Text of the second draft of the bill (ATA):
Text of DoJ analysis of second draft (ATA):
Text of DoJ analysis of original draft (MATA):
"Redline" Showing How Title I, Subtitle A of Sep. 20 Draft Anti-Terrorism Legislation Would Amend Existing Law, September 20, 2001 [PDF format]
"Redline" Showing How Title I, Subtitle B, §§ 151-157 of 9/20 Draft Anti-Terrorism Legislation Would Amend Existing Law, September 20, 2001 [PDF format]
We do not have text of Sep. 20 draft of ATA yet.
[31 pages.]
107TH CONGRESS
1st SESSION
H.R. ________
To combat terrorism and defend the Nation against terrorist acts, and for
other purposes.
_________________________
IN THE HOUSE OF REPRESENTATIVES
September __, 2001
_________________
A BILL
To combat terrorism and defend the Nation against terrorist acts, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SEC. 1. SHORT TITLE.
This act may be cited as the "Mobilization Against Terrorism Act".
SEC. 2. TABLE OF CONTENTS.
The following is the table of contents for this Act:
Sec. 1 . Short title.
Sec. 2. Table of contents.
Title I -- INTELLIGENCE GATHERING
Subtitle A -- Electronic Surveillance
Sec. 101. Terrorism as a predicate act for authorization
of wiretaps.
Sec. 102. Emergency wiretap and pan register authorities.
See. 103. Modification of authorities relating to use
of pan registers and trap and trace devices.
Sec. 104. Limitation on statutory exclusion.
Sec. 105. Seizure of voice-mail messages pursuant to warrants.
Sec, 106. Multi-point wiretaps.
Sec. 107. Procedures for interception.
Sec, 108. Authorized disclosure.
Sec. 109. Savings provision.
Sec. 110. Use of wiretap information from foreign governments.
Subtitle B -- Foreign Intelligence Surveillance and Classified Information
Sec. 151. Period of orders of electronic surveillance
of non-United States persons under foreign intelligence surveillance.
Sec. 152. Third-party assistance.
Sec. 153. Foreign intelligence Information.
Sec. 154. Foreign intelligence information sharing.
Sec. 155. Federal Bureau of Investigation.
Sec. 156. Definition.
See. 157. Pen register and trap and trace authorization.
Sec. 158. Business records.
See. 159. Reporting.
Sec. 160. Miscellaneous national-security authorities.
See. 201. Administrative removal of terrorists.
Sec. 202. Definitions relating to terrorism.
Sec. 203. Mandatory detention of suspected terrorists.
Sec. 204. Habeas corpus and judicial review.
Sec. 205. Felony punishment for violence committed along
the United States border.
Sec. 206. Technical clarifications.
Subtitle A -- Substantive Criminal Law
Sec. 301. No statute of limitation for prosecuting terrorism
offenses.
Sec. 302. Alternative maximum penalties for terrorism
crimes.
Sec. 303. Penalties for terrorist conspiracies.
Sec. 304. Terrorism crimes as RICO predicates.
Sec. 305. Biological weapons.
Sec. 306. Support of terrorism through expert advice or
assistance.
See. 307. Concealment of terrorism crimes.
Sec. 308. Prohibition against harboring terrorists.
Sec. 309. Post-release supervision of terrorists.
Subtitle B -- Criminal Procedure
Sec. 351. Presumption against pretrial release in terrorism
cases.
Sec. 352. Administrative subpoenas in terrorism
investigations.
Sec. 353. Single-jurisdiction search warrants for terrorism.
Sec. 354. Notice.
Sec. 355. Undercover investigation of terrorists.
Sec. 356. DNA identification of terrorists.
Sec. 357. Grand jury matters.
Title IV -- FINANCIAL INFRASTRUCTURE
Sec. 401. Laundering the proceeds of terrorism.
Sec. 402. Material support for terrorism.
Sec. 403. Forfeitures relating to terrorism.
Sec. 404. Technical clarification relating to provision
of material support to terrorism.
Sec. 405. Disclosure of tax information in terrorism and
national-security investigations.
Title V -- EMERGENCY AUTHORIZATIONS
Sec. 501. Office of Justice Programs.
Sec. 502. Attorney General's authority to pay rewards.
SEC. 101. TERRORISM AS A PREDICATE ACT FOR AUTHORIZATION OF WIRETAPS.
Section 2516(1) of title 18, United States Code, is amended --
(1) by redesignating paragraph (p), as so redesignated by section 434(2) of Public Law 104-132 (110 Stat, 1274), as paragraph (r); and(2) by inserting after paragraph (p), as so redesignated by section 201(3) of division C of Public Law 104-208 (1110 Stat, 3009-565), the following new paragraph:
"(q) any violation of section 2332d or of a provision listed in section 2332b(g)(5)(B) (relating to terrorism); or".
SEC. 102. EMERGENCY WIRETAP AND PEN REGISTER AUTHORITIES.
Title 18, United States Code, is amended --
(1) in section 2518(7)(a)(iii), by inserting ", or domestic terrorism or international terrorism (as d8fined in section 2331)," after "organized crime";(2) in section 2331 --
(A) in subsection by replacing "assassination" with mass destruction, assassination,"; and(B) by inserting the following after subsection (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 --
"(i) to intimidate, coerce a civilian population;"(ii to influence the policy of a government by intimidation or
"(iii) to affect the conduct of a government by mass destruction, assassination, or kidnapping."; and
(3) in section 3125(a) --
(1) in subparagraph (1)(A), by striking "or" at the end;(2) in subparagraph (1)(B), by striking the comma at the end and inserting a semicolon; and
(3) by inserting after subparagraph (1)(8) the following new subparagraphs:
"(C) domestic terrorism or international terrorism defined in section 2331);"(D) immediate threat to public health or safety, or to the national security interests of the United States; or
"(E) an ongoing attack on the integrity or availability of a protected computer, which attack would be an offense punishable under section 1030(c)(2)(C),"; and
(iv) by replacing "or any Deputy Assistant Attorney General," with "any Deputy Assistant Attorney General, or any United States Attorney.".
SEC. 103. 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"; and(2) by inserting ", routing, addressing," after "dialing"
(3) by striking "call processing' and inserting "the processing and transmitting of wire and electronic communications".
(b) ISSUANCE OF ORDERS --
(1) IN GENERAL -- Subsection (a) of section 3123 of title 18, United States Code, is amended to read as follows:"(a) IN GENERAL --"(1) Upon an application made under section 3122(a)(1), the court shall enter an ex-parte order authorizing the installation and use of a pen register or trap and trace device anywhere within the United States, if the court finds that the attorney for the Government has certified to the court that the information likely to be obtained by such installation and use is relevant to an ongoing criminal investigation. The order shall, upon service thereof, apply to any entity providing wire or electronic communication service in the United States whose assistance may facilitate the execution of the order."(2) Upon an application made under section 3122(a)(2), the court shall enter an ex-parte order authorizing the installation and use of a pen register or trap and trace device within the jurisdiction of the court, if the court finds that the State law-enforcement or investigative officer has certified to the court that the information likely to be obtained by such installation and use is relevant to an ongoing criminal investigation.".(2) CONTENTS OF ORDER -- Subsection (b)(1) of section 3123 of title 18, United States Code, is amended --
(A) in subparagraph (A) --(i) by inserting "or other facility" after telephone line"; and(ii) by inserting before the semicolon at the end "or applied"; and
(B) by striking subparagraph (C) and inserting the following new subparagraph (C):
"(C) 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) NON-DISCLOSURE REQUIREMENTS -- Subsection (d)(2) of section 3123 of title 18, United States Code, is amended --
(A) by inserting 'or'other facility" after "the line", and(B) by striking ", or who has been ordered by the court" and inserting "or applied, or who is obligated by the order".
(c) DEFINITIONS
(1) COURT OF COMPETENT JURISDICTION -- Paragraph (2) of section 3127 of title 18, United States Code, is amended by striking subparagraph (A) and inserting the following new subparagraph (A):"(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"; 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 relevant to identifying the source of a wire or electronic communication.".
SEC. 104. LIMITATION ON STATUTORY EXCLUSION.
Section 2515 of title 18, United States Code, is amended by inserting after
"chapter" the following: ", provided, That the foregoing prohibition
shall not apply where the interception was pursuant to a good-faith reliance
on an order of a court of a State or of the United States".
SEC. 105. 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, by inserting "or wire" after "electronic" every place it occurs before "communication" or "communications".
SEC. 106. MULTI-POINT WIRETAPS.
Section 2518(11) of title 18, United States Code, is amended to read as follows:
"(11) The requirements of subsections (1)(b)(ii) and (3)(d), relating to the specification of facilities from which or the place where the communication is to be intercepted, do not apply if, in the case of an application with respect to the interception of wire, oral, or electronic communications --"(a) the application is by a federal investigative or law-enforcement officer, and is approved by the Attorney General, the Deputy Attorney General, the Associate Attorney General, or an Assistant Attorney General;"(b) the application contains a full and complete statement as to why such specification is not practical, and identifies the person committing the offense and whose communications are to be intercepted; and
"(c) the judge finds that the specification is not practical."
SEC. 107. PROCEDURES FOR INTERCEPTION.
Section 2518(3)(c) of title 18, United States Code, is amended by --
(1) "inserting "(i)" before "normal";(2) inserting "or" after the semicolon; and
(3) adding at the end the following:
"(ii) there is probable cause for belief that the wire, oral, or electronic communications are being used, or are about to be used, in connection with domestic terrorism or international terrorism (as defined in section 2331) or a matter representing an imminent threat to national security; and".
SEC. 108. AUTHORIZED DISCLOSURE.
Section 2510(7) of title 18, United States Code, is amended by adding ",
and (for purposes only of section 2517) any officer or employee of the executive
branch of the federal government" after "such offenses".
Section 2611(2)(f) of title 18, United States Code, is amended --
(1) by replacing "or chapter 121" with ", chapter 121, or chapter 206"; and(2) by replacing "wire and oral" with "wire, oral, and electronic".
SEC. 110. USE OF WIRETAP INFORMATION FROM FOREIGN GOVERNMENTS.
(a) Chapter 119 of title 18, United States Code, Is amended by adding a new section 2514, as follows:
"2514. Use of extraterritorial interceptions by foreign governments,"(1) Use of information lawfully received under United States law from the Interception of wire, oral or electronic communications outside the United States by a foreign government without the connivance or participation of any officer or employee of the United States or person acting at the direction thereof shall be admissible, and the information or derivative information therefrom May be disclosed, in any proceeding held under the authority of the United States or any state or political subdivision thereof,"(2) Information described in subsection (1) the government alleges could affect the national security shall have the same protection afforded by law to confidential informants."
(b) The chapter analysis for chapter 119 of title 18, United States Code,
is amended by inserting before the item relating to section 2515 the following:
"2514, Use of extraterritorial interceptions by foreign governments.".
The Foreign Intelligence Surveillance Act of 1978 is amended by adding "or an agent of a foreign power, as defined in section 101(b)(1)(A)," --
(1) in section 105(e)(1) (50 U,S.C, 1805(e)(1)), after "or (3),"; and(2) in section 304(d)(1) (50 U.S.C. 1824(d)(1)), after "101 (a),".
SEC. 152. THIRD-PARTY ASSISTANCE.
Section 105(c)(2)(B) of the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1805(c)(2)(B)) is amended by inserting ", or, in circumstances
where the Court finds that the actions of the target of the application may
have the effect of thwarting the identification of a specified person, such
other persons," after "specified person".
SEC. 153. FOREIGN INTELLIGENCE INFORMATION.
The Foreign Intelligence Surveillance Act of 1978 is amended by replacing "that the" with "'that a" --
(1) in section 104(a)(7)(B) (50 U.S.C. 11804(a)(7)(B)); and(2) in section 303(a)(7)(B) (50 U,S.C. 1823(a)(7)(13)).
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,
without limitation, information subject to Rule 6(e) of the Federal Rules
of Criminal Procedure and information obtained pursuant to chapter 119 of
title 18, United States Code ) to be provided to any federal law-enforcement,
intelligence, or national-defense personnel.
SEC. 155. FEDERAL BUREAU OF INVESTIGATION.
The Foreign Intelligence Surveillance Act of 1978 is amended by inserting "the Director of the Federal Bureau of Investigation (or, in his absence, the Deputy Director thereof)," after "Affairs," --
(1) in section 105(a)(7) (50 U.S.C. 1805(a)(7)); and(2) in section 303(a)(7) (50 U.S.C. 1823(a)(7)).
Section 101(a) of the Foreign Intelligence Surveillance Act of 1978 (60 U.S.C. 1801 (a)) is amended by adding after paragraph (6) a new paragraph as follows:
"(7) any foreign-directed individual, group, or entity designated by the President as a foreign intelligence priority in accordance with the procedures described in Presidential Directive 35 (or its successor), or any foreign-directed individual, group, or entity engaged in a transnational activity so designated thereunder."
SEC. 157. PEN REGISTER AND TRAP AND TRACE AUTHORITY.
Section 402(c) of the Foreign Intelligence Surveillance Act of 19" (50 U.S.C. 1842(c)) is amended --
(1) at the end of paragraph (1), by adding "or";(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 replacing all the matter after "General" with a period; and
(3) by striking paragraph (3).
Section 501 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861) is amended to read as follows:
"§ 1861. AdmInistrative subpoenas."(a) In any investigation to gather foreign intelligence information or an investigation concerning international terrorism, which investigation is being conducted by the Federal Bureau of Investigation under such guidelines as the Attorney General may approve pursuant to Executive Order 12333 (or a successor order), the Attorney General may require the production of any records (including books, papers, documents, and other tangible things) that he considers relevant to the investigation."(b) In the case of contumacy by or refusal to obey a requirement issued pursuant to subsection (a) or sections 1805 or 1824, the Attorney General may invoke the aid of the Foreign Intelligence Surveillance Court. The court may issue an order requiring the person to appear before the Attorney General to produce records, if so ordered. Any failure to obey the order of the court may be punished as a contempt thereof."
Section 108(a) of the Foreign Intelligence Surveillance Act of 1978 (50 U..S.C.
1808(a)) is amended by striking paragraph (2) and by redesignating paragraph
(1) as subsection (a).
SEC. 160. MISCELLANEOUS NATIONAL-SECURITY AUTHORITIES.
(a) Section 2709(b) of title 18, United States Code, is amended --
(1) by inserting "at Bureau headquarters or Special Agent in Charge in Bureau field offices" before ", may" the first place it occurs;(2) in paragraph (1) --
(A) by replacing "the Director" and all that follows through "offices" with "he"; and(B) by replacing "made that" and all that follows through the end with "made that the name, address, length of service, and toll billing records sought are relevant to an authorized foreign counterintelligence investigation,"; and
(3) in paragraph (2) --
(A) by replacing "the Director" and all that follows through "offices" with "he"; and(B) by replacing "made that" and all that follows through the end with "made that the information sought is relevant to an authorized foreign counterintelligence investigation."
(b) Section 1114(a)(5)(A) of Public Law 95-630 (12 U.S.C, 3414(a)(5)(A)) is amended --
(1) by inserting "in a position not lower than Deputy Assistant Director at Bureau headquarters or Special Agent in Charge in Bureau field offices" after "designee"; and(2) by striking all the matter following "purposes" up to the period; and
(c) Section 624 of Public Law 90-321 (15 U.S.C. 1681u) is amended --
(1) in subsection (a) --(A) by inserting "in a position not lower than Deputy Assistant Director at Bureau headquarters or Special Agent in Charge in Bureau field offices" after "designee" the first place it appears; and(B) by replacing "writing that" and all that follows through the end with "writing such information is necessary for the conduct of an authorized foreign counterintelligence investigation.";
(2) in subsection (b) --
(A) by inserting "(in a position not lower than Deputy Assistant Director at Bureau headquarters or Special Agent in Charge in Bureau field offices)" after "designee" the first place it appears; and(B) by replacing "writing that" and all that follows through the end with "writing that such information is necessary for the conduct of an authorized foreign counterintelligence investigation."; and
(3) in subsection (c) --
(A) by inserting "(in a position not lower than Deputy Assistant Director at Bureau headquarters or Special Agent in Charge in Bureau field offices)" after "designee"; and(B) by replacing "camera that" and all that follows through "States." with "camera that the consumer report is necessary for the conduct of an authorized foreign counterintelligence investigation."
SEC. 201. ADMINISTRATIVE REMOVAL OF TERRORISTS.
Section 238 of the Immigration and Nationality Act of 1952 (8 U.S.C. 1228) is amended --
(1) in the heading, by replacing "Aliens Convicted Of Committing Aggravated Felonies" with "Certain Aliens";(2) in the heading of subsection (a), by inserting "Institutional" before "Removal";
(3) in paragraph (a)(1), by replacing "241" each place it appears with "237",
(4) by amending the heading of subsection (b) to read "Proceedings for the Administrative Removal of Aliens";
(5) in subsection (b)(1), by inserting "or, in the case of an alien certified under paragraph (2)(G), under any provision of section 237," after a felony)";
(6) in subparagraph (b)(2)(A), by striking "or" at the end;
(7) at the end of subparagraph (b)(2)(B), by replacing the period with "; or", and by inserting thereafter a new subparagraph as follows:
"(C) has been certified by the Attorney General, pursuant to paragraph (6), which certification is not reviewable except as provided in paragraph (b)(7).";(8) at the end of paragraph (b)(5), by inserting two new paragraphs as follows:
"(6) Recommendation to the Attorney General. -- The Commissioner, after consultation with the Director of the Federal Bureau of Investigation, may recommend to the Attorney General that an alien be certified as an alien the Service has reason to believe may further or facilitate acts of terrorism as described in section 237(a)(4)(a)(i), or 237(a)(4)(a)(iii), or 237(a)(4)(8), or any other activity that endangers the national security of the United States, which recommendation is not reviewable by any court."(7) Notwithstanding any other provision of law, judicial review of an order under subparagraph (b)(2)(C) shall be available only by a filing in the United States Court of Appeals for the District of Columbia,"
(9) by replacing the subsection (c) not redesignated as such by section 671 (b)(11 3) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 with the following:
"(c) Presumption Of Removability. -- An alien convicted of an aggravated felony, or certified pursuant to section 238(b)(2)(C), shall be conclusively presumed to be removable from the United States,";(10) by redesignating the subsection (c) redesignated as such by section 671(b)(13) of Illegal Immigration Reform and Immigrant Responsibility Act of 1998 as subsection (d).
SEC. 202. DEFINITIONS RELATING TO TERRORISM.
The Immigration and Nationality Act of 1952 is amended --
(1) in Section 212(a)(3)(B) (8 U,S,C. 1182) --
(A) in clause (ii) --(i) by inserting "it had been" before "committed in the United States"; and(ii) by replacing "or firearm" with ", firearm, or other weapon";
(B) by amending clause (iii) to read as follows:
"(iii) Engage in terrorist activity defined"As used in this chapter, the term "engage in terrorist activity" means, in an individual capacity or as a member of an organization --
"(I) to commit or to incite to commit, under circumstances indicating an intention to cause death or serious bodily injury, an act of terrorist activity-,"(II) to prepare or plan a terrorist activity;
"(III) to gather information on potential targets for terrorist activity;
"(III)[duplication] to solicit funds or other things of value for terrorist activity or for any terrorist organization;
"(IV) to solicit any individual for membership in a terrorist organization, terrorist government, or to engage in a terrorist activity; or
"(V) otherwise to commit an act that the actor knows, or reasonably should know, affords material support (including, without limitation, a safe house, transportation, communications, funds, transfer of funds or other material financial benefit, false documentation or identification, weapons, explosives, or training), to any organization that the actor knows, or reasonably should know, is a terrorist organization, or to any individual whom the actor knows, or reasonably should know, has committed or plans to commit any terrorist activity.
"This clause shall not be construed to encompass any material support the alien affords to an individual who had previously committed terrorist activity if the alien establishes by clear and convincing evidence that such support was afforded only after that individual had permanently and publicly renounced and rejected the use of, and had ceased to commit or support, any terrorist activity."; and
(C) by adding a new clause after clause (iv) to read as follows;
"(v) Terrorist organization defined"As used in clause (iii), the term "terrorist organization" means any organization --
"(I) designated or redesignated under section 219;"(II) that commits or materially supports, or that has a significant subgroup that commits or materially supports, terrorist activity, regardless of any other activities conducted by the organization or its subgroups;
"(III) that intends to commit or materially support, or that has a significant subgroup.that intends to commit or materially support, terrorist activity, regardless of any other activities conducted by the organization or its subgroups; or
"(IV) that has committed or materially supported, or that has a significant subgroup that has committed or materially supported, terrorist activity, regardless of any other activities conducted by the organization or subgroups, unless the alien establishes by clear and convincing evidence that the material support was only afforded after the organization and all of its significant subgroups had permanently and publicly renounced and rejected the use of, and had ceased to commit or support, any terrorist activity."; and
(2) in Section 219(a) (8 U.S.C. 1189(a)) --
(A) in subparagraph (1)(B), by inserting "or terrorism (as defined in section 140(d)(2) of the State Department Authorization Act, Public Law 100-204 (22 U.S.C. 2656f(d)(2)))" after "212(a)(3)(B))";(B) in subparagraph (I )(C), by inserting "or terrorism" after "terrorist activity";
(C) by amending subparagraph (2)(A) to read as follows:
"(A) NOTICE. --"(i) Seven days before making a designation under this subsection, the Secretary shall, by classified communication, notify the Speaker and Minority Leader of the House of Representatives, the President pro tempore, Majority Leader, and Minority Leader of the Senate, and the members of the relevant committees, in writing, of the intent to designate an organization under this subsection, together with the findings made under paragraph (1) with respect to that organization, and the factual basis therefor."(ii) The Secretary shall publish the designation in the Federal Register seven days after providing the notification under clause (i).";
(D) in clause (2)(13)(i), by replacing "subparagraph (A)" with "subparagraph (A)(ii)";
(E) in subparagraph (2)(C), by replacing "paragraph (2)" with "paragraph (2)(A)(i)";
(F) In subparagraph (3)(B), by replacing "subsection (c)" with "subsection (b)":
(G) in subparagraph (4)(B), by inserting after the first sentence the following:
"The Secretary also may redesignate such organization at the end of any 2-year redesignation period (but not sooner than 60 days prior to the termination of such period) for an additional 2-year period upon a finding that the relevant circumstances described in paragraph (1) still exist. Any redesignation shall be effective immediately following the end of the prior 2-year designation or redesignation period unless a different effective date is provided in such redesignation.";(H) in subparagraph (6)(A),
(i) by inserting "'or a redesignation made under paragraph (4)(B)" after "paragraph (1)";(ii) in clause (i), by
(I) inserting "or redesignation" after "designation" the first time it appears: and(II) striking "of the designation"; and
(iii) in clause (ii), by striking "of the designation";
(I) in subparagraph (6)(B), by
(i) replacing "through (4)" with "and (3)"; and(ii) inserting the following new sentence at the end:
"Any revocation shall take effect an the date specified in the revocation or upon publication in the Federal Register if no effective date is specified.";(J) in paragraph (7), by inserting ", or the revocation of a redesignation under paragraph (6)," after "paragraph (5) or (6)"; and
(K) in paragraph (8), by
(i) replacing. "paragraph (1)(B)" with "paragraph (2)(B), or if a redesignation under this subsection has become effective under paragraph (4)(B)";(ii) inserting "or an alien in a removal proceeding" after "criminal action"; and
(iii) inserting "or redesignation" before "as a defense".
SEC. 203. MANDATORY DETENTION OF SUSPECTED TERRORISTS.
Section 236 of the Immigration and Nationality Act is amended --
(1) by redesignating subsection (e) as (f) and by inserting before the same the following new subsection:"(e) Detention of Terrorist Aliens. --"(1) Custody. -- Upon concurrence with such recommendation, the Attorney General shall take into custody any alien who is certified under paragraph (3)."(2) Release. -- The Attorney General shall maintain custody any such alien until such alien is removed from the United States. Such custody shall be maintained irrespective of any relief from removal the alien may be eligible for or granted until the Attorney General deems such alien is no longer an alien who may be certified pursuant to paragraph (3).
"(3) Certification. -- The Commissioner, after consultation with the Director of the Federal Bureau of Investigation, may recommend to the Attorney General that an alien be certified as an alien the Service has reason to believe may further or facilitate acts of terrorism as described in section 237(a)(4)(A)(i), or 237(a)(4)(A)(iii), or 237(a)(4)(B), or any other activity that endangers the national security of the United States. Such recommendation is not reviewable by any court."
SEC. 204. HABEAS CORPUS AND JUDICIAL REVIEW.
Except as provided herein and notwithstanding any other provision of law, including section 2241 of title 28, United States Code, no court shall have jurisdiction to review, by habeas corpus petition or otherwise, any action taken, administrative proceeding brought, or determination made --
(1) to detain an alien under section 203 of this Act; without regard to the place of detention, judicial review of the detention of suspected terrorists is available only by habeas corpus petition filed in the United States District Court for the District of Columbia, and only upon issuance of a final order of removal pursuant,to sections 238 or 240 of the Immigration and Nationality Act of 1952; and(2) to remove an alien under section 201 of this Act; without regard to the place in which the immigration court or other administrative proceedings were conducted, judicial review of an order of removal of an alien terrorist entered under section 238 or 240 of the Immigration and Nationality Act of 1952, and of any cause of claim raised with respect to the proceedings which resulted in such order, is available only by petition for review filed in the United States Court of Appeals for the District of Columbia Circuit, in accordance with the procedures and limitations specified in section 242 of such Immigration and Nationality Act.
SEC. 205. FELONY PUNISHMENT FOR VIOLENCE COMMITTED ALONG THE UNITED STATES BORDER.
(a) IN GENERAL. -- Chapter 27 of title 18, United States Code, is amended by adding at the end the following:
"Sec. 554. Violence while eluding inspection or during violation of arrival, reporting, entry, or clearance requirements"(a) IN GENERAL -- Whoever attempts to commit or commits a crime of violence or recklessly operates any conveyance during and in relation to --"(1)"(A) attempting to elude or eluding immigration, customs, or agriculture inspection; or"(B) failing to stop at the command of an officer or employee of the United States charged with enforcing the immigration, customs, or other laws of the United States along any border of the United States; or
"(2) an intentional violation of arrival, reporting, entry, or clearance requirements, as sat forth in section 107 of the Federal Plant Pest Act (7 U.S.C. 150ff), section 10 of the Act of August 20, 1912 (commonly known as the 'Plant Quarantine Act' (7 U.S.C. 164a)), section 7 of the Federal Noxious Weed Act of 1974 (7 U.S.C. 2807), section 431, 433, 434, or 459 of the Tariff Act of 1930 (19 U.S.C. 1431, 1433, 1434, and 1459), section 10 of the Act of August 30, 1890 (26 Stat. 417; chapter 839 (21 U.S.C. 105)), section 2 of the Act of February 2, 1903 (32 Stat. 792; chapter 349 21 U.S.C. 111), section 4197 of the Revised Statutes (46 U.S.C, App. 91), or sections 231, 232, and 234 through 238 of the Immigration and Nationality Act (8 U.S.C. 1221, 1222, and 1224 through 1228) shall be --
"(A) fined under this title, imprisoned not more than 5 years, or both;"(B) if bodily Injury (as defined in section 1365(g)) results, fined under this title, imprisoned not more than 10 years, or both; or
"(C) if death results, fined under this title, imprisoned for any term of years or for life, or both, and may be sentenced to death.
"(b) CONSPIRACY -- If 2 or more persons conspire to commit an offense under subsection (a), and 1 or more of those persons do any act to effect the object of the conspiracy, each shall be punishable as a principal, except that a sentence of death may not be imposed pursuant to this subsection.".
(b) CLERICAL AMENDMENT -- The analysis for chapter 27 of title 18, United States Code, is amended by adding at the end the following: "654. Violence while eluding inspection or during violation of arrival. reporting, entry, or clearance requirements,".
(c) RECKLESS ENDANGERMENT -- Section 111 of title 18, United States Code, is amended --
(1) by redesignating subsection (b) as subsection (c); and(2) by inserting after Subsection (a) the following:
"(b) RECKLESS ENDANGERMENT -- Whoever --
"(1) knowingly disregards or disobeys the lawful authority or command of any officer or employee of the United States charged with enforcing the immigration, customs, or other laws of the United States along any border of the United States while engaged in, or on account of, the performance of official duties of that officer or employee; and"(2) as a result of disregarding or disobeying an authority or command referred to in paragraph (1 ), endangers the safety of any person or property, shall be fined under this title, imprisoned not more than 6 months, or both.".
SEC. 206. TECHNICAL CLARIFICATIONS.
(a) Notwithstanding any other provision of law, the amendments made by this title shall apply to all aliens, regardless of whether any such aliens entered the United States before or after the date of the enactment of this Act, or whether any relevant activity by any such aliens occurred before or after such date, and shall apply to all past, pending, or future deportation, exclusion, removal, or other immigration proceedings.
(b) If any provision of this Act or any application of any such provision
to any person or circumstance be held to be unconstitutional, the remainder
of this Act, and the application of such remainder to any person or circumstance
shall not be affected thereby.
SEC. 301. NO 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"Notwithstanding any other provision of law, an indictment may be found or an information instituted for any offense described in section 2332b(g)(5)(B) at any time without limitation.".
(b) CONFORMING AMENDMENTS. --
(1) The analysis for 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."; and(2) section 2332b(g)(5)(B)(iii) of title 18, United States Code, is amended by inserting after "piracy)" the following:
", section 46504 (relating to interference with a flight crew), section 46505 (relating to carrying a weapon or explosive on aircraft), section 46506 (relating to application of certain criminal laws to acts on aircraft),".
SEC. 302. ALTERNATIVE MAXIMUM PENALTIES FOR TERRORISM CRIMES.
Section 3559 of title 18, United States Code, is amended by adding at the end the following:
"(e) Authorized terms of imprisonment for terrorism crimes. -- A person convicted of any offense listed in section 2332b(g)(5)(B) 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"Any person who attempts or conspires to commit any offense described in section 2332b(g)(5)(B)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,"; and
(2) in the analysis for the chapter, by inserting after the item relating to section 2332b the following:
"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 the following: "financial gain, or (G) any act that is indictable under any provision listed in section 2332b(g)(5)(B) (relating to terrorism);".
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 the following: "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 reason ably justified by a prophylactic, protective or other peaceful purpose, shall be fined under this title, imprisoned not more than 10 years, or both. Knowledge of whether the type or quantity of any biological agent, toxin, or delivery system is reasonably justified by a peaceful purposes not an element of the offense.";(2) after section 175a, by adding a now section as follows:
"§ 175b. Possession by restricted persons"(a) No person described in section 922(g) shall ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any biological agent or toxin, or receive any biological agent or toxin that has been shipped or transported in interstate or foreign commerce, if the biological agent or toxin is listed as a 'select agent' in subsection (j) of section 72.6 of title 42, Code of Federal Regulations, pursuant to section 511(d)(1) of the Antiterrorism and Effective Death Penalty Act of 1995 (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. The prohibition of this section shall also apply to an alien (other than all alien lawfully admitted for permanent residence) who is a national of a country as to which the Secretary of State, pursuant to section 60) of tile Export Administration Act, as amended (50 U.S.C. App, 2405(j)) (or its successor law), section 620A of chapter 1 of part M of the Foreign Assistance Act of 1961, as amended (22 U.S.C. 2371), or section 40(d) of chapter 3 of the Arms Export Control Act, as amended (22 U.S.C. 2780(d)), has made a determination, which remains in effect, that such country has repeatedly provided support for acts of international terrorism."(b) Whoever knowingly violates this section shall be fined as provided in this title, imprisoned not more then ten years, or both."; and
(3) in the chapter analysis, 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), by striking "section 32" and all that follows through "49" and inserting "any provision listed in section 2332b(g)(5)(B)"; and(2) in subsection (b), by inserting "expert advice or assistance" after "training,".
SEC. 307. CONCEALMENT OF TERRORISM CRIMES.
Section 4 of title 18, United States Code, is amended by inserting before
the period the following: ", or if the felony is an offense described in
section 2332b(g)(5)(13), shall be fined tinder this title or imprisoned not
more than 10 years, or both.".
SEC. 308. PROHIBITION AGAINST HARBORING TERRORISTS.
Section 792 of title 18, United States Code, is amended by inserting before
"shall be fined" the following: "or an offense described in section
2332b(g)(5)(B),".
SEC. 309. POST-RELEASE SUPERVISION OF TERRORISTS.
Section 3583 of title 18, United States Code, is amended by adding at the end the following:
"(j) Supervised release terms for terrorism offenses. -- Notwithstanding subsection (b), the authorized terms of supervised release for any offense described in section 2332b(g)(5)(B) are any term of years or life.".
SEC. 351. PRESUMPTION AGAINST PRETRIAL RELEASE IN TERRORISM CASES.
Section 3142(e) of title 18, United States Code, is amended in the final
sentence by striking "or an offense under section 924(c), 956(a), or 2332b
of title 18 of the United States Code" and inserting: ", an offense under
section 924(c) or 956(a) of this title, or an offense described in section
2332b(g)(5)(8) of, this title.".
SEC. 352. ADMINISTRATIVE SUBPOENAS IN TERRORISM INVESTIGATIONS.
(a) IN GENERAL -- Chapter 1128 of title 18, United States Code, is amended by inserting after section 2332a the following:
"Sec. 2332f. Administrative subpoenas in investigations of Federal crimes of terrorism"(a) AUTHORIZATION OF USE -- In any investigation relating to his functions under this chapter with respect to Federal crimes of terrorism (as defined in section 2332b), the Attorney General may subpoena witnesses, compel the attendance and testimony of witnesses, and require the production of any records (including books, papers, documents, electronic data, and other tangible things that constitute or contain evidence) that he finds relevant or material to the investigation. A subpoena under this section shall describe the records or items required to be produced and prescribe a return date within a reasonable period of time within which the records or items can be assembled and made available. The attendance of witnesses and the production of records may be required from any place in any State or in any territory or other place subject to the jurisdiction of the United States at any designated place of hearing; except that a witness shall not be required to appear at any hearing more than 500 miles distant from the place where he was served with a subpoena. Witnesses summoned under this section shall be paid the same fees and mileage that are paid to witnesses in the courts of the United States."(b) SERVICE -- A subpoena issued under this section may be served by any person designated in the subpoena as the agent of service. Service upon a natural person may be made by personal delivery of the subpoena to him or by certified mail with return receipt requested. Service may be made upon a domestic or foreign corporation or upon a partnership or other unincorporated association that is subject to suit under a common name, by delivering the subpoena to an officer, to a managing or general agent, or to any other agent authorized by appointment or by law to receive service of process. The affidavit of the person serving the subpoena entered by him on a true copy thereof shall be sufficient proof of service.
"(c) ENFORCEMENT -- In the case of the contumacy by, or refusal to obey a subpoena issued to, any person, the Attorney General may invoke the aid of any court of the United States within whose jurisdiction the investigation is carried on or the subpoenaed person resides, carries on business, or may be found, to compel compliance with the subpoena. The court may issue an order requiring the subpoenaed person, in accordance with the subpoena, to appear, to produce records, or to give testimony touching the matter under investigation. Any failure to obey the order of the court may be punished by the court as contempt thereof. Any process under this subsection may be served in any judicial district in which the person may be found.
"(d) NON-DISCLOSURE REQUIREMENTS --
"(1) IN GENERAL -- Except as otherwise provided by law, the Attorney General may apply to a court for an order requiring the party to whom an administrative subpoena is directed to refrain from notifying any other party (except such party's attorney) of the existence of the subpoena (and/or any related court order) for such period as the court may deem appropriate."(2) ORDER -- The court shall enter such order if it determines that there is reason to believe that notification of the existence of the administrative subpoena will result in --
"(A) endangerment of the physical safety of an individual;"(B) flight from prosecution;
"(C) destruction of or tampering with evidence;
"(D) intimidation of potential witnesses; or
"(E) other serious jeopardy to an investigation, or undue delay of a trial,
"(e) IMMUNITY FROM CIVIL LIABILITY -- Any person, including officers, agents, and employees, who in good faith produce the records or items requested in a subpoena shall not be liable in any court of any State or the United States to any customer or other person for such production or for non-disclosure of that production to the customer or other person, in compliance with the terms of a court order for non-disclosure.".
(b) TECHNICAL AND CONFORMING AMENDMENT -- The analysis for chapter 113B of title 18, United States Code, is amended by inserting after the item relating to section 2332e the following:
"Sec. 2332f. Administrative subpoenas in investigations of Federal crimes of terrorism".
SEC. 353. SINGLE-JURISDICTION SEARCH WARRANTS FOR TERRORISM.
Rule 41 (a) of the Federal Rules of Criminal Procedure is amended by inserting after "executed" the following: ", and (3) in an investigation of domestic terrorism or international terrorism (as defined in section 2331 of title 18, United States Code), by a federal magistrate judge in any district in which activities related to the terrorism may have occurred, for a search of property or for a person within or outside the district".
Section 3103a of title 18, United States Code, is amended by adding at the
end the following: "With respect to any issuance of a warrant or court order
under this section or any other law or rule to search for and seize any property
or material that constitutes evidence of a criminal offense in violation
of the laws of the United States, any notice required, or that may be required,
to be given may be delayed pursuant to the standards, terms, and conditions
set forth in section 2705, unless otherwise expressly provided by statute.".
SEC. 355. UNDERCOVER INVESTIGATION OF TERRORISTS.
Section 530B of title 28, United States Code, is amended by adding at the end following:
"(d) Notwithstanding subsection (a), this section does not limit the authority
of an attorney for the Government to engage in any conduct consistent with
the Constitution of the United States that involves advising or participating,
directly or indirectly, in any covert or undercover investigation, or in
the questioning of any suspect or defendant,".
SEC. 356. DNA IDENTIFICATION OF TERRORISTS.
Section 3(d) of the DNA Analysis Backlog Elimination Art of 2000 (42 U.S.C. 14135b(d)) is amended to read as follows;
"(d) QUALIFYING FEDERAL OFFENSES. -- The offenses that shall be treated for purposes of this section as qualifying Federal offenses are --"(1) all felonies, and"(2) all offenses under chapter 109A of title 18, United States Code.".
(a) Rule 6(e)(3)(A) of the Federal Rules of Criminal Procedure. is amended --
(1) by striking "and" at the and of subdivision (i);(2) by striking "." at the end of subdivision (11) and inserting "; and";
(3) by inserting after subdivision (ii) the following:
"(iii) federal law-enforcement, intelligence, or national-defense personnel where the matters pertain to international terrorism or domestic terrorism (as defined In section 2331 of title 18, United States Code), or a matter of national security.".
(b) Rule 6(e)(2) of the Federal Rules of Criminal Procedure is amended by
inserting "(which term shall not be understood to include subpoenaed documents,
records, instruments, or any tangible Items)" after "jury".
SEC. 401. LAUNDERING THE PROCEEDS OF TERRORISM.
Section 1956(c)(7)(D) of title 18, United States Code, Is amended by inserting
"or 2339B" after "2339A".
SEC. 402. MATERIAL SUPPORT FOR TERRORISM.
Section 2339A of title 18, United States, Code, is amended by replacing "or
other financial securities" with "or monetary instruments or financial securities
of any kind whatsoever".
SEC. 403. FORFEITURES RELATING TO TERRORISM.
Chapter 48 of title 18, United States Code, is amended --
(1) in section 981 (a)(1) by adding a new subparagraph after subparagraph (F) as follows:"(G) Any property, real or personal, used to commit or facilitate the commission of, derived from, or otherwise involved in, a violation of a provision listed in section 2332b(g)(b)(5); and(2) in section 982(a), by adding a new paragraph after paragraph (8) as follows:
"(9) The court, in imposing sentence on a person convicted of an offense listed in section 2332b(g)(5)(B), shall forfeit to the United States any property, real or personal, used to commit or facilitate the commission of, derived from, or otherwise involved in, the offense.".
SEC. 404. TECHNICAL CLARIFICATION RELATING TO PROVISION OF MATERIAL SUPPORT TO TERRORISM.
No provision of title IX of Public Law 106-387 shall be understood to limit
or otherwise affect section 2339A or 2339B of title 18, United States Code.
SEC. 405. DISCLOSURE OF TAX INFORMATION IN TERRORISM AND NATIONAL-SECURITY INVESTIGATIONS.
Section 6103 of title 26, United States Code, is amended --
(1) In paragraph (i)(3), by adding a now subparagraph after subparagraph (6) as follows:"(C) Response to Terrorist Incidents and Threats -- The Secretary may disclose returns or return information to the extent necessary to assist officers or employees of any Federal, State or local law enforcement agency involved in the response to or the investigation of terrorist incidents, threats, or activities.", and(2) in subsection (1), by adding a new paragraph after paragraph (6), as follows,
"(7) Information Concerning Terrorist Activities.--Returns and return information shall be open to inspection by, or disclosure to, officers and employees of the Department of Justice and the Department of Treasury engaged in the collection or analysis of intelligence and counterintelligence information concerning terrorist organizations or activities, and such returns and return information may be disseminated to other intelligence agencies only for use in counterterrorist analysis and investigation into terrorist activities."
SEC. 501. OFFICE OF JUSTICE PROGRAMS.
(a) In connection with the airplane hijackings and terrorist acts (including, without limitation, any related search, rescue, relief, assistance, or other similar activities) that occurred on September 11, 2001, in the United States --
(1) such sums are appropriated as may be necessary for the payment of benefits under section 1201 (b) of the Omnibus Crime Control and Safe Streets Act of 1968, notwithstanding the annual aggregate limitation contained therein, with respect to the permanent and total disability of any eligible public safety officer directly resulting therefrom; and(2) for grants, to supplement funds otherwise available to provide grants to States for compensation and assistance in accordance with section 1404B(b) of the Victim Compensation and Assistance Act, not to exceed $700,000,000 (at the discretion of the Attorney General), which shall remain available until expended, is hereby appropriated from balances in the Crime Victims Fund, to be allocated among the affected States in accordance with estimates, based on State laws;
provided, That such amounts as may be made available by this section are designated as an emergency requirement pursuant to section 251 (b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985.
(b) Section 112 of title I of section 101 (b) of division A of Public Law 105-277 and section 108(a) of appendix A of Public Law 106-113 (113 Stat. 1501A-20) are amended -- (1) after "that Office", each place it occurs, by inserting "(including, notwithstanding any contrary provision of law (unless the same should expressly refer to this section), any organization that administers any program established in title 1 of Public Law 90-351)"; and (2) by inserting "functions, including any" after "all".
(c) Section 1404B(b) of the Victim Compensation and Assistance Act is amended after "programs" by inserting ", to victim service organizations, to public agencies (including Federal, State, or local governments), and to non-governmental organizations that provide assistance to victims of crime,".
(d) Section 1 of H.R. 2882 of 2001, upon its taking affect as law, is amended
in section 1 (a) by striking ", (d),", by inserting "(containing sufficient
information to permit a proper distribution pursuant to such section 1201(a),
where relevant)" before "by a", and by replacing all the matter after
"certification," with "benefits under such section 1201(a) and the first
year's benefits under such section 1201(b).".
SEC. 502. ATTORNEY GENERAL'S AUTHORITY TO PAY REWARDS.
No reward by the Attorney General in connection with airplane hijackings or terrorist acts shall be subject to any per- or aggregate reward spending limitation established by law, unless the same should expressly refer to this section, and no reward paid pursuant to any such offer shall count toward any such aggregate reward spending limitation.
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