14 October 2001
This includes PATRIOT and USA Acts and House floor debate.
[Congressional Record: October 12, 2001 (House)]
[Page H6726-H6776]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
[DOCID:cr12oc01-115]
PATRIOT ACT OF 2001
Mr. SENSENBRENNER. Mr. Speaker, pursuant to House Resolution 264, I
call up the bill (H.R. 2975) to combat terrorism, and for other
purposes, and ask for its immediate consideration.
The Clerk read the title of the bill.
The SPEAKER pro tempore. Pursuant to House Resolution 264, the bill
is considered read for amendment.
The text of H.R. 2975 is as follows:
H. R. 2975
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Provide Appropriate Tools
Required to Intercept and Obstruct Terrorism (PATRIOT) Act of
2001''.
SEC. 2. TABLE OF CONTENTS.
The following is the table of contents for this Act:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Construction; severability.
TITLE I--INTELLIGENCE GATHERING
Subtitle A--Electronic Surveillance
Sec. 101. Modification of authorities relating to use of pen registers
and trap and trace devices.
[[Page H6727]]
Sec. 102. Seizure of voice-mail messages pursuant to warrants.
Sec. 103. Authorized disclosure.
Sec. 104. Savings provision.
Sec. 105. Interception of computer trespasser communications.
Sec. 106. Technical amendment.
Sec. 107. Scope of subpoenas for records of electronic communications.
Sec. 108. Nationwide service of search warrants for electronic
evidence.
Sec. 109. Clarification of scope.
Sec. 110. Emergency disclosure of electronic communications to protect
life and limb.
Sec. 111. Use as evidence.
Sec. 112. Reports concerning the disclosure of the contents of
electronic communications.
Subtitle B--Foreign Intelligence Surveillance and Other Information
Sec. 151. Period of orders of electronic surveillance of non-United
States persons under foreign intelligence surveillance.
Sec. 152. Multi-point authority.
Sec. 153. Foreign intelligence information.
Sec. 154. Foreign intelligence information sharing.
Sec. 155. Pen register and trap and trace authority.
Sec. 156. Business records.
Sec. 157. Miscellaneous national-security authorities.
Sec. 158. Proposed legislation.
Sec. 159. Presidential authority.
Sec. 160. Sunset.
TITLE II--ALIENS ENGAGING IN TERRORIST ACTIVITY
Subtitle A--Detention and Removal of Aliens Engaging in Terrorist
Activity
Sec. 201. Changes in classes of aliens who are ineligible for admission
and deportable due to terrorist activity.
Sec. 202. Changes in designation of foreign terrorist organizations.
Sec. 203. Mandatory detention of suspected terrorists; habeas corpus;
judicial review.
Sec. 204. Multilateral cooperation against terrorists.
Sec. 205. Changes in conditions for granting asylum and asylum
procedures.
Sec. 206. Protection of northern border.
Sec. 207. Requiring sharing by the Federal Bureau of Investigation of
certain criminal record extracts with other Federal
agencies in order to enhance border security.
Subtitle B--Preservation of Immigration Benefits for Victims of
Terrorism
Sec. 211. Special immigrant status.
Sec. 212. Extension of filing or reentry deadlines.
Sec. 213. Humanitarian relief for certain surviving spouses and
children.
Sec. 214. ``Age-out'' protection for children.
Sec. 215. Temporary administrative relief.
Sec. 216. Evidence of death, disability, or loss of employment.
Sec. 217. No benefits to terrorists or family members of terrorists.
Sec. 218. Definitions.
TITLE III--CRIMINAL JUSTICE
Subtitle A--Substantive Criminal Law
Sec. 301. Statute of limitation for prosecuting terrorism offenses.
Sec. 302. Alternative maximum penalties for terrorism crimes.
Sec. 303. Penalties for terrorist conspiracies.
Sec. 304. Terrorism crimes as RICO predicates.
Sec. 305. Biological weapons.
Sec. 306. Support of terrorism through expert advice or assistance.
Sec. 307. Prohibition against harboring.
Sec. 308. Post-release supervision of terrorists.
Sec. 309. Definition.
Sec. 310. Civil damages.
Subtitle B--Criminal Procedure
Sec. 351. Single-jurisdiction search warrants for terrorism.
Sec. 352. DNA identification of terrorists.
Sec. 353. Grand jury matters.
Sec. 354. Extraterritoriality.
Sec. 355. Jurisdiction over crimes committed at United States
facilities abroad.
Sec. 356. Special agent authorities.
TITLE IV--FINANCIAL INFRASTRUCTURE
Sec. 401. Laundering the proceeds of terrorism.
Sec. 402. Material support for terrorism.
Sec. 403. Assets of terrorist organizations.
Sec. 404. Technical clarification relating to provision of material
support to terrorism.
Sec. 405. Disclosure of tax information in terrorism and national
security investigations.
Sec. 406. Extraterritorial jurisdiction.
TITLE V--EMERGENCY AUTHORIZATIONS
Sec. 501. Office of Justice programs.
Sec. 502. Attorney General's authority to pay rewards.
Sec. 503. Limited authority to pay overtime.
Sec. 504. Department of State reward authority.
TITLE VI--DAM SECURITY
Sec. 601. Security of reclamation dams, facilities, and resources.
TITLE VII--MISCELLANEOUS
Sec. 701. Employment of translators by the Federal Bureau of
Investigation.
Sec. 702. Review of the Department of Justice.
SEC. 3. CONSTRUCTION; SEVERABILITY.
Any provision of this Act held to be invalid or
unenforceable by its terms, or as applied to any person or
circumstance, shall be construed so as to give it the maximum
effect permitted by law, unless such holding shall be one of
utter invalidity or unenforceability, in which event such
provision shall be deemed severable from this Act and shall
not affect the remainder thereof or the application of such
provision to other persons not similarly situated or to
other, dissimilar circumstances.
TITLE I--INTELLIGENCE GATHERING
Subtitle A--Electronic Surveillance
SEC. 101. MODIFICATION OF AUTHORITIES RELATING TO USE OF PEN
REGISTERS AND TRAP AND TRACE DEVICES.
(a) General Limitation on Use by Governmental Agencies.--
Section 3121(c) of title 18, United States Code, is amended--
(1) by inserting ``or trap and trace device'' after ``pen
register'';
(2) by inserting ``, routing, addressing,'' after
``dialing''; and
(3) by striking ``call processing'' and inserting ``the
processing and transmitting of wire and electronic
communications''.
(b) Issuance of Orders.--
(1) In general.--Subsection (a) of section 3123 of title
18, United States Code, is amended to read as follows:
``(a) In General.--
``(1) Upon an application made under section 3122(a)(1),
the court shall enter an ex parte order authorizing the
installation and use of a pen register or trap and trace
device anywhere within the United States, if the court finds
that the attorney for the Government has certified to the
court that the information likely to be obtained by such
installation and use is relevant to an ongoing criminal
investigation. The order shall, upon service thereof, apply
to any person or entity providing wire or electronic
communication service in the United States whose assistance
may facilitate the execution of the order.
``(2) Upon an application made under section 3122(a)(2),
the court shall enter an ex parte order authorizing the
installation and use of a pen register or trap and trace
device within the jurisdiction of the court, if the court
finds that the State law-enforcement or investigative officer
has certified to the court that the information likely to be
obtained by such installation and use is relevant to an
ongoing criminal investigation.''.
(2) Contents of order.--Subsection (b)(1) of section 3123
of title 18, United States Code, is amended--
(A) in subparagraph (A)--
(i) by inserting ``or other facility'' after ``telephone
line''; and
(ii) by inserting before the semicolon at the end ``or
applied''; and
(B) by striking subparagraph (C) and inserting the
following:
``(C) the attributes of the communications to which the
order applies, including the number or other identifier and,
if known, the location of the telephone line or other
facility to which the pen register or trap and trace device
is to be attached or applied, and, in the case of an order
authorizing installation and use of a trap and trace device
under subsection (a)(2), the geographic limits of the order;
and''.
(3) Nondisclosure requirements.--Subsection (d)(2) of
section 3123 of title 18, United States Code, is amended--
(A) by inserting ``or other facility'' after ``the line'';
and
(B) by striking ``, or who has been ordered by the court''
and inserting ``or applied, or who is obligated by the
order''.
(c) Definitions.--
(1) Court of competent jurisdiction.--Paragraph (2) of
section 3127 of title 18, United States Code, is amended by
striking subparagraph (A) and inserting the following:
``(A) any district court of the United States (including a
magistrate judge of such a court) or any United States court
of appeals having jurisdiction over the offense being
investigated; or''.
(2) Pen register.--Paragraph (3) of section 3127 of title
18, United States Code, is amended--
(A) by striking ``electronic or other impulses'' and all
that follows through ``is attached'' and inserting ``dialing,
routing, addressing, or signaling information transmitted by
an instrument or facility from which a wire or electronic
communication is transmitted (but not including the contents
of such communication)''; and
(B) by inserting ``or process'' after ``device'' each place
it appears.
(3) Trap and trace device.--Paragraph (4) of section 3127
of title 18, United States Code, is amended--
(A) by inserting ``or process'' after ``a device''; and
(B) by striking ``of an instrument'' and all that follows
through the end and inserting ``or other dialing, routing,
addressing, and signaling information reasonably likely to
identify the source of a wire or electronic communication
(but not including the contents of such communication);''.
(4) Conforming amendment.--Section 3127(1) of title 18,
United States Code, is amended--
(A) by striking ``and''; and
[[Page H6728]]
(B) by inserting ``and `contents''' after``electronic
communication service''.
(d) No Liability for Internet Service Providers.--Section
3124(d) of title 18, United States Code, is amended by
striking ``the terms of''.
SEC. 102. SEIZURE OF VOICE-MAIL MESSAGES PURSUANT TO
WARRANTS.
Title 18, United States Code, is amended--
(1) in section 2510--
(A) in paragraph (1), by striking all the words after
``commerce''; and
(B) in paragraph (14), by inserting ``wire or'' after
``transmission of''; and
(2) in section 2703--
(A) in the headings for subsections (a) and (b), by
striking ``Contents of electronic'' and inserting ``Contents
of wire or electronic'';
(B) in subsection (a), by striking ``contents of an
electronic'' and inserting ``contents of a wire or
electronic'' each place it appears; and
(C) in subsection (b), by striking ``any electronic'' and
inserting ``any wire or electronic'' each place it appears.
SEC. 103. AUTHORIZED DISCLOSURE.
Section 2510(7) of title 18, United States Code, is amended
by inserting ``, and (for purposes only of section 2517 as it
relates to foreign intelligence information) any Federal law
enforcement, intelligence, national security, national
defense, protective, immigration personnel, or the President
or Vice President of the United States'' after ``such
offenses''.
SEC. 104. SAVINGS PROVISION.
Section 2511(2)(f) of title 18, United States Code, is
amended--
(1) by striking ``or chapter 121'' and inserting ``,
chapter 121, or chapter 206''; and
(2) by striking ``wire and oral'' and inserting ``wire,
oral, and electronic''.
SEC. 105. INTERCEPTION OF COMPUTER TRESPASSER COMMUNICATIONS.
Chapter 119 of title 18, United States Code, is amended--
(1) in section 2510--
(A) in paragraph (17), by striking ``and'' at the end;
(B) in paragraph (18), by striking the period and inserting
a semi-colon; and
(C) by adding after paragraph (18) the following:
``(19) `protected computer' has the meaning set forth in
section 1030; and
``(20) `computer trespasser' means a person who accesses a
protected computer without authorization and thus has no
reasonable expectation of privacy in any communication
transmitted to, through, or from the protected computer.'';
(2) in section 2511(2), by inserting after paragraph (h)
the following:
``(i) It shall not be unlawful under this chapter for a
person acting under color of law to intercept the wire or
electronic communications of a computer trespasser, if--
``(i) the owner or operator of the protected computer
authorizes the interception of the computer trespasser's
communications on the protected computer;
``(ii) the person acting under color of law is lawfully
engaged in an investigation;
``(iii) the person acting under color of law has reasonable
grounds to believe that the contents of the computer
trespasser's communications will be relevant to the
investigation; and
``(iv) such interception does not acquire communications
other than those transmitted to or from the computer
trespasser.''; and
(3) in section 2520(d)(3), by inserting ``or 2511(2)(i)''
after ``2511(3)''.
SEC. 106. TECHNICAL AMENDMENT.
Section 2518(3)(c) of title 18, United States Code, is
amended by inserting ``and'' after the semicolon.
SEC. 107. SCOPE OF SUBPOENAS FOR RECORDS OF ELECTRONIC
COMMUNICATIONS.
Section 2703(c)(1)(C) of title 18, United States Code, is
amended--
(1) by striking ``entity the name, address, local and long
distance telephone toll billing records, telephone number or
other subscriber number or identity, and length of service of
a'' and inserting the following:
``entity the--
``(A) name;
``(B) address;
``(C) local and long distance telephone connection records,
or records of session times and durations;
``(D) length of service (including start date) and types of
service utilized;
``(E) telephone or instrument number or other subscriber
number or identity, including any temporarily assigned
network address; and
``(F) means and source of payment (including any credit
card or bank account number);
of a''; and
(2) by striking ``and the types of services the subscriber
or customer utilized,'' after ``of a subscriber to or
customer of such service,''.
SEC. 108. NATIONWIDE SERVICE OF SEARCH WARRANTS FOR
ELECTRONIC EVIDENCE.
Chapter 121 of title 18, United States Code, is amended--
(1) in section 2703, by striking ``under the Federal Rules
of Criminal Procedure'' each place it appears and inserting
``using the procedures described in the Federal Rules of
Criminal Procedure by a court with jurisdiction over the
offense under investigation''; and
(2) in section 2711--
(A) in paragraph (1), by striking ``and'';
(B) in paragraph (2), by striking the period and inserting
``; and''; and
(C) by adding the following new paragraph at the end:
``(3) the term `court of competent jurisdiction' has the
meaning given that term in section 3127, and includes any
Federal court within that definition, without geographic
limitation.''.
SEC. 109. CLARIFICATION OF SCOPE.
Section 2511(2) of title 18, United States Code, as amended
by section 106(2) of this Act, is further amended by adding
at the end the following:
``(j) With respect to a voluntary or obligatory disclosure
of information (other than information revealing customer
cable viewing activity) under this chapter, chapter 121, or
chapter 206, subsections (c)(2)(B) and (h) of section 631 of
the Communications Act of 1934 do not apply.
SEC. 110. EMERGENCY DISCLOSURE OF ELECTRONIC COMMUNICATIONS
TO PROTECT LIFE AND LIMB.
(a) Section 2702 of title 18, United States Code, is
amended--
(1) by amending the heading to read as follows:
``Sec. 2702. Voluntary disclosure of customer communications
or records'' ;
(2) in subsection (a)(2)(B) by striking the period and
inserting ``; and'';
(3) in subsection (a), by inserting after paragraph (2) the
following:
``(3) a provider of remote computing service or electronic
communication service to the public shall not knowingly
divulge a record or other information pertaining to a
subscriber to or customer of such service (not including the
contents of communications covered by paragraph (1) or (2))
to any governmental entity.'';
(4) in subsection (b), by striking ``Exceptions.--A person
or entity'' and inserting ``Exceptions for Disclosure of
Communications.--A provider described in subsection (a)'';
(5) in subsection (b)(6)--
(A) in subparagraph (A)(ii), by striking ``or'';
(B) in subparagraph (B), by striking the period and
inserting ``; or'';
(C) by inserting after subparagraph (B) the following:
``(C) if the provider reasonably believes that an emergency
involving immediate danger of death or serious physical
injury to any person requires disclosure of the information
without delay.''; and
(6) by inserting after subsection (b) the following:
``(c) Exceptions for Disclosure of Customer Records.--A
provider described in subsection (a) may divulge a record or
other information pertaining to a subscriber to or customer
of such service (not including the contents of communications
covered by subsection (a)(1) or (a)(2))--
``(1) as otherwise authorized in section 2703;
``(2) with the lawful consent of the customer or
subscriber;
``(3) as may be necessarily incident to the rendition of
the service or to the protection of the rights or property of
the provider of that service;
``(4) to a governmental entity, if the provider reasonably
believes that an emergency involving immediate danger of
death or serious physical injury to any person justifies
disclosure of the information; or
``(5) to any person other than a governmental entity.''.
(b) Section 2703 of title 18, United States Code, is
amended--
(1) so that the section heading reads as follows:
``Sec. 2703. Required disclosure of customer communications
or records'';
(2) in subsection (c)(1)--
(A) in subparagraph (A), by striking ``Except'' and all
that follows through ``only when'' in subparagraph (B) and
inserting ``A governmental entity may require a provider of
electronic communication service or remote computing service
to disclose a record or other information pertaining to a
subscriber to or customer of such service (not including the
contents of communications) only when'';
(B) by striking ``or'' at the end of clause (iii) of
subparagraph (B);
(C) by striking the period at the end of clause (iv) of
subparagraph (B) and inserting ``; or'';
(D) by inserting after clause (iv) of subparagraph (B) the
following:
``(v) seeks information pursuant to subparagraph (B).'';
(E) in subparagraph (C), by striking ``(B)'' and inserting
``(A)''; and
(F) by redesignating subparagraph (C) as subparagraph (B);
and
(3) in subsection (e), by striking ``or certification'' and
inserting ``certification, or statutory authorization''.
SEC. 111. USE AS EVIDENCE.
(a) In General.--Section 2515 of title 18, United States
Code, is amended--
(1) by striking ``wire or oral'' in the heading and
inserting ``wire, oral, or electronic'';
(2) by striking ``Whenever any wire or oral communication
has been intercepted'' and inserting ``(a) Except as provided
in subsection (b), whenever any wire, oral, or electronic
communication has been intercepted, or any electronic
communication in electronic storage has been disclosed'';
[[Page H6729]]
(3) by inserting ``or chapter 121'' after ``this chapter'';
and
(4) by adding at the end the following:
``(b) Subsection (a) does not apply to the disclosure,
before a grand jury or in a criminal trial, hearing, or other
criminal proceeding, of the contents of a communication, or
evidence derived therefrom, against a person alleged to have
intercepted, used, or disclosed the communication in
violation of this chapter, or chapter 121, or participated in
such violation.''.
(b) Section 2517.--Paragraphs (1) and (2) of section 2517
are each amended by inserting ``or under the circumstances
described in section 2515(b)'' after ``by this chapter''.
(c) Section 2518.--Section 2518 of title 18, United States
Code, is amended--
(1) in subsection (7), by striking ``subsection (d)'' and
inserting ``subsection (8)(d)''; and
(2) in subsection (10)--
(A) in paragraph (a)--
(i) by striking ``or oral'' each place it appears and
inserting ``, oral, or electronic'';
(ii) by striking the period at the end of clause (iii) and
inserting a semicolon; and
(iii) by inserting ``except that no suppression may be
ordered under the circumstances described in section
2515(b).'' before ``Such motion''; and
(B) by striking paragraph (c).
(d) Clerical Amendment.--The item relating to section 2515
in the table of sections at the beginning of chapter 119 of
title 18, United States Code, is amended to read as follows:
``2515. Prohibition of use as evidence of intercepted wire, oral, or
electronic communications.''.
SEC. 112. REPORTS CONCERNING THE DISCLOSURE OF THE CONTENTS
OF ELECTRONIC COMMUNICATIONS.
Section 2703 of title 18, United States Code, is amended by
adding at the end the following:
``(g) Reports Concerning the Disclosure of the Contents of
Electronic Communications.--
``(1) By January 31 of each calendar year, the judge
issuing or denying an order, warrant, or subpoena, or the
authority issuing or denying a subpoena, under subsection (a)
or (b) of this section during the preceding calendar year
shall report on each such order, warrant, or subpoena to the
Administrative Office of the United States Courts--
``(A) the fact that the order, warrant, or subpoena was
applied for;
``(B) the kind of order, warrant, or subpoena applied for;
``(C) the fact that the order, warrant, or subpoena was
granted as applied for, was modified, or was denied;
``(D) the offense specified in the order, warrant,
subpoena, or application;
``(E) the identity of the agency making the application;
and
``(F) the nature of the facilities from which or the place
where the contents of electronic communications were to be
disclosed.
``(2) In January of each year the Attorney General or an
Assistant Attorney General specially designated by the
Attorney General shall report to the Administrative Office of
the United States Courts--
``(A) the information required by subparagraphs (A) through
(F) of paragraph (1) of this subsection with respect to each
application for an order, warrant, or subpoena made during
the preceding calendar year; and
``(B) a general description of the disclosures made under
each such order, warrant, or subpoena, including--
``(i) the approximate number of all communications
disclosed and, of those, the approximate number of
incriminating communications disclosed;
``(ii) the approximate number of other communications
disclosed; and
``(iii) the approximate number of persons whose
communications were disclosed.
``(3) In June of each year, beginning in 2003, the Director
of the Administrative Office of the United States Courts
shall transmit to the Congress a full and complete report
concerning the number of applications for orders, warrants,
or subpoenas authorizing or requiring the disclosure of the
contents of electronic communications pursuant to subsections
(a) and (b) of this section and the number of orders,
warrants, or subpoenas granted or denied pursuant to
subsections (a) and (b) of this section during the preceding
calendar year. Such report shall include a summary and
analysis of the data required to be filed with the
Administrative Office by paragraphs (1) and (2) of this
subsection. The Director of the Administrative Office of the
United States Courts is authorized to issue binding
regulations dealing with the content and form of the reports
required to be filed by paragraphs (1) and (2) of this
subsection.''.
Subtitle B--Foreign Intelligence Surveillance and Other Information
SEC. 151. PERIOD OF ORDERS OF ELECTRONIC SURVEILLANCE OF NON-
UNITED STATES PERSONS UNDER FOREIGN
INTELLIGENCE SURVEILLANCE.
(a) Including Agents of a Foreign Power.--(1) Section
105(e)(1) of the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. 1805(e)(1)) is amended by inserting ``or an
agent of a foreign power, as defined in section
101(b)(1)(A),'' after ``or (3),''.
(2) Section 304(d)(1) of such Act (50 U.S.C. 1824(d)(1)) is
amended by inserting ``or an agent of a foreign power, as
defined in section 101(b)(1)(A),'' after ``101(a),''.
(b) Period of Order.--Such section 304(d)(1) is further
amended by striking ``forty-five'' and inserting ``90''.
SEC. 152. MULTI-POINT AUTHORITY.
Section 105(c)(2)(B) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1805(c)(2)(B)) is amended
by inserting ``, or, in circumstances where the Court finds
that the actions of the target of the electronic surveillance
may have the effect of thwarting the identification of a
specified person, such other persons,'' after ``specified
person''.
SEC. 153. FOREIGN INTELLIGENCE INFORMATION.
Sections 104(a)(7)(B) and 303(a)(7)(B) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C.
1804(a)(7)(B), 1823(a)(7)(B)) are each amended by striking
``that the'' and inserting ``that a significant''.
SEC. 154. FOREIGN INTELLIGENCE INFORMATION SHARING.
Notwithstanding any other provision of law, it shall be
lawful for foreign intelligence information obtained as part
of a criminal investigation (including information obtained
pursuant to chapter 119 of title 18, United States Code) to
be provided to any Federal law-enforcement-, intelligence-,
protective-, national-defense, or immigration personnel, or
the President or the Vice President of the United States, for
the performance of official duties.
SEC. 155. PEN REGISTER AND TRAP AND TRACE AUTHORITY.
Section 402(c) of the Foreign Intelligence Surveillance Act
of 1978 (50 U.S.C. 1842(c)) is amended--
(1) in paragraph (1), by adding ``and'' at the end;
(2) in paragraph (2)--
(A) by inserting ``from the telephone line to which the pen
register or trap and trace device is to be attached, or the
communication instrument or device to be covered by the pen
register or trap and trace device'' after ``obtained''; and
(B) by striking ``; and'' and inserting a period; and
(3) by striking paragraph (3).
SEC. 156. BUSINESS RECORDS.
(a) In General.--Section 501 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1861) is amended to read
as follows:
``access to certain business records for foreign intelligence and
international terrorism investigations
``Sec. 501. (a) In any investigation to gather foreign
intelligence information or an investigation concerning
international terrorism, such investigation being conducted
by the Federal Bureau of Investigation under such guidelines
as the Attorney General may approve pursuant to Executive
Order No. 12333 (or a successor order), the Director of the
Federal Bureau of Investigation or a designee of the Director
(whose rank shall be no lower than Assistant Special Agent in
Charge) may make an application for an order requiring the
production of any tangible things (including books, records,
papers, documents, and other items) that are relevant to the
investigation.
``(b) Each application under this section--
``(1) shall be made to--
``(A) a judge of the court established by section 103(a) of
this Act; or
``(B) a United States magistrate judge under chapter 43 of
title 28, United States Code, who is publicly designated by
the Chief Justice of the United States to have the power to
hear applications and grant orders for the release of records
under this section on behalf of a judge of that court; and
``(2) shall specify that the records concerned are sought
for an investigation described in subsection (a).
``(c)(1) Upon application made pursuant to this section,
the judge shall enter an ex parte order as requested
requiring the production the tangible things sought if the
judge finds that the application satisfies the requirements
of this section.
``(2) An order under this subsection shall not disclose
that it is issued for purposes of an investigation described
in subsection (a).
``(d) A person who, in good faith, produces tangible things
under an order issued pursuant to this section shall not be
liable to any other person for such production. Such
production shall not be deemed to constitute a waiver of any
privilege in any other proceeding or context.''.
(b) Conforming Amendments.--(1) Section 502 of such Act (50
U.S.C. 1862) is repealed.
(2) Section 503 of such Act (50 U.S.C. 1863) is
redesignated as section 502.
(c) Clerical Amendment.--The table of contents at the
beginning of the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. 1801 et seq.) is amended by striking the
items relating to title V and inserting the following:
``TITLE V--ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN INTELLIGENCE
PURPOSES
``501. Access to certain business records for foreign intelligence and
international terrorism investigations.
``502. Congressional oversight.''.
SEC. 157. MISCELLANEOUS NATIONAL-SECURITY AUTHORITIES.
(a) Section 2709(b) of title 18, United States Code, is
amended--
(1) in paragraph (1)--
(A) by inserting ``, or electronic communication
transactional records'' after ``toll billing records''; and
(B) by striking ``made that'' and all that follows through
the end of such paragraph and inserting ``made that the name,
address, length of service, and toll billing records
[[Page H6730]]
sought are relevant to an authorized foreign
counterintelligence investigation; and''; and
(2) in paragraph (2), by striking ``made that'' and all
that follows through the end and inserting ``made that the
information sought is relevant to an authorized foreign
counterintelligence investigation.''.
(b) Section 624 of Public Law 90-321 (15 U.S.C. 1681u) is
amended--
(1) in subsection (a), by striking ``writing that'' and all
that follows through the end and inserting ``writing that
such information is necessary for the conduct of an
authorized foreign counterintelligence investigation.'';
(2) in subsection (b), by striking ``writing that'' and all
that follows through the end and inserting ``writing that
such information is necessary for the conduct of an
authorized foreign counterintelligence investigation.''; and
(3) in subsection (c), by striking ``camera that'' and all
that follows through ``States.'' and inserting ``camera that
the consumer report is necessary for the conduct of an
authorized foreign counterintelligence investigation.''.
SEC. 158. PROPOSED LEGISLATION.
Not later than August 31, 2003, the President shall propose
legislation relating to the provisions set to expire by
section 160 of this Act as the President may judge necessary
and expedient.
SEC. 159. PRESIDENTIAL AUTHORITY.
Section 203 of the International Emergency Economic Powers
Act (50 U.S.C. 1702) is amended in subsection (a)(1)--
(1) in subparagraph (A)--
(A) in clause (ii), by adding ``or'' after ``thereof,'';
and
(B) by striking clause (iii) and inserting the following:
``(iii) the importing or exporting of currency or
securities,
by any person, or with respect to any property, subject to
the jurisdiction of the United States;'';
(2) by striking after subparagraph (B), ``by any person, or
with respect to any property, subject to the jurisdiction of
the United States'';
(3) in subparagraph (B)--
(A) by inserting after ``investigate'' the following: ``,
block during the pendency of an investigation for a period of
not more than 90 days (which may be extended by an additional
60 days if the President determines that such blocking is
necessary to carry out the purposes of this Act),''; and
(B) by striking ``interest;'' and inserting ``interest, by
any person, or with respect to any property, subject to the
jurisdiction of the United States; and''; and
(4) by adding at the end the following new subparagraph:
``(C) when a statute has been enacted authorizing the use
of force by United States armed forces against a foreign
country, foreign organization, or foreign national, or when
the United States has been subject to an armed attack by a
foreign country, foreign organization, or foreign national,
confiscate any property, subject to the jurisdiction of the
United States, of any foreign country, foreign organization,
or foreign national against whom United States armed forces
may be used pursuant to such statute or, in the case of an
armed attack against the United States, that the President
determines has planned, authorized, aided, or engaged in such
attack; and
``(i) all right, title, and interest in any property so
confiscated shall vest when, as, and upon the terms directed
by the President, in such agency or person as the President
may designate from time to time,
``(ii) upon such terms and conditions as the President may
prescribe, such interest or property shall be held, used,
administered, liquidated, sold, or otherwise dealt with in
the interest of and for the benefit of the United States,
except that the proceeds of any such liquidation or sale, or
any cash assets, shall be segregated from other United States
Government funds and shall be used only pursuant to a statute
authorizing the expenditure of such proceeds or assets, and
``(iii) such designated agency or person may perform any
and all acts incident to the accomplishment or furtherance of
these purposes.''.
SEC. 160. SUNSET.
This title and the amendments made by this title (other
than sections 109 (relating to clarification of scope) and
159 (relating to presidential authority)) and the amendments
made by those sections shall take effect on the date of
enactment of this Act and shall cease to have any effect on
December 31, 2003.
TITLE II--ALIENS ENGAGING IN TERRORIST ACTIVITY
Subtitle A--Detention and Removal of Aliens Engaging in Terrorist
Activity
SEC. 201. CHANGES IN CLASSES OF ALIENS WHO ARE INELIGIBLE FOR
ADMISSION AND DEPORTABLE DUE TO TERRORIST
ACTIVITY.
(a) Aliens Ineligible for Admission Due to Terrorist
Activities.--Section 212(a)(3)(B) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(3)(B)) is amended--
(1) in clause (i)--
(A) in subclauses (I), (II), and (III), by striking the
comma at the end and inserting a semicolon;
(B) by amending subclause (IV) to read as follows:
``(IV) is a representative of--
``(a) a foreign terrorist organization, as designated by
the Secretary of State under section 219; or
``(b) a political, social, or other similar group whose
public endorsement of terrorist activity the Secretary of
State has determined undermines the efforts of the United
States to reduce or eliminate terrorist activities;'';
(C) in subclause (V), by striking any comma at the end, by
striking any ``or'' at the end, and by adding ``; or'' at the
end; and
(D) by inserting after subclause (V) the following:
``(VI) has used the alien's prominence within a foreign
state or the United States to endorse or espouse terrorist
activity, or to persuade others to support terrorist activity
or a terrorist organization, in a way that the Secretary of
State has determined undermines the efforts of the United
States to reduce or eliminate terrorist activities;'';
(2) in clause (ii)--
(A) in the matter preceding subclause (I), by striking
``(or which, if committed in the United States,'' and
inserting ``(or which, if it had been or were to be committed
in the United States,''; and
(B) in subclause (V)(b), by striking ``explosive or
firearm'' and inserting ``explosive, firearm, or other
object'';
(3) by amending clause (iii) to read as follows:
``(iii) Engage in terrorist activity defined.--As used in
this Act, the term `engage in terrorist activity' means, in
an individual capacity or as a member of an organization--
``(I) to commit a terrorist activity;
``(II) to plan or prepare to commit a terrorist activity;
``(III) to gather information on potential targets for a
terrorist activity;
``(IV) to solicit funds or other things of value for--
``(a) a terrorist activity;
``(b) an organization designated as a foreign terrorist
organization under section 219; or
``(c) a terrorist organization described in clause (v)(II),
but only if the solicitor knows, or reasonably should know,
that the solicitation would further a terrorist activity;
``(V) to solicit any individual--
``(a) to engage in conduct otherwise described in this
clause;
``(b) for membership in a terrorist government;
``(c) for membership in an organization designated as a
foreign terrorist organization under section 219; or
``(d) for membership in a terrorist organization described
in clause (v)(II), but only if the solicitor knows, or
reasonably should know, that the solicitation would further a
terrorist activity; or
``(VI) to commit an act that the actor knows, or reasonably
should know, affords material support, including a safe
house, transportation, communications, funds, transfer of
funds or other material financial benefit, false
documentation or identification, weapons (including chemical,
biological, and radiological weapons), explosives, or
training--
``(a) for the commission of a terrorist activity;
``(b) to any individual who the actor knows, or reasonably
should know, has committed or plans to commit a terrorist
activity;
``(c) to an organization designated as a foreign terrorist
organization under section 219; or
``(d) to a terrorist organization described in clause
(v)(II), but only if the actor knows, or reasonably should
know, that the act would further a terrorist activity.''; and
(4) by adding at the end the following:
``(v) Terrorist organization defined.--As used in this
subparagraph, the term `terrorist organization' means--
``(I) an organization designated as a foreign terrorist
organization under section 219; or
``(II) with regard to a group that is not an organization
described in subclause (I), a group of 2 or more individuals,
whether organized or not, which engages in, or which has a
significant subgroup which engages in, the activities
described in subclause (I), (II), or (III) of clause (iii).
``(vi) Special rule for material support.--Clause
(iii)(VI)(b) shall not be construed to include the affording
of material support to an individual who committed or planned
to commit a terrorist activity, if the alien establishes by
clear and convincing evidence that such support was afforded
only after such individual permanently and publicly
renounced, rejected the use of, and had ceased to engage in,
terrorist activity.''.
(b) Aliens Ineligible for Admission Due to Endangerment.--
Section 212(a)(3) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(3)) is amended by adding at the end the
following:
``(F) Endangerment.--Any alien who the Secretary of State,
after consultation with the Attorney General, or the Attorney
General, after consultation with the Secretary of State,
determines has been associated with a terrorist organization
and intends while in the United States to engage solely,
principally, or incidentally in activities that could
endanger the welfare, safety, or security of the United
States is inadmissible.''.
(c) Aliens Deportable Due to Terrorist Activities.--Section
237(a)(4)(B) of the Immigration and Nationality (8 U.S.C.
1227(a)(4)(B)) is amended to read as follows:
``(B) Terrorist activities.--Any alien is deportable who--
[[Page H6731]]
``(i) has engaged, is engaged, or at any time after
admission engages in terrorist activity (as defined in
section 212(a)(3)(B)(iii));
``(ii) is a representative (as defined in section
212(a)(3)(B)(iv)) of--
``(I) a foreign terrorist organization, as designated by
the Secretary of State under section 219; or
``(II) a political, social, or other similar group whose
public endorsement of terrorist activity--
``(a) is intended and likely to incite or produce imminent
lawless action; and
``(b) has been determined by the Secretary of State to
undermine the efforts of the United States to reduce or
eliminate terrorist activities; or
``(iii) has used the alien's prominence within a foreign
state or the United States--
``(I) to endorse, in a manner that is intended and likely
to incite or produce imminent lawless action and that has
been determined by the Secretary of State to undermine the
efforts of the United States to reduce or eliminate terrorist
activities, terrorist activity; or
``(II) to persuade others, in a manner that is intended and
likely to incite or produce imminent lawless action and that
has been determined by the Secretary of State to undermine
the efforts of the United States to reduce or eliminate
terrorist activities, to support terrorist activity or a
terrorist organization (as defined in section
212(a)(3)(B)(v)).''.
(d) Retroactive Application of Amendments.--
(1) In general.--The amendments made by this section shall
take effect on the date of the enactment of this Act and
shall apply to--
(A) actions taken by an alien before such date, as well as
actions taken on or after such date; and
(B) all aliens, without regard to the date of entry or
attempted entry into the United States--
(i) in removal proceedings on or after such date (except
for proceedings in which there has been a final
administrative decision before such date); or
(ii) seeking admission to the United States on or after
such date.
(2) Special rule for aliens in exclusion or deportation
proceedings.--Notwithstanding any other provision of law, the
amendments made by this section shall apply to all aliens in
exclusion or deportation proceedings on or after the date of
the enactment of this Act (except for proceedings in which
there has been a final administrative decision before such
date) as if such proceedings were removal proceedings.
(3) Special rule for section 219 organizations.--
(A) In general.--Notwithstanding paragraphs (1) and (2), no
alien shall be considered inadmissible under section
212(a)(3) of the Immigration and Nationality Act (8 U.S.C.
1182(a)(3)), or deportable under section 237(a)(4)(B) of such
Act (8 U.S.C. 1227(a)(4)(B)), by reason of the amendments
made by subsection (a), on the ground that the alien engaged
in a terrorist activity described in subclause (IV)(b),
(V)(c), or (VI)(c) of section 212(a)(3)(B)(iii) of such Act
(as so amended) with respect to a group at any time when the
group was not a foreign terrorist organization designated by
the Secretary of State under section 219 of such Act (8
U.S.C. 1189).
(B) Construction.--Subparagraph (A) shall not be construed
to prevent an alien from being considered inadmissible or
deportable for having engaged in a terrorist activity--
(i) described in subclause (IV)(b), (V)(c), or (VI)(c) of
section 212(a)(3)(B)(iii) of such Act (as so amended) with
respect to a foreign terrorist organization at any time when
such organization was designated by the Secretary of State
under section 219 of such Act; or
(ii) described in subclause (IV)(c), (V)(d), or (VI)(d) of
section 212(a)(3)(B)(iii) of such Act (as so amended) with
respect to any group described in any of such subclauses.
SEC. 202. CHANGES IN DESIGNATION OF FOREIGN TERRORIST
ORGANIZATIONS.
Section 219(a) of the Immigration and Nationality Act (8
U.S.C. 1189(a)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (B), by striking ``212(a)(3)(B));'' and
inserting ``212(a)(3)(B)), engages in terrorism (as defined
in section 140(d)(2) of the Foreign Relations Authorization
Act, Fiscal Years 1988 and 1989 (22 U.S.C. 2656f(d)(2)), or
retains the capability and intent to engage in terrorist
activity or to engage in terrorism (as so defined);''; and
(B) in subparagraph (C), by inserting ``or terrorism''
after ``activity'';
(2) in paragraph (2)--
(A) by amending subparagraph (A) to read as follows:
``(A) Notice.--
``(i) In general.--Seven days before making a designation
under this subsection, the Secretary shall, by classified
communication, notify the Speaker and minority leader of the
House of Representatives, the President pro tempore, majority
leader, and minority leader of the Senate, the members of the
relevant committees, and the Secretary of the Treasury, in
writing, of the intent to designate a foreign organization
under this subsection, together with the findings made under
paragraph (1) with respect to that organization, and the
factual basis therefor.
``(ii) Publication of designation.--The Secretary shall
publish the designation in the Federal Register seven days
after providing the notification under clause (i).'';
(B) in subparagraph (B), by striking ``(A).'' and inserting
``(A)(ii).''; and
(C) in subparagraph (C), by striking ``paragraph (2),'' and
inserting ``subparagraph (A)(i),'';
(3) in paragraph (3)(B), by striking ``subsection (c).''
and inserting ``subsection (b).';
(4) in paragraph (4)(B), by inserting after the first
sentence the following: ``The Secretary may also redesignate
such organization at the end of any 2-year redesignation
period (but not sooner than 60 days prior to the termination
of such period) for an additional 2-year period upon a
finding that the relevant circumstances described in
paragraph (1) still exist. Any redesignation shall be
effective immediately following the end of the prior 2-year
designation or redesignation period unless a different
effective date is provided in such redesignation.'';
(5) in paragraph (6)--
(A) in subparagraph (A)--
(i) in the matter preceding clause (i), by inserting ``or a
redesignation made under paragraph (4)(B)'' after ``paragraph
(1)'';
(ii) in clause (i)--
(I) by inserting ``or redesignation'' after ``designation''
the first place it appears; and
(II) by striking ``of the designation;'' and inserting a
semicolon; and
(iii) in clause (ii), by striking ``of the designation.''
and inserting a period;
(B) in subparagraph (B), by striking ``through (4)'' and
inserting ``and (3)''; and
(C) by adding at the end the following:
``(C) Effective date.--Any revocation shall take effect on
the date specified in the revocation or upon publication in
the Federal Register if no effective date is specified.'';
(6) in paragraph (7), by inserting ``, or the revocation of
a redesignation under paragraph (6),'' after ``(5) or (6)'';
and
(7) in paragraph (8)--
(A) by striking ``(1)(B),'' and inserting ``(2)(B), or if a
redesignation under this subsection has become effective
under paragraph (4)(B)'';
(B) by inserting ``or an alien in a removal proceeding''
after ``criminal action''; and
(C) by inserting ``or redesignation'' before ``as a
defense''.
SEC. 203. MANDATORY DETENTION OF SUSPECTED TERRORISTS; HABEAS
CORPUS; JUDICIAL REVIEW.
(a) In General.--The Immigration and Nationality Act (8
U.S.C. 1101 et seq.) is amended by inserting after section
236 the following:
``mandatory detention of suspected terrorists; habeas corpus; judicial
review
``Sec. 236A. (a) Detention of Terrorist Aliens.--
``(1) Custody.--The Attorney General shall take into
custody any alien who is certified under paragraph (3).
``(2) Release.--Except as provided in paragraph (5), the
Attorney General shall maintain custody of such an alien
until the alien is removed from the United States. Such
custody shall be maintained irrespective of any relief from
removal for which the alien may be eligible, or any relief
from removal granted the alien, until the Attorney General
determines that the alien is no longer an alien who may be
certified under paragraph (3).
``(3) Certification.--The Attorney General may certify an
alien under this paragraph if the Attorney General has
reasonable grounds to believe that the alien--
``(A) is described in section 212(a)(3)(A)(i),
212(a)(3)(A)(iii), 212(a)(3)(B), 237(a)(4)(A)(i),
237(a)(4)(A)(iii), or 237(a)(4)(B); or
``(B) is engaged in any other activity that endangers the
national security of the United States.
``(4) Nondelegation.--The Attorney General may delegate the
authority provided under paragraph (3) only to the
Commissioner. The Commissioner may not delegate such
authority.
``(5) Commencement of proceedings.--The Attorney General
shall place an alien detained under paragraph (1) in removal
proceedings, or shall charge the alien with a criminal
offense, not later than 7 days after the commencement of such
detention. If the requirement of the preceding sentence is
not satisfied, the Attorney General shall release the alien.
``(b) Habeas Corpus and Judicial Review.--Judicial review
of any action or decision relating to this section (including
judicial review of the merits of a determination made under
subsection (a)(3)) is available exclusively in habeas corpus
proceedings in the United States District Court for the
District of Columbia. Notwithstanding any other provision of
law, including section 2241 of title 28, United States Code,
except as provided in the preceding sentence, no court shall
have jurisdiction to review, by habeas corpus petition or
otherwise, any such action or decision.''.
(b) Clerical Amendment.--The table of contents of the
Immigration and Nationality Act is amended by inserting after
the item relating to section 236 the following:
``Sec. 236A. Mandatory detention of suspected terrorists; habeas
corpus; judicial review.''.
(c) Reports.--Not later than 6 months after the date of the
enactment of this Act, and every 6 months thereafter, the
Attorney General shall submit a report to the Committee on
the Judiciary of the House of Representatives and the
Committee on the Judiciary of the Senate, with respect to the
reporting period, on--
(1) the number of aliens certified under section 236A(a)(3)
of the Immigration and Nationality Act, as added by
subsection (a);
[[Page H6732]]
(2) the grounds for such certifications;
(3) the nationalities of the aliens so certified;
(4) the length of the detention for each alien so
certified; and
(5) the number of aliens so certified who--
(A) were granted any form of relief from removal;
(B) were removed;
(C) the Attorney General has determined are no longer an
alien who may be so certified; or
(D) were released from detention.
SEC. 204. MULTILATERAL COOPERATION AGAINST TERRORISTS.
Section 222(f) of the Immigration and Nationality Act (8
U.S.C. 1202(f)) is amended--
(1) by striking ``The records'' and inserting ``(1) Subject
to paragraphs (2) and (3), the records'';
(2) by striking ``United States,'' and all that follows
through the period at the end and inserting ``United
States.''; and
(3) by adding at the end the following:
``(2) In the discretion of the Secretary of State,
certified copies of such records may be made available to a
court which certifies that the information contained in such
records is needed by the court in the interest of the ends of
justice in a case pending before the court.
``(3)(A) Subject to the provisions of this paragraph, the
Secretary of State may provide copies of records of the
Department of State and of diplomatic and consular offices of
the United States (including the Department of State's
automated visa lookout database) pertaining to the issuance
or refusal of visas or permits to enter the United States, or
information contained in such records, to foreign governments
if the Secretary determines that it is necessary and
appropriate.
``(B) Such records and information may be provided on a
case-by-case basis for the purpose of preventing,
investigating, or punishing acts of terrorism. General access
to records and information may be provided under an agreement
to limit the use of such records and information to the
purposes described in the preceding sentence.
``(C) The Secretary of State shall make any determination
under this paragraph in consultation with any Federal agency
that compiled or provided such records or information.
``(D) To the extent possible, such records and information
shall be made available to foreign governments on a
reciprocal basis.''.
SEC. 205. CHANGES IN CONDITIONS FOR GRANTING ASYLUM AND
ASYLUM PROCEDURES.
(a) Aliens Ineligible for Asylum Due to Terrorist
Activities.--
(1) In general.--Section 208(b)(2)(A)(v) of the Immigration
and Nationality Act (8 U.S.C. 1158(b)(2)(A)(v)) is amended--
(A) by striking ``inadmissible under'' and inserting
``described in''; and
(B) by striking ``removable under'' and inserting
``described in''.
(2) Retroactive application of amendments.--The amendments
made by paragraph (1) shall take effect on the date of the
enactment of this Act and shall apply to--
(A) actions taken by an alien before such date, as well as
actions taken on or after such date; and
(B) all aliens, without regard to the date of entry or
attempted entry into the United States, whose application for
asylum is pending on or after such date (except for
applications with respect to which there has been a final
administrative decision before such date).
(b) Disclosure of Asylum Application Information.--
(1) In general.--Section 208 of the Immigration and
Nationality Act (8 U.S.C. 1158) is amended by adding at the
end the following:
``(e) Limitation on Confidentiality of Information.--
``(1) In general.--The restrictions on information
disclosure in section 208.6 of title 8, Code of Federal
Regulations (as in effect on the date of the enactment of the
PATRIOT Act or pursuant to any successor provision), shall
not apply to a disclosure to any person, if--
``(A) the disclosure is made in the course of an
investigation of an alien to determine if the alien is
described in section 212(a)(3)(B)(i) or 237(a)(4)(B); and
``(B) the Attorney General has reasonable grounds to
believe that the alien may be so described.
``(2) Exception.--The requirement of paragraph (1)(B) shall
not apply to an alien if the alien alleges that the alien is
eligible for asylum, in whole or in part, because a foreign
government believes that the alien is described in section
212(a)(3)(B)(i) or 237(a)(4)(B).
``(3) Disclosures to foreign governments.--If the Attorney
General desires to disclose information to a foreign
government under paragraph (1), the Attorney General shall
request the Secretary of State to make the disclosure.''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on the date of the enactment of this Act
and shall apply to the disclosure of information on or after
such date.
SEC. 206. PROTECTION OF NORTHERN BORDER.
There are authorized to be appropriated--
(1) such sums as may be necessary to triple the number of
Border Patrol personnel (from the number authorized under
current law) in each State along the northern border;
(2) such sums as may be necessary to triple the number of
Immigration and Naturalization Service inspectors (from the
number authorized under current law) at ports of entry in
each State along the northern border; and
(3) an additional $50,000,000 to the Immigration and
Naturalization Service for purposes of making improvements in
technology for monitoring the northern border and acquiring
additional equipment at the northern border.
SEC. 207. REQUIRING SHARING BY THE FEDERAL BUREAU OF
INVESTIGATION OF CERTAIN CRIMINAL RECORD
EXTRACTS WITH OTHER FEDERAL AGENCIES IN ORDER
TO ENHANCE BORDER SECURITY.
(a) In General.--Section 105 of the Immigration and
Nationality Act (8 U.S.C. 1105), is amended--
(1) in the section heading, by adding ``and data exchange''
at the end;
(2) by inserting ``(a) Liaison With Internal Security
Officers.--'' after ``105.'';
(3) by striking ``the internal security of'' and inserting
``the internal and border security of''; and
(4) by adding at the end the following:
``(b) Criminal History Record Information.--The Attorney
General and the Director of the Federal Bureau of
Investigation shall provide the Secretary of State and the
Commissioner access to the criminal history record
information contained in the National Crime Information
Center's Interstate Identification Index, Wanted Persons
File, and to any other files maintained by the National Crime
Information Center that may be mutually agreed upon by the
Attorney General and the official to be provided access, for
the purpose of determining whether a visa applicant or
applicant for admission has a criminal history record indexed
in any such file. Such access shall be provided by means of
extracts of the records for placement in the Department of
State's automated visa lookout database or other appropriate
database, and shall be provided without any fee or charge.
The Director of the Federal Bureau of Investigation shall
provide periodic updates of the extracts at intervals
mutually agreed upon by the Attorney General and the official
provided access. Upon receipt of such updated extracts, the
receiving official shall make corresponding updates to the
official's databases and destroy previously provided
extracts. Such access to any extract shall not be construed
to entitle the Secretary of State to obtain the full content
of the corresponding automated criminal history record. To
obtain the full content of a criminal history record, the
Secretary of State shall submit the applicant's fingerprints
and any appropriate fingerprint processing fee authorized by
law to the Criminal Justice Information Services Division of
the Federal Bureau of Investigation.
``(c) Reconsideration.--The provision of the extracts
described in subsection (b) may be reconsidered by the
Attorney General and the receiving official upon the
development and deployment of a more cost-effective and
efficient means of sharing the information.
``(d) Regulations.--For purposes of administering this
section, the Secretary of State shall, prior to receiving
access to National Crime Information Center data, promulgate
final regulations--
``(1) to implement procedures for the taking of
fingerprints; and
``(2) to establish the conditions for the use of the
information received from the Federal Bureau of
Investigation, in order--
``(A) to limit the redissemination of such information;
``(B) to ensure that such information is used solely to
determine whether to issue a visa to an individual;
``(C) to ensure the security, confidentiality, and
destruction of such information; and
``(D) to protect any privacy rights of individuals who are
subjects of such information.''.
(b) Clerical Amendment.--The table of contents of the
Immigration and Nationality Act is amended by amending the
item relating to section 105 to read as follows:
``Sec. 105. Liaison with internal security officers and data
exchange.''.
(c) Effective Date and Implementation.--The amendments made
by this section shall take effect on the date of the
enactment of this Act and shall be fully implemented not
later than 18 months after such date.
(d) Reporting Requirement.--Not later than 2 years after
the date of the enactment of this Act, the Attorney General
and the Secretary of State, jointly, shall report to the
Congress on the implementation of the amendments made by this
section.
(e) Construction.--Nothing in this section, or in any other
law, shall be construed to limit the authority of the
Attorney General or the Director of the Federal Bureau of
Investigation to provide access to the criminal history
record information contained in the National Crime
Information Center's Interstate Identification Index, or to
any other information maintained by such center, to any
Federal agency or officer authorized to enforce or administer
the immigration laws of the United States, for the purpose
of such enforcement or administration, upon terms that are
consistent with sections 212 through 216 of the National
Crime Prevention and Privacy Compact Act of 1998 (42
U.S.C. 14611 et seq.).
[[Page H6733]]
Subtitle B--Preservation of Immigration Benefits for Victims of
Terrorism
SEC. 211. SPECIAL IMMIGRANT STATUS.
(a) In General.--For purposes of the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.), the Attorney General
may provide an alien described in subsection (b) with the
status of a special immigrant under section 101(a)(27) of
such Act (8 U.S.C. 1101(a(27)), if the alien--
(1) files with the Attorney General a petition under
section 204 of such Act (8 U.S.C. 1154) for classification
under section 203(b)(4) of such Act (8 U.S.C. 1153(b)(4));
and
(2) is otherwise eligible to receive an immigrant visa and
is otherwise admissible to the United States for permanent
residence, except in determining such admissibility, the
grounds for inadmissibility specified in section 212(a)(4) of
such Act (8 U.S.C. 1182(a)(4)) shall not apply.
(b) Aliens Described.--
(1) Principal aliens.--An alien is described in this
subsection if--
(A) the alien was the beneficiary of--
(i) a petition that was filed with the Attorney General on
or before September 11, 2001--
(I) under section 204 of the Immigration and Nationality
Act (8 U.S.C. 1154) to classify the alien as a family-
sponsored immigrant under section 203(a) of such Act (8
U.S.C. 1153(a)) or as an employment-based immigrant under
section 203(b) of such Act (8 U.S.C. 1153(b)); or
(II) under section 214(d) (8 U.S.C. 1184(d)) of such Act to
authorize the issuance of a nonimmigrant visa to the alien
under section 101(a)(15)(K) of such Act (8 U.S.C.
1101(a)(15)(K)); or
(ii) an application for labor certification under section
212(a)(5)(A) of such Act (8 U.S.C. 1182(a)(5)(A)) that was
filed under regulations of the Secretary of Labor on or
before such date; and
(B) such petition or application was revoked or terminated
(or otherwise rendered null), either before or after its
approval, due to a specified terrorist activity that directly
resulted in--
(i) the death or disability of the petitioner, applicant,
or alien beneficiary; or
(ii) loss of employment due to physical damage to, or
destruction of, the business of the petitioner or applicant.
(2) Spouses and children.--
(A) In general.--An alien is described in this subsection
if--
(i) the alien was, on September 10, 2001, the spouse or
child of a principal alien described in paragraph (1); and
(ii) the alien--
(I) is accompanying such principal alien; or
(II) is following to join such principal alien not later
than September 11, 2003.
(B) Construction.--For purposes of construing the terms
``accompanying'' and ``following to join'' in subparagraph
(A)(ii), any death of a principal alien that is described in
paragraph (1)(B)(i) shall be disregarded.
(3) Grandparents of orphans.--An alien is described in this
subsection if the alien is a grandparent of a child, both of
whose parents died as a direct result of a specified
terrorist activity, if either of such deceased parents was,
on September 10, 2001, a citizen or national of the United
States or an alien lawfully admitted for permanent residence
in the United States.
(c) Priority Date.--Immigrant visas made available under
this section shall be issued to aliens in the order in which
a petition on behalf of each such alien is filed with the
Attorney General under subsection (a)(1), except that if an
alien was assigned a priority date with respect to a petition
described in subsection (b)(1)(A)(i), the alien may maintain
that priority date.
(d) Numerical Limitations.--For purposes of the application
of sections 201 through 203 of the Immigration and
Nationality Act (8 U.S.C. 1151-1153) in any fiscal year,
aliens eligible to be provided status under this section
shall be treated as special immigrants described in section
101(a)(27) of such Act (8 U.S.C. 1101(a)(27)) who are not
described in subparagraph (A), (B), (C), or (K) of such
section.
SEC. 212. EXTENSION OF FILING OR REENTRY DEADLINES.
(a) Automatic Extension of Nonimmigrant Status.--
(1) In general.--Notwithstanding section 214 of the
Immigration and Nationality Act (8 U.S.C. 1184), in the case
of an alien described in paragraph (2) who was lawfully
present in the United States as a nonimmigrant on September
10, 2001, the alien may remain lawfully in the United States
in the same nonimmigrant status until the later of--
(A) the date such lawful nonimmigrant status otherwise
would have terminated if this subsection had not been
enacted; or
(B) 1 year after the death or onset of disability described
in paragraph (2).
(2) Aliens described.--
(A) Principal aliens.--An alien is described in this
paragraph if the alien was disabled as a direct result of a
specified terrorist activity.
(B) Spouses and children.--An alien is described in this
paragraph if the alien was, on September 10, 2001, the spouse
or child of--
(i) a principal alien described in subparagraph (A); or
(ii) an alien who died as a direct result of a specified
terrorist activity.
(3) Authorized employment.--During the period in which a
principal alien or alien spouse is in lawful nonimmigrant
status under paragraph (1), the alien shall be provided an
``employment authorized'' endorsement or other appropriate
document signifying authorization of employment not later
than 30 days after the alien requests such authorization.
(b) New Deadlines for Extension or Change of Nonimmigrant
Status.--
(1) Filing delays.--In the case of an alien who was
lawfully present in the United States as a nonimmigrant on
September 10, 2001, if the alien was prevented from filing a
timely application for an extension or change of nonimmigrant
status as a direct result of a specified terrorist activity,
the alien's application shall be considered timely filed if
it is filed not later than 60 days after it otherwise would
have been due.
(2) Departure delays.--In the case of an alien who was
lawfully present in the United States as a nonimmigrant on
September 10, 2001, if the alien is unable timely to depart
the United States as a direct result of a specified terrorist
activity, the alien shall not be considered to have been
unlawfully present in the United States during the period
beginning on September 11, 2001, and ending on the date of
the alien's departure, if such departure occurs on or before
November 11, 2001.
(3) Special rule for aliens unable to return from abroad.--
(A) Principal aliens.--In the case of an alien who was in a
lawful nonimmigrant status on September 10, 2001, but who was
not present in the United States on such date, if the alien
was prevented from returning to the United States in order to
file a timely application for an extension of nonimmigrant
status as a direct result of a specified terrorist activity--
(i) the alien's application shall be considered timely
filed if it is filed not later than 60 days after it
otherwise would have been due; and
(ii) the alien's lawful nonimmigrant status shall be
considered to continue until the later of--
(I) the date such status otherwise would have terminated if
this subparagraph had not been enacted; or
(II) the date that is 60 days after the date on which the
application described in clause (i) otherwise would have been
due.
(B) Spouses and children.--In the case of an alien who is
the spouse or child of a principal alien described in
subparagraph (A), if the spouse or child was in a lawful
nonimmigrant status on September 10, 2001, the spouse or
child may remain lawfully in the United States in the same
nonimmigrant status until the later of--
(i) the date such lawful nonimmigrant status otherwise
would have terminated if this subparagraph had not been
enacted; or
(ii) the date that is 60 days after the date on which the
application described in subparagraph (A) otherwise would
have been due.
(c) Diversity Immigrants.--
(1) Waiver of fiscal year limitation.--Notwithstanding
section 203(e)(2) of the Immigration and Nationality Act (8
U.S.C. 1153(e)(2)), an immigrant visa number issued to an
alien under section 203(c) of such Act for fiscal year 2001
may be used by the alien during the period beginning on
October 1, 2001, and ending on April 1, 2002, if the alien
establishes that the alien was prevented from using it during
fiscal year 2001 as a direct result of a specified terrorist
activity.
(2) Worldwide level.--In the case of an alien entering the
United States as a lawful permanent resident, or adjusting to
that status, under paragraph (1), the alien shall be counted
as a diversity immigrant for fiscal year 2001 for purposes of
section 201(e) of the Immigration and Nationality Act (8
U.S.C. 1151(e)), unless the worldwide level under such
section for such year has been exceeded, in which case the
alien shall be counted as a diversity immigrant for fiscal
year 2002.
(3) Treatment of family members of certain aliens.--In the
case of a principal alien issued an immigrant visa number
under section 203(c) of the Immigration and Nationality Act
(8 U.S.C. 1153(c)) for fiscal year 2001, if such principal
alien died as a direct result of a specified terrorist
activity, the aliens who were, on September 10, 2001, the
spouse and children of such principal alien shall, if not
otherwise entitled to an immigrant status and the immediate
issuance of a visa under subsection (a), (b), or (c) of
section 203 of such Act, be entitled to the same status, and
the same order of consideration, that would have been
provided to such alien spouse or child under section 203(d)
of such Act if the principal alien were not deceased.
(d) Extension of Expiration of Immigrant Visas.--
Notwithstanding the limitations under section 221(c) of the
Immigration and Nationality Act (8 U.S.C. 1201(c)), in the
case of any immigrant visa issued to an alien that expires or
expired before December 31, 2001, if the alien was unable to
effect entry to the United States as a direct result of a
specified terrorist activity, then the period of validity of
the visa is extended until December 31, 2001, unless a longer
period of validity is otherwise provided under this subtitle.
(e) Grants of Parole Extended.--In the case of any parole
granted by the Attorney General under section 212(d)(5) of
the Immigration and Nationality Act (8 U.S.C. 1182(d)(5))
that expires on a date on or after September 11, 2001, if the
alien beneficiary of the parole was unable to return to the
United States prior to the expiration date as a direct result
of a specified terrorist activity, the parole is deemed
extended for an additional 90 days.
[[Page H6734]]
(f) Voluntary Departure.--Notwithstanding section 240B of
the Immigration and Nationality Act (8 U.S.C. 1229c), if a
period for voluntary departure under such section expired
during the period beginning on September 11, 2001, and ending
on October 11, 2001, such voluntary departure period is
deemed extended for an additional 30 days.
SEC. 213. HUMANITARIAN RELIEF FOR CERTAIN SURVIVING SPOUSES
AND CHILDREN.
(a) Treatment as Immediate Relatives.--Notwithstanding the
second sentence of section 201(b)(2)(A)(i) of the Immigration
and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)), in the case
of an alien who was the spouse of a citizen of the United
States at the time of the citizen's death and was not legally
separated from the citizen at the time of the citizen's
death, if the citizen died as a direct result of a specified
terrorist activity, the alien (and each child of the alien)
shall be considered, for purposes of section 201(b) of such
Act, to remain an immediate relative after the date of the
citizen's death, but only if the alien files a petition under
section 204(a)(1)(A)(ii) of such Act within 2 years after
such date and only until the date the alien remarries.
(b) Spouses, Children, Unmarried Sons and Daughters of
Lawful Permanent Resident Aliens.--
(1) In general.--Any spouse, child, or unmarried son or
daughter of an alien described in paragraph (3) who is
included in a petition for classification as a family-
sponsored immigrant under section 203(a)(2) of the
Immigration and Nationality Act (8 U.S.C. 1153(a)(2)) that
was filed by such alien before September 11, 2001, shall be
considered (if the spouse, child, son, or daughter has not
been admitted or approved for lawful permanent residence by
such date) a valid petitioner for preference status under
such section with the same priority date as that assigned
prior to the death described in paragraph (3)(A). No new
petition shall be required to be filed. Such spouse, child,
son, or daughter may be eligible for deferred action and work
authorization.
(2) Self-petitions.--Any spouse, child, or unmarried son or
daughter of an alien described in paragraph (3) who is not a
beneficiary of a petition for classification as a family-
sponsored immigrant under section 203(a)(2) of the
Immigration and Nationality Act may file a petition for such
classification with the Attorney General, if the spouse,
child, son, or daughter was present in the United States on
September 11, 2001. Such spouse, child, son, or daughter may
be eligible for deferred action and work authorization.
(3) Aliens described.--An alien is described in this
paragraph if the alien--
(A) died as a direct result of a specified terrorist
activity; and
(B) on the day of such death, was lawfully admitted for
permanent residence in the United States.
(c) Applications for Adjustment of Status by Surviving
Spouses and Children of Employment-Based Immigrants.--
(1) In general.--Any alien who was, on September 10, 2001,
the spouse or child of an alien described in paragraph (2),
and who applied for adjustment of status prior to the death
described in paragraph (2)(A), may have such application
adjudicated as if such death had not occurred.
(2) Aliens described.--An alien is described in this
paragraph if the alien--
(A) died as a direct result of a specified terrorist
activity; and
(B) on the day before such death, was--
(i) an alien lawfully admitted for permanent residence in
the United States by reason of having been allotted a visa
under section 203(b) of the Immigration and Nationality Act
(8 U.S.C. 1153(b)); or
(ii) an applicant for adjustment of status to that of an
alien described in clause (i), and admissible to the United
States for permanent residence.
(d) Waiver of Public Charge Grounds.--In determining the
admissibility of any alien accorded an immigration benefit
under this section, the grounds for inadmissibility specified
in section 212(a)(4) of the Immigration and Nationality Act
(8 U.S.C. 1182(a)(4)) shall not apply.
SEC. 214. ``AGE-OUT'' PROTECTION FOR CHILDREN.
For purposes of the administration of the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.), in the case of an
alien--
(1) whose 21st birthday occurs in September 2001, and who
is the beneficiary of a petition or application filed under
such Act on or before September 11, 2001, the alien shall be
considered to be a child for 90 days after the alien's 21st
birthday for purposes of adjudicating such petition or
application; and
(2) whose 21st birthday occurs after September 2001, and
who is the beneficiary of a petition or application filed
under such Act on or before September 11, 2001, the alien
shall be considered to be a child for 45 days after the
alien's 21st birthday for purposes of adjudicating such
petition or application.
SEC. 215. TEMPORARY ADMINISTRATIVE RELIEF.
The Attorney General, for humanitarian purposes or to
ensure family unity, may provide temporary administrative
relief to any alien who--
(1) was lawfully present in the United States on September
10, 2001;
(2) was on such date the spouse, parent, or child of an
individual who died or was disabled as a direct result of a
specified terrorist activity; and
(3) is not otherwise entitled to relief under any other
provision of this subtitle.
SEC. 216. EVIDENCE OF DEATH, DISABILITY, OR LOSS OF
EMPLOYMENT.
(a) In General.--The Attorney General shall establish
appropriate standards for evidence demonstrating, for
purposes of this subtitle, that any of the following occurred
as a direct result of a specified terrorist activity:
(1) Death.
(2) Disability.
(3) Loss of employment due to physical damage to, or
destruction of, a business.
(b) Waiver of Regulations.--The Attorney General shall
carry out subsection (a) as expeditiously as possible. The
Attorney General is not required to promulgate regulations
prior to implementing this subtitle.
SEC. 217. NO BENEFITS TO TERRORISTS OR FAMILY MEMBERS OF
TERRORISTS.
Notwithstanding any other provision of this subtitle,
nothing in this subtitle shall be construed to provide any
benefit or relief to--
(1) any individual culpable for a specified terrorist
activity; or
(2) any family member of any individual described in
paragraph (1).
SEC. 218. DEFINITIONS.
(a) Application of Immigration and Nationality Act
Provisions.--Except as otherwise specifically provided in
this subtitle, the definitions used in the Immigration and
Nationality Act (excluding the definitions applicable
exclusively to title III of such Act) shall apply in the
administration of this subtitle.
(b) Specified Terrorist Activity.--For purposes of this
subtitle, the term ``specified terrorist activity'' means any
terrorist activity conducted against the Government or the
people of the United States on September 11, 2001.
TITLE III--CRIMINAL JUSTICE
Subtitle A--Substantive Criminal Law
SEC. 301. STATUTE OF LIMITATION FOR PROSECUTING TERRORISM
OFFENSES.
(a) In General.--Section 3286 of title 18, United States
Code, is amended to read as follows:
``Sec. 3286. Terrorism offenses
``(a) An indictment may be found or an information
instituted at any time without limitation for any Federal
terrorism offense or any of the following offenses:
``(1) A violation of, or an attempt or conspiracy to
violate, section 32 (relating to destruction of aircraft or
aircraft facilities), 37(a)(1) (relating to violence at
international airports), 175 (relating to biological
weapons), 229 (relating to chemical weapons), 351(a)-(d)
(relating to congressional, cabinet, and Supreme Court
assassination and kidnaping), 792 (relating to harboring
terrorists), 831 (relating to nuclear materials), 844(f) or
(i) when it relates to bombing (relating to arson and bombing
of certain property), 1114(1) (relating to protection of
officers and employees of the United States), 1116, if the
offense involves murder (relating to murder or manslaughter
of foreign officials, official guests, or internationally
protected persons), 1203 (relating to hostage taking),
1751(a)-(d) (relating to Presidential and Presidential staff
assassination and kidnaping), 2332(a)(1) (relating to certain
homicides and other violence against United States nationals
occurring outside of the United States), 2332a (relating to
use of weapons of mass destruction), 2332b (relating to acts
of terrorism transcending national boundaries) of this title.
``(2) Section 236 (relating to sabotage of nuclear
facilities or fuel) of the Atomic Energy Act of 1954 (42
U.S.C. 2284);
``(3) Section 601 (relating to disclosure of identities of
covert agents) of the National Security Act of 1947 (50
U.S.C. 421).
``(4) Section 46502 (relating to aircraft piracy) of title
49.
``(b) An indictment may be found or an information
instituted within 15 years after the offense was committed
for any of the following offenses:
``(1) Section 175b (relating to biological weapons), 842(m)
or (n) (relating to plastic explosives), 930(c) if it
involves murder (relating to possessing a dangerous weapon in
a Federal facility), 956 (relating to conspiracy to injure
property of a foreign government), 1030(a)(1), 1030(a)(5)(A),
or 1030(a)(7) (relating to protection of computers), 1362
(relating to destruction of communication lines, stations, or
systems), 1366 (relating to destruction of an energy
facility), 1992 (relating to trainwrecking), 2152 (relating
to injury of fortifications, harbor defenses, or defensive
sea areas), 2155 (relating to destruction of national defense
materials, premises, or utilities), 2156 (relating to
production of defective national defense materials, premises,
or utilities), 2280 (relating to violence against maritime
navigation), 2281 (relating to violence against maritime
fixed platforms), 2339A (relating to providing material
support to terrorists), 2339B (relating to providing material
support to terrorist organizations), or 2340A (relating to
torture).
``(2) Any of the following provisions of title 49: the
second sentence of section 46504 (relating to assault on a
flight crew with a dangerous weapon), section 46505(b)(3),
(relating to explosive or incendiary devices, or endangerment
of human life by means of weapons, on aircraft), section
46506 if homicide or attempted homicide is involved, or
section 60123(b) (relating to destruction of interstate gas
or hazardous liquid pipeline facility) of title 49.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 213 of
[[Page H6735]]
title 18, United States Code, is amended by amending the item
relating to section 3286 to read as follows:
``3286. Terrorism offenses.''.
(c) Application.--The amendments made by this section shall
apply to the prosecution of any offense committed before, on,
or after the date of enactment of this section.
SEC. 302. ALTERNATIVE MAXIMUM PENALTIES FOR TERRORISM CRIMES.
Section 3559 of title 18, United States Code, is amended by
adding after subsection (d) the following:
``(e) Authorized Terms of Imprisonment for Terrorism
Crimes.--A person convicted of any Federal terrorism offense
may be sentenced to imprisonment for any term of years or for
life, notwithstanding any maximum term of imprisonment
specified in the law describing the offense. The
authorization of imprisonment under this subsection is
supplementary to, and does not limit, the availability of any
other penalty authorized by the law describing the offense,
including the death penalty, and does not limit the
applicability of any mandatory minimum term of imprisonment,
including any mandatory life term, provided by the law
describing the offense.''.
SEC. 303. PENALTIES FOR TERRORIST CONSPIRACIES.
Chapter 113B of title 18, United States Code, is amended--
(1) by inserting after section 2332b the following:
``Sec. 2332c. Attempts and conspiracies
``(a) Except as provided in subsection (c), any person who
attempts or conspires to commit any Federal terrorism offense
shall be subject to the same penalties as those prescribed
for the offense, the commission of which was the object of
the attempt or conspiracy.
``(b) Except as provided in subsection (c), any person who
attempts or conspires to commit any offense described in
section 25(2) shall be subject to the same penalties as those
prescribed for the offense, the commission of which was the
object of the attempt or conspiracy.
``(c) A death penalty may not be imposed by operation of
this section.''; and
(2) in the table of sections at the beginning of the
chapter, by inserting after the item relating to section
2332b the following new item:
``2332c. Attempts and conspiracies.''.
SEC. 304. TERRORISM CRIMES AS RICO PREDICATES.
Section 1961(1) of title 18, United States Code, is
amended--
(1) by striking ``or (F)'' and inserting ``(F)''; and
(2) by striking ``financial gain;'' and inserting
``financial gain, or (G) any act that is a Federal terrorism
offense or is indictable under any of the following
provisions of law: section 32 (relating to destruction of
aircraft or aircraft facilities), 37(a)(1) (relating to
violence at international airports), 175 (relating to
biological weapons), 229 (relating to chemical weapons),
351(a)-(d) (relating to congressional, cabinet, and Supreme
Court assassination and kidnaping), 831 (relating to nuclear
materials), 842(m) or (n) (relating to plastic explosives),
844(f) or (i) when it involves a bombing (relating to arson
and bombing of certain property), 930(c) when it involves an
attack on a Federal facility, 1114 when it involves murder
(relating to protection of officers and employees of the
United States), 1116 when it involves murder (relating to
murder or manslaughter of foreign officials, official guests,
or internationally protected persons), 1203 (relating to
hostage taking), 1362 (relating to destruction of
communication lines, stations, or systems), 1366 (relating to
destruction of an energy facility), 1751(a)-(d) (relating to
Presidential and Presidential staff assassination and
kidnaping), 1992 (relating to trainwrecking), 2280 (relating
to violence against maritime navigation), 2281 (relating to
violence against maritime fixed platforms), 2332a (relating
to use of weapons of mass destruction), 2332b (relating to
acts of terrorism transcending national boundaries), 2339A
(relating to providing material support to terrorists), 2339B
(relating to providing material support to terrorist
organizations), or 2340A (relating to torture) of this title;
section 236 (relating to sabotage of nuclear facilities or
fuel) of the Atomic Energy Act of 1954 (42 U.S.C. 2284); or
section 46502 (relating to aircraft piracy) or 60123(b)
(relating to destruction of interstate gas or hazardous
liquid pipeline facility) of title 49.''.
SEC. 305. BIOLOGICAL WEAPONS.
Chapter 10 of title 18, United States Code, is amended--
(1) in section 175--
(A) in subsection (b)--
(i) by striking, ``section, the'' and inserting ``section--
``(1) the'';
(ii) by striking ``does not include'' and inserting
``includes'';
(iii) by inserting ``other than'' after ``system for''; and
(iv) by striking ``purposes.'' and inserting ``purposes,
and
``(2) the terms biological agent and toxin do not encompass
any biological agent or toxin that is in its naturally-
occurring environment, if the biological agent or toxin has
not been cultivated, collected, or otherwise extracted from
its natural source.'';
(B) by redesignating subsection (b) as subsection (c); and
(C) by inserting after subsection (a) the following:
``(b) Additional Offense.--Whoever knowingly possesses any
biological agent, toxin, or delivery system of a type or in a
quantity that, under the circumstances, is not reasonably
justified by a prophylactic, protective, or other peaceful
purpose, shall be fined under this title, imprisoned not more
than 10 years, or both.'';
(2) by inserting after section 175a the following:
``Sec. 175b. Possession by restricted persons
``(a) No restricted person described in subsection (b)
shall ship or transport in interstate or foreign commerce, or
possess in or affecting commerce, any biological agent or
toxin, or receive any biological agent or toxin that has been
shipped or transported in interstate or foreign commerce, if
the biological agent or toxin is listed as a select agent in
subsection (j) of section 72.6 of title 42, Code of Federal
Regulations, pursuant to section 511(d)(1) of the
Antiterrorism and Effective Death Penalty Act of 1996 (Public
Law 104-132), and is not exempted under subsection (h) of
such section 72.6, or Appendix A of part 72 of such title;
except that the term select agent does not include any such
biological agent or toxin that is in its naturally-occurring
environment, if the biological agent or toxin has not been
cultivated, collected, or otherwise extracted from its
natural source.
``(b) As used in this section, the term `restricted person'
means an individual who--
``(1) is under indictment for a crime punishable by
imprisonment for a term exceeding 1 year;
``(2) has been convicted in any court of a crime punishable
by imprisonment for a term exceeding 1 year;
``(3) is a fugitive from justice;
``(4) is an unlawful user of any controlled substance (as
defined in section 102 of the Controlled Substances Act (21
U.S.C. 802));
``(5) is an alien illegally or unlawfully in the United
States;
``(6) has been adjudicated as a mental defective or has
been committed to any mental institution; or
``(7) is an alien (other than an alien lawfully admitted
for permanent residence) who is a national of a country as to
which the Secretary of State, pursuant to section 6(j) of the
Export Administration Act of 1979 (50 U.S.C. App. 2405(j)),
section 620A of chapter 1 of part M of the Foreign Assistance
Act of 1961 (22 U.S.C. 2371), or section 40(d) of chapter 3
of the Arms Export Control Act (22 U.S.C. 2780(d)), has made
a determination that remains in effect that such country has
repeatedly provided support for acts of international
terrorism.
``(c) As used in this section, the term `alien' has the
same meaning as that term is given in section 1010(a)(3) of
the Immigration and Nationality Act (8 U.S.C. 1101(a)(3)),
and the term `lawfully' admitted for permanent residence has
the same meaning as that term is given in section 101(a)(20)
of the Immigration and Nationality Act (8 U.S.C.
1101(a)(20)).
``(d) Whoever knowingly violates this section shall be
fined under this title or imprisoned not more than ten years,
or both, but the prohibition contained in this section shall
not apply with respect to any duly authorized governmental
activity under title V of the National Security Act of
1947.''; and
(3) in the table of sections in the beginning of such
chapter, by inserting after the item relating to section 175a
the following:
``175b. Possession by restricted persons.''.
SEC. 306. SUPPORT OF TERRORISM THROUGH EXPERT ADVICE OR
ASSISTANCE.
Section 2339A of title 18, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``a violation'' and all that follows
through ``49'' and inserting ``any Federal terrorism offense
or any offense described in section 25(2)''; and
(B) by striking ``violation,'' and inserting ``offense,'';
and
(2) in subsection (b), by inserting ``expert advice or
assistance,'' after ``training,''.
SEC. 307. PROHIBITION AGAINST HARBORING.
Title 18, United States Code, is amended by adding the
following new section:
``Sec. 791. Prohibition against harboring
``Whoever harbors or conceals any person who he knows has
committed, or is about to commit, an offense described in
section 25(2) or this title shall be fined under this title
or imprisoned not more than ten years or both. There is
extraterritorial Federal jurisdiction over any violation of
this section or any conspiracy or attempt to violate this
section. A violation of this section or of such a conspiracy
or attempt may be prosecuted in any Federal judicial district
in which the underlying offense was committed, or in any
other Federal judicial district as provided by law.''.
SEC. 308. POST-RELEASE SUPERVISION OF TERRORISTS.
Section 3583 of title 18, United States Code, is amended by
adding at the end the following:
``(j) Supervised Release Terms for Terrorism Offenses.--
Notwithstanding subsection (b), the authorized terms of
supervised release for any Federal terrorism offense are any
term of years or life.''.
SEC. 309. DEFINITION.
(a) Chapter 1 of title 18, United States Code, is amended--
(1) by adding after section 24 a new section as follows:
[[Page H6736]]
``Sec. 25. Federal terrorism offense defined
``As used in this title, the term `Federal terrorism
offense' means an offense that is--
``(1) is calculated to influence or affect the conduct of
government by intimidation or coercion; or to retaliate
against government conduct; and
``(2) is a violation of, or an attempt or conspiracy to
violate- section 32 (relating to destruction of aircraft or
aircraft facilities), 37 (relating to violence at
international airports), 81 (relating to arson within special
maritime and territorial jurisdiction), 175, 175b (relating
to biological weapons), 229 (relating to chemical weapons),
351(a)-(d) (relating to congressional, cabinet, and Supreme
Court assassination and kidnaping), 792 (relating to
harboring terrorists), 831 (relating to nuclear materials),
842(m) or (n) (relating to plastic explosives), 844(f) or (i)
(relating to arson and bombing of certain property), 930(c),
956 (relating to conspiracy to injure property of a foreign
government), 1030(a)(1), 1030(a)(5)(A), or 1030(a)(7)
(relating to protection of computers), 1114 (relating to
protection of officers and employees of the United States),
1116 (relating to murder or manslaughter of foreign
officials, official guests, or internationally protected
persons), 1203 (relating to hostage taking), 1361 (relating
to injury of Government property or contracts), 1362
(relating to destruction of communication lines, stations, or
systems), 1363 (relating to injury to buildings or property
within special maritime and territorial jurisdiction of the
United States), 1366 (relating to destruction of an energy
facility), 1751(a)-(d) (relating to Presidential and
Presidential staff assassination and kidnaping), 1992, 2152
(relating to injury of fortifications, harbor defenses, or
defensive sea areas), 2155 (relating to destruction of
national defense materials, premises, or utilities), 2156
(relating to production of defective national defense
materials, premises, or utilities), 2280 (relating to
violence against maritime navigation), 2281 (relating to
violence against maritime fixed platforms), 2332 (relating to
certain homicides and other violence against United States
nationals occurring outside of the United States), 2332a
(relating to use of weapons of mass destruction), 2332b
(relating to acts of terrorism transcending national
boundaries), 2339A (relating to providing material support to
terrorists), 2339B (relating to providing material support to
terrorist organizations), or 2340A (relating to torture);
``(3) section 236 (relating to sabotage of nuclear
facilities or fuel) of the Atomic Energy Act of 1954 (42
U.S.C. 2284);
``(4) section 601 (relating to disclosure of identities of
covert agents) of the National Security Act of 1947 (50
U.S.C. 421); or
``(5) any of the following provisions of title 49: section
46502 (relating to aircraft piracy), the second sentence of
section 46504 (relating to assault on a flight crew with a
dangerous weapon), section 46505(b)(3), (relating to
explosive or incendiary devices, or endangerment of human
life by means of weapons, on aircraft), section 46506 if
homicide or attempted homicide is involved, or section
60123(b) (relating to destruction of interstate gas or
hazardous liquid pipeline facility) of title 49.''; and
(2) in the table of sections in the beginning of such
chapter, by inserting after the item relating to section 24
the following:
``25. Federal terrorism offense defined.''.
(b) Section 2332b(g)(5)(B) of title 18, United States Code,
is amended by striking ``is a violation'' and all that
follows through ``title 49'' and inserting ``is a Federal
terrorism offense''.
(c) Section 2331 of title 18, United States Code, is
amended--
(1) in paragraph (1)(B)--
(A) by inserting ``(or to have the effect)'' after
``intended''; and
(B) in clause (iii), by striking ``by assassination or
kidnapping'' and inserting ``(or any function thereof) by
mass destruction, assassination, or kidnapping (or threat
thereof)'';
(2) in paragraph (3), by striking ``and'';
(3) in paragraph (4), by striking the period and inserting
``; and''; and
(4) by inserting the following paragraph (4):
``(5) the term `domestic terrorism' means activities that--
``(A) involve acts dangerous to human life that are a
violation of the criminal laws of the United States or of any
State; and
``(B) appear to be intended (or to have the effect)--
``(i) to intimidate or coerce a civilian population;
``(ii) to influence the policy of a government by
intimidation or coercion; or
``(iii) to affect the conduct of a government (or any
function thereof) by mass destruction, assassination, or
kidnapping (or threat thereof).''.
SEC. 310. CIVIL DAMAGES.
Section 2707(c) of title 18, United States Code, is amended
by striking ``$1,000'' and inserting ``$10,000''.
Subtitle B--Criminal Procedure
SEC. 351. SINGLE-JURISDICTION SEARCH WARRANTS FOR TERRORISM.
Rule 41(a) of the Federal Rules of Criminal Procedure is
amended by inserting after ``executed'' the following: ``and
(3) in an investigation of domestic terrorism or
international terrorism (as defined in section 2331 of title
18, United States Code), by a Federal magistrate judge in any
district in which activities related to the terrorism may
have occurred, for a search of property or for a person
within or outside the district''.
SEC. 352. DNA IDENTIFICATION OF TERRORISTS.
Section 3(d)(1) of the DNA Analysis Backlog Elimination Act
of 2000 (42 U.S.C. 14135a(d)(1)) is amended--
(1) by redesignating subparagraph (G) as subparagraph (H);
and
(2) by inserting after subparagraph (F) the a new
subparagraph as follows:
``(G) Any Federal terrorism offense (as defined in section
25 of title 18, United States Code).''.
SEC. 353. GRAND JURY MATTERS.
Rule 6(e)(3)(C) of the Federal Rules of Criminal Procedure
is amended--
(1) by adding at the end the following:
``(v) when permitted by a court at the request of an
attorney for the government, upon a showing that the matters
pertain to international or domestic terrorism (as defined in
section 2331 of title 18, United States Code) or national
security, to any Federal law enforcement, intelligence,
national security, national defense, protective, immigration
personnel, or to the President or Vice President of the
United States, for the performance of official duties.'';
(2) by striking ``or'' at the end of subdivision (iii); and
(3) by striking the period at the end of subdivision (iv)
and inserting ``; or''.
SEC. 354. EXTRATERRITORIALITY.
Chapter 113B of title 18, United States Code, is amended--
(1) in the heading for section 2338, by striking
``Exclusive'';
(2) in section 2338, by inserting ``There is
extraterritorial Federal jurisdiction over any Federal
terrorism offense and any offense under this chapter, in
addition to any extraterritorial jurisdiction that may exist
under the law defining the offense, if the person committing
the offense or the victim of the offense is a national of the
United States (as defined in section 101 of the Immigration
and Nationality Act) or if the offense is directed at the
security or interests of the United States.'' before ``The
district courts''; and
(3) in the table of sections at the beginning of such
chapter, by striking ``Exclusive'' in the item relating to
section 2338.
SEC. 355. JURISDICTION OVER CRIMES COMMITTED AT UNITED STATES
FACILITIES ABROAD.
Section 7 of title 18, United States Code, is amended by
adding at the end the following:
``(9) With respect to offenses committed by or against a
United States national, as defined in section 1203(c) of this
title--
``(A) the premises of United States diplomatic, consular,
military, or other United States Government missions or
entities in foreign states, including the buildings, parts of
buildings, and the land appurtenant or ancillary thereto,
irrespective of ownership, used for purposes of those
missions or entities; and
``(B) residences in foreign states and the land appurtenant
or ancillary thereto, irrespective of ownership, used for
purposes of those missions or entities or used by United
States personnel assigned to those missions or entities,
except that this paragraph does not supercede any treaty or
international agreement in force on the date of the enactment
of this paragraph.''.
SEC. 356. SPECIAL AGENT AUTHORITIES.
(a) General Authority of Special Agents.--Section 37(a) of
the State Department Basic Authorities Act of 1956 (22 U.S.C.
2709(a)) is amended--
(1) by striking paragraph (2) and inserting the following:
``(2) in the course of performing the functions set forth
in paragraphs (1) and (3), obtain and execute search and
arrest warrants, as well as obtain and serve subpoenas and
summonses, issued under the authority of the United
States;'';
(2) in paragraph (3)(F) by inserting ``or President-elect''
after ``President''; and
(3) by striking paragraph (5) and inserting the following:
``(5) in the course of performing the functions set forth
in paragraphs (1) and (3), make arrests without warrant for
any offense against the United States committed in the
presence of the special agent, or for any felony cognizable
under the laws of the United States if the special agent has
reasonable grounds to believe that the person to be arrested
has committed or is committing such felony.''.
(b) Crimes.--Section 37 of such Act (22 U.S.C. 2709) is
amended by inserting after subsection (c) the following new
subsections:
``(d) Interference With Agents.--Whoever knowingly and
willfully obstructs, resists, or interferes with a Federal
law enforcement agent engaged in the performance of the
protective functions authorized by this section shall be
fined under title 18 or imprisoned not more than one year, or
both.
``(e) Persons Under Protection of Special Agents.--Whoever
engages in any conduct--
``(1) directed against an individual entitled to protection
under this section, and
``(2) which would constitute a violation of section 112 or
878 of title 18, United States Code, if such individual were
a foreign official, an official guest, or an internationally
protected person, shall be subject to the same penalties as
are provided for such conduct directed against an individual
subject to protection under such section of title 18.''.
[[Page H6737]]
TITLE IV--FINANCIAL INFRASTRUCTURE
SEC. 401. 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. 402. MATERIAL SUPPORT FOR TERRORISM.
Section 2339A of title 18, United States Code, is amended--
(1) in subsection (a), by adding at the end the following
``A violation of this section may be prosecuted in any
Federal judicial district in which the underlying offense was
committed, or in any other Federal judicial district as
provided by law.''; and
(2) in subsection (b), by striking ``or other financial
securities'' and inserting ``or monetary instruments or
financial securities''.
SEC. 403. ASSETS OF TERRORIST ORGANIZATIONS.
Section 981(a)(1) of title 18, United States Code, is
amended by inserting after subparagraph (F) the following:
``(G) All assets, foreign or domestic--
``(i) of any person, entity, or organization engaged in
planning or perpetrating any act of domestic terrorism or
international terrorism (as defined in section 2331) against
the United States, citizens or residents of the United
States, or their property, and all assets, foreign or
domestic, affording any person a source of influence over any
such entity or organization;
``(ii) acquired or maintained by any person for the purpose
of supporting, planning, conducting, or concealing an act of
domestic terrorism or international terrorism (as defined in
section 2331) against the United States, citizens or
residents of the United States, or their property; or
``(iii) derived from, involved in, or used or intended to
be used to commit any act of domestic terrorism or
international terrorism (as defined in section 2331) against
the United States, citizens or residents of the United
States, or their property.''.
SEC. 404. TECHNICAL CLARIFICATION RELATING TO PROVISION OF
MATERIAL SUPPORT TO TERRORISM.
No provision of title IX of Public Law 106-387 shall be
understood to limit or otherwise affect section 2339A or
2339B of title 18, United States Code.
SEC. 405. DISCLOSURE OF TAX INFORMATION IN TERRORISM AND
NATIONAL SECURITY INVESTIGATIONS.
(a) Disclosure Without a Request of Information Relating to
Terrorist Activities, Etc.--Paragraph (3) of section 6103(i)
of the Internal Revenue Code of 1986 (relating to disclosure
of return information to apprise appropriate officials of
criminal activities or emergency circumstances) is amended by
adding at the end the following new subparagraph:
``(C) Terrorist activities, etc.--
``(i) In general.--Except as provided in paragraph (6), the
Secretary may disclose in writing return information (other
than taxpayer return information) that may be related to a
terrorist incident, threat, or activity to the extent
necessary to apprise the head of the appropriate Federal law
enforcement agency responsible for investigating or
responding to such terrorist incident, threat, or activity.
The head of the agency may disclose such return information
to officers and employees of such agency to the extent
necessary to investigate or respond to such terrorist
incident, threat, or activity.
``(ii) Disclosure to the department of justice.--Returns
and taxpayer return information may also be disclosed to the
Attorney General under clause (i) to the extent necessary
for, and solely for use in preparing, an application under
paragraph (7)(D).
``(iii) Taxpayer identity.--For purposes of this
subparagraph, a taxpayer's identity shall not be treated as
taxpayer return information.
``(iv) Termination.--No disclosure may be made under this
subparagraph after December 31, 2003.''.
(b) Disclosure Upon Request of Information Relating to
Terrorist Activities, Etc.--Subsection (i) of section 6103 of
such Code (relating to disclosure to Federal officers or
employees for administration of Federal laws not relating to
tax administration) is amended by redesignating paragraph (7)
as paragraph (8) and by inserting after paragraph (6) the
following new paragraph:
``(7) Disclosure upon request of information relating to
terrorist activities, etc.--
``(A) Disclosure to law enforcement agencies.--
``(i) In general.--Except as provided in paragraph (6),
upon receipt by the Secretary of a written request which
meets the requirements of clause (iii), the Secretary may
disclose return information (other than taxpayer return
information) to officers and employees of any Federal law
enforcement agency who are personally and directly engaged in
the response to or investigation of terrorist incidents,
threats, or activities.
``(ii) Disclosure to state and local law enforcement
agencies.--The head of any Federal law enforcement agency may
disclose return information obtained under clause (i) to
officers and employees of any State or local law enforcement
agency but only if such agency is part of a team with the
Federal law enforcement agency in such response or
investigation and such information is disclosed only to
officers and employees who are personally and directly
engaged in such response or investigation.
``(iii) Requirements.--A request meets the requirements of
this clause if--
``(I) the request is made by the head of any Federal law
enforcement agency (or his delegate) involved in the response
to or investigation of terrorist incidents, threats, or
activities, and
``(II) the request sets forth the specific reason or
reasons why such disclosure may be relevant to a terrorist
incident, threat, or activity.
``(iv) Limitation on use of information.--Information
disclosed under this subparagraph shall be solely for the use
of the officers and employees to whom such information is
disclosed in such response or investigation.
``(B) Disclosure to intelligence agencies.--
``(i) In general.--Except as provided in paragraph (6),
upon receipt by the Secretary of a written request which
meets the requirements of clause (ii), the Secretary may
disclose return information (other than taxpayer return
information) to those officers and employees of the
Department of Justice, the Department of the Treasury, and
other Federal intelligence agencies who are personally and
directly engaged in the collection or analysis of
intelligence and counterintelligence information or
investigation concerning terrorists and terrorist
organizations and activities. For purposes of the preceding
sentence, the information disclosed under the preceding
sentence shall be solely for the use of such officers and
employees in such investigation, collection, or analysis.
``(ii) Requirements.--A request meets the requirements of
this subparagraph if the request--
``(I) is made by an individual described in clause (iii),
and
``(II) sets forth the specific reason or reasons why such
disclosure may be relevant to a terrorist incident, threat,
or activity.
``(iii) Requesting individuals.--An individual described in
this subparagraph is an individual--
``(I) who is an officer or employee of the Department of
Justice or the Department of the Treasury who is appointed by
the President with the advice and consent of the Senate or
who is the Director of the United States Secret Service, and
``(II) who is responsible for the collection and analysis
of intelligence and counterintelligence information
concerning terrorists and terrorist organizations and
activities.
``(iv) Taxpayer identity.--For purposes of this
subparagraph, a taxpayer's identity shall not be treated as
taxpayer return information.
``(C) Disclosure under ex parte orders.--
``(i) In general.--Except as provided in paragraph (6), any
return or return information with respect to any specified
taxable period or periods shall, pursuant to and upon the
grant of an ex parte order by a Federal district court judge
or magistrate under clause (ii), be open (but only to the
extent necessary as provided in such order) to inspection by,
or disclosure to, officers and employees of any Federal law
enforcement agency or Federal intelligence agency who are
personally and directly engaged in any investigation,
response to, or analysis of intelligence and
counterintelligence information concerning any terrorist
activity or threats. Return or return information opened
pursuant to the preceding sentence shall be solely for the
use of such officers and employees in the investigation,
response, or analysis, and in any judicial, administrative,
or grand jury proceedings, pertaining to any such terrorist
activity or threat.
``(ii) Application for order.--The Attorney General, the
Deputy Attorney General, the Associate Attorney General, any
Assistant Attorney General, or any United States attorney may
authorize an application to a Federal district court judge or
magistrate for the order referred to in clause (i). Upon such
application, such judge or magistrate may grant such order if
he determines on the basis of the facts submitted by the
applicant that--
``(I) there is reasonable cause to believe, based upon
information believed to be reliable, that the taxpayer whose
return or return information is to be disclosed may be
connected to a terrorist activity or threat,
``(II) there is reasonable cause to believe that the return
or return information may be relevant to a matter relating to
such terrorist activity or threat, and
``(III) the return or return information is sought
exclusively for use in a Federal investigation, analysis, or
proceeding concerning terrorist activity, terrorist threats,
or terrorist organizations.
``(D) Special rule for ex parte disclosure by the irs.--
``(i) In general.--Except as provided in paragraph (6), the
Secretary may authorize an application to a Federal district
court judge or magistrate for the order referred to in
subparagraph (C)(i). Upon such application, such judge or
magistrate may grant such order if he determines on the basis
of the facts submitted by the applicant that the requirements
of subclauses (I) and (II) of subparagraph (C)(ii) are met.
``(ii) Limitation on use of information.--Information
disclosed under clause (i)--
``(I) may be disclosed only to the extent necessary to
apprise the head of the appropriate Federal law enforcement
agency responsible for investigating or responding to a
terrorist incident, threat, or activity, and
[[Page H6738]]
``(II) shall be solely for use in a Federal investigation,
analysis, or proceeding concerning terrorist activity,
terrorist threats, or terrorist organizations.
The head of such Federal agency may disclose such information
to officers and employees of such agency to the extent
necessary to investigate or respond to such terrorist
incident, threat, or activity.
``(E) Termination.--No disclosure may be made under this
paragraph after December 31, 2003.''.
(c) Conforming Amendments.--
(1) Section 6103(a)(2) of such Code is amended by inserting
``any local law enforcement agency receiving information
under subsection (i)(7)(A),'' after ``State,''.
(2) The heading of section 6103(i)(3) of such Code is
amended by inserting ``or terrorist'' after ``criminal''.
(3) Paragraph (4) of section 6103(i) of such Code is
amended--
(A) in subparagraph (A) by inserting ``or (7)(C)'' after
``paragraph (1)'', and
(B) in subparagraph (B) by striking ``or (3)(A)'' and
inserting ``(3)(A) or (C), or (7)''.
(4) Paragraph (6) of section 6103(i) of such Code is
amended--
(A) by striking ``(3)(A)'' and inserting ``(3)(A) or (C),
and
(B) by striking ``or (7)'' and inserting ``(7), or (8)''.
(5) Section 6103(p)(3) of such Code is amended--
(A) in subparagraph (A) by striking ``(7)(A)(ii)'' and
inserting ``(8)(A)(ii)'', and
(B) in subparagraph (C) by striking ``(i)(3)(B)(i)'' and
inserting ``(i)(3)(B)(i) or (7)(A)(ii)''.
(6) Section 6103(p)(4) of such Code is amended--
(A) in the matter preceding subparagraph (A)--
(i) by striking ``or (5),'' the first place it appears and
inserting ``(5), or (7),'', and
(ii) by striking ``(i)(3)(B)(i),'' and inserting
``(i)(3)(B)(i) or (7)(A)(ii),'', and
(B) in subparagraph (F)(ii) by striking ``or (5),'' the
first place it appears and inserting ``(5) or (7),''.
(7) Section 6103(p)(6)(B)(i) of such Code is amended by
striking ``(i)(7)(A)(ii)'' and inserting ``(i)(8)(A)(ii)''.
(8) Section 7213(a)(2) of such Code is amended by striking
``(i)(3)(B)(i),'' and inserting ``(i)(3)(B)(i) or
(7)(A)(ii),''.
(e) Effective Date.--The amendments made by this section
shall apply to disclosures made on or after the date of the
enactment of this Act.
SEC. 406. 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 V--EMERGENCY AUTHORIZATIONS
SEC. 501. OFFICE OF JUSTICE PROGRAMS.
(a) In connection with the airplane hijackings and
terrorist acts (including, without limitation, any related
search, rescue, relief, assistance, or other similar
activities) that occurred on September 11, 2001, in the
United States, amounts transferred to the Crime Victims Fund
from the Executive Office of the President or funds
appropriated to the President shall not be subject to any
limitation on obligations from amounts deposited or available
in the Fund.
(b) 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''.
(c) Section 1404B(b) of the Victim Compensation and
Assistance Act is amended after ``programs'' by inserting ``,
to victim service organizations, to public agencies
(including Federal, State, or local governments), and to non-
governmental organizations that provide assistance to victims
of crime,''.
(d) Section 1 of Public Law 107-37 is amended--
(1) by inserting ``(containing identification of all
eligible payees of benefits under section 1201)'' before ``by
a'';
(2) by inserting ``producing permanent and total
disability'' after ''suffered a catastrophic injury''; and
(3) by striking ``1201(a)'' and inserting ``1201''.
SEC. 502. ATTORNEY GENERAL'S AUTHORITY TO PAY REWARDS.
(a) In General.--Title 18, United States Code, is amended
by striking sections 3059 through 3059B and inserting the
following:
``Sec. 3059. Rewards and appropriation therefor
``(a) In General.--Subject to subsection (b), the Attorney
General may pay rewards in accordance with procedures and
regulations established or issued by the Attorney General.
``(b) Limitations.-- The following limitations apply with
respect to awards under subsection (a):
``(1) No such reward, other than in connection with a
terrorism offense or as otherwise specifically provided by
law, shall exceed $2,000,000.
``(2) 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.
``(3) 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 the House
of Representatives not later than 30 days after the approval
of a reward under paragraph (2);
``(4) Any executive agency or military department (as
defined, respectively, in sections 105 and 102 of title 5)
may provide the Attorney General with funds for the payment
of rewards.
``(5) Neither the failure to make or authorize such a
reward nor the amount of any such reward made or authorized
shall be subject to judicial review.
``(c) Definition.--In this section, the term `reward' means
a payment pursuant to public advertisements for assistance to
the Department of Justice.''.
(b) Conforming Amendments.----
(1) Section 3075 of title 18, United States Code, and that
portion of section 3072 of title 18, United States Code, that
follows the first sentence, are repealed.
((2) Public Law 101-647 is amended--
(A) in section 2565--
(i) by striking all the matter after ``title,'' in
subsection (c)(1) and inserting ``the Attorney General may,
in the Attorney General's discretion, pay a reward to the
declaring.''; and
(ii) by striking subsection (e); and
(C) by striking section 2569.
SEC. 503. 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. 504. DEPARTMENT OF STATE REWARD AUTHORITY.
(a) Changes in Reward Authority.--Section 36 of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2708) is
amended--
(1) in subsection (b)--
(A) by striking ``or'' at the end of paragraph (4);
(B) by striking the period at the end of paragraph (5) and
inserting ``, including by dismantling an organization in
whole or significant part; or''; and
(C) by adding at the end the following new paragraph:
``(6) the identification or location of an individual who
holds a 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) by amending subsection (e)(1) to read as follows:
``(1) Amount of award.--
``(A) Except as provided in subparagraph (B), no reward
paid under this section may exceed $10,000,000.
``(B) The Secretary of State may authorize the payment of
an award not to exceed $25,000,000 if the Secretary
determines that payment of an award exceeding the amount
under subparagraph (A) is important to the national interest
of the United States.''.
(b) Sense of Congress Regarding Rewards Relating to the
September 11, 2001 Attack.--It is the sense of the Congress
that the Secretary of State should use the authority of
section 36 of the State Department Basic Authorities Act of
1956, as amended by subsection (a), to offer a reward of
$25,000,000 for Osama bin Laden and other leaders of the
September 11, 2001 attack on the United States.
TITLE VI--DAM SECURITY
SEC. 601. SECURITY OF RECLAMATION DAMS, FACILITIES, AND
RESOURCES.
Section 2805(a) of the Reclamation Recreation Management
Act of 1992 (16 U.S.C. 460l-33(a)) is amended by adding at
the end the following:
``(3) Any person who violates any such regulation which is
issued pursuant to this Act shall be fined under title 18,
United States Code, imprisoned not more than 6 months, or
both. Any person charged with a violation of such regulation
may be tried and sentenced by any United States magistrate
judge designated for that purpose by the court by which such
judge was appointed, in the same
[[Page H6739]]
manner and subject to the same conditions and limitations as
provided for in section 3401 of title 18, United States Code.
``(4) The Secretary may--
``(A) authorize law enforcement personnel from the
Department of the Interior to act as law enforcement officers
to maintain law and order and protect persons and property
within a Reclamation project or on Reclamation lands;
``(B) authorize law enforcement personnel of any other
Federal agency that has law enforcement authority, with the
exception of the Department of Defense, or law enforcement
personnel of any State or local government, including Indian
tribes, when deemed economical and in the public interest,
and with the concurrence of that agency or that State or
local government, to act as law enforcement officers within a
Reclamation project or on Reclamation lands with such
enforcement powers as may be so assigned them by the
Secretary to carry out the regulations promulgated under
paragraph (2);
``(C) cooperate with any State or local government,
including Indian tribes, in the enforcement of the laws or
ordinances of that State or local government; and
``(D) provide reimbursement to a State or local government,
including Indian tribes, for expenditures incurred in
connection with activities under subparagraph (B).
``(5) Officers or employees designated or authorized by the
Secretary under paragraph (4) are authorized to--
``(A) carry firearms within a Reclamation project or on
Reclamation lands and make arrests without warrants for any
offense against the United States committed in their
presence, or for any felony cognizable under the laws of the
United States if they have reasonable grounds to believe that
the person to be arrested has committed or is committing such
a felony, and if such arrests occur within a Reclamation
project or on Reclamation lands or the person to be arrested
is fleeing therefrom to avoid arrest;
``(B) execute within a Reclamation project or on
Reclamation lands any warrant or other process issued by a
court or officer of competent jurisdiction for the
enforcement of the provisions of any Federal law or
regulation issued pursuant to law for an offense committed
within a Reclamation project or on Reclamation lands; and
``(C) conduct investigations within a Reclamation project
or on Reclamation lands of offenses against the United States
committed within a Reclamation project or on Reclamation
lands, if the Federal law enforcement agency having
investigative jurisdiction over the offense committed
declines to investigate the offense or concurs with such
investigation.
``(6)(A) Except as otherwise provided in this paragraph, a
law enforcement officer of any State or local government,
including Indian tribes, designated to act as a law
enforcement officer under paragraph (4) shall not be deemed a
Federal employee and shall not be subject to the provisions
of law relating to Federal employment, including those
relating to hours of work, rates of compensation, employment
discrimination, leave, unemployment compensation, and Federal
benefits.
``(B) For purposes of chapter 171 of title 28, United
States Code, popularly known as the Federal Tort Claims Act,
a law enforcement officer of any State or local government,
including Indian tribes, shall, when acting as a designated
law enforcement officer under paragraph (4) and while under
Federal supervision and control, and only when carrying out
Federal law enforcement responsibilities, be considered a
Federal employee.
``(C) For purposes of subchapter I of chapter 81 of title
5, United States Code, relating to compensation to Federal
employees for work injuries, a law enforcement officer of any
State or local government, including Indian tribes, shall,
when acting as a designated law enforcement officer under
paragraph (4) and while under Federal supervision and
control, and only when carrying out Federal law enforcement
responsibilities, be deemed a civil service employee of the
United States within the meaning of the term `employee' as
defined in section 8101 of title 5, and the provisions of
that subchapter shall apply. Benefits under this subchapter
shall be reduced by the amount of any entitlement to State or
local workers' compensation benefits arising out of the same
injury or death.
``(7) Nothing in paragraphs (3) through (9) shall be
construed or applied to limit or restrict the investigative
jurisdiction of any Federal law enforcement agency, or to
affect any existing right of a State or local government,
including Indian tribes, to exercise civil and criminal
jurisdiction within a Reclamation project or on Reclamation
lands.
``(8) For the purposes of this subsection, the term `law
enforcement personnel' means employees of a Federal, State,
or local government agency, including an Indian tribal
agency, who have successfully completed law enforcement
training approved by the Secretary and are authorized to
carry firearms, make arrests, and execute service of process
to enforce criminal laws of their employing jurisdiction.
``(9) The law enforcement authorities provided for in this
subsection may be exercised only pursuant to rules and
regulations promulgated by the Secretary and approved by the
Attorney General.''.
TITLE VII--MISCELLANEOUS
SEC. 701. EMPLOYMENT OF TRANSLATORS BY THE FEDERAL BUREAU OF
INVESTIGATION.
(a) Authority.--The Director of the Federal Bureau of
Investigation is authorized to expedite the employment of
personnel as translators to support counterterrorism
investigations and operations without regard to applicable
Federal personnel requirements and limitations.
(b) Security Requirements.--The Director of the Federal
Bureau of Investigation shall establish such security
requirements as are necessary for the personnel employed as
translators.
(c) Report.--The Attorney General shall report to the
Committees on the Judiciary of the House of Representatives
and the Senate on--
(1) the number of translators employed by the FBI and other
components of the Department of Justice;
(2) any legal or practical impediments to using translators
employed by other Federal State, or local agencies, on a
full, part-time, or shared basis; and
(3) the needs of the FBI for specific translation services
in certain languages, and recommendations for meeting those
needs.
SEC. 702. REVIEW OF THE DEPARTMENT OF JUSTICE.
(a) Appointment of Deputy Inspector General for Civil
Rights, Civil Liberties, and the Federal Bureau of
Investigation.--The Inspector General of the Department of
Justice shall appoint a Deputy Inspector General for Civil
Rights, Civil Liberties, and the Federal Bureau of
Investigation (hereinafter in this section referred to as the
``Deputy'').
(b) Civil Rights and Civil Liberties Review.--The Deputy
shall--
(1) review information alleging abuses of civil rights,
civil liberties, and racial and ethnic profiling by
government employees and officials including employees and
officials of the Department of Justice;
(2) make public through the Internet, radio, television,
and newspaper advertisements information on the
responsibilities and functions of, and how to contact, the
Deputy; and
(3) submit to the Committee on the Judiciary of the House
of Representatives and the Committee on the Judiciary of the
Senate on a semi-annual basis a report on the implementation
of this subsection and detailing any abuses described in
paragraph (1), including a description of the use of funds
appropriations used to carry out this subsection.
(c) Inspector General Oversight Plan for the Federal Bureau
of Investigation.--Not later than 30 days after the date of
the enactment of this Act, the Inspector General of the
Department of Justice shall submit to the Congress a plan for
oversight of the Federal Bureau of Investigation. The
Inspector General shall consider the following activities for
inclusion in such plan:
(1) Financial systems.--Auditing the financial systems,
information technology systems, and computer security systems
of the Federal Bureau of Investigation.
(2) Programs and processes.--Auditing and evaluating
programs and processes of the Federal Bureau of Investigation
to identify systemic weaknesses or implementation failures
and to recommend corrective action.
(3) Internal affairs offices.--Reviewing the activities of
internal affairs offices of the Federal Bureau of
Investigation, including the Inspections Division and the
Office of Professional Responsibility.
(4) Personnel.--Investigating allegations of serious
misconduct by personnel of the Federal Bureau of
Investigation.
(5) Other programs and operations.--Reviewing matters
relating to any other program or and operation of the Federal
Bureau of Investigation that the Inspector General determines
requires review.
(6) Resources.--Identifying resources needed by the
Inspector General to implement such plan.
(d) Review of Investigative Tools.--Not later than August
31, 2003, the Deputy shall review the implementation, use,
and operation (including the impact on civil rights and
liberties) of the law enforcement and intelligence
authorities contained in title I of this Act and provide a
report to the President and Congress.
The SPEAKER pro tempore. In lieu of the amendment printed in the
bill, an amendment in the nature of a substitute consisting of the text
of H.R. 3108 is adopted.
The text of H.R. 2975, as amended pursuant to House Resolution 264,
is as follows:
H.R. 3108
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Uniting
and Strengthening America Act'' or the ``USA Act of 2001''.
(b) Table of Contents.-- The table of contents for this Act
is as follows:
Sec. 1. Short title and table of contents.
Sec. 2. Construction; severability.
TITLE I--ENHANCING DOMESTIC SECURITY AGAINST TERRORISM
Sec. 101. Counterterrorism fund.
Sec. 102. Sense of Congress condemning discrimination against Arab and
Muslim Americans.
Sec. 103. Increased funding for the technical support center at the
Federal Bureau of Investigation.
[[Page H6740]]
Sec. 104. Requests for military assistance to enforce prohibition in
certain emergencies.
Sec. 105. Expansion of National Electronic Crime Task Force Initiative.
Sec. 106. Presidential authority.
TITLE II--ENHANCED SURVEILLANCE PROCEDURES
Sec. 201. Authority to intercept wire, oral, and electronic
communications relating to terrorism.
Sec. 202. Authority to intercept wire, oral, and electronic
communications relating to computer fraud and abuse
offenses.
Sec. 203. Authority to share criminal investigative information.
Sec. 204. Clarification of intelligence exceptions from limitations on
interception and disclosure of wire, oral, and electronic
communications.
Sec. 205. Employment of translators by the Federal Bureau of
Investigation.
Sec. 206. Roving surveillance authority under the Foreign Intelligence
Surveillance Act of 1978.
Sec. 207. Duration of FISA surveillance of non-United States persons
who are agents of a foreign power.
Sec. 208. Designation of judges.
Sec. 209. Seizure of voice-mail messages pursuant to warrants.
Sec. 210. Scope of subpoenas for records of electronic communications.
Sec. 211. Clarification of scope.
Sec. 212. Emergency disclosure of electronic communications to protect
life and limb.
Sec. 213. Authority for delaying notice of the execution of a warrant.
Sec. 214. Pen register and trap and trace authority under FISA.
Sec. 215. Access to records and other items under the Foreign
Intelligence Surveillance Act.
Sec. 216. Modification of authorities relating to use of pen registers
and trap and trace devices.
Sec. 217. Interception of computer trespasser communications.
Sec. 218. Foreign intelligence information.
Sec. 219. Single-jurisdiction search warrants for terrorism.
Sec. 220. Nationwide service of search warrants for electronic
evidence.
Sec. 221. Trade sanctions.
Sec. 222. Assistance to law enforcement agencies.
Sec. 223. Civil liability for certain unauthorized disclosures.
Sec. 224. Sunset.
TITLE III--FINANCIAL INFRASTRUCTURE
Sec. 301. Laundering the proceeds of terrorism.
Sec. 302. Material support for terrorism.
Sec. 303. Assets of terrorist organizations.
Sec. 304. Technical clarification relating to provision of material
support to terrorism.
Sec. 305. Extraterritorial jurisdiction.
TITLE IV--PROTECTING THE BORDER
Subtitle A--Protecting the Northern Border
Sec. 401. Ensuring adequate personnel on the northern border.
Sec. 402. Northern border personnel.
Sec. 403. Access by the Department of State and the INS to certain
identifying information in the criminal history records
of visa applicants and applicants for admission to the
United States.
Sec. 404. Limited authority to pay overtime.
Sec. 405. Report on the integrated automated fingerprint identification
system for points of entry and overseas consular posts.
Subtitle B--Enhanced Immigration Provisions
Sec. 411. Definitions relating to terrorism.
Sec. 412. Mandatory detention of suspected terrorists; habeas corpus;
judicial review.
Sec. 413. Multilateral cooperation against terrorists.
Subtitle C--Preservation of Immigration Benefits for Victims of
Terrorism
Sec. 421. Special immigrant status.
Sec. 422. Extension of filing or reentry deadlines.
Sec. 423. Humanitarian relief for certain surviving spouses and
children.
Sec. 424. ``Age-out'' protection for children.
Sec. 425. Temporary administrative relief.
Sec. 426. Evidence of death, disability, or loss of employment.
Sec. 427. No benefits to terrorists or family members of terrorists.
Sec. 428. Definitions.
TITLE V--REMOVING OBSTACLES TO INVESTIGATING TERRORISM
Sec. 501. Attorney General's authority to pay rewards to combat
terrorism.
Sec. 502. Secretary of State's authority to pay rewards.
Sec. 503. DNA identification of terrorists and other violent offenders.
Sec. 504. Coordination with law enforcement.
Sec. 505. Miscellaneous national security authorities.
Sec. 506. Extension of Secret Service jurisdiction.
Sec. 507. Disclosure of educational records.
Sec. 508. Disclosure of information from NCES surveys.
TITLE VI--PROVIDING FOR VICTIMS OF TERRORISM, PUBLIC SAFETY OFFICERS,
AND THEIR FAMILIES
Subtitle A--Aid to Families of Public Safety Officers
Sec. 611. Expedited payment for public safety officers involved in the
prevention, investigation, rescue, or recovery efforts
related to a terrorist attack.
Sec. 612. Technical correction with respect to expedited payments for
heroic public safety officers.
Sec. 613. Public safety officers benefit program payment increase.
Sec. 614. Office of Justice programs.
Subtitle B--Amendments to the Victims of Crime Act of 1984
Sec. 621. Crime victims fund.
Sec. 622. Crime victim compensation.
Sec. 623. Crime victim assistance.
Sec. 624. Victims of terrorism.
TITLE VII--INCREASED INFORMATION SHARING FOR CRITICAL INFRASTRUCTURE
PROTECTION
Sec. 711. Expansion of regional information sharing system to
facilitate Federal-State-local law enforcement response
related to terrorist attacks.
TITLE VIII--STRENGTHENING THE CRIMINAL LAWS AGAINST TERRORISM
Sec. 801. Terrorist attacks and other acts of violence against mass
transportation systems.
Sec. 804. Jurisdiction over crimes committed at U.S. facilities abroad.
Sec. 805. Material support for terrorism.
Sec. 806. Assets of terrorist organizations.
Sec. 807. Technical clarification relating to provision of material
support to terrorism.
Sec. 808. Definition of Federal crime of terrorism.
Sec. 809. No statute of limitation for certain terrorism offenses.
Sec. 810. Alternate maximum penalties for terrorism offenses.
Sec. 811. Penalties for terrorist conspiracies.
Sec. 812. Post-release supervision of terrorists.
Sec. 813. Inclusion of acts of terrorism as racketeering activity.
Sec. 814. Deterrence and prevention of cyberterrorism.
Sec. 815. Additional defense to civil actions relating to preserving
records in response to Government requests.
Sec. 816. Development and support of cybersecurity forensic
capabilities.
TITLE IX--IMPROVED INTELLIGENCE
Sec. 901. Responsibilities of Director of Central Intelligence
regarding foreign intelligence collected under Foreign
Intelligence Surveillance Act of 1978.
Sec. 902. Inclusion of international terrorist activities within scope
of foreign intelligence under National Security Act of
1947.
Sec. 903. Sense of Congress on the establishment and maintenance of
intelligence relationships to acquire information on
terrorists and terrorist organizations.
Sec. 904. Temporary authority to defer submittal to Congress of reports
on intelligence and intelligence-related matters.
Sec. 905. Disclosure to Director of Central Intelligence of foreign
intelligence-related information with respect to criminal
investigations.
Sec. 906. Foreign terrorist asset tracking center.
Sec. 907. National Virtual Translation Center.
Sec. 908. Training of government officials regarding identification and
use of foreign intelligence.
TITLE X--MISCELLANEOUS
Sec. 1001. Payments.
Sec. 1002. Review of the department of justice.
SEC. 2. CONSTRUCTION; SEVERABILITY.
Any provision of this Act held to be invalid or
unenforceable by its terms, or as applied to any person or
circumstance, shall be construed so as to give it the maximum
effect permitted by law, unless such holding shall be one of
utter invalidity or unenforceability, in which event such
provision shall be deemed severable from this Act and shall
not affect the remainder thereof or the application of such
provision to other persons not similarly situated or to
other, dissimilar circumstances.
TITLE I--ENHANCING DOMESTIC SECURITY AGAINST TERRORISM
SEC. 101. COUNTERTERRORISM FUND.
(a) Establishment; Availability.--There is hereby
established in the Treasury of the United States a separate
fund to be known as the ``Counterterrorism Fund'', amounts in
which shall remain available without fiscal year limitation--
(1) to reimburse any Department of Justice component for
any costs incurred in connection with--
(A) reestablishing the operational capability of an office
or facility that has been damaged or destroyed as the result
of any domestic or international terrorism incident;
(B) providing support to counter, investigate, or prosecute
domestic or international terrorism, including, without
limitation, paying rewards in connection with these
activities; and
[[Page H6741]]
(C) conducting terrorism threat assessments of Federal
agencies and their facilities; and
(2) to reimburse any department or agency of the Federal
Government for any costs incurred in connection with
detaining in foreign countries individuals accused of acts of
terrorism that violate the laws of the United States.
(b) No Effect on Prior Appropriations.--Subsection (a)
shall not be construed to affect the amount or availability
of any appropriation to the Counterterrorism Fund made before
the date of enactment of this Act.
SEC. 102. SENSE OF CONGRESS CONDEMNING DISCRIMINATION AGAINST
ARAB AND MUSLIM AMERICANS.
(a) Findings.--Congress makes the following findings:
(1) Arab Americans, Muslim Americans, and Americans from
South Asia play a vital role in our Nation and are entitled
to nothing less than the full rights of every American.
(2) The acts of violence that have been taken against Arab
and Muslim Americans since the September 11, 2001, attacks
against the United States should be and are condemned by all
Americans who value freedom.
(3) The concept of individual responsibility for wrongdoing
is sacrosanct in American society, and applies equally to all
religious, racial, and ethnic groups.
(4) When American citizens commit acts of violence against
those who are, or are perceived to be, of Arab or Muslim
descent, they should be punished to the full extent of the
law.
(5) Muslim Americans have become so fearful of harassment
that many Muslim women are changing the way they dress to
avoid becoming targets.
(6) Many Arab Americans and Muslim Americans have acted
heroically during the attacks on the United States, including
Mohammed Salman Hamdani, a 23-year-old New Yorker of
Pakistani descent, who is believed to have gone to the World
Trade Center to offer rescue assistance and is now missing.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the civil rights and civil liberties of all Americans,
including Arab Americans, Muslim Americans, and Americans
from South Asia, must be protected, and that every effort
must be taken to preserve their safety;
(2) any acts of violence or discrimination against any
Americans be condemned; and
(3) the Nation is called upon to recognize the patriotism
of fellow citizens from all ethnic, racial, and religious
backgrounds.
SEC. 103. INCREASED FUNDING FOR THE TECHNICAL SUPPORT CENTER
AT THE FEDERAL BUREAU OF INVESTIGATION.
There are authorized to be appropriated for the Technical
Support Center established in section 811 of the
Antiterrorism and Effective Death Penalty Act of 1996 (Public
Law 104-132) to help meet the demands for activities to
combat terrorism and support and enhance the technical
support and tactical operations of the FBI, $200,000,000 for
each of the fiscal years 2002, 2003, and 2004.
SEC. 104. REQUESTS FOR MILITARY ASSISTANCE TO ENFORCE
PROHIBITION IN CERTAIN EMERGENCIES.
Section 2332e of title 18, United States Code, is amended--
(1) by striking ``2332c'' and inserting ``2332a''; and
(2) by striking ``chemical''.
SEC. 105. EXPANSION OF NATIONAL ELECTRONIC CRIME TASK FORCE
INITIATIVE.
The Director of the United States Secret Service shall take
appropriate actions to develop a national network of
electronic crime task forces, based on the New York
Electronic Crimes Task Force model, throughout the United
States, for the purpose of preventing, detecting, and
investigating various forms of electronic crimes, including
potential terrorist attacks against critical infrastructure
and financial payment systems.
SEC. 106. PRESIDENTIAL AUTHORITY.
Section 203 of the International Emergency Powers Act (50
U.S.C. 1702) is amended--
(1) in subsection (a)(1)--
(A) at the end of subparagraph (A) (flush to that
subparagraph), by striking ``; and'' and inserting a comma
and the following:
``by any person, or with respect to any property, subject to
the jurisdiction of the United States;'';
(B) in subparagraph (B)--
(i) by inserting ``, block during the pendency of an
investigation'' after ``investigate''; and
(ii) by striking ``interest;'' and inserting ``interest by
any person, or with respect to any property, subject to the
jurisdiction of the United States; and'';
(C) by striking ``by any person, or with respect to any
property, subject to the jurisdiction of the United States`;
and
(D) by inserting at the end the following:
``(C) when the United States is engaged in armed
hostilities or has been attacked by a foreign country or
foreign nationals, confiscate any property, subject to the
jurisdiction of the United States, of any foreign person,
foreign organization, or foreign country that he determines
has planned, authorized, aided, or engaged in such
hostilities or attacks against the United States; and all
right, title, and interest in any property so confiscated
shall vest, when, as, and upon the terms directed by the
President, in such agency or person as the President may
designate from time to time, and upon such terms and
conditions as the President may prescribe, such interest or
property shall be held, used, administered, liquidated, sold,
or otherwise dealt with in the interest of and for the
benefit of the United States, and such designated agency or
person may perform any and all acts incident to the
accomplishment or furtherance of these purposes.''; and
(2) by inserting at the end the following:
``(c) Classified Information.--In any judicial review of a
determination made under this section, if the determination
was based on classified information (as defined in section
1(a) of the Classified Information Procedures Act) such
information may be submitted to the reviewing court ex parte
and in camera. This subsection does not confer or imply any
right to judicial review.''.
TITLE II--ENHANCED SURVEILLANCE PROCEDURES
SEC. 201. AUTHORITY TO INTERCEPT WIRE, ORAL, AND ELECTRONIC
COMMUNICATIONS RELATING TO TERRORISM.
Section 2516(1) of title 18, United States Code, is
amended--
(1) by redesignating paragraph (p), as so redesignated by
section 434(2) of the Antiterrorism and Effective Death
Penalty Act of 1996 (Public Law 104-132; 110 Stat. 1274), as
paragraph (r); and
(2) by inserting after paragraph (p), as so redesignated by
section 201(3) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (division C of Public
Law 104-208; 110 Stat. 3009-565), the following new
paragraph:
``(q) any criminal violation of section 229 (relating to
chemical weapons); or sections 2332, 2332a, 2332b, 2332d,
2339A, or 2339B of this title (relating to terrorism); or''.
SEC. 202. AUTHORITY TO INTERCEPT WIRE, ORAL, AND ELECTRONIC
COMMUNICATIONS RELATING TO COMPUTER FRAUD AND
ABUSE OFFENSES.
Section 2516(1)(c) of title 18, United States Code, is
amended by striking ``and section 1341 (relating to mail
fraud),'' and inserting ``section 1341 (relating to mail
fraud), a felony violation of section 1030 (relating to
computer fraud and abuse),''.
SEC. 203. AUTHORITY TO SHARE CRIMINAL INVESTIGATIVE
INFORMATION.
(a) Authority to Share Grand Jury Information.--
(1) In general.--Rule 6(e)(3)(C) of the Federal Rules of
Criminal Procedure is amended--
(A) in clause (iii), by striking ``or'' at the end;
(B) in clause (iv), by striking the period at the end and
inserting ``; or''; and
(C) by inserting at the end the following:
``(v) when the matters involve foreign intelligence or
counterintelligence (as defined in section 3 of the National
Security Act of 1947 (50 U.S.C. 401a)), or foreign
intelligence information (as defined in Rule 6(e)(3)(C)(ii)),
to any other Federal law enforcement, intelligence,
protective, immigration, national defense, or national
security official in order to assist the official receiving
that information in the performance of his official duties.
Within a reasonable time after such disclosure, an attorney
for the government shall file under seal a notice with the
court stating the fact that such information was disclosed
and the departments, agencies, or entities to which the
disclosure was made.
Any Federal official who receives information pursuant to
clause (v) may use that information only as necessary in the
conduct of that person's official duties subject to any
limitations on the unauthorized disclosure of such
information.''.
(2) Definition.--Rule 6(e)(3)(C) of the Federal Rules of
Criminal Procedure, as amended by paragraph (1), is amended
by--
(A) inserting ``(i)'' after ``(C)'';
(B) redesignating clauses (i) through (v) as subclauses (I)
through (V), respectively; and
(C) inserting at the end the following:
``(ii) In this subparagraph, the term `foreign intelligence
information' means--
``(I) information, whether or not concerning a United
States person, that relates to the ability of the United
States to protect against--
``(aa) actual or potential attack or other grave hostile
acts of a foreign power or an agent of a foreign power;
``(bb) sabotage or international terrorism by a foreign
power or an agent of a foreign power; or
``(cc) clandestine intelligence activities by an
intelligence service or network of a foreign power or by an
agent of a foreign power; or
``(II) information, whether or not concerning a United
States person, with respect to a foreign power or foreign
territory that relates to--
``(aa) the national defense or the security of the United
States; or
``(bb) the conduct of the foreign affairs of the United
States.''.
(b) Authority To Share Electronic, Wire, and Oral
Interception Information.--
(1) Law enforcement.--Section 2517 of title 18, United
States Code, is amended by inserting at the end the
following:
``(6) Any investigative or law enforcement officer, or
attorney for the Government, who by any means authorized by
this chapter, has obtained knowledge of the contents of any
wire, oral, or electronic communication, or evidence derived
therefrom, may disclose
[[Page H6742]]
such contents to any other Federal law enforcement,
intelligence, protective, immigration, national defense, or
national security official to the extent that such contents
include foreign intelligence or counterintelligence (as
defined in section 3 of the National Security Act of 1947 (50
U.S.C. 401a)), or foreign intelligence information (as
defined in subsection (19) of section 2510 of this title), to
assist the official who is to receive that information in the
performance of his official duties. Any Federal official who
receives information pursuant to this provision may use that
information only as necessary in the conduct of that person's
official duties subject to any limitations on the
unauthorized disclosure of such information.''.
(2) Definition.--Section 2510 of title 18, United States
Code, is amended by--
(A) in paragraph (17), by striking ``and'' after the
semicolon;
(B) in paragraph (18), by striking the period and inserting
``; and''; and
(C) by inserting at the end the following:
``(19) `foreign intelligence information' means--
``(A) information, whether or not concerning a United
States person, that relates to the ability of the United
States to protect against--
``(i) actual or potential attack or other grave hostile
acts of a foreign power or an agent of a foreign power;
``(ii) sabotage or international terrorism by a foreign
power or an agent of a foreign power; or
``(iii) clandestine intelligence activities by an
intelligence service or network of a foreign power or by an
agent of a foreign power; or
``(B) information, whether or not concerning a United
States person, with respect to a foreign power or foreign
territory that relates to--
``(i) the national defense or the security of the United
States; or
``(ii) the conduct of the foreign affairs of the United
States.''.
(c) Procedures.--The Attorney General shall establish
procedures for the disclosure of information pursuant to
section 2517(6) and Rule 6(e)(3)(C)(i)(V) of the Federal
Rules of Criminal Procedure that identifies a United States
person, as defined in section 101 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801)).
(d) Foreign Intelligence Information.--
(1) In general.--Notwithstanding any other provision of
law, it shall be lawful for foreign intelligence or
counterintelligence (as defined in section 3 of the National
Security Act of 1947 (50 U.S.C. 401a)) or foreign
intelligence information obtained as part of a criminal
investigation to be disclosed to any Federal law enforcement,
intelligence, protective, immigration, national defense, or
national security official in order to assist the official
receiving that information in the performance of his official
duties. Any Federal official who receives information
pursuant to this provision may use that information only as
necessary in the conduct of that person's official duties
subject to any limitations on the unauthorized disclosure of
such information.
(2) Definition.--In this subsection, the term ``foreign
intelligence information'' means--
(A) information, whether or not concerning a United States
person, that relates to the ability of the United States to
protect against--
(i) actual or potential attack or other grave hostile acts
of a foreign power or an agent of a foreign power;
(ii) sabotage or international terrorism by a foreign power
or an agent of a foreign power; or
(iii) clandestine intelligence activities by an
intelligence service or network of a foreign power or by an
agent of a foreign power; or
(B) information, whether or not concerning a United States
person, with respect to a foreign power or foreign territory
that relates to--
(i) the national defense or the security of the United
States; or
(ii) the conduct of the foreign affairs of the United
States.
SEC. 204. CLARIFICATION OF INTELLIGENCE EXCEPTIONS FROM
LIMITATIONS ON INTERCEPTION AND DISCLOSURE OF
WIRE, ORAL, AND ELECTRONIC COMMUNICATIONS.
Section 2511(2)(f) of title 18, United States Code, is
amended--
(1) by striking ``this chapter or chapter 121'' and
inserting ``this chapter or chapter 121 or 206 of this
title''; and
(2) by striking ``wire and oral'' and inserting ``wire,
oral, and electronic''.
SEC. 205. EMPLOYMENT OF TRANSLATORS BY THE FEDERAL BUREAU OF
INVESTIGATION.
(a) Authority.--The Director of the Federal Bureau of
Investigation is authorized to expedite the employment of
personnel as translators to support counterterrorism
investigations and operations without regard to applicable
Federal personnel requirements and limitations.
(b) Security Requirements.--The Director of the Federal
Bureau of Investigation shall establish such security
requirements as are necessary for the personnel employed as
translators under subsection (a).
(c) Report.--The Attorney General shall report to the
Committees on the Judiciary of the House of Representatives
and the Senate on--
(1) the number of translators employed by the FBI and other
components of the Department of Justice;
(2) any legal or practical impediments to using translators
employed by other Federal, State, or local agencies, on a
full, part-time, or shared basis; and
(3) the needs of the FBI for specific translation services
in certain languages, and recommendations for meeting those
needs.
SEC. 206. ROVING SURVEILLANCE AUTHORITY UNDER THE FOREIGN
INTELLIGENCE SURVEILLANCE ACT OF 1978.
Section 105(c)(2)(B) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1805(c)(2)(B)) is amended
by inserting ``, or in circumstances where the Court finds
that the actions of the target of the application may have
the effect of thwarting the identification of a specified
person, such other persons,'' after ``specified person''.
SEC. 207. DURATION OF FISA SURVEILLANCE OF NON-UNITED STATES
PERSONS WHO ARE AGENTS OF A FOREIGN POWER.
(a) Duration .--
(1) Surveillance.--Section 105(e)(1) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1805(e)(1))
is amended by--
(A) inserting ``(A)'' after ``except that''; and
(B) inserting before the period the following: ``, and (B)
an order under this Act for a surveillance targeted against
an agent of a foreign power, as defined in section
101(b)(1)(A) may be for the period specified in the
application or for 120 days, whichever is less''.
(2) Physical Search.--Section 304(d)(1) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1824(d)(1))
is amended by--
(A) striking ``forty-five'' and inserting ``90'';
(B) inserting ``(A)'' after ``except that''; and
(C) inserting before the period the following: ``, and (B)
an order under this section for a physical search targeted
against an agent of a foreign power as defined in section
101(b)(1)(A) may be for the period specified in the
application or for 120 days, whichever is less''.
(b) Extension.--
(1) In general.--Section 105(d)(2) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1805(d)(2))
is amended by--
(A) inserting ``(A)'' after ``except that''; and
(B) inserting before the period the following: ``, and (B)
an extension of an order under this Act for a surveillance
targeted against an agent of a foreign power as defined in
section 101(b)(1)(A) may be for a period not to exceed 1
year''.
(2) Defined term.--Section 304(d)(2) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1824(d)(2)
is amended by inserting after ``not a United States person,''
the following: ``or against an agent of a foreign power as
defined in section 101(b)(1)(A),''.
SEC. 208. DESIGNATION OF JUDGES.
Section 103(a) of the Foreign Intelligence Surveillance Act
of 1978 (50 U.S.C. 1803(a)) is amended by--
(1) striking ``seven district court judges'' and inserting
``11 district court judges''; and
(2) inserting ``of whom no fewer than 3 shall reside within
20 miles of the District of Columbia'' after ``circuits''.
SEC. 209. SEIZURE OF VOICE-MAIL MESSAGES PURSUANT TO
WARRANTS.
Title 18, United States Code, is amended--
(1) in section 2510--
(A) in paragraph (1), by striking beginning with ``and
such'' and all that follows through ``communication''; and
(B) in paragraph (14), by inserting ``wire or'' after
``transmission of''; and
(2) in subsections (a) and (b) of section 2703--
(A) by striking ``Contents of electronic'' and inserting
``Contents of wire or electronic'' each place it appears;
(B) by striking ``contents of an electronic'' and inserting
``contents of a wire or electronic'' each place it appears;
and
(C) by striking ``any electronic'' and inserting ``any wire
or electronic'' each place it appears.
SEC. 210. SCOPE OF SUBPOENAS FOR RECORDS OF ELECTRONIC
COMMUNICATIONS.
Section 2703(c)(2) of title 18, United States Code, as
redesignated by section 212, is amended--
(1) by striking ``entity the name, address, local and long
distance telephone toll billing records, telephone number or
other subscriber number or identity, and length of service of
a subscriber'' and inserting the following: ``entity the--
``(A) name;
``(B) address;
``(C) local and long distance telephone connection records,
or records of session times and durations;
``(D) length of service (including start date) and types of
service utilized;
``(E) telephone or instrument number or other subscriber
number or identity, including any temporarily assigned
network address; and
``(F) means and source of payment (including any credit
card or bank account number),
of a subscriber''; and
(2) by striking ``and the types of services the subscriber
or customer utilized,''.
SEC. 211. CLARIFICATION OF SCOPE.
Section 631 of the Communications Act of 1934 (47 U.S.C.
551) is amended--
(1) in subsection (c)(2)--
(A) in subparagraph (B), by striking ``or'';
[[Page H6743]]
(B) in subparagraph (C), by striking the period at the end
and inserting ``; or''; and
(C) by inserting at the end the following:
``(D) to a government entity as authorized under chapters
119, 121, or 206 of title 18, United States Code, except that
such disclosure shall not include records revealing cable
subscriber selection of video programming from a cable
operator.''; and
(2) in subsection (h), by striking ``A governmental
entity'' and inserting ``Except as provided in subsection
(c)(2)(D), a governmental entity''.
SEC. 212. EMERGENCY DISCLOSURE OF ELECTRONIC COMMUNICATIONS
TO PROTECT LIFE AND LIMB.
(a) Disclosure of Contents.--
(1) In general.--Section 2702 of title 18, United States
Code, is amended--
(A) by striking the section heading and inserting the
following:
``Sec. 2702. Voluntary disclosure of customer communications
or records'';
(B) in subsection (a)--
(i) in paragraph (2)(A), by striking ``and'' at the end;
(ii) in paragraph (2)(B), by striking the period and
inserting ``; and''; and
(iii) by inserting after paragraph (2) the following:
``(3) a provider of remote computing service or electronic
communication service to the public shall not knowingly
divulge a record or other information pertaining to a
subscriber to or customer of such service (not including the
contents of communications covered by paragraph (1) or (2))
to any governmental entity.'';
(C) in subsection (b), by striking ``Exceptions.--A person
or entity'' and inserting ``Exceptions for disclosure of
communications.-- A provider described in subsection (a)'';
(D) in subsection (b)(6)--
(i) in subparagraph (A)(ii), by striking ``or'';
(ii) in subparagraph (B), by striking the period and
inserting ``; or''; and
(iii) by adding after subparagraph (B) the following:
``(C) if the provider reasonably believes that an emergency
involving immediate danger of death or serious physical
injury to any person requires disclosure of the information
without delay.''; and
(E) by inserting after subsection (b) the following:
``(c) Exceptions for Disclosure of Customer Records.--A
provider described in subsection (a) may divulge a record or
other information pertaining to a subscriber to or customer
of such service (not including the contents of communications
covered by subsection (a)(1) or (a)(2))--
``(1) as otherwise authorized in section 2703;
``(2) with the lawful consent of the customer or
subscriber;
``(3) as may be necessarily incident to the rendition of
the service or to the protection of the rights or property of
the provider of that service;
``(4) to a governmental entity, if the provider reasonably
believes that an emergency involving immediate danger of
death or serious physical injury to any person justifies
disclosure of the information; or
``(5) to any person other than a governmental entity.''.
(2) Technical and conforming amendment.--The table of
sections for chapter 121 of title 18, United States Code, is
amended by striking the item relating to section 2702 and
inserting the following:
``2702. Voluntary disclosure of customer communications or records.''.
(b) Requirements for Government Access.--
(1) In general.--Section 2703 of title 18, United States
Code, is amended--
(A) by striking the section heading and inserting the
following:
``Sec. 2703. Required disclosure of customer communications
or records'';
(B) in subsection (c) by redesignating paragraph (2) as
paragraph (3);
(C) in subsection (c)(1)--
(i) by striking ``(A) Except as provided in subparagraph
(B), a provider of electronic communication service or remote
computing service may'' and inserting ``A governmental entity
may require a provider of electronic communication service or
remote computing service to'';
(ii) by striking ``covered by subsection (a) or (b) of this
section) to any person other than a governmental entity.
``(B) A provider of electronic communication service or
remote computing service shall disclose a record or other
information pertaining to a subscriber to or customer of such
service (not including the contents of communications covered
by subsection (a) or (b) of this section) to a governmental
entity'' and inserting ``)'';
(iii) by redesignating subparagraph (C) as paragraph (2);
(iv) by redesignating clauses (i), (ii), (iii), and (iv) as
subparagraphs (A), (B), (C), and (D), respectively;
(v) in subparagraph (D) (as redesignated) by striking the
period and inserting ``; or''; and
(vi) by inserting after subparagraph (D) (as redesignated)
the following:
``(E) seeks information under paragraph (2).''; and
(D) in paragraph (2) (as redesignated) by striking
``subparagraph (B)'' and insert ``paragraph (1)''.
(2) Technical and conforming amendment.--The table of
sections for chapter 121 of title 18, United States Code, is
amended by striking the item relating to section 2703 and
inserting the following:
``2703. Required disclosure of customer communications or records.''.
SEC. 213. AUTHORITY FOR DELAYING NOTICE OF THE EXECUTION OF A
WARRANT.
Section 3103a of title 18, United States Code, is amended--
(1) by inserting ``(a) In General.--'' before ``In
addition''; and
(2) by adding at the end the following:
``(b) Delay.--With respect to the issuance of any warrant
or court order under this section, or any other rule of law,
to search for and seize any property or material that
constitutes evidence of a criminal offense in violation of
the laws of the United States, any notice required, or that
may be required, to be given may be delayed if--
``(1) the court finds reasonable cause to believe that
providing immediate notification of the execution of the
warrant may have an adverse result (as defined in section
2705);
``(2) the warrant prohibits the seizure of any tangible
property, any wire or electronic communication (as defined in
section 2510), or, except as expressly provided in chapter
121, any stored wire or electronic information, except where
the court finds reasonable necessity for the seizure; and
``(3) the warrant provides for the giving of such notice
within a reasonable period of its execution, which period may
thereafter be extended by the court for good cause shown.''.
SEC. 214. PEN REGISTER AND TRAP AND TRACE AUTHORITY UNDER
FISA.
(a) Applications and Orders.--Section 402 of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1842) is
amended--
(1) in subsection (a)(1), by striking ``for any
investigation to gather foreign intelligence information or
information concerning international terrorism'' and
inserting ``for any investigation to protect against
international terrorism or clandestine intelligence
activities, provided that such investigation of a United
States person is not conducted solely upon the basis of
activities protected by the first amendment to the
Constitution'';
(2) by amending subsection (c)(2) to read as follows:
``(2) a certification by the applicant that the information
likely to be obtained is relevant to an ongoing investigation
to protect against international terrorism or clandestine
intelligence activities, provided that such investigation of
a United States person is not conducted solely upon the basis
of activities protected by the first amendment to the
Constitution.'';
(3) by striking subsection (c)(3); and
(4) by amending subsection (d)(2)(A) to read as follows:
``(A) shall specify--
``(i) the identity, if known, of the person who is the
subject of the investigation;
``(ii) the identity, if known, of the person to whom is
leased or in whose name is listed the telephone line or other
facility to which the pen register or trap and trace device
is to be attached or applied;
``(iii) the attributes of the communications to which the
order applies, such as the number or other identifier, and,
if known, the location of the telephone line or other
facility to which the pen register or trap and trace device
is to be attached or applied and, in the case of a trap and
trace device, the geographic limits of the trap and trace
order.''.
(b) Authorization During Emergencies.--Section 403 of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1843) is amended--
(1) in subsection (a), by striking ``foreign intelligence
information or information concerning international
terrorism'' and inserting ``information to protect against
international terrorism or clandestine intelligence
activities, provided that such investigation of a United
States person is not conducted solely upon the basis of
activities protected by the first amendment to the
Constitution''; and
(2) in subsection (b)(1), by striking ``foreign
intelligence information or information concerning
international terrorism'' and inserting ``information to
protect against international terrorism or clandestine
intelligence activities, provided that such investigation of
a United States person is not conducted solely upon the basis
of activities protected by the first amendment to the
Constitution''.
SEC. 215. ACCESS TO RECORDS AND OTHER ITEMS UNDER THE FOREIGN
INTELLIGENCE SURVEILLANCE ACT.
Title V of the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. 1861 et seq.) is amended by striking sections
501 through 503 and inserting the following:
``SEC. 501. ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN
INTELLIGENCE AND INTERNATIONAL TERRORISM
INVESTIGATIONS.
``(a)(1) The Director of the Federal Bureau of
Investigation or a designee of the Director (whose rank shall
be no lower than Assistant Special Agent in Charge) may make
an application for an order requiring the production of any
tangible things (including books, records, papers, documents,
and other items) for an investigation to protect against
international terrorism or clandestine intelligence
activities, provided that such investigation of a United
States person is not conducted solely upon the basis of
activities protected by the first amendment to the
Constitution.
[[Page H6744]]
``(2) An investigation conducted under this section shall--
``(A) be conducted under guidelines approved by the
Attorney General under Executive Order 12333 (or a successor
order); and
``(B) not be conducted of a United States person solely
upon the basis of activities protected by the first amendment
to the Constitution of the United States.
``(b) Each application under this section--
``(1) shall be made to--
``(A) a judge of the court established by section 103(a);
or
``(B) a United States Magistrate Judge under chapter 43 of
title 28, United States Code, who is publicly designated by
the Chief Justice of the United States to have the power to
hear applications and grant orders for the production of
tangible things under this section on behalf of a judge of
that court; and
``(2) shall specify that the records concerned are sought
for an authorized investigation conducted in accordance with
subsection (a)(2) to protect against international terrorism
or clandestine intelligence activities.
``(c)(1) Upon an application made pursuant to this section,
the judge shall enter an ex parte order as requested, or as
modified, approving the release of records if the judge finds
that the application meets the requirements of this section.
``(2) An order under this subsection shall not disclose
that it is issued for purposes of an investigation described
in subsection (a).
``(d) No person shall disclose to any other person (other
than those persons necessary to produce the tangible things
under this section) that the Federal Bureau of Investigation
has sought or obtained tangible things under this section.
``(e) A person who, in good faith, produces tangible things
under an order pursuant to this section shall not be liable
to any other person for such production. Such production
shall not be deemed to constitute a waiver of any privilege
in any other proceeding or context.
``SEC. 502. CONGRESSIONAL OVERSIGHT.
``(a) On a semiannual basis, the Attorney General shall
fully inform the Permanent Select Committee on Intelligence
of the House of Representatives and the Select Committee on
Intelligence of the Senate concerning all requests for the
production of tangible things under section 402.
``(b) On a semiannual basis, the Attorney General shall
provide to the Committees on the Judiciary of the House of
Representatives and the Senate a report setting forth with
respect to the preceding 6-month period--
``(1) the total number of applications made for orders
approving requests for the production of tangible things
under section 402; and
``(2) the total number of such orders either granted,
modified, or denied.''.
SEC. 216. MODIFICATION OF AUTHORITIES RELATING TO USE OF PEN
REGISTERS AND TRAP AND TRACE DEVICES.
(a) General Limitations.--Section 3121(c) of title 18,
United States Code, is amended--
(1) by inserting ``or trap and trace device'' after ``pen
register'';
(2) by inserting ``, routing, addressing,'' after
``dialing''; and
(3) by striking ``call processing'' and inserting ``the
processing and transmitting of wire or electronic
communications so as not to include the contents of any wire
or electronic communications''.
(b) Issuance of Orders.--
(1) In general.--Section 3123(a) of title 18, United States
Code, is amended to read as follows:
``(a) In General.--
``(1) Attorney for the government.--Upon an application
made under section 3122(a)(1), the court shall enter an ex
parte order authorizing the installation and use of a pen
register or trap and trace device anywhere within the United
States, if the court finds that the attorney for the
Government has certified to the court that the information
likely to be obtained by such installation and use is
relevant to an ongoing criminal investigation. The order,
upon service of that order, shall apply to any person or
entity providing wire or electronic communication service in
the United States whose assistance may facilitate the
execution of the order. Whenever such an order is served on
any person or entity not specifically named in the order,
upon request of such person or entity, the attorney for the
Government or law enforcement or investigative officer that
is serving the order shall provide written or electronic
certification that the order applies to the person or entity
being served.
``(2) State investigative or law enforcement officer.--Upon
an application made under section 3122(a)(2), the court shall
enter an ex parte order authorizing the installation and use
of a pen register or trap and trace device within the
jurisdiction of the court, if the court finds that the State
law enforcement or investigative officer has certified to the
court that the information likely to be obtained by such
installation and use is relevant to an ongoing criminal
investigation.
``(3)(A) Where the law enforcement agency implementing an
ex parte order under this subsection seeks to do so by
installing and using its own pen register or trap and trace
device on a packet-switched data network of a provider of
electronic communication service to the public, the agency
shall ensure that a record will be maintained which will
identify--
``(i) any officer or officers who installed the device and
any officer or officers who accessed the device to obtain
information from the network;
``(ii) the date and time the device was installed, the date
and time the device was uninstalled, and the date, time, and
duration of each time the device is accessed to obtain
information;
``(iii) the configuration of the device at the time of its
installation and any subsequent modification thereof; and
``(iv) any information which has been collected by the
device.
To the extent that the pen register or trap and trace device
can be set automatically to record this information
electronically, the record shall be maintained electronically
throughout the installation and use of such device.
``(B) The record maintained under subparagraph (A) shall be
provided ex parte and under seal to the court which entered
the ex parte order authorizing the installation and use of
the device within 30 days after termination of the order
(including any extensions thereof).''.
(2) Contents of order.--Section 3123(b)(1) of title 18,
United States Code, is amended--
(A) in subparagraph (A)--
(i) by inserting ``or other facility'' after ``telephone
line''; and
(ii) by inserting before the semicolon at the end ``or
applied''; and
(B) by striking subparagraph (C) and inserting the
following:
``(C) the attributes of the communications to which the
order applies, including the number or other identifier and,
if known, the location of the telephone line or other
facility to which the pen register or trap and trace device
is to be attached or applied, and, in the case of an order
authorizing installation and use of a trap and trace device
under subsection (a)(2), the geographic limits of the order;
and''.
(3) Nondisclosure requirements.--Section 3123(d)(2) of
title 18, United States Code, is amended--
(A) by inserting ``or other facility'' after ``the line'';
and
(B) by striking ``, or who has been ordered by the court''
and inserting ``or applied, or who is obligated by the
order''.
(c) Definitions.--
(1) Court of competent jurisdiction.--Section 3127(2) of
title 18, United States Code, is amended by striking
subparagraph (A) and inserting the following:
``(A) any district court of the United States (including a
magistrate judge of such a court) or any United States court
of appeals having jurisdiction over the offense being
investigated; or''.
(2) Pen register.--Section 3127(3) of title 18, United
States Code, is amended--
(A) by striking ``electronic or other impulses'' and all
that follows through ``is attached'' and inserting ``dialing,
routing, addressing, or signaling information transmitted by
an instrument or facility from which a wire or electronic
communication is transmitted, provided, however, that such
information shall not include the contents of any
communication''; and
(B) by inserting ``or process'' after ``device'' each place
it appears.
(3) Trap and trace device.--Section 3127(4) of title 18,
United States Code, is amended--
(A) by striking ``of an instrument'' and all that follows
through the semicolon and inserting ``or other dialing,
routing, addressing, and signaling information reasonably
likely to identify the source of a wire or electronic
communication, provided, however, that such information shall
not include the contents of any communication;''; and
(B) by inserting ``or process'' after ``a device''.
(4) Conforming amendment.--Section 3127(1) of title 18,
United States Code, is amended--
(A) by striking ``and''; and
(B) by inserting ``, and `contents' '' after ``electronic
communication service''.
(5) Technical amendment.--Section 3124(d) of title 18,
United States Code, is amended by striking ``the terms of''.
SEC. 217. INTERCEPTION OF COMPUTER TRESPASSER COMMUNICATIONS.
Chapter 119 of title 18, United States Code, is amended--
(1) in section 2510--
(A) in paragraph (18), by striking ``and'' at the end;
(B) in paragraph (19), by striking the period and inserting
a semicolon; and
(C) by inserting after paragraph (19) the following:
``(20) `protected computer' has the meaning set forth in
section 1030; and
``(21) `computer trespasser'--
``(A) means a person who accesses a protected computer
without authorization and thus has no reasonable expectation
of privacy in any communication transmitted to, through, or
from the protected computer; and
``(B) does not include a person known by the owner or
operator of the protected computer to have an existing
contractual relationship with the owner or operator of the
protected computer for access to all or part of the protected
computer.''; and
(2) in section 2511(2), by inserting at the end the
following:
``(i) It shall not be unlawful under this chapter for a
person acting under color of
[[Page H6745]]
law to intercept the wire or electronic communications of a
computer trespasser transmitted to, through, or from the
protected computer, if--
``(I) the owner or operator of the protected computer
authorizes the interception of the computer trespasser's
communications on the protected computer;
``(II) the person acting under color of law is lawfully
engaged in an investigation;
``(III) the person acting under color of law has reasonable
grounds to believe that the contents of the computer
trespasser's communications will be relevant to the
investigation; and
``(IV) such interception does not acquire communications
other than those transmitted to or from the computer
trespasser.''.
SEC. 218. FOREIGN INTELLIGENCE INFORMATION.
Sections 104(a)(7)(B) and section 303(a)(7)(B) (50 U.S.C.
1804(a)(7)(B) and 1823(a)(7)(B)) of the Foreign Intelligence
Surveillance Act of 1978 are each amended by striking ``the
purpose'' and inserting ``a significant purpose''.
SEC. 219. SINGLE-JURISDICTION SEARCH WARRANTS FOR TERRORISM.
Rule 41(a) of the Federal Rules of Criminal Procedure is
amended by inserting after ``executed'' the following: ``and
(3) in an investigation of domestic terrorism or
international terrorism (as defined in section 2331 of title
18, United States Code), by a Federal magistrate judge in any
district in which activities related to the terrorism may
have occurred, for a search of property or for a person
within or outside the district''.
SEC. 220. NATIONWIDE SERVICE OF SEARCH WARRANTS FOR
ELECTRONIC EVIDENCE.
Chapter 121 of title 18, United States Code, is amended--
(1) in section 2703, by striking ``under the Federal Rules
of Criminal Procedure'' every place it appears and inserting
``using the procedures described in the Federal Rules of
Criminal Procedure by a court with jurisdiction over the
offense under investigation''; and
(2) in section 2711--
(A) in paragraph (1), by striking ``and'';
(B) in paragraph (2), by striking the period and inserting
``; and''; and
(C) by inserting at the end the following:
``(3) the term `court of competent jurisdiction' has the
meaning assigned by section 3127, and includes any Federal
court within that definition, without geographic
limitation.''.
SEC. 221. TRADE SANCTIONS.
(a) In general.--The Trade Sanctions Reform and Export
Enhancement Act of 2000 (Public Law 106-387; 114 Stat. 1549A-
67) is amended--
(1) by amending section 904(2)(C) to read as follows:
``(C) used to facilitate the design, development, or
production of chemical or biological weapons, missiles, or
weapons of mass destruction.'';
(2) in section 906(a)(1)--
(A) by inserting ``, the Taliban or the territory of
Afghanistan controlled by the Taliban,'' after ``Cuba''; and
(B) by inserting ``, or in the territory of Afghanistan
controlled by the Taliban,'' after ``within such country'';
and
(3) in section 906(a)(2), by inserting ``, or to any other
entity in Syria or North Korea'' after ``Korea''.
(b) Application of the Trade Sanctions Reform and Export
Enhancement Act.--Nothing in the Trade Sanctions Reform and
Export Enhancement Act of 2000 shall limit the application or
scope of any law establishing criminal or civil penalties,
including any executive order or regulation promulgated
pursuant to such laws (or similar or successor laws), for the
unlawful export of any agricultural commodity, medicine, or
medical device to--
(1) a foreign organization, group, or person designated
pursuant to Executive Order 12947 of June 25, 1995;
(2) a Foreign Terrorist Organization pursuant to the
Antiterrorism and Effective Death Penalty Act of 1996 (Public
Law 104-132);
(3) a foreign organization, group, or person designated
pursuant to Executive Order 13224 (September 23, 2001);
(4) any narcotics trafficking entity designated pursuant to
Executive Order 12978 (October 21, 1995) or the Foreign
Narcotics Kingpin Designation Act (Public Law 106-120); or
(5) any foreign organization, group, or persons subject to
any restriction for its involvement in weapons of mass
destruction or missile proliferation.
SEC. 222. ASSISTANCE TO LAW ENFORCEMENT AGENCIES.
Nothing in this Act shall impose any additional technical
obligation or requirement on a provider of a wire or
electronic communication service or other person to furnish
facilities or technical assistance. A provider of a wire or
electronic communication service, landlord, custodian, or
other person who furnishes facilities or technical assistance
pursuant to section 216 shall be reasonably compensated for
such reasonable expenditures incurred in providing such
facilities or assistance.
SEC. 223. CIVIL LIABILITY FOR CERTAIN UNAUTHORIZED
DISCLOSURES.
(a) Section 2520 of title 18, United States Code, is
amended--
(1) in subsection (a), after ``entity'', by inserting ``,
other than the United States,'';
(2) by adding at the end the following:
``(f) Administrative Discipline.--If a court determines
that the United States or any of its departments or agencies
has violated any provision of this chapter, and the court
finds that the circumstances surrounding the violation raise
serious questions about whether or not an officer or employee
of the United States acted willfully or intentionally with
respect to the possible violation, the department or agency
shall promptly initiate a proceeding to determine whether
disciplinary action against the officer or employee is
warranted. If the head of the department or agency involved
determines that disciplinary action is not warranted, he or
she shall notify the Inspector General with jurisdiction over
the department or agency concerned and shall provide the
Inspector General with the reasons for such determination.'';
and
(3) by adding a new subsection (g), as follows:
``(g) Improper Disclosure Is Violation.--Any willful
disclosure or use by an investigative or law enforcement
officer or governmental entity of information beyond the
extent permitted by section 2517 is a violation of this
chapter for purposes of section 2520(a).
(b) Section 2707 of title 18, United States Code, is
amended--
(1) in subsection (a), after ``entity'', by inserting ``,
other than the United States,'';
(2) by striking subsection (d) and inserting the following:
``(d) Administrative Discipline.--If a court determines
that the United States or any of its departments or agencies
has violated any provision of this chapter, and the court
finds that the circumstances surrounding the violation raise
serious questions about whether or not an officer or employee
of the United States acted willfully or intentionally with
respect to the possible violation, the department or agency
shall promptly initiate a proceeding to determine whether
disciplinary action against the officer or employee is
warranted. If the head of the department or agency involved
determines that disciplinary action is not warranted, he or
she shall notify the Inspector General with jurisdiction over
the department or agency concerned and shall provide the
Inspector General with the reasons for such determination.'';
and
(3) by adding a new subsection (g), as follows:
``(g) Improper Disclosure.--Any willful disclosure of a
`record', as that term is defined in section 552a(a) of title
5, United States Code, obtained by an investigative or law
enforcement officer, or a governmental entity, pursuant to
section 2703 of this title, or from a device installed
pursuant to section 3123 or 3125 of this title, that is not a
disclosure made in the proper performance of the official
duties of the officer or governmental entity making the
disclosure, is a violation of this chapter. This provision
shall not apply to information previously lawfully disclosed
to the public by a Federal, State, or local governmental
entity.''.
(c)(1) Chapter 121 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 2712. Civil actions against the United States
``(a) In General.--Any person who is aggrieved by any
violation of this chapter or of chapter 119 of this title or
of sections 106(a), 305(a), or 405(a) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et
seq.) may commence an action in United States District Court
against the United States to recover money damages. In any
such action, if a person who is aggrieved successfully
establishes a violation of this chapter or of chapter 119 of
this title or of the above specific provisions of title 50,
the Court may assess as damages--
``(1) actual damages, but not less than $10,000, whichever
amount is greater; and
``(2) litigation costs, reasonably incurred.
``(b) Procedures.--(1) Any action against the United States
under this section may be commenced only after a claim is
presented to the appropriate department or agency under the
procedures of the Federal Tort Claims Act, as set forth in
title 28, United States Code.
``(2) Any action against the United States under this
section shall be commenced within the time period set forth
in section 2401(b) of title 28, United States Code. The claim
shall accrue on the date upon which the claimant first
discovers the violation.
``(3) Any action under this section shall be tried to the
court without a jury.
``(4) Notwithstanding any other provision of law, the
procedures set forth in section 106(f), 305(g), or 405(f) of
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1801 et seq.) shall be the exclusive means by which materials
governed by those sections may be reviewed.
``(5) An amount equal to any award against the United
States under this section shall be reimbursed by the
department or agency concerned to the fund described in
section 1304 of title 31, United States Code, out of any
appropriation, fund, or other account (excluding any part of
such appropriation, fund, or account that is available for
the enforcement of any Federal law) that is available for the
operating expenses of the department or agency concerned.
``(c) Administrative Discipline.--If a court determines
that the United States or any of its departments or agencies
has violated any provision of this chapter, and the
[[Page H6746]]
court finds that the circumstances surrounding the violation
raise serious questions about whether or not an officer or
employee of the United States acted willfully or
intentionally with respect to the possible violation, the
department or agency shall promptly initiate a proceeding to
determine whether disciplinary action against the officer or
employee is warranted. If the head of the department or
agency involved determines that disciplinary action is not
warranted, he or she shall notify the Inspector General with
jurisdiction over the department or agency concerned and
shall provide the Inspector General with the reasons for such
determination.
``(d) Exclusive Remedy.--Any action against the United
States under this subsection shall be the exclusive remedy
against the United States for any claims within the purview
of this section.''.
(2) The table of sections at the beginning of chapter 121
is amended to read as follows:
``2712. Civil action against the United States.''.
SEC. 224. SUNSET.
(a) In General.--Except as provided in subsection (b), this
title and the amendments made by this title (other than
sections 203(a), 203(c), 205, 208, 211, 213, 219, 221, and
222, and the amendments made by those sections) shall cease
to have effect on December 31, 2004.
(b) Exceptions.--(1) If the President notifies the Congress
before December 31, 2004 that it is in the national interest
that these provisions remain in effect, these provisions
shall remain in effect until December 31, 2006 and cease to
have effect on that date.
(2) With respect to any investigation that began before the
date on which these provisions cease to have effect, these
provisions shall continue in effect.
TITLE III--FINANCIAL INFRASTRUCTURE
SEC. 301. LAUNDERING THE PROCEEDS OF TERRORISM.
Section 1956(c)(7)(D) of title 18, United States Code, is
amended by inserting ``or 2339B'' after ``2339A''.
SEC. 305. EXTRATERRITORIAL JURISDICTION.
Section 1029 of title 18, United States Code, is amended by
adding at the end the following:
``(h) Any person who, outside the jurisdiction of the
United States, engages in any act that, if committed within
the jurisdiction of the United States, would constitute an
offense under subsection (a) or (b) of this section, shall be
subject to the fines, penalties, imprisonment, and forfeiture
provided in this title if--
``(1) the offense involves an access device issued, owned,
managed, or controlled by a financial institution, account
issuer, credit card system member, or other entity within the
jurisdiction of the United States; and
``(2) the person transports, delivers, conveys, transfers
to or through, or otherwise stores, secrets, or holds within
the jurisdiction of the United States, any article used to
assist in the commission of the offense or the proceeds of
such offense or property derived therefrom.''.
TITLE IV--PROTECTING THE BORDER
Subtitle A--Protecting the Northern Border
SEC. 401. ENSURING ADEQUATE PERSONNEL ON THE NORTHERN BORDER.
The Attorney General is authorized to waive any FTE cap on
personnel assigned to the Immigration and Naturalization
Service to address the national security needs of the United
States on the Northern border.
SEC. 402. NORTHERN BORDER PERSONNEL.
There are authorized to be appropriated--
(1) such sums as may be necessary to triple the number of
Border Patrol personnel (from the number authorized under
current law), and the necessary personnel and facilities to
support such personnel, in each State along the Northern
Border;
(2) such sums as may be necessary to triple the number of
Customs Service personnel (from the number authorized under
current law), and the necessary personnel and facilities to
support such personnel, at ports of entry in each State along
the Northern Border;
(3) such sums as may be necessary to triple the number of
INS inspectors (from the number authorized on the date of
enactment of this Act), and the necessary personnel and
facilities to support such personnel, at ports of entry in
each State along the Northern Border; and
(4) an additional $50,000,000 each to the Immigration and
Naturalization Service and the United States Customs Service
for purposes of making improvements in technology for
monitoring the Northern Border and acquiring additional
equipment at the Northern Border.
SEC. 403. ACCESS BY THE DEPARTMENT OF STATE AND THE INS TO
CERTAIN IDENTIFYING INFORMATION IN THE CRIMINAL
HISTORY RECORDS OF VISA APPLICANTS AND
APPLICANTS FOR ADMISSION TO THE UNITED STATES.
(a) Amendment of the Immigration and Nationality Act.--
Section 105 of the Immigration and Nationality Act (8 U.S.C.
1105) is amended--
(1) in the section heading, by inserting ``; data
exchange'' after ``security officers'';
(2) by inserting ``(a)'' after ``Sec. 105.'';
(3) in subsection (a), by inserting ``and border'' after
``internal'' the second place it appears; and
(4) by adding at the end the following:
``(b)(1) The Attorney General and the Director of the
Federal Bureau of Investigation shall provide the Department
of State and the Service access to the criminal history
record information contained in the National Crime
Information Center's Interstate Identification Index (NCIC-
III), Wanted Persons File, and to any other files maintained
by the National Crime Information Center that may be mutually
agreed upon by the Attorney General and the agency receiving
the access, for the purpose of determining whether or not a
visa applicant or applicant for admission has a criminal
history record indexed in any such file.
``(2) Such access shall be provided by means of extracts of
the records for placement in the automated visa lookout or
other appropriate database, and shall be provided without any
fee or charge.
``(3) The Federal Bureau of Investigation shall provide
periodic updates of the extracts at intervals mutually agreed
upon with the agency receiving the access. Upon receipt of
such updated extracts, the receiving agency shall make
corresponding updates to its database and destroy previously
provided extracts.
``(4) Access to an extract does not entitle the Department
of State to obtain the full content of the corresponding
automated criminal history record. To obtain the full content
of a criminal history record, the Department of State shall
submit the applicant's fingerprints and any appropriate
fingerprint processing fee authorized by law to the Criminal
Justice Information Services Division of the Federal Bureau
of Investigation.
``(c) The provision of the extracts described in subsection
(b) may be reconsidered by the Attorney General and the
receiving agency upon the development and deployment of a
more cost-effective and efficient means of sharing the
information.
``(d) For purposes of administering this section, the
Department of State shall, prior to receiving access to NCIC
data but not later than 4 months after the date of enactment
of this subsection, promulgate final regulations--
``(1) to implement procedures for the taking of
fingerprints; and
``(2) to establish the conditions for the use of the
information received from the Federal Bureau of
Investigation, in order--
``(A) to limit the redissemination of such information;
``(B) to ensure that such information is used solely to
determine whether or not to issue a visa to an alien or to
admit an alien to the United States;
``(C) to ensure the security, confidentiality, and
destruction of such information; and
``(D) to protect any privacy rights of individuals who are
subjects of such information.''.
(b) Reporting Requirement.--Not later than 2 years after
the date of enactment of this Act, the Attorney General and
the Secretary of State jointly shall report to Congress on
the implementation of the amendments made by this section.
(c) Technology Standard to Confirm Identity.--
(1) In General.--The Attorney General and the Secretary of
State jointly, through the National Institute of Standards
and Technology (NIST), and in consultation with the Secretary
of the Treasury and other Federal law enforcement and
intelligence agencies the Attorney General or Secretary of
State deems appropriate, shall within 2 years after the date
of enactment of this section, develop and certify a
technology standard that can confirm the identity of a person
applying for a United States visa or such person seeking to
enter the United States pursuant to a visa.
(2) Integrated.--The technology standard developed pursuant
to paragraph (1), shall be the technological basis for a
cross-agency, cross-platform electronic system that is a
cost-effective, efficient, fully integrated means to share
law enforcement and intelligence information necessary to
confirm the identity of such persons applying for a United
States visa or such person seeking to enter the United States
pursuant to a visa.
(3) Accessible.--The electronic system described in
paragraph (2), once implemented, shall be readily and easily
accessible to--
(A) all consular officers responsible for the issuance of
visas;
(B) all Federal inspection agents at all United States
border inspection points; and
(C) all law enforcement and intelligence officers as
determined by regulation to be responsible for investigation
or identification of aliens admitted to the United States
pursuant to a visa.
(4) Report.--Not later than 18 months after the date of
enactment of this Act, and every 2 years thereafter, the
Attorney General and the Secretary of State shall jointly, in
consultation with the Secretary of Treasury, report to
Congress describing the development, implementation and
efficacy of the technology standard and electronic database
system described in this subsection.
(d) Statutory Construction.--Nothing in this section, or in
any other law, shall be construed to limit the authority of
the Attorney General or the Director of the Federal Bureau of
Investigation to provide access to the criminal history
record information contained in the National Crime
Information Center's (NCIC) Interstate Identification Index
(NCIC-III), or to any other information maintained by the
NCIC, to any Federal agency or officer authorized to enforce
or administer the immigration laws of the
[[Page H6747]]
United States, for the purpose of such enforcement or
administration, upon terms that are consistent with the
National Crime Prevention and Privacy Compact Act of 1998
(subtitle A of title II of Public Law 105-251; 42 U.S.C.
14611-16) and section 552a of title 5, United States Code.
SEC. 404. LIMITED AUTHORITY TO PAY OVERTIME.
The matter under the headings ``Immigration And
Naturalization Service: Salaries and Expenses, Enforcement
And Border Affairs'' and ``Immigration And Naturalization
Service: Salaries and Expenses, Citizenship And Benefits,
Immigration And Program Direction'' in the Department of
Justice Appropriations Act, 2001 (as enacted into law by
Appendix B (H.R. 5548) of Public Law 106-553 (114 Stat.
2762A-58 to 2762A-59)) is amended by striking the following
each place it occurs: ``Provided, That none of the funds
available to the Immigration and Naturalization Service shall
be available to pay any employee overtime pay in an amount in
excess of $30,000 during the calendar year beginning January
1, 2001:''.
SEC. 405. REPORT ON THE INTEGRATED AUTOMATED FINGERPRINT
IDENTIFICATION SYSTEM FOR POINTS OF ENTRY AND
OVERSEAS CONSULAR POSTS.
(a) In General.--The Attorney General, in consultation with
the appropriate heads of other Federal agencies, including
the Secretary of State, Secretary of the Treasury, and the
Secretary of Transportation, shall report to Congress on the
feasibility of enhancing the Integrated Automated Fingerprint
Identification System (IAFIS) of the Federal Bureau of
Investigation and other identification systems in order to
better identify a person who holds a foreign passport or a
visa and may be wanted in connection with a criminal
investigation in the United States or abroad, before the
issuance of a visa to that person or the entry or exit by
that person from the United States.
(b) Authorization of Appropriations.--There is authorized
to be appropriated not less than $2,000,000 to carry out this
section.
Subtitle B--Enhanced Immigration Provisions
SEC. 411. DEFINITIONS RELATING TO TERRORISM.
(a) Grounds of Inadmissibility.--Section 212(a)(3) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(3)) is
amended--
(1) in subparagraph (B)--
(A) in clause (i)--
(i) by amending subclause (IV) to read as follows:
``(IV) is a representative (as defined in clause (v)) of--
``(aa) a foreign terrorist organization, as designated by
the Secretary of State under section 219, or
``(bb) a political, social or other similar group whose
public endorsement of acts of terrorist activity the
Secretary of State has determined undermines United States
efforts to reduce or eliminate terrorist activities,'';
(ii) in subclause (V), by inserting ``or'' after ``section
219,''; and
(iii) by adding at the end the following new subclauses:
``(VI) has used the alien's position of prominence within
any country to endorse or espouse terrorist activity, or to
persuade others to support terrorist activity or a terrorist
organization, in a way that the Secretary of State has
determined undermines United States efforts to reduce or
eliminate terrorist activities, or
``(VII) is the spouse or child of an alien who is
inadmissible under this section, if the activity causing the
alien to be found inadmissible occurred within the last 5
years,'';
(B) by redesignating clauses (ii), (iii), and (iv) as
clauses (iii), (iv), and (v), respectively;
(C) in clause (i)(II), by striking ``clause (iii)'' and
inserting ``clause (iv)'';
(D) by inserting after clause (i) the following:
``(ii) Exception.--Subclause (VII) of clause (i) does not
apply to a spouse or child--
``(I) who did not know or should not reasonably have known
of the activity causing the alien to be found inadmissible
under this section; or
``(II) whom the consular officer or Attorney General has
reasonable grounds to believe has renounced the activity
causing the alien to be found inadmissible under this
section.'';
(E) in clause (iii) (as redesignated by subparagraph (B))--
(i) by inserting ``it had been'' before ``committed in the
United States''; and
(ii) in subclause (V)(b), by striking ``or firearm'' and
inserting ``, firearm, or other weapon or dangerous device'';
(F) by amending clause (iv) (as redesignated by
subparagraph (B)) to read as follows:
``(iv) Engage in terrorist activity defined.--As used in
this chapter, the term `engage in terrorist activity' means,
in an individual capacity or as a member of an organization--
``(I) to commit or to incite to commit, under circumstances
indicating an intention to cause death or serious bodily
injury, a terrorist activity;
``(II) to prepare or plan a terrorist activity;
``(III) to gather information on potential targets for
terrorist activity;
``(IV) to solicit funds or other things of value for--
``(aa) a terrorist activity;
``(bb) a terrorist organization described in clauses
(vi)(I) or (vi)(II); or
``(cc) a terrorist organization described in clause
(vi)(III), unless the solicitor can demonstrate that he did
not know, and should not reasonably have known, that the
solicitation would further the organization's terrorist
activity;
``(V) to solicit any individual--
``(aa) to engage in conduct otherwise described in this
clause;
``(bb) for membership in a terrorist organization described
in clauses (vi)(I) or (vi)(II); or
``(cc) for membership in a terrorist organization described
in clause (vi)(III), unless the solicitor can demonstrate
that he did not know, and should not reasonably have known,
that the solicitation would further the organization's
terrorist activity; or
``(VI) to commit an act that the actor knows, or reasonably
should know, affords material support, including a safe
house, transportation, communications, funds, transfer of
funds or other material financial benefit, false
documentation or identification, weapons (including chemical,
biological, or radiological weapons), explosives, or
training--
``(aa) for the commission of a terrorist activity;
``(bb) to any individual who the actor knows, or reasonably
should know, has committed or plans to commit a terrorist
activity;
``(cc) to a terrorist organization described in clauses
(vi)(I) or (vi)(II); or
``(dd) to a terrorist organization described in clause
(vi)(III), unless the actor can demonstrate that he did not
know, and should not reasonably have known, that the act
would further the organization's terrorist activity.
This clause shall not apply to any material support the alien
afforded to an organization or individual that has committed
terrorist activity, if the Secretary of State, after
consultation with the Attorney General, or the Attorney
General, after consultation with the Secretary of State,
concludes in his sole unreviewable discretion, that this
clause should not apply.''; and
(G) by adding at the end the following new clause:
``(vi) Terrorist organization defined.--As used in clause
(i)(VI) and clause (iv), the term `terrorist organization'
means an organization--
``(I) designated under section 219;
``(II) otherwise designated, upon publication in the
Federal Register, by the Secretary of State in consultation
with or upon the request of the Attorney General, as a
terrorist organization, after finding that it engages in the
activities described in subclause (I), (II), or (III) of
clause (iv), or that it provides material support to further
terrorist activity; or
``(III) that is a group of two or more individuals, whether
organized or not, which engages in the activities described
in subclause (I), (II), or (III) of clause (iv).''; and
(2) by adding at the end the following new subparagraph:
``(F) Association with terrorist organizations.--Any alien
who the Secretary of State, after consultation with the
Attorney General, or the Attorney General, after consultation
with the Secretary of State, determines has been associated
with a terrorist organization and intends while in the United
States to engage solely, principally, or incidentally in
activities that could endanger the welfare, safety, or
security of the United States is inadmissible.''.
(b) Conforming Amendments.--
(1) Section 237(a)(4)(B) of the Immigration and Nationality
Act (8 U.S.C. 1227(a)(4)(B)) is amended by striking ``section
212(a)(3)(B)(iii)'' and inserting ``section
212(a)(3)(B)(iv)''.
(2) Section 208(b)(2)(A)(v) of the Immigration and
Nationality Act (8 U.S.C. 1158(b)(2)(A)(v)) is amended by
striking ``or (IV)'' and inserting ``(IV), or (VI)''.
(c) Retroactive Application of Amendments.--
(1) In general.--Except as otherwise provided in this
subsection, the amendments made by this section shall take
effect on the date of 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 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.
[[Page H6748]]
1227(a)(4)(B)), by reason of the amendments made by
subsection (a), on the ground that the alien engaged in a
terrorist activity described in subclause (IV)(bb), (V)(bb),
or (VI)(cc) of section 212(a)(3)(B)(iv) of such Act (as so
amended) with respect to a group at any time when the group
was not a terrorist organization designated by the Secretary
of State under section 219 of such Act (8 U.S.C. 1189) or
otherwise designated under section 212(a)(3)(B)(vi)(II).
(B) Statutory construction.--Subparagraph (A) shall not be
construed to prevent an alien from being considered
inadmissible or deportable for having engaged in a terrorist
activity--
(i) described in subclause (IV)(bb), (V)(bb), or (VI)(cc)
of section 212(a)(3)(B)(iv) of such Act (as so amended) with
respect to a terrorist organization at any time when such
organization was designated by the Secretary of State under
section 219 of such Act or otherwise designated under section
212(a)(3)(B)(vi)(II); or
(ii) described in subclause (IV)(cc), (V)(cc), or (VI)(dd)
of section 212(a)(3)(B)(iv) of such Act (as so amended) with
respect to a terrorist organization described in section
212(a)(3)(B)(vi)(III).
(4) Exception.--The Secretary of State, in consultation
with the Attorney General, may determine that the amendments
made by this section shall not apply with respect to actions
by an alien taken outside the United States before the date
of enactment of this Act upon the recommendation of a
consular officer who has concluded that there is not
reasonable ground to believe that the alien knew or
reasonably should have known that the actions would further a
terrorist activity.
(c) Designation of Foreign Terrorist Organizations.--
Section 219(a) of the Immigration and Nationality Act (8
U.S.C. 1189(a)) is amended--
(1) in paragraph (1)(B), by inserting ``or terrorism (as
defined in section 140(d)(2) of the Foreign Relations
Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C.
2656f(d)(2)), or retains the capability and intent to engage
in terrorist activity or terrorism)'' after ``212(a)(3)(B)'';
(2) in paragraph (1)(C), by inserting ``or terrorism''
after ``terrorist activity'';
(3) by amending paragraph (2)(A) to read as follows:
``(A) Notice.--
``(i) To congressional leaders.--Seven days before making a
designation under this subsection, the Secretary shall, by
classified communication, notify the Speaker and Minority
Leader of the House of Representatives, the President pro
tempore, Majority Leader, and Minority Leader of the Senate,
and the members of the relevant committees, in writing, of
the intent to designate an organization under this
subsection, together with the findings made under paragraph
(1) with respect to that organization, and the factual basis
therefor.
``(ii) Publication in federal register.--The Secretary
shall publish the designation in the Federal Register seven
days after providing the notification under clause (i).'';
(4) in paragraph (2)(B)(i), by striking ``subparagraph
(A)'' and inserting ``subparagraph (A)(ii)'';
(5) in paragraph (2)(C), by striking ``paragraph (2)'' and
inserting ``paragraph (2)(A)(i)'';
(6) in paragraph (3)(B), by striking ``subsection (c)'' and
inserting ``subsection (b)'';
(7) in paragraph (4)(B), by inserting after the first
sentence the following: ``The Secretary also may redesignate
such organization at the end of any 2-year redesignation
period (but not sooner than 60 days prior to the termination
of such period) for an additional 2-year period upon a
finding that the relevant circumstances described in
paragraph (1) still exist. Any redesignation shall be
effective immediately following the end of the prior 2-year
designation or redesignation period unless a different
effective date is provided in such redesignation.'';
(8) in paragraph (6)(A)--
(A) by inserting ``or a redesignation made under paragraph
(4)(B)'' after ``paragraph (1)'';
(B) in clause (i)--
(i) by inserting ``or redesignation'' after ``designation''
the first place it appears; and
(ii) by striking ``of the designation''; and
(C) in clause (ii), by striking ``of the designation'';
(9) in paragraph (6)(B)--
(A) by striking ``through (4)'' and inserting ``and (3)'';
and
(B) by inserting at the end the following new sentence:
``Any revocation shall take effect on the date specified in
the revocation or upon publication in the Federal Register if
no effective date is specified.'';
(10) in paragraph (7), by inserting ``, or the revocation
of a redesignation under paragraph (6),'' after ``paragraph
(5) or (6)''; and
(11) in paragraph (8)--
(A) by striking ``paragraph (1)(B)'' and inserting
``paragraph (2)(B), or if a redesignation under this
subsection has become effective under paragraph (4)(B)'';
(B) by inserting ``or an alien in a removal proceeding''
after ``criminal action''; and
(C) by inserting ``or redesignation'' before ``as a
defense''.
SEC. 412. MANDATORY DETENTION OF SUSPECTED TERRORISTS; HABEAS
CORPUS; JUDICIAL REVIEW.
(a) In General.--The Immigration and Nationality Act (8
U.S.C. 1101 et seq.) is amended by inserting after section
236 the following:
``MANDATORY DETENTION OF SUSPECTED TERRORISTS; HABEAS CORPUS;
JUDICIAL REVIEW
``Sec. 236A. (a) Detention of Terrorist Aliens.--
``(1) Custody.--The Attorney General shall take into
custody any alien who is certified under paragraph (3).
``(2) Release.--Except as provided in paragraphs (5) and
(6), the Attorney General shall maintain custody of such an
alien until the alien is removed from the United States.
Except as provided in paragraph (6), such custody shall be
maintained irrespective of any relief from removal for which
the alien may be eligible, or any relief from removal granted
the alien, until the Attorney General determines that the
alien is no longer an alien who may be certified under
paragraph (3).
``(3) Certification.--The Attorney General may certify an
alien under this paragraph if the Attorney General has
reasonable grounds to believe that the alien--
``(A) is described in section 212(a)(3)(A)(i),
212(a)(3)(A)(iii), 212(a)(3)(B), 237(a)(4)(A)(i),
237(a)(4)(A)(iii), or 237(a)(4)(B); or
``(B) is engaged in any other activity that endangers the
national security of the United States.
``(4) Nondelegation.--The Attorney General may delegate the
authority provided under paragraph (3) only to the
Commissioner. The Commissioner may not delegate such
authority.
``(5) Commencement of proceedings.--The Attorney General
shall place an alien detained under paragraph (1) in removal
proceedings, or shall charge the alien with a criminal
offense, not later than 7 days after the commencement of such
detention. If the requirement of the preceding sentence is
not satisfied, the Attorney General shall release the alien.
``(6) Limitation on indefinite detention.--An alien
detained under paragraph (1) who has not been removed under
section 241(a)(1)(A), and whose removal is unlikely in the
reasonably foreseeable future, may be detained for additional
periods of up to six months if the release of the alien will
not protect the national security of the United States or
adequately ensure the safety of the community or any person.
``(b) Habeas Corpus and Judicial Review.--
``(1) In general.--Judicial review of any action or
decision relating to this section (including judicial review
of the merits of a determination made under subsection (a)(3)
or (a)(6)) is available exclusively in habeas corpus
proceedings consistent with this subsection. Except as
provided in the preceding sentence, no court shall have
jurisdiction to review, by habeas corpus petition or
otherwise, any such action or decision.
``(2) Application.--
``(A) In general.--Notwithstanding any other provision of
law, including section 2241(a) of title 28, United States
Code, habeas corpus proceedings described in paragraph (1)
may be initiated only by an application filed with--
``(i) the Supreme Court;
``(ii) any justice of the Supreme Court;
``(iii) any circuit judge of the United States Court of
Appeals for the District of Columbia Circuit; or
``(iv) any district court otherwise having jurisdiction to
entertain it.
``(B) Application transfer.--Section 2241(b) of title 28,
United States Code, shall apply to an application for a writ
of habeas corpus described in subparagraph (A).
``(3) Appeals.--Notwithstanding any other provision of law,
including section 2253 of title 28, in habeas corpus
proceedings described in paragraph (1) before a circuit or
district judge, the final order shall be subject to review,
on appeal, by the United States Court of Appeals for the
District of Columbia Circuit. There shall be no right of
appeal in such proceedings to any other circuit court of
appeals.
``(4) Rule of decision.--The law applied by the Supreme
Court and the United States Court of Appeals for the District
of Columbia Circuit shall be regarded as the rule of decision
in habeas corpus proceedings described in paragraph (1).
``(c) Statutory Construction.--The provisions of this
section shall not be applicable to any other provision of the
Immigration and Nationality Act.''.
(b) Clerical Amendment.--The table of contents of the
Immigration and Nationality Act is amended by inserting after
the item relating to section 236 the following:
``Sec. 236A. Mandatory detention of suspected terrorist; habeas corpus;
judicial review.''.
(c) Reports.--Not later than 6 months after the date of the
enactment of this Act, and every 6 months thereafter, the
Attorney General shall submit a report to the Committee on
the Judiciary of the House of Representatives and the
Committee on the Judiciary of the Senate, with respect to the
reporting period, on--
(1) the number of aliens certified under section 236A(a)(3)
of the Immigration and Nationality Act, as added by
subsection (a);
(2) the grounds for such certifications;
(3) the nationalities of the aliens so certified;
(4) the length of the detention for each alien so
certified; and
(5) the number of aliens so certified who--
(A) were granted any form of relief from removal;
(B) were removed;
(C) the Attorney General has determined are no longer
aliens who may be so certified; or
[[Page H6749]]
(D) were released from detention.
SEC. 413. MULTILATERAL COOPERATION AGAINST TERRORISTS.
Section 222(f) of the Immigration and Nationality Act (8
U.S.C. 1202(f)) is amended--
(1) by striking ``except that in the discretion of'' and
inserting the following: ``except that--
``(1) in the discretion of''; and
(2) by adding at the end the following:
``(2) the Secretary of State, in the Secretary's discretion
and on the basis of reciprocity, may provide to a foreign
government information in the Department of State's
computerized visa lookout database and, when necessary and
appropriate, other records covered by this section related to
information in the database--
``(A) with regard to individual aliens, at any time on a
case-by-case basis for the purpose of preventing,
investigating, or punishing acts that would constitute a
crime in the United States, including, but not limited to,
terrorism or trafficking in controlled substances, persons,
or illicit weapons; or
``(B) with regard to any or all aliens in the database,
pursuant to such conditions as the Secretary of State shall
establish in an agreement with the foreign government in
which that government agrees to use such information and
records for the purposes described in subparagraph (A) or to
deny visas to persons who would be inadmissible to the United
States.''.
Subtitle C--Preservation of Immigration Benefits for Victims of
Terrorism
SEC. 421. SPECIAL IMMIGRANT STATUS.
(a) In General.--For purposes of the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.), the Attorney General
may provide an alien described in subsection (b) with the
status of a special immigrant under section 101(a)(27) of
such Act (8 U.S.C. 1101(a(27)), if the alien--
(1) files with the Attorney General a petition under
section 204 of such Act (8 U.S.C. 1154) for classification
under section 203(b)(4) of such Act (8 U.S.C. 1153(b)(4));
and
(2) is otherwise eligible to receive an immigrant visa and
is otherwise admissible to the United States for permanent
residence, except in determining such admissibility, the
grounds for inadmissibility specified in section 212(a)(4) of
such Act (8 U.S.C. 1182(a)(4)) shall not apply.
(b) Aliens Described.--
(1) Principal aliens.--An alien is described in this
subsection if--
(A) the alien was the beneficiary of--
(i) a petition that was filed with the Attorney General on
or before September 11, 2001--
(I) under section 204 of the Immigration and Nationality
Act (8 U.S.C. 1154) to classify the alien as a family-
sponsored immigrant under section 203(a) of such Act (8
U.S.C. 1153(a)) or as an employment-based immigrant under
section 203(b) of such Act (8 U.S.C. 1153(b)); or
(II) under section 214(d) (8 U.S.C. 1184(d)) of such Act to
authorize the issuance of a nonimmigrant visa to the alien
under section 101(a)(15)(K) of such Act (8 U.S.C.
1101(a)(15)(K)); or
(ii) an application for labor certification under section
212(a)(5)(A) of such Act (8 U.S.C. 1182(a)(5)(A)) that was
filed under regulations of the Secretary of Labor on or
before such date; and
(B) such petition or application was revoked or terminated
(or otherwise rendered null), either before or after its
approval, due to a specified terrorist activity that directly
resulted in--
(i) the death or disability of the petitioner, applicant,
or alien beneficiary; or
(ii) loss of employment due to physical damage to, or
destruction of, the business of the petitioner or applicant.
(2) Spouses and children.--
(A) In general.--An alien is described in this subsection
if--
(i) the alien was, on September 10, 2001, the spouse or
child of a principal alien described in paragraph (1); and
(ii) the alien--
(I) is accompanying such principal alien; or
(II) is following to join such principal alien not later
than September 11, 2003.
(B) Construction.--For purposes of construing the terms
``accompanying'' and ``following to join'' in subparagraph
(A)(ii), any death of a principal alien that is described in
paragraph (1)(B)(i) shall be disregarded.
(3) Grandparents of orphans.--An alien is described in this
subsection if the alien is a grandparent of a child, both of
whose parents died as a direct result of a specified
terrorist activity, if either of such deceased parents was,
on September 10, 2001, a citizen or national of the United
States or an alien lawfully admitted for permanent residence
in the United States.
(c) Priority Date.--Immigrant visas made available under
this section shall be issued to aliens in the order in which
a petition on behalf of each such alien is filed with the
Attorney General under subsection (a)(1), except that if an
alien was assigned a priority date with respect to a petition
described in subsection (b)(1)(A)(i), the alien may maintain
that priority date.
(d) Numerical Limitations.--For purposes of the application
of sections 201 through 203 of the Immigration and
Nationality Act (8 U.S.C. 1151-1153) in any fiscal year,
aliens eligible to be provided status under this section
shall be treated as special immigrants described in section
101(a)(27) of such Act (8 U.S.C. 1101(a)(27)) who are not
described in subparagraph (A), (B), (C), or (K) of such
section.
SEC. 422. EXTENSION OF FILING OR REENTRY DEADLINES.
(a) Automatic Extension of Nonimmigrant Status.--
(1) In general.--Notwithstanding section 214 of the
Immigration and Nationality Act (8 U.S.C. 1184), in the case
of an alien described in paragraph (2) who was lawfully
present in the United States as a nonimmigrant on September
10, 2001, the alien may remain lawfully in the United States
in the same nonimmigrant status until the later of--
(A) the date such lawful nonimmigrant status otherwise
would have terminated if this subsection had not been
enacted; or
(B) 1 year after the death or onset of disability described
in paragraph (2).
(2) Aliens described.--
(A) Principal aliens.--An alien is described in this
paragraph if the alien was disabled as a direct result of a
specified terrorist activity.
(B) Spouses and children.--An alien is described in this
paragraph if the alien was, on September 10, 2001, the spouse
or child of--
(i) a principal alien described in subparagraph (A); or
(ii) an alien who died as a direct result of a specified
terrorist activity.
(3) Authorized employment.--During the period in which a
principal alien or alien spouse is in lawful nonimmigrant
status under paragraph (1), the alien shall be provided an
``employment authorized'' endorsement or other appropriate
document signifying authorization of employment not later
than 30 days after the alien requests such authorization.
(b) New Deadlines for Extension or Change of Nonimmigrant
Status.--
(1) Filing delays.--In the case of an alien who was
lawfully present in the United States as a nonimmigrant on
September 10, 2001, if the alien was prevented from filing a
timely application for an extension or change of nonimmigrant
status as a direct result of a specified terrorist activity,
the alien's application shall be considered timely filed if
it is filed not later than 60 days after it otherwise would
have been due.
(2) Departure delays.--In the case of an alien who was
lawfully present in the United States as a nonimmigrant on
September 10, 2001, if the alien is unable timely to depart
the United States as a direct result of a specified terrorist
activity, the alien shall not be considered to have been
unlawfully present in the United States during the period
beginning on September 11, 2001, and ending on the date of
the alien's departure, if such departure occurs on or before
November 11, 2001.
(3) Special rule for aliens unable to return from abroad.--
(A) Principal aliens.--In the case of an alien who was in a
lawful nonimmigrant status on September 10, 2001, but who was
not present in the United States on such date, if the alien
was prevented from returning to the United States in order to
file a timely application for an extension of nonimmigrant
status as a direct result of a specified terrorist activity--
(i) the alien's application shall be considered timely
filed if it is filed not later than 60 days after it
otherwise would have been due; and
(ii) the alien's lawful nonimmigrant status shall be
considered to continue until the later of--
(I) the date such status otherwise would have terminated if
this subparagraph had not been enacted; or
(II) the date that is 60 days after the date on which the
application described in clause (i) otherwise would have been
due.
(B) Spouses and children.--In the case of an alien who is
the spouse or child of a principal alien described in
subparagraph (A), if the spouse or child was in a lawful
nonimmigrant status on September 10, 2001, the spouse or
child may remain lawfully in the United States in the same
nonimmigrant status until the later of--
(i) the date such lawful nonimmigrant status otherwise
would have terminated if this subparagraph had not been
enacted; or
(ii) the date that is 60 days after the date on which the
application described in subparagraph (A) otherwise would
have been due.
(4) Circumstances preventing timely action.--
(A) Filing delays.--For purposes of paragraph (1),
circumstances preventing an alien from timely acting are--
(i) office closures;
(ii) mail or courier service cessations or delays; and
(iii) other closures, cessations, or delays affecting case
processing or travel necessary to satisfy legal requirements.
(B) Departure and return delays.--For purposes of
paragraphs (2) and (3), circumstances preventing an alien
from timely acting are--
(i) office closures;
(ii) airline flight cessations or delays; and
(iii) other closures, cessations, or delays affecting case
processing or travel necessary to satisfy legal requirements.
(c) Diversity Immigrants.--
(1) Waiver of fiscal year limitation.--Notwithstanding
section 203(e)(2) of the Immigration and Nationality Act (8
U.S.C. 1153(e)(2)), an immigrant visa number issued to an
alien under section 203(c) of such Act for fiscal year 2001
may be used by the alien during the period beginning on
October 1, 2001, and ending on April 1, 2002, if the alien
establishes that the alien was prevented from using it during
fiscal year 2001 as a direct result of a specified terrorist
activity.
[[Page H6750]]
(2) Worldwide level.--In the case of an alien entering the
United States as a lawful permanent resident, or adjusting to
that status, under paragraph (1), the alien shall be counted
as a diversity immigrant for fiscal year 2001 for purposes of
section 201(e) of the Immigration and Nationality Act (8
U.S.C. 1151(e)), unless the worldwide level under such
section for such year has been exceeded, in which case the
alien shall be counted as a diversity immigrant for fiscal
year 2002.
(3) Treatment of family members of certain aliens.--In the
case of a principal alien issued an immigrant visa number
under section 203(c) of the Immigration and Nationality Act
(8 U.S.C. 1153(c)) for fiscal year 2001, if such principal
alien died as a direct result of a specified terrorist
activity, the aliens who were, on September 10, 2001, the
spouse and children of such principal alien shall, if not
otherwise entitled to an immigrant status and the immediate
issuance of a visa under subsection (a), (b), or (c) of
section 203 of such Act, be entitled to the same status, and
the same order of consideration, that would have been
provided to such alien spouse or child under section 203(d)
of such Act if the principal alien were not deceased.
(4) Circumstances preventing timely action.--For purposes
of paragraph (1), circumstances preventing an alien from
using an immigrant visa number during fiscal year 2001 are--
(A) office closures;
(B) mail or courier service cessations or delays;
(C) airline flight cessations or delays; and
(D) other closures, cessations, or delays affecting case
processing or travel necessary to satisfy legal requirements.
(d) Extension of Expiration of Immigrant Visas.--
(1) In general.--Notwithstanding the limitations under
section 221(c) of the Immigration and Nationality Act (8
U.S.C. 1201(c)), in the case of any immigrant visa issued to
an alien that expires or expired before December 31, 2001, if
the alien was unable to effect entry into the United States
as a direct result of a specified terrorist activity, then
the period of validity of the visa is extended until December
31, 2001, unless a longer period of validity is otherwise
provided under this subtitle.
(2) Circumstances preventing entry.--For purposes of this
subsection, circumstances preventing an alien from effecting
entry into the United States are--
(A) office closures;
(B) airline flight cessations or delays; and
(C) other closures, cessations, or delays affecting case
processing or travel necessary to satisfy legal requirements.
(e) Grants of Parole Extended.--
(1) In general.--In the case of any parole granted by the
Attorney General under section 212(d)(5) of the Immigration
and Nationality Act (8 U.S.C. 1182(d)(5)) that expires on a
date on or after September 11, 2001, if the alien beneficiary
of the parole was unable to return to the United States prior
to the expiration date as a direct result of a specified
terrorist activity, the parole is deemed extended for an
additional 90 days.
(2) Circumstances preventing return.--For purposes of this
subsection, circumstances preventing an alien from timely
returning to the United States are--
(A) office closures;
(B) airline flight cessations or delays; and
(C) other closures, cessations, or delays affecting case
processing or travel necessary to satisfy legal requirements.
(f) Voluntary Departure.--Notwithstanding section 240B of
the Immigration and Nationality Act (8 U.S.C. 1229c), if a
period for voluntary departure under such section expired
during the period beginning on September 11, 2001, and ending
on October 11, 2001, such voluntary departure period is
deemed extended for an additional 30 days.
SEC. 423. HUMANITARIAN RELIEF FOR CERTAIN SURVIVING SPOUSES
AND CHILDREN.
(a) Treatment as Immediate Relatives.--
(1) Spouses.--Notwithstanding the second sentence of
section 201(b)(2)(A)(i) of the Immigration and Nationality
Act (8 U.S.C. 1151(b)(2)(A)(i)), in the case of an alien who
was the spouse of a citizen of the United States at the time
of the citizen's death and was not legally separated from the
citizen at the time of the citizen's death, if the citizen
died as a direct result of a specified terrorist activity,
the alien (and each child of the alien) shall be considered,
for purposes of section 201(b) of such Act, to remain an
immediate relative after the date of the citizen's death, but
only if the alien files a petition under section
204(a)(1)(A)(ii) of such Act within 2 years after such date
and only until the date the alien remarries. For purposes of
such section 204(a)(1)(A)(ii), an alien granted relief under
the preceding sentence shall be considered an alien spouse
described in the second sentence of section 201(b)(2)(A)(i)
of such Act.
(2) Children.--
(A) In general.--In the case of an alien who was the child
of a citizen of the United States at the time of the
citizen's death, if the citizen died as a direct result of a
specified terrorist activity, the alien shall be considered,
for purposes of section 201(b) of the Immigration and
Nationality Act (8 U.S.C. 1151(b)), to remain an immediate
relative after the date of the citizen's death (regardless of
changes in age or marital status thereafter), but only if the
alien files a petition under subparagraph (B) within 2 years
after such date.
(B) Petitions.--An alien described in subparagraph (A) may
file a petition with the Attorney General for classification
of the alien under section 201(b)(2)(A)(i) of the Immigration
and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)). For purposes
of such Act, such a petition shall be considered a petition
filed under section 204(a)(1)(A) of such Act (8 U.S.C.
1154(a)(1)(A)).
(b) Spouses, Children, Unmarried Sons and Daughters of
Lawful Permanent Resident Aliens.--
(1) In general.--Any spouse, child, or unmarried son or
daughter of an alien described in paragraph (3) who is
included in a petition for classification as a family-
sponsored immigrant under section 203(a)(2) of the
Immigration and Nationality Act (8 U.S.C. 1153(a)(2)) that
was filed by such alien before September 11, 2001, shall be
considered (if the spouse, child, son, or daughter has not
been admitted or approved for lawful permanent residence by
such date) a valid petitioner for preference status under
such section with the same priority date as that assigned
prior to the death described in paragraph (3)(A). No new
petition shall be required to be filed. Such spouse, child,
son, or daughter may be eligible for deferred action and work
authorization.
(2) Self-petitions.--Any spouse, child, or unmarried son or
daughter of an alien described in paragraph (3) who is not a
beneficiary of a petition for classification as a family-
sponsored immigrant under section 203(a)(2) of the
Immigration and Nationality Act may file a petition for such
classification with the Attorney General, if the spouse,
child, son, or daughter was present in the United States on
September 11, 2001. Such spouse, child, son, or daughter may
be eligible for deferred action and work authorization.
(3) Aliens described.--An alien is described in this
paragraph if the alien--
(A) died as a direct result of a specified terrorist
activity; and
(B) on the day of such death, was lawfully admitted for
permanent residence in the United States.
(c) Applications for Adjustment of Status by Surviving
Spouses and Children of Employment-Based Immigrants.--
(1) In general.--Any alien who was, on September 10, 2001,
the spouse or child of an alien described in paragraph (2),
and who applied for adjustment of status prior to the death
described in paragraph (2)(A), may have such application
adjudicated as if such death had not occurred.
(2) Aliens described.--An alien is described in this
paragraph if the alien--
(A) died as a direct result of a specified terrorist
activity; and
(B) on the day before such death, was--
(i) an alien lawfully admitted for permanent residence in
the United States by reason of having been allotted a visa
under section 203(b) of the Immigration and Nationality Act
(8 U.S.C. 1153(b)); or
(ii) an applicant for adjustment of status to that of an
alien described in clause (i), and admissible to the United
States for permanent residence.
(d) Waiver of Public Charge Grounds.--In determining the
admissibility of any alien accorded an immigration benefit
under this section, the grounds for inadmissibility specified
in section 212(a)(4) of the Immigration and Nationality Act
(8 U.S.C. 1182(a)(4)) shall not apply.
SEC. 424. ``AGE-OUT'' PROTECTION FOR CHILDREN.
For purposes of the administration of the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.), in the case of an
alien--
(1) whose 21st birthday occurs in September 2001, and who
is the beneficiary of a petition or application filed under
such Act on or before September 11, 2001, the alien shall be
considered to be a child for 90 days after the alien's 21st
birthday for purposes of adjudicating such petition or
application; and
(2) whose 21st birthday occurs after September 2001, and
who is the beneficiary of a petition or application filed
under such Act on or before September 11, 2001, the alien
shall be considered to be a child for 45 days after the
alien's 21st birthday for purposes of adjudicating such
petition or application.
SEC. 425. TEMPORARY ADMINISTRATIVE RELIEF.
The Attorney General, for humanitarian purposes or to
ensure family unity, may provide temporary administrative
relief to any alien who--
(1) was lawfully present in the United States on September
10, 2001;
(2) was on such date the spouse, parent, or child of an
individual who died or was disabled as a direct result of a
specified terrorist activity; and
(3) is not otherwise entitled to relief under any other
provision of this subtitle.
SEC. 426. EVIDENCE OF DEATH, DISABILITY, OR LOSS OF
EMPLOYMENT.
(a) In General.--The Attorney General shall establish
appropriate standards for evidence demonstrating, for
purposes of this subtitle, that any of the following occurred
as a direct result of a specified terrorist activity:
(1) Death.
(2) Disability.
(3) Loss of employment due to physical damage to, or
destruction of, a business.
(b) Waiver of Regulations.--The Attorney General shall
carry out subsection (a) as expeditiously as possible. The
Attorney General is not required to promulgate regulations
prior to implementing this subtitle.
[[Page H6751]]
SEC. 427. NO BENEFITS TO TERRORISTS OR FAMILY MEMBERS OF
TERRORISTS.
Notwithstanding any other provision of this subtitle,
nothing in this subtitle shall be construed to provide any
benefit or relief to--
(1) any individual culpable for a specified terrorist
activity; or
(2) any family member of any individual described in
paragraph (1).
SEC. 428. DEFINITIONS.
(a) Application of Immigration and Nationality Act
Provisions.--Except as otherwise specifically provided in
this subtitle, the definitions used in the Immigration and
Nationality Act (excluding the definitions applicable
exclusively to title III of such Act) shall apply in the
administration of this subtitle.
(b) Specified Terrorist Activity.--For purposes of this
subtitle, the term ``specified terrorist activity'' means any
terrorist activity conducted against the Government or the
people of the United States on September 11, 2001.
TITLE V--REMOVING OBSTACLES TO INVESTIGATING TERRORISM
SEC. 501. ATTORNEY GENERAL'S AUTHORITY TO PAY REWARDS TO
COMBAT TERRORISM.
(a) Payment of Rewards To Combat Terrorism.--Funds
available to the Attorney General may be used for the payment
of rewards pursuant to public advertisements for assistance
to the Department of Justice to combat terrorism and defend
the Nation against terrorist acts, in accordance with
procedures and regulations established or issued by the
Attorney General.
(b) Conditions.--In making rewards under this section--
(1) no such reward of $250,000 or more may be made or
offered without the personal approval of either the Attorney
General or the President;
(2) the Attorney General shall give written notice to the
Chairmen and ranking minority members of the Committees on
Appropriations and the Judiciary of the Senate and of the
House of Representatives not later than 30 days after the
approval of a reward under paragraph (1);
(3) any executive agency or military department (as
defined, respectively, in sections 105 and 102 of title 5,
United States Code) may provide the Attorney General with
funds for the payment of rewards;
(4) neither the failure of the Attorney General to
authorize a payment nor the amount authorized shall be
subject to judicial review; and
(5) no such reward shall be subject to any per- or
aggregate reward spending limitation established by law,
unless that law expressly refers to this section, and no
reward paid pursuant to any such offer shall count toward any
such aggregate reward spending limitation.
SEC. 502. SECRETARY OF STATE'S AUTHORITY TO PAY REWARDS.
Section 36 of the State Department Basic Authorities Act of
1956 (Public Law 885, August 1, 1956; 22 U.S.C. 2708) is
amended--
(1) in subsection (b)--
(A) in paragraph (4), by striking ``or'' at the end;
(B) in paragraph (5), by striking the period at the end and
inserting ``, including by dismantling an organization in
whole or significant part; or''; and
(C) by adding at the end the following:
``(6) the identification or location of an individual who
holds a key leadership position in a terrorist
organization.'';
(2) in subsection (d), by striking paragraphs (2) and (3)
and redesignating paragraph (4) as paragraph (2); and
(3) in subsection (e)(1), by inserting ``, except as
personally authorized by the Secretary of State if he
determines that offer or payment of an award of a larger
amount is necessary to combat terrorism or defend the Nation
against terrorist acts.'' after ``$5,000,000''.
SEC. 503. DNA IDENTIFICATION OF TERRORISTS AND OTHER VIOLENT
OFFENDERS.
Section 3(d)(2) of the DNA Analysis Backlog Elimination Act
of 2000 (42 U.S.C. 14135a(d)(2)) is amended to read as
follows:
``(2) In addition to the offenses described in paragraph
(1), the following offenses shall be treated for purposes of
this section as qualifying Federal offenses, as determined by
the Attorney General:
``(A) Any offense listed in section 2332b(g)(5)(B) of title
18, United States Code.
``(B) Any crime of violence (as defined in section 16 of
title 18, United States Code).
``(C) Any attempt or conspiracy to commit any of the above
offenses.''.
SEC. 504. COORDINATION WITH LAW ENFORCEMENT.
(a) Information Acquired From an Electronic Surveillance.--
Section 106 of the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. 1806), is amended by adding at the end the
following:
``(k)(1) Federal officers who conduct electronic
surveillance to acquire foreign intelligence information
under this title may consult with Federal law enforcement
officers to coordinate efforts to investigate or protect
against--
``(A) actual or potential attack or other grave hostile
acts of a foreign power or an agent of a foreign power;
``(B) sabotage or international terrorism by a foreign
power or an agent of a foreign power; or
``(C) clandestine intelligence activities by an
intelligence service or network of a foreign power or by an
agent of a foreign power.
``(2) Coordination authorized under paragraph (1) shall not
preclude the certification required by section 104(a)(7)(B)
or the entry of an order under section 105.''.
(b) Information Acquired From a Physical Search.--Section
305 of the Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. 1825) is amended by adding at the end the following:
``(k)(1) Federal officers who conduct physical searches to
acquire foreign intelligence information under this title may
consult with Federal law enforcement officers to coordinate
efforts to investigate or protect against--
``(A) actual or potential attack or other grave hostile
acts of a foreign power or an agent of a foreign power;
``(B) sabotage or international terrorism by a foreign
power or an agent of a foreign power; or
``(C) clandestine intelligence activities by an
intelligence service or network of a foreign power or by an
agent of a foreign power.
``(2) Coordination authorized under paragraph (1) shall not
preclude the certification required by section 303(a)(7) or
the entry of an order under section 304.''.
SEC. 505. MISCELLANEOUS NATIONAL SECURITY AUTHORITIES.
(a) Telephone Toll and Transactional Records.--Section
2709(b) of title 18, United States Code, is amended--
(1) in the matter preceding paragraph (1), by inserting
``at Bureau headquarters or a Special Agent in Charge in a
Bureau field office designated by the Director'' after
``Assistant Director'';
(2) in paragraph (1)--
(A) by striking ``in a position not lower than Deputy
Assistant Director''; and
(B) by striking ``made that'' and all that follows and
inserting the following: ``made that the name, address,
length of service, and toll billing records sought are
relevant to an authorized investigation to protect against
international terrorism or clandestine intelligence
activities, provided that such an investigation of a United
States person is not conducted solely on the basis of
activities protected by the first amendment to the
Constitution of the United States; and''; and
(3) in paragraph (2)--
(A) by striking ``in a position not lower than Deputy
Assistant Director''; and
(B) by striking ``made that'' and all that follows and
inserting the following: ``made that the information sought
is relevant to an authorized investigation to protect against
international terrorism or clandestine intelligence
activities, provided that such an investigation of a United
States person is not conducted solely upon the basis of
activities protected by the first amendment to the
Constitution of the United States.''.
(b) Financial Records.--Section 1114(a)(5)(A) of the Right
to Financial Privacy Act of 1978 (12 U.S.C. 3414(a)(5)(A)) is
amended--
(1) by inserting ``in a position not lower than Deputy
Assistant Director at Bureau headquarters or a Special Agent
in Charge in a Bureau field office designated by the
Director'' after ``designee''; and
(2) by striking ``sought'' and all that follows and
inserting ``sought for foreign counter intelligence purposes
to protect against international terrorism or clandestine
intelligence activities, provided that such an investigation
of a United States person is not conducted solely upon the
basis of activities protected by the first amendment to the
Constitution of the United States.''.
(c) Consumer Reports.--Section 624 of the Fair Credit
Reporting Act (15 U.S.C. 1681u) is amended--
(1) in subsection (a)--
(A) by inserting ``in a position not lower than Deputy
Assistant Director at Bureau headquarters or a Special Agent
in Charge of a Bureau field office designated by the
Director'' after ``designee'' the first place it appears; and
(B) by striking ``in writing that'' and all that follows
through the end and inserting the following: ``in writing,
that such information is sought for the conduct of an
authorized investigation to protect against international
terrorism or clandestine intelligence activities, provided
that such an investigation of a United States person is not
conducted solely upon the basis of activities protected by
the first amendment to the Constitution of the United
States.'';
(2) in subsection (b)--
(A) by inserting ``in a position not lower than Deputy
Assistant Director at Bureau headquarters or a Special Agent
in Charge of a Bureau field office designated by the
Director'' after ``designee'' the first place it appears; and
(B) by striking ``in writing that'' and all that follows
through the end and inserting the following: ``in writing
that such information is sought for the conduct of an
authorized investigation to protect against international
terrorism or clandestine intelligence activities, provided
that such an investigation of a United States person is not
conducted solely upon the basis of activities protected by
the first amendment to the Constitution of the United
States.''; and
(3) in subsection (c)--
(A) by inserting ``in a position not lower than Deputy
Assistant Director at Bureau headquarters or a Special Agent
in Charge in a Bureau field office designated by the
Director'' after ``designee of the Director''; and
(B) by striking ``in camera that'' and all that follows
through ``States.'' and inserting
[[Page H6752]]
the following: ``in camera that the consumer report is sought
for the conduct of an authorized investigation to protect
against international terrorism or clandestine intelligence
activities, provided that such an investigation of a United
States person is not conducted solely upon the basis of
activities protected by the first amendment to the
Constitution of the United States.''.
SEC. 506. EXTENSION OF SECRET SERVICE JURISDICTION.
(a) Concurrent Jurisdiction Under 18 U.S.C. 1030.--Section
1030(d) of title 18, United States Code, is amended to read
as follows:
``(d)(1) The United States Secret Service shall, in
addition to any other agency having such authority, have the
authority to investigate offenses under this section.
``(2) The Federal Bureau of Investigation shall have
primary authority to investigate offenses under subsection
(a)(1) for any cases involving espionage, foreign
counterintelligence, information protected against
unauthorized disclosure for reasons of national defense or
foreign relations, or Restricted Data (as that term is
defined in section 11y of the Atomic Energy Act of 1954 (42
U.S.C. 2014(y)), except for offenses affecting the duties of
the United States Secret Service pursuant to section 3056(a)
of this title.
``(3) Such authority shall be exercised in accordance with
an agreement which shall be entered into by the Secretary of
the Treasury and the Attorney General.''.
(b) Reauthorization of Jurisdiction under 18 U.S.C. 1344.--
Section 3056(b)(3) of title 18, United States Code, is
amended by striking ``credit and debit card frauds, and false
identification documents or devices'' and inserting ``access
device frauds, false identification documents or devices, and
any fraud or other criminal or unlawful activity in or
against any federally insured financial institution''.
SEC. 507. DISCLOSURE OF EDUCATIONAL RECORDS.
Section 444 of the General Education Provisions Act (20
U.S.C. 1232g), is amended by adding after subsection (i) a
new subsection (j) to read as follows:
``(j) Investigation and Prosecution of Terrorism.--
``(1) In general.--Notwithstanding subsections (a) through
(i) or any provision of State law, the Attorney General (or
any Federal officer or employee, in a position not lower than
an Assistant Attorney General, designated by the Attorney
General) may submit a written application to a court of
competent jurisdiction for an ex parte order requiring an
educational agency or institution to permit the Attorney
General (or his designee) to--
``(A) collect education records in the possession of the
educational agency or institution that are relevant to an
authorized investigation or prosecution of an offense listed
in section 2332b(g)(5)(B) of title 18 United States Code, or
an act of domestic or international terrorism as defined in
section 2331 of that title; and
``(B) for official purposes related to the investigation or
prosecution of an offense described in paragraph (1)(A),
retain, disseminate, and use (including as evidence at trial
or in other administrative or judicial proceedings) such
records, consistent with such guidelines as the Attorney
General, after consultation with the Secretary, shall issue
to protect confidentiality.
``(2) Application and approval.--
``(A) In general.--An application under paragraph (1) shall
certify that there are specific and articulable facts giving
reason to believe that the education records are likely to
contain information described in paragraph (1)(A).
``(B) The court shall issue an order described in paragraph
(1) if the court finds that the application for the order
includes the certification described in subparagraph (A).
``(3) Protection of educational agency or institution.--An
educational agency or institution that, in good faith,
produces education records in accordance with an order issued
under this subsection shall not be liable to any person for
that production.
``(4) Record-keeping.--Subsection (b)(4) does not apply to
education records subject to a court order under this
subsection.''.
SEC. 508. DISCLOSURE OF INFORMATION FROM NCES SURVEYS.
Section 408 of the National Education Statistics Act of
1994 (20 U.S.C. 9007), is amended by adding after subsection
(b) a new subsection (c) to read as follows:
``(c) Investigation and Prosecution of Terrorism.--
``(1) In General.--Notwithstanding subsections (a) and (b),
the Attorney General (or any Federal officer or employee, in
a position not lower than an Assistant Attorney General,
designated by the Attorney General) may submit a written
application to a court of competent jurisdiction for an ex
parte order requiring the Secretary to permit the Attorney
General (or his designee) to--
``(A) collect reports, records, and information (including
individually identifiable information) in the possession of
the center that are relevant to an authorized investigation
or prosecution of an offense listed in section 2332b(g)(5)(B)
of title 18, United States Code, or an act of domestic or
international terrorism as defined in section 2331 of that
title; and
``(B) for official purposes related to the investigation or
prosecution of an offense described in paragraph (1)(A),
retain, disseminate, and use (including as evidence at trial
or in other administrative or judicial proceedings) such
information, consistent with such guidelines as the Attorney
General, after consultation with the Secretary, shall issue
to protect confidentiality.
``(2) Application and approval.--
``(A) In general.--An application under paragraph (1) shall
certify that there are specific and articulable facts giving
reason to believe that the information sought is described in
paragraph (1)(A).
``(B) The court shall issue an order described in paragraph
(1) if the court finds that the application for the order
includes the certification described in subparagraph (A).
``(3) Protection.--An officer or employee of the Department
who, in good faith, produces information in accordance with
an order issued under this subsection does not violate
subsection (b)(2) and shall not be liable to any person for
that production.''.
TITLE VI--PROVIDING FOR VICTIMS OF TERRORISM, PUBLIC SAFETY OFFICERS,
AND THEIR FAMILIES
Subtitle A--Aid to Families of Public Safety Officers
SEC. 611. EXPEDITED PAYMENT FOR PUBLIC SAFETY OFFICERS
INVOLVED IN THE PREVENTION, INVESTIGATION,
RESCUE, OR RECOVERY EFFORTS RELATED TO A
TERRORIST ATTACK.
(a) In General.--Notwithstanding the limitations of
subsection (b) of section 1201 or the provisions of
subsections (c), (d), and (e) of such section or section 1202
of title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3796, 3796a), upon certification
(containing identification of all eligible payees of benefits
pursuant to section 1201 of such Act) by a public agency that
a public safety officer employed by such agency was killed or
suffered a catastrophic injury producing permanent and total
disability as a direct and proximate result of a personal
injury sustained in the line of duty as described in section
1201 of such Act in connection with prevention,
investigation, rescue, or recovery efforts related to a
terrorist attack, the Director of the Bureau of Justice
Assistance shall authorize payment to qualified
beneficiaries, said payment to be made not later than 30 days
after receipt of such certification, benefits described under
subpart 1 of part L of such Act (42 U.S.C. 3796 et seq.).
(b) Definitions.--For purposes of this section, the terms
``catastrophic injury'', ``public agency'', and ``public
safety officer'' have the same meanings given such terms in
section 1204 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796b).
SEC. 612. TECHNICAL CORRECTION WITH RESPECT TO EXPEDITED
PAYMENTS FOR HEROIC PUBLIC SAFETY OFFICERS.
Section 1 of Public Law 107-37 (an Act to provide for the
expedited payment of certain benefits for a public safety
officer who was killed or suffered a catastrophic injury as a
direct and proximate result of a personal injury sustained in
the line of duty in connection with the terrorist attacks of
September 11, 2001) is amended by--
(1) inserting before ``by a'' the following: ``(containing
identification of all eligible payees of benefits pursuant to
section 1201)'';
(2) inserting ``producing permanent and total disability''
after ``suffered a catastrophic injury''; and
(3) striking ``1201(a)'' and inserting ``1201''.
SEC. 613. PUBLIC SAFETY OFFICERS BENEFIT PROGRAM PAYMENT
INCREASE.
(a) Payments.--Section 1201(a) of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3796) is amended by
striking ``$100,000'' and inserting ``$250,000''.
(b) Applicability.--The amendment made by subsection (a)
shall apply to any death or disability occurring on or after
January 1, 2001.
SEC. 614. OFFICE OF JUSTICE PROGRAMS.
Section 112 of title I of section 101(b) of division A of
Public Law 105-277 and section 108(a) of appendix A of Public
Law 106-113 (113 Stat. 1501A-20) are amended--
(1) after ``that Office'', each place it occurs, by
inserting ``(including, notwithstanding any contrary
provision of law (unless the same should expressly refer to
this section), any organization that administers any program
established in title 1 of Public Law 90-351)''; and
(2) by inserting ``functions, including any'' after
``all''.
Subtitle B--Amendments to the Victims of Crime Act of 1984
SEC. 621. CRIME VICTIMS FUND.
(a) Deposit of Gifts in the Fund.--Section 1402(b) of the
Victims of Crime Act of 1984 (42 U.S.C. 10601(b)) is
amended--
(1) in paragraph (3), by striking ``and'' at the end;
(2) in paragraph (4), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(5) any gifts, bequests, or donations to the Fund from
private entities or individuals.''.
(b) Formula for Fund Distributions.--Section 1402(c) of the
Victims of Crime Act of 1984 (42 U.S.C. 10601(c)) is amended
to read as follows:
``(c) Fund Distribution; Retention of Sums in Fund;
Availability for Expenditure Without Fiscal Year
Limitation.--
``(1) Subject to the availability of money in the Fund, in
each fiscal year, beginning with fiscal year 2003, the
Director shall distribute
[[Page H6753]]
not less than 90 percent nor more than 110 percent of the
amount distributed from the Fund in the previous fiscal year,
except the Director may distribute up to 120 percent of the
amount distributed in the previous fiscal year in any fiscal
year that the total amount available in the Fund is more than
2 times the amount distributed in the previous fiscal year.
``(2) In each fiscal year, the Director shall distribute
amounts from the Fund in accordance with subsection (d). All
sums not distributed during a fiscal year shall remain in
reserve in the Fund to be distributed during a subsequent
fiscal year. Notwithstanding any other provision of law, all
sums deposited in the Fund that are not distributed shall
remain in reserve in the Fund for obligation in future fiscal
years, without fiscal year limitation.''.
(c) Allocation of Funds for Costs and Grants.--Section
1402(d)(4) of the Victims of Crime Act of 1984 (42 U.S.C.
10601(d)(4)) is amended--
(1) by striking ``deposited in'' and inserting ``to be
distributed from'';
(2) in subparagraph (A), by striking ``48.5'' and inserting
``47.5'';
(3) in subparagraph (B), by striking ``48.5'' and inserting
``47.5''; and
(4) in subparagraph (C), by striking ``3'' and inserting
``5''.
(d) Antiterrorism Emergency Reserve.--Section 1402(d)(5) of
the Victims of Crime Act of 1984 (42 U.S.C. 10601(d)(5)) is
amended to read as follows:
``(5)(A) In addition to the amounts distributed under
paragraphs (2), (3), and (4), the Director may set aside up
to $50,000,000 from the amounts transferred to the Fund for
use in responding to the airplane hijackings and terrorist
acts that occurred on September 11, 2001, as an antiterrorism
emergency reserve. The Director may replenish any amounts
expended from such reserve in subsequent fiscal years by
setting aside up to 5 percent of the amounts remaining in the
Fund in any fiscal year after distributing amounts under
paragraphs (2), (3) and (4). Such reserve shall not exceed
$50,000,000.
``(B) The antiterrorism emergency reserve referred to in
subparagraph (A) may be used for supplemental grants under
section 1404B and to provide compensation to victims of
international terrorism under section 1404C.
``(C) Amounts in the antiterrorism emergency reserve
established pursuant to subparagraph (A) may be carried over
from fiscal year to fiscal year. Notwithstanding subsection
(c) and section 619 of the Departments of Commerce, Justice,
and State, the Judiciary, and Related Agencies Appropriations
Act, 2001 (and any similar limitation on Fund obligations in
any future Act, unless the same should expressly refer to
this section), any such amounts carried over shall not be
subject to any limitation on obligations from amounts
deposited to or available in the Fund.''.
(e) Victims of September 11, 2001.--Amounts transferred to
the Crime Victims Fund for use in responding to the airplane
hijackings and terrorist acts (including any related search,
rescue, relief, assistance, or other similar activities) that
occurred on September 11, 2001, shall not be subject to any
limitation on obligations from amounts deposited to or
available in the Fund, notwithstanding--
(1) section 619 of the Departments of Commerce, Justice,
and State, the Judiciary, and Related Agencies Appropriations
Act, 2001, and any similar limitation on Fund obligations in
such Act for Fiscal Year 2002; and
(2) subsections (c) and (d) of section 1402 of the Victims
of Crime Act of 1984 (42 U.S.C. 10601).
SEC. 622. CRIME VICTIM COMPENSATION.
(a) Allocation of Funds for Compensation and Assistance.--
Paragraphs (1) and (2) of section 1403(a) of the Victims of
Crime Act of 1984 (42 U.S.C. 10602(a)) are amended by
inserting ``in fiscal year 2002 and of 60 percent in
subsequent fiscal years'' after ``40 percent''.
(b) Location of Compensable Crime.--Section 1403(b)(6)(B)
of the Victims of Crime Act of 1984 (42 U.S.C.
10602(b)(6)(B)) is amended by striking ``are outside the
United States (if the compensable crime is terrorism, as
defined in section 2331 of title 18), or''.
(c) Relationship of Crime Victim Compensation to Means-
Tested Federal Benefit Programs.--Section 1403 of the Victims
of Crime Act of 1984 (42 U.S.C. 10602) is amended by striking
subsection (c) and inserting the following:
``(c) Exclusion From Income, Resources, and Assets for
Purposes of Means Tests.--Notwithstanding any other law
(other than title IV of Public Law 107-42), for the purpose
of any maximum allowed income, resource, or asset eligibility
requirement in any Federal, State, or local government
program using Federal funds that provides medical or other
assistance (or payment or reimbursement of the cost of such
assistance), any amount of crime victim compensation that the
applicant receives through a crime victim compensation
program under this section shall not be included in the
income, resources, or assets of the applicant, nor shall that
amount reduce the amount of the assistance available to the
applicant from Federal, State, or local government programs
using Federal funds, unless the total amount of assistance
that the applicant receives from all such programs is
sufficient to fully compensate the applicant for losses
suffered as a result of the crime.''.
(d) Definitions of ``Compensable Crime'' and ``State''.--
Section 1403(d) of the Victims of Crime Act of 1984 (42
U.S.C. 10602(d)) is amended--
(1) in paragraph (3), by striking ``crimes involving
terrorism,''; and
(2) in paragraph (4), by inserting ``the United States
Virgin Islands,'' after ``the Commonwealth of Puerto Rico,''.
(e) Relationship of Eligible Crime Victim Compensation
Programs to the September 11th Victim Compensation Fund.--
(1) In general.--Section 1403(e) of the Victims of Crime
Act of 1984 (42 U.S.C. 10602(e)) is amended by inserting
``including the program established under title IV of Public
Law 107-42,'' after ``Federal program,''.
(2) Compensation.--With respect to any compensation payable
under title IV of Public Law 107-42, the failure of a crime
victim compensation program, after the effective date of
final regulations issued pursuant to section 407 of Public
Law 107-42, to provide compensation otherwise required
pursuant to section 1403 of the Victims of Crime Act of 1984
(42 U.S.C. 10602) shall not render that program ineligible
for future grants under the Victims of Crime Act of 1984.
SEC. 623. CRIME VICTIM ASSISTANCE.
(a) Assistance for Victims in the District of Columbia,
Puerto Rico, and Other Territories and Possessions.--Section
1404(a) of the Victims of Crime Act of 1984 (42 U.S.C.
10603(a)) is amended by adding at the end the following:
``(6) An agency of the Federal Government performing local
law enforcement functions in and on behalf of the District of
Columbia, the Commonwealth of Puerto Rico, the United States
Virgin Islands, or any other territory or possession of the
United States may qualify as an eligible crime victim
assistance program for the purpose of grants under this
subsection, or for the purpose of grants under subsection
(c)(1).''.
(b) Prohibition on Discrimination Against Certain
Victims.--Section 1404(b)(1) of the Victims of Crime Act of
1984 (42 U.S.C. 10603(b)(1)) is amended--
(1) in subparagraph (D), by striking ``and'' at the end;
(2) in subparagraph (E), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(F) does not discriminate against victims because they
disagree with the way the State is prosecuting the criminal
case.''.
(c) Grants for Program Evaluation and Compliance Efforts.--
Section 1404(c)(1)(A) of the Victims of Crime Act of 1984 (42
U.S.C. 10603(c)(1)(A)) is amended by inserting ``, program
evaluation, compliance efforts,'' after ``demonstration
projects''.
(d) Allocation of Discretionary Grants.--Section 1404(c)(2)
of the Victims of Crime Act of 1984 (42 U.S.C. 10603(c)(2))
is amended--
(1) in subparagraph (A), by striking ``not more than'' and
inserting ``not less than''; and
(2) in subparagraph (B), by striking ``not less than'' and
inserting ``not more than''.
(e) Fellowships and Clinical Internships.--Section
1404(c)(3) of the Victims of Crime Act of 1984 (42 U.S.C.
10603(c)(3)) is amended--
(1) in subparagraph (C), by striking ``and'' at the end;
(2) in subparagraph (D), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(E) use funds made available to the Director under this
subsection--
``(i) for fellowships and clinical internships; and
``(ii) to carry out programs of training and special
workshops for the presentation and dissemination of
information resulting from demonstrations, surveys, and
special projects.''.
SEC. 624. VICTIMS OF TERRORISM.
(a) Compensation and Assistance to Victims of Domestic
Terrorism.--Section 1404B(b) of the Victims of Crime Act of
1984 (42 U.S.C. 10603b(b)) is amended to read as follows:
``(b) Victims of Terrorism Within the United States.--The
Director may make supplemental grants as provided in section
1402(d)(5) to States for eligible crime victim compensation
and assistance programs, and to victim service organizations,
public agencies (including Federal, State, or local
governments) and nongovernmental organizations that provide
assistance to victims of crime, which shall be used to
provide emergency relief, including crisis response efforts,
assistance, compensation, training and technical assistance,
and ongoing assistance, including during any investigation or
prosecution, to victims of terrorist acts or mass violence
occurring within the United States.''.
(b) Assistance to Victims of International Terrorism.--
Section 1404B(a)(1) of the Victims of Crime Act of 1984 (42
U.S.C. 10603b(a)(1)) is amended by striking ``who are not
persons eligible for compensation under title VIII of the
Omnibus Diplomatic Security and Antiterrorism Act of 1986''.
(c) Compensation to Victims of International Terrorism.--
Section 1404C(b) of the Victims of Crime of 1984 (42 U.S.C.
10603c(b)) is amended by adding at the end the following:
``The amount of compensation awarded to a victim under this
subsection shall be reduced by any amount that the victim
received in connection with the same act of international
terrorism under title VIII of the Omnibus Diplomatic Security
and Antiterrorism Act of 1986.''.
[[Page H6754]]
TITLE VII--INCREASED INFORMATION SHARING FOR CRITICAL INFRASTRUCTURE
PROTECTION
SEC. 711. EXPANSION OF REGIONAL INFORMATION SHARING SYSTEM TO
FACILITATE FEDERAL-STATE-LOCAL LAW ENFORCEMENT
RESPONSE RELATED TO TERRORIST ATTACKS.
Section 1301 of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796h) is amended--
(1) in subsection (a), by inserting ``and terrorist
conspiracies and activities'' after ``activities'';
(2) in subsection (b)--
(A) in paragraph (3), by striking ``and'' after the
semicolon;
(B) by redesignating paragraph (4) as paragraph (5);
(C) by inserting after paragraph (3) the following:
``(4) establishing and operating secure information sharing
systems to enhance the investigation and prosecution
abilities of participating enforcement agencies in addressing
multi-jurisdictional terrorist conspiracies and activities;
and (5)''; and
(3) by inserting at the end the following:
``(d) Authorization of Appropriation to the Bureau of
Justice Assistance.--There are authorized to be appropriated
to the Bureau of Justice Assistance to carry out this section
$50,000,000 for fiscal year 2002 and $100,000,000 for fiscal
year 2003.''.
TITLE VIII--STRENGTHENING THE CRIMINAL LAWS AGAINST TERRORISM
SEC. 801. TERRORIST ATTACKS AND OTHER ACTS OF VIOLENCE
AGAINST MASS TRANSPORTATION SYSTEMS.
Chapter 97 of title 18, United States Code, is amended by
adding at the end the following:
``Sec. 1993. Terrorist attacks and other acts of violence
against mass transportation systems
``(a) General Prohibitions.--Whoever willfully--
``(1) wrecks, derails, sets fire to, or disables a mass
transportation vehicle or ferry;
``(2) places or causes to be placed any biological agent or
toxin for use as a weapon, destructive substance, or
destructive device in, upon, or near a mass transportation
vehicle or ferry, without previously obtaining the permission
of the mass transportation provider, and with intent to
endanger the safety of any passenger or employee of the mass
transportation provider, or with a reckless disregard for the
safety of human life;
``(3) sets fire to, or places any biological agent or toxin
for use as a weapon, destructive substance, or destructive
device in, upon, or near any garage, terminal, structure,
supply, or facility used in the operation of, or in support
of the operation of, a mass transportation vehicle or ferry,
without previously obtaining the permission of the mass
transportation provider, and knowing or having reason to know
such activity would likely derail, disable, or wreck a mass
transportation vehicle or ferry used, operated, or employed
by the mass transportation provider;
``(4) removes appurtenances from, damages, or otherwise
impairs the operation of a mass transportation signal system,
including a train control system, centralized dispatching
system, or rail grade crossing warning signal;
``(5) interferes with, disables, or incapacitates any
dispatcher, driver, captain, or person while they are
employed in dispatching, operating, or maintaining a mass
transportation vehicle or ferry, with intent to endanger the
safety of any passenger or employee of the mass
transportation provider, or with a reckless disregard for the
safety of human life;
``(6) commits an act, including the use of a dangerous
weapon, with the intent to cause death or serious bodily
injury to an employee or passenger of a mass transportation
provider or any other person while any of the foregoing are
on the property of a mass transportation provider;
``(7) conveys or causes to be conveyed false information,
knowing the information to be false, concerning an attempt or
alleged attempt being made or to be made, to do any act which
would be a crime prohibited by this subsection; or
``(8) attempts, threatens, or conspires to do any of the
aforesaid acts,
shall be fined under this title or imprisoned not more than
twenty years, or both, if such act is committed, or in the
case of a threat or conspiracy such act would be committed,
on, against, or affecting a mass transportation provider
engaged in or affecting interstate or foreign commerce, or if
in the course of committing such act, that person travels or
communicates across a State line in order to commit such act,
or transports materials across a State line in aid of the
commission of such act.
``(b) Aggravated Offense.--Whoever commits an offense under
subsection (a) in a circumstance in which--
``(1) the mass transportation vehicle or ferry was carrying
a passenger at the time of the offense; or
``(2) the offense has resulted in the death of any person,
shall be guilty of an aggravated form of the offense and
shall be fined under this title or imprisoned for a term of
years or for life, or both.
``(c) Definitions.--In this section--
``(1) the term `biological agent' has the meaning given to
that term in section 178(1) of this title;
``(2) the term `dangerous weapon' has the meaning given to
that term in section 930 of this title;
``(3) the term `destructive device' has the meaning given
to that term in section 921(a)(4) of this title;
``(4) the term `destructive substance' has the meaning
given to that term in section 31 of this title;
``(5) the term `mass transportation' has the meaning given
to that term in section 5302(a)(7) of title 49, United States
Code, except that the term shall include schoolbus, charter,
and sightseeing transportation;
``(6) the term `serious bodily injury' has the meaning
given to that term in section 1365 of this title;
``(7) the term `State' has the meaning given to that term
in section 2266 of this title; and
``(8) the term `toxin' has the meaning given to that term
in section 178(2) of this title.''.
(f) Conforming Amendment.--The analysis of chapter 97 of
title 18, United States Code, is amended by adding at the
end:
``1993. Terrorist attacks and other acts of violence against mass
transportation systems.''.
SEC. 802. DEFINITION OF DOMESTIC TERRORISM.
(a) Domestic Terrorism Defined.--Section 2331 of title 18,
United States Code, is amended--
(1) in paragraph (1)(B)(iii), by striking ``by
assassination or kidnapping'' and inserting ``by mass
destruction, assassination, or kidnapping'';
(2) in paragraph (3), by striking ``and'';
(3) in paragraph (4), by striking the period at the end and
inserting ``; and''; and
(4) by adding at the end the following:
``(5) the term `domestic terrorism' means activities that--
``(A) involve acts dangerous to human life that are a
violation of the criminal laws of the United States or of any
State;
``(B) appear to be intended--
``(i) to intimidate or coerce a civilian population;
``(ii) to influence the policy of a government by
intimidation or coercion; or
``(iii) to affect the conduct of a government by mass
destruction, assassination, or kidnapping; and
``(C) occur primarily within the territorial jurisdiction
of the United States.''.
(b) Conforming Amendment.--Section 3077(1) of title 18,
United States Code, is amended to read as follows:
``(1) `act of terrorism' means an act of domestic or
international terrorism as defined in section 2331;''.
SEC. 803. PROHIBITION AGAINST HARBORING TERRORISTS.
(a) In General.--Chapter 113B of title 18, United States
Code, is amended by adding after section 2338 the following
new section:
``Sec. 2339. Harboring or concealing terrorists
``(a) Whoever harbors or conceals any person who he knows,
or has reasonable grounds to believe, has committed, or is
about to commit, an offense under section 32 (relating to
destruction of aircraft or aircraft facilities), section 175
(relating to biological weapons), section 229 (relating to
chemical weapons), section 831 (relating to nuclear
materials), paragraph (2) or (3) of section 844(f) (relating
to arson and bombing of government property risking or
causing injury or death), section 1366(a) (relating to the
destruction of an energy facility), section 2280 (relating to
violence against maritime navigation), section 2332a
(relating to weapons of mass destruction), or section 2332b
(relating to acts of terrorism transcending national
boundaries) of this title, section 236(a) (relating to
sabotage of nuclear facilities or fuel) of the Atomic Energy
Act of 1954 (42 U.S.C. 2284(a)), or section 46502 (relating
to aircraft piracy) of title 49, shall be fined under this
title or imprisoned not more than ten years, or both.''.
``(b) A violation of this section may be prosecuted in any
Federal judicial district in which the underlying offense was
committed, or in any other Federal judicial district as
provided by law.''.
(b) Technical Amendment.--The chapter analysis for chapter
113B of title 18, United States Code, is amended by inserting
after the item for section 2338 the following:
``2339. Harboring or concealing terrorists.''.
SEC. 804. JURISDICTION OVER CRIMES COMMITTED AT U.S.
FACILITIES ABROAD.
Section 7 of title 18, United States Code, is amended by
adding at the end the following:
``(9) With respect to offenses committed by or against a
United States national, as defined in section 1203(c) of this
title--
``(A) the premises of United States diplomatic, consular,
military or other United States Government missions or
entities in foreign States, including the buildings, parts of
buildings, and land appurtenant or ancillary thereto or used
for purposes of those missions or entities, irrespective of
ownership; and
``(B) residences in foreign States and the land appurtenant
or ancillary thereto, irrespective of ownership, used for
purposes of those missions or entities or used by United
States personnel assigned to those missions or entities.
Nothing in this paragraph shall be deemed to supersede any
treaty or international agreement with which this paragraph
conflicts. This paragraph does not apply with respect to an
offense committed by a person described in section 3261(a) of
this title.''.
SEC. 805. MATERIAL SUPPORT FOR TERRORISM.
(a) In General.--Section 2339A of title 18, United States
Code, is amended--
[[Page H6755]]
(1) in subsection (a)--
(A) by striking ``, within the United States,'';
(B) by inserting ``229,'' after ``175,'';
(C) by inserting ``1993,'' after ``1992,'';
(D) by inserting ``, section 236 of the Atomic Energy Act
of 1954 (42 U.S.C. 2284),'' after ``of this title'';
(E) by inserting ``or 60123(b)'' after ``46502''; and
(F) by inserting at the end the following: ``A violation of
this section may be prosecuted in any Federal judicial
district in which the underlying offense was committed, or in
any other Federal judicial district as provided by law.'';
and
(2) in subsection (b)--
(A) by striking ``or other financial securities'' and
inserting ``or monetary instruments or financial
securities''; and
(B) by inserting ``expert advice or assistance,'' after
``training,''.
(b) Technical Amendment.--Section 1956(c)(7)(D) of title
18, United States Code, is amended by inserting ``or 2339B''
after ``2339A''.
SEC. 806. ASSETS OF TERRORIST ORGANIZATIONS.
Section 981(a)(1) of title 18, United States Code, is
amended by inserting at the end the following:
``(G) All assets, foreign or domestic--
``(i) of any individual, entity, or organization engaged in
planning or perpetrating any act of domestic or international
terrorism (as defined in section 2331) against the United
States, citizens or residents of the United States, or their
property, and all assets, foreign or domestic, affording any
person a source of influence over any such entity or
organization;
``(ii) acquired or maintained by any person for the purpose
of supporting, planning, conducting, or concealing an act of
domestic or international terrorism (as defined in section
2331) against the United States, citizens or residents of the
United States, or their property; or
``(iii) derived from, involved in, or used or intended to
be used to commit any act of domestic or international
terrorism (as defined in section 2331) against the United
States, citizens or residents of the United States, or their
property.''.
SEC. 807. TECHNICAL CLARIFICATION RELATING TO PROVISION OF
MATERIAL SUPPORT TO TERRORISM.
No provision of the Trade Sanctions Reform and Export
Enhancement Act of 2000 (title IX of Public Law 106-387)
shall be construed to limit or otherwise affect section 2339A
or 2339B of title 18, United States Code.
SEC. 808. DEFINITION OF FEDERAL CRIME OF TERRORISM.
Section 2332b of title 18, United States Code, is amended--
(1) in subsection (f), by inserting after ``terrorism'' the
following: ``and any violation of section 351(e), 844(e),
844(f)(1), 956(b), 1361, 1366(b), 1366(c), 1751(e), 2152, or
2156 of this title,'' before ``and the Secretary''; and
(2) in subsection (g)(5)(B), by striking clauses (i)
through (iii) and inserting the following:
``(i) section 32 (relating to destruction of aircraft or
aircraft facilities), 37 (relating to violence at
international airports), 81 (relating to arson within special
maritime and territorial jurisdiction), 175 or 175b (relating
to biological weapons), 229 (relating to chemical weapons),
subsection (a), (b), (c), or (d) of section 351 (relating to
congressional, cabinet, and Supreme Court assassination and
kidnaping), 831 (relating to nuclear materials), 842(m) or
(n) (relating to plastic explosives), 844(f) (2) through (3)
(relating to arson and bombing of Government property risking
or causing death), 844(i) (relating to arson and bombing of
property used in interstate commerce), 930(c) (relating to
killing or attempted killing during an attack on a Federal
facility with a dangerous weapon), 956(a)(1) (relating to
conspiracy to murder, kidnap, or maim persons abroad),
1030(a)(1) (relating to protection of computers),
1030(a)(5)(A)(i) resulting in damage as defined in
1030(a)(5)(B)(ii) through (v) (relating to protection of
computers), 1114 (relating to killing or attempted killing of
officers and employees of the United States), 1116 (relating
to murder or manslaughter of foreign officials, official
guests, or internationally protected persons), 1203 (relating
to hostage taking), 1362 (relating to destruction of
communication lines, stations, or systems), 1363 (relating to
injury to buildings or property within special maritime and
territorial jurisdiction of the United States), 1366(a)
(relating to destruction of an energy facility), 1751 (a)
through (d) (relating to Presidential and Presidential staff
assassination and kidnaping), 1992 (relating to wrecking
trains), 1993 (relating to terrorist attacks and other acts
of violence against mass transportation systems), 2155
(relating to destruction of national defense materials,
premises, or utilities), 2280 (relating to violence against
maritime navigation), 2281 (relating to violence against
maritime fixed platforms), 2332 (relating to certain
homicides and other violence against United States nationals
occurring outside of the United States), 2332a (relating to
use of weapons of mass destruction), 2332b (relating to acts
of terrorism transcending national boundaries), 2339
(relating to harboring terrorists), 2339A (relating to
providing material support to terrorists), 2339B (relating to
providing material support to terrorist organizations), or
2340A (relating to torture) of this title;
``(ii) section 236 (relating to sabotage of nuclear
facilities or fuel) of the Atomic Energy Act of 1954 (42
U.S.C. 2284); or
``(iii) section 46502 (relating to aircraft piracy), the
second sentence of section 46504 (relating to assault on a
flight crew with a dangerous weapon), section 46505(b)(3) or
(c) (relating to explosive or incendiary devices, or
endangerment of human life by means of weapons, on aircraft),
section 46506 if homicide or attempted homicide is involved
(relating to application of certain criminal laws to acts on
aircraft), or section 60123(b) (relating to destruction of
interstate gas or hazardous liquid pipeline facility) of
title 49.''.
SEC. 809. NO STATUTE OF LIMITATION FOR CERTAIN TERRORISM
OFFENSES.
(a) In General.--Section 3286 of title 18, United States
Code, is amended to read as follows:
``Sec. 3286. Extension of statute of limitation for certain
terrorism offenses.
``(a) Eight-Year Limitation.--Notwithstanding section 3282,
no person shall be prosecuted, tried, or punished for any
noncapital offense involving a violation of any provision
listed in section 2332b(g)(5)(B), or a violation of section
112, 351(e), 1361, or 1751(e) of this title, or section
46504, 46505, or 46506 of title 49, unless the indictment is
found or the information is instituted within 8 years after
the offense was committed. Notwithstanding the preceding
sentence, offenses listed in section 3295 are subject to the
statute of limitations set forth in that section.
``(b) No Limitation.--Notwithstanding any other law, an
indictment may be found or an information instituted at any
time without limitation for any offense listed in section
2332b(g)(5)(B), if the commission of such offense resulted
in, or created a forseeable risk of, death or serious bodily
injury to another person.''.
(b) Application.--The amendments made by this section shall
apply to the prosecution of any offense committed before, on,
or after the date of enactment of this section.
SEC. 810. ALTERNATE MAXIMUM PENALTIES FOR TERRORISM OFFENSES.
(a) Arson.--Section 81 of title 18, United States Code, is
amended in the second undesignated paragraph by striking
``not more than twenty years'' and inserting ``for any term
of years or for life''.
(b) Destruction of an Energy Facility.--Section 1366 of
title 18, United States Code, is amended--
(1) in subsection (a), by striking ``ten'' and inserting
``20''; and
(2) by adding at the end the following:
``(d) Whoever is convicted of a violation of subsection (a)
or (b) that has resulted in the death of any person shall be
subject to imprisonment for any term of years or life.''.
(c) Material Support to Terrorists.--Section 2339A(a) of
title 18, United States Code, is amended--
(1) by striking ``10'' and inserting ``15''; and
(2) by striking the period and inserting ``, and, if the
death of any person results, shall be imprisoned for any term
of years or for life.''.
(d) Material Support to Designated Foreign Terrorist
Organizations.--Section 2339B(a)(1) of title 18, United
States Code, is amended--
(1) by striking ``10'' and inserting ``15''; and
(2) by striking the period after ``or both'' and inserting
``, and, if the death of any person results, shall be
imprisoned for any term of years or for life.''.
(e) Destruction of National-Defense Materials.--Section
2155(a) of title 18, United States Code, is amended--
(1) by striking ``ten'' and inserting ``20''; and
(2) by striking the period at the end and inserting ``,
and, if death results to any person, shall be imprisoned for
any term of years or for life.''.
(f) Sabotage of Nuclear Facilities or Fuel.--Section 236 of
the Atomic Energy Act of 1954 (42 U.S.C. 2284), is amended--
(1) by striking ``ten'' each place it appears and inserting
``20'';
(2) in subsection (a), by striking the period at the end
and inserting ``, and, if death results to any person, shall
be imprisoned for any term of years or for life.''; and
(3) in subsection (b), by striking the period at the end
and inserting ``, and, if death results to any person, shall
be imprisoned for any term of years or for life.''.
(g) Special Aircraft Jurisdiction of the United States.--
Section 46505(c) of title 49, United States Code, is
amended--
(1) by striking ``15'' and inserting ``20''; and
(2) by striking the period at the end and inserting ``,
and, if death results to any person, shall be imprisoned for
any term of years or for life.''.
(h) Damaging or Destroying an Interstate Gas or Hazardous
Liquid Pipeline Facility.--Section 60123(b) of title 49,
United States Code, is amended--
(1) by striking ``15'' and inserting ``20''; and
(2) by striking the period at the end and inserting ``,
and, if death results to any person, shall be imprisoned for
any term of years or for life.''.
SEC. 811. PENALTIES FOR TERRORIST CONSPIRACIES.
(a) Arson.--Section 81 of title 18, United States Code, is
amended in the first undesignated paragraph--
(1) by striking ``, or attempts to set fire to or burn'';
and
(2) by inserting ``or attempts or conspires to do such an
act,'' before ``shall be imprisoned''.
(b) Killings in Federal Facilities.--Section 930(c) of
title 18, United States Code, is amended--
[[Page H6756]]
(1) by striking ``or attempts to kill'';
(2) by inserting ``or attempts or conspires to do such an
act,'' before ``shall be punished''; and
(3) by striking ``and 1113'' and inserting ``1113, and
1117''.
(c) Communications Lines, Stations, or Systems.--Section
1362 of title 18, United States Code, is amended in the first
undesignated paragraph--
(1) by striking ``or attempts willfully or maliciously to
injure or destroy''; and
(2) by inserting ``or attempts or conspires to do such an
act,'' before ``shall be fined''.
(d) Buildings or Property Within Special Maritime and
Territorial Jurisdiction.--Section 1363 of title 18, United
States Code, is amended--
(1) by striking ``or attempts to destroy or injure''; and
(2) by inserting ``or attempts or conspires to do such an
act,'' before ``shall be fined'' the first place it appears.
(e) Wrecking Trains.--Section 1992 of title 18, United
States Code, is amended by adding at the end the following:
``(c) A person who conspires to commit any offense defined
in this section shall be subject to the same penalties (other
than the penalty of death) as the penalties prescribed for
the offense, the commission of which was the object of the
conspiracy.''.
(f) Material Support to Terrorists.--Section 2339A of title
18, United States Code, is amended by inserting ``or attempts
or conspires to do such an act,'' before ``shall be fined''.
(g) Torture.--Section 2340A of title 18, United States
Code, is amended by adding at the end the following:
``(c) Conspiracy.--A person who conspires to commit an
offense under this section shall be subject to the same
penalties (other than the penalty of death) as the penalties
prescribed for the offense, the commission of which was the
object of the conspiracy.''.
(h) Sabotage of Nuclear Facilities or Fuel.--Section 236 of
the Atomic Energy Act of 1954 (42 U.S.C. 2284), is amended--
(1) in subsection (a)--
(A) by striking ``, or who intentionally and willfully
attempts to destroy or cause physical damage to'';
(B) in paragraph (4), by striking the period at the end and
inserting a comma; and
(C) by inserting ``or attempts or conspires to do such an
act,'' before ``shall be fined''; and
(2) in subsection (b)--
(A) by striking ``or attempts to cause''; and
(B) by inserting ``or attempts or conspires to do such an
act,'' before ``shall be fined''.
(i) Interference with Flight Crew Members and Attendants.--
Section 46504 of title 49, United States Code, is amended by
inserting ``or attempts or conspires to do such an act,''
before ``shall be fined''.
(j) Special Aircraft Jurisdiction of the United States.--
Section 46505 of title 49, United States Code, is amended by
adding at the end the following:
``(e) Conspiracy.--If two or more persons conspire to
violate subsection (b) or (c), and one or more of such
persons do any act to effect the object of the conspiracy,
each of the parties to such conspiracy shall be punished as
provided in such subsection.''.
(k) Damaging or Destroying an Interstate Gas or Hazardous
Liquid Pipeline Facility.--Section 60123(b) of title 49,
United States Code, is amended--
(1) by striking ``, or attempting to damage or destroy,'';
and
(2) by inserting ``, or attempting or conspiring to do such
an act,'' before ``shall be fined''.
SEC. 812. POST-RELEASE SUPERVISION OF TERRORISTS.
Section 3583 of title 18, United States Code, is amended by
adding at the end the following:
``(j) Supervised Release Terms for Terrorism Predicates.--
Notwithstanding subsection (b), the authorized term of
supervised release for any offense listed in section
2332b(g)(5)(B), the commission of which resulted in, or
created a foreseeable risk of, death or serious bodily injury
to another person, is any term of years or life.''.
SEC. 813. INCLUSION OF ACTS OF TERRORISM AS RACKETEERING
ACTIVITY.
Section 1961(1) of title 18, United States Code, is
amended--
(1) by striking ``or (F)'' and inserting ``(F)''; and
(2) by inserting before the semicolon at the end the
following: ``, or (G) any act that is indictable under any
provision listed in section 2332b(g)(5)(B)''.
SEC. 814. DETERRENCE AND PREVENTION OF CYBERTERRORISM.
(a) Clarification of Protection of Protected Computers.--
Section 1030(a)(5) of title 18, United States Code, is
amended--
(1) by inserting ``(i)'' after (A)'';
(2) by redesignating subparagraphs (B) and (C) as clauses
(ii) and (iii), respectively;
(3) by adding ``and'' at the end of clause (iii), as so
redesignated; and
(4) by adding at the end the following:
``(B) caused (or, in the case of an attempted offense,
would, if completed, have caused) conduct described in in
clause (i), (ii), or (iii) of subparagraph (A) that resulted
in--
``(i) loss to 1 or more persons during any 1-year period
(including loss resulting from a related course of conduct
affecting 1 or more other protected computers) aggregating at
least $5,000 in value;
``(ii) the modification or impairment, or potential
modification or impairment, of the medical examination,
diagnosis, treatment, or care of 1 or more individuals;
``(iii) physical injury to any person;
``(iv) a threat to public health or safety; or
``(v) damage affecting a computer system used by or for a
Government entity in furtherance of the administration of
justice, national defense, or national security;''.
(b) Penalties.--Section 1030(c) of title 18, United States
Code is amended--
(1) in paragraph (2)--
(A) in subparagraph (A) --
(i) by inserting ``except as provided in subparagraph
(B),'' before ``a fine'';
(ii) by striking ``(a)(5)(C)'' and inserting
``(a)(5)(A)(iii)''; and
(iii) by striking ``and' at the end;
(B) in subparagraph (B), by inserting ``or an attempt to
commit an offense punishable under this subparagraph,'' after
``subsection (a)(2),'' in the matter preceding clause (i);
and
(C) in subparagraph (C), by striking ``and'' at the end;
(2) in paragraph (3)--
(A) by striking ``, (a)(5)(A), (a)(5)(B),'' both places it
appears; and
(B) by striking ``and'' at the end; and
(3) by striking ``(a)(5)(C)'' and inserting
``(a)(5)(A)(iii)''; and
(4) by adding at the end the following new paragraphs:
``(4)(A) a fine under this title, imprisonment for not more
than 10 years, or both, in the case of an offense under
subsection (a)(5)(A)(i), or an attempt to commit an offense
punishable under that subsection;
``(B) a fine under this title, imprisonment for not more
than 5 years, or both, in the case of an offense under
subsection (a)(5)(A)(ii), or an attempt to commit an offense
punishable under that subsection;
``(C) a fine under this title, imprisonment for not more
than 20 years, or both, in the case of an offense under
subsection (a)(5)(A)(i) or (a)(5)(A)(ii), or an attempt to
commit an offense punishable under either subsection, that
occurs after a conviction for another offense under this
section.''.
(c) Definitions.--Subsection (e) of section 1030 of title
18, United States Code is amended--
(1) in paragraph (2)(B), by inserting ``, including a
computer located outside the United States'' before the
semicolon;
(2) in paragraph (7), by striking ``and'' at the end;
(3) by striking paragraph (8) and inserting the following
new paragraph (8):
``(8) the term `damage' means any impairment to the
integrity or availability of data, a program, a system, or
information;'';
(4) in paragraph (9), by striking the period at the end and
inserting a semicolon; and
(5) by adding at the end the following new paragraphs:
``(10) the term `conviction' shall include a conviction
under the law of any State for a crime punishable by
imprisonment for more than 1 year, an element of which is
unauthorized access, or exceeding authorized access, to a
computer;
``(11) the term `loss' includes any reasonable cost to any
victim, including the cost of responding to an offense,
conducting a damage assessment, and restoring the data,
program, system, or information to its condition prior to the
offense, and any revenue lost, cost incurred, or other
consequential damages incurred because of interruption of
service;
``(12) the term `person' means any individual, firm,
corporation, educational institution, financial institution,
governmental entity, or legal or other entity;''.
(d) Damages in Civil Actions.--Subsection (g) of section
1030 of title 18, United States Code is amended--
(1) by striking the second sentence and inserting the
following new sentences: ``A suit for a violation of
subsection (a)(5) may be brought only if the conduct involves
one of the factors enumerated in subsection (a)(5)(B).
Damages for a violation involving only conduct described in
subsection (a)(5)(B)(i) are limited to economic damages.'';
and
(2) by adding at the end the following: ``No action may be
brought under this subsection for the negligent design or
manufacture of computer hardware, computer software, or
firmware.''.
(e) Amendment of Sentencing Guidelines Relating to Certain
Computer Fraud and Abuse.--Pursuant to its authority under
section 994(p) of title 28, United States Code, the United
States Sentencing Commission shall amend the Federal
sentencing guidelines to ensure that any individual convicted
of a violation of section 1030 of title 18, United States
Code, can be subjected to appropriate penalties, without
regard to any mandatory minimum term of imprisonment.
SEC. 815. ADDITIONAL DEFENSE TO CIVIL ACTIONS RELATING TO
PRESERVING RECORDS IN RESPONSE TO GOVERNMENT
REQUESTS.
Section 2707(e)(1) of title 18, United States Code, is
amended by inserting after ``or statutory authorization'' the
following: ``(including a request of a governmental entity
under section 2703(f) of this title)''.
SEC. 816. DEVELOPMENT AND SUPPORT OF CYBERSECURITY FORENSIC
CAPABILITIES.
(a) In General.--The Attorney General shall establish such
regional computer forensic laboratories as the Attorney
General considers appropriate, and provide support to
existing computer forensic laboratories, in
[[Page H6757]]
order that all such computer forensic laboratories have the
capability--
(1) to provide forensic examinations with respect to seized
or intercepted computer evidence relating to criminal
activity (including cyberterrorism);
(2) to provide training and education for Federal, State,
and local law enforcement personnel and prosecutors regarding
investigations, forensic analyses, and prosecutions of
computer-related crime (including cyberterrorism);
(3) to assist Federal, State, and local law enforcement in
enforcing Federal, State, and local criminal laws relating to
computer-related crime;
(4) to facilitate and promote the sharing of Federal law
enforcement expertise and information about the
investigation, analysis, and prosecution of computer-related
crime with State and local law enforcement personnel and
prosecutors, including the use of multijurisdictional task
forces; and
(5) to carry out such other activities as the Attorney
General considers appropriate.
(b) Authorization of Appropriations.--
(1) Authorization.--There is hereby authorized to be
appropriated in each fiscal year $50,000,000 for purposes of
carrying out this section.
(2) Availability.--Amounts appropriated pursuant to the
authorization of appropriations in paragraph (1) shall remain
available until expended.
TITLE IX--IMPROVED INTELLIGENCE
SEC. 901. RESPONSIBILITIES OF DIRECTOR OF CENTRAL
INTELLIGENCE REGARDING FOREIGN INTELLIGENCE
COLLECTED UNDER FOREIGN INTELLIGENCE
SURVEILLANCE ACT OF 1978.
Section 103(c) of the National Security Act of 1947 (50
U.S.C. 403-3(c)) is amended--
(1) by redesignating paragraphs (6) and (7) as paragraphs
(7) and (8), respectively; and
(2) by inserting after paragraph (5) the following new
paragraph (6):
``(6) establish requirements and priorities for foreign
intelligence information to be collected under the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et
seq.), and provide assistance to the Attorney General to
ensure that information derived from electronic surveillance
or physical searches under that Act is disseminated so it may
be used efficiently and effectively for foreign intelligence
purposes, except that the Director shall have no authority to
direct, manage, or undertake electronic surveillance or
physical search operations pursuant to that Act unless
otherwise authorized by statute or executive order;''.
SEC. 902. INCLUSION OF INTERNATIONAL TERRORIST ACTIVITIES
WITHIN SCOPE OF FOREIGN INTELLIGENCE UNDER
NATIONAL SECURITY ACT OF 1947.
Section 3 of the National Security Act of 1947 (50 U.S.C.
401a) is amended--
(1) in paragraph (2), by inserting before the period the
following: ``, or international terrorist activities''; and
(2) in paragraph (3), by striking ``and activities
conducted'' and inserting ``, and activities conducted,''.
SEC. 903. SENSE OF CONGRESS ON THE ESTABLISHMENT AND
MAINTENANCE OF INTELLIGENCE RELATIONSHIPS TO
ACQUIRE INFORMATION ON TERRORISTS AND TERRORIST
ORGANIZATIONS.
It is the sense of Congress that officers and employees of
the intelligence community of the Federal Government, acting
within the course of their official duties, should be
encouraged, and should make every effort, to establish and
maintain intelligence relationships with any person, entity,
or group for the purpose of engaging in lawful intelligence
activities, including the acquisition of information on the
identity, location, finances, affiliations, capabilities,
plans, or intentions of a terrorist or terrorist
organization, or information on any other person, entity, or
group (including a foreign government) engaged in harboring,
comforting, financing, aiding, or assisting a terrorist or
terrorist organization.
SEC. 904. TEMPORARY AUTHORITY TO DEFER SUBMITTAL TO CONGRESS
OF REPORTS ON INTELLIGENCE AND INTELLIGENCE-
RELATED MATTERS.
(a) Authority To Defer.--The Secretary of Defense, Attorney
General, and Director of Central Intelligence each may,
during the effective period of this section, defer the date
of submittal to Congress of any covered intelligence report
under the jurisdiction of such official until February 1,
2002.
(b) Covered Intelligence Report.--Except as provided in
subsection (c), for purposes of subsection (a), a covered
intelligence report is as follows:
(1) Any report on intelligence or intelligence-related
activities of the United States Government that is required
to be submitted to Congress by an element of the intelligence
community during the effective period of this section.
(2) Any report or other matter that is required to be
submitted to the Select Committee on Intelligence of the
Senate and Permanent Select Committee on Intelligence of the
House of Representatives by the Department of Defense or the
Department of Justice during the effective period of this
section.
(c) Exception for Certain Reports.--For purposes of
subsection (a), any report required by section 502 or 503 of
the National Security Act of 1947 (50 U.S.C. 413a, 413b) is
not a covered intelligence report.
(d) Notice to Congress.--Upon deferring the date of
submittal to Congress of a covered intelligence report under
subsection (a), the official deferring the date of submittal
of the covered intelligence report shall submit to Congress
notice of the deferral. Notice of deferral of a report shall
specify the provision of law, if any, under which the report
would otherwise be submitted to Congress.
(e) Extension of Deferral.--(1) Each official specified in
subsection (a) may defer the date of submittal to Congress of
a covered intelligence report under the jurisdiction of such
official to a date after February 1, 2002, if such official
submits to the committees of Congress specified in subsection
(b)(2) before February 1, 2002, a certification that
preparation and submittal of the covered intelligence report
on February 1, 2002, will impede the work of officers or
employees who are engaged in counterterrorism activities.
(2) A certification under paragraph (1) with respect to a
covered intelligence report shall specify the date on which
the covered intelligence report will be submitted to
Congress.
(f) Effective Period.--The effective period of this section
is the period beginning on the date of the enactment of this
Act and ending on February 1, 2002.
(g) Element of the Intelligence Community Defined.--In this
section, the term ``element of the intelligence community''
means any element of the intelligence community specified or
designated under section 3(4) of the National Security Act of
1947 (50 U.S.C. 401a(4)).
SEC. 905. DISCLOSURE TO DIRECTOR OF CENTRAL INTELLIGENCE OF
FOREIGN INTELLIGENCE-RELATED INFORMATION WITH
RESPECT TO CRIMINAL INVESTIGATIONS.
(a) In General.--Title I of the National Security Act of
1947 (50 U.S.C. 402 et seq.) is amended--
(1) by redesignating subsection 105B as section 105C; and
(2) by inserting after section 105A the following new
section 105B:
``disclosure of foreign intelligence acquired in criminal
investigations; notice of criminal investigations of foreign
intelligence sources
``Sec. 105B. (a) Disclosure of Foreign Intelligence.--(1)
Except as otherwise provided by law and subject to paragraph
(2), the Attorney General, or the head of any other
department or agency of the Federal Government with law
enforcement responsibilities, shall expeditiously disclose to
the Director of Central Intelligence, pursuant to guidelines
developed by the Attorney General in consultation with the
Director, foreign intelligence acquired by an element of the
Department of Justice or an element of such department or
agency, as the case may be, in the course of a criminal
investigation.
``(2) The Attorney General by regulation and in
consultation with the Director of Central Intelligence may
provide for exceptions to the applicability of paragraph (1)
for one or more classes of foreign intelligence, or foreign
intelligence with respect to one or more targets or matters,
if the Attorney General determines that disclosure of such
foreign intelligence under that paragraph would jeopardize an
ongoing law enforcement investigation or impair other
significant law enforcement interests.
``(b) Procedures for Notice of Criminal Investigations.--
Not later than 180 days after the date of enactment of this
section, the Attorney General, in consultation with the
Director of Central Intelligence, shall develop guidelines to
ensure that after receipt of a report from an element of the
intelligence community of activity of a foreign intelligence
source or potential foreign intelligence source that may
warrant investigation as criminal activity, the Attorney
General provides notice to the Director of Central
Intelligence, within a reasonable period of time, of his
intention to commence, or decline to commence, a criminal
investigation of such activity.
``(c) Procedures.--The Attorney General shall develop
procedures for the administration of this section, including
the disclosure of foreign intelligence by elements of the
Department of Justice, and elements of other departments and
agencies of the Federal Government, under subsection (a) and
the provision of notice with respect to criminal
investigations under subsection (b).''.
(b) Clerical Amendment.--The table of contents in the first
section of that Act is amended by striking the item relating
to section 105B and inserting the following new items:
``Sec. 105B. Disclosure of foreign intelligence acquired in criminal
investigations; notice of criminal investigations of
foreign intelligence sources.
``Sec. 105C. Protection of the operational files of the National
Imagery and Mapping Agency.''.
SEC. 906. FOREIGN TERRORIST ASSET TRACKING CENTER.
(a) Report on Reconfiguration.--Not later than February 1,
2002, the Attorney General, the Director of Central
Intelligence, and the Secretary of the Treasury shall jointly
submit to Congress a report on the feasibility and
desirability of reconfiguring the Foreign Terrorist Asset
Tracking Center and the Office of Foreign Assets Control of
the Department of the Treasury in order to establish a
capability to provide for the effective and efficient
analysis and dissemination of foreign intelligence relating
to the financial capabilities and resources of international
terrorist organizations.
(b) Report Requirements.--(1) In preparing the report under
subsection (a), the
[[Page H6758]]
Attorney General, the Secretary, and the Director shall
consider whether, and to what extent, the capacities and
resources of the Financial Crimes Enforcement Center of the
Department of the Treasury may be integrated into the
capability contemplated by the report.
(2) If the Attorney General, Secretary, and the Director
determine that it is feasible and desirable to undertake the
reconfiguration described in subsection (a) in order to
establish the capability described in that subsection, the
Attorney General, the Secretary, and the Director shall
include with the report under that subsection a detailed
proposal for legislation to achieve the reconfiguration.
SEC. 907. NATIONAL VIRTUAL TRANSLATION CENTER.
(a) Report on Establishment.--(1) Not later than February
1, 2002, the Director of Central Intelligence shall, in
consultation with the Director of the Federal Bureau of
Investigation, submit to the appropriate committees of
Congress a report on the establishment and maintenance within
the intelligence community of an element for purposes of
providing timely and accurate translations of foreign
intelligence for all other elements of the intelligence
community. In the report, the element shall be referred to as
the ``National Virtual Translation Center''.
(2) The report on the element described in paragraph (1)
shall discuss the use of state-of-the-art communications
technology, the integration of existing translation
capabilities in the intelligence community, and the
utilization of remote-connection capacities so as to minimize
the need for a central physical facility for the element.
(b) Resources.--The report on the element required by
subsection (a) shall address the following:
(1) The assignment to the element of a staff of individuals
possessing a broad range of linguistic and translation skills
appropriate for the purposes of the element.
(2) The provision to the element of communications
capabilities and systems that are commensurate with the most
current and sophisticated communications capabilities and
systems available to other elements of intelligence
community.
(3) The assurance, to the maximum extent practicable, that
the communications capabilities and systems provided to the
element will be compatible with communications capabilities
and systems utilized by the Federal Bureau of Investigation
in securing timely and accurate translations of foreign
language materials for law enforcement investigations.
(4) The development of a communications infrastructure to
ensure the efficient and secure use of the translation
capabilities of the element.
(c) Secure Communications.--The report shall include a
discussion of the creation of secure electronic
communications between the element described by subsection
(a) and the other elements of the intelligence community.
(d) Definitions.--In this section:
(1) Foreign intelligence.--The term ``foreign
intelligence'' has the meaning given that term in section
3(2) of the National Security Act of 1947 (50 U.S.C.
401a(2)).
(2) Element of the intelligence community.--The term
``element of the intelligence community'' means any element
of the intelligence community specified or designated under
section 3(4) of the National Security Act of 1947 (50 U.S.C.
401a(4)).
SEC. 908. TRAINING OF GOVERNMENT OFFICIALS REGARDING
IDENTIFICATION AND USE OF FOREIGN INTELLIGENCE.
(a) Program Required.--The Attorney General shall, in
consultation with the Director of Central Intelligence, carry
out a program to provide appropriate training to officials
described in subsection (b) in order to assist such officials
in--
(1) identifying foreign intelligence information in the
course of their duties; and
(2) utilizing foreign intelligence information in the
course of their duties, to the extent that the utilization of
such information is appropriate for such duties.
(b) Officials.--The officials provided training under
subsection (a) are, at the discretion of the Attorney General
and the Director, the following:
(1) Officials of the Federal Government who are not
ordinarily engaged in the collection, dissemination, and use
of foreign intelligence in the performance of their duties.
(2) Officials of State and local governments who encounter,
or may encounter in the course of a terrorist event, foreign
intelligence in the performance of their duties.
(c) Authorization of Appropriations.--There is hereby
authorized to be appropriated for the Department of Justice
such sums as may be necessary for purposes of carrying out
the program required by subsection (a).
TITLE X--MISCELLANEOUS
SEC. 1001. REVIEW OF THE DEPARTMENT OF JUSTICE.
The Inspector General of the Department of Justice shall
designate one official who shall--
(1) review information and receive complaints alleging
abuses of civil rights and civil liberties by employees and
officials of the Department of Justice;
(2) make public through the Internet, radio, television,
and newspaper advertisements information on the
responsibilities and functions of, and how to contact, the
official; and
(3) submit to the Committee on the Judiciary of the House
of Representatives and the Committee on the Judiciary of the
Senate on a semi-annual basis a report on the implementation
of this subsection and detailing any abuses described in
paragraph (1), including a description of the use of funds
appropriations used to carry out this subsection.
The SPEAKER pro tempore. The gentleman from Wisconsin (Mr.
Sensenbrenner) and the gentleman from Virginia (Mr. Scott) each will
control 30 minutes of debate on the bill, as amended.
The Chair recognizes the gentleman from Wisconsin (Mr.
Sensenbrenner).
General Leave
Mr. SENSENBRENNER. Mr. Speaker, I ask unanimous consent that all
Members may have 5 legislative days within which to revise and extend
their remarks, and to include extraneous material on H.R. 2975, the
bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Wisconsin?
There was no objection.
Mr. SENSENBRENNER. Mr. Speaker, I yield myself 10 minutes.
Mr. Speaker, on September 11, 2001, a war was started on United
States soil. It was not a war we voluntarily entered. It was not a war
we started. We were not given a choice. We were dragged into a war that
day, a war on terrorism.
Every day since September 11, we are reminded of these violent acts.
The media reminds us daily with pictures of the missing, interviews
with survivors, films of the many memorial services, and images of the
massive destruction. We are constantly reminded that this is a war that
is far from over. The rules of this war are vastly different from the
wars that we have fought as a country in the past. We are uncertain who
the enemy is. We are uncertain where the enemy is. We are more
uncertain than ever before when and what the next move of the enemy
will be.
Because of this uncertainty, we have had to change the way that we
think about the safety and security of our country and its people. We
must develop new weapons for protection against this new kind of war.
It is this new approach to safety and security that has required us
to take action today. This bipartisan legislation will give law
enforcement new weapons to fight this new kind of war. Terrorists have
weapons that law enforcement cannot protect against right now.
Technology has made extraordinary advances; but with these advances in
the wrong hands, we are more vulnerable to attacks.
Indeed, it cannot be denied that law enforcement tools created
decades ago were crafted for rotary telephones, not e-mail, the
Internet, mobile communications, and voice mail. Thus, this
legislation, like the previous Committee on the Judiciary version and
Senate 1510, modernizes surveillance capabilities by ensuring that pen
register and trap and trace court orders apply to new technologies,
such as the Internet, and can be executed in multiple jurisdictions
anywhere in the United States.
Criminal provisions dealing with stored electronic communications
will be updated to allow law enforcement to seize stored voice-mail
messages the same way they can seize a taped answering machine message.
Additionally, under this bill, a court may authorize a pen register or
trap/trace order that follows the person from cell phone to cell phone
rather than requiring law enforcement to return to court every time the
person switches cell phones. The bill, consistent with our
constitutional system of government, still requires a judge to approve
wiretaps, search warrants, pen registers, and trap/trace devices.
Like the Committee on the Judiciary reported bill, this new bill
continues to provide for nationwide service of warrants for electronic
evidence, such as content of e-mails, and search warrants for
terrorism. Current rules require that a search warrant be issued from
the judicial district in which the property to be searched is located.
The bill would change this to permit the prosecutor to go to the judge
in the district overseeing the investigation to issue the warrant, and
in the case for search warrants for terrorism offenses, in any district
in which activities related to terrorism occurred. This will save
valuable time.
[[Page H6759]]
It is clearly within the public interest and the Federal Government's
mandate to keep out of the United States persons who are intent on
inciting or engaging in terrorist activities. This bill furthers that
goal by expanding the definitions related to terrorist organizations.
Under current law, unless otherwise specified, an alien is inadmissible
and deportable for engaging in terrorist activities only when the alien
has used explosives or firearms. This act eliminates that limitation so
that any terrorist who has used any object, including a knife, a box-
cutter, or an airplane, would be inadmissable and deportable.
Under the current regulatory regime, the INS can detain an alien for
48 hours before making a decision as to charging the alien with a crime
or removable offense. The INS uses this time to establish an alien's
true identity, to check foreign and domestic databases for information
about the alien, and to liaise with law enforcement agencies.
This act extends that time period to 7 days so that the INS is not
forced to release a terrorist simply because it has not had adequate
time to do a thorough investigation.
The substantive criminal law statutes are also toughened in order to
treat crimes of terrorism with the same level of importance as the most
serious crimes in our country. Some of these new provisions include no
statutes of limitations for the most serious crimes of terrorism,
allowing a judge to sentence a terrorist to prison for any number of
years up to life for any offense that is defined as a ``Federal
terrorism offense,'' and subjecting persons convicted of conspiracy to
commit terrorism to the same penalties as those who actually commit the
offense. Any person convicted of a terrorism offense will now be under
supervision for as long as the court determines is necessary, including
up to life.
The act also expands the definition of support for terrorism for
which a person can be prosecuted to include providing expert advice to
terrorists and harboring or concealing a suspected terrorist.
This new bill also continues the compromise language between current
law and the administration's initial proposal for the showing needed
for FISA, the Foreign Intelligence Surveillance Act, investigations
using wiretaps. Current FISA law requires that in order to obtain a
FISA wiretap, the Attorney General must certify that the gathering of
foreign intelligence is the purpose or a primary purpose of the
investigation.
The administration draft wanted to change this to only require a
certification that it was a purpose. This bill requires the Attorney
General must certify that it is a significant purpose.
Furthermore, this bill, like the Committee on the Judiciary reported
bill, provides for roving wiretaps for FISA investigations. Currently
under FISA, the government must identify and get a separate order for
each phone to be tapped. This provision allows the government to make a
showing to a court that the target is changing phones to thwart the
tap, and to allow the court to authorize taps of any phones which the
target may use. This provision is consistent with current criminal law.
Importantly, the bill does not do anything to take away the freedoms
of innocent citizens. Of course we all recognize that the fourth
amendment to the Constitution prevents the government from conducting
unreasonable searches and seizures, and that is why this legislation
does not change the United States Constitution or the rights guaranteed
to citizens of this country under the Bill of Rights.
We should keep in mind that the Preamble to the Constitution states
that it was ordained to establish justice, ensure domestic tranquility,
provide for the common defense, promote the general welfare, and to
secure the blessings of liberty.
Well, let me say, on September 11, our common defense was penetrated,
and America's tranquility, welfare, and liberty were ruthlessly
attacked. I urge the Members of this body to stand united together in
recognition of the important purpose we must serve in preventing
terrorist attacks in the future and prosecuting those who have already
attacked us.
Mr. Speaker, I would like to say a little bit about the road this
legislation has traveled on the way to the floor today. The road was
relatively short, but certainly not without its twists and turns. Along
the way, the legislation has been the subject of intense negotiation
between House Republicans and Democrats, the administration, Members
from the other body, and our leaders here in the House. After a 36 to
nothing markup in the House Committee on the Judiciary last week and
the introduction of a bipartisan antiterrorism bill in the other body,
we were faced with trying to reconcile two different bipartisan bills,
one of which garnered stronger support by the administration.
However, our goal remains clear, to quickly come to agreement on
legislation that will provide our law enforcement and intelligence
officials with new tools necessary to more effectively battle terrorism
and other crimes.
{time} 1430
The bill before us now makes several changes to the bill passed by
the other body last night, although most core provisions are very
similar or are identical to the bill reported by the Committee on the
Judiciary last week. Indeed, S. 1510 incorporated many of our
committee's provisions. Most importantly, this bill preserves a sunset
over many provisions of the bill. It is longer than the 2-year sunset
contained in the bill passed by the Committee on the Judiciary; but,
nonetheless, I believe it does the trick. It should keep the Department
of Justice in line while providing Congress the opportunity to conduct
effective oversight over the implementation and use of these new law
enforcement authorities.
Mr. Speaker, this has not been the ideal process, and the legislation
before us now does not represent a perfect compromise. However, the
work of the House Committee on the Judiciary over the past 3 weeks has
greatly improved upon the original Justice Department proposal. I
believe it now responsibly addresses many of the shortcomings of the
current law and improves law enforcement's ability to prevent future
terrorism activities and the preliminary crimes which further such
activities while preserving the civil rights of our citizens.
I urge my colleagues to support this bipartisan effort.
Mr. Speaker, I reserve the balance of my time.
The SPEAKER pro tempore (Mr. Nethercutt). Without objection, the
gentleman from Michigan (Mr. Conyers) is recognized to control the
time.
There was no objection.
Mr. CONYERS. Mr. Speaker, I am pleased to begin our discussion by
yielding 3 minutes to the distinguished gentleman from North Carolina
(Mr. Watt).
Mr. WATT of North Carolina. Mr. Speaker, like every American citizen,
the emotions that we as Members of Congress and I personally have gone
through over the last 31 days since September 11 have spanned the whole
course.
As I saw the buildings crash in New York, I wondered whether the
terrorists would prevail, only to see the firefighters and police
officers and rescue workers spring to their work, lift their shoulders,
observe my colleagues on the steps of the House of Representatives that
evening singing ``God Bless America'' and raise my head and say, we
will prevail over them.
When I heard the Attorney General come and say we had to pass an
antiterrorism bill in 2 days following that, I wondered whether the
terrorists would prevail. And the admiration that I had for our
committee chairman, the gentleman from Wisconsin, and the ranking
member of our committee as they stood and said, we cannot do this in
the heat of passion, we must honor the constitutional requirements,
caused me to raise my head and say, we will prevail.
When I saw the incidents around the country of attacks on Arabs and
Muslim mosques, I wondered whether the terrorists would succeed. And
with pride I saw my President spring and say, ``We cannot tolerate this
kind of attack on our people,'' and I raised my head with pride.
On the floor of this House, I saw Secretary Colin Powell and
Secretary Rumsfeld come and brief us and say that we are approaching
this methodically; and I raised my head with pride and said, we will
prevail.
Today, we have another test in this House to determine whether we
will
[[Page H6760]]
stand strong in support of our constitutional rights and be able at the
end of this debate to raise our heads with pride and not to cower to
the terrorists and give away the constitutional rights that our
Founding Fathers have given to us.
This bill in my estimation goes too far in giving away those rights.
I ask my colleagues to consider carefully the provisions of this bill
and its implications for whether we prevail in our fight against
terrorism.
Mr. SENSENBRENNER. Mr. Speaker, I yield such time as he may consume
to the gentleman from Texas (Mr. Smith).
(Mr. SMITH of Texas asked and was given permission to revise and
extend his remarks.)
Mr. SMITH of Texas. Mr. Speaker, I thank the chairman of the
Committee on the Judiciary for yielding time.
Mr. Speaker, as chairman of the Subcommittee on Crime, I support this
legislation.
Security is valued, yet it is often unappreciated until taken away.
What happened on September 11, 2001, has made us feel like we lost our
sense of security. It doesn't have to be that way.
We are united like never before, resolved to defeat terrorism and
protect American lives. We seek a return to ``normal,'' although the
word normal takes on a new meaning now. Law enforcement officials need
all the necessary tools to confront the daunting tasks ahead. The
administration initially offered a strong antiterrorism bill that would
have helped bring terrorists to justice. The Attorney General asked for
measures he believed would reduce the threat of terrorist attacks.
Unfortunately, some in the administration disregarded the public
mandate for increased safety and agreed to weaken the bill.
However, the legislation does make improvements in current law.
Intelligence Gathering--The bill expands law enforcement's ability to
obtain wiretaps and ``trap and trace'' authority, which is a method
used to identify the origin of a message. (This component was added
from legislation I had previously introduced.)
Criminal Justice--The bill expedites court proceedings and increases
penalties related to terrorism.
Financial Infrastructure--The bill expands the law to allow seizure
of assets of terrorist organizations.
Information Sharing--The bill promotes interagency cooperation so
that data is shared among agencies and used to its fullest extent.
Border Security--The bill authorizes additional funds to the INS for
purposes of making improvements in technology for monitoring both the
northern and southern borders and triples the number of Border Patrol
personnel in each state along the northern border.
It is critically important to implement solutions to combat the
threats to America. This antiterrorism legislation reduces our
vulnerability to terrorist attacks, though it should have done more.
Mr. SENSENBRENNER. Mr. Speaker, I yield 3 minutes to the gentleman
from Illinois (Mr. Hyde), the distinguished chairman emeritus of the
Committee on the Judiciary.
Mr. HYDE. Mr. Speaker, I thank the gentleman from Wisconsin for
yielding time; and I want, before I launch into my remarks, to
congratulate him and the gentleman from Michigan for a thoroughly
professional, workmanlike job in shepherding this complicated bill
through the committee. They came out with a wonderful work product
despite all of the difficulties and pressures and anxieties. I am very
proud of both of them as Members of the House.
I do support this bill, but I am disappointed that the process by
which it came to the floor has resulted in the omission of a number of
antiterrorism measures that are important to the Committee on
International Relations and of personal interest to me. In saying this,
I direct no criticism to my colleagues on the Committee on the
Judiciary. To the contrary, throughout this process there has been
excellent cooperation between the Committee on International Relations
and the Committee on the Judiciary and between the gentleman from
Wisconsin (Mr. Sensenbrenner), the gentleman from Michigan (Mr.
Conyers), the gentleman from California (Mr. Lantos), and myself. I
especially want to commend the gentleman from California for his
patient efforts to work with us and for the bipartisan spirit in which
he approached this project.
We did not mark up this legislation within the Committee on
International Relations, even though we had jurisdiction to do so.
Instead, the gentleman from California and I jointly filed an amendment
with the Committee on Rules seeking to add provisions to the bill that
we believe would have been approved by our committee had we marked up
the measure. Our amendment included provisions designed to improve U.S.
monitoring of foreign terrorist organizations and of foreign countries
that provide direct or indirect support to such organizations.
Regrettably, the rule has not made our amendment in order.
In addition, our committee on a bipartisan basis proposed a number of
refinements to provisions within our jurisdiction that were requested
by the administration. These refinements were largely technical in
nature, relating to such matters as the vesting of foreign assets under
the International Emergency Economic Powers Act and the sharing of U.S.
visa information with foreign governments. But they were important to
us, and we were pleased that the Committee on the Judiciary agreed to
include them in their version of this bill. Regrettably, these
refinements have also been left out of the bill now before us.
Finally, the version of this bill that was approved by the Committee
on the Judiciary included three amendments offered by me relating to
money laundering, counternarcotics training in Central Asia and other
matters. All three of these amendments were omitted from H.R. 3108.
I know the gentleman from California joins me in saying that the bill
before us is much weaker than it would have been had it included the
proposals we developed. I hope to work with him to correct this through
separate legislation that we can move quickly through the Committee on
International Relations. I hope our colleagues on the Committee on the
Judiciary will work with us to expedite our efforts.
Again, I congratulate the gentleman from Wisconsin (Mr.
Sensenbrenner), the gentleman from Michigan (Mr. Conyers), and the
gentleman from California (Mr. Lantos).
Mr. CONYERS. Mr. Speaker, no one has worked with more energy and
thoughtfulness than the gentleman from Virginia (Mr. Scott) to whom I
yield 2 minutes.
Mr. SCOTT. Mr. Speaker, there are a lot of provisions of this bill
that ought to cause concern. One is the wiretap provision, because we
have changed several provisions which, taken together, represent a
fundamental attack on principles of privacy.
One change we made is to allow Federal investigators to share
information from intelligence-gathering and criminal investigation.
That is important because under foreign intelligence gathering, the
standard is intelligence gathering. For the crime, you need probable
cause that a crime has been committed. Since they cannot share, this
has never been a problem. But now that we are allowing them to share
information, you could essentially conduct a criminal investigation
using the FISA standard.
We also then reduced the standard under foreign intelligence wiretap.
It used to be that it had to be the primary purpose of the wiretap.
Under this bill, it can be a significant purpose. Obviously not the
primary purpose. And what is the primary purpose? If it is criminal
investigation, then you ought to have had probable cause to get the
warrant; and if you do not have probable cause, that is not the way we
ought to be investigating crimes.
Third, we have this roving wiretap where you can assign the wiretap
to the person and the wiretap follows the person. That means that
wherever the person goes, whatever phone that the person uses, you can
tap that phone, neighbors, pay phones, anybody else; and therefore you
have a situation where innocent people who may also be using that phone
will have their conversations listened in on. I will note that this is
not limited to terrorism, and it is not even limited to criminal
activity.
The language in this bill needs improvement. That is why we at least
insisted on a short sunset that has been expanded to a full 5 years. We
need time to reconsider and draft legislation without the rush that
this bill has been subjected to. We need to make sure that we have a
bill that we can be proud of. The Committee on the Judiciary had a
bill; we ought to go back to that bill. But we ought to be concerned
[[Page H6761]]
about the wiretap provisions under this legislation.
Mr. CONYERS. Mr. Speaker, one of the most thoughtful members of our
committee and of the Congress is the gentleman from Massachusetts (Mr.
Frank) to whom I yield 2 minutes.
Mr. FRANK. Mr. Speaker, we recognize that the chairman of the full
committee tried hard to preserve some of our process; but powers
beyond, it seem to me, his control have given us the least democratic
process for debating questions fundamental to democracy I have ever
seen.
But I want to get to substance while continuing to deplore this
outrageous and unfair procedure whereby the product that we voted on in
committee cannot even be offered. No amendments. No amendments.
But I want to explain what the substantive problem is. What we
decided to do in committee, correctly, was to give to the law
enforcement officials all the expanded powers they asked for, because
we want to be protected. And electronic evolution requires an evolution
in the powers. But we simultaneously tried to put into effect a full
set of safeguards to minimize the chance that human beings, fallible
ones, would abuse the powers.
The problem is that the bill before us today preserves the fullness
of the powers, but substantially weakens the safeguards against the
misuse of the powers. The major safeguard was the sunset. Knowing that
within 2 years they would have to come back for a renewal of these
powers was the best way to build into the bureaucracy respect and avoid
abuse. A 5-year sunset greatly diminishes that. They can figure, hey,
we have got a couple of years and if we come in in the fifth year and
we can say, Well, there weren't any problems lately, that is one thing.
This bill may well not, in fact, be the final bill. It could go to
conference with the Senate, which has no sunset at all and that sunset
may recede into the sunset. We also created an Assistant Inspector
General and called it an Assistant Inspector General for the purposes
of trying to monitor this. That office has been downgraded.
We are trying to do something very delicate. We are trying to empower
law enforcement and simultaneously put constraints on them. A bill that
gives the full powers and weakens the constraints is an inadequate
bill.
Mr. SENSENBRENNER. Mr. Speaker, I yield 2 minutes to the gentleman
from Virginia (Mr. Goodlatte).
Mr. GOODLATTE. Mr. Speaker, I thank the chairman for his hard work on
this legislation, as well as the ranking member.
If I might ask the chairman, it is my understanding from committee
staff that the report language which was very important in the way the
committee crafted this legislation in clarifying certain points, that
the rule is written so that that report language will be incorporated
into the final product that will be reported from the House.
Mr. SENSENBRENNER. Mr. Speaker, will the gentleman yield?
Mr. GOODLATTE. I yield to the gentleman from Wisconsin.
Mr. SENSENBRENNER. The gentleman is correct. The report will follow
this bill.
{time} 1445
Mr. GOODLATTE. Mr. Speaker, reclaiming my time, the recent attacks on
the World Trade Center and the Pentagon have permanently changed
America. September 11, 2001, was the clarion call to arms in a new war
against terrorism. Our law enforcement operatives will need new tools
to fight this war, and Congress must respond.
The world we live in since September 11 will require us to be more
patient, to be more careful, and to tolerate more inconveniences.
However, we must be careful not to trade our personal freedoms for the
promise of security. Once we have sacrificed the civil liberties that
our Nation was founded on, then and only then have we allowed terrorism
to defeat us.
I would like to commend the gentleman from Wisconsin (Chairman
Sensenbrenner) and the other members of the committee for their
dedication to crafting a bipartisan bill that will give law enforcement
the tools it needs to fight a war on terrorism while still protecting
the civil liberties of Americans.
The bill was unanimously passed out of the Committee on the Judiciary
and is a product of much deliberation and compromise. While not
perfect, it achieves a difficult balance between providing law
enforcement with the tools it needs to wage an effective war against
terrorism and the protection of American's civil liberties.
The version that has been brought to the floor of the House does not
contain everything that I would like it to contain that was in the
Committee on the Judiciary version, but it is still a strong and solid
bill; and I commend the chairman and the ranking member for their work
to incorporate as much of the committee's language into this final
product as possible.
I urge Members to support this legislation.
The recent attacks on the World Trade Center and Pentagon have
permanently changed America. September 11, 2001 was the clarion call to
arms in a new war against terrorism. Our law enforcement operatives
will need new tools to fight this war and Congress must respond.
The world that we live in since September 11th will require us to be
more patient, to be more careful and to tolerate more inconveniences.
However, we must be careful not to trade our personal freedoms for the
promise of security. Once we have sacrificed the civil liberties that
our Nation was founded on, then and only then have we allowed terrorism
to defeat us.
I would like to commend Chairman Sensenbrenner and Ranking Member
Conyers for their dedication to crafting a bipartisan bill that would
give law enforcement the tools it needs to fight a war on terrorism
while still protecting the civil liberties of Americans.
The bill that was unanimously passed out of the Judiciary Committee
is the product of much deliberation and compromise. While not perfect,
it achieves a difficult balance between providing law enforcement with
the tools it needs to wage an effective war against terrorism and the
protection of American's civil liberties.
The PATRIOT Act clarifies that orders for the installation of pen
register and trap and trace devices apply to a broad variety of
communications technologies, including the Internet. An issue of
particular concern to me that was raised during the crafting of the
Judiciary-passed bill is the clarification that these devices may not
capture content information.
I commend the Chairman and Ranking Member for including statutory
language in the Judiciary bill that makes this clarification. Language
stating that these devices may not capture the contents of any
communication is also included in the bill that is before us today.
Mr. CONYERS. Mr. Speaker, I yield 2 minutes to the gentlewoman from
California (Ms. Lofgren), a thoughtful member of our committee that has
worked on many of the important ideas that have helped shape our
legislative product.
Ms. LOFGREN. Mr. Speaker, I do have concerns about the measure before
us; but before touching on those concerns, I would like to state here
publicly the esteem I have for the gentleman from Wisconsin (Mr.
Sensenbrenner), the chairman of the committee, as well as the gentleman
from Michigan (Mr. Conyers), the ranking member. They have really
conducted themselves in the very finest manner possible, and I am proud
to be serving in this House with the two of them.
We worked together on the Committee on the Judiciary understanding
that we need to do everything we can to make sure that law enforcement
has all the tools necessary to keep our country safe, and we came out
with a good measure. It may not be a perfect measure. But there are
risks inherent in some of the changes we made, and most particularly
the changes made in the area of FISA that my colleague the gentleman
from Virginia (Mr. Scott) basically mentioned.
We are changing the way we deal with the fourth amendment, and we
were prepared to do that in the Committee on the Judiciary, provided
that we had a review. We had a 2-year sunset clause on that FISA
section. Because we are on new ground here, we may be on thin ice; and
we wanted to make sure that we force ourselves to review that provision
so that the freedoms of Americans are not destroyed as we fight to
destroy the terrorists. I am very concerned that the sunset provision
relative to FISA and the fourth amendment has not been adhered to in
this bill, and I feel obliged to mention that.
Also, as the gentleman from Illinois (Mr. Hyde) mentioned, we could
have
[[Page H6762]]
had a much tougher bill. We could have given much greater authority in
some areas, and we would have had a unanimous vote actually among the
Committee on the Judiciary on this floor perhaps for some of those.
So I have concerns, but I do very much honor the chairman and ranking
member for their efforts.
Mr. SENSENBRENNER. Mr. Speaker, I yield 2 minutes to the gentleman
from Tennessee (Mr. Bryant).
Mr. BRYANT. Mr. Speaker, I thank the chairman for yielding me time.
As we consider today the expansion of Federal law enforcement powers,
I am reminded that as we redefine this often-delicate balance between
our country's national defense and individual rights, we must be very
careful.
I have over the years, though, become convinced that some adjustments
are needed to our criminal law. Given the significantly greater ability
of the criminal, particularly the terrorists, to freely operate
worldwide, and given the advancing technology of communications, simply
put, the laws that we have are no longer adequate for the good guys to
keep up with the bad guys. At this time I think it is very appropriate
that the good guys get the edge once again.
This PATRIOT bill, H.R. 2975, I believe is a balanced approach to our
fight against terrorism. I believe it is an appropriate response to a
very real problem. Neither our constitutional rights nor our
fundamental rights of privacy are dismissed. Please keep in mind we are
not waiving in any way or voiding the Constitution today. The
provisions of this PATRIOT bill will undoubtedly be tested and must
withstand challenge in a court of law. I believe they will meet the
constitutional test.
But for now, the ability of our law enforcement to uncover and ferret
out, particularly acts of terrorism, these abilities are enhanced with
this bill. Clearly this is needed. The Attorney General, the chief law
enforcement officer on the Federal level in this country, has asked for
this bill; and I believe it should be an effective one in preventing
more tragic events like those that occurred September 11.
I urge my colleagues to be in support of this bill.
I close with a statement by Thomas Paine on another September 11,
some 224 years ago, when he said, ``Those who expect to reap the
blessings of freedom, must, like men, undergo the fatigues of
supporting it.''
Mr. CONYERS. Mr. Speaker, I yield 2 minutes to the gentleman from
Idaho (Mr. Otter), whom I am inviting to speak out of order for a
special reason.
Mr. OTTER. Mr. Speaker, I thank the gentleman from Michigan for this
courtesy.
Mr. Speaker, I rise as many others have already said today to
congratulate the chairman of the committee and the ranking member for
the great work and the great task which they undertook. However, Mr.
Speaker, I cannot support this effort. I do support Governor Ridge, and
I do support Attorney General Ashcroft and the President of the United
States. However, Mr. Speaker, I feel like this bill goes way too far.
Some of the provisions place more power in the hands of law
enforcement than our Founding Fathers could have ever dreamt.
Nationwide warrants and secret courts would have been familiar to the
Founding Fathers, Mr. Speaker, because they fought against those very
institutions when they fought the British.
This bill promises security, but Americans need to be secure with
their liberties. This bill promises safety, but Americans are only safe
if they are free.
Mr. Speaker, others have said it more eloquently than I. Patrick
Henry, for instance, said it when he said, ``I have but one lamp which
guides my feet, and that is the lamp of experience. I know of no way of
judging the future but by the past. And judging by the past, I wish to
know what there has been in the conduct of the British ministry for the
last ten years to justify those hopes which gentlemen now today are
pleased to solace themselves.''
John Stewart Mill said, ``A people may prefer a free government, but
if from indolence, or carelessness, or cowardice, or want of public
spirit, they are unequal to the exertions necessary for preserving it;
if they will not fight for it when it is directly attacked; if they can
be deluded by the artifices used to cheat them out of their liberties;
if by momentary discouragement or temporary panic or a fit of
enthusiasm for an idea or an individual, they can be deluded to lay
their liberties at the feet of even a great man, or trust him with
powers which enable them to subvert their institutions, in all these
cases they are more or less unfit for liberty.''
I urge my colleagues to listen to the voices of these patriots and
reject the so-called ``PATRIOT'' Act. I support my President, I support
law enforcement, but I also support the fundamental rights and
liberties of the American people.
I include the following for the Record.
Partial List of Federal Law Enforcement Agencies
Border Patrol.
ATF.
Capitol Police.
Coast Guard.
Customs.
Defense Investigative Service.
Defense Protective Service.
DOD Police.
Drug Enforcement Agency.
EPA.
FAA.
FBI.
Bureau of Prisons.
FDIC Basic Inspectors.
GSA.
INS.
IRS.
U.S. Marshals.
National Park Service.
Naval Criminal Investigative Service.
U.S. Park Police.
U.S. Postal Investigators.
U.S. Parole Office.
U.S. Army.
BLM.
U.S. Fish and Wildlife Service.
Mr. SENSENBRENNER. Mr. Speaker, I yield 1 minute to the gentleman
from Florida (Mr. Keller).
Mr. KELLER. Mr. Speaker, I rise today as a supporter and original
cosponsor of the PATRIOT anti-terrorism bill. This is a powerful piece
of crime-fighting legislation. It gives the FBI additional tools to go
after terrorists. It creates criminal penalties for people who harbor
terrorists. At the same time, it respects the civil liberties of our
citizens.
Some people say it is not identical to the bill that came out of the
Committee on the Judiciary, on which I serve. It may not be identical,
but it is a good bill. Let us not allow the perfect to be the enemy of
the good.
Recently, President Bush told us that we should take our family on a
vacation to Disney World in Orlando, Florida. I have the happy
privilege of representing Orlando. Since we have a tourism-based
economy, my district has been uniquely hurt by the tragic acts of
September 11. Specifically, because people have been afraid to fly,
theme park workers, convention workers hotel workers, and cab drivers
have lost their jobs.
It is critical to the people in Orlando and across the country that
we pass this anti-terrorism bill to give our citizens a sense of
confidence and security that our skies and country are going to be
safer. I urge my colleagues to vote ``yes'' on this bill.
Mr. CONYERS. Mr. Speaker, I yield 2 minutes to the gentlewoman from
California (Ms. Waters), who is a very effective member of the
Committee on the Judiciary and who played a big role in our original
work product.
Ms. WATERS. Mr. Speaker, I rise in strong opposition to this bill.
This is a Senate bill that was voted out at 3 a.m. this morning. This
bill is quite different than the bill passed by the House Committee on
the Judiciary. Under the rules of the House, the Committee on the
Judiciary's bill should have been heard on this floor and the
differences between this bill and the House bill should have been
worked out in a conference committee.
Mr. Speaker, we had a bipartisan bill, and John Ashcroft destroyed
it. The Attorney General has fired the first partisan shot since
September 11.
Mr. Speaker, both Democrats and Republicans worked hard to come up
with a bipartisan bill. Attorney General John Ashcroft undermined the
work of the Republican committee chairman, the gentleman from Wisconsin
(Mr. Sensenbrenner), and the Democratic ranking member, the gentleman
from Michigan (Mr. Conyers).
Mr. Speaker, I serve on the Committee on the Judiciary. I consented
to some policies I did not particularly
[[Page H6763]]
care for. For the good of the House I compromised. Some of the
Republicans on that committee compromised also. We had a bipartisan
bill.
The bill before us today is a faulty and irresponsible piece of
legislation that undermines our civil liberties and disregards the
Constitution of the United States of America.
This bill takes advantage of the trust that we have placed in this
administration. Our law enforcement and intelligence community have all
of the laws and all of the money that they need to do their job. Mr.
Speaker, they failed us; and now this Attorney General is using this
unfortunate situation to extract extraordinary powers to be used beyond
dealing with terrorism, laws that he will place into the regular
criminal justice system.
The question to be answered today is can we have good intelligence
and investigations and maintain our civil liberties? This bill says no.
I say yes. Let us not give away our privacy. Let us not undermine our
constitutional rights.
The gentleman did not finish the quote by Patrick Henry. He said:
``Give me liberty or give me death.'' I say the same today. Vote ``no''
on this bill.
Mr. SENSENBRENNER. Mr. Speaker, I yield 2 minutes to the gentleman
from Utah (Mr. Cannon).
Mr. CANNON. Mr. Speaker, I rise today in support of today's version
of the anti-terrorism legislation. It represents a significant
improvement over both the draft administration legislation and the
Senate version passed last night. The bill strikes an appropriate
current balance between civil liberties and providing the Government
with the tools needed to protect our Nation to win this war on
terrorism.
The process used to craft the bill could have been better, and I am
disappointed in some aspects of the final product. In fact, we did
better with the Committee on the Judiciary bill reported unanimously.
I would like to thank the gentleman from Wisconsin (Chairman
Sensenbrenner) and also the ranking member, the gentleman from Michigan
(Mr. Conyers), who both, along with their staffs, worked very hard to
keep key compromises in the legislation that is now before us.
I know that the gentleman from Wisconsin (Chairman Sensenbrenner)
fought tirelessly over the last few days to preserve our committee's
consensus legislation, or many of the elements. Among the key elements,
improvements which are made and preserved in today's bill, are a 5-year
sunset for the bill's most difficult provisions; an explicit
prohibition on capturing content information from electronic
communications under pen register and trap-and-trace authorities; a no-
technology mandate that ensures communication providers cooperating
with law enforcement do not have to bear needless burdens; immigration
provisions that should prevent indefinite detention of innocent parties
and provide relief to immigrant victims of the September 11 attack.
However, many important changes added by the Committee on the
Judiciary to fight terrorism and compensate victims were left on the
cutting room floor last night. In particular, I added an amendment at
markup to allow access to frozen assets of terrorist sponsor states for
American victims after they obtained judgments from U.S. courts.
{time} 1500
Unfortunately, today's views reflect the views of the State
Department bureaucrats who insist on protecting the status quo, rather
than helping the victims of state-sponsored terrorism. Justice for
past, present, and future victims of state-sponsored terrorism may have
to wait until another day. But this fight is not over. I intend to
reintroduce that bill in the near future. I urge my colleagues to
support this bill.
Mr. CONYERS. Mr. Speaker, I yield 2 minutes to the very vital,
thoughtful gentlewoman from Houston, Texas (Ms. Jackson-Lee), the
ranking member of the Subcommittee on Immigration and Claims on the
Committee on the Judiciary.
(Ms. JACKSON-LEE of Texas asked and was given permission to revise
and extend her remarks.)
Ms. JACKSON-LEE of Texas. Mr. Speaker, let me first of all
acknowledge the work done by the chairman of this committee, the
gentleman from Wisconsin (Mr. Sensenbrenner), and the gentleman from
Michigan (Mr. Conyers). A lot has been made of the fact that there are
two, two distinct views of our Constitution and maybe some of the
issues, and maybe some views that are very much the same, worked
harmoniously together, which overcome obstructions and presented a bill
to this House. If we could have presented it, that would have made
America proud.
I stand with the Founding Fathers, although many of us were not
created equal at that time. But Alexander Hamilton said there were
various considerations that warn us against an excess of confidence or
an excess of security.
I would like to support this bill because I believe we must bring the
terrorists to justice, and we had a bill that all of America could
stand proud of: one that protected the Constitution, civil liberties,
civil rights, and the Bill of Rights. What American will stand up and
pledge allegiance to the flag, as we did today on this floor, and yet
stomp on civil liberties? None of us.
The legislation we have now does not allow those who are detained to
appeal their case to the Supreme Court. The legislation we have now
does not answer the problem of those who come into this country
legally, with legal visas or visas that have been waived, and yet now
do terroristic acts.
Legislation that I would have offered in amendment would have
provided an enhanced tracking system so that we could find out those
who may have come in with vocational visas or student visas or foreign
visas, and find them where they are.
We realize that this is a country of great diversity, and we needed
language in this bill that says that this is not an attack on Islam,
the Islamic faith, Muslims, or any other faith, or any other ethnic
group. This means that we will not target people unnecessarily. A
person from my State, a doctor, was taken all the way to New York
because of his turban, but yet he was found innocent.
This is a bill we can do better on, America can do better. Let us
stand on our constitutional principles, include hate crimes language in
this. Mr. Speaker, this Nation can do better. I am proud to be an
American, but today I want a bill that stands for what America believes
in.
Today, the House will answer the recent terrorist attacks against the
United States and the world by passing, arguably, the most sweeping
piece of law enforcement legislation of our lifetime. While the rules
and procedures that have let to this legislation began fair and
balanced, the recent process in the Senate, the House Rules Committee
and the version before us today are at best deplorable.
Having said that, the need for anti-terrorism legislation is great.
Indeed, Alexander Hamilton, in Federalist No. 24 noted that ``there are
various considerations that warn us against an excess of confidence or
security,'' not the least of which were and are today the constantly
changing global political landscape and the fragility of our political
ties abroad. Today, we must and will answer this warning.
We must bring to justice the terrorists who targeted the passengers
and crews of Flight 77, Flight 11, Flight 93, and Flight 175; those
serving our great Nation at the Pentagon, both civilian and military,
and the thousands of innocent civilians and rescue workers who were
killed or injured at the World Trade Center and throughout New York
City. These include: 4,815 people reported missing to the New York
Police Department from the World Trade Centers, including the 157
people on the two hijacked planes, 417 confirmed dead, and 366 bodies
identified. In the Pentagon strike, 64 people have been confirmed dead
on the hijacked plane and an additional 125 dead or missing. Lastly, in
the Somerset County, Pennsylvania crash, 44 people have been confirmed
dead. Our fallen brothers and sisters deserve the justice that each and
every one of us in this room has the power to provide. And we will do
it.
Alexander Hamilton warned us in Federalist No. 25 that ``it is a
truth, which the experience of ages has attested, that the people are
always most in danger when the means of injuring their rights are in
the possession of those of whom they entertain the least suspicion.''
Today, despite the travesty of process that has befallen many of us in
Congress, we must heed his warning. We must do so deliberately, with
purpose and with surgical precision. Our goal must be to identify and
correct the precise problems that exist under our current laws which
hinder our investigatory and prosecutoral efforts. If, however, we act
without such due precision, we risk loosing the
[[Page H6764]]
very freedoms, liberties, and constitutional tenants that are the
foundation of this free society and all free societies around the
world--due process, a presumption that people are innocent until proven
guilty, the right to defend oneself and to confront the evidence
against oneself, and the protections of judicial review. If we loose
sight of these simple principles, we have truly lost this war to the
extremists who seek our demise by any means.
The bill before us today eviscerates the work of the House Judiciary
Committee. Most members of that Committee would agree that this bill is
far too sweeping and offensive to the civil liberties that we enjoy in
this country. So while I commend my colleagues in Judiciary for helping
to omit from the House version offensive provisions such as the
provision which would have penalized innocent spouses and children of
inadmissible aliens; the provision which would have provided a simple
``reason to believe'' evidentiary standard as a predicate to mandatory
detention; and for tightening up the ``guilt by association'' section,
I am outraged that our efforts were forsaken.
As Ranking Member of the subcommittee on Immigration and Claims, I
find several immigration provisions particularly offensive.
1. Judicial Review.--Currently, the bill provides for a single
judicial review process in the Federal District Court for the District
of Columbia. This is unfairly burdensome, particularly to people with
little money or resources. My amendment would have provided for such
review in any Federal District Court.
2. CIPRIS Program.--This program deals with acquiring information of
exchange visitors, foreign students, and people admitteed on vocational
visas. Currently it is a fee-based program. My amendment would have
appropriated money for the program and would require that the program
be implemented one year after the passage of this bill. It would have
also required the Attorney General to share this information with the
FBI and the State Department.
3. Targeting (Racial Profiling).--We must study the effects of this
bill in proliferating the deplorable process of racial profiling. To
this end, my amendment would have amended Section 235(a)(3) of the INS
with a new paragraph which states: The GAO shall conduct a study not
later than 2004 to determine the extent to which immigration officers
conducting inspections under 235 of the Immigration and Nationality Act
are targeting individuals based on race, ethnicity and gender.
4. Hate Crimes.--The backlash of the September 11, 2001 attacks have
put American against American. Murders and attacks against citizens
resembling Middle Easterners have occurred. Innocent people died
because they looked like the Islamic extremists allegedly responsible
for the September 11th tragedies. Now, more than ever, we need
legislation to punish crimes motivated by hate against ethnicity,
religion, and gender. These crimes cannot be tolerated. Under my
amendment, a perpetrator who willfully commits a crime motivated by
hate would have been imprisoned a minimum of 10 years or fined, or
both; or imprisoned up to life and fined, or both, if the crime results
in death, kidnapping, or aggravated sexual abuse, or an attempt of any
of these crimes.
5. Sunset Title II.--Currently Title II which deals with detention
and removal of aliens would allow for indefinite detention in some
circumstances. My amendment would have sunset this after a period of
five years after enactment which would preserve the authority of the
Attorney General under Title II. This would have also provided a safety
net that would enable Congress to review the manner in which the
Department of Justice carries out the awesome powers we are giving it.
6. Information Sharing.--Currently, there is a disconnect between the
INS and consular officers abroad. My amendment would have directed the
Attorney General to ensure that the INS acquires the requisite
information technology necessary to permit such consular officer to use
such information for immigration enforcement purposes.
These improvements in the bill would have recognized the importance
of a fair and just legal process for all Americans and for all of our
guests.
These acts of terrorism targeted, not merely Americans, but rather,
they targeted men, women, and children from around the world, killing
hundreds from Britain, more than 130 Israelis, more than 250 from
India, and scores of others from El Salvador, Iran, Mexico, Japan and
elsewhere. Indeed, these were attacks against all people, and against
all humanity. As such, the legislation and the issues before the House
today concerns not only this great Nation's security today, but will
have a profound effect on children, and freedom-loving people around
the world for generations to come.
So while many of us deplore the process that has befallen us, as
Members of Congress, we are united and determined to give our law
enforcement agencies the tools and resources that they need to do the
job; so that we may preserve the freedoms and liberties of all peoples;
so we ensure that justice is delivered swiftly, deliberately, and
without prejudice; and so that we may work towards a world free from
terror, bigotry, and lawlessness.
At the Pentagon services this past Wednesday the President assured us
all that ``[w]e will continue until justice is delivered.'' I hope that
we may assure it by coming together once again as Members of Congress
from both sides of the aisle and from around this great Nation.
Mr. SENSENBRENNER. Mr. Speaker, I yield 2 minutes to the gentleman
from Wisconsin (Mr. Green).
Mr. GREEN of Wisconsin. Mr. Speaker, I thank the gentleman for
yielding time to me.
Let me begin by congratulating the chairman on the work product
before us. Both he and the ranking member have done a wonderful job in
getting us to this point today.
Mr. Speaker, I stand today in strong support of this legislation. I
believe that this legislation balances the need to move quickly with
the need to move carefully.
First, the need to move carefully. If we listen to the rhetoric from
the other side, it sounds like we are making all these dramatic, broad
changes in laws. In fact, what we are doing today primarily is
modernizing our laws, helping law enforcement to deal with evolving
technology and evolving threats.
The good gentlewoman from California said a few moments ago that our
law enforcement has all the tools, all the resources, and all the laws
they need to protect us. I could not disagree more. I think September
11 has proven to us very clearly that we need more resources and more
tools for law enforcement and the Permanent Select Committee on
Intelligence.
The need to move carefully must be balanced with the need to move
quickly. We have deployed forces. We have been threatened with a jihad.
We are still cleaning up the debris of the World Trade Center and the
Pentagon. We must move quickly. We must make sure that we are prepared,
that we are safe, that this will never happen again.
Debate is important; rhetoric is good. We should debate ideas. But
there is also a time and place for action. Today is the time. This is
the place for action. Let us get this done as quickly as we can now.
Let us get this over to the Senate. Let us hope that they act quickly.
Let us get this to the President's desk, and let us get these tools in
the hands of law enforcement. They need it, and our citizens deserve no
less.
Mr. CONYERS. Mr. Speaker, I yield 2\1/2\ minutes to our esteemed
colleague, the gentleman from New York (Mr. Nadler). When tragedy
struck September 11, Mr. Speaker, it was in his district.
(Mr. NADLER asked and was given permission to revise and extend his
remarks.)
Mr. NADLER. Mr. Speaker, last year candidate George Bush pledged to
seek repeal of the secret courts provision of the 1996 antiterrorism
bill because he claimed to understand that the law was passed hastily
and that this provision at least endangered civil liberties without
contributing to national security.
Now the President, the same George Bush, and the leadership of this
House is insisting that we again enact hastily, and again in the name
of national security and antiterrorism, act so hastily as probably to
endanger our civil liberties without necessarily helping our security.
The bill we passed in the Committee on the Judiciary was a balanced
bill that would have enhanced our security without endangering our
civil liberties. Now we have a 187-page bill with a lot of provisions
in it.
What I am about to say I hope is accurate, but I cannot be sure,
because we have only had time to glance quickly through this bill. We
have not had time to properly review it, to send it out to law schools,
to send it out to civil libertarians to get comments back so we can
make an intelligent judgment.
We cannot wait until Tuesday. We passed out the bill from committee
last week. We wasted a whole week, but now we cannot wait 3 days. We
must rush to judgment on this bill.
Let me give three provisions of this bill that look, to a hasty
reading, dangerous.
Section 203 says that ``secret grand jury information can be shared
without
[[Page H6765]]
a court order,'' upsetting all American legal tradition, ``if notice is
given to the court within a reasonable period after the sharing.''
But, of course, the whole point of the current law is that a court,
not some FBI agent, should decide if secret grand jury information is
appropriate for sharing with other agencies. Now the FBI agent decides
it on his own and tells the court later, and the court has nothing to
do except to say thanks for the information.
Section 213 permits law enforcement to delay notification of search
warrants in any criminal investigation. There may be justification for
delaying notification of a search warrant sometimes, but in all
criminal investigations? What does that have to do with terrorism?
Finally, there is a provision in the bill that essentially allows the
Attorney General, by stating he has reasonable grounds to believe that
someone here who is not a citizen, that may be deportable, he has 7
days to start deportation proceedings; but once he does, that person
can stay in jail forever. He can sue under habeas corpus; but if the
court then says, okay, you can keep him in jail, it is not reviewable
again ever.
So they can throw away the key and forget about him forever? Is that
American justice, or is that the Count of Monte Cristo? We ought to
review this bill carefully and not pass it today.
Mr. SENSENBRENNER. Mr. Speaker, I yield 1 minute to the gentlewoman
from Pennsylvania (Ms. Hart).
Ms. HART. Mr. Speaker, we have listened to a lot of comments about
additional measures people would like to see in this antiterrorism
initiative. I believe that further discussions on this initiative and
ways to crack down on terrorism will be constructive. We are certainly
most interested in making our Nation safer.
But as a member of the Committee on the Judiciary, I believe that we
cannot delay the bill simply because it is not everything to everyone.
To delay the bill is to fail to move forward, to fail to move forward
on critical reforms, including giving local, State, and Federal law
enforcement badly needed tools to fight terrorism and protect
Americans.
It would be a failure to move forward on updating our wiretap and
surveillance laws to recollect the advances in technology that have
changed how terrorists communicate and giving them an advantage. It
would be a failure to move forward on allowing the sharing of criminal
information within the intelligence community, coordinating our
resources, and making it harder for terrorists to bury their tracks in
bureaucratic red tape. It would also prevent us from making the simple
but critical change that makes harboring terrorists a crime.
Mr. Speaker, failure to support this bill today is to ignore these
critical and urgently needed changes. I commend the chairman of the
committee, and I commend my colleagues to support them.
Mr. CONYERS. Mr. Speaker, it is my pleasure to yield 2 minutes to the
gentleman from Michigan (Mr. Dingell), the dean of the House.
(Mr. DINGELL asked and was given permission to revise and extend his
remarks.)
Mr. DINGELL. Mr. Speaker, we are considering under a very strange
rule a very strange process which has resulted in a bill which is quite
different than reported by the committee.
I wanted to commend the distinguished chairman and the distinguished
ranking member for the superb work which they did in crafting what I
thought was a very fine bill. Somehow last night we found ourselves
with a bill on our hands which is quite different than that which was
presented to the House by the committee, after very thoughtful and
careful work leading to an overwhelming bipartisan vote.
What we are doing today is not considering just a few simple
questions like expenditures of money. We are dealing today with basic
constitutional rights. Ordinarily these are matters of the highest
importance and are considered with great care under a rule, in an open
process, because, after all, these are the things upon which Americans
rely for their personal security and for their understanding that their
rights are protected.
All of a sudden sometime, probably last night, the Attorney General
snuck up here to have a meeting. The result is that the bill suffered
some extraordinary changes, all of which deal with the basic,
fundamental rights of Americans in ways very different and probably
much more unfavorably than did the committee bill.
This is not the way. The United States is not so threatened that we
have to throw away our rights without careful consideration, and that
we have to disregard the careful and thoughtful and fine work done by
the chairman, the committee, and by my distinguished friend, the
ranking minority member.
I find this a distressing process, one which reflects very poorly on
the House--and one which indicates a great distrust and dislike for the
work of the committee, which was superb--and for the basic fundamental
liberties of the people of the United States.
I find it denigrating basic constitutional rights, and I find it to
have been done in a sneaky, dishonest fashion. It reflects very poorly
on this body.
Mr. Speaker, I rise in strong support for increasing security along
our northern border. I would also like to commend the Judiciary
Committee for the language in the bill it released that triples Border
Patrol personnel and INS inspectors along our northern border.
Unfortunately, I do not support the tactics used by the Republican
leadership that has substituted an entirely different bill in place of
the bipartisan House Judiciary Committee bill.
Since September 11th, the heightened security levels have made us
aware how understaffed we are along our northern border. This is a
serious problem, it is unacceptable, and must be corrected in the short
and long term. We must make sure that land, air, and seaports are
adequately staffed across the nation. This must include our northern
border.
To our INS and Customs inspectors as well as our Border Patrol, I
would like to commend them for their tireless efforts. Their efforts
have helped greatly during the last month. However, with current
staffing levels we are still encountering long lines at our ports of
entry and continuing security concerns.
In particular, trade has been seriously stifled with our Canadian
neighbors. For several days following September 11th, there were up to
14 hour waits to cross between Canada and Michigan. Lines are still
long, as waits run into the hours. While this was understandable given
the gravity of the situation immediately after the September 11th
attacks, it is completely unacceptable that our economy has been placed
at risk due to insufficient numbers of border personnel. Automobile
plants needing parts have closed, and hospitals have been understaffed
because their employees have been unable to cross our ports of entry in
a timely fashion. These are just some of the reasons why our border
requires more INS and Customs inspectors. Over 82 percent of goods
originating in Michigan are exported to Canada via truck. 70 percent of
Canada-U.S. trade and 80% of Ontario-U.S. trade, by value, moves by
truck. The largest portion (38 percent) of Ontario's exports by road is
destined for Michigan. Without optimum force levels of Customs and INS
inspectors, the State of Michigan will continue to pay greatly for the
loss in trade attributed to long lines at our ports of entry, both to
and from Canada. In addition, the economies of our neighboring states
and Canada will suffer.
I will work with other committees and appropriations that are seeking
to secure our northern border and ensure that adequate funding is given
to INS and Customs for optimum force levels along our northern border.
Failure to address problems along our northern border in a
comprehensive manner jeopardizes our security and economy. I urge my
colleagues to act expediently in providing a remedy for the serious
shortfall of INS and Customs officials in Michigan.
Mr. Speaker, using the regular committee process that has served us
so well, we can protect the nation from terrorists in a swift and
orderly fashion. I am not sure this kind of action protects the
peoples' basic liberties. We can protect the Constitutional rights of
our people from the whims of the attorney general, the Republican
Administration, and the Republican leadership of this House. A bill,
which would have achieved overwhelming support by the Congress, has
been cast into question by this irregular process, and basic American
liberties are being put into question. However, despite this egregious
breach of House procedure, these border concerns are so great that I
support the PATRIOT Act of 2001.
Mr. SENSENBRENNER. Mr. Speaker, I yield 1 minute to the distinguished
gentleman from Connecticut (Mr. Shays).
Mr. SHAYS. Mr. Speaker, because I believe our country could face a
chemical, biological, radioactive, or, heaven
[[Page H6766]]
forbid, nuclear attack by well-organized groups of fanatic terrorists,
I rise in strong support of the PATRIOT Act. I believe this bill is
necessary, and we have no time to waste.
Mr. Speaker, in particular, I want to offer my praise for a section
of this legislation designed to ensure the State Department has access
to U.S. criminal databases before permitting aliens to enter the United
States.
Last year, the Government Reform Subcommittee on National Security,
which I chair, began a series of meetings and briefings to discuss
inter-agency data-sharing.
On July 24th of this year, our Subcommittee held a hearing on Federal
Interagency Data Sharing and National Security.
That hearing taught us effective border security begins with our
embassies, where U.S. visas are issued.
Unfortunately, the State Department currently lacks the ability to
access the FBI's National Criminal Information Center's Interstate
Identification Index database.
That means an alien can come into our country, commit a crime, leave,
and get a reentry visa from our State Department or cross the border
without being stopped.
In 1996, the FBI and State Department issued a joint report
recommending the State Department receive limited access to the NCIC-
III database so the State Department could better identify aliens with
a criminal background in our country and prevent their entry.
Nevertheless, for four years this report lay dormant while the
Departments could not find a mutually agreeable way to institute their
recommendations.
This gap in data-sharing between Departments is no longer simply a
matter of bureaucratic inertia, but a threat to national security.
Mr. Speaker, protecting our borders against dispersed but deadly
criminals and terrorists requires interagency cooperation on an
unprecedented scale.
This legislation is a step in the right direction. I'm pleased
Attorney General John Ashcroft included this provision in the anti-
terrorism proposals he submitted to Congress, and I commend the
Judiciary Committee for including it in the PATRIOT Act.
Mr. CONYERS. Mr. Speaker, it is my privilege to yield 2 minutes to
the gentleman from Wisconsin (Mr. Obey), the ranking member of the
Committee on Appropriations.
Mr. OBEY. Mr. Speaker, I have tremendous respect for the chairman of
the Committee on the Judiciary, and I know he is trying his best; but I
am highly distressed for one simple reason: I do not, and neither do
most of the Members of this House, have any real idea about what is in
this bill or what the consequences are. We know some of the rough
outlines; we do not know the details.
This House, under the Constitution, is essentially a political body.
What makes it a legislative body is the committee system, because on
the committees we have people who have built up years and years of
expertise. The way this has become the greatest legislative body on the
face of the Earth is because we have relied upon the expertise of
people on the committees who spend their lives learning what they need
to know in order to see that the House makes the right judgments.
When the committee system is overridden, as is the case in this
instance, and when bills instead are written by a few people in
conjunction with House leadership, that turns a legislative body into
nothing but a political body; and it means that in the end, virtually
all of the decisions made are made on the basis of political power, not
on the basis of intellectual persuasion.
{time} 1515
That is a fundamental danger to a legitimate legislative body and
certainly to the greatest legislative body in the world, it is a mortal
blow.
I do not know what the right vote is on this bill because I do not
know the consequences. I do not know how much danger this bill will
actually do to the terrorists. But I do know how much damage the way
this bill is being considered by the House will do to this institution
and none of that is because of any action taken by the gentleman from
Wisconsin (Mr. Sensenbrenner).
This House must operate on the basis of shared information and shared
decision-making if it is to truly get through these trying days. This
is a sorry day in the history of the House.
Mr. SENSENBRENNER. Mr. Speaker, I yield myself 1 minute.
Mr. Speaker, none of the provisions in what we are considering today
are new and a surprise. The base bill is the bill that was produced by
the other body. That has been out there for over a week. There have
been some modifications made to this bill in an attempt to avoid a
conference. Many of the modifications were made at the request of the
minority party in the House of Representatives.
Now, I agree that this process is not an ideal process and this is
not a perfect compromise, but there are a number of House provisions in
this bill, none of which are a surprise that was written in the middle
of the night. The bill does not violate the Constitution. It protects
our vital fourth amendment rights; and with a clear and present danger
facing our country, I believe it is imperative that we act
expeditiously.
Mr. Speaker, I yield 2 minutes to the gentleman from Georgia (Mr.
Barr).
Mr. BARR of Georgia. Mr. Speaker, I thank the gentleman from
Wisconsin (Mr. Sensenbrenner), the distinguished chairman of the
Committee on the Judiciary, not only for yielding me time, but also for
his very tremendous leadership on this most important of issues.
The terrorist attacks on this Nation that occurred on September 11
did not occur because of freedoms that we have in this country under
our Constitution. They did not exist because our Constitution
guarantees all of us the right to be free from unreasonable searches
and seizures.
The attacks that occurred on September 11 occurred because of a very
unfortunate combination of bad luck on our part, good luck on the part
of the terrorists, very careful planning on the part of the terrorist,
very poor planning, perhaps, very poor execution on the part of some of
our Federal, State, and local agencies.
Therefore, I do not believe we ought to be in any rush to judgment to
diminish our freedoms in the misguided conception that it is those
freedoms that gave rise to the attacks on September 11. I commend the
chairman of the Committee on the Judiciary and others who worked very
hard to craft a very necessary and vitally important balance between
giving law enforcement those narrowly crafted tools it needs and
protecting the civil liberties, including the right to privacy, of
American citizens.
Is this a perfect bill? No, it is not a perfect bill, and I know the
distinguished chairman would be the first to admit that. Is there much
further work that needs to be done? Yes, there is much further work
that needs to be done. I think that all of this means that it is
absolutely imperative that we take very seriously the sunset provision
in this bill that at least gives us an opportunity to evaluate how
these important, momentous provisions that we are granting Federal law
enforcement will be used.
I also think it is important to realize that there were important
concessions by the administration made in crafting this version of this
bill. Am I happy with it? No, I do not think this is a happy piece of
legislation. It is not a happy set of circumstances that brings us to
the point where we have to consider amending our criminal laws and
criminal procedures. But I do think on balance it is important to pass
this piece of legislation, monitor it very carefully, and take
seriously our responsibility to exercise the power that we are granting
in the sunset provision.
The SPEAKER pro tempore (Mr. Nethercutt). The gentleman from Michigan
(Mr. Conyers) has 8\1/2\ minutes remaining. The gentleman from
Wisconsin (Mr. Sensenbrenner) has 3\1/2\ minutes remaining.
Mr. CONYERS. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, my colleagues and I need to do everything within our
power to find the responsible persons and parties that have caused this
attack on the United States and to bring them to justice and to end the
blight of terrorism everywhere around the world. But at the same time
we must all remember that just as this horrendous act could destroy us
from without, it can also destroy us from within.
Historically it has been at times of inflamed passion and national
anger that our civil liberties have proven to be at greatest risk. The
unpopular group of the moment happens to be subject to prejudice and
deprivation of liberties.
[[Page H6767]]
Alien and Sedition Acts in 1798 made it a Federal crime to criticize
the government. At the beginning of the Civil War, Abraham Lincoln, no
less, suspended the writ of habeas corpus citing the need to repress an
insurrection against the laws of the United States. Ulysses Grant
sought to expel Jews from the Southern States of this Nation. World War
II brought about the shameful internment of Japanese Americans which
even the Supreme Court failed to overturn. And what about the McCarthy
era of the 1950's? Guilt by association.
So we face a situation now that requires care. Well, certainly we
must update our counterterrorism laws so they reflect the 21st century
realities. But new expansion of government authorities should be
limited to properly defined terrorist activity or threats of terrorism.
And with increased Federal power, we must ensure accountability and
oversight. We also need to drastically improve airport security by
increasing training and compensation for those that are at such an
important point in our national transportation system.
But by forcing us to take up a bill in this manner, the
administration unfortunately has chosen to fire the first shots of
partisanship after September 11. One week ago, the Committee on the
Judiciary passed a bill 36 to 0, every member of every persuasion
supported the bill that was worked on by the chairman, myself, and all
the members. There was good process. There was ample debate. No one was
cut off. No amendments were prevented. And in that environment, we
agreed to sunset the expansion in government surveillance power that
are in this bill to 2 years. It would have given the administration not
only the emergency powers it requested on an expedited basis, but at
the same time allow us in Congress to revisit the issue after 2 years.
What is wrong with that? We sunset civil rights laws. We sunset
environmental laws. We sunset labor laws.
Well, I can only tell my colleagues that until last night we had a
bill that, had we brought it to the floor, would have literally passed
almost unanimously in this Congress. I do not think anyone disputes
that. But now what we have nobody knows. So it seems to me that we have
to move very, very carefully.
We have a problem. There is no provision protecting our own citizens
from CIA wiretaps under the FISA court. There is no provision ensuring
the government does not introduce information in a court obtained from
illegal e-mail wiretaps. There is no provision limiting the sharing of
sensitive law enforcement information to inappropriate personnel.
Guess what? There are 35,000 law enforcement jurisdictions in the
United States of America. There is no provision protecting immigrants
from being deported for donating money to humanitarian groups that they
did not know might be financing terrorists. Most importantly of all, we
have lost the 2-year sunset. What are we left with? A measure that is
in no way limited to terrorism. It is a bill that provides broad new
wire tap authorities that might be used to minor drug offenses, to
firearm violations to anti-trust crimes, to tax violations, to
environmental problems, literally to every single criminal offense in
the United States code. So for all of us that know our history, we have
been down this road before.
All I am saying to you is that I am going to do the best that I can
no matter what happens here today to make sure, with the gentleman from
Wisconsin (Chairman Sensenbrenner), that we convince our own
administration and, yes, our own House leadership to realize that this
is not a time to compromise the Constitution. There is no reason for us
to sacrifice civil rights to increase security.
Mr. Speaker, I reserve the balance of my time.
Mr. SENSENBRENNER. Mr. Speaker, I yield 1 minute to the gentleman
from Florida (Mr. Deutsch).
Mr. DEUTSCH. Mr. Speaker, I rise today in strong support of the
legislation. Maybe I am looking at it too simply, but I think maybe
sometimes simple can really give us clear answers.
We are at war. We are in a war right now, and the reality is that the
bill as it passed out of the House really did not acknowledge that.
There was some specific provisions in the bill only dealing with
terrorism that the bill was passed out of the Committee on the
Judiciary did not provide for that the bill in front of us does today.
Specifically, the bill out of the Committee on the Judiciary did not
allow classified information to be used against terrorists in courts in
terms of property.
The bill, as passed out of the Committee on the Judiciary, had a
criminal standard that specifically, and I quote, has committed or is
about to commit a terrorist act. Not as the bill now does, a standard
reasonable grounds to believe that a person being harbored will commit
a terrorist act. A significant difference.
The bill passed out of the Committee on the Judiciary had a
limitation on a grand jury sharing information on terrorist situations.
We have a situation today that the downside of not uncovering
terrorists potentially really are catastrophic, nuclear, biological, or
even nuclear catastrophes. We need to pass the legislation to provide
the tools to prevent that from happening.
Mr. CONYERS. Mr. Speaker, I yield 1\1/2\ minutes to the distinguished
gentleman from Ohio (Mr. Kucinich).
Mr. KUCINICH. Mr. Speaker, ``My country 'tis of thee, sweet land of
liberty, of thee I sing; land where my fathers died, land of the
pilgrims' pride, from every mountainside let freedom ring.'' Let
freedom ring in the ears of those who wants to still its sound. Let
freedom ring even as we travel through the valley of the shadow of
terrorism, for freedom is a sweeter melody.
The terrorists have aimed their attack on the fundamental freedoms of
all law-abiding Americans. They have attacked our right to life, to
liberty, to pursuit of happiness, to freedom of association, freedom of
mobility, freedom of assembly, and freedom from fear.
Freedom is not just 50 States. Freedom is a state of mind. Freedom is
our National anthem here in the land of the free and the home of the
brave.
Let freedom ring. If freedom is under attack from outside sources,
then let us not permit an attack from within. It is an attack on
freedom to let government come into the home of any American to conduct
a search, to take pictures without notification. It is an attack on
freedom to give the government broad wiretap authority. It is an attack
on freedom to permit a secret grand jury to share information with
other agencies. It is an attack on freedom to create laws which can
endanger legitimate protests.
Tens of thousands of men and women are getting ready to journey far
from the shores of our Nation. They are being asked to defend some of
the very rights this legislation would take away. Patriots are those
who, in times of crisis, do not give up their liberties for any cause.
``Long may our land be bright with freedom's holy light; protect us
by thy might, great God, our King.''
{time} 1530
Mr. SENSENBRENNER. Mr. Speaker, I yield the balance of my time to the
distinguished majority leader, the gentleman from Texas (Mr. Armey), to
wrap this up.
The SPEAKER pro tempore (Mr. Nethercutt). The majority leader is
recognized for 2\1/2\ minutes.
Mr. ARMEY. Mr. Speaker, let me begin by thanking the gentleman from
Wisconsin for yielding me this time, and let me thank the gentleman
from Wisconsin and, indeed, the gentleman from Michigan, and all the
members of the committee for their hard, diligent work.
It seems like only yesterday when the horrible, frightening tragic
incident in New York, here at our Pentagon, and in the fields of
Pennsylvania occurred. Just a few days afterwards, this Congress rose-
up and validated, confirmed, and affirmed our President as Commander in
Chief and said, ``We stand with you, Mr. President, with all the
resources that you can muster. You are our Commander in Chief. Let us
wage war on these terrorists and let us win that war.''
Since that time, we have responded to the national emergency with as
much as 100 billion dollars, and we did so with a measure of ease. It
was the right thing to do. We did it, and we did it together. Now we
take on a more difficult task: How do we make all the agencies of the
Government, in this
[[Page H6768]]
case, with this legislation 80 agencies of the Federal Government, from
the CIA to the border patrol, more resourceful in intervening against
terrorists while protecting the precious rights of the American people
for which we fight in the first place? It is a difficult job, and one
that was handled admirably by this committee.
I have heard a lot of complaints about this bill as we find it today.
People say we do not know what it is. Well, we know what the base bill
is. We have known what was in the other body for a long time. Anyone
who cared to do so could have done as I did last night, sit and watch
the other body pass that bill. My colleagues could have watched the
debate as I did. They could have heard the arguments and descriptions
as I did. They could have watched.
I want to point out that those of us who watched, those of us who
have a heartfelt commitment to our liberties as American citizens,
those of us that did might have enjoyed the other gentleman from
Wisconsin, the distinguished Senator Feingold, as he valiantly fought
for those committed to the liberties of the American people by
repeatedly offering on the floor of the other body last night many of
the provisions that this bill adds to that base bill. And, Mr. Speaker,
it broke my heart to watch the distinguished gentleman from South
Dakota, the Democratic Senate majority leader, move to table each of
Senator Feingold's dearly protective amendments.
Point of Order
Mr. OBEY. Point of order, Mr. Speaker.
The SPEAKER pro tempore. The gentleman will suspend.
The gentleman from Texas (Mr. Armey) will refrain from characterizing
the actions of Senators.
Mr. OBEY. I thank the Chair.
The SPEAKER pro tempore. The gentleman may proceed.
Mr. ARMEY. Each and every one of those efforts was tabled in the
other body. And this committee worked with the White House to restore
those protections to the base bill so that we can achieve a proper
balance, a balance that gives the resources to the agencies of this
government to protect the American people while at the same time
protects us from any trespass against our liberties.
Mr. Speaker, I should point out the controversy that surrounds the
sunset clause. I was there when the Democrat minority from the
committee presented to the chairman of the committee their five
requests for the final revisions of this effort; and I was there when
we saw that the exact sunset language in this bill was proposed to the
chairman just yesterday by the minority on that committee. It is good
sunset language. It is necessary sunset language. It gives our agencies
an opportunity to use these tools of investigation and surveillance,
and us the opportunity to fulfill our responsibility to oversee that
activity, to review it, and to choose to reauthorize or not. I am proud
of that language, and I am proud of the minority for offering it.
Bottom line is this, Mr. Speaker: as we started this effort, we knew
something from historical experience. The world is replete with stories
of strong governments who have maintained their own security by
trespassing against the rights of even their own people. Strong
governments can make themselves secure. We have seen that too many
times. But we have known, the committee has known, this Congress knows
and the White House knows that a good government makes the people
secure while preserving their freedom. And that is what this bill is.
That is why we should not only vote for it, but we should thank our
lucky stars we are in a democracy where we have that right.
Mr. PAUL. Mr. Speaker, the shocking attacks on the World Trade Center
and the Pentagon have reminded us all that the primary responsibility
of the federal government is to protect the security and liberty of our
nation's citizens. Therefore, we must do what we can to enhance the
ability of law enforcement to prevent future terrorist attacks. For
example, the federal government can allow enhanced data-sharing among
federal agencies that deal with terrorism. The federal government
should also forbid residents of countries which sponsor terrorism from
receiving student visas as well as prohibit residents of terrorist
countries from participating in programs which provide special
privileges to immigrants. In fact, I have introduced my own anti-
terrorism legislation, the Securing American Families Effectively
(SAFE) Act, which strengthens the ability of law enforcement to track
down and prosecute suspected terrorists as well as keep potential
terrorists out of the country.
There is also much the federal government can do under current
existing law to fight terrorism. The combined annual budgets of the
FBI, the CIA and various other security programs amount to over $30
billion. Perhaps Congress should consider redirecting some of the money
spent by intelligence agencies on matters of lower priority to
counterrorism efforts. Since the tragic attacks, our officials have
located and arrested hundreds of suspects, frozen millions of dollars
of assets, and received authority to launch a military attack against
the ring leaders in Afghanistan. It seems the war against terrorism has
so far been carried our satisfactorily under current law.
Still, there are areas where our laws could be strengthened with no
loss of liberties, and I am pleased that HR 3108 appears to contain
many common sense provisions designed to strengthen the government's
ability to prevent terrorist attacks while preserving constitutional
liberty.
However, other provisions of this bill represent a major infringement
of the American people's constitutional rights. I am afraid that if
these provisions are signed into law, the American people will lose
large parts of their liberty--maybe not today but over time, as
agencies grow more comfortable exercising their new powers. My concerns
are exacerbated by the fact that HR 3108 lacks many of the protections
of civil liberties which the House Judiciary Committee worked to put
into the version of the bill they considered. In fact, the process
under which we are asked to consider this bill makes it nearly
impossible to fulfill our constitutional responsibility to carefully
consider measures which dramatically increase government's power.
Many of the most constitutionally offensive measures in this bill are
not limited to terrorist offenses, but apply to any criminal activity.
In fact, some of the new police powers granted the government could be
applied even to those engaging in peaceful protest against government
policies. The bill as written defines terrorism as acts intended ``to
influence the policy of a government by intimidation or coercion.''
Under this broad definition, should a scuffle occur at an otherwise
peaceful pro-life demonstration the sponsoring organization may become
the target of a federal investigation for terrorism. We have seen
abuses of law enforcement authority in the past to harass individuals
or organizations with unpopular political views. I hope my colleagues
consider that they may be handing a future administration tools to
investigate pro-life or gun rights organizations on the grounds that
fringe members of their movements advocate violence. It is an
unfortunate reality that almost every political movement today, from
gun rights to environmentalism, has a violent fringe.
I am very disturbed by the provisions centralizing the power to issue
writs of habeas corpus to federal courts located in the District of
Columbia. Habeas corpus is one of the most powerful checks on
government and anything which burdens the ability to exercise this
right expands the potential for government abuses of liberty. I ask my
colleagues to remember that in the centuries of experience with habeas
corpus there is no evidence that it interferes with legitimate
interests of law enforcement. HR 3108 also codifies one of the most
common abuses of civil liberties in recent years by expanding the
government's ability to seize property from citizens who have not yet
been convicted of a crime under the circumvention of the Bill of Rights
known as ``asset forfeiture.''
Among other disturbing proposals, H.R. 3108 grants the President the
authority to seize all the property of any foreign national that the
President determines is involved in hostilities against the United
States. Giving the executive branch discretionary authority to seize
private property without due process violates the spirit, if not the
letter, of the fifth amendment to the Constitution. Furthermore, given
that one of the (unspoken) reasons behind the shameful internment of
Americans of Japanese ancestry in the 1940s was to reward favored
interests with property forcibly taken from innocent landowners, how
confident are we that future, less scrupulous executives will refrain
from using this power to reward political allies with the property of
alleged ``hostile nationals?''
H.R. 3108 waters down the fourth amendment by expanding the federal
governments ability to use wiretaps free of judicial oversight. The
fourth amendment's requirement of a search warrant and probable cause
strikes a balance between effective law enforcement and civil
liberties. Any attempt to water down the warrant requirement threatens
innocent citizens with a loss of their liberty. This is particularly
true of provisions which allow for nationwide issuance of search
warrants, as
[[Page H6769]]
these severely restrict judicial oversight of government wiretaps and
searches.
Many of the questionable provisions in this bill, such as the
expanded pen register authority and the expanded use of roving
wiretaps, are items for which law enforcement has been lobbying for
years. The utility of these items in catching terrorists is
questionable to say the least. After all, terrorists have demonstrated
they are smart enough not to reveal information about their plans when
they know federal agents could be listening.
This legislation is also objectionable because it adopts a lower
standard than probable cause for receiving e-mails and Internet
communications. While it is claimed that this is the same standard used
to discover numbers dialed by a phone, it is also true that even the
headings on e-mails or the names of web sites one visits can reveal
greater amounts of personal information than can a mere telephone
number. I wonder how my colleagues would feel if all of their e-mail
headings and the names of the web sites they visited were available to
law enforcement upon a showing of mere ``relevance.'' I also doubt the
relevance of this provision to terrorist investigation, as it seems
unlikely that terrorists would rely on e-mail or the Internet to
communicate among themselves.
Some defenders of individuals rights may point to the provisions
establishing new penalties for violations of individual rights and the
provisions ``sunsetting'' some of the government's new powers as
justifying support for this bill. Those who feel that simply increasing
the penalties for ``unauthorized'' disclosure of information collected
under this act should consider that existing laws did not stop the
ineffectiveness of such laws in preventing the abuse of personal
information collected by the IRS or FBI by administrations of both
parties. As for ``sunsetting,'' I would ask if these provisions are
critical tools in the fight against terrorism, why remove the
government's ability to use them after five years? Conversely, if these
provisions violate American's constitutional rights why is it
acceptable to suspend the Constitution at all?
As Jeffery Rosen pointed out in the New Republic, this proposal makes
even the most innocuous form of computer hacking a federal offense but
does not even grant special emergency powers to perform searches in
cases where police have reason to believe that a terrorist attack would
be imminent. Thus, if this bill were law on April 24, 1995 and the FBI
had information that someone in a yellow Ryder Truck was going to be
involved in a terrorist attack, the government could not conduct an
emergency search of all yellow Ryder Trucks in Oklahoma City. This
failure to address so obvious a need in the anti-terrorism effort
suggests this bill is a more hastily cobbled together wish list by the
federal bureauracy than a serious attempt to grant law enforcement the
actual tools needed to combat terrorism.
H.R. 3108 may actually reduce security as private cities may not take
necessary measures to protect their safety because ``the government is
taking care of our security.'' In a free market, private owners have
great incentives to protect their private property and the lives of
their customers. That is why industrial plants in the United States
enjoy reasonably good security. They are protected not by the local
police but by owners putting up barbed wire fences, hiring guards with
guns, and requiring identification cards to enter. All this, without
any violation of anyone's civil liberties. In a free society private
owners have a right, if not an obligation, to ``profile'' if it
enhances security.
The reason this provision did not work in the case of the airlines is
because the airlines followed federal regulations and assumed they were
sufficient. This is often the case when the government assumes new
powers or imposes new regulations. Therefore, in the future, once the
horror of the events of September 11 fade from memory, people will
relax their guard, figuring that the federal government is using its
new powers to protect them and thus they do not need to invest their
own time or money in security measures.
In conclusion, I reiterate my commitment to effective ways of
enhancing the government's powers to combat terrorism. However, H.R.
3108 sacrifices too many of our constitutional liberties and will not
even effectively address the terrorist menace. I, therefore, urge my
colleagues to oppose this bill and instead support reasonable common-
sense measures that are aimed at terrorism such as those contained in
my SAFE Act.
Mr. BENTSEN. Mr. Speaker, I rise in support of H.R. 2975, which seeks
to provide new tools to identify, pursue and punish suspected terrorist
and strengthen our sustained campaign against terrorism. Just over a
month ago, our country experienced terrorist attacks that resulted in
an unfathomable human loss. Since that time, Congress and the
Administration have led the nation in a unified battle against
terrorism. Today, we are poised to confer new emergency authority to
the Attorney General for a specific purpose--to fight the scourge of
terrorism--and definite period, a maximum of five years.
I am, however, disappointed that this legislation fails to adequately
address the lifeblood of terrorism, money. Absent from this measure is
legislation language to interfere with terrorist money laundering
activities. I am hopeful that H.R. 3004, the Financial Anti-Terrorism
Act of 2001, which I cosponsored, will get the full attention of the
House in the coming days.
Today's seamless financial marketplace, born out of the globalization
of the late Twentieth Century, has fostered an unprecedented era of
economic opportunity for terrorists like Osama bin Laden and the vast
networks of evil they finance. In one month the United States has
frozen nearly $4 million in assets belonging to the Taliban, Osama bin
Laden and the al Qaeda network. Congress must continue to close the
loopholes that allow the enemies of freedom to finance attacks on
America. To date, our allies have frozen more than $24 million since
September 11th. We are making great headway, but we are not there yet.
New anti-money laundering tools are critical to this continued effort.
With respect to H.R. 2975, I am pleased that this measure enhances
our wiretapping laws to reflect today's communication reality. Under
this measure, wiretap authority for suspects using communication
devices such as the Internet and cell phones would be streamlined so
that law enforcement could obtain a subpoena from one jurisdiction. I
am also pleased that this measure makes aliens who endorse terrorist
activity or suspected money launderers inadmissible and deportable.
Today, we know that one of our greatest strengths, our open society,
may have made us particularly susceptible to this brand of terrorism.
While we must not allow fear to force us to change the inherent nature
of our society--we must do what is reasonable to insure that potential
terrorist operatives are not able to plot their herinous schemes within
our borders.
Mr. Speaker, I stand with my colleagues on both sides of the aisle in
my determination to provide law enforcement authorities with the
necessary tools to investigate terrorism and protect against future
attacks. Accordingly, I call upon my colleagues to join me in approving
this important legislation at this time of national crisis which
balances the need to expand the laws governing intelligence and law
enforcement activities while safeguarding our dearly held
constitutional rights and way of life.
Mr. SERRANO. Mr. Speaker, I rise in opposition to H.R. 2975, the
Patriot Act of 2001, in its revised form. It is vitally important to
give law enforcement the tools necessary to investigate and prevent
further terrorist acts against American targets and to root out any
person responsible for the dreadful acts of September 11. But it is at
least as important to preserve the basic liberties that are ours under
the Constitution of the United States.
I was reluctantly prepared to support the Judiciary Committee-
reported version of H.R. 2975, because it was very carefully crafted on
a bipartisan basis to address concerns expressed by Members across the
political spectrum about the threat to our freedoms from too much
expansion of law enforcement powers. Even the reported bill raised
concerns, particularly about non-terrorist activities that might be
swept up in the definition of terrorism, but I was somewhat reassured
by the unanimous Judiciary Committee vote to report the bill.
But now we are presented with a new bill, a mix of Senate and House
provisions, that became available for review at 8:00 this morning. An
initial look at it reveals troubling provisions that expand
government's power to invade our privacy, imprison people without due
process, and punish dissent. The fact that some expansions of these
powers may be used in any criminal investigation, not just an
investigation of terrorism, particularly seems like overreaching.
I don't see why regular order had to be abandoned in this case. The
Committee had reported a bill, the House was prepared to work its will
on it today, and a final version could be crafted in conference.
Instead, the Republican leadership basically hijacked the process,
moving the negotiating position the House will take to conference
toward the Senate's. This inevitably skews the conference results
toward more police powers and less protection of our Constitutional
rights and liberties. The procedural complaint may sound ``inside-the-
Beltway'', but it has important effects on the final result.
Mr. Speaker, I support refining law enforcement powers to reflect the
modern world and equipping law enforcement personnel to fight terrorism
and bring terrorists to justice. But I most emphatically do not support
erosion of our most basic rights to privacy and freedom from government
scrutiny, and I cannot support this bill.
Mrs. CHRISTENSEN. Mr. Speaker, I know this may sound unduly strong,
but today we will react to one day of infamy with another if we pass
H.R. 3108.
[[Page H6770]]
I remember hearing someone say shortly after September 11th in
response to something I cannot remember now, that the first casualty of
this war must not be the U.S. Constitution.
Well it wasn't the first, but if this bill is passed, it will perhaps
be the most devastating one, certainly the most far-reaching one, one
that will not honor those whose lives were lost in the terrorist
attack, and one that all of us in this body--those who voted for it and
those who did not--will rue to our dying day.
This will be the crowning glory and the golden key of all of the most
extreme radical conservatives in this country. With the right to
wiretap, with the right to hold without due process, with the right to
even punish dissent, the very worst of infringements on the civil
liberties that we have worked so hard to extend to all and protect and
preserve, will reign, and threaten not just the terrorists, but all
Americans.
When I think of all our forefathers fought for to create this
independent Nation, with freedom and justice for all; when I think of
the struggle to end slavery, to win the right to vote and to ensure
that all Americans fully participate in this society, and all the lives
that were given in these efforts, it makes me sick to think that today
we might pass this travesty of justice and freedom and fairness, and in
doing so undermine the government of checks and balances that they in
their wisdom constructed, relinquish our responsibilities in this body,
and dishonor their memory and their legacy.
Although neither I or most of our members have had an opportunity to
fully review the legislation, it appears clear that most of the
provisions of this act are un-necessary to accomplish the goals of
ferreting out terrorists and their abettors. In other instances they go
too far or continue long after they would be reasonably needed under
the very worst of circumstances.
At the very least we need to apply the restraint of time and
opportunity for full review, as well as make possible the opportunity
to amend and thus fix the more egregious parts before a vote is taken
on a measure such as this, which will change the culture of our society
in terrible ways, and give those who wanted to destroy not only our
prosperity but our freedom, the victory in the end.
I urge all of my colleagues to vote H.R. 3108, the leadership bill
down, and protect the freedoms that make America, America.
Mr. GILMAN. Mr. Speaker, today we have been debating an important
bill. Our deliberations this afternoon will provide modernized
surveillance capabilities aimed at capturing terrorists which will
ensure that new technology can be executed in multiple jurisdictions
anywhere in the United States.
The Patriot Act will expand the definitions related to terrorist
organizations; provide the seamless flow of information between law
enforcement and intelligence agencies; strengthen our northern border
by tripling the number of Border patrol personnel in each state along
this border; and most importantly will permit the courts to issue a
generic order, which will still identify a target, yet permit the court
order to be presented to a carrier, landlord or custodian and allow
that the surveillance may be undertaken as soon as technically feasible
on any new location.
There has been extensive discussion on the floor with regard to these
new surveillance provisions by those fearing the abdication of our
civil rights protections with the passage of this Act.
While, I am confident that nobody in this chamber is interested in
either deteriorating our civil rights or failing to provide our nation
with the necessary law enforcement and intelligence tools to defeat
terrorism, I believe it is important to bear in mind the times in which
we currently find ourselves.
A month and one day ago, we were barbarically and cowardly attacked
by terrorists. Nearly six thousand lives were lost--more than in the
attack on Pearl Harbor. Our economy has been adversely affected, and
our constituents are demanding that we provide protection against any
further terrorist assaults. While, we did not ask for the war we now
find ourselves involved in it is our duty as Members of Congress to
provide the necessary tools and laws necessary to defeat those who wish
to harm America.
Mr. Speaker, we learned during Vietnam that we cannot fight and
expect to win a war when we fail to provide our military with the
resources necessary for victory. Let us not make that same mistake
twice and fail to provide the tools necessary to win this war--our war
against terrorism.
We can and will continue to protect our civil liberties by providing
constant oversight over these initiatives. After all it is our
responsibility in the Congress to provide such oversight and to insure
that our government not overstep its bounds. I am confident that we
will not fail in this regard.
Accordingly, I rise in full support of the Patriot Act and I urge all
of my colleagues to support this important legislation.
Mr. OXLEY. Mr. Speaker, I am pleased that this Congress is going to
give our law enforcement and intelligence communities the tools they
desperately need to track down terrorists and prevent another murderous
attack on our people.
September 11th ushered in a new era in American history. We are
vulnerable here at home, not just to the fanatics who hijacked those
planes, but to other terrorists who have access to biological,
chemical, and maybe even nuclear weapons. This threat will not end in 2
years, 5 years, or 10 years.
The provisions in this bill will help to put the FBI and CIA on a
more equal footing with terrorists who are using electronic
communications to plot with impunity. I have long warned that our
wiretap laws have not kept pace with advances in technology. Law
enforcement needs to be able to monitor cell phone calls and electronic
communications, just as it has been able to listen in on old-style
rotary phones.
Simply put, if we can't hear what terrorists are saying, we can't
stop them.
Under the sunset language in this bill, these new authorities could
expire in as little as 3 years and possibly in 5 years. Establishing
that ``sunset'' date is a mistake. It sends an unintended message that
our resolve is fleeting. It also tells a law enforcement community
working around the clock that their power to protect us is provisional.
And it suggests to the American people that in a few years, we might
let down our guard.
We will not give our Armed Forces anything less than our full support
in this war. Intelligence gathering is going to be every bit as
important to this campaign as our military.
Surveillance is restrained by a body of agency rules, judicial
approval, and congressional approval. As a former FBI agent, I applied
for wiretap orders. They are not easy to get. The electronic
surveillance provisions in the bill are constitutional and achieve the
proper balance with our constitutional rights. I happen to think that
safety and security during uncertain times is a most important civil
liberty.
Through the actions we take, Congress must show that the U.S. will
stay the course with the war on terrorism for the long haul. I hope
that our law enforcement community will be able to deal with the
inconsistency that the sunset poses, and use these common sense
authorities to protect us from the terrorists who we have already been
warned may be poised to strike again.
Mr. BOYD. Mr. Speaker, I rise today in support of H.R. 3108, the
Uniting and Strengthening America Act. Since the attacks that
devastated our Nation on September 11th, Congress has been working in a
bipartisan fashion to develop the solutions to combating terrorism. I
believe this bill provides the necessary solutions to one of the
greatest challenges our country has ever faced. Congress and the
President must work together to ensure that the necessary steps are
taken in order to prevent terrorism from occurring on American soil and
victimizing American citizens ever again. Providing federal law
enforcement officials with the tools to fight the war on American is
not only our civic responsibility, but our responsibility as American
citizens. While expanding these powers, we must be mindful of
protecting the civil liberties that every American enjoys, because
these are the very freedoms that make this country great and for which
scores of our forefathers have fought. This bill strikes the delicate
balance between the two vital points of expanding power and protecting
civil liberty.
It is important to update current laws to reflect the technological
changes the 21st century has brought about, including new methods of
communication. Federal law enforcement officials must have the capacity
to monitor terrorists who utilize relatively new technology to plan
attacks on Americans throughout the world. These provisions are
essential to ensuring victory in our war against terrorism. Additional
items included in this bill expand law enforcement power through new
types of electronic surveillance, increased foreign intelligence
gathering, and immigration reforms that will keep us a step ahead of
any potential act of terrorism against Americans. It is also important
to note there are provisions in the bill to ensure our civil liberties
are protected. Among these is the mandatory sunset of the intelligence
gathering provisions after five years. This allows Congress to evaluate
whether the new powers given to justice officials have been successful
and have respected the civil rights of each and every American citizen.
Again, Mr. Speaker, I rise in support of the Uniting and
Strengthening America Act and urge that this legislation be adopted.
Mr. LANGEVIN. Mr. Speaker, I rise in opposition to this rule and in
opposition to the clandestine way in which what was once a strong
bipartisan package was changed and rushed to the floor with no
consultation with this side of the aisle.
[[Page H6771]]
While I understand the difficult task of crafting legislation while
the nation is still recovering from and investigating the terrorist
attacks of September 11th, I am disappointed with the extremely limited
choice placed before me. I want to provide our law enforcement with the
tools they need to stop terrorism. I want to support this bill, but few
of us even know what is in it since the Judiciary Committee never
considered it.
In the aftermath of the attacks, we must strengthen our ability to
find and punish those connected with these tragic events, and enhance
our preparedness to prevent similar tragedies in the future. However,
we must meet the critical counter-terrorism need of federal law
enforcement and intelligence agencies without compromising the civil
liberties of our citizens in the process. I have strong concerns about
the bill we are considering today because I cannot be guaranteed it
strikes this crucial balance.
I urge my colleagues to vote against the rule so we all can be
assured this goal is met by bringing the original measure which was
unanimously approved the Judiciary Committee, to the floor instead.
Ms. KILPATRICK. Mr. Speaker, today I rise in opposition to the rule
and the antiterrorism bill we are considering today.
While the current circumstances require expedited action, we must
also be deliberate and circumspect in our action. I know these aims run
counter to one another, but at this juncture in our history it is
critical that we think before we act. The attacks on our nation have
changed us forever causing strong demands for action to improve our
security. Our response to terrorism, however, must not thwart the very
democratic values that this nation was founded upon.
Any legislative action we take must ensure that our traditions of
civil liberty continue to stand strong--anything less would serve the
goals of those who attacked us.
Unfortunately, we are now poised to consider a measure that grants
our federal government broad sweeping powers to investigate not only
terrorism, but all crimes. We are now poised to consider legislation
that may jeopardize the civil liberties that we hold dear. Today we are
forced by the White House and a few people in the House and Senate to
circumvent a process that produced legislation that could truly be
called bipartisan. The Republicans and the Democrats on the Judiciary
Committee joined together to create a measure that received the
unanimous support of the Committee. I commend Chairman Sensenbrenner
and Ranking Member Conyers for their good work. The White House and the
Republican leadership of the House, however, hijacked the Committee's
work--forcing us to vote on this one hundred and eighty page bill with
only a few short hours to review it.
There are thorny issues in the measure before us.
The House Judiciary Committee's counter-terrorism bill included a
provision that sunsets these extraordinary increases in Government
power in two years, ensuring that the House would be forced to review
these measures at that time. This compromise was reached despite the
fact that the White House and the Justice Department wanted the measure
to be enacted for an indefinite amount of time.
The bill before us today, however, allows the measure to be revisited
in three years. At that time, however, it is within the sole discretion
of the President to decide whether or not to extend these measures for
another two years. This is dangerous. This measure gives this
administration nearly unbridled power to pursue terrorism and other
crime. Yes, we need to address the ability of government to pursue
terrorists. However, Congress should be able to change this measure if
the current terrorist threat subsides. Congress should be the body
revisiting this measure in two or three years. Congress should not
delegate its constitutional duty to oversee the activity of the
Executive Branch.
While I firmly support added measures to fight terrorism, we should
not move in the direction of past mistakes. Fortunately we successfully
removed provisions giving the administration the ability to detain
suspect non-citizens for indefinite amounts of time. Unlimited
detention is unacceptable. There must be thorough judicial review in a
specified period of time. We must not repeat the mistakes of our past.
We must not revert to the age of McCarthyism when accusation and
innuendo operated with the force of law. I am concerned that those who
support today's process and the measure before us today have not
learned the lessons of history well enough.
I understand that the events of September 11 have necessitated
heightened measures to ensure the security of our citizens. However, I
hope these heightened measures do not distort our records on the issue
of civil liberties. I am particularly concerned about those who suggest
that our current situation justifies the practice of racial profiling
or search and seizure procedures without clear standards that are
subject to thorough review of our nation's judges. As an African
American, I know all too well the ills of racial profiling. The
President has proclaimed that our war on terrorism is not a war on
Islam. He has proclaimed that our nation takes pride in its diversity,
which is strengthened by our brothers and sisters of the Islamic faith.
I suggest that if our policy is to focus our heightened investigative
efforts solely on those who look Middle Eastern, or foreign, then we
dishonor the President's noble proclamations. In this time of need we
should focus our attention on all potential terrorists, including those
who attack this country in the name of Christianity. Our outcry and
efforts against foreign terrorism should be just as zealous against
domestic terrorism. Our outcry against the Osama bin Ladens of the
world should be just as strong against the Timothy McVeighs. Both seek
to use terror and confusion to accomplish their warped political goals.
By a truly comprehensive and objective attack on terrorism we lend
credibility to our current war on terrorism and shine forth the light
of freedom from our nation's shores.
Mr. Speaker, for these reasons I oppose the measure before us today.
In our justified haste to catch those who perpetrated the events of
September 11 and who pose a continued threat to our nation, we must not
abort the ideals that have made our nation strong. In the face of this
crisis we must not rend our civil liberties and thus our Constitution,
lest we be prepared to cede victory to the terrorists.
Mr. STARK. Mr. Speaker, I rise today in opposition to H.R. 2975, the
anti-terrorism bill. I do so reluctantly because we were supposed to
have had a bill on the Floor today that I could have supported. The
House Judiciary Committee unanimously passed a bipartisan bill that
adroitly found the right balance between giving federal authorities the
tools they need to fight terrorism, while still protecting the civil
liberties that our citizens hold so dear.
Unfortunately, a few members of the Republican leadership rejected
this bipartisan legislation and created a new bill. This bill loses the
balance that the previous legislation had achieved. The bill gives
broad new powers to federal law enforcement officials while putting
civil liberties at risk. Even worse, the bill prevents the Congress
from reviewing these provisions in two years to ensure that the
government is using its new powers in an appropriate manner.
In addition, this bill has not received proper consideration by the
House of Representatives. Most members, in fact, don't even know what
the bill contains. This may be the most sweeping, comprehensive piece
of legislation dealing with law enforcement practices and civil
liberties that this Congress will ever consider. Such important
legislation demands careful scrutiny and deserves bipartisan agreement.
This bill fails in both respects.
There is no question that the United States government must do
everything in its power to protect our citizens. Our laws do need to be
adjusted to properly reflect modern technology and to effectively
respond to modern threats. The bill we consider today, however, is not
the answer. I urge my colleagues to oppose this bill and to return to a
bipartisan approach to improving our nation's security.
Mr. THOMPSON of California. Mr. Speaker, it is with great reluctance
that I vote in support of the antiterrorism legislation that was
debated in the House today. What began as a collaborative and
bipartisan process, has become a clandestine and highly partisan
catastrophe. My intention today, was to support H.R. 2975, the PATRIOT
Act that was given thoughtful consideration and resulted in a well-
crafted compromise. To my great regret, however, partisan procedures
and pressures kept the House of Representatives from passing this
legislation. Instead, the House took up a modified version of the
Senate passed Uniting and Strengthening America Act.
With some adjustments by the House leadership, the legislation
contains many important provisions to ensure that the intelligence and
law enforcement communities can do their jobs. The bill makes changes
to intelligence and surveillance laws to account for advances in
technology. It also strengthens penalties for money laundering and
possession of biological agents for a suspected terrorist. But I am
concerned that the legislation fails to create a watchdog position
within the Department of Justice to monitor intelligence and law
enforcement activities enacted by this new law. It also abandons the
original two-year sunset, to a sunset of up to five years depending
upon presidential preference. I believe that a five-year period is too
lengthy, and support a sunset period of up to three years to ensure
that civil liberties are protected, while intelligence and law
enforcement officials do their jobs.
Let me be very clear: I voted for the revised antiterrorism
legislation today to ensure that the horrendous events of September
11th are never repeated. I am offended by the process but am compelled
by the circumstances in which we live today. I believe that in the days
ahead, the House and Senate conference committee will work to craft a
compromise measure that the American people can fully
[[Page H6772]]
support. In this new day of extraordinary circumstances, the impossible
became a reality. Consequently, decisive action is necessary to prevent
future acts of terrorism on the United States.
Mr. UDALL of Colorado. Mr. Speaker, earlier this year we began this
Congress by taking an oath to uphold the Constitution.
It was the second time I did so, but for me it was still a solemn
moment and a source of great price--as I am sure it was for you and for
the many of our colleagues who have served far longer than I.
It was a solemn moment because we were pledging ourselves to
upholding the basic framework of our government, including the basic
guarantees of the Bill of Rights. I think that is the highest and most
important duty any American can undertake.
And it was an especially proud moment for me because it meant that I
would again be privileged to be part of this great institution, the
House of Representatives--an institution for which I have for so long
had such great respect.
Since then less than six months have passed--but how long ago that
seems to have been. Since September 11th, so many things have happened,
and so many things have changed. And, unfortunately, one of the things
that has changed is my pride in the way the House is meeting its
responsibilities.
That is because today we are proceeding in a way that falls far short
of the standard to which we should hold ourselves--and doing so in
connection with legislation of the very highest importance, legislation
that can affect the lives and liberties of all the American people.
To start with, like so many of our colleagues, I have not had an
opportunity to learn fully what is in this bill beyond a cursory
discussion in caucus, and while some Members of the House are versed on
the particulars, I don't believe there has been enough time for debate
and full consideration. On a subject so dear as our civil liberties,
particularly in a time of crisis, surely the House could afford time to
allow Members to read and understand this complicated legislative
package before a vote. I do not know whether the objections raised by
the bill's critics--such as those in today's letter from the American
Civil Liberties Union--are well-founded or not. But I have no doubt
that when it comes to matters as important as these it is far better to
err on the side of caution.
Mr. Speaker, in times of war and crisis there is always a very
delicate balance between the need to be secure and the need to protect
civil liberty. There have been moments in our nation's history when
this balance was not carefully preserved--and with shameful
consequences. In the rush to fight the terrorist threat, I want to be
absolutely certain that we strike the right balance and avoid looking
back on this time with regret about our haste and lack of wisdom.
I am not an expert on fighting terrorism, but I know that if we are
not careful in choosing our weapons, we can damage the very
Constitution we have sworn to uphold. And I do know that there is a
right way and a wrong way to legislate--and this is the wrong way.
And that, Mr. Speaker, is why I cannot vote for this bill today.
American Civil Liberties Union
Washington, DC, October 12, 2001.
Be Patriotic--Vote Against the Revised ``Patriot Bill''
Dear Representative: The ACLU is urging Members to vote no
on the Rule, no on final passage and yes on the motion to
recommit. Sadly, most Americans do not seem to realize that
Congress is about to pass a law that drastically expands
government's power to invade our privacy, to imprison people
without due process, and to punish dissent. More disturbing
is the fact that this power grab over our freedom and civil
liberties is in fact not necessary to fight terrorism.
Briefly, the substitute bill has the following problems:
Sharing Sensitive Information without Privacy Protections:
The bill authorizes law enforcement to ``share criminal
investigative information.'' This section permits the
disclosure of sensitive, previously undisclosable information
obtained through grand jury investigations or wiretaps about
American citizens to the CIA, NSA, INS, Secret Service and
military, without judicial review, and with no limits as to
how these agencies can use the information once they have it,
and without marking the information to indicate how the
information can be used.
Sneak and Peek Searches: this section authorizes the
wholesale use of covert searches for any criminal
investigation thus allowing the government to enter your
home, office or other private place and conduct a search,
take photographs, and download your computer files without
notifying you until later. The Congress rejected this
provision two times last year because it was misguided and
overbroad
Single-Jurisdiction search warrants for terrorism: This
provision enables the government to go to a court in any
jurisdiction where it is conducting a terrorism
investigation, regardless of how insubstantial that location
is to the investigation, to conduct a search anywhere in the
country. This will allow the government to forum shop and
make it practically impossible for individuals who are
subjected to the search to challenge the search when the
warrants are issued by a judge in a distant location.
New crime of Domestic Terrorism: This new crime is wholly
unnecessary for the Administration's ``War on Terrorism.'' It
expands the ever-growing cadre of federal crimes by
authorizing the federal government to prosecute violations of
state law and may be used to prosecute political protestors
who engage in acts the government considers to be dangerous
to human life.
Requires People to Turn in Suspects Even If They Don't Know
Whether the Person Has Committed a Crime. This bill creates a
new crime exposing people to criminal liability for lodging a
person who he or she knows ``or has reasonable grounds to
believe'' has committed or is about to commit a crime. This
places a new burden on persons to turn in family and friends
never before imposed on individuals.
Disclosing Intelligence Information on Americans to the
CIA: The bill mandates that the FBI turn over any information
on terrorism, even if it is about American citizens, that is
developed in criminal cases. This will result in the CIA
getting back into the business of spying on Americans.
Imposing Indefinite Detention: The bill allows for non-
citizens to be detained indefinitely, without meaningful
judicial review;
Reducing Privacy in Student Records: The bill overturns
current law by giving law enforcement greater access to and
use of student records for investigative purposes. Under the
substitute, highly personal and potentially damaging
information about American and foreign students will be
transmitted to many federal agencies and could lead to
adverse consequences far beyond the stated goal of the anti-
terrorism bill.
Sunset of Wiretap Provisions: The House Judiciary
Committee's bill would have sunset all of new wiretapping
authorities in two years and two months. The sunset was
designed to permit Congress to evaluate how the new
authorities were being used, and whether there were abuses
that would require additional privacy protections. The bill
now pending before the House would gut the sunset provision
by extending it to five years and three months (three years
and three months, plus two more years upon a presidential
certification).
Exclusionary Rule: The House Judiciary Committee's bill
included a provision to exclude from criminal cases evidence
that law enforcement seized illegally when monitoring
Internet communications. This would have conformed the rules
pertaining to illegal interception of Internet communications
to the rules governing illegal interception of telephone
calls. The bill now pending in the House omits this
provision.
Expansion of Wiretapping Authority: The wiretapping
provisions in the pending House bill are virtually identical
to those in the bill the Senate approved last night. Both
bills minimizes judicial oversight of electronic surveillance
by: subjecting private Internet communications to a minimal
standard of review; permitting law enforcement to obtain what
would be the equivalent of a ``blank warrant'' in the
physical world; authorizing scattershot intelligence wiretap
orders that need not specify the place to be searched or
require that only the target's conversations be eavesdropped
upon; and allowing the FBI to use its ``intelligence''
authority to circumvent the judicial review of the probable
cause requirement of the Fourth Amendment.
Most of these provisions are unnecessary for fighting
international terrorism; some would be acceptable if they
were implemented with appropriate judicial oversight. Law
enforcement agents make mistakes--for example, the life of
suspected Atlanta Olympic bomber Richard Jewell was turned
upside down. Essential checks and balances on these new
powers are omitted from this legislation. We can be both safe
and free if the House takes the time to do this right.
For more information, please contact: Wiretapping--Greg
Nojeim 202/675-2326, Crime Provisions--Rachel King 202/675-
2314, Immigration--Tim Edgar 202/675-2318, Privacy--Katie
Corrigan--202/675-2322.
Sincerely,
Laura W. Murphy,
Director.
Gregory T. Nojeim,
Associate Director & Chief Legislative Counsel.
Mr. KIND. Mr. Speaker, of all the issues we have considered, and will
consider, in the aftermath of September 11, securing the safety of our
Nation against the threat of terrorism may prove to be the most
challenging aspect of our recovery and security focus. One reason the
terrorists targeted our Nation is because of the freedoms we enjoy as a
nation, and the importance we place on individual liberty.
By nature, the openness of American society is a liability when it
comes to public safety. The attacks on the World Trade Center and the
Pentagon have shown us that virtually any possible threat may be
realized.
The challenge of securing the Land of the Free is a delicate task. By
considering the laws that protect personal privacy we risk
[[Page H6773]]
alienating those values on which our Nation was founded. In taking on
this challenge, I commend the Chairman and ranking member of the
Judiciary Committee for recognizing the fundamental importance of this
task, and working together to draft legislation in a fair and
respectful manner. I just wish that process had been followed through
all the way to the end instead of being hijacked the night before.
The legislation before us today is not perfect. I, like many Members,
have reservations about expanding boundaries in which Government may
more easily encroach on personal privacy. However, these reservations
must be weighed in light of our experiences, as well as Section 8 of
Article 1 of the Constitution which states ``Congress shall have the
power--to provide for the common defense and general welfare of the
United States . . .''
As a former prosecutor, I have experience in dealing with criminal
investigations and prosecutions, and understand the inherent need to
protect the public against terrorist activities. While I maintain
concerns regarding some aspects of the bill regarding the specifics of
electronic monitoring and other provisions, I acknowledge the
importance of modernizing our laws to reflect the use of new
technologies. I also appreciate the committee work on issues including
improving the security of our borders, providing benefits to
individuals involved in the immigration system who were detrimentally
impacted under the law by the attacks, and updating the definition of
terrorist activities and criminal penalties associated with terrorism
in light of September 11. In addition, the sunset provisions attached
to this legislation will provide for a review of these changes.
This legislation provides the best opportunity for our Nation to
protect its citizens without crossing the Constitution, and I therefore
support its passage.
Ms. HARMAN. Mr. Speaker, a long-scheduled appointment for minor
surgery that was planned on the basis of the House leadership's
announced calendar requires that I miss the vote on final passage of
H.R. 2975.
I support many--though not all--of the counter-terrorism changes
recommended by Attorney General Ashcroft. Indeed, I was part of the
bipartisan group of members of Congress who met with him shortly after
the tragic terrorist attacks of September 11.
Whether the bill implements those recommendations is difficult to
tell. The time stamp on the text is 3:43 am this morning. Do we know
what changes were made between it and the bill reported unanimously
from the Judiciary Committee?
Mr. Chairman, the process by which we are considering this measure
plays fast and loose with our Constitution. It may well be that a
number of its provisions will be stricken by the Courts.
We should have had an opportunity to more carefully consider its
provisions.
Law enforcement needs 21st century rules to combat 21st century
enemies. A cursory review of this bill suggests that we are providing
many of them. But some may go too far, some may not go far enough.
With some reluctance I support this bill. Not because I believe
changes are not warranted, but because the rushed process by which the
House is considering this bill is inappropriate given the severity of
the challenge before this nation.
Mr. McGOVERN. Mr. Speaker, I rise today in opposition to the version
of the bill that has been presented before this House for
consideration. Like every Member of this Congress, I believe we should
provide law enforcement with every appropriate tool necessary to combat
terrorism. In that spirit, I have supported all of the President's
actions and requests, in both word and deed, since the horrific attacks
which devastated this nation on September 11. Furthermore, I came to
work this morning with every intention of voting for the carefully
crafted bipartisan legislation that passed the House Judiciary
Committee last week 36-0.
However, I now stand before this House in complete amazement at the
events that have transpired over the past 24 hours. Last week, the
Judiciary Committee took the Bush administration's proposal into mark-
up, and carefully discussed and considered every aspect of this
legislation. In an impressive display of bi-partisanship the concerns
of every single one of the 36 members of the Judiciary Committee, from
the right and the left, were addressed. For that, I applaud both
Chairman Sensenbrenner and Ranking Member Conyers for their efforts.
Yet despite this monumental display of cooperation, we stand poised
to vote this morning on a substitute bill that was never even
considered in the committee setting, and whose contents few of us have
even seen. I am deeply troubled by the injustice done to the
legislative process by rushing this new bill onto the floor, replacing
the carefully crafted bill that was so impressively constructed last
week.
During this great nation's time of trial, we cannot underscore enough
the importance of safeguarding the precious civil liberties and basic
freedoms that underpin our society. Even in times of heightened alert,
military action, and increased security awareness, it is our job as
Members of the U.S. Congress to carefully consider the implications of
extending the search and seizure powers of federal agencies, and ensure
the protection of our basic rights as Americans. If we allow the
cowardly terrorist actions of September 11 to redefine the freedoms
that law-abiding citizens of this great nation are allowed to enjoy,
then we have defeated ourselves. Nothing would greater please those who
deplore America and our freedom loving society than to watch as we
rashly whittle away our civil liberties out of fear and insecurity.
Mr. Speaker, I will oppose this legislation today, and I ask that all
of my colleagues do the same. I fully support the efforts of President
Bush to ensure the security of this nation, yet I will not vote to
undermine the basic freedoms we all hold dear. It is crucial that we,
as a united Congress, remain strong in this time of crisis, and protect
the fundamentally American values and civil liberties that so many
generations before us have struggled to create.
Mr. BUYER. Mr. Speaker, I rise today in support of the PATRIOT Act.
We are engaged in a great struggle to combat the forces of terrorism
that threatened our Nation on September 11. For this struggle, we have
called forth the strong arm of our military. But in addition, this
struggle will also be fought by law enforcement here at home.
Our law enforcement officers need the best tools available to combat
terrorism. This is not the case today and it is this deficiency that
this bill seeks to remedy. For far too long we have neglected to equip
our law enforcement with the tools they need to do their jobs as
technology has changed.
This bill will permit wiretaps to be leveled against suspected
terrorists the same as we do for drug lords and organized crime
syndicates. With existing court protections in place, law enforcement
will now be able to follow suspected terrorists when they use the
Internet, a land line phone or numerous cell phones. Nor will law
enforcement have to go back to various courts when suspects move from
location to location to location.
Quite frankly, these provisions are long overdue. I regret that this
bill includes a sunset provision. We need these provisions to be
permanent.
Modification to Amendment Adopted Pursuant to House Resolution 264
Mr. SENSENBRENNER. Mr. Speaker, I ask unanimous consent that the
amendment considered as adopted pursuant to H. Res. 264 be further
modified as follows: delete sections 302, 303, and 304.
This request has been cleared with the minority.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Wisconsin?
There was no objection.
The SPEAKER pro tempore. Pursuant to House Resolution 264, the
previous question is ordered on the bill, as amended.
The question is on the engrossment and third reading of the bill.
The bill was ordered to be engrossed and read a third time, and was
read the third time.
Motion to Recommit Offered by Mr. Nadler
Mr. NADLER. Mr. Speaker, I offer a motion to recommit.
The SPEAKER pro tempore. Is the gentleman opposed to the bill?
Mr. NADLER. I certainly am, Mr. Speaker.
The SPEAKER pro tempore. The Clerk will report the motion to
recommit.
The Clerk read as follows:
Mr. Nadler moves to recommit the bill H.R. 2975 to the
Committee on the Judiciary with instructions to report the
same back to the House forthwith with the following
amendment:
At the end of title II, add the following:
``Section 225. Scope of Provisions
``This title and the amendments made by this title (other
than sections 205, 208, 211, 221, 222, 223, and 224, and the
amendments made by those sections) shall apply only to
investigations of domestic terrorism or international
terrorism (as those terms are defined in section 2331 of
title 18, United States Code), such that this title and the
amendments made by this title (other than sections 205, 208,
211, 221, 222, 223, and 224, and the amendments made by those
sections) shall not apply to violations of either sections
992(a)(1)(A), 922(a)(6), 922(a)(5), 922(m), or 924(a)(1)(A)
of title 18, United States Code (pertaining to firearm
dealers violations), or first-time non-violent violations of
the Controlled Substances Act (as set forth in title 21,
United States Code) unless such violations pertain to
domestic terrorism or international terrorism (as those terms
are defined in section 2331 of title 18, United States
Code).''
[[Page H6774]]
Mr. NADLER (during the reading). Mr. Speaker, I ask unanimous consent
that the motion to recommit be considered as read and printed in the
Record.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New York?
There was no objection.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New
York (Mr. Nadler) is recognized for 5 minutes in support of his motion
to recommit.
Mr. NADLER. Mr. Speaker, what this motion to recommit does is to make
the provisions of this bill granting extraordinary powers to
investigative agencies of governments apply only to extraordinary
circumstances, only to investigations of terrorism or potential
terrorism.
Mr. Speaker, a month ago, the United States was attacked; and in
particular my district was attacked. I know or knew many people who
were victims of that horrible attack, and I thirst to repay that attack
and to make sure it will not happen again. But we can be attacked in
many ways, and one of those attacks is to cause us to invade our own
liberties as a reaction to the attack upon us, and that we must
prevent.
Speaker after speaker on this floor today has described how this 187-
page bill, seen by us only a few hours ago, with no opportunity to
really look into it, to send out the text to law professors, to others,
to really see the implications and to make intelligent judgments upon
it may very well be a danger to many of our liberties.
Well, we have to act in haste, we are told. Why? Because we must
prevent acts of terrorism. Let us grant that assumption. Fine. But why
should these provisions then extend to anything but terrorism? We can
pass the bill today. I will not vote for it, but we can pass the bill
today, give our government the powers it says it needs, that the
President and the Attorney General say they need to prevent terrorism
and to defeat terrorists, but not grant that power with respect to
everything else until we have had proper time to look into the question
without the haste that this emergency imposes on us. And then we can
say that these provisions should or should not, or some should and some
should not, be extended to ordinary criminal investigations.
Let the terrorism bill proceed for terrorism now, albeit in haste,
albeit hastily drafted, albeit not properly vetted. If that is the will
of the body, let it be done for terrorism, but only for terrorism. And
let us, for other things where the emergency is not immediate, take our
time and do it properly.
So this motion to recommit simply says these extraordinary powers
exist for terrorist threats, for investigations of terrorism, and not
for others.
Mr. WEINER. Mr. Speaker, will the gentleman yield?
Mr. NADLER. I yield to the gentleman from New York.
Mr. WEINER. Mr. Speaker, I rise and I speak to some in this body who
share my view that the Senate bill, arguably, does not go far enough.
And I speak to some in this body who recognize the great work that the
gentleman from Wisconsin (Mr. Sensenbrenner) and the gentleman from
Michigan (Mr. Conyers) did to cobble a compromise that everyone can
rally around. Those are good reasons for us to step back, go back to
the drawing board, and perhaps return with our original bill, if for no
other reason than we are going to conference with the other body and it
seems insane we are here negotiating with ourselves.
But let us think of some of the things that were in the bill that the
gentleman from Wisconsin (Mr. Sensenbrenner) and the gentleman from
Michigan (Mr. Conyers) wrote that are not in today. The gentleman from
Illinois (Mr. Hyde) offered language that would track money launderers.
Out of the bill. I think it should be in. The gentleman from Georgia
(Mr. Barr) offered language, and I have trouble saying these words,
that I agree with while in terms of tracking security officers. I
offered language that was in the bill that would track people who come
here on student visas and who overstay their visas and commit acts of
violence, at least two of which were in that category that crashed into
the World Trade Center in my hometown.
My colleagues, I have been to too many vigils, too many funerals,
held too much hands of grieving families in my district to be satisfied
with a bill that takes out so many of the provisions that we worked so
hard for in the Committee on the Judiciary. There are many reasons why
we should offer a motion to recommit, some of which are those which are
shared by my colleague, the gentleman from New York (Mr. Nadler), who
believes this bill goes too far. But there are also reasons, I say to
all of my colleagues, for those who think we have watered down these
efforts too far, to put back in some of the thoughtful provisions that
the House Committee on the Judiciary put in.
There is no good reason not to recommit. There is going to be a
conference on this bill. Why not go in with our strongest possible
negotiating position, including the Hyde language, the Barr language,
and the Weiner language that I would say would pass this House with 350
votes.
Mr. NADLER. Mr. Speaker, reclaiming my time, I agree with the other
distinguished gentleman from New York. There are provisions that go too
far in this bill, in my opinion; and there are things that are not in
this bill that ought to be, again, after the wonderful work done by the
distinguished gentleman from Wisconsin and the distinguished gentleman
from Michigan and the committee as a whole, tossed out the window, a
new bill, brand new, emergency we are told.
Limit this to the terrorism and let us work regular order, the way
this House ought to proceed, so we may examine whether these powers
belong in the general criminal field. There is no emergency we are told
about there. The emergency pertains to terrorism, so let us proceed on
an emergency basis, which we are doing now, voting for this bill
virtually sight unseen, proceed on that emergency basis only for the
terrorism emergency. Limit the bill to the terrorism emergency and look
at the rest in our own good time.
The SPEAKER pro tempore. The time of the gentleman from New York has
expired.
Mr. SENSENBRENNER. Mr. Chairman, I rise in opposition to the motion
to recommit.
The SPEAKER pro tempore. The gentleman from Wisconsin is recognized
for 5 minutes.
Mr. SENSENBRENNER. Mr. Speaker, the motion to recommit should be
rejected for the following reason:
In many cases, what begins as an ordinary criminal investigation will
end up leading into material relating to how terrorists finance
themselves or how terrorists act and further criminal activity as well.
Let me give an example. Last month, the Prime Minister of the United
Kingdom, Tony Blair, gave a very eloquent speech to the annual
conference of his Labor Party somewhere in England. That speech was
covered by C-SPAN. I saw most of it. I hope that many of the other
Members did as well. But one of the things that Prime Minister Blair
said was that 90 percent of the heroin that is sold in the United
Kingdom is sold by Osama bin Laden's front groups, and the money that
is used from people who purchase the heroin is used to finance Osama
bin Laden's terrorist activities.
{time} 1545
Under the motion to recommit by the gentleman from New York, if there
is an ordinary, run-of-the-mill drug investigation that might include
terrorist activity or might not include terrorist activity, the
expanded law enforcement provisions of this bill would not apply until
there is evidence that terrorist activity has infiltrated that part of
the drug trade.
By the time that evidence comes up, it might be too late, and there
might be another terrorist strike that could have been prevented as a
result of the increased law enforcement powers that are contained in
this bill.
The motion to recommit by the gentleman from New York will not allow
law enforcement to expand its scope in time because there would have to
be showing of a linkage to international terrorism as defined by this
bill. We should reject the motion to recommit simply for that reason. I
urge a ``no'' vote.
Mr. Speaker, I yield back the balance of my time, and I move the
previous question on the motion to recommit.
The previous question was ordered.
The SPEAKER pro tempore. The question is on the motion to recommit.
[[Page H6775]]
The question was taken; and the Speaker pro tempore announced that
the noes appeared to have it.
Mr. NADLER. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 9 of rule XX, the Chair
will reduce to 5 minutes the minimum time for any electronic vote on
the question of passage of the bill.
The vote was taken by electronic device, and there were--yeas 73,
nays 345, not voting 12, as follows:
[Roll No. 385]
YEAS--73
Berkley
Berman
Bonior
Boucher
Brady (PA)
Capps
Capuano
Cardin
Clay
Clayton
Clyburn
Conyers
Coyne
Davis (IL)
DeGette
Delahunt
Dingell
Engel
Farr
Fattah
Filner
Frost
Gephardt
Gonzalez
Green (TX)
Hastings (FL)
Hilliard
Hinchey
Hoeffel
Honda
Hoyer
Inslee
Jackson (IL)
Jefferson
Johnson, E. B.
Jones (OH)
Kaptur
Kilpatrick
Kucinich
Lee
Lewis (GA)
Matsui
McCarthy (MO)
McCollum
McDermott
McKinney
Mink
Nadler
Oberstar
Olver
Owens
Paul
Pelosi
Rahall
Rodriguez
Roybal-Allard
Rush
Sabo
Sandlin
Scott
Sherman
Slaughter
Snyder
Solis
Thompson (MS)
Thurman
Udall (CO)
Visclosky
Waters
Watson (CA)
Watt (NC)
Wu
Wynn
NAYS--345
Ackerman
Akin
Allen
Andrews
Armey
Baca
Bachus
Baird
Baker
Baldacci
Baldwin
Ballenger
Barcia
Barr
Barrett
Bartlett
Bass
Becerra
Bentsen
Bereuter
Berry
Biggert
Bilirakis
Bishop
Blagojevich
Blumenauer
Boehlert
Boehner
Bonilla
Bono
Borski
Boswell
Brady (TX)
Brown (FL)
Brown (OH)
Brown (SC)
Bryant
Burr
Burton
Buyer
Callahan
Calvert
Camp
Cannon
Cantor
Capito
Carson (IN)
Carson (OK)
Castle
Chabot
Chambliss
Clement
Coble
Collins
Combest
Condit
Cooksey
Costello
Cox
Cramer
Crane
Crenshaw
Crowley
Cubin
Culberson
Cummings
Cunningham
Davis (CA)
Davis (FL)
Davis, Jo Ann
Davis, Tom
Deal
DeFazio
DeLauro
DeLay
DeMint
Deutsch
Diaz-Balart
Dicks
Doggett
Dooley
Doolittle
Doyle
Dreier
Duncan
Dunn
Edwards
Ehlers
Ehrlich
Emerson
English
Eshoo
Etheridge
Evans
Everett
Ferguson
Flake
Fletcher
Foley
Forbes
Ford
Fossella
Frank
Frelinghuysen
Gallegly
Ganske
Gekas
Gibbons
Gilchrest
Gilman
Goode
Goodlatte
Gordon
Goss
Graham
Granger
Graves
Green (WI)
Greenwood
Grucci
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hansen
Hart
Hastings (WA)
Hayes
Hayworth
Hefley
Herger
Hill
Hilleary
Hinojosa
Hobson
Hoekstra
Holden
Holt
Hooley
Horn
Hostettler
Houghton
Hulshof
Hunter
Hyde
Isakson
Israel
Issa
Istook
Jackson-Lee (TX)
Jenkins
John
Johnson (CT)
Johnson (IL)
Johnson, Sam
Jones (NC)
Kanjorski
Keller
Kelly
Kennedy (MN)
Kennedy (RI)
Kerns
Kildee
Kind (WI)
King (NY)
Kingston
Kirk
Kleczka
Knollenberg
Kolbe
LaFalce
LaHood
Lampson
Langevin
Lantos
Largent
Larsen (WA)
Larson (CT)
Latham
LaTourette
Leach
Levin
Lewis (CA)
Lewis (KY)
Linder
Lipinski
LoBiondo
Lofgren
Lowey
Lucas (KY)
Lucas (OK)
Luther
Maloney (CT)
Maloney (NY)
Manzullo
Markey
Mascara
Matheson
McCarthy (NY)
McCrery
McGovern
McInnis
McIntyre
McKeon
McNulty
Meehan
Meek (FL)
Meeks (NY)
Menendez
Mica
Millender-McDonald
Miller, Gary
Miller, George
Mollohan
Moore
Moran (KS)
Moran (VA)
Morella
Murtha
Myrick
Neal
Nethercutt
Ney
Northup
Norwood
Nussle
Obey
Ortiz
Osborne
Ose
Otter
Oxley
Pallone
Pascrell
Pastor
Payne
Pence
Peterson (MN)
Peterson (PA)
Petri
Phelps
Pickering
Pitts
Platts
Pombo
Pomeroy
Portman
Price (NC)
Pryce (OH)
Putnam
Radanovich
Ramstad
Rangel
Regula
Rehberg
Reyes
Reynolds
Riley
Rivers
Roemer
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Ross
Rothman
Roukema
Royce
Ryan (WI)
Ryun (KS)
Sanchez
Sanders
Sawyer
Saxton
Schaffer
Schakowsky
Schiff
Schrock
Sensenbrenner
Serrano
Sessions
Shadegg
Shaw
Shays
Sherwood
Shimkus
Shows
Shuster
Simmons
Simpson
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Souder
Spratt
Stark
Stearns
Stenholm
Strickland
Stump
Stupak
Sununu
Sweeney
Tancredo
Tanner
Tauscher
Tauzin
Taylor (MS)
Taylor (NC)
Terry
Thomas
Thompson (CA)
Thornberry
Thune
Tiahrt
Tiberi
Tierney
Toomey
Traficant
Turner
Udall (NM)
Upton
Velazquez
Vitter
Walden
Walsh
Wamp
Watkins (OK)
Watts (OK)
Waxman
Weiner
Weldon (FL)
Weldon (PA)
Weller
Wexler
Whitfield
Wicker
Wilson
Wolf
Woolsey
Young (AK)
Young (FL)
NOT VOTING--12
Abercrombie
Aderholt
Barton
Blunt
Boyd
Gillmor
Harman
McHugh
Miller (FL)
Napolitano
Quinn
Towns
{time} 1618
Ms. LOFGREN, Messrs. GILMAN, KIND, McGOVERN, TANCREDO, BERRY, WEINER,
GEORGE MILLER of California, KLECZKA, BLUMENAUER, Ms. BALDWIN, Messrs.
MOLLOHAN, CROWLEY, RANGEL, NEAL of Massachusetts, Ms. RIVERS, Mr.
SPRATT, Ms. HOOLEY of Oregon, Messrs. MATHESON, LIPINSKI, BORSKI,
STRICKLAND, McNULTY, Mrs. LOWEY, Mrs. TAUSCHER, Messrs. BARCIA, KILDEE,
CUMMINGS, DOOLEY of California, PASTOR, COSTELLO, MEEKS of New York,
GORDON, MOORE, LANGEVIN, WAXMAN, DeFAZIO, HOLT, PALLONE, ROTHMAN, ROSS,
Ms. VELAZQUEZ, Mr. LEVIN, Mr. BACA, Ms. BROWN of Florida, Messrs.
DUNCAN, PETERSON of Minnesota, STUPAK, Ms. CARSON of Indiana, Messrs.
ETHERIDGE, MENENDEZ, BENTSEN, PRICE of North Carolina, Ms. MILLENDER-
McDONALD, Messrs. TANNER, PAYNE, SANDERS, HILL, GUTIERREZ, Mrs. MALONEY
of New York, Mr. BLAGOJEVICH, Mr. BECERRA, Ms. JACKSON-LEE of Texas,
Messrs. CLEMENT, LARSON of Connecticut, LANTOS, STARK, MARKEY, Ms.
DeLAURO, Mr. UDALL of New Mexico, Ms. SCHAKOWSKY, Mr. SERRANO, Ms.
WOOLSEY, Mr. EVANS, Mr. ORTIZ, Ms. ESHOO, Mr. BALDACCI, Mr. ALLEN, Ms.
SANCHEZ, Mrs. DAVIS of California, Messrs. CONDIT, REYES, LAMPSON,
THOMPSON of California, ACKERMAN and HINOJOSA changed their vote from
``yea'' to ``nay.''
Mrs. CLAYTON, Mr. McDERMOTT, Ms. LEE, Mr. OLVER, Ms. SOLIS and Ms.
ROYBAL-ALLARD changed their vote from ``nay'' to ``yea.''
So the motion to recommit was rejected.
The result of the vote was announced as above recorded.
The SPEAKER pro tempore (Mr. Nethercutt). The question is on the
passage of the bill.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. SENSENBRENNER. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. This will be a 5-minute vote.
The vote was taken by electronic device, and there were--yeas 337,
nays 79, answered ``present'' 1, not voting 14, as follows:
[Roll No. 386]
YEAS--337
Akin
Allen
Andrews
Armey
Baca
Bachus
Baird
Baker
Baldacci
Ballenger
Barcia
Barr
Bartlett
Bass
Bentsen
Bereuter
Berkley
Berman
Berry
Biggert
Bilirakis
Bishop
Blagojevich
Boehlert
Boehner
Bonilla
Bono
Borski
Boswell
Brady (PA)
Brady (TX)
Brown (FL)
Brown (SC)
Bryant
Burr
Burton
Buyer
Callahan
Calvert
Camp
Cannon
Cantor
Capito
Capps
Cardin
Carson (IN)
Carson (OK)
Castle
Chabot
Chambliss
Clay
Clement
Coble
Collins
Combest
Condit
Cooksey
Costello
Cox
Cramer
Crane
Crenshaw
Crowley
Cubin
Culberson
Cunningham
Davis (CA)
Davis (FL)
Davis, Jo Ann
Davis, Tom
Deal
DeLauro
DeLay
DeMint
Deutsch
Diaz-Balart
Dicks
Dingell
Dooley
Doolittle
Doyle
Dreier
Duncan
Dunn
Edwards
Ehlers
Ehrlich
Emerson
Engel
English
Eshoo
Etheridge
Evans
Everett
Fattah
Ferguson
Flake
Fletcher
Foley
Forbes
Ford
Fossella
Frelinghuysen
Frost
Gallegly
Ganske
Gekas
Gephardt
Gibbons
Gilchrest
Gilman
Gonzalez
Goode
Goodlatte
Gordon
Goss
Graham
Granger
Graves
Green (TX)
Green (WI)
Greenwood
Grucci
Gutierrez
Gutknecht
Hall (OH)
[[Page H6776]]
Hall (TX)
Hansen
Hart
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Herger
Hill
Hilleary
Hinojosa
Hobson
Hoeffel
Hoekstra
Holden
Holt
Hooley
Horn
Hostettler
Houghton
Hoyer
Hulshof
Hunter
Hyde
Inslee
Isakson
Israel
Issa
Istook
Jenkins
John
Johnson (CT)
Johnson (IL)
Johnson, Sam
Jones (NC)
Kanjorski
Keller
Kelly
Kennedy (MN)
Kennedy (RI)
Kerns
Kildee
Kind (WI)
King (NY)
Kingston
Kirk
Knollenberg
Kolbe
LaFalce
Lampson
Langevin
Lantos
Largent
Larsen (WA)
Larson (CT)
Latham
LaTourette
Leach
Levin
Lewis (KY)
Linder
Lipinski
LoBiondo
Lofgren
Lowey
Lucas (KY)
Lucas (OK)
Luther
Maloney (CT)
Maloney (NY)
Manzullo
Mascara
Matheson
Matsui
McCarthy (MO)
McCarthy (NY)
McCollum
McCrery
McInnis
McIntyre
McKeon
McNulty
Meehan
Menendez
Mica
Miller, Gary
Mollohan
Moore
Moran (KS)
Moran (VA)
Morella
Murtha
Myrick
Neal
Nethercutt
Ney
Northup
Norwood
Nussle
Ortiz
Osborne
Ose
Oxley
Pallone
Pascrell
Pelosi
Pence
Peterson (PA)
Petri
Phelps
Pickering
Pitts
Platts
Pombo
Pomeroy
Portman
Price (NC)
Pryce (OH)
Putnam
Radanovich
Ramstad
Regula
Rehberg
Reyes
Reynolds
Riley
Rodriguez
Roemer
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Ross
Rothman
Royce
Ryan (WI)
Ryun (KS)
Sanchez
Sandlin
Sawyer
Saxton
Schaffer
Schiff
Schrock
Sensenbrenner
Sessions
Shadegg
Shaw
Shays
Sherman
Sherwood
Shimkus
Shows
Shuster
Simmons
Simpson
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Snyder
Souder
Spratt
Stearns
Stenholm
Strickland
Stump
Stupak
Sununu
Sweeney
Tancredo
Tanner
Tauscher
Tauzin
Taylor (MS)
Taylor (NC)
Terry
Thomas
Thompson (CA)
Thornberry
Thune
Thurman
Tiahrt
Tiberi
Toomey
Traficant
Turner
Upton
Vitter
Walden
Walsh
Wamp
Watkins (OK)
Watts (OK)
Waxman
Weiner
Weldon (FL)
Weldon (PA)
Weller
Wexler
Whitfield
Wicker
Wilson
Wolf
Wynn
Young (AK)
Young (FL)
NAYS--79
Ackerman
Baldwin
Barrett
Becerra
Blumenauer
Bonior
Boucher
Brown (OH)
Capuano
Clayton
Clyburn
Conyers
Coyne
Cummings
Davis (IL)
DeFazio
DeGette
Delahunt
Doggett
Farr
Filner
Frank
Hastings (FL)
Hilliard
Hinchey
Honda
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson, E. B.
Jones (OH)
Kaptur
Kilpatrick
Kleczka
Kucinich
LaHood
Lee
Lewis (GA)
Markey
McDermott
McGovern
McKinney
Meek (FL)
Meeks (NY)
Millender-McDonald
Miller, George
Mink
Nadler
Oberstar
Olver
Otter
Owens
Pastor
Paul
Payne
Peterson (MN)
Rahall
Rangel
Rivers
Roybal-Allard
Rush
Sabo
Sanders
Schakowsky
Scott
Serrano
Solis
Stark
Thompson (MS)
Tierney
Udall (CO)
Udall (NM)
Velazquez
Visclosky
Waters
Watson (CA)
Watt (NC)
Woolsey
Wu
ANSWERED ``PRESENT''--1
Obey
NOT VOTING--14
Abercrombie
Aderholt
Barton
Blunt
Boyd
Gillmor
Harman
Lewis (CA)
McHugh
Miller (FL)
Napolitano
Quinn
Roukema
Towns
{time} 1626
Mr. HONDA and Mr. BECERRA changed their vote from ``yea'' to ``nay.''
Ms. CARSON of Indiana changed her vote from ``present'' to ``yea.''
So the bill was passed.
The result of the vote was announced as above recorded.
The title of the bill was amended so as to read: ``To deter and
punish terrorist acts in the United States and around the world, to
enhance law enforcement investigatory tools, and for other purposes.''
A motion to reconsider was laid on the table.
____________________