SEC. 623. CRIME VICTIM ASSISTANCE. (a) Assistance for Victims in the District of Columbia, Puerto Rico, and Other Territories and Possessions.--Section 1404(a) of the Victims of Crime Act of 1984 (42 U.S.C. 10603(a)) is amended by adding at the end the following: ``(6) An agency of the Federal Government performing local law enforcement functions in and on behalf of the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, or any other territory or possession of the United States may qualify as an eligible crime victim assistance program for the purpose of grants under this subsection, or for the purpose of grants under subsection (c)(1).''. (b) Prohibition on Discrimination Against Certain Victims.--Section 1404(b)(1) of the Victims of Crime Act of 1984 (42 U.S.C. 10603(b)(1)) is amended-- (1) in subparagraph (D), by striking ``and'' at the end; (2) in subparagraph (E), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: [[Page H7188]] ``(F) does not discriminate against victims because they disagree with the way the State is prosecuting the criminal case.''. (c) Grants for Program Evaluation and Compliance Efforts.-- Section 1404(c)(1)(A) of the Victims of Crime Act of 1984 (42 U.S.C. 10603(c)(1)(A)) is amended by inserting ``, program evaluation, compliance efforts,'' after ``demonstration projects''. (d) Allocation of Discretionary Grants.--Section 1404(c)(2) of the Victims of Crime Act of 1984 (42 U.S.C. 10603(c)(2)) is amended-- (1) in subparagraph (A), by striking ``not more than'' and inserting ``not less than''; and (2) in subparagraph (B), by striking ``not less than'' and inserting ``not more than''. (e) Fellowships and Clinical Internships.--Section 1404(c)(3) of the Victims of Crime Act of 1984 (42 U.S.C. 10603(c)(3)) is amended-- (1) in subparagraph (C), by striking ``and'' at the end; (2) in subparagraph (D), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(E) use funds made available to the Director under this subsection-- ``(i) for fellowships and clinical internships; and ``(ii) to carry out programs of training and special workshops for the presentation and dissemination of information resulting from demonstrations, surveys, and special projects.''. SEC. 624. VICTIMS OF TERRORISM. (a) Compensation and Assistance to Victims of Domestic Terrorism.--Section 1404B(b) of the Victims of Crime Act of 1984 (42 U.S.C. 10603b(b)) is amended to read as follows: ``(b) Victims of Terrorism Within the United States.--The Director may make supplemental grants as provided in section 1402(d)(5) to States for eligible crime victim compensation and assistance programs, and to victim service organizations, public agencies (including Federal, State, or local governments) and nongovernmental organizations that provide assistance to victims of crime, which shall be used to provide emergency relief, including crisis response efforts, assistance, compensation, training and technical assistance, and ongoing assistance, including during any investigation or prosecution, to victims of terrorist acts or mass violence occurring within the United States.''. (b) Assistance to Victims of International Terrorism.-- Section 1404B(a)(1) of the Victims of Crime Act of 1984 (42 U.S.C. 10603b(a)(1)) is amended by striking ``who are not persons eligible for compensation under title VIII of the Omnibus Diplomatic Security and Antiterrorism Act of 1986''. (c) Compensation to Victims of International Terrorism.-- Section 1404C(b) of the Victims of Crime of 1984 (42 U.S.C. 10603c(b)) is amended by adding at the end the following: ``The amount of compensation awarded to a victim under this subsection shall be reduced by any amount that the victim received in connection with the same act of international terrorism under title VIII of the Omnibus Diplomatic Security and Antiterrorism Act of 1986.''. TITLE VII--INCREASED INFORMATION SHARING FOR CRITICAL INFRASTRUCTURE PROTECTION SEC. 701. EXPANSION OF REGIONAL INFORMATION SHARING SYSTEM TO FACILITATE FEDERAL-STATE-LOCAL LAW ENFORCEMENT RESPONSE RELATED TO TERRORIST ATTACKS. Section 1301 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796h) is amended-- (1) in subsection (a), by inserting ``and terrorist conspiracies and activities'' after ``activities''; (2) in subsection (b)-- (A) in paragraph (3), by striking ``and'' after the semicolon; (B) by redesignating paragraph (4) as paragraph (5); (C) by inserting after paragraph (3) the following: ``(4) establishing and operating secure information sharing systems to enhance the investigation and prosecution abilities of participating enforcement agencies in addressing multi-jurisdictional terrorist conspiracies and activities; and (5)''; and (3) by inserting at the end the following: ``(d) Authorization of Appropriation to the Bureau of Justice Assistance.--There are authorized to be appropriated to the Bureau of Justice Assistance to carry out this section $50,000,000 for fiscal year 2002 and $100,000,000 for fiscal year 2003.''. TITLE VIII--STRENGTHENING THE CRIMINAL LAWS AGAINST TERRORISM SEC. 801. TERRORIST ATTACKS AND OTHER ACTS OF VIOLENCE AGAINST MASS TRANSPORTATION SYSTEMS. Chapter 97 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 1993. Terrorist attacks and other acts of violence against mass transportation systems ``(a) General Prohibitions.--Whoever willfully-- ``(1) wrecks, derails, sets fire to, or disables a mass transportation vehicle or ferry; ``(2) places or causes to be placed any biological agent or toxin for use as a weapon, destructive substance, or destructive device in, upon, or near a mass transportation vehicle or ferry, without previously obtaining the permission of the mass transportation provider, and with intent to endanger the safety of any passenger or employee of the mass transportation provider, or with a reckless disregard for the safety of human life; ``(3) sets fire to, or places any biological agent or toxin for use as a weapon, destructive substance, or destructive device in, upon, or near any garage, terminal, structure, supply, or facility used in the operation of, or in support of the operation of, a mass transportation vehicle or ferry, without previously obtaining the permission of the mass transportation provider, and knowing or having reason to know such activity would likely derail, disable, or wreck a mass transportation vehicle or ferry used, operated, or employed by the mass transportation provider; ``(4) removes appurtenances from, damages, or otherwise impairs the operation of a mass transportation signal system, including a train control system, centralized dispatching system, or rail grade crossing warning signal without authorization from the mass transportation provider; ``(5) interferes with, disables, or incapacitates any dispatcher, driver, captain, or person while they are employed in dispatching, operating, or maintaining a mass transportation vehicle or ferry, with intent to endanger the safety of any passenger or employee of the mass transportation provider, or with a reckless disregard for the safety of human life; ``(6) commits an act, including the use of a dangerous weapon, with the intent to cause death or serious bodily injury to an employee or passenger of a mass transportation provider or any other person while any of the foregoing are on the property of a mass transportation provider; ``(7) conveys or causes to be conveyed false information, knowing the information to be false, concerning an attempt or alleged attempt being made or to be made, to do any act which would be a crime prohibited by this subsection; or ``(8) attempts, threatens, or conspires to do any of the aforesaid acts, shall be fined under this title or imprisoned not more than twenty years, or both, if such act is committed, or in the case of a threat or conspiracy such act would be committed, on, against, or affecting a mass transportation provider engaged in or affecting interstate or foreign commerce, or if in the course of committing such act, that person travels or communicates across a State line in order to commit such act, or transports materials across a State line in aid of the commission of such act. ``(b) Aggravated Offense.--Whoever commits an offense under subsection (a) in a circumstance in which-- ``(1) the mass transportation vehicle or ferry was carrying a passenger at the time of the offense; or ``(2) the offense has resulted in the death of any person, shall be guilty of an aggravated form of the offense and shall be fined under this title or imprisoned for a term of years or for life, or both. ``(c) Definitions.--In this section-- ``(1) the term `biological agent' has the meaning given to that term in section 178(1) of this title; ``(2) the term `dangerous weapon' has the meaning given to that term in section 930 of this title; ``(3) the term `destructive device' has the meaning given to that term in section 921(a)(4) of this title; ``(4) the term `destructive substance' has the meaning given to that term in section 31 of this title; ``(5) the term `mass transportation' has the meaning given to that term in section 5302(a)(7) of title 49, United States Code, except that the term shall include schoolbus, charter, and sightseeing transportation; ``(6) the term `serious bodily injury' has the meaning given to that term in section 1365 of this title; ``(7) the term `State' has the meaning given to that term in section 2266 of this title; and ``(8) the term `toxin' has the meaning given to that term in section 178(2) of this title.''. (f) Conforming Amendment.--The analysis of chapter 97 of title 18, United States Code, is amended by adding at the end: ``1993. Terrorist attacks and other acts of violence against mass transportation systems.''. SEC. 802. DEFINITION OF DOMESTIC TERRORISM. (a) Domestic Terrorism Defined.--Section 2331 of title 18, United States Code, is amended-- (1) in paragraph (1)(B)(iii), by striking ``by assassination or kidnapping'' and inserting ``by mass destruction, assassination, or kidnapping''; (2) in paragraph (3), by striking ``and''; (3) in paragraph (4), by striking the period at the end and inserting ``; and''; and (4) by adding at the end the following: ``(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; ``(B) appear to be intended-- ``(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 by mass destruction, assassination, or kidnapping; and [[Page H7189]] ``(C) occur primarily within the territorial jurisdiction of the United States.''. (b) Conforming Amendment.--Section 3077(1) of title 18, United States Code, is amended to read as follows: ``(1) `act of terrorism' means an act of domestic or international terrorism as defined in section 2331;''. SEC. 803. PROHIBITION AGAINST HARBORING TERRORISTS. (a) In General.--Chapter 113B of title 18, United States Code, is amended by adding after section 2338 the following new section: ``Sec. 2339. Harboring or concealing terrorists ``(a) Whoever harbors or conceals any person who he knows, or has reasonable grounds to believe, has committed, or is about to commit, an offense under section 32 (relating to destruction of aircraft or aircraft facilities), section 175 (relating to biological weapons), section 229 (relating to chemical weapons), section 831 (relating to nuclear materials), paragraph (2) or (3) of section 844(f) (relating to arson and bombing of government property risking or causing injury or death), section 1366(a) (relating to the destruction of an energy facility), section 2280 (relating to violence against maritime navigation), section 2332a (relating to weapons of mass destruction), or section 2332b (relating to acts of terrorism transcending national boundaries) of this title, section 236(a) (relating to sabotage of nuclear facilities or fuel) of the Atomic Energy Act of 1954 (42 U.S.C. 2284(a)), or section 46502 (relating to aircraft piracy) of title 49, shall be fined under this title or imprisoned not more than ten years, or both.''. ``(b) A violation of this section 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.''. (b) Technical Amendment.--The chapter analysis for chapter 113B of title 18, United States Code, is amended by inserting after the item for section 2338 the following: ``2339. Harboring or concealing terrorists.''. SEC. 804. JURISDICTION OVER CRIMES COMMITTED AT U.S. 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 national of the United States as that term is used in section 101 of the Immigration and Nationality Act-- ``(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 land appurtenant or ancillary thereto or used for purposes of those missions or entities, irrespective of ownership; 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. Nothing in this paragraph shall be deemed to supersede any treaty or international agreement with which this paragraph conflicts. This paragraph does not apply with respect to an offense committed by a person described in section 3261(a) of this title.''. SEC. 805. MATERIAL SUPPORT FOR TERRORISM. (a) In General.--Section 2339A of title 18, United States Code, is amended-- (1) in subsection (a)-- (A) by striking ``, within the United States,''; (B) by inserting ``229,'' after ``175,''; (C) by inserting ``1993,'' after ``1992,''; (D) by inserting ``, section 236 of the Atomic Energy Act of 1954 (42 U.S.C. 2284),'' after ``of this title''; (E) by inserting ``or 60123(b)'' after ``46502''; and (F) by inserting at the end the following: ``A violation of this section 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.''; and (2) in subsection (b)-- (A) by striking ``or other financial securities'' and inserting ``or monetary instruments or financial securities''; and (B) by inserting ``expert advice or assistance,'' after ``training,''. (b) Technical Amendment.--Section 1956(c)(7)(D) of title 18, United States Code, is amended by inserting ``or 2339B'' after ``2339A''. SEC. 806. ASSETS OF TERRORIST ORGANIZATIONS. Section 981(a)(1) of title 18, United States Code, is amended by inserting at the end the following: ``(G) All assets, foreign or domestic-- ``(i) of any individual, entity, or organization engaged in planning or perpetrating any act of domestic 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 with the intent and for the purpose of supporting, planning, conducting, or concealing an act of domestic 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 commit any act of domestic or international terrorism (as defined in section 2331) against the United States, citizens or residents of the United States, or their property.''. SEC. 807. TECHNICAL CLARIFICATION RELATING TO PROVISION OF MATERIAL SUPPORT TO TERRORISM. No provision of the Trade Sanctions Reform and Export Enhancement Act of 2000 (title IX of Public Law 106-387) shall be construed to limit or otherwise affect section 2339A or 2339B of title 18, United States Code. SEC. 808. DEFINITION OF FEDERAL CRIME OF TERRORISM. Section 2332b of title 18, United States Code, is amended-- (1) in subsection (f), by inserting ``and any violation of section 351(e), 844(e), 844(f)(1), 956(b), 1361, 1366(b), 1366(c), 1751(e), 2152, or 2156 of this title,'' before ``and the Secretary''; and (2) in subsection (g)(5)(B), by striking clauses (i) through (iii) and inserting the following: ``(i) 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 or 175b (relating to biological weapons), 229 (relating to chemical weapons), subsection (a), (b), (c), or (d) of section 351 (relating to congressional, cabinet, and Supreme Court assassination and kidnaping), 831 (relating to nuclear materials), 842(m) or (n) (relating to plastic explosives), 844(f)(2) or (3) (relating to arson and bombing of Government property risking or causing death), 844(i) (relating to arson and bombing of property used in interstate commerce), 930(c) (relating to killing or attempted killing during an attack on a Federal facility with a dangerous weapon), 956(a)(1) (relating to conspiracy to murder, kidnap, or maim persons abroad), 1030(a)(1) (relating to protection of computers), 1030(a)(5)(A)(i) resulting in damage as defined in 1030(a)(5)(B)(ii) through (v) (relating to protection of computers), 1114 (relating to killing or attempted killing 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), 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(a) (relating to destruction of an energy facility), 1751(a), (b), (c), or (d) (relating to Presidential and Presidential staff assassination and kidnaping), 1992 (relating to wrecking trains), 1993 (relating to terrorist attacks and other acts of violence against mass transportation systems), 2155 (relating to destruction of 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), 2339 (relating to harboring terrorists), 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; ``(ii) section 236 (relating to sabotage of nuclear facilities or fuel) of the Atomic Energy Act of 1954 (42 U.S.C. 2284); or ``(iii) 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) or (c) (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 (relating to application of certain criminal laws to acts on aircraft), or section 60123(b) (relating to destruction of interstate gas or hazardous liquid pipeline facility) of title 49.''. SEC. 809. NO STATUTE OF LIMITATION FOR CERTAIN TERRORISM OFFENSES. (a) In General.--Section 3286 of title 18, United States Code, is amended to read as follows: ``Sec. 3286. Extension of statute of limitation for certain terrorism offenses ``(a) Eight-Year Limitation.--Notwithstanding section 3282, no person shall be prosecuted, tried, or punished for any noncapital offense involving a violation of any provision listed in section 2332b(g)(5)(B), or a violation of section 112, 351(e), 1361, or 1751(e) of this title, or section 46504, 46505, or 46506 of title 49, unless the indictment is found or the information is instituted within 8 years after the offense was committed. Notwithstanding the preceding sentence, offenses listed in section 3295 are subject to the statute of limitations set forth in that section. ``(b) No Limitation.--Notwithstanding any other law, an indictment may be found or an information instituted at any time without limitation for any offense listed in section 2332b(g)(5)(B), if the commission of such offense resulted in, or created a forseeable risk of, death or serious bodily injury to another person.''. (b) Application.--The amendments made by this section shall apply to the prosecution of any offense committed before, on, or after the date of the enactment of this section. SEC. 810. ALTERNATE MAXIMUM PENALTIES FOR TERRORISM OFFENSES. (a) Arson.--Section 81 of title 18, United States Code, is amended in the second undesignated paragraph by striking ``not more [[Page H7190]] than twenty years'' and inserting ``for any term of years or for life''. (b) Destruction of an Energy Facility.--Section 1366 of title 18, United States Code, is amended-- (1) in subsection (a), by striking ``ten'' and inserting ``20''; and (2) by adding at the end the following: ``(d) Whoever is convicted of a violation of subsection (a) or (b) that has resulted in the death of any person shall be subject to imprisonment for any term of years or life.''. (c) Material Support to Terrorists.--Section 2339A(a) of title 18, United States Code, is amended-- (1) by striking ``10'' and inserting ``15''; and (2) by striking the period and inserting ``, and, if the death of any person results, shall be imprisoned for any term of years or for life.''. (d) Material Support to Designated Foreign Terrorist Organizations.--Section 2339B(a)(1) of title 18, United States Code, is amended-- (1) by striking ``10'' and inserting ``15''; and (2) by striking the period after ``or both'' and inserting ``, and, if the death of any person results, shall be imprisoned for any term of years or for life.''. (e) Destruction of National-Defense Materials.--Section 2155(a) of title 18, United States Code, is amended-- (1) by striking ``ten'' and inserting ``20''; and (2) by striking the period at the end and inserting ``, and, if death results to any person, shall be imprisoned for any term of years or for life.''. (f) Sabotage of Nuclear Facilities or Fuel.--Section 236 of the Atomic Energy Act of 1954 (42 U.S.C. 2284), is amended-- (1) by striking ``ten'' each place it appears and inserting ``20''; (2) in subsection (a), by striking the period at the end and inserting ``, and, if death results to any person, shall be imprisoned for any term of years or for life.''; and (3) in subsection (b), by striking the period at the end and inserting ``, and, if death results to any person, shall be imprisoned for any term of years or for life.''. (g) Special Aircraft Jurisdiction of the United States.-- Section 46505(c) of title 49, United States Code, is amended-- (1) by striking ``15'' and inserting ``20''; and (2) by striking the period at the end and inserting ``, and, if death results to any person, shall be imprisoned for any term of years or for life.''. (h) Damaging or Destroying an Interstate Gas or Hazardous Liquid Pipeline Facility.--Section 60123(b) of title 49, United States Code, is amended-- (1) by striking ``15'' and inserting ``20''; and (2) by striking the period at the end and inserting ``, and, if death results to any person, shall be imprisoned for any term of years or for life.''. SEC. 811. PENALTIES FOR TERRORIST CONSPIRACIES. (a) Arson.--Section 81 of title 18, United States Code, is amended in the first undesignated paragraph-- (1) by striking ``, or attempts to set fire to or burn''; and (2) by inserting ``or attempts or conspires to do such an act,'' before ``shall be imprisoned''. (b) Killings in Federal Facilities.--Section 930(c) of title 18, United States Code, is amended-- (1) by striking ``or attempts to kill''; (2) by inserting ``or attempts or conspires to do such an act,'' before ``shall be punished''; and (3) by striking ``and 1113'' and inserting ``1113, and 1117''. (c) Communications Lines, Stations, or Systems.--Section 1362 of title 18, United States Code, is amended in the first undesignated paragraph-- (1) by striking ``or attempts willfully or maliciously to injure or destroy''; and (2) by inserting ``or attempts or conspires to do such an act,'' before ``shall be fined''. (d) Buildings or Property Within Special Maritime and Territorial Jurisdiction.--Section 1363 of title 18, United States Code, is amended-- (1) by striking ``or attempts to destroy or injure''; and (2) by inserting ``or attempts or conspires to do such an act,'' before ``shall be fined'' the first place it appears. (e) Wrecking Trains.--Section 1992 of title 18, United States Code, is amended by adding at the end the following: ``(c) A person who conspires to commit any offense defined in this section shall be subject to the same penalties (other than the penalty of death) as the penalties prescribed for the offense, the commission of which was the object of the conspiracy.''. (f) Material Support to Terrorists.--Section 2339A of title 18, United States Code, is amended by inserting ``or attempts or conspires to do such an act,'' before ``shall be fined''. (g) Torture.--Section 2340A of title 18, United States Code, is amended by adding at the end the following: ``(c) Conspiracy.--A person who conspires to commit an offense under this section shall be subject to the same penalties (other than the penalty of death) as the penalties prescribed for the offense, the commission of which was the object of the conspiracy.''. (h) Sabotage of Nuclear Facilities or Fuel.--Section 236 of the Atomic Energy Act of 1954 (42 U.S.C. 2284), is amended-- (1) in subsection (a)-- (A) by striking ``, or who intentionally and willfully attempts to destroy or cause physical damage to''; (B) in paragraph (4), by striking the period at the end and inserting a comma; and (C) by inserting ``or attempts or conspires to do such an act,'' before ``shall be fined''; and (2) in subsection (b)-- (A) by striking ``or attempts to cause''; and (B) by inserting ``or attempts or conspires to do such an act,'' before ``shall be fined''. (i) Interference with Flight Crew Members and Attendants.-- Section 46504 of title 49, United States Code, is amended by inserting ``or attempts or conspires to do such an act,'' before ``shall be fined''. (j) Special Aircraft Jurisdiction of the United States.-- Section 46505 of title 49, United States Code, is amended by adding at the end the following: ``(e) Conspiracy.--If two or more persons conspire to violate subsection (b) or (c), and one or more of such persons do any act to effect the object of the conspiracy, each of the parties to such conspiracy shall be punished as provided in such subsection.''. (k) Damaging or Destroying an Interstate Gas or Hazardous Liquid Pipeline Facility.--Section 60123(b) of title 49, United States Code, is amended-- (1) by striking ``, or attempting to damage or destroy,''; and (2) by inserting ``, or attempting or conspiring to do such an act,'' before ``shall be fined''. SEC. 812. POST-RELEASE SUPERVISION OF TERRORISTS. Section 3583 of title 18, United States Code, is amended by adding at the end the following: ``(j) Supervised Release Terms for Terrorism Predicates.-- Notwithstanding subsection (b), the authorized term of supervised release for any offense listed in section 2332b(g)(5)(B), the commission of which resulted in, or created a foreseeable risk of, death or serious bodily injury to another person, is any term of years or life.''. SEC. 813. INCLUSION OF ACTS OF TERRORISM AS RACKETEERING ACTIVITY. Section 1961(1) of title 18, United States Code, is amended-- (1) by striking ``or (F)'' and inserting ``(F)''; and (2) by inserting before the semicolon at the end the following: ``, or (G) any act that is indictable under any provision listed in section 2332b(g)(5)(B)''. SEC. 814. DETERRENCE AND PREVENTION OF CYBERTERRORISM. (a) Clarification of Protection of Protected Computers.-- Section 1030(a)(5) of title 18, United States Code, is amended-- (1) by inserting ``(i)'' after ``(A)''; (2) by redesignating subparagraphs (B) and (C) as clauses (ii) and (iii), respectively; (3) by adding ``and'' at the end of clause (iii), as so redesignated; and (4) by adding at the end the following: ``(B) by conduct described in clause (i), (ii), or (iii) of subparagraph (A), caused (or, in the case of an attempted offense, would, if completed, have caused)-- ``(i) loss to 1 or more persons during any 1-year period (and, for purposes of an investigation, prosecution, or other proceeding brought by the United States only, loss resulting from a related course of conduct affecting 1 or more other protected computers) aggregating at least $5,000 in value; ``(ii) the modification or impairment, or potential modification or impairment, of the medical examination, diagnosis, treatment, or care of 1 or more individuals; ``(iii) physical injury to any person; ``(iv) a threat to public health or safety; or ``(v) damage affecting a computer system used by or for a government entity in furtherance of the administration of justice, national defense, or national security;''. (b) Protection From Extortion.--Section 1030(a)(7) of title 18, United States Code, is amended by striking ``, firm, association, educational institution, financial institution, government entity, or other legal entity,''. (c) Penalties.--Section 1030(c) of title 18, United States Code, is amended-- (1) in paragraph (2)-- (A) in subparagraph (A) -- (i) by inserting ``except as provided in subparagraph (B),'' before ``a fine''; (ii) by striking ``(a)(5)(C)'' and inserting ``(a)(5)(A)(iii)''; and (iii) by striking ``and' at the end; (B) in subparagraph (B), by inserting ``or an attempt to commit an offense punishable under this subparagraph,'' after ``subsection (a)(2),'' in the matter preceding clause (i); and (C) in subparagraph (C), by striking ``and'' at the end; (2) in paragraph (3)-- (A) by striking ``, (a)(5)(A), (a)(5)(B),'' both places it appears; and (B) by striking ``(a)(5)(C)'' and inserting ``(a)(5)(A)(iii)''; and (3) by adding at the end the following: ``(4)(A) a fine under this title, imprisonment for not more than 10 years, or both, in the case of an offense under subsection (a)(5)(A)(i), or an attempt to commit an offense punishable under that subsection; ``(B) a fine under this title, imprisonment for not more than 5 years, or both, in the case of an offense under subsection (a)(5)(A)(ii), or an attempt to commit an offense punishable under that subsection; ``(C) a fine under this title, imprisonment for not more than 20 years, or both, in the case of an offense under subsection [[Page H7191]] (a)(5)(A)(i) or (a)(5)(A)(ii), or an attempt to commit an offense punishable under either subsection, that occurs after a conviction for another offense under this section.''. (d) Definitions.--Section 1030(e) of title 18, United States Code is amended-- (1) in paragraph (2)(B), by inserting ``, including a computer located outside the United States that is used in a manner that affects interstate or foreign commerce or communication of the United States'' before the semicolon; (2) in paragraph (7), by striking ``and'' at the end; (3) by striking paragraph (8) and inserting the following: ``(8) the term `damage' means any impairment to the integrity or availability of data, a program, a system, or information;''; (4) in paragraph (9), by striking the period at the end and inserting a semicolon; and (5) by adding at the end the following: ``(10) the term `conviction' shall include a conviction under the law of any State for a crime punishable by imprisonment for more than 1 year, an element of which is unauthorized access, or exceeding authorized access, to a computer; ``(11) the term `loss' means any reasonable cost to any victim, including the cost of responding to an offense, conducting a damage assessment, and restoring the data, program, system, or information to its condition prior to the offense, and any revenue lost, cost incurred, or other consequential damages incurred because of interruption of service; and ``(12) the term `person' means any individual, firm, corporation, educational institution, financial institution, governmental entity, or legal or other entity.''. (e) Damages in Civil Actions.--Section 1030(g) of title 18, United States Code is amended-- (1) by striking the second sentence and inserting the following: ``A civil action for a violation of this section may be brought only if the conduct involves 1 of the factors set forth in clause (i), (ii), (iii), (iv), or (v) of subsection (a)(5)(B). Damages for a violation involving only conduct described in subsection (a)(5)(B)(i) are limited to economic damages.''; and (2) by adding at the end the following: ``No action may be brought under this subsection for the negligent design or manufacture of computer hardware, computer software, or firmware.''. (f) Amendment of Sentencing Guidelines Relating to Certain Computer Fraud and Abuse.--Pursuant to its authority under section 994(p) of title 28, United States Code, the United States Sentencing Commission shall amend the Federal sentencing guidelines to ensure that any individual convicted of a violation of section 1030 of title 18, United States Code, can be subjected to appropriate penalties, without regard to any mandatory minimum term of imprisonment. SEC. 815. ADDITIONAL DEFENSE TO CIVIL ACTIONS RELATING TO PRESERVING RECORDS IN RESPONSE TO GOVERNMENT REQUESTS. Section 2707(e)(1) of title 18, United States Code, is amended by inserting after ``or statutory authorization'' the following: ``(including a request of a governmental entity under section 2703(f) of this title)''. SEC. 816. DEVELOPMENT AND SUPPORT OF CYBERSECURITY FORENSIC CAPABILITIES. (a) In General.--The Attorney General shall establish such regional computer forensic laboratories as the Attorney General considers appropriate, and provide support to existing computer forensic laboratories, in order that all such computer forensic laboratories have the capability-- (1) to provide forensic examinations with respect to seized or intercepted computer evidence relating to criminal activity (including cyberterrorism); (2) to provide training and education for Federal, State, and local law enforcement personnel and prosecutors regarding investigations, forensic analyses, and prosecutions of computer-related crime (including cyberterrorism); (3) to assist Federal, State, and local law enforcement in enforcing Federal, State, and local criminal laws relating to computer-related crime; (4) to facilitate and promote the sharing of Federal law enforcement expertise and information about the investigation, analysis, and prosecution of computer-related crime with State and local law enforcement personnel and prosecutors, including the use of multijurisdictional task forces; and (5) to carry out such other activities as the Attorney General considers appropriate. (b) Authorization of Appropriations.-- (1) Authorization.--There is hereby authorized to be appropriated in each fiscal year $50,000,000 for purposes of carrying out this section. (2) Availability.--Amounts appropriated pursuant to the authorization of appropriations in paragraph (1) shall remain available until expended. SEC. 817. EXPANSION OF THE BIOLOGICAL WEAPONS STATUTE. Chapter 10 of title 18, United States Code, is amended-- (1) in section 175-- (A) in subsection (b)-- (i) by striking ``does not include'' and inserting ``includes''; (ii) by inserting ``other than'' after ``system for''; and (iii) by inserting ``bona fide research'' after ``protective''; (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, bona fide research, or other peaceful purpose, shall be fined under this title, imprisoned not more than 10 years, or both. In this subsection, 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.''; (2) by inserting after section 175a the following: ``SEC. 175B. POSSESSION BY RESTRICTED PERSONS. ``(a) No restricted person described in subsection (b) shall ship or transport interstate or foreign commerce, or possess in or affecting commerce, any biological agent or toxin, or receive any biological agent or toxin that has been shipped or transported in interstate or foreign commerce, if the biological agent or toxin is listed as a select agent in subsection (j) of section 72.6 of title 42, Code of Federal Regulations, pursuant to section 511(d)(l) 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 the Code of Regulations. ``(b) In this section: ``(1) 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. ``(2) The term `restricted person' means an individual who-- ``(A) is under indictment for a crime punishable by imprisonment for a term exceeding 1 year; ``(B) has been convicted in any court of a crime punishable by imprisonment for a term exceeding 1 year; ``(C) is a fugitive from justice; ``(D) is an unlawful user of any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)); ``(E) is an alien illegally or unlawfully in the United States; ``(F) has been adjudicated as a mental defective or has been committed to any mental institution; ``(G) 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. 2405(j)), section 620A of chapter 1 of part M of the Foreign Assistance Act of 1961 (22 U.S.C. 2371), or section 40(d) of chapter 3 of the Arms Export Control Act (22 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; or ``(H) has been discharged from the Armed Services of the United States under dishonorable conditions. ``(3) The term `alien' has the same meaning as in section 1010(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(3)). ``(4) The term `lawfully admitted for permanent residence' has the same meaning as in section 101(a)(20) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(20)). ``(c) Whoever knowingly violates this section shall be fined as provided in this title, imprisoned not more than 10 years, or both, but the prohibition contained in this section shall not apply with respect to any duly authorized United States governmental activity.''; and (3) in the chapter analysis, by inserting after the item relating to section 175a the following: ``175b. Possession by restricted persons.''. TITLE IX--IMPROVED INTELLIGENCE SEC. 901. RESPONSIBILITIES OF DIRECTOR OF CENTRAL INTELLIGENCE REGARDING FOREIGN INTELLIGENCE COLLECTED UNDER FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978. Section 103(c) of the National Security Act of 1947 (50 U.S.C. 403-3(c)) is amended-- (1) by redesignating paragraphs (6) and (7) as paragraphs (7) and (8), respectively; and (2) by inserting after paragraph (5) the following new paragraph (6): ``(6) establish requirements and priorities for foreign intelligence information to be collected under the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), and provide assistance to the Attorney General to ensure that information derived from electronic surveillance or physical searches under that Act is disseminated so it may be used efficiently and effectively for foreign intelligence purposes, except that the Director shall have no authority to direct, manage, or undertake electronic surveillance or physical search operations pursuant to that Act unless otherwise authorized by statute or executive order;''. SEC. 902. INCLUSION OF INTERNATIONAL TERRORIST ACTIVITIES WITHIN SCOPE OF FOREIGN INTELLIGENCE UNDER NATIONAL SECURITY ACT OF 1947. Section 3 of the National Security Act of 1947 (50 U.S.C. 401a) is amended-- (1) in paragraph (2), by inserting before the period the following: ``, or international terrorist activities''; and [[Page H7192]] (2) in paragraph (3), by striking ``and activities conducted'' and inserting ``, and activities conducted,''. SEC. 903. SENSE OF CONGRESS ON THE ESTABLISHMENT AND MAINTENANCE OF INTELLIGENCE RELATIONSHIPS TO ACQUIRE INFORMATION ON TERRORISTS AND TERRORIST ORGANIZATIONS. It is the sense of Congress that officers and employees of the intelligence community of the Federal Government, acting within the course of their official duties, should be encouraged, and should make every effort, to establish and maintain intelligence relationships with any person, entity, or group for the purpose of engaging in lawful intelligence activities, including the acquisition of information on the identity, location, finances, affiliations, capabilities, plans, or intentions of a terrorist or terrorist organization, or information on any other person, entity, or group (including a foreign government) engaged in harboring, comforting, financing, aiding, or assisting a terrorist or terrorist organization. SEC. 904. TEMPORARY AUTHORITY TO DEFER SUBMITTAL TO CONGRESS OF REPORTS ON INTELLIGENCE AND INTELLIGENCE- RELATED MATTERS. (a) Authority To Defer.--The Secretary of Defense, Attorney General, and Director of Central Intelligence each may, during the effective period of this section, defer the date of submittal to Congress of any covered intelligence report under the jurisdiction of such official until February 1, 2002. (b) Covered Intelligence Report.--Except as provided in subsection (c), for purposes of subsection (a), a covered intelligence report is as follows: (1) Any report on intelligence or intelligence-related activities of the United States Government that is required to be submitted to Congress by an element of the intelligence community during the effective period of this section. (2) Any report or other matter that is required to be submitted to the Select Committee on Intelligence of the Senate and Permanent Select Committee on Intelligence of the House of Representatives by the Department of Defense or the Department of Justice during the effective period of this section. (c) Exception for Certain Reports.--For purposes of subsection (a), any report required by section 502 or 503 of the National Security Act of 1947 (50 U.S.C. 413a, 413b) is not a covered intelligence report. (d) Notice to Congress.--Upon deferring the date of submittal to Congress of a covered intelligence report under subsection (a), the official deferring the date of submittal of the covered intelligence report shall submit to Congress notice of the deferral. Notice of deferral of a report shall specify the provision of law, if any, under which the report would otherwise be submitted to Congress. (e) Extension of Deferral.--(1) Each official specified in subsection (a) may defer the date of submittal to Congress of a covered intelligence report under the jurisdiction of such official to a date after February 1, 2002, if such official submits to the committees of Congress specified in subsection (b)(2) before February 1, 2002, a certification that preparation and submittal of the covered intelligence report on February 1, 2002, will impede the work of officers or employees who are engaged in counterterrorism activities. (2) A certification under paragraph (1) with respect to a covered intelligence report shall specify the date on which the covered intelligence report will be submitted to Congress. (f) Effective Period.--The effective period of this section is the period beginning on the date of the enactment of this Act and ending on February 1, 2002. (g) Element of the Intelligence Community Defined.--In this section, the term ``element of the intelligence community'' means any element of the intelligence community specified or designated under section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)). SEC. 905. DISCLOSURE TO DIRECTOR OF CENTRAL INTELLIGENCE OF FOREIGN INTELLIGENCE-RELATED INFORMATION WITH RESPECT TO CRIMINAL INVESTIGATIONS. (a) In General.--Title I of the National Security Act of 1947 (50 U.S.C. 402 et seq.) is amended-- (1) by redesignating subsection 105B as section 105C; and (2) by inserting after section 105A the following new section 105B: ``disclosure of foreign intelligence acquired in criminal investigations; notice of criminal investigations of foreign intelligence sources ``Sec. 105B. (a) Disclosure of Foreign Intelligence.--(1) Except as otherwise provided by law and subject to paragraph (2), the Attorney General, or the head of any other department or agency of the Federal Government with law enforcement responsibilities, shall expeditiously disclose to the Director of Central Intelligence, pursuant to guidelines developed by the Attorney General in consultation with the Director, foreign intelligence acquired by an element of the Department of Justice or an element of such department or agency, as the case may be, in the course of a criminal investigation. ``(2) The Attorney General by regulation and in consultation with the Director of Central Intelligence may provide for exceptions to the applicability of paragraph (1) for one or more classes of foreign intelligence, or foreign intelligence with respect to one or more targets or matters, if the Attorney General determines that disclosure of such foreign intelligence under that paragraph would jeopardize an ongoing law enforcement investigation or impair other significant law enforcement interests. ``(b) Procedures for Notice of Criminal Investigations.-- Not later than 180 days after the date of enactment of this section, the Attorney General, in consultation with the Director of Central Intelligence, shall develop guidelines to ensure that after receipt of a report from an element of the intelligence community of activity of a foreign intelligence source or potential foreign intelligence source that may warrant investigation as criminal activity, the Attorney General provides notice to the Director of Central Intelligence, within a reasonable period of time, of his intention to commence, or decline to commence, a criminal investigation of such activity. ``(c) Procedures.--The Attorney General shall develop procedures for the administration of this section, including the disclosure of foreign intelligence by elements of the Department of Justice, and elements of other departments and agencies of the Federal Government, under subsection (a) and the provision of notice with respect to criminal investigations under subsection (b).''. (b) Clerical Amendment.--The table of contents in the first section of that Act is amended by striking the item relating to section 105B and inserting the following new items: ``Sec. 105B. Disclosure of foreign intelligence acquired in criminal investigations; notice of criminal investigations of foreign intelligence sources. ``Sec. 105C. Protection of the operational files of the National Imagery and Mapping Agency.''. SEC. 906. FOREIGN TERRORIST ASSET TRACKING CENTER. (a) Report on Reconfiguration.--Not later than February 1, 2002, the Attorney General, the Director of Central Intelligence, and the Secretary of the Treasury shall jointly submit to Congress a report on the feasibility and desirability of reconfiguring the Foreign Terrorist Asset Tracking Center and the Office of Foreign Assets Control of the Department of the Treasury in order to establish a capability to provide for the effective and efficient analysis and dissemination of foreign intelligence relating to the financial capabilities and resources of international terrorist organizations. (b) Report Requirements.--(1) In preparing the report under subsection (a), the Attorney General, the Secretary, and the Director shall consider whether, and to what extent, the capacities and resources of the Financial Crimes Enforcement Center of the Department of the Treasury may be integrated into the capability contemplated by the report. (2) If the Attorney General, Secretary, and the Director determine that it is feasible and desirable to undertake the reconfiguration described in subsection (a) in order to establish the capability described in that subsection, the Attorney General, the Secretary, and the Director shall include with the report under that subsection a detailed proposal for legislation to achieve the reconfiguration. SEC. 907. NATIONAL VIRTUAL TRANSLATION CENTER. (a) Report on Establishment.--(1) Not later than February 1, 2002, the Director of Central Intelligence shall, in consultation with the Director of the Federal Bureau of Investigation, submit to the appropriate committees of Congress a report on the establishment and maintenance within the intelligence community of an element for purposes of providing timely and accurate translations of foreign intelligence for all other elements of the intelligence community. In the report, the element shall be referred to as the ``National Virtual Translation Center''. (2) The report on the element described in paragraph (1) shall discuss the use of state-of-the-art communications technology, the integration of existing translation capabilities in the intelligence community, and the utilization of remote-connection capacities so as to minimize the need for a central physical facility for the element. (b) Resources.--The report on the element required by subsection (a) shall address the following: (1) The assignment to the element of a staff of individuals possessing a broad range of linguistic and translation skills appropriate for the purposes of the element. (2) The provision to the element of communications capabilities and systems that are commensurate with the most current and sophisticated communications capabilities and systems available to other elements of intelligence community. (3) The assurance, to the maximum extent practicable, that the communications capabilities and systems provided to the element will be compatible with communications capabilities and systems utilized by the Federal Bureau of Investigation in securing timely and accurate translations of foreign language materials for law enforcement investigations. (4) The development of a communications infrastructure to ensure the efficient and secure use of the translation capabilities of the element. (c) Secure Communications.--The report shall include a discussion of the creation of secure electronic communications between [[Page H7193]] the element described by subsection (a) and the other elements of the intelligence community. (d) Definitions.--In this section: (1) Foreign intelligence.--The term ``foreign intelligence'' has the meaning given that term in section 3(2) of the National Security Act of 1947 (50 U.S.C. 401a(2)). (2) Element of the intelligence community.--The term ``element of the intelligence community'' means any element of the intelligence community specified or designated under section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)). SEC. 908. TRAINING OF GOVERNMENT OFFICIALS REGARDING IDENTIFICATION AND USE OF FOREIGN INTELLIGENCE. (a) Program Required.--The Attorney General shall, in consultation with the Director of Central Intelligence, carry out a program to provide appropriate training to officials described in subsection (b) in order to assist such officials in-- (1) identifying foreign intelligence information in the course of their duties; and (2) utilizing foreign intelligence information in the course of their duties, to the extent that the utilization of such information is appropriate for such duties. (b) Officials.--The officials provided training under subsection (a) are, at the discretion of the Attorney General and the Director, the following: (1) Officials of the Federal Government who are not ordinarily engaged in the collection, dissemination, and use of foreign intelligence in the performance of their duties. (2) Officials of State and local governments who encounter, or may encounter in the course of a terrorist event, foreign intelligence in the performance of their duties. (c) Authorization of Appropriations.--There is hereby authorized to be appropriated for the Department of Justice such sums as may be necessary for purposes of carrying out the program required by subsection (a). TITLE X--MISCELLANEOUS SEC. 1001. REVIEW OF THE DEPARTMENT OF JUSTICE. The Inspector General of the Department of Justice shall designate one official who shall-- (1) review information and receive complaints alleging abuses of civil rights and civil liberties by employees and officials of the Department of Justice; (2) make public through the Internet, radio, television, and newspaper advertisements information on the responsibilities and functions of, and how to contact, the official; and (3) submit to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate on a semi-annual basis a report on the implementation of this subsection and detailing any abuses described in paragraph (1), including a description of the use of funds appropriations used to carry out this subsection. SEC. 1002. SENSE OF CONGRESS. (a) Findings.--Congress finds that-- (1) all Americans are united in condemning, in the strongest possible terms, the terrorists who planned and carried out the attacks against the United States on September 11, 2001, and in pursuing all those responsible for those attacks and their sponsors until they are brought to justice; (2) Sikh-Americans form a vibrant, peaceful, and law- abiding part of America's people; (3) approximately 500,000 Sikhs reside in the United States and are a vital part of the Nation; (4) Sikh-Americans stand resolutely in support of the commitment of our Government to bring the terrorists and those that harbor them to justice; (5) the Sikh faith is a distinct religion with a distinct religious and ethnic identity that has its own places of worship and a distinct holy text and religious tenets; (6) many Sikh-Americans, who are easily recognizable by their turbans and beards, which are required articles of their faith, have suffered both verbal and physical assaults as a result of misguided anger toward Arab-Americans and Muslim-Americans in the wake of the September 11, 2001 terrorist attack; (7) Sikh-Americans, as do all Americans, condemn acts of prejudice against any American; and (8) Congress is seriously concerned by the number of crimes against Sikh-Americans and other Americans all across the Nation that have been reported in the wake of the tragic events that unfolded on September 11, 2001. (b) Sense of Congress.--Congress-- (1) declares that, in the quest to identify, locate, and bring to justice the perpetrators and sponsors of the terrorist attacks on the United States on September 11, 2001, the civil rights and civil liberties of all Americans, including Sikh-Americans, should be protected; (2) condemns bigotry and any acts of violence or discrimination against any Americans, including Sikh- Americans; (3) calls upon local and Federal law enforcement authorities to work to prevent crimes against all Americans, including Sikh-Americans; and (4) calls upon local and Federal law enforcement authorities to prosecute to the fullest extent of the law all those who commit crimes. SEC. 1003. DEFINITION OF ``ELECTRONIC SURVEILLANCE''. Section 101(f)(2) of the Foreign Intelligence Surveillance Act (50 U.S.C. 1801(f)(2)) is amended by adding at the end before the semicolon the following: ``, but does not include the acquisition of those communications of computer trespassers that would be permissible under section 2511(2)(i) of title 18, United States Code''. SEC. 1004. VENUE IN MONEY LAUNDERING CASES. Section 1956 of title 18, United States Code, is amended by adding at the end the following: ``(i) Venue.--(1) Except as provided in paragraph (2), a prosecution for an offense under this section or section 1957 may be brought in-- ``(A) any district in which the financial or monetary transaction is conducted; or ``(B) any district where a prosecution for the underlying specified unlawful activity could be brought, if the defendant participated in the transfer of the proceeds of the specified unlawful activity from that district to the district where the financial or monetary transaction is conducted. ``(2) A prosecution for an attempt or conspiracy offense under this section or section 1957 may be brought in the district where venue would lie for the completed offense under paragraph (1), or in any other district where an act in furtherance of the attempt or conspiracy took place. ``(3) For purposes of this section, a transfer of funds from 1 place to another, by wire or any other means, shall constitute a single, continuing transaction. Any person who conducts (as that term is defined in subsection (c)(2)) any portion of the transaction may be charged in any district in which the transaction takes place.''. SEC. 1005. FIRST RESPONDERS ASSISTANCE ACT. (a) Grant Authorization.--The Attorney General shall make grants described in subsections (b) and (c) to States and units of local government to improve the ability of State and local law enforcement, fire department and first responders to respond to and prevent acts of terrorism. (b) Terrorism Prevention Grants.--Terrorism prevention grants under this subsection may be used for programs, projects, and other activities to-- (1) hire additional law enforcement personnel dedicated to intelligence gathering and analysis functions, including the formation of full-time intelligence and analysis units; (2) purchase technology and equipment for intelligence gathering and analysis functions, including wire-tap, pen links, cameras, and computer hardware and software; (3) purchase equipment for responding to a critical incident, including protective equipment for patrol officers such as quick masks; (4) purchase equipment for managing a critical incident, such as communications equipment for improved interoperability among surrounding jurisdictions and mobile command posts for overall scene management; and (5) fund technical assistance programs that emphasize coordination among neighboring law enforcement agencies for sharing resources, and resources coordination among law enforcement agencies for combining intelligence gathering and analysis functions, and the development of policy, procedures, memorandums of understanding, and other best practices. (c) Antiterrorism Training Grants.--Antiterrorism training grants under this subsection may be used for programs, projects, and other activities to address-- (1) intelligence gathering and analysis techniques; (2) community engagement and outreach; (3) critical incident management for all forms of terrorist attack; (4) threat assessment capabilities; (5) conducting followup investigations; and (6) stabilizing a community after a terrorist incident. (d) Application.-- (1) In general.--Each eligible entity that desires to receive a grant under this section shall submit an application to the Attorney General, at such time, in such manner, and accompanied by such additional information as the Attorney General may reasonably require. (2) Contents.--Each application submitted pursuant to paragraph (1) shall-- (A) describe the activities for which assistance under this section is sought; and (B) provide such additional assurances as the Attorney General determines to be essential to ensure compliance with the requirements of this section. (e) Minimum Amount.--If all applications submitted by a State or units of local government within that State have not been funded under this section in any fiscal year, that State, if it qualifies, and the units of local government within that State, shall receive in that fiscal year not less than 0.5 percent of the total amount appropriated in that fiscal year for grants under this section. (f) Authorization of Appropriations.--There are authorized to be appropriated $25,000,000 for each of the fiscal years 2003 through 2007. SEC. 1006. 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 [[Page H7194]] engaged, is engaging, or seeks to enter the United States to engage, in an offense which is described in section 1956 or 1957 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. 1007. AUTHORIZATION OF FUNDS FOR DEA POLICE TRAINING IN SOUTH AND CENTRAL ASIA. In addition to amounts otherwise available to carry out section 481 of the Foreign Assistance Act of 1961 (22 U.S.C. 2291), there is authorized to be appropriated to the President not less than $5,000,000 for fiscal year 2002 for regional antidrug training in the Republic of Turkey by the Drug Enforcement Administration for police, as well as increased precursor chemical control efforts in the South and Central Asia region. SEC. 1008. 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. (a) In General.--The Attorney General, in consultation with the Secretary of State and the Secretary of Transportation, shall conduct a study on the feasibility of utilizing a biometric identifier (fingerprint) scanning system, with access to the database of the Federal Bureau of Investigation Integrated Automated Fingerprint Identification System, at consular offices abroad and at points of entry into the United States to enhance the ability of State Department and immigration officials to identify aliens who may be wanted in connection with criminal or terrorist investigations in the United States or abroad prior to the issuance of visas or entry into the United States. (b) Report to Congress.--Not later than 90 days after the date of the enactment of this Act, the Attorney General shall submit a report summarizing the findings of the study authorized under subsection (a) to the Committee on International Relations and the Committee on the Judiciary of the House of Representatives and the Committee on Foreign Relations and the Committee on the Judiciary of the Senate. SEC. 1009. STUDY OF ACCESS. (a) In General.--Not later than 120 days after enactment of this Act, the Federal Bureau of Investigation shall study and report to Congress on the feasibility of providing to airlines access via computer to the names of passengers who are suspected of terrorist activity by Federal officials. (b) Authorization.--There are authorized to be appropriated not more than $250,000 to carry out subsection (a). SEC. 1010. TEMPORARY AUTHORITY TO CONTRACT WITH LOCAL AND STATE GOVERNMENTS FOR PERFORMANCE OF SECURITY FUNCTIONS AT UNITED STATES MILITARY INSTALLATIONS. (a) In General.--Notwithstanding section 2465 of title 10, United States Code, during the period of time that United States armed forces are engaged in Operation Enduring Freedom, and for the period of 180 days thereafter, funds appropriated to the Department of Defense may be obligated and expended for the purpose of entering into contracts or other agreements for the performance of security functions at any military installation or facility in the United States with a proximately located local or State government, or combination of such governments, whether or not any such government is obligated to provide such services to the general public without compensation. (b) Training.--Any contract or agreement entered into under this section shall prescribe standards for the training and other qualifications of local government law enforcement personnel who perform security functions under this section in accordance with criteria established by the Secretary of the service concerned. (c) Report.--One year after the date of enactment of this section, the Secretary of Defense shall submit a report to the Committees on Armed Services of the Senate and the House of Representatives describing the use of the authority granted under this section and the use by the Department of Defense of other means to improve the performance of security functions on military installations and facilities located within the United States. SEC. 1011. CRIMES AGAINST CHARITABLE AMERICANS. (a) Short Title.--This section may be cited as the ``Crimes Against Charitable Americans Act of 2001''. (b) Telemarketing and Consumer Fraud Abuse.--The Telemarketing and Consumer Fraud and Abuse Prevention Act (15 U.S.C. 6101 et seq.) is amended-- (1) in section 3(a)(2), by inserting after ``practices'' the second place it appears the following: ``which shall include fraudulent charitable solicitations, and''; (2) in section 3(a)(3)-- (A) in subparagraph (B), by striking ``and'' at the end; (B) in subparagraph (C), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(D) a requirement that any person engaged in telemarketing for the solicitation of charitable contributions, donations, or gifts of money or any other thing of value, shall promptly and clearly disclose to the person receiving the call that the purpose of the call is to solicit charitable contributions, donations, or gifts, and make such other disclosures as the Commission considers appropriate, including the name and mailing address of the charitable organization on behalf of which the solicitation is made.''; and (3) in section 7(4), by inserting ``, or a charitable contribution, donation, or gift of money or any other thing of value,'' after ``services''. (c) Red Cross Members or Agents.--Section 917 of title 18, United States Code, is amended by striking ``one year'' and inserting ``5 years''. (d) Telemarketing Fraud.--Section 2325(1) of title 18, United States Code, is amended-- (1) in subparagraph (A), by striking ``or'' at the end; (2) in subparagraph (B), by striking the comma at the end and inserting ``; or''; (3) by inserting after subparagraph (B) the following: ``(C) a charitable contribution, donation, or gift of money or any other thing of value,''; and (4) in the flush language, by inserting ``or charitable contributor, or donor'' after ``participant''. SEC. 1012. LIMITATION ON ISSUANCE OF HAZMAT LICENSES. (a) Limitation.-- (1) In general.--Chapter 51 of title 49, United States Code, is amended by inserting after section 5103 the following new section: ``Sec. 5103a. Limitation on issuance of hazmat licenses ``(a) Limitation.-- ``(1) Issuance of licenses.--A State may not issue to any individual a license to operate a motor vehicle transporting in commerce a hazardous material unless the Secretary of Transportation has first determined, upon receipt of a notification under subsection (c)(1)(B), that the individual does not pose a security risk warranting denial of the license. ``(2) Renewals included.--For the purposes of this section, the term `issue', with respect to a license, includes renewal of the license. ``(b) Hazardous Materials Described.--The limitation in subsection (a) shall apply with respect to-- ``(1) any material defined as a hazardous material by the Secretary of Transportation; and ``(2) any chemical or biological material or agent determined by the Secretary of Health and Human Services or the Attorney General as being a threat to the national security of the United States. ``(c) Background Records Check.-- ``(1) In general.--Upon the request of a State regarding issuance of a license described in subsection (a)(1) to an individual, the Attorney General-- ``(A) shall carry out a background records check regarding the individual; and ``(B) upon completing the background records check, shall notify the Secretary of Transportation of the completion and results of the background records check. ``(2) Scope.--A background records check regarding an individual under this subsection shall consist of the following: ``(A) A check of the relevant criminal history data bases. ``(B) In the case of an alien, a check of the relevant data bases to determine the status of the alien under the immigration laws of the United States. ``(C) As appropriate, a check of the relevant international data bases through Interpol-U.S. National Central Bureau or other appropriate means. ``(d) Reporting Requirement.--Each State shall submit to the Secretary of Transportation, at such time and in such manner as the Secretary may prescribe, the name, address, and such other information as the Secretary may require, concerning-- ``(1) each alien to whom the State issues a license described in subsection (a); and ``(2) each other individual to whom such a license is issued, as the Secretary may require. ``(e) Alien Defined.--In this section, the term `alien' has the meaning given the term in section 101(a)(3) of the Immigration and Nationality Act.''. (2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 5103 the following new item: ``5103a. Limitation on issuance of hazmat licenses.''. (b) Regulation of Driver Fitness.--Section 31305(a)(5) of title 49, United States Code, is amended-- [[Page H7195]] (1) by striking ``and'' at the end of subparagraph (A); (2) by inserting ``and'' at the end of subparagraph (B); and (3) by adding at the end the following new subparagraph: ``(C) is licensed by a State to operate the vehicle after having first been determined under section 5103a of this title as not posing a security risk warranting denial of the license.''. (c) Authorization of Appropriations.--There is authorized to be appropriated for the Department of Transportation and the Department of Justice such amounts as may be necessary to carry out section 5103a of title 49, United States Code, as added by subsection (a). SEC. 1013. EXPRESSING THE SENSE OF THE SENATE CONCERNING THE PROVISION OF FUNDING FOR BIOTERRORISM PREPAREDNESS AND RESPONSE. (a) Findings.--The Senate finds the following: (1) Additional steps must be taken to better prepare the United States to respond to potential bioterrorism attacks. (2) The threat of a bioterrorist attack is still remote, but is increasing for a variety of reasons, including-- (A) public pronouncements by Osama bin Laden that it is his religious duty to acquire weapons of mass destruction, including chemical and biological weapons; (B) the callous disregard for innocent human life as demonstrated by the terrorists' attacks of September 11, 2001; (C) the resources and motivation of known terrorists and their sponsors and supporters to use biological warfare; (D) recent scientific and technological advances in agent delivery technology such as aerosolization that have made weaponization of certain germs much easier; and (E) the increasing access to the technologies and expertise necessary to construct and deploy chemical and biological weapons of mass destruction. (3) Coordination of Federal, State, and local terrorism research, preparedness, and response programs must be improved. (4) States, local areas, and public health officials must have enhanced resources and expertise in order to respond to a potential bioterrorist attack. (5) National, State, and local communication capacities must be enhanced to combat the spread of chemical and biological illness. (6) Greater resources must be provided to increase the capacity of hospitals and local health care workers to respond to public health threats. (7) Health care professionals must be better trained to recognize, diagnose, and treat illnesses arising from biochemical attacks. (8) Additional supplies may be essential to increase the readiness of the United States to respond to a bio-attack. (9) Improvements must be made in assuring the safety of the food supply. (10) New vaccines and treatments are needed to assure that we have an adequate response to a biochemical attack. (11) Government research, preparedness, and response programs need to utilize private sector expertise and resources. (12) Now is the time to strengthen our public health system and ensure that the United States is adequately prepared to respond to potential bioterrorist attacks, natural infectious disease outbreaks, and other challenges and potential threats to the public health. (b) Sense of the Senate.--It is the sense of the Senate that the United States should make a substantial new investment this year toward the following: (1) Improving State and local preparedness capabilities by upgrading State and local surveillance epidemiology, assisting in the development of response plans, assuring adequate staffing and training of health professionals to diagnose and care for victims of bioterrorism, extending the electronics communications networks and training personnel, and improving public health laboratories. (2) Improving hospital response capabilities by assisting hospitals in developing plans for a bioterrorist attack and improving the surge capacity of hospitals. (3) Upgrading the bioterrorism capabilities of the Centers for Disease Control and Prevention through improving rapid identification and health early warning systems. (4) Improving disaster response medical systems, such as the National Disaster Medical System and the Metropolitan Medical Response System and Epidemic Intelligence Service. (5) Targeting research to assist with the development of appropriate therapeutics and vaccines for likely bioterrorist agents and assisting with expedited drug and device review through the Food and Drug Administration. (6) Improving the National Pharmaceutical Stockpile program by increasing the amount of necessary therapies (including smallpox vaccines and other post-exposure vaccines) and ensuring the appropriate deployment of stockpiles. (7) Targeting activities to increase food safety at the Food and Drug Administration. (8) Increasing international cooperation to secure dangerous biological agents, increase surveillance, and retrain biological warfare specialists. SEC. 1014. GRANT PROGRAM FOR STATE AND LOCAL DOMESTIC PREPAREDNESS SUPPORT. (a) In General.--The Office for State and Local Domestic Preparedness Support of the Office of Justice Programs shall make a grant to each State, which shall be used by the State, in conjunction with units of local government, to enhance the capability of State and local jurisdictions to prepare for and respond to terrorist acts including events of terrorism involving weapons of mass destruction and biological, nuclear, radiological, incendiary, chemical, and explosive devices. (b) Use of Grant Amounts.--Grants under this section may be used to purchase needed equipment and to provide training and technical assistance to State and local first responders. (c) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to carry out this section such sums as necessary for each of fiscal years 2002 through 2007. (2) Limitations.--Of the amount made available to carry out this section in any fiscal year not more than 3 percent may be used by the Attorney General for salaries and administrative expenses. (3) Minimum amount.--Each State shall be allocated in each fiscal year under this section not less than 0.75 percent of the total amount appropriated in the fiscal year for grants pursuant to this section, except that the United States Virgin Islands, America Samoa, Guam, and the Northern Mariana Islands each shall be allocated 0.25 percent. SEC. 1015. EXPANSION AND REAUTHORIZATION OF THE CRIME IDENTIFICATION TECHNOLOGY ACT FOR ANTITERRORISM GRANTS TO STATES AND LOCALITIES. Section 102 of the Crime Identification Technology Act of 1998 (42 U.S.C. 14601) is amended-- (1) in subsection (b)-- (A) in paragraph (16), by striking ``and'' at the end; (B) in paragraph (17), by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(18) notwithstanding subsection (c), antiterrorism purposes as they relate to any other uses under this section or for other antiterrorism programs.''; and (2) in subsection (e)(1), by striking ``this section'' and all that follows and inserting ``this section $250,000,000 for each of fiscal years 2002 through 2007.''. SEC. 1016. CRITICAL INFRASTRUCTURES PROTECTION. (a) Short Title.--This section may be cited as the ``Critical Infrastructures Protection Act of 2001''. (b) Findings.--Congress makes the following findings: (1) The information revolution has transformed the conduct of business and the operations of government as well as the infrastructure relied upon for the defense and national security of the United States. (2) Private business, government, and the national security apparatus increasingly depend on an interdependent network of critical physical and information infrastructures, including telecommunications, energy, financial services, water, and transportation sectors. (3) A continuous national effort is required to ensure the reliable provision of cyber and physical infrastructure services critical to maintaining the national defense, continuity of government, economic prosperity, and quality of life in the United States. (4) This national effort requires extensive modeling and analytic capabilities for purposes of evaluating appropriate mechanisms to ensure the stability of these complex and interdependent systems, and to underpin policy recommendations, so as to achieve the continuous viability and adequate protection of the critical infrastructure of the Nation. (c) Policy of the United States.--It is the policy of the United States-- (1) that any physical or virtual disruption of the operation of the critical infrastructures of the United States be rare, brief, geographically limited in effect, manageable, and minimally detrimental to the economy, human and government services, and national security of the United States; (2) that actions necessary to achieve the policy stated in paragraph (1) be carried out in a public-private partnership involving corporate and non-governmental organizations; and (3) to have in place a comprehensive and effective program to ensure the continuity of essential Federal Government functions under all circumstances. (d) Establishment of National Competence for Critical Infrastructure Protection.-- (1) Support of critical infrastructure protection and continuity by national infrastructure simulation and analysis center.--There shall be established the National Infrastructure Simulation and Analysis Center (NISAC) to serve as a source of national competence to address critical infrastructure protection and continuity through support for activities related to counterterrorism, threat assessment, and risk mitigation. (2) Particular support.--The support provided under paragraph (1) shall include the following: (A) Modeling, simulation, and analysis of the systems comprising critical infrastructures, including cyber infrastructure, telecommunications infrastructure, and physical infrastructure, in order to enhance understanding of the large-scale complexity of such systems and to facilitate modification of such systems to mitigate the threats to [[Page H7196]] such systems and to critical infrastructures generally. (B) Acquisition from State and local governments and the private sector of data necessary to create and maintain models of such systems and of critical infrastructures generally. (C) Utilization of modeling, simulation, and analysis under subparagraph (A) to provide education and training to policymakers on matters relating to-- (i) the analysis conducted under that subparagraph; (ii) the implications of unintended or unintentional disturbances to critical infrastructures; and (iii) responses to incidents or crises involving critical infrastructures, including the continuity of government and private sector activities through and after such incidents or crises. (D) Utilization of modeling, simulation, and analysis under subparagraph (A) to provide recommendations to policymakers, and to departments and agencies of the Federal Government and private sector persons and entities upon request, regarding means of enhancing the stability of, and preserving, critical infrastructures. (3) Recipient of certain support.--Modeling, simulation, and analysis provided under this subsection shall be provided, in particular, to relevant Federal, State, and local entities responsible for critical infrastructure protection and policy. (e) Critical Infrastructure Defined.--In this section, the term ``critical infrastructure'' means systems and assets, whether physical or virtual, so vital to the United States that the incapacity or destruction of such systems and assets would have a debilitating impact on security, national economic security, national public health or safety, or any combination of those matters. (f) Authorization of Appropriations.--There is hereby authorized for the Department of Defense for fiscal year 2002, $20,000,000 for the Defense Threat Reduction Agency for activities of the National Infrastructure Simulation and Analysis Center under this section in that fiscal year.