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.