SEC. 213. HUMANITARIAN RELIEF FOR CERTAIN SURVIVING SPOUSES AND CHILDREN.
(a) TREATMENT AS IMMEDIATE RELATIVES. -- Notwithstanding the second sentence of section 201(b)(2)(A)(1) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)), in the case of an alien who was the spouse of a citizen of the United States at the time of the citizen's death and was not legally separated from the citizen at the time of the citizen's death, if the citizen died as a direct result of a specified terrorist activity, the alien (and each child of the alien) shall be considered, for purposes of section 201(b) of such Act, to remain an immediate relative after the date of the citizen's death but only if the alien files a petition under section 204(a)(1)(A)(ii) of such Act within 2 years after such date and only until the date the alien remarries.
(b) SPOUSES, CHILDREN, UNMARRIED SONS AND DAUGHTERS OF LAWFUL PERMANENT RESIDENT ALIENS. --
(1) IN GENERAL. -- Any spouse, child, or unmarried son or daughter of an alien described in paragraph (3) who is included in a petition for classification as a family-sponsored immigrant under section 203(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1153(a)(2)) that was filed by such alien before September 11, 2001, shall be considered (if the spouse, child, son,, or daughter has not been admitted or approved for lawful permanent residence by such date) a valid petitioner for preference status under such section with the same priority date as that assigned prior to the death described in paragraph (3)(A). No new petition shall be required to be filed. Such spouse, child, son, or daughter may be eligible for deferred action and work authorization.
(2) SELF-PETITIONS. -- Any spouse, child, or unmarried son or daughter of an alien described in paragraph (3) who is not a beneficiary of a petition for classification as a family-sponsored immigrant under section 203(a)(2) of the Immigration and Nationality Act may file a petition for such classification with the Attorney General, if the spouse, child, son, or daughter was present in the United States on September 11, 2001. Such spouse, child, son, or daughter may be eligible for deferred action and work authorization.
(3) ALIENS DESCRIBED. -- An alien is described in this paragraph if the alien --
(A) died as a direct result of a specified terrorist activity; and
(B) on the day of such death, was lawfully admitted for permanent residence in the United States.
(c) APPLICATIONS FOR ADJUSTMENT OF STATUS BY SURVIVING SPOUSES AND CHILDREN OF EMPLOYMENT-BASED IMMIGRANTS. --
(1) IN GENERAL. -- Any alien who was, on September 10, 2001, the spouse or child of an alien described in paragraph (2), and who applied for adjustment of status prior to the death described in paragraph (2)(A), may have such application adjudicated as if such death had not occurred.
(2) ALIENS DESCRIBED. -- An alien is described in this paragraph if the alien --
(A) died as a direct result of a specified terrorist activity; and
(B) on the day before such death, was --
(i) an alien lawfully admitted for permanent residence in the United States by reason of having been allotted a visa under section 203(b) of the Immigration and Nationality Act (8 U.S.C. 1153(b)); or
(ii) an applicant for adjustment of status to that of an alien described in clause (1), and admissible to the United States for permanent residence.
(d) WAIVER OF PUBLIC CHARGE GROUNDS. -- In determining the admissibility of any alien accorded an immigration benefit under this section, the grounds for inadmissibility specified in section 212(a)(4) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(4)) shall not apply.
SEC. 214. "AGE-OUT" PROTECTION FOR CHILDREN.
For purposes of the administration of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), in the case of an alien --
(1) whose 21st birthday occurs in September 2001, and who is the beneficiary of a petition or application filed under such Act on or before September 11, 2001, the alien shall be considered to be a child for 90 days after the alien's 21st birthday for purposes of adjudicating such petition or application; and
(2) whose 21st birthday occurs after September 2001, and who is the beneficiary of a petition or application filed under such Act on or before September 11, 2001, the alien shall be considered to be a child for 45 days after the alien's 21st birthday for purposes of adjudicating such petition or application.
SEC. 215. TEMPORARY ADMINISTRATIVE RELIEF.
The Attorney General, for humanitarian purposes or to ensure family unity, may provide temporary administrative relief to any alien who --
(1) was lawfully present in the United States on September 10,2001;
(2) was on such date the spouse, parent, or child of an individual who died or was disabled as a direct result of a specified terrorist activity; and
(3) is not otherwise entitled to relief under any other provision of this subtitle.
SEC. 216. EVIDENCE OF DEATH, DISABILITY, OR LOSS OF EMPLOYMENT.
(a) IN GENERAL. -- The Attorney General shall establish appropriate standards for evidence demonstrating, for purposes of this subtitle, that any of the following occurred as a direct result of a specified terrorist activity:
(1) Death.
(2) Disability.
(3) Loss of employment due to physical damage to, or destruction of, a business.
(b) WAIVER OF REGULATIONS. -- The Attorney General shall carry out subsection (a) as expeditiously as possible. The Attorney General is not required to promulgate regulations prior to implementing this subtitle.
SEC. 217. NO BENEFITS TO TERRORISTS OR FAMILY MEMBERS OF TERRORISTS.
Notwithstanding any other provision of this subtitle,nothing in this subtitle shall be construed to provide any benefit or relief to --
(1) any individual culpable for a specified terrorist activity; or
(2) any family member of any individual described in paragraph (1).
SEC. 218. DEFINITIONS.
(a) APPLICATION OF IMMIGRATION AND NATIONALITY ACT PROVISIONS. -- Except as otherwise specifically provided in this subtitle, the definitions used in the Immigration and Nationality Act (excluding the definitions applicable exclusively to title III of such Act) shall apply in the administration of this subtitle.
(b) SPECIFIED TERRORIST ACTIVITY. -- For purposes of this subtitle, the term "specified terrorist activity" means any terrorist activity conducted against the Government or the people of the United States on September 11, 2001.
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TITLE III -- CRIMINAL JUSTICE 18
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Subtitle A -- Substantive Criminal Law
SEC. 301. STATUTE OF LIMITATION FOR PROSECUTING TERRORISM OFFENSES.
(a) IN GENERAL. -- -- Section 3286 of title 18, United States Code, is amended to read as follows:
"§ 3286. Terrorism offenses
"(a) An indictment may be found or an information instituted at any time without limitation for any Federal terrorism offense or any of the following offenses:
"(1) A violation of, or an attempt or conspiracy to violate, section 32 (relating to destruction of aircraft or aircraft facilities), 37(a)(1) (relating to violence at international airports), 175 (relating to biological weapons), 229 (relating to chemical weapons), 351(a)-(d) (relating to congressional, cabinet, and Supreme Court assassination and kidnaping), 792 (relating to harboring terrorists), 831 (relating to nuclear materials), 844(f) or (i) when it relates to bombing (relating to arson and bombing of certain property), 1114(1) (relating to protection of officers and employees of the United States), 1116, if the offense involves murder (relating to murder or manslaughter of foreign officials, official guests, or internationally protected persons), 1203 (relating to hostage taking), 1751(a)-(d) (relating to Presidential and Presidential staff assassination and kidnaping), 2332(a)(1) (relating to certain homicides and other violence against United States nationals occurring outside of the United States), 2332a (relating to use of weapons of mass destruction), 2332b (relating to acts of terrorism transcending national boundaries) of this title.
"(2) Section 236 (relating to sabotage of nuclear facilities or fuel) of the Atomic Energy Act of 1954 (42 U.S.C. 2284);
"(3) Section 601 (relating to disclosure of identities of covert agents) of the National Security Act of 1947 (50 U.S.C. 421).
"(4) Section 46502 (relating to aircraft piracy) of title 49.
"(b) An indictment may be found or an information instituted within 15 years after the offense was committed for all of the following offenses:
"(1) Section 175b (relating to biological weapons), 842(m) or (n) (relating to plastic explosives), 930(c) if it involves murder (relating to possessing a dangerous weapon in a Federal facility), 956 (relating to conspiracy to injure property of a foreign government), 1030(a)(1), 1030(a)(5)(A), or 1030(a)(7) (relating to protection of computers), 1362 (relating to destruction of communication lines, stations, or systems), 1366 (relating to destruction of an energy facility), 1992 (relating to trainwrecking), 2152 (relating to injury of fortifications, harbor defenses, or defensive sea areas), 2155 (relating to destruction of national defense materials, premises, or utilities), 2156 (relating to production of defective national defense materials, premises, or utilities), 2280 (relating to violence against maritime navigation), 2281 (relating to violence against maritime fixed platforms), 2339A (relating to providing material support to terrorists), 2339B (relating to providing material support to terrorist organizations), or 2340A (relating to torture).
"(2) Any of the following provisions of title 49: the second sentence of section 46504 (relating to assault on a flight crew with a dangerous weapon), section 46505(b)(3), (relating to explosive or incendiary devices, or endangerment of human life by means of weapons, on aircraft), section 46506 if homicide or attempted homicide is involved, or section 60123(b) (relating to destruction of interstate gas or hazardous liquid pipeline facility) of title 49.
(b) CLERICAL AMENDMENT. -- The table of sections at the beginning of chapter 213 of title 18, United States Code, is amended by amending the item relating to section 3286 to read as follows:
"3286. Terrorism offenses.".
(c) APPLICATION. -- -- The amendments made by this section shall apply to the prosecution of any offense committed before, on, or after the date of enactment of this section.
SEC. 302. ALTERNATIVE MAXIMUM PENALTIES FOR TERRORISM CRIMES.
Section 3559 of title 18, United States Code, is amended by adding after subsection (d) the following:
"(e) AUTHORIZED TERMS OF IMPRISONMENT FOR TERRORISM CRIMES. -- A person convicted of any Federal terrorism offense may be sentenced to imprisonment for any term of years or for life, notwithstanding any maximum term of imprisonment specified in the law describing the offense. The authorization of imprisonment under this subsection is supplementary to, and does not limit, the availability of any other penalty authorized by the law describing the offense, including the death penalty, and does not limit the applicability of any mandatory minimum-term of imprisonment, including any mandatory life term, provided by the law describing the offense."
SEC. 303. PENALTIES FOR TERRORIST CONSPIRACIES.
Chapter 113B of title 18, United States Code, is amended --
(1) by inserting after section 2332b the following:
"§ 2332c. Attempts and conspiracies
"(a) Except as provided in subsection (c), any person who attempts or conspires to commit any Federal terrorism offense shall be subject to the same penalties as those prescribed for the offense, the commission of which was the object of the attempt or conspiracy.
"(b) Except as provided in subsection (c), any person who attempts or conspires to commit any offense described in section 25(2) shall be subject to the same penalties as those prescribed for the offense, the commission of which was the object of the attempt or conspiracy.
"(c) A death penalty may not be imposed by operation of this section."; and
(2) in the table of sections at the beginning of the chapter, by inserting after the item relating to section 2332b the following new item:
"2332c. Attempts and conspiracies.".
SEC. 304. TERRORISM CRIMES AS RICO PREDICATES.
Section 1961(1) of title 18, United States Code, is amended --
(1) by striking "or (F)" and inserting "(F)"; and
(2) by striking "financial gain;" and inserting "financial gain, or (G) any act that is a Federal terrorism offense or is indictable under any of the following provisions of law: section 32 (relating to destruction of aircraft or aircraft facilities), 37(a)(1) (relating to violence at international airports), 175 (relating to biological weapons), 229 (relating to chemical weapons), 351(a)-(d) (relating to congressional cabinet, and Supreme Court assassination and kidnapping, 831 (relating to nuclear materials), 842(m) or (n) (relating to plastic explosives), 844(f) or (i) when it involves a bombing (relating to arson and bombing of certain property), 930(c) when it involves an attack on a Federal facility, when it involves murder (relating to protection of officers and employees of the United States), 1116 when it involves murder (relating to murder or manslaughter of foreign officials, official guests, or internationally protected persons), 1203 (relating to hostage taking), 1362 (relating to destruction of communication lines, stations, or systems), 1366 (relating to destruction of an energy facility), 1751(a)-(d) (relating to Presidential and Presidential staff assassination and kidnapping), 1992 (relating to trainwrecking), 2280 (relating to violence against maritime navigation), 2281 (relating to violence against maritime fixed platforms), 2332a (relating to use of weapons of mass destruction), 2332b (relating to acts of terrorism transcending national boundaries), 2339A (relating to providing material support to terrorists), 2339B (relating to providing material support to terrorist organizations), or 2340A (relating to torture) of this title; section 236 (relating to sabotage of nuclear facilities or fuel) of the Atomic Energy Act of 1954 (42 U.S.C. 2284); or section 46502 (relating to aircraft piracy) or 60123(b) (relating to destruction of interstate gas or hazardous liquid pipeline facility) of title 49.".
SEC. 305. BIOLOGICAL WEAPONS.
Chapter 10 of title 18, United States Code, is amended --
(1) in section 175 --
(A) in subsection (b) --
(i) by striking, "section, the" and inserting "section -- (1) the" ;
(ii) by striking "does not include" and inserting "includes";
(iii) by inserting "other than" after "system for"; and
(iv) by striking "purposes." and inserting "purposes, and
"(2) the terms biological agent and toxin do not encompass any biological agent or toxin that is in its naturally-occurring environment, if the biological agent or toxin has not been cultivated, collected, or otherwise extracted from its natural source.";
(B) by redesignating subsection (b) as subsection (c); and
(C) by inserting after subsection (a) the following:
"(b) ADDITIONAL OFFENSE. -- Whoever knowingly possesses any biological agent, toxin, or delivery system of a type or in a quantity that, under the circumstances, is not reasonably justified by a prophylactic, protective,or other peaceful purpose, shall be fined under this title,imprisoned not more than 10 years, or both.";
(2) by inserting after section 175a the following:
§175b. Possession by restricted persons
"(a) No restricted person described in subsection (b) shall ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any biological agent or toxin, or receive any biological agent or toxin that has been shipped or transported in interstate or foreign commerce, if the biological agent or toxin is listed as a select agent in subsection of section 72.6 of title 42 Code of Federal Regulations, pursuant to section 511(d)(1) of the Antiterrorism and Effective Death Penalty Act of 1996 (Public Law 104-132), and is not exempted under subsection (h) of such section 72.6, or Appendix A of part 72 of such title; except that the term select agent does not include any such biological agent or toxin that is in its naturally-occurring environment, if the biological agent or toxin has not been cultivated, collected, or otherwise extracted from its natural source.
"(b) As used in this section, the term 'restricted person' means an individual who --
"(1) is under indictment for a crime punishable by imprisonment for a term exceeding 1 year;
"(2) has been convicted in any court of a crime punishable by imprisonment for a term exceeding 1 year;
"(3) is a fugitive from justice;
"(4) is an unlawful user of any controlled substance (as defined in section 102 of the Controlled Substances Act (U.S.C. 802));
"(5) is an alien illegally or unlawfully in the United States;
"(6) has been adjudicated as a mental defective or has been committed to any mental institution, or
"(7) is an alien (other than an alien lawfully admitted for permanent residence) who is a national of a country as to which the Secretary of State, pursuant to section 6(j) of the Export Administration Act of 1979 (50 U.S.C. App. 24050)), section 620A of chapter 1 of part M of the Foreign Assistance Act of 1961 (U.S.C. 2371), or section 40(d) of chapter 3 of the Arms Export Control Act (U.S.C. 2780(d)), has made a determination that remains in effect that such country has repeatedly provided support for acts of international terrorism.
"(c) As used in this section, the term 'alien' has the same meaning as that term is given in section 1010(a)(3)of the Immigration and Nationality Act (8 U.S.C.1101(a)(3)), and the term 'lawfully' admitted for permanent residence has the same meaning as that term is given in section 101(a)(20) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(20)).
"(d) Whoever knowingly violates this section shall be fined under this title or imprisoned not more than ten years, or both, but the prohibition contained in this section shall not apply with respect to any duly authorized governmental activity under title V of the National Security Act of 1947."; and
(3) in the table of sections in the beginning of such chapter, by inserting after the item relating to section 175a the following:
"175b. Possession by restricted persons."
SEC. 306. SUPPORT OF TERRORISM THROUGH EXPERT ADVICE OR ASSISTANCE.
Section 2339A of' title 18, United States Code, is amended --
(1) in subsection (a) --
(A) by striking "a violation" and all that follows through "49" and inserting "any Federal terrorism offense or any offense described in section 25(2)"; and
(B) by striking "violation," and inserting "offense, "; and
(2) in subsection by inserting "expert advice or assistance," after "training,".
SEC. 307. PROHIBITION AGAINST HARBORING.
Title 18, United States Code, is amended by adding the following new section:
"§791. Prohibition against harboring
"Whoever harbors or conceals any person who he knows has committed, or is about to commit, an offense described in section 25(2) or this title shall be fined under this title or imprisoned not more than ten years or both. There is extraterritorial Federal jurisdiction over any violation of this section or any conspiracy or attempt to violate this section. A violation of this section or of such a conspiracy or attempt may be prosecuted in any Federal judicial district in which the underlying offense was committed, or in any other Federal judicial district as provided by law.".
SEC. 308. POST-RELEASE, SUPERVISION OF TERRORISTS.
Section 3583 of title 187 United States Code, is amended by adding at the end the following:
"(j) SUPERVISED RELEASE TERMS FOR TERRORISM OFFENSES. -- Notwithstanding subsection (b), the authorized terms of supervised release for any Federal terrorism offense are any term of years or life.".
SEC. 309. DEFINITION.
(a) Chapter 1 of title 18, United States Code, is amended --
(1) by adding after section a new section as follows:
"§25. Federal terrorism offense defined
"As used in this title, the term 'Federal terrorism offense' means an offense that is --
"(1) is calculated to influence or affect the conduct of government by intimidation or coercion; or to retaliate against government conduct; and
"(2) is a violation of, or an attempt or conspiracy to violate section 32 (relating to destruction of aircraft or aircraft facilities), 37 (relating to violence at international airports), 81 (relating to arson within special maritime and territorial jurisdiction), 175, 175b (relating to biological weapons), 229 (relating to chemical weapons), 351(a)-(d) (relating to congressional, and Supreme Court assassination and kidnaping), 792 (relating to harboring terrorists), 831 (relating to nuclear materials), 842(m) or (n) (relating to plastic explosives), 844(f) or (i) (relating to arson and bombing of certain property), 930(c), 956 (relating to conspiracy to injure property of a foreign government), 1030(a)(1), to 1030(a)(5)(A), or 1030(a)(7) (relating to protection of computers), 1114 (relating to protection of officers and employees of the United States), 1116 (relating to murder or manslaughter of foreign officials, official guests, or internationally protected persons), 1203 (relating to hostage taking), 1361 (relating to injury of Government property or contracts), 1362 (relating to destruction of communication lines, stations, or systems), 1363 (relating to injury to buildings or property within special maritime and territorial jurisdiction of the United States), 1366 (relating to destruction of an energy facility), 1751(a)-(d) (relating to Presidential and Presidential staff assassination and kidnaping), 1992, 2152 (relating to injury of fortifications, harbor defenses, or defensive sea areas), 2155 (relating to destruction of national defense materials, premises, or utilities), 2156 (relating to production of defective national defense materials, premises, or utilities), 2280 (relating to violence against Maritime navigation), 2281 (relating to violence against maritime fixed platforms), 2332 (relating to certain homicides and other violence against United States nationals occurring outside of the United States), 2332a (relating to use of weapons of mass destruction), 2332b (relating to acts of terrorism transcending national boundaries), 2339A(relating to providing material support to terrorists), 2339B (relating to providing material support to terrorist organizations), or 2340A (relating to torture);
"(3) section 236 (relating to sabotage of nuclear facilities or fuel) of the Atomic Energy Act of 1954 (42 U.S.C. 22S4);
"(4) section 601 (relating to disclosure of identities of covert agents) of the National Security Act of 1947 (50 U.S.C. 421); or
"(5) any of the following provisions of title 49: section 46502 (relating to aircraft piracy), the second sentence of section 46504 (relating to assault on a flight crew with a dangerous weapon), section 46505(b)(3), (relating to explosive or incendiary devices, or endangerment of human life by means of weapons, on aircraft), section 46506 if homicide or attempted homicide is involved, or section 60123(b) destruction of interstate gas or hazardous liquid pipeline facility) of title 49.";
(2) in the table of sections in the beginning of such chapter, by inserting after the item relating to section the following:
"25. Federal terrorism offense defined.".
(b) Section 233219(g)(5)(B) of title 18, United States Code, is amended by striking "is a violation" and all that follows through "title 49" and inserting "is a Federal terrorism offense".
(c) Section 2331 of title 18, United States Code, is amended --
(1) in paragraph (1)(B) --
(A) by inserting "(or to have the effect)" after "intended"; and
(B) in clause (iii), by striking "by assassination or kidnapping" and inserting "(or any function thereof) by mass destruction, assassination, or kidnapping (or threat thereof)";
(2) in paragraph (3), by striking "and";
(3) in paragraph (4), by striking the period and inserting "; and" i and
(4) by inserting the following paragraph (4):
"(5) The term 'domestic terrorism' means activities that --
"(A) involve acts dangerous to human life that are a violation of the criminal laws of the United States or of any State; and
"(B) appear to be intended (or to have the effect) --
"(i) to intimidate or coerce a civilian population;
"(ii) to influence the policy of a government by intimidation or coercion; or
"(iii) to affect the conduct of a government (or any function thereof) by mass destruction, assassination, or kidnapping (or threat thereof).".
SEC. 310. CIVIL DAMAGES.
Section 2707(c) of title 18, United States Code, is 18 amended by striking "$1,000" and inserting "$10,000".
Subtitle B -- Criminal Procedure
SEC. 351. SINGLE- JURISDICTION SEARCH WARRANTS FOR TERRORISM.
Rule 41(a) of the Federal Rules of Criminal Procedure is amended by inserting after "executed" the following: "and (3) in an investigation of domestic terrorism or international terrorism (as defined in section 2331 of title 18, United States Code), by a Federal magistrate judge in any district in which activities related to the terrorism may have occurred, for a search of property or for a person within or outside the district".
[Sec. 352. not used.]
SEC. 353. DNA IDENTIFICATION OF TERRORISTS.
Section 3(d)(1) of the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135a(d)(1)) is amended --
(1) by redesignating subparagraph (G) as subparagraph (H); and
(2) by inserting after subparagraph (F) a new subparagraph as follows:
"(G) Any Federal terrorism offense (as defined in section of title 18, United States Code).".
SEC. 354. GRAND JURY MATTERS.
Rule 6(e)(3)(C) of the Federal Rules of Criminal Procedure is amended --
(1) adding at the end the following:
"(v) when permitted by a court at the request of an attorney for the government, upon a showing that the matters pertain to international or domestic terrorism (as defined in section 2331 of title 18, United States Code) or national security, to any Federal law enforcement, intelligence, national security, national defense, protective, immigration personnel, or to the President or Vice President of the United States, for the performance of official duties.";
(2) by striking "or" at the end of subdivision (iii); and
(3) by striking the period at the end of subdivision (iv) and inserting "; or".
SEC. 355. EXTRATERRITORIALITY.
Chapter 113B of title 1S, United States Code, is amended --
(1) in the heading for section 2338, by striking "Exclusive";
(2) in section 2338, by inserting "There is extraterritorial Federal jurisdiction over any Federal terrorism offense and any offense under this chapter, in addition to any extraterritorial jurisdiction that may exist under the law defining the offense, if the person committing the offense or the victim of the offense is a national of the United States (as defined in section 101 of the Immigration and Nationality Act) or if the offense is directed at the security or interests of the United States." before "The district courts"; and
(3) in the table of sections at the beginning of such chapter, by striking "Exclusive" in the item relating to section 2338.
SEC. 356. JURISDICTION OVER CRIMES COMMITTED AT UNITED STATES FACILITIES ABROAD.
Section 7 of title 18, United States Code, is amended by adding at the end the following:
"(9) With respect to offenses committed by or against a United States national, as defined in section 1203(c) of this title --
"(A) the premises of United States diplomatic, consular, military, or other United States Government missions or entities in foreign states, including the buildings, parts of buildings, and the land appurtenant or ancillary thereto, irrespective of ownership, used for purposes of those missions or entities; and
"(B) residences in foreign states and the land appurtenant or ancillary thereto, irrespective of ownership, used for purposes of those missions or entities or used by United States personnel assigned to those missions or entities, except that this paragraph does not supercede any treaty or international agreement in force on the date of the enactment of this paragraph.
SEC. 357. SPECIAL AGENT AUTHORITIES.
(a) GENERAL AuTHORITY OF SPECIAL AGENTS. -- Section 37(a) of the State Department Basic Authorities Act of 1956 (U.S.C. 2709(a)) is amended --
(1) by striking paragraph (2) and inserting the following:
"(2) in the course of performing the functions set forth in paragraphs (1) and (3), obtain and execute search and arrest warrants, as well as obtain and serve subpoenas and summonses, issued under the authority of the United States;";
(2) in paragraph (3)(F) by inserting "or President-elect" after "President"; and
(3) by striking paragraph (5) and inserting the following:
"(5) in the course of performing the functions set forth in paragraphs (1) and (3), make arrests without warrant for any offense against the United States committed in the presence of the special agent, or for any felony cognizable under the laws of the United States if the special agent has reasonable grounds to believe that the person to be arrested has committed or is committing such felony.".
(b) CRIMES. -- Section 37 of such Act (U.S.C. 2709) is amended by inserting after subsection (c) the following new subsections --
"(d) INTERFERENCE WITH AGENTS. -- Whoever knowingly and willfully obstructs, resists, or interferes with a Federal law enforcement agent engaged in the performance of the protective functions authorized by this section shall be fined under title 18 or imprisoned not more than one year, or both.
"(e) PERSONS -- UNDER PROTECTION OF SPECIAL AGENTS. -- Whoever engages in any conduct --
"(1) directed against an individual entitled to protection under this section, and
"(2) which would constitute a violation of section 112 or 878 of title 18, United States Code, if such individual were a foreign official, an official guest, or an internationally protected person, shall be subject to the same penalties as are provided for such conduct directed against an individual subject to protection under such section of title 18.".
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TITLE IV -- FINANCIAL INFRASTRUCTURE
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SEC. 401. LAUNDERING THE PROCEEDS OF TERRORISM.
Section 1956(c)(7)(D) of title 18, United States Code, is amended by inserting "or 2339B"after "2339A".
SEC. 402. MATERIAL SUPPORT FOR TERRORISM.
Section 2339A of title 18, United States Code, is amended --
(1) in subsection (a), by adding at the end the following "A violation of this section may be prosecuted in a Federal judicial district in which the underlying offense was committed, or in any other Federal judicial district as provided by law."; and
(2) in subsection (b), by striking "or other financial securities" and inserting "or monetary instruments or financial securities".
SEC. 403. ASSETS OF TERRORIST ORGANIZATIONS.
Section 981(a)(1) of title 18, United States Code, is amended by inserting after subparagraph (F) the following:
"(G) All assets, foreign or domestic --
"(i) of any person, entity, or organization engaged in planning or perpetrating any act of domestic terrorism or international terrorism (as defined in section 2331) against the United States, citizens or residents of the United States, or their property, and all assets, foreign or domestic, affording any person a source of influence over any such entity or organization;
"(ii) acquired or maintained by any person for the purpose of supporting, planning, conducting, or concealing an act of domestic terrorism or international terrorism (as defined in section 2331) against the United States, citizens or residents of the United States, or their property; or
"(iii) derived from, involved in, or used or intended to be used to comm t a act of domestic terrorism or international terrorism (as defined in section 2331) against the United States citizens or residents of the United States, or their property.".
SEC. 404. TECHNICAL CLARIFICATION RELATING TO PROVISION OF MATERIAL SUPPORT TO TERRORISM.
No provision of title IX of Public Law 106-387 shall be understood to limit or otherwise affect section 2339A or 2339B of title 18, United States Code.
SEC. 405. DISCLOSURE OF TAX INFORMATION IN TERRORISM AND NATIONAL SECURITY INVESTIGATIONS.
(a) DISCLOSURE WITHOUT A REQUEST OF INFORMATION RELATING TO TERRORIST ACTIVITIES, ETC. -- Paragraph (3) of section 6103(i) of the Internal Revenue Code of 1986 (relating to disclosure of return information to apprise appropriate officials of criminal activities or emergency circumstances) is amended by adding at the end the following new subparagraph:
"(C) TERRORIST ACTIVITIES, ETC. --
"(i) IN GENERAL. -- Except as provided in paragraph (6), the Secretary may disclose in writing return information (other than taxpayer return information) that may be related to a terrorist incident, threat, or activity to the extent necessary to apprise the head of the appropriate Federal law enforcement agency responsible for investigating or responding to such terrorist incident threat or activity. The head of the agency may disclose such return information to officers and employees of such agency to the extent necessary to investigate or respond to such terrorist incident, threat, or activity.
"(ii) TAXPAYER IDENTITY. -- For purposes of this subparagraph, a taxpayer's identity shall not be treated as taxpayer return information.
"(iii) TERMINATION. -- No disclosure may be made under this subparagraph after December 31, 2003.
(b) DISCLOSURE UPON REQUEST OF INFORMATION RELATING TO TERRORIST ACTIVITIES, ETC. -- Subsection (i) of section 6103 of such Code (relating to disclosure to Federal officers or employees for administration of Federal laws not relating to tax administration) is amended by redesignating paragraph (7) as paragraph (8) and by inserting after paragraph (6) the following new paragraph:
"(7) DISCLOSURE UPON REQUEST OF INFORMATION RELATING TO TERRORIST ACTIVITIES, ETC. --
"(A) DISCLOSURE TO LAW ENFORCEMENT AGENCIES. --
"(i) IN GENERAL. -- Except as provided in paragraph (6), upon receipt by the Secretary of a written request which meets the requirements of clause (iii), the Secretary may disclose return information (other than taxpayer return information) to officers and employees of any Federal law enforcement agency who are personally and directly engaged in the response to or investigation of terrorist incidents, threats, or activities.
