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Draft PATRIOT Act
"Provide Appropriate Tools Required to Intercept and Obstruct Terrorism
Act of 2001" (Oct. 1, 2001)
PDF version (365K)
Nearly
identical Oct. 2 version, introduced
in the House as H.R. 2975 (PDF, 375KB)
[122 pages.]
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H.L.C.
[Footer] October 1, 2001 (3:22 PM)
F:\V7\100101\100101.ON4
107TH CONGRESS
1ST SESSION
H.R. ________
__________________________
IN THE HOUSE OF REPRESENTATIVES
Mr. SENSENBRENNER (for himself and Mr. CONYERS) introduced the following
bill; which was referred to the Committee on
____________________________________
__________________________
A BILL
To combat terrorism, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
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.
Sec. 102. Seizure of voice-mail messages pursuant to
warrants.
Sec. 103. Authorized disclosure.
Sec. 104. Savings provision.
Sec. 105. Interception of computer trespasser
communication.
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 crime 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 terrorism
Sec. 309. Definitions.
Sec. 310. Civil damages.
Subtitle B -- Criminal Procedure
Sec. 351. Single-jurisdiction search warrants for terrorism.
[Sec. 352 not used.]
Sec. 353. DNA identification of terrorists.
Sec. 354. Grand jury matters.
Sec. 355. Extraterritoriality.
Sec. 356. Jurisdiction over crimes committed at United
States facilities abroad.
Sec. 357. 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.
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 122(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) 0f 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. -- Sub-section (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
(B) by inserting "and 'contents' " after "electronic communication service".
(d) No LIABILITY FOR INTERNET SERVICE PROVIDERS. -- Section 3124(d) of title
187 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) and (b) --
(A) by striking "CONTENTS OF ELECTRONIC" inserting "CONTENTS OF WIRE OR
ELECTRONIC" each place it appears in a sub-section heading;
(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. 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 f 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 13 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:
"(1) 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 187 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, section 631(a) of the Communications
Act of 1934 shall 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:
"§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 para graph (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:
§2703. Required disclosure of customer communications or records";
(2) by redesignating paragraph (2) of sub-section (c) as paragraph (3),
(3) 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) not used.]
(D) by striking the period at the end of clause (iv) of subparagraph (B)
and inserting "; or";
(E) by inserting after clause (iv) of subparagraph (B) the following:
"(v) seeks information pursuant to subparagraph (B).";
(F) in subparagraph (C), by striking "(B)" and inserting "(A)" ; and
(G) by redesignating subparagraph (C) as subparagraph (B); and
(4) in subsection (e), by striking "or certification" and inserting
"certification, or statutory authorization".
SEC. 111. USE AS EVIDENCE.
(a) IN GENERAL. -- Section 25of 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",
(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)77 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;
(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 18 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
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 8 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 1of 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 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 6of Public Law 90 -- 3(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 an
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 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 to
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.
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
2(a) (3)(B) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(13))
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 (1), 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 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 18 as follows:
"(B) TERRORIST ACTIVITIES. -- Any alien is deportable who --
"(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,
"(b) has been determined by the Secretary of State to under mine 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 a 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 213(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)(e), 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)(11)), 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, 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 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-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 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);
(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;
(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 National Act (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 fall 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 in
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 is that are consistent with sections 212 4
through 216 of the National Crime Prevention and Privacy Compact Act of 1998
(42 U.S.C. 14611 et seq.).
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 non-immigrant 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 --
(1) 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 construing the terms "accompanying" and
"following to join" in subparagraph (A)(ii), any death of a principal alien
that is described in paragraph (1)(13)(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) 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 it 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 paragraph
had not been enacted; or
(II) the date that is 60 days after the date on which the application described
in clause (1) 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 (8U.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.
(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)(1) 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 (1), 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.
Subtitle A -- Substantive Criminal Law
SEC. 301. STATUTE OF LIMITATION FOR PROSECUTING TERRORISM
OFFENSES.
(a) IN GENERAL. -- -- Section 3286 of title 18, United States Code, is amended
to read as follows:
"§ 3286. Terrorism offenses
"(a) An indictment may be found or an information instituted at any time
without limitation for any Federal terrorism offense or any of the following
offenses:
"(1) A violation of, or an attempt or conspiracy to violate, section 32 (relating
to destruction of 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 all 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 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:
"§ 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 kidnapping, 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, 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 kidnapping),
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:
§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 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 (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.
24050)), section 620A of chapter 1 of part M of the Foreign Assistance Act
of 1961 (U.S.C. 2371), or section 40(d) of chapter 3 of the Arms Export Control
Act (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 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:
"§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 187 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 a new section as follows:
"§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, 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), to 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. 22S4);
"(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) destruction of interstate gas or hazardous
liquid pipeline facility) of title 49.";
(2) in the table of sections in the beginning of such chapter, by inserting
after the item relating to section the following:
"25. Federal terrorism offense defined.".
(b) Section 233219(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" i 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, |
