(no subject)
SEC. 415. PARTICIPATION OF OFFICE OF HOMELAND SECURITY ON ENTRY-EXIT TASK FORCE.
Section 3 of the Immigration and Naturalization Service Data Management Improvement Act of 2000 (Public Law 106-215) is amended by striking `and the Secretary of the Treasury,' and inserting `the Secretary of the Treasury, and the Office of Homeland Security'.
SEC. 416. FOREIGN STUDENT MONITORING PROGRAM.
(a) FULL IMPLEMENTATION AND EXPANSION OF FOREIGN STUDENT VISA MONITORING PROGRAM REQUIRED- The Attorney General, in consultation with the Secretary of State, shall fully implement and expand the program established by section 641(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372(a)).
(b) INTEGRATION WITH PORT OF ENTRY INFORMATION- For each alien with respect to whom information is collected under section 641 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372), the Attorney General, in consultation with the Secretary of State, shall include information on the date of entry and port of entry.
(c) EXPANSION OF SYSTEM TO INCLUDE OTHER APPROVED EDUCATIONAL INSTITUTIONS- Section 641 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.1372) is amended--
(1) in subsection (a)(1), subsection (c)(4)(A), and subsection (d)(1) (in the text above subparagraph (A)), by inserting `, other approved educational institutions,' after `higher education' each place it appears;
(2) in subsections (c)(1)(C), (c)(1)(D), and (d)(1)(A), by inserting `, or other approved educational institution,' after `higher education' each place it appears;
(3) in subsections (d)(2), (e)(1), and (e)(2), by inserting `, other approved educational institution,' after `higher education' each place it appears; and
(4) in subsection (h), by adding at the end the following new paragraph:
`(3) OTHER APPROVED EDUCATIONAL INSTITUTION- The term `other approved educational institution' includes any air flight school, language training school, or vocational school, approved by the Attorney General, in consultation with the Secretary of Education and the Secretary of State, under subparagraph (F), (J), or (M) of section 101(a)(15) of the Immigration and Nationality Act.'.
(d) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated to the Department of Justice $36,800,000 for the period beginning on the date of enactment of this Act and ending on January 1, 2003, to fully implement and expand prior to January 1, 2003, the program established by section 641(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372(a)).
SEC. 417. MACHINE READABLE PASSPORTS.
(a) AUDITS- The Secretary of State shall, each fiscal year until September 30, 2007--
(1) perform annual audits of the implementation of section 217(c)(2)(B) of the Immigration and Nationality Act (8 U.S.C. 1187(c)(2)(B));
(2) check for the implementation of precautionary measures to prevent the counterfeiting and theft of passports; and
(3) ascertain that countries designated under the visa waiver program have established a program to develop tamper-resistant passports.
(b) PERIODIC REPORTS- Beginning one year after the date of enactment of this Act, and every year thereafter until 2007, the Secretary of State shall submit a report to Congress setting forth the findings of the most recent audit conducted under subsection (a)(1).
(c) ADVANCING DEADLINE FOR SATISFACTION OF REQUIREMENT- Section 217(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1187(a)(3)) is amended by striking `2007' and inserting `2003'.
(d) WAIVER- Section 217(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1187(a)(3)) is amended--
(1) by striking `On or after' and inserting the following:
`(A) IN GENERAL- Except as provided in subparagraph (B), on or after'; and
(2) by adding at the end the following:
`(B) LIMITED WAIVER AUTHORITY- For the period beginning October 1, 2003, and ending September 30, 2007, the Secretary of State may waive the requirement of subparagraph (A) with respect to nationals of a program country (as designated under subsection (c)), if the Secretary of State finds that the program country--
`(i) is making progress toward ensuring that passports meeting the requirement of subparagraph (A) are generally available to its nationals; and
`(ii) has taken appropriate measures to protect against misuse of passports the country has issued that do not meet the requirement of subparagraph (A).'.
SEC. 418. PREVENTION OF CONSULATE SHOPPING.
(a) REVIEW- The Secretary of State shall review how consular officers issue visas to determine if consular shopping is a problem.
(b) ACTIONS TO BE TAKEN- If the Secretary of State determines under subsection (a) that consular shopping is a problem, the Secretary shall take steps to address the problem and shall submit a report to Congress describing what action was taken.
Subtitle C--Preservation of Immigration Benefits for Victims of Terrorism
SEC. 421. SPECIAL IMMIGRANT STATUS.
(a) IN GENERAL- For purposes of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), the Attorney General may provide an alien described in subsection (b) with the status of a special immigrant under section 101(a)(27) of such Act (8 U.S.C. 1101(a(27)), if the alien--
(1) files with the Attorney General a petition under section 204 of such Act (8 U.S.C. 1154) for classification under section 203(b)(4) of such Act (8 U.S.C. 1153(b)(4)); and
(2) is otherwise eligible to receive an immigrant visa and is otherwise admissible to the United States for permanent residence, except in determining such admissibility, the grounds for inadmissibility specified in section 212(a)(4) of such Act (8 U.S.C. 1182(a)(4)) shall not apply.
(b) ALIENS DESCRIBED-
(1) PRINCIPAL ALIENS- An alien is described in this subsection if--
(A) the alien was the beneficiary of--
(i) a petition that was filed with the Attorney General on or before September 11, 2001--
(I) under section 204 of the Immigration and Nationality Act (8 U.S.C. 1154) to classify the alien as a family-sponsored immigrant under section 203(a) of such Act (8 U.S.C. 1153(a)) or as an employment-based immigrant under section 203(b) of such Act (8 U.S.C. 1153(b)); or
(II) under section 214(d) (8 U.S.C. 1184(d)) of such Act to authorize the issuance of a nonimmigrant visa to the alien under section 101(a)(15)(K) of such Act (8 U.S.C. 1101(a)(15)(K)); or
(ii) an application for labor certification under section 212(a)(5)(A) of such Act (8 U.S.C. 1182(a)(5)(A)) that was filed under regulations of the Secretary of Labor on or before such date; and
(B) such petition or application was revoked or terminated (or otherwise rendered null), either before or after its approval, due to a specified terrorist activity that directly resulted in--
(i) the death or disability of the petitioner, applicant, or alien beneficiary; or
(ii) loss of employment due to physical damage to, or destruction of, the business of the petitioner or applicant.
(2) SPOUSES AND CHILDREN-
(A) IN GENERAL- An alien is described in this subsection if--
(i) the alien was, on September 10, 2001, the spouse or child of a principal alien described in paragraph (1); and
(ii) the alien--
(I) is accompanying such principal alien; or
(II) is following to join such principal alien not later than September 11, 2003.
(B) CONSTRUCTION- For purposes of construing the terms `accompanying' and `following to join' in subparagraph (A)(ii), any death of a principal alien that is described in paragraph (1)(B)(i) shall be disregarded.
(3) GRANDPARENTS OF ORPHANS- An alien is described in this subsection if the alien is a grandparent of a child, both of whose parents died as a direct result of a specified terrorist activity, if either of such deceased parents was, on September 10, 2001, a citizen or national of the United States or an alien lawfully admitted for permanent residence in the United States.
(c) PRIORITY DATE- Immigrant visas made available under this section shall be issued to aliens in the order in which a petition on behalf of each such alien is filed with the Attorney General under subsection (a)(1), except that if an alien was assigned a priority date with respect to a petition described in subsection (b)(1)(A)(i), the alien may maintain that priority date.
(d) NUMERICAL LIMITATIONS- For purposes of the application of sections 201 through 203 of the Immigration and Nationality Act (8 U.S.C. 1151-1153) in any fiscal year, aliens eligible to be provided status under this section shall be treated as special immigrants described in section 101(a)(27) of such Act (8 U.S.C. 1101(a)(27)) who are not described in subparagraph (A), (B), (C), or (K) of such section.
SEC. 422. EXTENSION OF FILING OR REENTRY DEADLINES.
(a) AUTOMATIC EXTENSION OF NONIMMIGRANT STATUS-
(1) IN GENERAL- Notwithstanding section 214 of the Immigration and Nationality Act (8 U.S.C. 1184), in the case of an alien described in paragraph (2) who was lawfully present in the United States as a nonimmigrant on September 10, 2001, the alien may remain lawfully in the United States in the same nonimmigrant status until the later of--
(A) the date such lawful nonimmigrant status otherwise would have terminated if this subsection had not been enacted; or
(B) 1 year after the death or onset of disability described in paragraph (2).
(2) ALIENS DESCRIBED-
(A) PRINCIPAL ALIENS- An alien is described in this paragraph if the alien was disabled as a direct result of a specified terrorist activity.
(B) SPOUSES AND CHILDREN- An alien is described in this paragraph if the alien was, on September 10, 2001, the spouse or child of--
(i) a principal alien described in subparagraph (A); or
(ii) an alien who died as a direct result of a specified terrorist activity.
(3) AUTHORIZED EMPLOYMENT- During the period in which a principal alien or alien spouse is in lawful nonimmigrant status under paragraph (1), the alien shall be provided an `employment authorized' endorsement or other appropriate document signifying authorization of employment not later than 30 days after the alien requests such authorization.
(b) NEW DEADLINES FOR EXTENSION OR CHANGE OF NONIMMIGRANT STATUS-
(1) FILING DELAYS- In the case of an alien who was lawfully present in the United States as a nonimmigrant on September 10, 2001, if the alien was prevented from filing a timely application for an extension or change of nonimmigrant status as a direct result of a specified terrorist activity, the alien's application shall be considered timely filed if it is filed not later than 60 days after it otherwise would have been due.
(2) DEPARTURE DELAYS- In the case of an alien who was lawfully present in the United States as a nonimmigrant on September 10, 2001, if the alien is unable timely to depart the United States as a direct result of a specified terrorist activity, the alien shall not be considered to have been unlawfully present in the United States during the period beginning on September 11, 2001, and ending on the date of the alien's departure, if such departure occurs on or before November 11, 2001.
(3) SPECIAL RULE FOR ALIENS UNABLE TO RETURN FROM ABROAD-
(A) PRINCIPAL ALIENS- In the case of an alien who was in a lawful nonimmigrant status on September 10, 2001, but who was not present in the United States on such date, if the alien was prevented from returning to the United States in order to file a timely application for an extension of nonimmigrant status as a direct result of a specified terrorist activity--
(i) the alien's application shall be considered timely filed if it is filed not later than 60 days after it otherwise would have been due; and
(ii) the alien's lawful nonimmigrant status shall be considered to continue until the later of--
(I) the date such status otherwise would have terminated if this subparagraph had not been enacted; or
(II) the date that is 60 days after the date on which the application described in clause (i) otherwise would have been due.
(B) SPOUSES AND CHILDREN- In the case of an alien who is the spouse or child of a principal alien described in subparagraph (A), if the spouse or child was in a lawful nonimmigrant status on September 10, 2001, the spouse or child may remain lawfully in the United States in the same nonimmigrant status until the later of--
(i) the date such lawful nonimmigrant status otherwise would have terminated if this subparagraph had not been enacted; or
(ii) the date that is 60 days after the date on which the application described in subparagraph (A) otherwise would have been due.
(4) CIRCUMSTANCES PREVENTING TIMELY ACTION-
(A) FILING DELAYS- For purposes of paragraph (1), circumstances preventing an alien from timely acting are--
(i) office closures;
(ii) mail or courier service cessations or delays; and
(iii) other closures, cessations, or delays affecting case processing or travel necessary to satisfy legal requirements.
(B) DEPARTURE AND RETURN DELAYS- For purposes of paragraphs (2) and (3), circumstances preventing an alien from timely acting are--
(i) office closures;
(ii) airline flight cessations or delays; and
(iii) other closures, cessations, or delays affecting case processing or travel necessary to satisfy legal requirements.
(c) DIVERSITY IMMIGRANTS-
(1) WAIVER OF FISCAL YEAR LIMITATION- Notwithstanding section 203(e)(2) of the Immigration and Nationality Act (8 U.S.C. 1153(e)(2)), an immigrant visa number issued to an alien under section 203(c) of such Act for fiscal year 2001 may be used by the alien during the period beginning on October 1, 2001, and ending on April 1, 2002, if the alien establishes that the alien was prevented from using it during fiscal year 2001 as a direct result of a specified terrorist activity.
(2) WORLDWIDE LEVEL- In the case of an alien entering the United States as a lawful permanent resident, or adjusting to that status, under paragraph (1) or (3), the alien shall be counted as a diversity immigrant for fiscal year 2001 for purposes of section 201(e) of the Immigration and Nationality Act (8 U.S.C. 1151(e)), unless the worldwide level under such section for such year has been exceeded, in which case the alien shall be counted as a diversity immigrant for fiscal year 2002.
(3) TREATMENT OF FAMILY MEMBERS OF CERTAIN ALIENS- In the case of a principal alien issued an immigrant visa number under section 203(c) of the Immigration and Nationality Act (8 U.S.C. 1153(c)) for fiscal year 2001, if such principal alien died as a direct result of a specified terrorist activity, the aliens who were, on September 10, 2001, the spouse and children of such principal alien shall, until June 30, 2002, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c) of section 203 of such Act, be entitled to the same status, and the same order of consideration, that would have been provided to such alien spouse or child under section 203(d) of such Act as if the principal alien were not deceased and as if the spouse or child's visa application had been adjudicated by September 30, 2001.
(4) CIRCUMSTANCES PREVENTING TIMELY ACTION- For purposes of paragraph (1), circumstances preventing an alien from using an immigrant visa number during fiscal year 2001 are--
(A) office closures;
(B) mail or courier service cessations or delays;
(C) airline flight cessations or delays; and
(D) other closures, cessations, or delays affecting case processing or travel necessary to satisfy legal requirements.
(d) EXTENSION OF EXPIRATION OF IMMIGRANT VISAS-
(1) IN GENERAL- Notwithstanding the limitations under section 221(c) of the Immigration and Nationality Act (8 U.S.C. 1201(c)), in the case of any immigrant visa issued to an alien that expires or expired before December 31, 2001, if the alien was unable to effect entry into the United States as a direct result of a specified terrorist activity, then the period of validity of the visa is extended until December 31, 2001, unless a longer period of validity is otherwise provided under this subtitle.
(2) CIRCUMSTANCES PREVENTING ENTRY- For purposes of this subsection, circumstances preventing an alien from effecting entry into the United States are--
(A) office closures;
(B) airline flight cessations or delays; and
(C) other closures, cessations, or delays affecting case processing or travel necessary to satisfy legal requirements.
(e) GRANTS OF PAROLE EXTENDED-
(1) IN GENERAL- In the case of any parole granted by the Attorney General under section 212(d)(5) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(5)) that expires on a date on or after September 11, 2001, if the alien beneficiary of the parole was unable to return to the United States prior to the expiration date as a direct result of a specified terrorist activity, the parole is deemed extended for an additional 90 days.
(2) CIRCUMSTANCES PREVENTING RETURN- For purposes of this subsection, circumstances preventing an alien from timely returning to the United States are--
(A) office closures;
(B) airline flight cessations or delays; and
(C) other closures, cessations, or delays affecting case processing or travel necessary to satisfy legal requirements.
(f) VOLUNTARY DEPARTURE- Notwithstanding section 240B of the Immigration and Nationality Act (8 U.S.C. 1229c), if a period for voluntary departure under such section expired during the period beginning on September 11, 2001, and ending on October 11, 2001, such voluntary departure period is deemed extended for an additional 30 days.
SEC. 423. HUMANITARIAN RELIEF FOR CERTAIN SURVIVING SPOUSES AND CHILDREN.
(a) TREATMENT AS IMMEDIATE RELATIVES-
(1) SPOUSES- Notwithstanding the second sentence of section 201(b)(2)(A)(i) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)), in the case of an alien who was the spouse of a citizen of the United States at the time of the citizen's death and was not legally separated from the citizen at the time of the citizen's death, if the citizen died as a direct result of a specified terrorist activity, the alien (and each child of the alien) shall be considered, for purposes of section 201(b) of such Act, to remain an immediate relative after the date of the citizen's death, but only if the alien files a petition under section 204(a)(1)(A)(ii) of such Act within 2 years after such date and only until the date the alien remarries. For purposes of such section 204(a)(1)(A)(ii), an alien granted relief under the preceding sentence shall be considered an alien spouse described in the second sentence of section 201(b)(2)(A)(i) of such Act.
(2) CHILDREN-
(A) IN GENERAL- In the case of an alien who was the child of a citizen of the United States at the time of the citizen's death, if the citizen died as a direct result of a specified terrorist activity, the alien shall be considered, for purposes of section 201(b) of the Immigration and Nationality Act (8 U.S.C. 1151(b)), to remain an immediate relative after the date of the citizen's death (regardless of changes in age or marital status thereafter), but only if the alien files a petition under subparagraph (B) within 2 years after such date.
(B) PETITIONS- An alien described in subparagraph (A) may file a petition with the Attorney General for classification of the alien under section 201(b)(2)(A)(i) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)). For purposes of such Act, such a petition shall be considered a petition filed under section 204(a)(1)(A) of such Act (8 U.S.C. 1154(a)(1)(A)).
(b) SPOUSES, CHILDREN, UNMARRIED SONS AND DAUGHTERS OF LAWFUL PERMANENT RESIDENT ALIENS-
(1) IN GENERAL- Any spouse, child, or unmarried son or daughter of an alien described in paragraph (3) who is included in a petition for classification as a family-sponsored immigrant under section 203(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1153(a)(2)) that was filed by such alien before September 11, 2001, shall be considered (if the spouse, child, son, or daughter has not been admitted or approved for lawful permanent residence by such date) a valid petitioner for preference status under such section with the same priority date as that assigned prior to the death described in paragraph (3)(A). No new petition shall be required to be filed. Such spouse, child, son, or daughter may be eligible for deferred action and work authorization.
(2) SELF-PETITIONS- Any spouse, child, or unmarried son or daughter of an alien described in paragraph (3) who is not a beneficiary of a petition for classification as a family-sponsored immigrant under section 203(a)(2) of the Immigration and Nationality Act may file a petition for such classification with the Attorney General, if the spouse, child, son, or daughter was present in the United States on September 11, 2001. Such spouse, child, son, or daughter may be eligible for deferred action and work authorization.
(3) ALIENS DESCRIBED- An alien is described in this paragraph if the alien--
(A) died as a direct result of a specified terrorist activity; and
(B) on the day of such death, was lawfully admitted for permanent residence in the United States.
(c) APPLICATIONS FOR ADJUSTMENT OF STATUS BY SURVIVING SPOUSES AND CHILDREN OF EMPLOYMENT-BASED IMMIGRANTS-
(1) IN GENERAL- Any alien who was, on September 10, 2001, the spouse or child of an alien described in paragraph (2), and who applied for adjustment of status prior to the death described in paragraph (2)(A), may have such application adjudicated as if such death had not occurred.
(2) ALIENS DESCRIBED- An alien is described in this paragraph if the alien--
(A) died as a direct result of a specified terrorist activity; and
(B) on the day before such death, was--
(i) an alien lawfully admitted for permanent residence in the United States by reason of having been allotted a visa under section 203(b) of the Immigration and Nationality Act (8 U.S.C. 1153(b)); or
(ii) an applicant for adjustment of status to that of an alien described in clause (i), and admissible to the United States for permanent residence.
(d) WAIVER OF PUBLIC CHARGE GROUNDS- In determining the admissibility of any alien accorded an immigration benefit under this section, the grounds for inadmissibility specified in section 212(a)(4) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(4)) shall not apply.
SEC. 424. `AGE-OUT' PROTECTION FOR CHILDREN.
For purposes of the administration of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), in the case of an alien--
(1) whose 21st birthday occurs in September 2001, and who is the beneficiary of a petition or application filed under such Act on or before September 11, 2001, the alien shall be considered to be a child for 90 days after the alien's 21st birthday for purposes of adjudicating such petition or application; and
(2) whose 21st birthday occurs after September 2001, and who is the beneficiary of a petition or application filed under such Act on or before September 11, 2001, the alien shall be considered to be a child for 45 days after the alien's 21st birthday for purposes of adjudicating such petition or application.
SEC. 425. TEMPORARY ADMINISTRATIVE RELIEF.
The Attorney General, for humanitarian purposes or to ensure family unity, may provide temporary administrative relief to any alien who--
(1) was lawfully present in the United States on September 10, 2001;
(2) was on such date the spouse, parent, or child of an individual who died or was disabled as a direct result of a specified terrorist activity; and
(3) is not otherwise entitled to relief under any other provision of this subtitle.
SEC. 426. EVIDENCE OF DEATH, DISABILITY, OR LOSS OF EMPLOYMENT.
(a) IN GENERAL- The Attorney General shall establish appropriate standards for evidence demonstrating, for purposes of this subtitle, that any of the following occurred as a direct result of a specified terrorist activity:
(1) Death.
(2) Disability.
(3) Loss of employment due to physical damage to, or destruction of, a business.
(b) WAIVER OF REGULATIONS- The Attorney General shall carry out subsection (a) as expeditiously as possible. The Attorney General is not required to promulgate regulations prior to implementing this subtitle.
SEC. 427. NO BENEFITS TO TERRORISTS OR FAMILY MEMBERS OF TERRORISTS.
Notwithstanding any other provision of this subtitle, nothing in this subtitle shall be construed to provide any benefit or relief to--
(1) any individual culpable for a specified terrorist activity; or
(2) any family member of any individual described in paragraph (1).
SEC. 428. DEFINITIONS.
(a) APPLICATION OF IMMIGRATION AND NATIONALITY ACT PROVISIONS- Except as otherwise specifically provided in this subtitle, the definitions used in the Immigration and Nationality Act (excluding the definitions applicable exclusively to title III of such Act) shall apply in the administration of this subtitle.
(b) SPECIFIED TERRORIST ACTIVITY- For purposes of this subtitle, the term `specified terrorist activity' means any terrorist activity conducted against the Government or the people of the United States on September 11, 2001.
TITLE V--REMOVING OBSTACLES TO INVESTIGATING TERRORISM
SEC. 501. ATTORNEY GENERAL'S AUTHORITY TO PAY REWARDS TO COMBAT TERRORISM.
(a) PAYMENT OF REWARDS TO COMBAT TERRORISM- Funds available to the Attorney General may be used for the payment of rewards pursuant to public advertisements for assistance to the Department of Justice to combat terrorism and defend the Nation against terrorist acts, in accordance with procedures and regulations established or issued by the Attorney General.
(b) CONDITIONS- In making rewards under this section--
(1) no such reward of $250,000 or more may be made or offered without the personal approval of either the Attorney General or the President;
(2) the Attorney General shall give written notice to the Chairmen and ranking minority members of the Committees on Appropriations and the Judiciary of the Senate and of the House of Representatives not later than 30 days after the approval of a reward under paragraph (1);
(3) any executive agency or military department (as defined, respectively, in sections 105 and 102 of title 5, United States Code) may provide the Attorney General with funds for the payment of rewards;
(4) neither the failure of the Attorney General to authorize a payment nor the amount authorized shall be subject to judicial review; and
(5) no such reward shall be subject to any per- or aggregate reward spending limitation established by law, unless that law expressly refers to this section, and no reward paid pursuant to any such offer shall count toward any such aggregate reward spending limitation.
SEC. 502. SECRETARY OF STATE'S AUTHORITY TO PAY REWARDS.
Section 36 of the State Department Basic Authorities Act of 1956 (Public Law 885, August 1, 1956; 22 U.S.C. 2708) is amended--
(1) in subsection (b)--
(A) in paragraph (4), by striking `or' at the end;
(B) in paragraph (5), by striking the period at the end and inserting `, including by dismantling an organization in whole or significant part; or'; and
(C) by adding at the end the following:
`(6) the identification or location of an individual who holds a key leadership position in a terrorist organization.';
(2) in subsection (d), by striking paragraphs (2) and (3) and redesignating paragraph (4) as paragraph (2); and
(3) in subsection (e)(1), by inserting `, except as personally authorized by the Secretary of State if he determines that offer or payment of an award of a larger amount is necessary to combat terrorism or defend the Nation against terrorist acts.' after `$5,000,000'.
SEC. 503. DNA IDENTIFICATION OF TERRORISTS AND OTHER VIOLENT OFFENDERS.
Section 3(d)(2) of the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135a(d)(2)) is amended to read as follows:
`(2) In addition to the offenses described in paragraph (1), the following offenses shall be treated for purposes of this section as qualifying Federal offenses, as determined by the Attorney General:
`(A) Any offense listed in section 2332b(g)(5)(B) of title 18, United States Code.
`(B) Any crime of violence (as defined in section 16 of title 18, United States Code).
`(C) Any attempt or conspiracy to commit any of the above offenses.'.
SEC. 504. COORDINATION WITH LAW ENFORCEMENT.
(a) INFORMATION ACQUIRED FROM AN ELECTRONIC SURVEILLANCE- Section 106 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1806), is amended by adding at the end the following:
`(k)(1) Federal officers who conduct electronic surveillance to acquire foreign intelligence information under this title may consult with Federal law enforcement officers to coordinate efforts to investigate or protect against--
`(A) actual or potential attack or other grave hostile acts of a foreign power or an agent of a foreign power;
`(B) sabotage or international terrorism by a foreign power or an agent of a foreign power; or
`(C) clandestine intelligence activities by an intelligence service or network of a foreign power or by an agent of a foreign power.
`(2) Coordination authorized under paragraph (1) shall not preclude the certification required by section 104(a)(7)(B) or the entry of an order under section 105.'.
(b) INFORMATION ACQUIRED FROM A PHYSICAL SEARCH- Section 305 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1825) is amended by adding at the end the following:
`(k)(1) Federal officers who conduct physical searches to acquire foreign intelligence information under this title may consult with Federal law enforcement officers to coordinate efforts to investigate or protect against--
`(A) actual or potential attack or other grave hostile acts of a foreign power or an agent of a foreign power;
`(B) sabotage or international terrorism by a foreign power or an agent of a foreign power; or
`(C) clandestine intelligence activities by an intelligence service or network of a foreign power or by an agent of a foreign power.
`(2) Coordination authorized under paragraph (1) shall not preclude the certification required by section 303(a)(7) or the entry of an order under section 304.'.
SEC. 505. MISCELLANEOUS NATIONAL SECURITY AUTHORITIES.
(a) TELEPHONE TOLL AND TRANSACTIONAL RECORDS- Section 2709(b) of title 18, United States Code, is amended--
(1) in the matter preceding paragraph (1), by inserting `at Bureau headquarters or a Special Agent in Charge in a Bureau field office designated by the Director' after `Assistant Director';
(2) in paragraph (1)--
(A) by striking `in a position not lower than Deputy Assistant Director'; and
(B) by striking `made that' and all that follows and inserting the following: `made that the name, address, length of service, and toll billing records sought are relevant to an authorized investigation to protect against international terrorism or clandestine intelligence activities, provided that such an investigation of a United States person is not conducted solely on the basis of activities protected by the first amendment to the Constitution of the United States; and'; and
(3) in paragraph (2)--
(A) by striking `in a position not lower than Deputy Assistant Director'; and
(B) by striking `made that' and all that follows and inserting the following: `made that the information sought is relevant to an authorized investigation to protect against international terrorism or clandestine intelligence activities, provided that such an investigation of a United States person is not conducted solely upon the basis of activities protected by the first amendment to the Constitution of the United States.'.
(b) FINANCIAL RECORDS- Section 1114(a)(5)(A) of the Right to Financial Privacy Act of 1978 (12 U.S.C. 3414(a)(5)(A)) is amended--
(1) by inserting `in a position not lower than Deputy Assistant Director at Bureau headquarters or a Special Agent in Charge in a Bureau field office designated by the Director' after `designee'; and
(2) by striking `sought' and all that follows and inserting `sought for foreign counter intelligence purposes to protect against international terrorism or clandestine intelligence activities, provided that such an investigation of a United States person is not conducted solely upon the basis of activities protected by the first amendment to the Constitution of the United States.'.
(c) CONSUMER REPORTS- Section 624 of the Fair Credit Reporting Act (15 U.S.C. 1681u) is amended--
(1) in subsection (a)--
(A) by inserting `in a position not lower than Deputy Assistant Director at Bureau headquarters or a Special Agent in Charge of a Bureau field office designated by the Director' after `designee' the first place it appears; and
(B) by striking `in writing that' and all that follows through the end and inserting the following: `in writing, that such information is sought for the conduct of an authorized investigation to protect against international terrorism or clandestine intelligence activities, provided that such an investigation of a United States person is not conducted solely upon the basis of activities protected by the first amendment to the Constitution of the United States.';
(2) in subsection (b)--
(A) by inserting `in a position not lower than Deputy Assistant Director at Bureau headquarters or a Special Agent in Charge of a Bureau field office designated by the Director' after `designee' the first place it appears; and
(B) by striking `in writing that' and all that follows through the end and inserting the following: `in writing that such information is sought for the conduct of an authorized investigation to protect against international terrorism or clandestine intelligence activities, provided that such an investigation of a United States person is not conducted solely upon the basis of activities protected by the first amendment to the Constitution of the United States.'; and
(3) in subsection (c)--
(A) by inserting `in a position not lower than Deputy Assistant Director at Bureau headquarters or a Special Agent in Charge in a Bureau field office designated by the Director' after `designee of the Director'; and
(B) by striking `in camera that' and all that follows through `States.' and inserting the following: `in camera that the consumer report is sought for the conduct of an authorized investigation to protect against international terrorism or clandestine intelligence activities, provided that such an investigation of a United States person is not conducted solely upon the basis of activities protected by the first amendment to the Constitution of the United States.'.
SEC. 506. EXTENSION OF SECRET SERVICE JURISDICTION.
(a) Concurrent Jurisdiction Under 18 U.S.C. 1030- Section 1030(d) of title 18, United States Code, is amended to read as follows:
`(d)(1) The United States Secret Service shall, in addition to any other agency having such authority, have the authority to investigate offenses under this section.
`(2) The Federal Bureau of Investigation shall have primary authority to investigate offenses under subsection (a)(1) for any cases involving espionage, foreign counterintelligence, information protected against unauthorized disclosure for reasons of national defense or foreign relations, or Restricted Data (as that term is defined in section 11y of the Atomic Energy Act of 1954 (42 U.S.C. 2014(y)), except for offenses affecting the duties of the United States Secret Service pursuant to section 3056(a) of this title.
`(3) Such authority shall be exercised in accordance with an agreement which shall be entered into by the Secretary of the Treasury and the Attorney General.'.
(b) Reauthorization of Jurisdiction under 18 U.S.C. 1344- Section 3056(b)(3) of title 18, United States Code, is amended by striking `credit and debit card frauds, and false identification documents or devices' and inserting `access device frauds, false identification documents or devices, and any fraud or other criminal or unlawful activity in or against any federally insured financial institution'.
SEC. 507. DISCLOSURE OF EDUCATIONAL RECORDS.
Section 444 of the General Education Provisions Act (20 U.S.C. 1232g), is amended by adding after subsection (i) a new subsection (j) to read as follows:
`(j) INVESTIGATION AND PROSECUTION OF TERRORISM-
`(1) IN GENERAL- Notwithstanding subsections (a) through (i) or any provision of State law, the Attorney General (or any Federal officer or employee, in a position not lower than an Assistant Attorney General, designated by the Attorney General) may submit a written application to a court of competent jurisdiction for an ex parte order requiring an educational agency or institution to permit the Attorney General (or his designee) to--
`(A) collect education records in the possession of the educational agency or institution that are relevant to an authorized investigation or prosecution of an offense listed in section 2332b(g)(5)(B) of title 18 United States Code, or an act of domestic or international terrorism as defined in section 2331 of that title; and
`(B) for official purposes related to the investigation or prosecution of an offense described in paragraph (1)(A), retain, disseminate, and use (including as evidence at trial or in other administrative or judicial proceedings) such records, consistent with such guidelines as the Attorney General, after consultation with the Secretary, shall issue to protect confidentiality.
`(2) APPLICATION AND APPROVAL-
`(A) IN GENERAL- An application under paragraph (1) shall certify that there are specific and articulable facts giving reason to believe that the education records are likely to contain information described in paragraph (1)(A).
`(B) The court shall issue an order described in paragraph (1) if the court finds that the application for the order includes the certification described in subparagraph (A).
`(3) PROTECTION OF EDUCATIONAL AGENCY OR INSTITUTION- An educational agency or institution that, in good faith, produces education records in accordance with an order issued under this subsection shall not be liable to any person for that production.
`(4) RECORD-KEEPING- Subsection (b)(4) does not apply to education records subject to a court order under this subsection.'.