107 th Congress 1st Session
HOUSE OF REPRESENTATIVES
Rept. 107 236 Part 1
PROVIDE APPROPRIATE TOOLS REQUIRED TO INTERCEPT AND OBSTRUCT TERRORISM
(PATRIOT) ACT OF 2001
R E P O R T
of the
COMMITTEE ON THE JUDICIARY
HOUSE OF REPRESENTATIVES
to accompany
H.R. 2975
together with
ADDITIONAL VIEWS
[Graphic Image Not Available]
October 11, 2001.--Ordered to be printed
PROVIDE APPROPRIATE TOOLS REQUIRED TO INTERCEPT AND OBSTRUCT TERRORISM
(PATRIOT) ACT OF 2001
107 th Congress
Rept. 107 236
HOUSE OF REPRESENTATIVES
1st Session
Part 1
PROVIDE APPROPRIATE TOOLS REQUIRED TO INTERCEPT AND OBSTRUCT TERRORISM
(PATRIOT) ACT OF 2001
October 11, 2001.--Ordered to be printed
Mr. Sensenbrenner, from the Committee on the Judiciary, submitted the
following
R E P O R T
together with
ADDITIONAL VIEWS
[To accompany H.R. 2975]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to whom was referred the bill (H.R.
2975) to combat terrorism, and for other purposes, having considered the
same, reports favorably thereon with an amendment and recommends that
the bill as amended do pass.
CONTENTS
The Amendment 2
Purpose and Summary 41
Background and Need for the Legislation 41
Hearings 42
Committee Consideration 42
Votes of the Committee 42
Committee Oversight Findings 45
Performance Goals and Objectives 46
New Budget Authority and Tax Expenditures 46
Congressional Budget Office Cost Estimate 46
Constitutional Authority Statement 51
Section-by-Section Analysis and Discussion 52
Changes in Existing Law Made by the Bill, as Reported 79
Committee Jurisdiction Letters 156
Markup Transcript 164
Additional Views 431
The amendment is as follows:
Strike all after the enacting clause and insert the following:
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 communications.
Sec. 106. Technical amendment.
Sec. 107. Scope of subpoenas for records of electronic communications.
Sec. 108. Nationwide service of search warrants for electronic evidence.
Sec. 109. Clarification of scope.
Sec. 110. Emergency disclosure of electronic communications to
protect life and limb.
Sec. 111. Use as evidence.
Sec. 112. Reports concerning the disclosure of the contents of
electronic communications.
SUBTITLE B--FOREIGN INTELLIGENCE SURVEILLANCE AND OTHER INFORMATION
Sec. 151. Period of orders of electronic surveillance of
non-United States persons under foreign intelligence surveillance.
Sec. 152. Multi-point authority.
Sec. 153. Foreign intelligence information.
Sec. 154. Foreign intelligence information sharing.
Sec. 155. Pen register and trap and trace authority.
Sec. 156. Business records.
Sec. 157. Miscellaneous national-security authorities.
Sec. 158. Proposed legislation.
Sec. 159. Presidential authority.
Sec. 160. Clarification of no technology mandates.
Sec. 161. Civil liability for certain unauthorized disclosures.
Sec. 162. 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. Changes in conditions for granting asylum.
Sec. 205. Multilateral cooperation against terrorists.
Sec. 206. Requiring sharing by the Federal bureau of investigation
of certain criminal record extracts with other Federal agencies in order
to enhance border security.
Sec. 207. Inadmissibility of aliens engaged in money laundering.
Sec. 208. Program to collect information relating to nonimmigrant
foreign students and other exchange program participants.
Sec. 209. Protection of northern border.
SUBTITLE B--PRESERVATION OF IMMIGRATION BENEFITS FOR VICTIMS OF
TERRORISM
Sec. 211. Special immigrant status.
Sec. 212. Extension of filing or reentry deadlines.
Sec. 213. Humanitarian relief for certain surviving spouses and
children.
Sec. 214. ``Age-out'' protection for children.
Sec. 215. Temporary administrative relief.
Sec. 216. Evidence of death, disability, or loss of employment.
Sec. 217. No benefits to terrorists or family members of terrorists.
Sec. 218. Definitions.
TITLE III--CRIMINAL JUSTICE
SUBTITLE A--SUBSTANTIVE CRIMINAL LAW
Sec. 301. Statute of limitation for prosecuting terrorism offenses.
Sec. 302. Alternative maximum penalties for terrorism crimes.
Sec. 303. Penalties for terrorist conspiracies.
Sec. 304. Terrorism crimes as rico predicates.
Sec. 305. Biological weapons.
Sec. 306. Support of terrorism through expert advice or assistance.
Sec. 307. Prohibition against harboring.
Sec. 308. Post-release supervision of terrorists.
Sec. 309. Definition.
Sec. 310. Civil damages.
SUBTITLE B--CRIMINAL PROCEDURE
Sec. 351. Single-jurisdiction search warrants for terrorism.
Sec. 352. DNA identification of terrorists.
Sec. 353. Grand jury matters.
Sec. 354. Extraterritoriality.
Sec. 355. Jurisdiction over crimes committed at United States
facilities abroad.
Sec. 356. Special agent authorities.
TITLE IV--FINANCIAL INFRASTRUCTURE
Sec. 401. Laundering the proceeds of terrorism.
Sec. 402. Material support for terrorism.
Sec. 403. Assets of terrorist organizations.
Sec. 404. Technical clarification relating to provision of
material support to terrorism.
Sec. 405. Disclosure of tax information in terrorism and national
security investigations.
Sec. 406. Extraterritorial jurisdiction.
TITLE V--EMERGENCY AUTHORIZATIONS
Sec. 501. Office of Justice programs.
Sec. 502. Attorney General's authority to pay rewards.
Sec. 503. Limited authority to pay overtime.
Sec. 504. Department of State reward authority.
Sec. 505. Authorization of funds for DEA police training in South
and Central Asia.
Sec. 506. Public safety officer benefits.
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. 703. Feasibility study on use of biometric identifier
scanning system with access to the FBI integrated automated fingerprint
identification system at overseas consular posts and points of entry to
the United States.
Sec. 704. Study of access.
Sec. 705. Enforcement of certain anti-terrorism judgments.
TITLE VIII--PRIVATE SECURITY OFFICER QUALITY ASSURANCE
Sec. 801. Short title.
Sec. 802. Findings.
Sec. 803. Background checks.
Sec. 804. Sense of Congress.
Sec. 805. Definitions.
SEC. 3. CONSTRUCTION; SEVERABILITY.
Any provision of this Act held to be invalid or unenforceable by its
terms, or as applied to any person or circumstance, shall be construed
so as to give it the maximum effect permitted by law, unless such
holding shall be one of utter invalidity or unenforceability, in which
event such provision shall be deemed severable from this Act and shall
not affect the remainder thereof or the application of such provision to
other persons not similarly situated or to other, dissimilar
circumstances.
TITLE I--INTELLIGENCE GATHERING
Subtitle A--Electronic Surveillance
SEC. 101. MODIFICATION OF AUTHORITIES RELATING TO USE OF PEN
REGISTERS AND TRAP AND TRACE DEVICES.
(a) General Limitation on Use by Governmental Agencies.--Section
3121(c) of title 18, United States Code, is amended--
(1) by inserting ``or trap and trace device'' after ``pen register'';
(2) by inserting ``, routing, addressing,'' after ``dialing''; and
(3) by striking ``call processing'' and inserting ``the processing
and transmitting of wire and electronic communications''.
(b) Issuance of Orders.--
(1) In general.--Subsection (a) of section 3123 of title 18, United
States Code, is amended to read as follows:
``(a) In General.--
``(1) Upon an application made under section 3122(a)(1), the court
shall enter an ex parte order authorizing the installation and use of a
pen register or trap and trace device anywhere within the United States,
if the court finds that the attorney for the Government has certified to
the court that the information likely to be obtained by such
installation and use is relevant to an ongoing criminal investigation.
The order shall, upon service thereof, apply to any person or entity
providing wire or electronic communication service in the United States
whose assistance may facilitate the execution of the order. Whenever
such an order is served on any person or entity not specifically named
in the order, upon request of such person or entity, the attorney for
the Government or law enforcement or investigative officer that is
serving the order shall provide written or electronic certification that
the assistance of the person or entity being served is related to the
order.
``(2) Upon an application made under section 3122(a)(2), the court
shall enter an ex parte order authorizing the installation and use of a
pen register or trap and trace device within the jurisdiction of the
court, if the court finds that the State law-enforcement or
investigative officer has certified to the court that the information
likely to be obtained by such installation and use is relevant to an
ongoing criminal investigation.''.
(2) Contents of order.--Subsection (b)(1) of section 3123 of title
18, United States Code, is amended--
(A) in subparagraph (A)--
(i) by inserting ``or other facility'' after ``telephone line''; and
(ii) by inserting before the semicolon at the end ``or applied''; and
(B) by striking subparagraph (C) and inserting the following:
``(C) the attributes of the communications to which the order
applies, including the number or other identifier and, if known, the
location of the telephone line or other facility to which the pen
register or trap and trace device is to be attached or applied, and, in
the case of an order authorizing installation and use of a trap and
trace device under subsection (a)(2), the geographic limits of the
order; and''.
(3) Nondisclosure requirements.--Subsection (d)(2) of section 3123
of title 18, United States Code, is amended--
(A) by inserting ``or other facility'' after ``the line''; and
(B) by striking ``, or who has been ordered by the court'' and
inserting ``or applied, or who is obligated by the order''.
(c) Definitions.--
(1) Court of competent jurisdiction.--Paragraph (2) of section 3127
of title 18, United States Code, is amended by striking subparagraph (A)
and inserting the following:
``(A) any district court of the United States (including a
magistrate judge of such a court), or any United States court of
appeals, having jurisdiction over the offense being investigated; or''.
(2) Pen register.--Paragraph (3) of section 3127 of title 18, United
States Code, is amended--
(A) by striking ``electronic or other impulses'' and all that
follows through ``is attached'' and inserting ``dialing, routing,
addressing, or signaling information transmitted by an instrument or
facility from which a wire or electronic communication is transmitted
(but not including the contents of such communication)''; and
(B) by inserting ``or process'' after ``device'' each place it
appears.
(3) Trap and trace device.--Paragraph (4) of section 3127 of title
18, United States Code, is amended--
(A) by inserting ``or process'' after ``a device''; and
(B) by striking ``of an instrument'' and all that follows through
the end and inserting ``or other dialing, routing, addressing, and
signaling information reasonably likely to identify the source of a wire
or electronic communication (but not including the contents of such
communication);''.
(4) Conforming amendment.--Section 3127(1) of title 18, United
States Code, is amended--
(A) by striking ``and''; and
(B) by inserting ``, and `contents''' after ```electronic
communication service'''.
(d) No Liability for Internet Service Providers.--Section 3124(d) of
title 18, United States Code, is amended by striking ``the terms of''.
SEC. 102. SEIZURE OF VOICE-MAIL MESSAGES PURSUANT TO WARRANTS.
Title 18, United States Code, is amended--
(1) in section 2510--
(A) in paragraph (1), by striking all the words after ``commerce'';
and
(B) in paragraph (14), by inserting ``wire or'' after ``transmission
of''; and
(2) in section 2703--
(A) in the headings for subsections (a) and (b), by striking ``
Contents of electronic'' and inserting `` Contents of wire or
electronic'';
(B) in subsection (a), by striking ``contents of an electronic'' and
inserting ``contents of a wire or electronic'' each place it appears;
and
(C) in subsection (b), by striking ``any electronic'' and inserting
``any wire or electronic'' each place it appears.
SEC. 103. AUTHORIZED DISCLOSURE.
Section 2510(7) of title 18, United States Code, is amended by
inserting ``, and (for purposes only of section 2517 as it relates to
foreign intelligence information as that term is defined in section
101(e) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1801(e))) any Federal law enforcement, intelligence, national security,
national defense, protective, immigration personnel, or the President or
Vice President of the United States'' after ``such offenses''.
SEC. 104. SAVINGS PROVISION.
Section 2511(2)(f) of title 18, United States Code, is amended--
(1) by striking ``or chapter 121'' and inserting ``, chapter 121, or
chapter 206''; and
(2) by striking ``wire and oral'' and inserting ``wire, oral, and
electronic''.
SEC. 105. INTERCEPTION OF COMPUTER TRESPASSER COMMUNICATIONS.
Chapter 119 of title 18, United States Code, is amended--
(1) in section 2510--
(A) in paragraph (17), by striking ``and'' at the end;
(B) in paragraph (18), by striking the period and inserting a
semi-colon; and
(C) by adding after paragraph (18) the following:
``(19) `protected computer' has the meaning set forth in section
1030; and
``(20) `computer trespasser' means a person who accesses a protected
computer without authorization and thus has no reasonable expectation of
privacy in any communication transmitted to, through, or from the
protected computer.'';
(2) in section 2511(2), by inserting after paragraph (h) the
following:
``(i) It shall not be unlawful under this chapter for a person acting
under color of law to intercept the wire or electronic communications of
a computer trespasser, if--
``(i) the owner or operator of the protected computer authorizes the
interception of the computer trespasser's communications on the
protected computer;
``(ii) the person acting under color of law is lawfully engaged in
an investigation;
``(iii) the person acting under color of law has reasonable grounds
to believe that the contents of the computer trespasser's communications
will be relevant to the investigation; and
``(iv) such interception does not acquire communications other than
those transmitted to or from the computer trespasser.''; and
(3) in section 2520(d)(3), by inserting ``or 2511(2)(i)'' after
``2511(3)''.
SEC. 106. TECHNICAL AMENDMENT.
Section 2518(3)(c) of title 18, United States Code, is amended by
inserting ``and'' after the semicolon.
SEC. 107. SCOPE OF SUBPOENAS FOR RECORDS OF ELECTRONIC COMMUNICATIONS.
Section 2703(c)(1)(C) of title 18, United States Code, is amended--
(1) by striking ``entity the name, address, local and long distance
telephone toll billing records, telephone number or other subscriber
number or identity, and length of service of a'' and inserting the
following:
``entity the--
``(i) name;
``(ii) address;
``(iii) local and long distance telephone connection records, or
records of session times and durations;
``(iv) length of service (including start date) and types of service
utilized;
``(v) telephone or instrument number or other subscriber number or
identity, including any temporarily assigned network address; and
``(vi) means and source of payment (including any credit card or
bank account number);
of a''; and
(2) by striking ``and the types of services the subscriber or
customer utilized,'' after ``of a subscriber to or customer of such
service''.
SEC. 108. NATIONWIDE SERVICE OF SEARCH WARRANTS FOR ELECTRONIC EVIDENCE.
Chapter 121 of title 18, United States Code, is amended--
(1) in section 2703, by striking ``under the Federal Rules of
Criminal Procedure'' each place it appears and inserting ``using the
procedures described in the Federal Rules of Criminal Procedure by a
court with jurisdiction over the offense under investigation''; and
(2) in section 2711--
(A) in paragraph (1), by striking ``and'';
(B) in paragraph (2), by striking the period and inserting ``;
and''; and
(C) by adding the following new paragraph at the end:
``(3) the term `court of competent jurisdiction' has the meaning
given that term in section 3127, and includes any Federal court within
that definition, without geographic limitation.''.
SEC. 109. CLARIFICATION OF SCOPE.
Section 2511(2) of title 18, United States Code, as amended by
section 105(2) of this Act, is further amended by adding at the end the
following:
``(j) With respect to a voluntary or obligatory disclosure of
information (other than information revealing customer cable viewing
activity) under this chapter, chapter 121, or chapter 206, subsections
(c)(2)(B) and (h) of section 631 of the Communications Act of 1934 do
not apply.''.
SEC. 110. EMERGENCY DISCLOSURE OF ELECTRONIC COMMUNICATIONS TO
PROTECT LIFE AND LIMB.
(a) Section 2702 of title 18, United States Code, is amended--
(1) by amending the heading to read as follows:
``2702. Voluntary disclosure of customer communications or records'' ;
(2) in subsection (a)(2)(B) by striking the period and inserting ``;
and'';
(3) in subsection (a), by inserting after paragraph (2) the
following:
``(3) a provider of remote computing service or electronic
communication service to the public shall not knowingly divulge a record
or other information pertaining to a subscriber to or customer of such
service (not including the contents of communications covered by
paragraph (1) or (2)) to any governmental entity.'';
(4) in subsection (b), by striking `` Exceptions.--A person or
entity'' and inserting `` Exceptions for Disclosure of
Communications.--A provider described in subsection (a)'';
(5) in subsection (b)(6)--
(A) in subparagraph (A)(ii), by striking ``or'';
(B) in subparagraph (B), by striking the period and inserting ``;
or'';
(C) by inserting after subparagraph (B) the following:
``(C) if the provider reasonably believes that an emergency
involving immediate danger of death or serious physical injury to any
person requires disclosure of the information without delay.''; and
(6) by inserting after subsection (b) the following:
``(c) Exceptions for Disclosure of Customer Records.--A provider
described in subsection (a) may divulge a record or other information
pertaining to a subscriber to or customer of such service (not including
the contents of communications covered by subsection (a)(1) or (a)(2))--
``(1) as otherwise authorized in section 2703;
``(2) with the lawful consent of the customer or subscriber;
``(3) as may be necessarily incident to the rendition of the service
or to the protection of the rights or property of the provider of that
service;
``(4) to a governmental entity, if the provider reasonably believes
that an emergency involving immediate danger of death or serious
physical injury to any person justifies disclosure of the information;
or
``(5) to any person other than a governmental entity.''.
(b) Section 2703 of title 18, United States Code, is amended--
(1) so that the section heading reads as follows:
``2703. Required disclosure of customer communications or records'';
(2) in subsection (c)(1)--
(A) in subparagraph (A), by striking ``Except'' and all that follows
through ``only when'' in subparagraph (B) and inserting ``A governmental
entity may require a provider of electronic communication service or
remote computing service to disclose a record or other information
pertaining to a subscriber to or customer of such service (not including
the contents of communications) only when'';
(B) by striking ``or'' at the end of clause (iii) of subparagraph (B);
(C) by striking the period at the end of clause (iv) of subparagraph
(B) and inserting ``; or'';
(D) by inserting after clause (iv) of subparagraph (B) the following:
``(v) seeks information pursuant to subparagraph (B).'';
(E) in subparagraph (C), by striking ``(B)'' and inserting ``(A)'';
and
(F) by redesignating subparagraph (C) as subparagraph (B); and
(3) in subsection (e), by striking ``or certification'' and
inserting ``certification, or statutory authorization''.
(c) The table of sections at the beginning of chapter 121 of title
18, United States Code, is amended so that the items relating to
sections 2702 through 2703 read as follows:
``2702. Voluntary disclosure of customer communications or records.
``2703. Required disclosure of customer communications or records.''.
SEC. 111. USE AS EVIDENCE.
(a) In General.--Section 2515 of title 18, United States Code, is
amended--
(1) by striking `` wire or oral'' in the heading and inserting ``
wire, oral, or electronic'';
(2) by striking ``Whenever any wire or oral communication has been
intercepted'' and inserting ``(a) Except as provided in subsection (b),
whenever any wire, oral, or electronic communication has been
intercepted, or any electronic communication in electronic storage has
been disclosed'';
(3) by inserting ``or chapter 121'' after ``this chapter''; and
(4) by adding at the end the following:
``(b) Subsection (a) does not apply to the disclosure, before a grand
jury or in a criminal trial, hearing, or other criminal proceeding, of
the contents of a communication, or evidence derived therefrom, against
a person alleged to have intercepted, used, or disclosed the
communication in violation of this chapter, or chapter 121, or
participated in such violation.''.
(b) Section 2517.--Paragraphs (1) and (2) of section 2517 are each
amended by inserting ``or under the circumstances described in section
2515(b)'' after ``by this chapter''.
(c) Section 2518.--Section 2518 of title 18, United States Code, is
amended--
(1) in subsection (7), by striking ``subsection (d)'' and inserting
``subsection (8)(d)''; and
(2) in subsection (10)--
(A) in paragraph (a)--
(i) by striking ``or oral'' each place it appears and inserting ``,
oral, or electronic'';
(ii) by striking the period at the end of clause (iii) and inserting
a semicolon; and
(iii) by inserting ``except that no suppression may be ordered under
the circumstances described in section 2515(b).'' before ``Such
motion''; and
(B) by striking paragraph (c).
(d) Clerical Amendment.--The item relating to section 2515 in the
table of sections at the beginning of chapter 119 of title 18, United
States Code, is amended to read as follows:
``2515. Prohibition of use as evidence of intercepted wire, oral,
or electronic communications.''.
SEC. 112. REPORTS CONCERNING THE DISCLOSURE OF THE CONTENTS OF
ELECTRONIC COMMUNICATIONS.
Section 2703 of title 18, United States Code, is amended by adding at
the end the following:
``(g) Reports Concerning the Disclosure of the Contents of Electronic
Communications.--
``(1) By January 31 of each calendar year, the judge issuing or
denying an order, warrant, or subpoena, or the authority issuing or
denying a subpoena, under subsection (a) or (b) of this section during
the preceding calendar year shall report on each such order, warrant, or
subpoena to the Administrative Office of the United States Courts--
``(A) the fact that the order, warrant, or subpoena was applied for;
``(B) the kind of order, warrant, or subpoena applied for;
``(C) the fact that the order, warrant, or subpoena was granted as
applied for, was modified, or was denied;
``(D) the offense specified in the order, warrant, subpoena, or
application;
``(E) the identity of the agency making the application; and
``(F) the nature of the facilities from which or the place where the
contents of electronic communications were to be disclosed.
``(2) In January of each year the Attorney General or an Assistant
Attorney General specially designated by the Attorney General shall
report to the Administrative Office of the United States Courts--
``(A) the information required by subparagraphs (A) through (F) of
paragraph (1) of this subsection with respect to each application for an
order, warrant, or subpoena made during the preceding calendar year; and
``(B) a general description of the disclosures made under each such
order, warrant, or subpoena, including--
``(i) the approximate number of all communications disclosed and, of
those, the approximate number of incriminating communications disclosed;
``(ii) the approximate number of other communications disclosed; and
``(iii) the approximate number of persons whose communications were
disclosed.
``(3) In June of each year, beginning in 2003, the Director of the
Administrative Office of the United States Courts shall transmit to the
Congress a full and complete report concerning the number of
applications for orders, warrants, or subpoenas authorizing or requiring
the disclosure of the contents of electronic communications pursuant to
subsections (a) and (b) of this section and the number of orders,
warrants, or subpoenas granted or denied pursuant to subsections (a) and
(b) of this section during the preceding calendar year. Such report
shall include a summary and analysis of the data required to be filed
with the Administrative Office by paragraphs (1) and (2) of this
subsection. The Director of the Administrative Office of the United
States Courts is authorized to issue binding regulations dealing with
the content and form of the reports required to be filed by paragraphs
(1) and (2) of this subsection.''.
Subtitle B--Foreign Intelligence Surveillance and Other Information
SEC. 151. PERIOD OF ORDERS OF ELECTRONIC SURVEILLANCE OF
NON-UNITED STATES PERSONS UNDER FOREIGN INTELLIGENCE SURVEILLANCE.
(a) Including Agents of a Foreign Power.--(1) Section 105(e)(1) of
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1805(e)(1))
is amended by inserting ``or an agent of a foreign power, as defined in
section 101(b)(1)(A),'' after ``or (3),''.
(2) Section 304(d)(1) of such Act (50 U.S.C. 1824(d)(1)) is amended
by inserting ``or an agent of a foreign power, as defined in section
101(b)(1)(A),'' after ``101(a),''.
(b) Period of Order.--Such section 304(d)(1) is further amended by
striking ``forty-five'' and inserting ``90''.
SEC. 152. MULTI-POINT AUTHORITY.
Section 105(c)(2)(B) of the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. 1805(c)(2)(B)) is amended by inserting ``, or, in
circumstances where the Court finds that the actions of the target of
the electronic surveillance may have the effect of thwarting the
identification of a specified person, such other persons,'' after
``specified person''.
SEC. 153. FOREIGN INTELLIGENCE INFORMATION.
Sections 104(a)(7)(B) and 303(a)(7)(B) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1804(a)(7)(B), 1823(a)(7)(B)) are
each amended by striking ``that the'' and inserting ``that a
significant''.
SEC. 154. FOREIGN INTELLIGENCE INFORMATION SHARING.
It shall be lawful for foreign intelligence information (as that term
is defined in section 101(e) of the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1801(e)) obtained as part of a criminal
investigation (including information obtained pursuant to chapter 119 of
title 18, United States Code) to be provided to any Federal
law-enforcement-, intelligence-, protective-, national-defense, or
immigration personnel, or the President or the Vice President of the
United States, for the performance of official duties.
SEC. 155. PEN REGISTER AND TRAP AND TRACE AUTHORITY.
Section 402(c) of the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1842(c)) is amended--
(1) in paragraph (1), by adding ``and'' at the end;
(2) in paragraph (2)--
(A) by inserting ``from the telephone line to which the pen register
or trap and trace device is to be attached, or the communication
instrument or device to be covered by the pen register or trap and trace
device'' after ``obtained''; and
(B) by striking ``; and'' and inserting a period; and
(3) by striking paragraph (3).
SEC. 156. BUSINESS RECORDS.
(a) In General.--Section 501 of the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1861) is amended to read as follows:
``access to certain business records for foreign intelligence and
international terrorism investigations
`` Sec. 501. (a) In any investigation to gather foreign intelligence
information or an investigation concerning international terrorism, such
investigation being conducted by the Federal Bureau of Investigation
under such guidelines as the Attorney General may approve pursuant to
Executive Order No. 12333 (or a successor order), the Director of the
Federal Bureau of Investigation or a designee of the Director (whose
rank shall be no lower than Assistant Special Agent in Charge) may make
an application for an order requiring the production of any tangible
things (including books, records, papers, documents, and other items)
that are relevant to the investigation.
``(b) Each application under this section--
``(1) shall be made to--
``(A) a judge of the court established by section 103(a) of this
Act; or
``(B) a United States magistrate judge under chapter 43 of title 28,
United States Code, who is publicly designated by the Chief Justice of
the United States to have the power to hear applications and grant
orders for the release of records under this section on behalf of a
judge of that court; and
``(2) shall specify that the records concerned are sought for an
investigation described in subsection (a).
``(c)(1) Upon application made pursuant to this section, the judge
shall enter an ex parte order as requested requiring the production the
tangible things sought if the judge finds that the application satisfies
the requirements of this section.
``(2) An order under this subsection shall not disclose that it is
issued for purposes of an investigation described in subsection (a).
``(d) A person who, in good faith, produces tangible things under an
order issued pursuant to this section shall not be liable to any other
person for such production. Such production shall not be deemed to
constitute a waiver of any privilege in any other proceeding or
context.''.
(b) Conforming Amendments.--(1) Section 502 of such Act (50 U.S.C.
1862) is repealed.
(2) Section 503 of such Act (50 U.S.C. 1863) is redesignated as
section 502.
(c) Clerical Amendment.--The table of contents at the beginning of
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et
seq.) is amended by striking the items relating to title V and inserting
the following:
``TITLE V--ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN INTELLIGENCE
PURPOSES
``Sec. 501. Access to certain business records for foreign
intelligence and international terrorism investigations.
``Sec. 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 of such paragraph and inserting ``made that the
information sought is relevant to an authorized foreign
counterintelligence investigation.''.
(b) Section 624 of the Fair Credit Reporting Act (Public Law 90 321;
15 U.S.C. 1681u), as added by section 601(a) of the Intelligence
Authorization Act for Fiscal Year 1996 (P.L. 104 93; 110 Stat. 974), is
amended--
(1) in subsection (a), by striking ``writing that'' and all that
follows through the end and inserting ``writing that such information is
necessary for the conduct of an authorized foreign counterintelligence
investigation.'';
(2) in subsection (b), by striking ``writing that'' and all that
follows through the end and inserting ``writing that such information is
necessary for the conduct of an authorized foreign counterintelligence
investigation.''; and
(3) in subsection (c), by striking ``camera that'' and all that
follows through ``States.'' and inserting ``camera that the consumer
report is necessary for the conduct of an authorized foreign
counterintelligence investigation.''.
SEC. 158. PROPOSED LEGISLATION.
Not later than August 31, 2003, the President shall propose
legislation relating to the provisions set to expire by section 160 of
this Act as the President may judge necessary and expedient.
SEC. 159. PRESIDENTIAL AUTHORITY.
Section 203 of the International Emergency Economic Powers Act (50
U.S.C. 1702) is amended in subsection (a)(1)--
(1) in subparagraph (A)--
(A) in clause (ii), by adding ``or'' after ``thereof,''; and
(B) by striking clause (iii) and inserting the following:
``(iii) the importing or exporting of currency or securities,
by any person, or with respect to any property, subject to the
jurisdiction of the United States;'';
(2) by striking after subparagraph (B), ``by any person, or with
respect to any property, subject to the jurisdiction of the United
States.'';
(3) in subparagraph (B)--
(A) by inserting after ``investigate'' the following: ``, block
during the pendency of an investigation for a period of not more than 90
days (which may be extended by an additional 60 days if the President
determines that such blocking is necessary to carry out the purposes of
this Act)''; and
(B) by striking ``interest;'' and inserting ``interest, by any
person, or with respect to any property, subject to the jurisdiction of
the United States; and''; and
(4) by adding at the end the following new subparagraph:
``(C) when a statute has been enacted authorizing the use of force
by United States armed forces against a foreign country, foreign
organization, or foreign national, or when the United States has been
subject to an armed attack by a foreign country, foreign organization,
or foreign national, confiscate any property, subject to the
jurisdiction of the United States, of any foreign country, foreign
organization, or foreign national against whom United States armed
forces may be used pursuant to such statute or, in the case of an armed
attack against the United States, that the President determines has
planned, authorized, aided, or engaged in such attack; and
``(i) all right, title, and interest in any property so confiscated
shall vest when, as, and upon the terms directed by the President, in
such agency or person as the President may designate from time to time,
``(ii) upon such terms and conditions as the President may
prescribe, such interest or property shall be held, used, administered,
liquidated, sold, or otherwise dealt with in the interest of and for the
benefit of the United States, except that the proceeds of any such
liquidation or sale, or any cash assets, shall be segregated from other
United States Government funds and shall be used only pursuant to a
statute authorizing the expenditure of such proceeds or assets, and
``(iii) such designated agency or person may perform any and all
acts incident to the accomplishment or furtherance of these purposes.''.
SEC. 160. CLARIFICATION OF NO TECHNOLOGY MANDATES.
Nothing in this Act shall impose any additional technical obligation
or requirement on a provider of wire or electronic communication service
or other person to furnish facilities, services, or technical
assistance.
SEC. 161. CIVIL LIABILITY FOR CERTAIN UNAUTHORIZED DISCLOSURES.
(a) Chapter 119.--Section 2520 of title 18, United States Code, is
amended--
(1) by redesignating paragraph (2) of subsection (c) as paragraph (3);
(2) by inserting after paragraph (1) of subsection (c) the following:
``(2) In an action under this section by a citizen or legal permanent
resident of the United States against the United States or any Federal
investigative or law enforcement officer (or against any State
investigative or law enforcement officer for disclosure or unlawful use
of information obtained from Federal investigative or law enforcement
officers), the court may assess as damages whichever is the greater of--
``(A) the sum of actual damages suffered by the plaintiff and any
profits made by the violator as a result of the violation; or
``(B) statutory damages of whichever is the greater of $100 a day
for each day of violation or $10,000.''; and
(3) by adding at the end the following:
``(f) Improper Disclosure Is Violation.--Any disclosure or use by an
investigative or law enforcement officer of information beyond the
extent permitted by section 2517 is a violation of this chapter for
purposes of section 2520(a).
``(g) Administrative Discipline.--If a court determines that the
United States or any agency or bureau thereof has violated any provision
of this section and the court finds that the circumstances surrounding
the violation raise questions of whether or not an officer or employee
thereof acted willfully or intentionally with respect to the violation,
the agency or bureau shall promptly initiate a proceeding to determine
whether or not disciplinary action is warranted against the officer or
employee who was responsible for the violation. In such case, if the
head of the agency or bureau determines discipline is not appropriate,
he or she shall report his or her conclusions and the reasons therefor
to the Deputy Inspector General for Civil Rights, Civil Liberties, and
the Federal Bureau of Investigation.
``(h) Actions Against the United States.--Any action against the
United States shall be conducted under the procedures of the Federal
Tort Claims Act. Any award against the United States shall be deducted
from the budget of the appropriate agency or bureau employing or
managing the officer or employee who was responsible for the
violation.''.
(b) Chapter 121.--Section 2707 of title 18, United States Code, is
amended--
(1) in subsection (c), by inserting ``(1)'' before ``The court'';
(2) by adding at the end of subsection (c) the following:
``(2) In an action under this section by a citizen or legal permanent
resident of the United States against the United States or any Federal
investigative or law enforcement officer (or against any State
investigative or law enforcement officer for disclosure or unlawful use
of information obtained from Federal investigative or law enforcement
officers), the court may assess as damages whichever is the greater of--
``(A) the sum of actual damages suffered by the plaintiff and any
profits made by the violator as a result of the violation; or
``(B) statutory damages of $10,000.''; and
(3) by adding at the end the following:
``(f) Improper Disclosure Is Violation.--Any disclosure or use by an
investigative or law enforcement officer of information beyond the
extent permitted by section 2517 is a violation of this chapter for
purposes of section 2707(a).
``(g) Administrative Discipline.--If a court determines that the
United States or any agency or bureau thereof has violated any provision
of this section and the court finds that the circumstances surrounding
the violation raise questions of whether or not an officer or employee
thereof acted willfully or intentionally with respect to the violation,
the agency or bureau shall promptly initiate a proceeding to determine
whether or not disciplinary action is warranted against the officer or
employee who was responsible for the violation. In such case, if the
head of the agency or bureau determines discipline is not appropriate,
he or she shall report his or her conclusions and the reasons therefor
to the Deputy Inspector General for Civil Rights, Civil Liberties, and
the Federal Bureau of Investigation.
``(h) Actions Against the United States.--Any action against the
United States shall be conducted under the procedures of the Federal
Tort Claims Act. Any award against the United States shall be deducted
from the budget of the appropriate agency or bureau employing or
managing the officer or employee who was responsible for the
violation.''.
(c) Chapter 206.--
(1) In general.--Chapter 206 of title 18, United States Code, is
amended by adding at the end the following:
``3128. Civil action
``(a) Cause of Action.--Except as provided in subsections (d) and (e)
of section 3124, any person aggrieved by any violation of this chapter
may in a civil action recover from the person or entity which engaged in
that violation such relief as may be appropriate.
``(b) Relief.--In any action under this section, appropriate relief
includes--
``(1) such preliminary and other equitable or declaratory relief as
may be appropriate;
``(2) damages under subsection (c) and punitive damages in
appropriate cases; and
``(3) a reasonable attorney's fee and other litigation costs
reasonably incurred.
``(c) Damages.--In any action under this section, the court may
assess as damages whichever is the greater of--
``(1) the sum of the actual damages suffered by the plaintiff and
any profits made by the violator as a result of the violation; or
``(2) statutory damages of $10,000.
``(d) Limitation.--A civil action under this section may not be
commenced later than 2 years after the date upon which the claimant
first has a reasonable opportunity to discover the violation.
``(e) Improper Disclosure Is Violation.--Any disclosure or use by an
investigative or law enforcement officer of information beyond the
extent permitted by section 2517 is a violation of this chapter for
purposes of section 3128(a).
``(f) Administrative Discipline.--If a court determines that the
United States or any agency or bureau thereof has violated any provision
of this section and the court finds that the circumstances surrounding
the violation raise questions of whether or not an officer or employee
thereof acted willfully or intentionally with respect to the violation,
the agency or bureau shall promptly initiate a proceeding to determine
whether or not disciplinary action is warranted against the officer or
employee who was responsible for the violation. In such case, if the
head of the agency or bureau determines discipline is not appropriate,
he or she shall report his or her conclusions and the reasons therefor
to the Deputy Inspector General for Civil Rights, Civil Liberties, and
the Federal Bureau of Investigation.
``(g) Actions Against the United States.--Any action against the
United States shall be conducted under the procedures of the Federal
Tort Claims Act. Any award against the United States shall be deducted
from the budget of the appropriate agency or bureau employing or
managing the officer or employee who was responsible for the
violation.''.
(2) Clerical Amendment.--The table of sections at the beginning of
chapter 206 of title 18, United States Code, is amended by adding at the
end the following new item:
``3128. Civil action.''.
(d) Foreign Intelligence Surveillance Act of 1978.--(1) Section 110
of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1810) is
amended--
(A) by inserting ``(a)'' before `` Civil Action.--'';
(B) by inserting ``or entity'' after ``shall have a cause of action
against any person'';
(C) by striking ``(a) actual'' and inserting ``(1) actual'';
(D) by striking ``(b) punitive'' and inserting ``(2) punitive'';
(E) by striking ``(c) reasonable'' and inserting ``(3) reasonable'';
(F) by striking ``$1,000'' and inserting ``$10,000''; and
(G) by adding at the end the following new subsections:
``(b) Limitation.--A civil action under this section may not be
commenced later than 2 years after the date upon which the claimant
first has a reasonable opportunity to discover the violation.
``(c) Administrative Discipline.--If a court determines that the
United States or any agency or bureau thereof has violated any provision
of this section and the court finds that the circumstances surrounding
the violation raise questions of whether or not an officer or employee
thereof acted willfully or intentionally with respect to the violation,
the agency or bureau shall promptly initiate a proceeding to determine
whether or not disciplinary action is warranted against the officer or
employee who was responsible for the violation. In such case, if the
head of the agency or bureau determines discipline is not appropriate,
the head shall report conclusions for the determination and the reasons
therefor to the Deputy Inspector General for Civil Rights, Civil
Liberties, and the Federal Bureau of Investigation.
``(d) Actions Against the United States.--Any action against the
United States shall be conducted under the procedures of the Federal
Tort Claims Act. Any award against the United States shall be deducted
from the budget of the appropriate agency or bureau employing or
managing the officer or employee who was responsible for the
violation.''.
(2) Section 308 of the the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. 1828) is amended--
(A) by inserting ``(a) Civil Action .--'' before ``An aggrieved
person,'';
(B) by inserting ``or entity'' after ``shall have a cause of action
against any person'';
(C) by striking ``$1,000'' and inserting ``$10,000''; and
(D) by adding at the end the following new subsections:
``(b) Limitation.--A civil action under this section may not be
commenced later than 2 years after the date upon which the claimant
first has a reasonable opportunity to discover the violation.
``(c) Administrative Discipline.--If a court determines that the
United States or any agency or bureau thereof has violated any provision
of this section and the court finds that the circumstances surrounding
the violation raise questions of whether or not an officer or employee
thereof acted willfully or intentionally with respect to the violation,
the agency or bureau shall promptly initiate a proceeding to determine
whether or not disciplinary action is warranted against the officer or
employee who was responsible for the violation. In such case, if the
head of the agency or bureau determines discipline is not appropriate,
the head shall report the conclusions for the determination and the
reasons therefor to the Deputy Inspector General for Civil Rights, Civil
Liberties, and the Federal Bureau of Investigation.
``(d) Actions Against the United States.--Any action against the
United States shall be conducted under the procedures of the Federal
Tort Claims Act. Any award against the United States shall be deducted
from the budget of the appropriate agency or bureau employing or
managing the officer or employee who was responsible for the
violation.''.
(3)(A) Title IV of the the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. 1841 et seq.) is amended by adding at the end the
following new sections:
``penalties
`` Sec. 407. (a) Prohibited activities.--A person is guilty of an
offense if the person intentionally--
``(1) installs or uses a pen register or trap and trace device under
color of law except as authorized by statute; or
``(2) discloses or uses information obtained under color of law by
using a pen register or trap and trace device, knowing or having reason
to know that the information was obtained through using a pen register
or trap and trace device not authorized by statute.
``(b) Defense.--It is a defense to a prosecution under subsection (a)
that the defendant was a law enforcement or investigative officer
engaged in the course of his official duties and the pen register or
trap and trace device was authorized by and conducted pursuant to a
search warrant or court order of a court of competent jurisdiction.
``(c) Penalties.--An offense described in this section is punishable
by a fine of not more than $10,000 or imprisonment for not more than
five years, or both.
``(d) Federal Jurisdiction .--There is Federal jurisdiction over an
offense under this section if the person committing the offense was an
officer or employee of the United States at the time the offense was
committed.
``civil liability
`` Sec. 408. (a) Civil Action.--An aggrieved person, other than a
foreign power or an agent of a foreign power, as defined in section
101(a) or (b)(1)(A), respectively, who has been subjected to a pen
register or trap and trace device or about whom information obtained by
a pen register or trap and trace device has been disclosed or used in
violation of section 407 shall have a cause of action against any person
or entity who committed such violation and shall be entitled to
recover--
``(1) actual damages, but not less than liquidated damages of
$10,000, whichever is greater;
``(2) punitive damages; and
``(3) reasonable attorney's fees and other investigation and
litigation costs reasonably incurred.
``(b) Limitation.--A civil action under this section may not be
commenced later than 2 years after the date upon which the claimant
first has a reasonable opportunity to discover the violation.
``(c) Administrative Discipline.--If a court determines that the
United States or any agency or bureau thereof has violated any provision
of this section and the court finds that the circumstances surrounding
the violation raise questions of whether or not an officer or employee
thereof acted willfully or intentionally with respect to the violation,
the agency or bureau shall promptly initiate a proceeding to determine
whether or not disciplinary action is warranted against the officer or
employee who was responsible for the violation. In such case, if the
head of the agency or bureau determines discipline is not appropriate,
the head shall report the conclusions for the determination and the
reasons therefor to the Deputy Inspector General for Civil Rights, Civil
Liberties, and the Federal Bureau of Investigation.
``(d) Actions Against the United States.--Any action against the
United States shall be conducted under the procedures of the Federal
Tort Claims Act. Any award against the United States shall be deducted
from the budget of the appropriate agency or bureau employing or
managing the officer or employee who was responsible for the
violation.''.
(B) 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 adding at the end of the items relating to title IV the
following new items:
``Sec. 407. Penalties.
``Sec. 408. Civil liability.''.
SEC. 162. SUNSET.
This title and the amendments made by this title (other than sections
106 (relating to technical amendment), 109 (relating to clarification of
scope), and 159 (relating to presidential authority)) and the amendments
made by those sections shall take effect on the date of enactment of
this Act and shall cease to have any effect on December 31, 2003.
TITLE II--ALIENS ENGAGING IN TERRORIST ACTIVITY
Subtitle A--Detention and Removal of Aliens Engaging in
Terrorist Activity
SEC. 201. CHANGES IN CLASSES OF ALIENS WHO ARE INELIGIBLE FOR
ADMISSION AND DEPORTABLE DUE TO TERRORIST ACTIVITY.
(a) Aliens Ineligible for Admission Due to Terrorist
Activities.--Section 212(a)(3)(B) of the Immigration and Nationality Act
(8 U.S.C. 1182(a)(3)(B)) is amended--
(1) in clause (i)--
(A) in subclauses (I), (II), and (III), by striking the comma at the
end and inserting a semicolon;
(B) by amending subclause (IV) to read as follows:
``(IV) is a representative of--
``(a) a foreign terrorist organization, as designated by the
Secretary of State under section 219; or
``(b) a political, social, or other similar group whose public
endorsement of terrorist activity the Secretary of State has determined
undermines the efforts of the United States to reduce or eliminate
terrorist activities;'';
(C) in subclause (V), by striking any comma at the end, by striking
any ``or'' at the end, and by adding ``; or'' at the end; and
(D) by inserting after subclause (V) the following:
``(VI) has used the alien's prominence within a foreign state or
the United States to endorse or espouse terrorist activity, or to
persuade others to support terrorist activity or a terrorist
organization, in a way that the Secretary of State has determined
undermines the efforts of the United States to reduce or eliminate
terrorist activities;'';
(2) in clause (ii)--
(A) in the matter preceding subclause (I), by striking ``(or which,
if committed in the United States,'' and inserting ``(or which, if it
had been or were to be committed in the United States,''; and
(B) in subclause (V)(b), by striking ``explosive or firearm'' and
inserting ``explosive, firearm, or other object'';
(3) by amending clause (iii) to read as follows:
``(iii) Engage in terrorist activity defined.--As used in this Act,
the term `engage in terrorist activity' means, in an individual capacity
or as a member of an organization--
``(I) to commit a terrorist activity;
``(II) to plan or prepare to commit a terrorist activity;
``(III) to gather information on potential targets for a terrorist
activity;
``(IV) to solicit funds or other things of value for--
``(a) a terrorist activity;
``(b) an organization designated as a foreign terrorist
organization under section 219; or
``(c) a terrorist organization described in clause (v)(II), but
only if the solicitor knows, or reasonably should know, that the
solicitation would further a terrorist activity;
``(V) to solicit any individual--
``(a) to engage in conduct otherwise described in this clause;
``(b) for membership in a terrorist government;
``(c) for membership in an organization designated as a foreign
terrorist organization under section 219; or
``(d) for membership in a terrorist organization described in
clause (v)(II), but only if the solicitor knows, or reasonably should
know, that the solicitation would further a terrorist activity; or
``(VI) to commit an act that the actor knows, or reasonably should
know, affords material support, including a safe house, transportation,
communications, funds, transfer of funds or other material financial
benefit, false documentation or identification, weapons (including
chemical, biological, and radiological weapons), explosives, or
training--
``(a) for the commission of a terrorist activity;
``(b) to any individual who the actor knows, or reasonably should
know, has committed or plans to commit a terrorist activity;
``(c) to an organization designated as a foreign terrorist
organization under section 219; or
``(d) to a terrorist organization described in clause (v)(II), but
only if the actor knows, or reasonably should know, that the act would
further a terrorist activity.''; and
(4) by adding at the end the following:
``(v) Terrorist organization defined.--As used in this subparagraph,
the term `terrorist organization' means--
``(I) an organization designated as a foreign terrorist
organization under section 219; or
``(II) with regard to a group that is not an organization described
in subclause (I), a group of 2 or more individuals, whether organized or
not, which engages in, or which has a significant subgroup which engages
in, the activities described in subclause (I), (II), or (III) of clause
(iii).
``(vi) Special rule for material support.--Clause (iii)(VI)(b) shall
not be construed to include the affording of material support to an
individual who committed or planned to commit a terrorist activity, if
the alien establishes by clear and convincing evidence that such support
was afforded only after such individual permanently and publicly
renounced, rejected the use of, and had ceased to engage in, terrorist
activity.''.
(b) Aliens Ineligible for Admission Due to Endangerment.--Section
212(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3))
is amended by adding at the end the following:
``(F) Endangerment.--Any alien who the Secretary of State, after
consultation with the Attorney General, or the Attorney General, after
consultation with the Secretary of State, determines has been associated
with a terrorist organization and intends while in the United States to
engage solely, principally, or incidentally in activities that could
endanger the welfare, safety, or security of the United States is
inadmissible.''.
(c) Aliens Deportable Due to Terrorist Activities.--Section
237(a)(4)(B) of the Immigration and Nationality (8 U.S.C. 1227(a)(4)(B))
is amended to read as follows:
``(B) Terrorist activities.--Any alien is deportable who--
``(i) has engaged, is engaged, or at any time after admission
engages in terrorist activity (as defined in section 212(a)(3)(B)(iii));
``(ii) is a representative (as defined in section 212(a)(3)(B)(iv))
of--
``(I) a foreign terrorist organization, as designated by the
Secretary of State under section 219; or
``(II) a political, social, or other similar group whose public
endorsement of terrorist activity--
``(a) is intended and likely to incite or produce imminent lawless
action; and
``(b) has been determined by the Secretary of State to undermine
the efforts of the United States to reduce or eliminate terrorist
activities; or
``(iii) has used the alien's prominence within a foreign state or
the United States--
``(I) to endorse, in a manner that is intended and likely to incite
or produce imminent lawless action and that has been determined by the
Secretary of State to undermine the efforts of the United States to
reduce or eliminate terrorist activities, terrorist activity; or
``(II) to persuade others, in a manner that is intended and likely
to incite or produce imminent lawless action and that has been
determined by the Secretary of State to undermine the efforts of the
United States to reduce or eliminate terrorist activities, to support
terrorist activity or a terrorist organization (as defined in section
212(a)(3)(B)(v)).''.
(d) Retroactive Application of Amendments.--
(1) In general.--The amendments made by this section shall take
effect on the date of the enactment of this Act and shall apply to--
(A) actions taken by an alien before such date, as well as actions
taken on or after such date; and
(B) all aliens, without regard to the date of entry or attempted
entry into the United States--
(i) in removal proceedings on or after such date (except for
proceedings in which there has been a final administrative decision
before such date); or
(ii) seeking admission to the United States on or after such date.
(2) Special rule for aliens in exclusion or deportation
proceedings.--Notwithstanding any other provision of law, the amendments
made by this section shall apply to all aliens in exclusion or
deportation proceedings on or after the date of the enactment of this
Act (except for proceedings in which there has been a final
administrative decision before such date) as if such proceedings were
removal proceedings.
(3) Special rule for section 219 organizations.--
(A) In general.--Notwithstanding paragraphs (1) and (2), no alien
shall be considered inadmissible under section 212(a)(3) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(3)), or deportable
under section 237(a)(4)(B) of such Act (8 U.S.C. 1227(a)(4)(B)), by
reason of the amendments made by subsection (a), on the ground that the
alien engaged in a terrorist activity described in subclause (IV)(b),
(V)(c), or (VI)(c) of section 212(a)(3)(B)(iii) of such Act (as so
amended) with respect to a group at any time when the group was not a
foreign terrorist organization designated by the Secretary of State
under section 219 of such Act (8 U.S.C. 1189).
(B) Construction.--Subparagraph (A) shall not be construed to
prevent an alien from being considered inadmissible or deportable for
having engaged in a terrorist activity--
(i) described in subclause (IV)(b), (V)(c), or (VI)(c) of section
212(a)(3)(B)(iii) of such Act (as so amended) with respect to a foreign
terrorist organization at any time when such organization was designated
by the Secretary of State under section 219 of such Act; or
(ii) described in subclause (IV)(c), (V)(d), or (VI)(d) of section
212(a)(3)(B)(iii) of such Act (as so amended) with respect to any group
described in any of such subclauses.
SEC. 202. CHANGES IN DESIGNATION OF FOREIGN TERRORIST ORGANIZATIONS.
(a) Designation of Foreign Terrorist Organizations.--Section 219(a)
of the Immigration and Nationality Act (8 U.S.C. 1189(a)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (B), by striking ``212(a)(3)(B));'' and
inserting ``212(a)(3)(B)), engages in terrorism (as defined in section
140(d)(2) of the Foreign Relations Authorization Act, Fiscal Years 1988
and 1989 (22 U.S.C. 2656f(d)(2)), or retains the capability and intent
to engage in terrorist activity or to engage in terrorism (as so
defined);''; and
(B) in subparagraph (C), by inserting ``or terrorism'' after
``activity'';
(2) in paragraph (2)--
(A) by amending subparagraph (A) to read as follows:
``(A) Notice.--
``(i) In general.--Seven days before a designation is made under
this subsection, the Secretary of State shall, by classified
communication, notify the Speaker and minority leader of the House of
Representatives, the President pro tempore, majority leader, and
minority leader of the Senate, the members of the relevant committees,
and the Secretary of the Treasury, in writing, of the intent to
designate a foreign organization under this subsection, together with
the findings made under paragraph (1) with respect to that organization,
and the factual basis therefor.
``(ii) Publication of designation.--The Secretary of State shall
publish the designation in the Federal Register seven days after
providing the notification under clause (i).'';
(B) in subparagraph (B), by striking ``(A).'' and inserting
``(A)(ii).''; and
(C) in subparagraph (C), by striking ``paragraph (2),'' and
inserting ``subparagraph (A)(i),'';
(3) in paragraph (3)(B), by striking ``subsection (c).'' and
inserting ``subsection (b).';
(4) in paragraph (4)(B), by inserting after the first sentence the
following: ``The Secretary may also redesignate such organization at the
end of any 2-year redesignation period (but not sooner than 60 days
prior to the termination of such period) for an additional 2-year period
upon a finding that the relevant circumstances described in paragraph
(1) still exist. Any redesignation shall be effective immediately
following the end of the prior 2-year designation or redesignation
period unless a different effective date is provided in such
redesignation.'';
(5) in paragraph (6)--
(A) in subparagraph (A)--
(i) in the matter preceding clause (i), by inserting ``or a
redesignation made under paragraph (4)(B)'' after ``paragraph (1)'';
(ii) in clause (i)--
(I) by inserting ``or redesignation'' after ``designation'' the
first place it appears; and
(II) by striking ``of the designation;'' and inserting a semicolon;
and
(iii) in clause (ii), by striking ``of the designation.'' and
inserting a period;
(B) in subparagraph (B), by striking ``through (4)'' and inserting
``and (3)''; and
(C) by adding at the end the following:
``(C) Effective date.--Any revocation shall take effect on the date
specified in the revocation or upon publication in the Federal Register
if no effective date is specified.'';
(6) in paragraph (7), by inserting ``, or the revocation of a
redesignation under paragraph (6),'' after ``(5) or (6)''; and
(7) in paragraph (8)--
(A) by striking ``(1)(B),'' and inserting ``(2)(B), or if a
redesignation under this subsection has become effective under paragraph
(4)(B)'';
(B) by inserting ``or an alien in a removal proceeding'' after
``criminal action''; and
(C) by inserting ``or redesignation'' before ``as a defense''.
(b) Authority to Initiate Designations, Redesignations, and
Revocations.--Section 219 of the Immigration and Nationality Act (8
U.S.C. 1189), as amended by subsection (a), is further amended--
(1) by striking ``Secretary'' each place such term appears,
excluding subparagraphs (A) and (C) of subsection (a)(2), and inserting
``official specified under subsection (d)'';
(2) in subsection (c)--
(A) in paragraph (2), by adding ``and'' at the end;
(B) in paragraph (3), by striking ``; and'' at the end and inserting
a period; and
(C) by striking paragraph (4); and
(3) by adding at the end the following:
``(d) Implementation of Duties and Authorities.--
``(1) By secretary or attorney general.--Except as otherwise
provided in this subsection, the duties under this section shall, and
authorities under this section may, be exercised by--
``(A) the Secretary of State--
``(i) after consultation with the Secretary of the Treasury and with
the concurrence of the Attorney General; or
``(ii) upon instruction by the President pursuant to paragraph (2); or
``(B) the Attorney General--
``(i) after consultation with the Secretary of the Treasury and with
the concurrence of the Secretary of State; or
``(ii) upon instruction by the President pursuant to paragraph (2).
``(2) Concurrence.--The Secretary of State and the Attorney General
shall each seek the other's concurrence in accordance with paragraph
(1). In any case in which such concurrence is denied or withheld, the
official seeking the concurrence shall so notify the President and shall
request the President to make a determination as to how the issue shall
be resolved. Such notification and request of the President may not be
made before the earlier of--
``(A) the date on which a denial of concurrence is received; or
``(B) the end of the 60-day period beginning on the date the
concurrence was sought.
``(3) Exception.--It shall be the duty of the Secretary of State to
carry out the procedural requirements of paragraphs (2)(A) and (6)(B) of
subsection (a) in all cases, including cases in which a designation or
revocation is initiated by the Attorney General.''.
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 paragraphs (5) and (6), the
Attorney General shall maintain custody of such an alien until the alien
is removed from the United States or found not to be inadmissible or
deportable, as the case may be. Except as provided in paragraph (6),
such custody shall be maintained irrespective of any relief from removal
for which the alien may be eligible, or any relief from removal granted
the alien, until the Attorney General determines that the alien is no
longer an alien who may be certified under paragraph (3).
``(3) Certification.--The Attorney General may certify an alien
under this paragraph if the Attorney General has reasonable grounds to
believe that the alien--
``(A) is described in section 212(a)(3)(A)(i), 212(a)(3)(A)(iii),
212(a)(3)(B), 237(a)(4)(A)(i), 237(a)(4)(A)(iii), or 237(a)(4)(B); or
``(B) is engaged in any other activity that endangers the national
security of the United States.
``(4) Nondelegation.--The Attorney General may delegate the
authority provided under paragraph (3) only to the Deputy Attorney
General. The Deputy Attorney General may not delegate such authority.
``(5) Commencement of proceedings.--The Attorney General shall place
an alien detained under paragraph (1) in removal proceedings, or shall
charge the alien with a criminal offense, not later than 7 days after
the commencement of such detention. If the requirement of the preceding
sentence is not satisfied, the Attorney General shall release the alien.
``(6) Limitation on indefinite detention.--An alien detained under
paragraph (1) who has been ordered removed based on one or more of the
grounds of inadmissibility or deportability referred to in paragraph
(3)(A), who has not been removed within the removal period specified
under section 241(a)(1)(A), and whose removal is unlikely in the
reasonably foreseeable future, may be detained for additional periods of
up to six months if the Attorney General demonstrates that the release
of the alien will not protect the national security of the United States
or adequately ensure the safety of the community or any person.
``(b) Habeas Corpus and Judicial Review.--Judicial review of any
action or decision relating to this section (including judicial review
of the merits of a determination made under subsection (a)(3) or (a)(6))
is available exclusively in habeas corpus proceedings initiated 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. CHANGES IN CONDITIONS FOR GRANTING ASYLUM.
(a) 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--
(1) by striking ``inadmissible under'' each place such term appears
and inserting ``described in''; and
(2) by striking ``removable under'' and inserting ``described in''.
(b) Retroactive Application of Amendments.--The amendments made by
subsection (a) shall take effect on the date of the enactment of this
Act and shall apply to--
(1) actions taken by an alien before such date, as well as actions
taken on or after such date; and
(2) 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).
SEC. 205. 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. 206. REQUIRING SHARING BY THE FEDERAL BUREAU OF
INVESTIGATION OF CERTAIN CRIMINAL RECORD EXTRACTS WITH OTHER FEDERAL
AGENCIES IN ORDER TO ENHANCE BORDER SECURITY.
(a) In General.--Section 105 of the Immigration and Nationality Act
(8 U.S.C. 1105), is amended--
(1) in the section heading, by adding `` and data exchange'' at the
end;
(2) by inserting ``(a) Liaison With Internal Security Officers.--''
after ``105.'';
(3) by striking ``the internal security of'' and inserting ``the
internal and border security of''; and
(4) by adding at the end the following:
``(b) Criminal History Record Information.--The Attorney General and
the Director of the Federal Bureau of Investigation shall provide the
Secretary of State and the Commissioner access to the criminal history
record information contained in the National Crime Information Center's
Interstate Identification Index, Wanted Persons File, and to any other
files maintained by the National Crime Information Center that may be
mutually agreed upon by the Attorney General and the official to be
provided access, for the purpose of determining whether a visa applicant
or applicant for admission has a criminal history record indexed in any
such file. Such access shall be provided by means of extracts of the
records for placement in the Department of State's automated visa
lookout database or other appropriate database, and shall be provided
without any fee or charge. The Director of the Federal Bureau of
Investigation shall provide periodic updates of the extracts at
intervals mutually agreed upon by the Attorney General and the official
provided access. Upon receipt of such updated extracts, the receiving
official shall make corresponding updates to the official's databases
and destroy previously provided extracts. Such access to any extract
shall not be construed to entitle the Secretary of State to obtain the
full content of the corresponding automated criminal history record. To
obtain the full content of a criminal history record, the Secretary of
State shall submit the applicant's fingerprints and any appropriate
fingerprint processing fee authorized by law to the Criminal Justice
Information Services Division of the Federal Bureau of Investigation.
``(c) Reconsideration.--The provision of the extracts described in
subsection (b) may be reconsidered by the Attorney General and the
receiving official upon the development and deployment of a more
cost-effective and efficient means of sharing the information.
``(d) Regulations.--For purposes of administering this section, the
Secretary of State shall, prior to receiving access to National Crime
Information Center data, promulgate final regulations--
``(1) to implement procedures for the taking of fingerprints; and
``(2) to establish the conditions for the use of the information
received from the Federal Bureau of Investigation, in order--
``(A) to limit the redissemination of such information;
``(B) to ensure that such information is used solely to determine
whether to issue a visa to an individual;
``(C) to ensure the security, confidentiality, and destruction of
such information; and
``(D) to protect any privacy rights of individuals who are subjects
of such information.''.
(b) Clerical Amendment.--The table of contents of the Immigration and
Nationality Act is amended by amending the item relating to section 105
to read as follows:
``Sec. 105. Liaison with internal security officers and data
exchange.''.
(c) Effective Date and Implementation.--The amendments made by this
section shall take effect on the date of the enactment of this Act and
shall be fully implemented not later than 18 months after such date.
(d) Reporting Requirement.--Not later than 2 years after the date of
the enactment of this Act, the Attorney General and the Secretary of
State, jointly, shall report to the Congress on the implementation of
the amendments made by this section.
(e) Construction.--Nothing in this section, or in any other law,
shall be construed to limit the authority of the Attorney General or the
Director of the Federal Bureau of Investigation to provide access to the
criminal history record information contained in the National Crime
Information Center's Interstate Identification Index, or to any other
information maintained by such center, to any Federal agency or officer
authorized to enforce or administer the immigration laws of the United
States, for the purpose of such enforcement or administration, upon
terms that are consistent with sections 212 through 216 of the National
Crime Prevention and Privacy Compact Act of 1998 (42 U.S.C. 14611 et
seq.).
SEC. 207. INADMISSIBILITY OF ALIENS ENGAGED IN MONEY LAUNDERING.
(a) Amendment to Immigration and Nationality Act.--Section 212(a)(2)
of the Immigration and Nationality Act (8 U.S.C. 1182(a)(2)) is amended
by adding at the end the following:
``(I) Money laundering.--Any alien--
``(i) who a consular officer or the Attorney General knows, or has
reason to believe, has engaged, is engaging, or seeks to enter the
United States to engage, in an offense which is described in section
1956 of title 18, United States Code (relating to laundering of monetary
instruments); or
``(ii) who a consular officer or the Attorney General knows is, or
has been, a knowing aider, abettor, assister, conspirator, or colluder
with others in an offense which is described in such section;
is inadmissible.''.
(b) Money Laundering Watchlist.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of State shall develop,
implement, and certify to the Congress that there has been established a
money laundering watchlist, which identifies individuals worldwide who
are known or suspected of money laundering, which is readily accessible
to, and shall be checked by, a consular or other Federal official prior
to the issuance of a visa or admission to the United States. The
Secretary of State shall develop and continually update the watchlist in
cooperation with the Attorney General, the Secretary of the Treasury,
and the Director of Central Intelligence.
SEC. 208. PROGRAM TO COLLECT INFORMATION RELATING TO
NONIMMIGRANT FOREIGN STUDENTS AND OTHER EXCHANGE PROGRAM PARTICIPANTS.
(a) Changes in Deadlines.--Section 641 of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372) is
amended--
(1) in subsection (f), by striking ``Not later than 4 years after
the commencement of the program established under subsection (a),'' and
inserting ``Not later than 120 days after the date of the enactment of
the PATRIOT Act of 2001,''; and
(2) in subsection (g)(1), by striking ``12 months'' and inserting
``120 days''.
(b) Increased Fee for Certain Students.--Section 641(e)(4)(A) of the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8
U.S.C. 1372(e)(4)(A)) is amended by adding at the end the following:
``In the case of an alien who is a national of a country, the government
of which the Secretary of State has determined, for purposes of section
6(j)(1) of the Export Administration Act of 1979 (50 U.S.C. App.
2405(j)(1)), has repeatedly provided support for acts of international
terrorism, the Attorney General may impose on, and collect from, the
alien a fee that is greater than that imposed on other aliens described
in paragraph (3).''.
(c) Data Exchange.--Section 641 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1372) is amended--
(1) by redesignating subsection (h) as subsection (i); and
(2) by inserting after subsection (g) the following:
``(h) Data Exchange.--Notwithstanding any other provision of law, the
Attorney General shall provide to the Secretary of State and the
Director of the Federal Bureau of Investigation the information
collected under subsection (a)(1).''.
SEC. 209. 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 enhancing technology for security and
enforcement at the northern border, such as infrared technology and
technology that enhances coordination between the Governments of Canada
and the United States generally and specifically between Canadian police
and the Federal Bureau of Investigation.
Subtitle B--Preservation of Immigration Benefits for Victims
of Terrorism
SEC. 211. SPECIAL IMMIGRANT STATUS.
(a) In General.--For purposes of the Immigration and Nationality Act
(8 U.S.C. 1101 et seq.), the Attorney General may provide an alien
described in subsection (b) with the status of a special immigrant under
section 101(a)(27) of such Act (8 U.S.C. 1101(a(27)), if the alien--
(1) files with the Attorney General a petition under section 204 of
such Act (8 U.S.C. 1154) for classification under section 203(b)(4) of
such Act (8 U.S.C. 1153(b)(4)); and
(2) is otherwise eligible to receive an immigrant visa and is
otherwise admissible to the United States for permanent residence,
except in determining such admissibility, the grounds for
inadmissibility specified in section 212(a)(4) of such Act (8 U.S.C.
1182(a)(4)) shall not apply.
(b) Aliens Described.--
(1) Principal aliens.--An alien is described in this subsection if--
(A) the alien was the beneficiary of--
(i) a petition that was filed with the Attorney General on or before
September 11, 2001--
(I) under section 204 of the Immigration and Nationality Act (8
U.S.C. 1154) to classify the alien as a family-sponsored immigrant under
section 203(a) of such Act (8 U.S.C. 1153(a)) or as an employment-based
immigrant under section 203(b) of such Act (8 U.S.C. 1153(b)); or
(II) under section 214(d) (8 U.S.C. 1184(d)) of such Act to
authorize the issuance of a nonimmigrant visa to the alien under section
101(a)(15)(K) of such Act (8 U.S.C. 1101(a)(15)(K)); or
(ii) an application for labor certification under section
212(a)(5)(A) of such Act (8 U.S.C. 1182(a)(5)(A)) that was filed under
regulations of the Secretary of Labor on or before such date; and
(B) such petition or application was revoked or terminated (or
otherwise rendered null), either before or after its approval, due to a
specified terrorist activity that directly resulted in--
(i) the death or disability of the petitioner, applicant, or alien
beneficiary; or
(ii) loss of employment due to physical damage to, or destruction
of, the business of the petitioner or applicant.
(2) Spouses and children.--
(A) In general.--An alien is described in this subsection if--
(i) the alien was, on September 10, 2001, the spouse or child of a
principal alien described in paragraph (1); and
(ii) the alien--
(I) is accompanying such principal alien; or
(II) is following to join such principal alien not later than
September 11, 2003.
(B) Construction.--For purposes of construing the terms
``accompanying'' and ``following to join'' in subparagraph (A)(ii), any
death of a principal alien that is described in paragraph (1)(B)(i)
shall be disregarded.
(3) Grandparents of orphans.--An alien is described in this
subsection if the alien is a grandparent of a child, both of whose
parents died as a direct result of a specified terrorist activity, if
either of such deceased parents was, on September 10, 2001, a citizen or
national of the United States or an alien lawfully admitted for
permanent residence in the United States.
(c) Priority Date.--Immigrant visas made available under this section
shall be issued to aliens in the order in which a petition on behalf of
each such alien is filed with the Attorney General under subsection
(a)(1), except that if an alien was assigned a priority date with
respect to a petition described in subsection (b)(1)(A)(i), the alien
may maintain that priority date.
(d) Numerical Limitations.--For purposes of the application of
sections 201 through 203 of the Immigration and Nationality Act (8
U.S.C. 1151 1153) in any fiscal year, aliens eligible to be provided
status under this section shall be treated as special immigrants
described in section 101(a)(27) of such Act (8 U.S.C. 1101(a)(27)) who
are not described in subparagraph (A), (B), (C), or (K) of such section.
SEC. 212. EXTENSION OF FILING OR REENTRY DEADLINES.
(a) Automatic Extension of Nonimmigrant Status.--
(1) In general.--Notwithstanding section 214 of the Immigration and
Nationality Act (8 U.S.C. 1184), in the case of an alien described in
paragraph (2) who was lawfully present in the United States as a
nonimmigrant on September 10, 2001, the alien may remain lawfully in the
United States in the same nonimmigrant status until the later of--
(A) the date such lawful nonimmigrant status otherwise would have
terminated if this subsection had not been enacted; or
(B) 1 year after the death or onset of disability described in
paragraph (2).
(2) Aliens described.--
(A) Principal aliens.--An alien is described in this paragraph if
the alien was disabled as a direct result of a specified terrorist
activity.
(B) Spouses and children.--An alien is described in this paragraph
if the alien was, on September 10, 2001, the spouse or child of--
(i) a principal alien described in subparagraph (A); or
(ii) an alien who died as a direct result of a specified terrorist
activity.
(3) Authorized employment.--During the period in which a principal
alien or alien spouse is in lawful nonimmigrant status under paragraph
(1), the alien shall be provided an ``employment authorized''
endorsement or other appropriate document signifying authorization of
employment not later than 30 days after the alien requests such
authorization.
(b) New Deadlines for Extension or Change of Nonimmigrant Status.--
(1) Filing delays.--In the case of an alien who was lawfully present
in the United States as a nonimmigrant on September 10, 2001, if the
alien was prevented from filing a timely application for an extension or
change of nonimmigrant status as a direct result of a specified
terrorist activity, the alien's application shall be considered timely
filed if it is filed not later than 60 days after it otherwise would
have been due. 