[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3162 Enrolled Bill (ENR)]

        H.R.3162

                      One Hundred Seventh Congress

                                 of the

                        United States of America


                          AT THE FIRST SESSION

         Begun and held at the City of Washington on Wednesday,
             the third day of January, two thousand and one


                                 An Act


 
 To deter and punish terrorist acts in the United States and around the 
  world, to enhance law enforcement investigatory tools, and for other 
                                purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Uniting and 
Strengthening America by Providing Appropriate Tools Required to 
Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:
Sec. 1. Short title and table of contents.
Sec. 2. Construction; severability.

         TITLE I--ENHANCING DOMESTIC SECURITY AGAINST TERRORISM

Sec. 101. Counterterrorism fund.
Sec. 102. Sense of Congress condemning discrimination against Arab and 
          Muslim Americans.
Sec. 103. Increased funding for the technical support center at the 
          Federal Bureau of Investigation.
Sec. 104. Requests for military assistance to enforce prohibition in 
          certain emergencies.
Sec. 105. Expansion of National Electronic Crime Task Force Initiative.
Sec. 106. Presidential authority.

               TITLE II--ENHANCED SURVEILLANCE PROCEDURES

Sec. 201. Authority to intercept wire, oral, and electronic 
          communications relating to terrorism.
Sec. 202. Authority to intercept wire, oral, and electronic 
          communications relating to computer fraud and abuse offenses.
Sec. 203. Authority to share criminal investigative information.
Sec. 204. Clarification of intelligence exceptions from limitations on 
          interception and disclosure of wire, oral, and electronic 
          communications.
Sec. 205. Employment of translators by the Federal Bureau of 
          Investigation.
Sec. 206. Roving surveillance authority under the Foreign Intelligence 
          Surveillance Act of 1978.
Sec. 207. Duration of FISA surveillance of non-United States persons who 
          are agents of a foreign power.
Sec. 208. Designation of judges.
Sec. 209. Seizure of voice-mail messages pursuant to warrants.
Sec. 210. Scope of subpoenas for records of electronic communications.
Sec. 211. Clarification of scope.
Sec. 212. Emergency disclosure of electronic communications to protect 
          life and limb.
Sec. 213. Authority for delaying notice of the execution of a warrant.
Sec. 214. Pen register and trap and trace authority under FISA.
Sec. 215. Access to records and other items under the Foreign 
          Intelligence Surveillance Act.
Sec. 216. Modification of authorities relating to use of pen registers 
          and trap and trace devices.
Sec. 217. Interception of computer trespasser communications.
Sec. 218. Foreign intelligence information.
Sec. 219. Single-jurisdiction search warrants for terrorism.
Sec. 220. Nationwide service of search warrants for electronic evidence.
Sec. 221. Trade sanctions.
Sec. 222. Assistance to law enforcement agencies.
Sec. 223. Civil liability for certain unauthorized disclosures.
Sec. 224. Sunset.
Sec. 225. Immunity for compliance with FISA wiretap.

 TITLE III--INTERNATIONAL MONEY LAUNDERING ABATEMENT AND ANTI-TERRORIST 
                          FINANCING ACT OF 2001

Sec. 301. Short title.
Sec. 302. Findings and purposes.
Sec. 303. 4-year congressional review; expedited consideration.

 Subtitle A--International Counter Money Laundering and Related Measures

Sec. 311. Special measures for jurisdictions, financial institutions, or 
          international transactions of primary money laundering 
          concern.
Sec. 312. Special due diligence for correspondent accounts and private 
          banking accounts.
Sec. 313. Prohibition on United States correspondent accounts with 
          foreign shell banks.
Sec. 314. Cooperative efforts to deter money laundering.
Sec. 315. Inclusion of foreign corruption offenses as money laundering 
          crimes.
Sec. 316. Anti-terrorist forfeiture protection.
Sec. 317. Long-arm jurisdiction over foreign money launderers.
Sec. 318. Laundering money through a foreign bank.
Sec. 319. Forfeiture of funds in United States interbank accounts.
Sec. 320. Proceeds of foreign crimes.
Sec. 321. Financial institutions specified in subchapter II of chapter 
          53 of title 31, United States code.
Sec. 322. Corporation represented by a fugitive.
Sec. 323. Enforcement of foreign judgments.
Sec. 324. Report and recommendation.
Sec. 325. Concentration accounts at financial institutions.
Sec. 326. Verification of identification.
Sec. 327. Consideration of anti-money laundering record.
Sec. 328. International cooperation on identification of originators of 
          wire transfers.
Sec. 329. Criminal penalties.
Sec. 330. International cooperation in investigations of money 
          laundering, financial crimes, and the finances of terrorist 
          groups.

    Subtitle B--Bank Secrecy Act Amendments and Related Improvements

Sec. 351. Amendments relating to reporting of suspicious activities.
Sec. 352. Anti-money laundering programs.
Sec. 353. Penalties for violations of geographic targeting orders and 
          certain recordkeeping requirements, and lengthening effective 
          period of geographic targeting orders.
Sec. 354. Anti-money laundering strategy.
Sec. 355. Authorization to include suspicions of illegal activity in 
          written employment references.
Sec. 356. Reporting of suspicious activities by securities brokers and 
          dealers; investment company study.
Sec. 357. Special report on administration of bank secrecy provisions.
Sec. 358. Bank secrecy provisions and activities of United States 
          intelligence agencies to fight international terrorism.
Sec. 359. Reporting of suspicious activities by underground banking 
          systems.
Sec. 360. Use of authority of United States Executive Directors.
Sec. 361. Financial crimes enforcement network.
Sec. 362. Establishment of highly secure network.
Sec. 363. Increase in civil and criminal penalties for money laundering.
Sec. 364. Uniform protection authority for Federal Reserve facilities.
Sec. 365. Reports relating to coins and currency received in 
          nonfinancial trade or business.
Sec. 366. Efficient use of currency transaction report system.

               Subtitle C--Currency Crimes and Protection

Sec. 371. Bulk cash smuggling into or out of the United States.
Sec. 372. Forfeiture in currency reporting cases.
Sec. 373. Illegal money transmitting businesses.
Sec. 374. Counterfeiting domestic currency and obligations.
Sec. 375. Counterfeiting foreign currency and obligations.
Sec. 376. Laundering the proceeds of terrorism.
Sec. 377. Extraterritorial jurisdiction.

                     TITLE IV--PROTECTING THE BORDER

               Subtitle A--Protecting the Northern Border

Sec. 401. Ensuring adequate personnel on the northern border.
Sec. 402. Northern border personnel.
Sec. 403. Access by the Department of State and the INS to certain 
          identifying information in the criminal history records of 
          visa applicants and applicants for admission to the United 
          States.
Sec. 404. Limited authority to pay overtime.
Sec. 405. Report on the integrated automated fingerprint identification 
          system for ports of entry and overseas consular posts.

               Subtitle B--Enhanced Immigration Provisions

Sec. 411. Definitions relating to terrorism.
Sec. 412. Mandatory detention of suspected terrorists; habeas corpus; 
          judicial review.
Sec. 413. Multilateral cooperation against terrorists.
Sec. 414. Visa integrity and security.
Sec. 415. Participation of Office of Homeland Security on Entry-Exit 
          Task Force.
Sec. 416. Foreign student monitoring program.
Sec. 417. Machine readable passports.
Sec. 418. Prevention of consulate shopping.

    Subtitle C--Preservation of Immigration Benefits for Victims of 
                                Terrorism

Sec. 421. Special immigrant status.
Sec. 422. Extension of filing or reentry deadlines.
Sec. 423. Humanitarian relief for certain surviving spouses and 
          children.
Sec. 424. ``Age-out'' protection for children.
Sec. 425. Temporary administrative relief.
Sec. 426. Evidence of death, disability, or loss of employment.
Sec. 427. No benefits to terrorists or family members of terrorists.
Sec. 428. Definitions.

         TITLE V--REMOVING OBSTACLES TO INVESTIGATING TERRORISM

Sec. 501. Attorney General's authority to pay rewards to combat 
          terrorism.
Sec. 502. Secretary of State's authority to pay rewards.
Sec. 503. DNA identification of terrorists and other violent offenders.
Sec. 504. Coordination with law enforcement.
Sec. 505. Miscellaneous national security authorities.
Sec. 506. Extension of Secret Service jurisdiction.
Sec. 507. Disclosure of educational records.
Sec. 508. Disclosure of information from NCES surveys.

 TITLE VI--PROVIDING FOR VICTIMS OF TERRORISM, PUBLIC SAFETY OFFICERS, 
                           AND THEIR FAMILIES

          Subtitle A--Aid to Families of Public Safety Officers

Sec. 611. Expedited payment for public safety officers involved in the 
          prevention, investigation, rescue, or recovery efforts related 
          to a terrorist attack.
Sec. 612. Technical correction with respect to expedited payments for 
          heroic public safety officers.
Sec. 613. Public safety officers benefit program payment increase.
Sec. 614. Office of Justice programs.

       Subtitle B--Amendments to the Victims of Crime Act of 1984

Sec. 621. Crime victims fund.
Sec. 622. Crime victim compensation.
Sec. 623. Crime victim assistance.
Sec. 624. Victims of terrorism.

  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.

      TITLE VIII--STRENGTHENING THE CRIMINAL LAWS AGAINST TERRORISM

Sec. 801. Terrorist attacks and other acts of violence against mass 
          transportation systems.
Sec. 802. Definition of domestic terrorism.
Sec. 803. Prohibition against harboring terrorists.
Sec. 804. Jurisdiction over crimes committed at U.S. facilities abroad.
Sec. 805. Material support for terrorism.
Sec. 806. Assets of terrorist organizations.
Sec. 807. Technical clarification relating to provision of material 
          support to terrorism.
Sec. 808. Definition of Federal crime of terrorism.
Sec. 809. No statute of limitation for certain terrorism offenses.
Sec. 810. Alternate maximum penalties for terrorism offenses.
Sec. 811. Penalties for terrorist conspiracies.
Sec. 812. Post-release supervision of terrorists.
Sec. 813. Inclusion of acts of terrorism as racketeering activity.
Sec. 814. Deterrence and prevention of cyberterrorism.
Sec. 815. Additional defense to civil actions relating to preserving 
          records in response to Government requests.
Sec. 816. Development and support of cybersecurity forensic 
          capabilities.
Sec. 817. Expansion of the biological weapons statute.

                     TITLE IX--IMPROVED INTELLIGENCE

Sec. 901. Responsibilities of Director of Central Intelligence regarding 
          foreign intelligence collected under Foreign Intelligence 
          Surveillance Act of 1978.
Sec. 902. Inclusion of international terrorist activities within scope 
          of foreign intelligence under National Security Act of 1947.
Sec. 903. Sense of Congress on the establishment and maintenance of 
          intelligence relationships to acquire information on 
          terrorists and terrorist organizations.
Sec. 904. Temporary authority to defer submittal to Congress of reports 
          on intelligence and intelligence-related matters.
Sec. 905. Disclosure to Director of Central Intelligence of foreign 
          intelligence-related information with respect to criminal 
          investigations.
Sec. 906. Foreign terrorist asset tracking center.
Sec. 907. National Virtual Translation Center.
Sec. 908. Training of government officials regarding identification and 
          use of foreign intelligence.

                         TITLE X--MISCELLANEOUS

Sec. 1001. Review of the department of justice.
Sec. 1002. Sense of congress.
Sec. 1003. Definition of ``electronic surveillance''.
Sec. 1004. Venue in money laundering cases.
Sec. 1005. First responders assistance act.
Sec. 1006. Inadmissibility of aliens engaged in money laundering.
Sec. 1007. Authorization of funds for dea police training in south and 
          central asia.
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.
Sec. 1009. Study of access.
Sec. 1010. Temporary authority to contract with local and State 
          governments for performance of security functions at United 
          States military installations.
Sec. 1011. Crimes against charitable americans.
Sec. 1012. Limitation on issuance of hazmat licenses.
Sec. 1013. Expressing the sense of the senate concerning the provision 
          of funding for bioterrorism preparedness and response.
Sec. 1014. Grant program for State and local domestic preparedness 
          support.
Sec. 1015. Expansion and reauthorization of the crime identification 
          technology act for antiterrorism grants to States and 
          localities.
Sec. 1016. Critical infrastructures protection.

SEC. 2. CONSTRUCTION; SEVERABILITY.

    Any provision of this Act held to be invalid or unenforceable by 
its terms, or as applied to any person or circumstance, shall be 
construed so as to give it the maximum effect permitted by law, unless 
such holding shall be one of utter invalidity or unenforceability, in 
which event such provision shall be deemed severable from this Act and 
shall not affect the remainder thereof or the application of such 
provision to other persons not similarly situated or to other, 
dissimilar circumstances.

         TITLE I--ENHANCING DOMESTIC SECURITY AGAINST TERRORISM

SEC. 101. COUNTERTERRORISM FUND.

    (a) Establishment; Availability.--There is hereby established in 
the Treasury of the United States a separate fund to be known as the 
``Counterterrorism Fund'', amounts in which shall remain available 
without fiscal year limitation--
        (1) to reimburse any Department of Justice component for any 
    costs incurred in connection with--
            (A) reestablishing the operational capability of an office 
        or facility that has been damaged or destroyed as the result of 
        any domestic or international terrorism incident;
            (B) providing support to counter, investigate, or prosecute 
        domestic or international terrorism, including, without 
        limitation, paying rewards in connection with these activities; 
        and
            (C) conducting terrorism threat assessments of Federal 
        agencies and their facilities; and
        (2) to reimburse any department or agency of the Federal 
    Government for any costs incurred in connection with detaining in 
    foreign countries individuals accused of acts of terrorism that 
    violate the laws of the United States.
    (b) No Effect on Prior Appropriations.--Subsection (a) shall not be 
construed to affect the amount or availability of any appropriation to 
the Counterterrorism Fund made before the date of the enactment of this 
Act.

SEC. 102. SENSE OF CONGRESS CONDEMNING DISCRIMINATION AGAINST ARAB AND 
              MUSLIM AMERICANS.

    (a) Findings.--Congress makes the following findings:
        (1) Arab Americans, Muslim Americans, and Americans from South 
    Asia play a vital role in our Nation and are entitled to nothing 
    less than the full rights of every American.
        (2) The acts of violence that have been taken against Arab and 
    Muslim Americans since the September 11, 2001, attacks against the 
    United States should be and are condemned by all Americans who 
    value freedom.
        (3) The concept of individual responsibility for wrongdoing is 
    sacrosanct in American society, and applies equally to all 
    religious, racial, and ethnic groups.
        (4) When American citizens commit acts of violence against 
    those who are, or are perceived to be, of Arab or Muslim descent, 
    they should be punished to the full extent of the law.
        (5) Muslim Americans have become so fearful of harassment that 
    many Muslim women are changing the way they dress to avoid becoming 
    targets.
        (6) Many Arab Americans and Muslim Americans have acted 
    heroically during the attacks on the United States, including 
    Mohammed Salman Hamdani, a 23-year-old New Yorker of Pakistani 
    descent, who is believed to have gone to the World Trade Center to 
    offer rescue assistance and is now missing.
    (b) Sense of Congress.--It is the sense of Congress that--
        (1) the civil rights and civil liberties of all Americans, 
    including Arab Americans, Muslim Americans, and Americans from 
    South Asia, must be protected, and that every effort must be taken 
    to preserve their safety;
        (2) any acts of violence or discrimination against any 
    Americans be condemned; and
        (3) the Nation is called upon to recognize the patriotism of 
    fellow citizens from all ethnic, racial, and religious backgrounds.

SEC. 103. INCREASED FUNDING FOR THE TECHNICAL SUPPORT CENTER AT THE 
              FEDERAL BUREAU OF INVESTIGATION.

    There are authorized to be appropriated for the Technical Support 
Center established in section 811 of the Antiterrorism and Effective 
Death Penalty Act of 1996 (Public Law 104-132) to help meet the demands 
for activities to combat terrorism and support and enhance the 
technical support and tactical operations of the FBI, $200,000,000 for 
each of the fiscal years 2002, 2003, and 2004.

SEC. 104. REQUESTS FOR MILITARY ASSISTANCE TO ENFORCE PROHIBITION IN 
              CERTAIN EMERGENCIES.

    Section 2332e of title 18, United States Code, is amended--
        (1) by striking ``2332c'' and inserting ``2332a''; and
        (2) by striking ``chemical''.

SEC. 105. EXPANSION OF NATIONAL ELECTRONIC CRIME TASK FORCE INITIATIVE.

    The Director of the United States Secret Service shall take 
appropriate actions to develop a national network of electronic crime 
task forces, based on the New York Electronic Crimes Task Force model, 
throughout the United States, for the purpose of preventing, detecting, 
and investigating various forms of electronic crimes, including 
potential terrorist attacks against critical infrastructure and 
financial payment systems.

SEC. 106. PRESIDENTIAL AUTHORITY.

    Section 203 of the International Emergency Powers Act (50 U.S.C. 
1702) is amended--
        (1) in subsection (a)(1)--
            (A) at the end of subparagraph (A) (flush to that 
        subparagraph), by striking ``; and'' and inserting a comma and 
        the following:
    ``by any person, or with respect to any property, subject to the 
    jurisdiction of the United States;'';
            (B) in subparagraph (B)--
                (i) by inserting ``, block during the pendency of an 
            investigation'' after ``investigate''; and
                (ii) by striking ``interest;'' and inserting ``interest 
            by any person, or with respect to any property, subject to 
            the jurisdiction of the United States; and'';
            (C) by striking ``by any person, or with respect to any 
        property, subject to the jurisdiction of the United States`; 
        and
            (D) by inserting at the end the following:
            ``(C) when the United States is engaged in armed 
        hostilities or has been attacked by a foreign country or 
        foreign nationals, confiscate any property, subject to the 
        jurisdiction of the United States, of any foreign person, 
        foreign organization, or foreign country that he determines has 
        planned, authorized, aided, or engaged in such hostilities or 
        attacks against the United States; and all right, title, and 
        interest in any property so confiscated shall vest, when, as, 
        and upon the terms directed by the President, in such agency or 
        person as the President may designate from time to time, and 
        upon such terms and conditions as the President may prescribe, 
        such interest or property shall be held, used, administered, 
        liquidated, sold, or otherwise dealt with in the interest of 
        and for the benefit of the United States, and such designated 
        agency or person may perform any and all acts incident to the 
        accomplishment or furtherance of these purposes.''; and
        (2) by inserting at the end the following:
    ``(c) Classified Information.--In any judicial review of a 
determination made under this section, if the determination was based 
on classified information (as defined in section 1(a) of the Classified 
Information Procedures Act) such information may be submitted to the 
reviewing court ex parte and in camera. This subsection does not confer 
or imply any right to judicial review.''.

               TITLE II--ENHANCED SURVEILLANCE PROCEDURES

SEC. 201. AUTHORITY TO INTERCEPT WIRE, ORAL, AND ELECTRONIC 
              COMMUNICATIONS RELATING TO TERRORISM.

    Section 2516(1) of title 18, United States Code, is amended--
        (1) by redesignating paragraph (p), as so redesignated by 
    section 434(2) of the Antiterrorism and Effective Death Penalty Act 
    of 1996 (Public Law 104-132; 110 Stat. 1274), as paragraph (r); and
        (2) by inserting after paragraph (p), as so redesignated by 
    section 201(3) of the Illegal Immigration Reform and Immigrant 
    Responsibility Act of 1996 (division C of Public Law 104-208; 110 
    Stat. 3009-565), the following new paragraph:
    ``(q) any criminal violation of section 229 (relating to chemical 
weapons); or sections 2332, 2332a, 2332b, 2332d, 2339A, or 2339B of 
this title (relating to terrorism); or''.

SEC. 202. AUTHORITY TO INTERCEPT WIRE, ORAL, AND ELECTRONIC 
              COMMUNICATIONS RELATING TO COMPUTER FRAUD AND ABUSE 
              OFFENSES.

    Section 2516(1)(c) of title 18, United States Code, is amended by 
striking ``and section 1341 (relating to mail fraud),'' and inserting 
``section 1341 (relating to mail fraud), a felony violation of section 
1030 (relating to computer fraud and abuse),''.

SEC. 203. AUTHORITY TO SHARE CRIMINAL INVESTIGATIVE INFORMATION.

    (a) Authority To Share Grand Jury Information.--
        (1) In general.--Rule 6(e)(3)(C) of the Federal Rules of 
    Criminal Procedure is amended to read as follows:
            ``(C)(i) Disclosure otherwise prohibited by this rule of 
        matters occurring before the grand jury may also be made--
                ``(I) when so directed by a court preliminarily to or 
            in connection with a judicial proceeding;
                ``(II) when permitted by a court at the request of the 
            defendant, upon a showing that grounds may exist for a 
            motion to dismiss the indictment because of matters 
            occurring before the grand jury;
                ``(III) when the disclosure is made by an attorney for 
            the government to another Federal grand jury;
                ``(IV) when permitted by a court at the request of an 
            attorney for the government, upon a showing that such 
            matters may disclose a violation of State criminal law, to 
            an appropriate official of a State or subdivision of a 
            State for the purpose of enforcing such law; or
                ``(V) when the matters involve foreign intelligence or 
            counterintelligence (as defined in section 3 of the 
            National Security Act of 1947 (50 U.S.C. 401a)), or foreign 
            intelligence information (as defined in clause (iv) of this 
            subparagraph), to any Federal law enforcement, 
            intelligence, protective, immigration, national defense, or 
            national security official in order to assist the official 
            receiving that information in the performance of his 
            official duties.
            ``(ii) If the court orders disclosure of matters occurring 
        before the grand jury, the disclosure shall be made in such 
        manner, at such time, and under such conditions as the court 
        may direct.
            ``(iii) Any Federal official to whom information is 
        disclosed pursuant to clause (i)(V) of this subparagraph may 
        use that information only as necessary in the conduct of that 
        person's official duties subject to any limitations on the 
        unauthorized disclosure of such information. Within a 
        reasonable time after such disclosure, an attorney for the 
        government shall file under seal a notice with the court 
        stating the fact that such information was disclosed and the 
        departments, agencies, or entities to which the disclosure was 
        made.
            ``(iv) In clause (i)(V) of this subparagraph, the term 
        `foreign intelligence information' means--
                ``(I) information, whether or not concerning a United 
            States person, that relates to the ability of the United 
            States to protect against--

                    ``(aa) actual or potential attack or other grave 
                hostile acts of a foreign power or an agent of a 
                foreign power;
                    ``(bb) sabotage or international terrorism by a 
                foreign power or an agent of a foreign power; or
                    ``(cc) clandestine intelligence activities by an 
                intelligence service or network of a foreign power or 
                by an agent of foreign power; or

                ``(II) information, whether or not concerning a United 
            States person, with respect to a foreign power or foreign 
            territory that relates to--

                    ``(aa) the national defense or the security of the 
                United States; or
                    ``(bb) the conduct of the foreign affairs of the 
                United States.''.

        (2) Conforming amendment.--Rule 6(e)(3)(D) of the Federal Rules 
    of Criminal Procedure is amended by striking ``(e)(3)(C)(i)'' and 
    inserting ``(e)(3)(C)(i)(I)''.
    (b) Authority To Share Electronic, Wire, and Oral Interception 
Information.--
        (1) Law enforcement.--Section 2517 of title 18, United States 
    Code, is amended by inserting at the end the following:
    ``(6) Any investigative or law enforcement officer, or attorney for 
the Government, who by any means authorized by this chapter, has 
obtained knowledge of the contents of any wire, oral, or electronic 
communication, or evidence derived therefrom, may disclose such 
contents to any other Federal law enforcement, intelligence, 
protective, immigration, national defense, or national security 
official to the extent that such contents include foreign intelligence 
or counterintelligence (as defined in section 3 of the National 
Security Act of 1947 (50 U.S.C. 401a)), or foreign intelligence 
information (as defined in subsection (19) of section 2510 of this 
title), to assist the official who is to receive that information in 
the performance of his official duties. Any Federal official who 
receives information pursuant to this provision may use that 
information only as necessary in the conduct of that person's official 
duties subject to any limitations on the unauthorized disclosure of 
such information.''.
        (2) Definition.--Section 2510 of title 18, United States Code, 
    is amended by--
            (A) in paragraph (17), by striking ``and'' after the 
        semicolon;
            (B) in paragraph (18), by striking the period and inserting 
        ``; and''; and
            (C) by inserting at the end the following:
        ``(19) `foreign intelligence information' means--
            ``(A) information, whether or not concerning a United 
        States person, that relates to the ability of the United States 
        to protect against--
                ``(i) actual or potential attack or other grave hostile 
            acts of a foreign power or an agent of a foreign power;
                ``(ii) sabotage or international terrorism by a foreign 
            power or an agent of a foreign power; or
                ``(iii) clandestine intelligence activities by an 
            intelligence service or network of a foreign power or by an 
            agent of a foreign power; or
            ``(B) information, whether or not concerning a United 
        States person, with respect to a foreign power or foreign 
        territory that relates to--
                ``(i) the national defense or the security of the 
            United States; or
                ``(ii) the conduct of the foreign affairs of the United 
            States.''.
    (c) Procedures.--The Attorney General shall establish procedures 
for the disclosure of information pursuant to section 2517(6) and Rule 
6(e)(3)(C)(i)(V) of the Federal Rules of Criminal Procedure that 
identifies a United States person, as defined in section 101 of the 
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801)).
    (d) Foreign Intelligence Information.--
        (1) In general.--Notwithstanding any other provision of law, it 
    shall be lawful for foreign intelligence or counterintelligence (as 
    defined in section 3 of the National Security Act of 1947 (50 
    U.S.C. 401a)) or foreign intelligence information obtained as part 
    of a criminal investigation to be disclosed to any Federal law 
    enforcement, intelligence, protective, immigration, national 
    defense, or national security official in order to assist the 
    official receiving that information in the performance of his 
    official duties. Any Federal official who receives information 
    pursuant to this provision may use that information only as 
    necessary in the conduct of that person's official duties subject 
    to any limitations on the unauthorized disclosure of such 
    information.
        (2) Definition.--In this subsection, the term ``foreign 
    intelligence information'' means--
            (A) information, whether or not concerning a United States 
        person, that relates to the ability of the United States to 
        protect against--
                (i) actual or potential attack or other grave hostile 
            acts of a foreign power or an agent of a foreign power;
                (ii) sabotage or international terrorism by a foreign 
            power or an agent of a foreign power; or
                (iii) clandestine intelligence activities by an 
            intelligence service or network of a foreign power or by an 
            agent of a foreign power; or
            (B) information, whether or not concerning a United States 
        person, with respect to a foreign power or foreign territory 
        that relates to--
                (i) the national defense or the security of the United 
            States; or
                (ii) the conduct of the foreign affairs of the United 
            States.

SEC. 204. CLARIFICATION OF INTELLIGENCE EXCEPTIONS FROM LIMITATIONS ON 
              INTERCEPTION AND DISCLOSURE OF WIRE, ORAL, AND ELECTRONIC 
              COMMUNICATIONS.

    Section 2511(2)(f) of title 18, United States Code, is amended--
        (1) by striking ``this chapter or chapter 121'' and inserting 
    ``this chapter or chapter 121 or 206 of this title''; and
        (2) by striking ``wire and oral'' and inserting ``wire, oral, 
    and electronic''.

SEC. 205. EMPLOYMENT OF TRANSLATORS BY THE FEDERAL BUREAU OF 
              INVESTIGATION.

    (a) Authority.--The Director of the Federal Bureau of Investigation 
is authorized to expedite the employment of personnel as translators to 
support counterterrorism investigations and operations without regard 
to applicable Federal personnel requirements and limitations.
    (b) Security Requirements.--The Director of the Federal Bureau of 
Investigation shall establish such security requirements as are 
necessary for the personnel employed as translators under subsection 
(a).
    (c) Report.--The Attorney General shall report to the Committees on 
the Judiciary of the House of Representatives and the Senate on--
        (1) the number of translators employed by the FBI and other 
    components of the Department of Justice;
        (2) any legal or practical impediments to using translators 
    employed by other Federal, State, or local agencies, on a full, 
    part-time, or shared basis; and
        (3) the needs of the FBI for specific translation services in 
    certain languages, and recommendations for meeting those needs.

SEC. 206. ROVING SURVEILLANCE AUTHORITY UNDER THE FOREIGN INTELLIGENCE 
              SURVEILLANCE ACT OF 1978.

    Section 105(c)(2)(B) of the Foreign Intelligence Surveillance Act 
of 1978 (50 U.S.C. 1805(c)(2)(B)) is amended by inserting ``, or in 
circumstances where the Court finds that the actions of the target of 
the application may have the effect of thwarting the identification of 
a specified person, such other persons,'' after ``specified person''.

SEC. 207. DURATION OF FISA SURVEILLANCE OF NON-UNITED STATES PERSONS 
              WHO ARE AGENTS OF A FOREIGN POWER.

    (a) Duration.--
        (1) Surveillance.--Section 105(e)(1) of the Foreign 
    Intelligence Surveillance Act of 1978 (50 U.S.C. 1805(e)(1)) is 
    amended by--
            (A) inserting ``(A)'' after ``except that''; and
            (B) inserting before the period the following: ``, and (B) 
        an order under this Act for a surveillance targeted against an 
        agent of a foreign power, as defined in section 101(b)(1)(A) 
        may be for the period specified in the application or for 120 
        days, whichever is less''.
    (2) Physical Search.--Section 304(d)(1) of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1824(d)(1)) is amended by--
        (A) striking ``forty-five'' and inserting ``90'';
        (B) inserting ``(A)'' after ``except that''; and
        (C) inserting before the period the following: ``, and (B) an 
    order under this section for a physical search targeted against an 
    agent of a foreign power as defined in section 101(b)(1)(A) may be 
    for the period specified in the application or for 120 days, 
    whichever is less''.
    (b) Extension.--
        (1) In general.--Section 105(d)(2) of the Foreign Intelligence 
    Surveillance Act of 1978 (50 U.S.C. 1805(d)(2)) is amended by--
            (A) inserting ``(A)'' after ``except that''; and
            (B) inserting before the period the following: ``, and (B) 
        an extension of an order under this Act for a surveillance 
        targeted against an agent of a foreign power as defined in 
        section 101(b)(1)(A) may be for a period not to exceed 1 
        year''.
        (2) Defined term.--Section 304(d)(2) of the Foreign 
    Intelligence Surveillance Act of 1978 (50 U.S.C. 1824(d)(2) is 
    amended by inserting after ``not a United States person,'' the 
    following: ``or against an agent of a foreign power as defined in 
    section 101(b)(1)(A),''.

SEC. 208. DESIGNATION OF JUDGES.

    Section 103(a) of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1803(a)) is amended by--
        (1) striking ``seven district court judges'' and inserting ``11 
    district court judges''; and
        (2) inserting ``of whom no fewer than 3 shall reside within 20 
    miles of the District of Columbia'' after ``circuits''.

SEC. 209. SEIZURE OF VOICE-MAIL MESSAGES PURSUANT TO WARRANTS.

    Title 18, United States Code, is amended--
        (1) in section 2510--
            (A) in paragraph (1), by striking beginning with ``and 
        such'' and all that follows through ``communication''; and
            (B) in paragraph (14), by inserting ``wire or'' after 
        ``transmission of''; and
        (2) in subsections (a) and (b) of section 2703--
            (A) by striking ``Contents of electronic'' and inserting 
        ``Contents of wire or electronic'' each place it appears;
            (B) by striking ``contents of an electronic'' and inserting 
        ``contents of a wire or electronic'' each place it appears; and
            (C) by striking ``any electronic'' and inserting ``any wire 
        or electronic'' each place it appears.

SEC. 210. SCOPE OF SUBPOENAS FOR RECORDS OF ELECTRONIC COMMUNICATIONS.

    Section 2703(c)(2) of title 18, United States Code, as redesignated 
by section 212, is amended--
        (1) by striking ``entity the name, address, local and long 
    distance telephone toll billing records, telephone number or other 
    subscriber number or identity, and length of service of a 
    subscriber'' and inserting the following: ``entity the--
        ``(A) name;
        ``(B) address;
        ``(C) local and long distance telephone connection records, or 
    records of session times and durations;
        ``(D) length of service (including start date) and types of 
    service utilized;
        ``(E) telephone or instrument number or other subscriber number 
    or identity, including any temporarily assigned network address; 
    and
        ``(F) means and source of payment for such service (including 
    any credit card or bank account number),
of a subscriber''; and
        (2) by striking ``and the types of services the subscriber or 
    customer utilized,''.

SEC. 211. CLARIFICATION OF SCOPE.

    Section 631 of the Communications Act of 1934 (47 U.S.C. 551) is 
amended--
        (1) in subsection (c)(2)--
            (A) in subparagraph (B), by striking ``or'';
            (B) in subparagraph (C), by striking the period at the end 
        and inserting ``; or''; and
            (C) by inserting at the end the following:
        ``(D) to a government entity as authorized under chapters 119, 
    121, or 206 of title 18, United States Code, except that such 
    disclosure shall not include records revealing cable subscriber 
    selection of video programming from a cable operator.''; and
        (2) in subsection (h), by striking ``A governmental entity'' 
    and inserting ``Except as provided in subsection (c)(2)(D), a 
    governmental entity''.

SEC. 212. EMERGENCY DISCLOSURE OF ELECTRONIC COMMUNICATIONS TO PROTECT 
              LIFE AND LIMB.

    (a) Disclosure of Contents.--
        (1) In general.--Section 2702 of title 18, United States Code, 
    is amended--
            (A) by striking the section heading and inserting the 
        following:

``Sec. 2702. Voluntary disclosure of customer communications or 
            records'';

            (B) in subsection (a)--
                (i) in paragraph (2)(A), by striking ``and'' at the 
            end;
                (ii) in paragraph (2)(B), by striking the period and 
            inserting ``; and''; and
                (iii) by inserting after paragraph (2) the following:
        ``(3) a provider of remote computing service or electronic 
    communication service to the public shall not knowingly divulge a 
    record or other information pertaining to a subscriber to or 
    customer of such service (not including the contents of 
    communications covered by paragraph (1) or (2)) to any governmental 
    entity.'';
            (C) in subsection (b), by striking ``Exceptions.--A person 
        or entity'' and inserting ``Exceptions for disclosure of 
        communications.-- A provider described in subsection (a)'';
            (D) in subsection (b)(6)--
                (i) in subparagraph (A)(ii), by striking ``or'';
                (ii) in subparagraph (B), by striking the period and 
            inserting ``; or''; and
                (iii) by adding after subparagraph (B) the following:
            ``(C) if the provider reasonably believes that an emergency 
        involving immediate danger of death or serious physical injury 
        to any person requires disclosure of the information without 
        delay.''; and
            (E) by inserting after subsection (b) the following:
    ``(c) Exceptions for Disclosure of Customer Records.--A provider 
described in subsection (a) may divulge a record or other information 
pertaining to a subscriber to or customer of such service (not 
including the contents of communications covered by subsection (a)(1) 
or (a)(2))--
        ``(1) as otherwise authorized in section 2703;
        ``(2) with the lawful consent of the customer or subscriber;
        ``(3) as may be necessarily incident to the rendition of the 
    service or to the protection of the rights or property of the 
    provider of that service;
        ``(4) to a governmental entity, if the provider reasonably 
    believes that an emergency involving immediate danger of death or 
    serious physical injury to any person justifies disclosure of the 
    information; or
        ``(5) to any person other than a governmental entity.''.
        (2) Technical and conforming amendment.--The table of sections 
    for chapter 121 of title 18, United States Code, is amended by 
    striking the item relating to section 2702 and inserting the 
    following:
``2702. Voluntary disclosure of customer communications or records.''.

    (b) Requirements for Government Access.--
        (1) In general.--Section 2703 of title 18, United States Code, 
    is amended--
            (A) by striking the section heading and inserting the 
        following:

``Sec. 2703. Required disclosure of customer communications or 
            records'';

            (B) in subsection (c) by redesignating paragraph (2) as 
        paragraph (3);
            (C) in subsection (c)(1)--
                (i) by striking ``(A) Except as provided in 
            subparagraph (B), a provider of electronic communication 
            service or remote computing service may'' and inserting ``A 
            governmental entity may require a provider of electronic 
            communication service or remote computing service to'';
                (ii) by striking ``covered by subsection (a) or (b) of 
            this section) to any person other than a governmental 
            entity.
            ``(B) A provider of electronic communication service or 
        remote computing service shall disclose a record or other 
        information pertaining to a subscriber to or customer of such 
        service (not including the contents of communications covered 
        by subsection (a) or (b) of this section) to a governmental 
        entity'' and inserting ``)'';
                (iii) by redesignating subparagraph (C) as paragraph 
            (2);
                (iv) by redesignating clauses (i), (ii), (iii), and 
            (iv) as subparagraphs (A), (B), (C), and (D), respectively;
                (v) in subparagraph (D) (as redesignated) by striking 
            the period and inserting ``; or''; and
                (vi) by inserting after subparagraph (D) (as 
            redesignated) the following:
            ``(E) seeks information under paragraph (2).''; and
            (D) in paragraph (2) (as redesignated) by striking 
        ``subparagraph (B)'' and insert ``paragraph (1)''.
        (2) Technical and conforming amendment.--The table of sections 
    for chapter 121 of title 18, United States Code, is amended by 
    striking the item relating to section 2703 and inserting the 
    following:
``2703. Required disclosure of customer communications or records.''.

SEC. 213. AUTHORITY FOR DELAYING NOTICE OF THE EXECUTION OF A WARRANT.

    Section 3103a of title 18, United States Code, is amended--
        (1) by inserting ``(a) In General.--'' before ``In addition''; 
    and
        (2) by adding at the end the following:
    ``(b) Delay.--With respect to the issuance of any warrant or court 
order under this section, or any other rule of law, to search for and 
seize any property or material that constitutes evidence of a criminal 
offense in violation of the laws of the United States, any notice 
required, or that may be required, to be given may be delayed if--
        ``(1) the court finds reasonable cause to believe that 
    providing immediate notification of the execution of the warrant 
    may have an adverse result (as defined in section 2705);
        ``(2) the warrant prohibits the seizure of any tangible 
    property, any wire or electronic communication (as defined in 
    section 2510), or, except as expressly provided in chapter 121, any 
    stored wire or electronic information, except where the court finds 
    reasonable necessity for the seizure; and
        ``(3) the warrant provides for the giving of such notice within 
    a reasonable period of its execution, which period may thereafter 
    be extended by the court for good cause shown.''.

SEC. 214. PEN REGISTER AND TRAP AND TRACE AUTHORITY UNDER FISA.

    (a) Applications and Orders.--Section 402 of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1842) is amended--
        (1) in subsection (a)(1), by striking ``for any investigation 
    to gather foreign intelligence information or information 
    concerning international terrorism'' and inserting ``for any 
    investigation to obtain foreign intelligence information not 
    concerning a United States person or to protect against 
    international terrorism or clandestine intelligence activities, 
    provided that such investigation of a United States person is not 
    conducted solely upon the basis of activities protected by the 
    first amendment to the Constitution'';
        (2) by amending subsection (c)(2) to read as follows:
        ``(2) a certification by the applicant that the information 
    likely to be obtained is foreign intelligence information not 
    concerning a United States person or is relevant to an ongoing 
    investigation to protect against international terrorism or 
    clandestine intelligence activities, provided that such 
    investigation of a United States person is not conducted solely 
    upon the basis of activities protected by the first amendment to 
    the Constitution.'';
        (3) by striking subsection (c)(3); and
        (4) by amending subsection (d)(2)(A) to read as follows:
            ``(A) shall specify--
                ``(i) the identity, if known, of the person who is the 
            subject of the investigation;
                ``(ii) the identity, if known, of the person to whom is 
            leased or in whose name is listed the telephone line or 
            other facility to which the pen register or trap and trace 
            device is to be attached or applied;
                ``(iii) the attributes of the communications to which 
            the order applies, such as the number or other identifier, 
            and, if known, the location of the telephone line or other 
            facility to which the pen register or trap and trace device 
            is to be attached or applied and, in the case of a trap and 
            trace device, the geographic limits of the trap and trace 
            order.''.
    (b) Authorization During Emergencies.--Section 403 of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1843) is amended--
        (1) in subsection (a), by striking ``foreign intelligence 
    information or information concerning international terrorism'' and 
    inserting ``foreign intelligence information not concerning a 
    United States person or information to protect against 
    international terrorism or clandestine intelligence activities, 
    provided that such investigation of a United States person is not 
    conducted solely upon the basis of activities protected by the 
    first amendment to the Constitution''; and
        (2) in subsection (b)(1), by striking ``foreign intelligence 
    information or information concerning international terrorism'' and 
    inserting ``foreign intelligence information not concerning a 
    United States person or information to protect against 
    international terrorism or clandestine intelligence activities, 
    provided that such investigation of a United States person is not 
    conducted solely upon the basis of activities protected by the 
    first amendment to the Constitution''.

SEC. 215. ACCESS TO RECORDS AND OTHER ITEMS UNDER THE FOREIGN 
              INTELLIGENCE SURVEILLANCE ACT.

    Title V of the Foreign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1861 et seq.) is amended by striking sections 501 through 503 
and inserting the following:

``SEC. 501. ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN INTELLIGENCE 
              AND INTERNATIONAL TERRORISM INVESTIGATIONS.

    ``(a)(1) The Director of the Federal Bureau of Investigation or a 
designee of the Director (whose rank shall be no lower than Assistant 
Special Agent in Charge) may make an application for an order requiring 
the production of any tangible things (including books, records, 
papers, documents, and other items) for an investigation to protect 
against international terrorism or clandestine intelligence activities, 
provided that such investigation of a United States person is not 
conducted solely upon the basis of activities protected by the first 
amendment to the Constitution.
    ``(2) An investigation conducted under this section shall--
        ``(A) be conducted under guidelines approved by the Attorney 
    General under Executive Order 12333 (or a successor order); and
        ``(B) not be conducted of a United States person solely upon 
    the basis of activities protected by the first amendment to the 
    Constitution of the United States.
    ``(b) Each application under this section--
        ``(1) shall be made to--
            ``(A) a judge of the court established by section 103(a); 
        or
            ``(B) a United States Magistrate Judge under chapter 43 of 
        title 28, United States Code, who is publicly designated by the 
        Chief Justice of the United States to have the power to hear 
        applications and grant orders for the production of tangible 
        things under this section on behalf of a judge of that court; 
        and
        ``(2) shall specify that the records concerned are sought for 
    an authorized investigation conducted in accordance with subsection 
    (a)(2) to obtain foreign intelligence information not concerning a 
    United States person or to protect against international terrorism 
    or clandestine intelligence activities.
    ``(c)(1) Upon an application made pursuant to this section, the 
judge shall enter an ex parte order as requested, or as modified, 
approving the release of records if the judge finds that the 
application meets the requirements of this section.
    ``(2) An order under this subsection shall not disclose that it is 
issued for purposes of an investigation described in subsection (a).
    ``(d) No person shall disclose to any other person (other than 
those persons necessary to produce the tangible things under this 
section) that the Federal Bureau of Investigation has sought or 
obtained tangible things under this section.
    ``(e) A person who, in good faith, produces tangible things under 
an order pursuant to this section shall not be liable to any other 
person for such production. Such production shall not be deemed to 
constitute a waiver of any privilege in any other proceeding or 
context.

``SEC. 502. CONGRESSIONAL OVERSIGHT.

    ``(a) On a semiannual basis, the Attorney General shall fully 
inform the Permanent Select Committee on Intelligence of the House of 
Representatives and the Select Committee on Intelligence of the Senate 
concerning all requests for the production of tangible things under 
section 402.
    ``(b) On a semiannual basis, the Attorney General shall provide to 
the Committees on the Judiciary of the House of Representatives and the 
Senate a report setting forth with respect to the preceding 6-month 
period--
        ``(1) the total number of applications made for orders 
    approving requests for the production of tangible things under 
    section 402; and
        ``(2) the total number of such orders either granted, modified, 
    or denied.''.

SEC. 216. MODIFICATION OF AUTHORITIES RELATING TO USE OF PEN REGISTERS 
              AND TRAP AND TRACE DEVICES.

    (a) General Limitations.--Section 3121(c) of title 18, United 
States Code, is amended--
        (1) by inserting ``or trap and trace device'' after ``pen 
    register'';
        (2) by inserting ``, routing, addressing,'' after ``dialing''; 
    and
        (3) by striking ``call processing'' and inserting ``the 
    processing and transmitting of wire or electronic communications so 
    as not to include the contents of any wire or electronic 
    communications''.
    (b) Issuance of Orders.--
        (1) In general.--Section 3123(a) of title 18, United States 
    Code, is amended to read as follows:
    ``(a) In General.--
        ``(1) Attorney for the government.--Upon an application made 
    under section 3122(a)(1), the court shall enter an ex parte order 
    authorizing the installation and use of a pen register or trap and 
    trace device anywhere within the United States, if the court finds 
    that the attorney for the Government has certified to the court 
    that the information likely to be obtained by such installation and 
    use is relevant to an ongoing criminal investigation. The order, 
    upon service of that order, shall apply to any person or entity 
    providing wire or electronic communication service in the United 
    States whose assistance may facilitate the execution of the order. 
    Whenever such an order is served on any person or entity not 
    specifically named in the order, upon request of such person or 
    entity, the attorney for the Government or law enforcement or 
    investigative officer that is serving the order shall provide 
    written or electronic certification that the order applies to the 
    person or entity being served.
        ``(2) State investigative or law enforcement officer.--Upon an 
    application made under section 3122(a)(2), the court shall enter an 
    ex parte order authorizing the installation and use of a pen 
    register or trap and trace device within the jurisdiction of the 
    court, if the court finds that the State law enforcement or 
    investigative officer has certified to the court that the 
    information likely to be obtained by such installation and use is 
    relevant to an ongoing criminal investigation.
        ``(3)(A) Where the law enforcement agency implementing an ex 
    parte order under this subsection seeks to do so by installing and 
    using its own pen register or trap and trace device on a packet-
    switched data network of a provider of electronic communication 
    service to the public, the agency shall ensure that a record will 
    be maintained which will identify--
            ``(i) any officer or officers who installed the device and 
        any officer or officers who accessed the device to obtain 
        information from the network;
            ``(ii) the date and time the device was installed, the date 
        and time the device was uninstalled, and the date, time, and 
        duration of each time the device is accessed to obtain 
        information;
            ``(iii) the configuration of the device at the time of its 
        installation and any subsequent modification thereof; and
            ``(iv) any information which has been collected by the 
        device.
    To the extent that the pen register or trap and trace device can be 
    set automatically to record this information electronically, the 
    record shall be maintained electronically throughout the 
    installation and use of such device.
        ``(B) The record maintained under subparagraph (A) shall be 
    provided ex parte and under seal to the court which entered the ex 
    parte order authorizing the installation and use of the device 
    within 30 days after termination of the order (including any 
    extensions thereof).''.
        (2) Contents of order.--Section 3123(b)(1) of title 18, United 
    States Code, is amended--
            (A) in subparagraph (A)--
                (i) by inserting ``or other facility'' after 
            ``telephone line''; and
                (ii) by inserting before the semicolon at the end ``or 
            applied''; and
            (B) by striking subparagraph (C) and inserting the 
        following:
            ``(C) the attributes of the communications to which the 
        order applies, including the number or other identifier and, if 
        known, the location of the telephone line or other facility to 
        which the pen register or trap and trace device is to be 
        attached or applied, and, in the case of an order authorizing 
        installation and use of a trap and trace device under 
        subsection (a)(2), the geographic limits of the order; and''.
        (3) Nondisclosure requirements.--Section 3123(d)(2) of title 
    18, United States Code, is amended--
            (A) by inserting ``or other facility'' after ``the line''; 
        and
            (B) by striking ``, or who has been ordered by the court'' 
        and inserting ``or applied, or who is obligated by the order''.
    (c) Definitions.--
        (1) Court of competent jurisdiction.--Section 3127(2) of title 
    18, United States Code, is amended by striking subparagraph (A) and 
    inserting the following:
            ``(A) any district court of the United States (including a 
        magistrate judge of such a court) or any United States court of 
        appeals having jurisdiction over the offense being 
        investigated; or''.
        (2) Pen register.--Section 3127(3) of title 18, United States 
    Code, is amended--
            (A) by striking ``electronic or other impulses'' and all 
        that follows through ``is attached'' and inserting ``dialing, 
        routing, addressing, or signaling information transmitted by an 
        instrument or facility from which a wire or electronic 
        communication is transmitted, provided, however, that such 
        information shall not include the contents of any 
        communication''; and
            (B) by inserting ``or process'' after ``device'' each place 
        it appears.
        (3) Trap and trace device.--Section 3127(4) of title 18, United 
    States Code, is amended--
            (A) by striking ``of an instrument'' and all that follows 
        through the semicolon and inserting ``or other dialing, 
        routing, addressing, and signaling information reasonably 
        likely to identify the source of a wire or electronic 
        communication, provided, however, that such information shall 
        not include the contents of any communication;''; and
            (B) by inserting ``or process'' after ``a device''.
        (4) Conforming amendment.--Section 3127(1) of title 18, United 
    States Code, is amended--
            (A) by striking ``and''; and
            (B) by inserting ``, and `contents''' after ``electronic 
        communication service''.
        (5) Technical amendment.--Section 3124(d) of title 18, United 
    States Code, is amended by striking ``the terms of''.
        (6) Conforming amendment.--Section 3124(b) of title 18, United 
    States Code, is amended by inserting ``or other facility'' after 
    ``the appropriate line''.

SEC. 217. INTERCEPTION OF COMPUTER TRESPASSER COMMUNICATIONS.

    Chapter 119 of title 18, United States Code, is amended--
        (1) in section 2510--
            (A) in paragraph (18), by striking ``and'' at the end;
            (B) in paragraph (19), by striking the period and inserting 
        a semicolon; and
            (C) by inserting after paragraph (19) the following:
        ``(20) `protected computer' has the meaning set forth in 
    section 1030; and
        ``(21) `computer trespasser'--
            ``(A) means a person who accesses a protected computer 
        without authorization and thus has no reasonable expectation of 
        privacy in any communication transmitted to, through, or from 
        the protected computer; and
            ``(B) does not include a person known by the owner or 
        operator of the protected computer to have an existing 
        contractual relationship with the owner or operator of the 
        protected computer for access to all or part of the protected 
        computer.''; and
        (2) in section 2511(2), by inserting at the end the following:
    ``(i) It shall not be unlawful under this chapter for a person 
acting under color of law to intercept the wire or electronic 
communications of a computer trespasser transmitted to, through, or 
from the protected computer, if--
        ``(I) the owner or operator of the protected computer 
    authorizes the interception of the computer trespasser's 
    communications on the protected computer;
        ``(II) the person acting under color of law is lawfully engaged 
    in an investigation;
        ``(III) the person acting under color of law has reasonable 
    grounds to believe that the contents of the computer trespasser's 
    communications will be relevant to the investigation; and
        ``(IV) such interception does not acquire communications other 
    than those transmitted to or from the computer trespasser.''.

SEC. 218. FOREIGN INTELLIGENCE INFORMATION.

    Sections 104(a)(7)(B) and section 303(a)(7)(B) (50 U.S.C. 
1804(a)(7)(B) and 1823(a)(7)(B)) of the Foreign Intelligence 
Surveillance Act of 1978 are each amended by striking ``the purpose'' 
and inserting ``a significant purpose''.

SEC. 219. SINGLE-JURISDICTION SEARCH WARRANTS FOR TERRORISM.

    Rule 41(a) of the Federal Rules of Criminal Procedure is amended by 
inserting after ``executed'' the following: ``and (3) in an 
investigation of domestic terrorism or international terrorism (as 
defined in section 2331 of title 18, United States Code), by a Federal 
magistrate judge in any district in which activities related to the 
terrorism may have occurred, for a search of property or for a person 
within or outside the district''.

SEC. 220. NATIONWIDE SERVICE OF SEARCH WARRANTS FOR ELECTRONIC 
              EVIDENCE.

    (a) In General.--Chapter 121 of title 18, United States Code, is 
amended--
        (1) in section 2703, by striking ``under the Federal Rules of 
    Criminal Procedure'' every place it appears and inserting ``using 
    the procedures described in the Federal Rules of Criminal Procedure 
    by a court with jurisdiction over the offense under 
    investigation''; and
        (2) in section 2711--
            (A) in paragraph (1), by striking ``and'';
            (B) in paragraph (2), by striking the period and inserting 
        ``; and''; and
            (C) by inserting at the end the following:
        ``(3) the term `court of competent jurisdiction' has the 
    meaning assigned by section 3127, and includes any Federal court 
    within that definition, without geographic limitation.''.
    (b) Conforming Amendment.--Section 2703(d) of title 18, United 
States Code, is amended by striking ``described in section 
3127(2)(A)''.

SEC. 221. TRADE SANCTIONS.

    (a) In general.--The Trade Sanctions Reform and Export Enhancement 
Act of 2000 (Public Law 106-387; 114 Stat. 1549A-67) is amended--
        (1) by amending section 904(2)(C) to read as follows:
            ``(C) used to facilitate the design, development, or 
        production of chemical or biological weapons, missiles, or 
        weapons of mass destruction.'';
        (2) in section 906(a)(1)--
            (A) by inserting ``, the Taliban or the territory of 
        Afghanistan controlled by the Taliban,'' after ``Cuba''; and
            (B) by inserting ``, or in the territory of Afghanistan 
        controlled by the Taliban,'' after ``within such country''; and
        (3) in section 906(a)(2), by inserting ``, or to any other 
    entity in Syria or North Korea'' after ``Korea''.
    (b) Application of the Trade Sanctions Reform and Export 
Enhancement Act.--Nothing in the Trade Sanctions Reform and Export 
Enhancement Act of 2000 shall limit the application or scope of any law 
establishing criminal or civil penalties, including any Executive order 
or regulation promulgated pursuant to such laws (or similar or 
successor laws), for the unlawful export of any agricultural commodity, 
medicine, or medical device to--
        (1) a foreign organization, group, or person designated 
    pursuant to Executive Order No. 12947 of January 23, 1995, as 
    amended;
        (2) a Foreign Terrorist Organization pursuant to the 
    Antiterrorism and Effective Death Penalty Act of 1996 (Public Law 
    104-132);
        (3) a foreign organization, group, or person designated 
    pursuant to Executive Order No. 13224 (September 23, 2001);
        (4) any narcotics trafficking entity designated pursuant to 
    Executive Order No. 12978 (October 21, 1995) or the Foreign 
    Narcotics Kingpin Designation Act (Public Law 106-120); or
        (5) any foreign organization, group, or persons subject to any 
    restriction for its involvement in weapons of mass destruction or 
    missile proliferation.

SEC. 222. ASSISTANCE TO LAW ENFORCEMENT AGENCIES.

    Nothing in this Act shall impose any additional technical 
obligation or requirement on a provider of a wire or electronic 
communication service or other person to furnish facilities or 
technical assistance. A provider of a wire or electronic communication 
service, landlord, custodian, or other person who furnishes facilities 
or technical assistance pursuant to section 216 shall be reasonably 
compensated for such reasonable expenditures incurred in providing such 
facilities or assistance.

SEC. 223. CIVIL LIABILITY FOR CERTAIN UNAUTHORIZED DISCLOSURES.

    (a) Section 2520 of title 18, United States Code, is amended--
        (1) in subsection (a), after ``entity'', by inserting ``, other 
    than the United States,'';
        (2) by adding at the end the following:
    ``(f) Administrative Discipline.--If a court or appropriate 
department or agency determines that the United States or any of its 
departments or agencies has violated any provision of this chapter, and 
the court or appropriate department or agency finds that the 
circumstances surrounding the violation raise serious questions about 
whether or not an officer or employee of the United States acted 
willfully or intentionally with respect to the violation, the 
department or agency shall, upon receipt of a true and correct copy of 
the decision and findings of the court or appropriate department or 
agency promptly initiate a proceeding to determine whether disciplinary 
action against the officer or employee is warranted. If the head of the 
department or agency involved determines that disciplinary action is 
not warranted, he or she shall notify the Inspector General with 
jurisdiction over the department or agency concerned and shall provide 
the Inspector General with the reasons for such determination.''; and
        (3) by adding a new subsection (g), as follows:
    ``(g) Improper Disclosure Is Violation.--Any willful disclosure or 
use by an investigative or law enforcement officer or governmental 
entity of information beyond the extent permitted by section 2517 is a 
violation of this chapter for purposes of section 2520(a).''.
    (b) Section 2707 of title 18, United States Code, is amended--
        (1) in subsection (a), after ``entity'', by inserting ``, other 
    than the United States,'';
        (2) by striking subsection (d) and inserting the following:
    ``(d) Administrative Discipline.--If a court or appropriate 
department or agency determines that the United States or any of its 
departments or agencies has violated any provision of this chapter, and 
the court or appropriate department or agency finds that the 
circumstances surrounding the violation raise serious questions about 
whether or not an officer or employee of the United States acted 
willfully or intentionally with respect to the violation, the 
department or agency shall, upon receipt of a true and correct copy of 
the decision and findings of the court or appropriate department or 
agency promptly initiate a proceeding to determine whether disciplinary 
action against the officer or employee is warranted. If the head of the 
department or agency involved determines that disciplinary action is 
not warranted, he or she shall notify the Inspector General with 
jurisdiction over the department or agency concerned and shall provide 
the Inspector General with the reasons for such determination.''; and
        (3) by adding a new subsection (g), as follows:
    ``(g) Improper Disclosure.--Any willful disclosure of a `record', 
as that term is defined in section 552a(a) of title 5, United States 
Code, obtained by an investigative or law enforcement officer, or a 
governmental entity, pursuant to section 2703 of this title, or from a 
device installed pursuant to section 3123 or 3125 of this title, that 
is not a disclosure made in the proper performance of the official 
functions of the officer or governmental entity making the disclosure, 
is a violation of this chapter. This provision shall not apply to 
information previously lawfully disclosed (prior to the commencement of 
any civil or administrative proceeding under this chapter) to the 
public by a Federal, State, or local governmental entity or by the 
plaintiff in a civil action under this chapter.''.
    (c)(1) Chapter 121 of title 18, United States Code, is amended by 
adding at the end the following:

``Sec. 2712. Civil actions against the United States

    ``(a) In General.--Any person who is aggrieved by any willful 
violation of this chapter or of chapter 119 of this title or of 
sections 106(a), 305(a), or 405(a) of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) may commence an 
action in United States District Court against the United States to 
recover money damages. In any such action, if a person who is aggrieved 
successfully establishes such a violation of this chapter or of chapter 
119 of this title or of the above specific provisions of title 50, the 
Court may assess as damages--
        ``(1) actual damages, but not less than $10,000, whichever 
    amount is greater; and
        ``(2) litigation costs, reasonably incurred.
    ``(b) Procedures.--(1) Any action against the United States under 
this section may be commenced only after a claim is presented to the 
appropriate department or agency under the procedures of the Federal 
Tort Claims Act, as set forth in title 28, United States Code.
    ``(2) Any action against the United States under this section shall 
be forever barred unless it is presented in writing to the appropriate 
Federal agency within 2 years after such claim accrues or unless action 
is begun within 6 months after the date of mailing, by certified or 
registered mail, of notice of final denial of the claim by the agency 
to which it was presented. The claim shall accrue on the date upon 
which the claimant first has a reasonable opportunity to discover the 
violation.
    ``(3) Any action under this section shall be tried to the court 
without a jury.
    ``(4) Notwithstanding any other provision of law, the procedures 
set forth in section 106(f), 305(g), or 405(f) of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) shall be 
the exclusive means by which materials governed by those sections may 
be reviewed.
    ``(5) An amount equal to any award against the United States under 
this section shall be reimbursed by the department or agency concerned 
to the fund described in section 1304 of title 31, United States Code, 
out of any appropriation, fund, or other account (excluding any part of 
such appropriation, fund, or account that is available for the 
enforcement of any Federal law) that is available for the operating 
expenses of the department or agency concerned.
    ``(c) Administrative Discipline.--If a court or appropriate 
department or agency determines that the United States or any of its 
departments or agencies has violated any provision of this chapter, and 
the court or appropriate department or agency finds that the 
circumstances surrounding the violation raise serious questions about 
whether or not an officer or employee of the United States acted 
willfully or intentionally with respect to the violation, the 
department or agency shall, upon receipt of a true and correct copy of 
the decision and findings of the court or appropriate department or 
agency promptly initiate a proceeding to determine whether disciplinary 
action against the officer or employee is warranted. If the head of the 
department or agency involved determines that disciplinary action is 
not warranted, he or she shall notify the Inspector General with 
jurisdiction over the department or agency concerned and shall provide 
the Inspector General with the reasons for such determination.
    ``(d) Exclusive Remedy.--Any action against the United States under 
this subsection shall be the exclusive remedy against the United States 
for any claims within the purview of this section.
    ``(e) Stay of Proceedings.--(1) Upon the motion of the United 
States, the court shall stay any action commenced under this section if 
the court determines that civil discovery will adversely affect the 
ability of the Government to conduct a related investigation or the 
prosecution of a related criminal case. Such a stay shall toll the 
limitations periods of paragraph (2) of subsection (b).
    ``(2) In this subsection, the terms `related criminal case' and 
`related investigation' mean an actual prosecution or investigation in 
progress at the time at which the request for the stay or any 
subsequent motion to lift the stay is made. In determining whether an 
investigation or a criminal case is related to an action commenced 
under this section, the court shall consider the degree of similarity 
between the parties, witnesses, facts, and circumstances involved in 
the 2 proceedings, without requiring that any one or more factors be 
identical.
    ``(3) In requesting a stay under paragraph (1), the Government may, 
in appropriate cases, submit evidence ex parte in order to avoid 
disclosing any matter that may adversely affect a related investigation 
or a related criminal case. If the Government makes such an ex parte 
submission, the plaintiff shall be given an opportunity to make a 
submission to the court, not ex parte, and the court may, in its 
discretion, request further information from either party.''.
    (2) The table of sections at the beginning of chapter 121 is 
amended to read as follows:
``2712. Civil action against the United States.''.

SEC. 224. SUNSET.

    (a) In General.--Except as provided in subsection (b), this title 
and the amendments made by this title (other than sections 203(a), 
203(c), 205, 208, 210, 211, 213, 216, 219, 221, and 222, and the 
amendments made by those sections) shall cease to have effect on 
December 31, 2005.
    (b) Exception.--With respect to any particular foreign intelligence 
investigation that began before the date on which the provisions 
referred to in subsection (a) cease to have effect, or with respect to 
any particular offense or potential offense that began or occurred 
before the date on which such provisions cease to have effect, such 
provisions shall continue in effect.

SEC. 225. IMMUNITY FOR COMPLIANCE WITH FISA WIRETAP.

    Section 105 of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1805) is amended by inserting after subsection (g) the 
following:
    ``(h) No cause of action shall lie in any court against any 
provider of a wire or electronic communication service, landlord, 
custodian, or other person (including any officer, employee, agent, or 
other specified person thereof) that furnishes any information, 
facilities, or technical assistance in accordance with a court order or 
request for emergency assistance under this Act.''.

TITLE III--INTERNATIONAL MONEY LAUNDERING ABATEMENT AND ANTI-TERRORIST 
                         FINANCING ACT OF 2001

SEC. 301. SHORT TITLE.

    This title may be cited as the ``International Money Laundering 
Abatement and Financial Anti-Terrorism Act of 2001''.

SEC. 302. FINDINGS AND PURPOSES.

    (a) Findings.--The Congress finds that--
        (1) money laundering, estimated by the International Monetary 
    Fund to amount to between 2 and 5 percent of global gross domestic 
    product, which is at least $600,000,000,000 annually, provides the 
    financial fuel that permits transnational criminal enterprises to 
    conduct and expand their operations to the detriment of the safety 
    and security of American citizens;
        (2) money laundering, and the defects in financial transparency 
    on which money launderers rely, are critical to the financing of 
    global terrorism and the provision of funds for terrorist attacks;
        (3) money launderers subvert legitimate financial mechanisms 
    and banking relationships by using them as protective covering for 
    the movement of criminal proceeds and the financing of crime and 
    terrorism, and, by so doing, can threaten the safety of United 
    States citizens and undermine the integrity of United States 
    financial institutions and of the global financial and trading 
    systems upon which prosperity and growth depend;
        (4) certain jurisdictions outside of the United States that 
    offer ``offshore'' banking and related facilities designed to 
    provide anonymity, coupled with weak financial supervisory and 
    enforcement regimes, provide essential tools to disguise ownership 
    and movement of criminal funds, derived from, or used to commit, 
    offenses ranging from narcotics trafficking, terrorism, arms 
    smuggling, and trafficking in human beings, to financial frauds 
    that prey on law-abiding citizens;
        (5) transactions involving such offshore jurisdictions make it 
    difficult for law enforcement officials and regulators to follow 
    the trail of money earned by criminals, organized international 
    criminal enterprises, and global terrorist organizations;
        (6) correspondent banking facilities are one of the banking 
    mechanisms susceptible in some circumstances to manipulation by 
    foreign banks to permit the laundering of funds by hiding the 
    identity of real parties in interest to financial transactions;
        (7) private banking services can be susceptible to manipulation 
    by money launderers, for example corrupt foreign government 
    officials, particularly if those services include the creation of 
    offshore accounts and facilities for large personal funds transfers 
    to channel funds into accounts around the globe;
        (8) United States anti-money laundering efforts are impeded by 
    outmoded and inadequate statutory provisions that make 
    investigations, prosecutions, and forfeitures more difficult, 
    particularly in cases in which money laundering involves foreign 
    persons, foreign banks, or foreign countries;
        (9) the ability to mount effective counter-measures to 
    international money launderers requires national, as well as 
    bilateral and multilateral action, using tools specially designed 
    for that effort; and
        (10) the Basle Committee on Banking Regulation and Supervisory 
    Practices and the Financial Action Task Force on Money Laundering, 
    of both of which the United States is a member, have each adopted 
    international anti-money laundering principles and recommendations.
    (b) Purposes.--The purposes of this title are--
        (1) to increase the strength of United States measures to 
    prevent, detect, and prosecute international money laundering and 
    the financing of terrorism;
        (2) to ensure that--
            (A) banking transactions and financial relationships and 
        the conduct of such transactions and relationships, do not 
        contravene the purposes of subchapter II of chapter 53 of title 
        31, United States Code, section 21 of the Federal Deposit 
        Insurance Act, or chapter 2 of title I of Public Law 91-508 (84 
        Stat. 1116), or facilitate the evasion of any such provision; 
        and
            (B) the purposes of such provisions of law continue to be 
        fulfilled, and such provisions of law are effectively and 
        efficiently administered;
        (3) to strengthen the provisions put into place by the Money 
    Laundering Control Act of 1986 (18 U.S.C. 981 note), especially 
    with respect to crimes by non-United States nationals and foreign 
    financial institutions;
        (4) to provide a clear national mandate for subjecting to 
    special scrutiny those foreign jurisdictions, financial 
    institutions operating outside of the United States, and classes of 
    international transactions or types of accounts that pose 
    particular, identifiable opportunities for criminal abuse;
        (5) to provide the Secretary of the Treasury (in this title 
    referred to as the ``Secretary'') with broad discretion, subject to 
    the safeguards provided by the Administrative Procedure Act under 
    title 5, United States Code, to take measures tailored to the 
    particular money laundering problems presented by specific foreign 
    jurisdictions, financial institutions operating outside of the 
    United States, and classes of international transactions or types 
    of accounts;
        (6) to ensure that the employment of such measures by the 
    Secretary permits appropriate opportunity for comment by affected 
    financial institutions;
        (7) to provide guidance to domestic financial institutions on 
    particular foreign jurisdictions, financial institutions operating 
    outside of the United States, and classes of international 
    transactions that are of primary money laundering concern to the 
    United States Government;
        (8) to ensure that the forfeiture of any assets in connection 
    with the anti-terrorist efforts of the United States permits for 
    adequate challenge consistent with providing due process rights;
        (9) to clarify the terms of the safe harbor from civil 
    liability for filing suspicious activity reports;
        (10) to strengthen the authority of the Secretary to issue and 
    administer geographic targeting orders, and to clarify that 
    violations of such orders or any other requirement imposed under 
    the authority contained in chapter 2 of title I of Public Law 91-
    508 and subchapters II and III of chapter 53 of title 31, United 
    States Code, may result in criminal and civil penalties;
        (11) to ensure that all appropriate elements of the financial 
    services industry are subject to appropriate requirements to report 
    potential money laundering transactions to proper authorities, and 
    that jurisdictional disputes do not hinder examination of 
    compliance by financial institutions with relevant reporting 
    requirements;
        (12) to strengthen the ability of financial institutions to 
    maintain the integrity of their employee population; and
        (13) to strengthen measures to prevent the use of the United 
    States financial system for personal gain by corrupt foreign 
    officials and to facilitate the repatriation of any stolen assets 
    to the citizens of countries to whom such assets belong.

SEC. 303. 4-YEAR CONGRESSIONAL REVIEW; EXPEDITED CONSIDERATION.

    (a) In General.--Effective on and after the first day of fiscal 
year 2005, the provisions of this title and the amendments made by this 
title shall terminate if the Congress enacts a joint resolution, the 
text after the resolving clause of which is as follows: ``That 
provisions of the International Money Laundering Abatement and Anti-
Terrorist Financing Act of 2001, and the amendments made thereby, shall 
no longer have the force of law.''.
    (b) Expedited Consideration.--Any joint resolution submitted 
pursuant to this section should be considered by the Congress 
expeditiously. In particular, it shall be considered in the Senate in 
accordance with the provisions of section 601(b) of the International 
Security Assistance and Arms Control Act of 1976.

Subtitle A--International Counter Money Laundering and Related Measures

SEC. 311. SPECIAL MEASURES FOR JURISDICTIONS, FINANCIAL INSTITUTIONS, 
              OR INTERNATIONAL TRANSACTIONS OF PRIMARY MONEY LAUNDERING 
              CONCERN.

    (a) In General.--Subchapter II of chapter 53 of title 31, United 
States Code, is amended by inserting after section 5318 the following 
new section:

``Sec. 5318A. Special measures for jurisdictions, financial 
            institutions, or international transactions of primary 
            money laundering concern

    ``(a) International Counter-Money Laundering Requirements.--
        ``(1) In general.--The Secretary of the Treasury may require 
    domestic financial institutions and domestic financial agencies to 
    take 1 or more of the special measures described in subsection (b) 
    if the Secretary finds that reasonable grounds exist for concluding 
    that a jurisdiction outside of the United States, 1 or more 
    financial institutions operating outside of the United States, 1 or 
    more classes of transactions within, or involving, a jurisdiction 
    outside of the United States, or 1 or more types of accounts is of 
    primary money laundering concern, in accordance with subsection 
    (c).
        ``(2) Form of requirement.--The special measures described in--
            ``(A) subsection (b) may be imposed in such sequence or 
        combination as the Secretary shall determine;
            ``(B) paragraphs (1) through (4) of subsection (b) may be 
        imposed by regulation, order, or otherwise as permitted by law; 
        and
            ``(C) subsection (b)(5) may be imposed only by regulation.
        ``(3) Duration of orders; rulemaking.--Any order by which a 
    special measure described in paragraphs (1) through (4) of 
    subsection (b) is imposed (other than an order described in section 
    5326)--
            ``(A) shall be issued together with a notice of proposed 
        rulemaking relating to the imposition of such special measure; 
        and
            ``(B) may not remain in effect for more than 120 days, 
        except pursuant to a rule promulgated on or before the end of 
        the 120-day period beginning on the date of issuance of such 
        order.
        ``(4) Process for selecting special measures.--In selecting 
    which special measure or measures to take under this subsection, 
    the Secretary of the Treasury--
            ``(A) shall consult with the Chairman of the Board of 
        Governors of the Federal Reserve System, any other appropriate 
        Federal banking agency, as defined in section 3 of the Federal 
        Deposit Insurance Act, the Secretary of State, the Securities 
        and Exchange Commission, the Commodity Futures Trading 
        Commission, the National Credit Union Administration Board, and 
        in the sole discretion of the Secretary, such other agencies 
        and interested parties as the Secretary may find to be 
        appropriate; and
            ``(B) shall consider--
                ``(i) whether similar action has been or is being taken 
            by other nations or multilateral groups;
                ``(ii) whether the imposition of any particular special 
            measure would create a significant competitive 
            disadvantage, including any undue cost or burden associated 
            with compliance, for financial institutions organized or 
            licensed in the United States;
                ``(iii) the extent to which the action or the timing of 
            the action would have a significant adverse systemic impact 
            on the international payment, clearance, and settlement 
            system, or on legitimate business activities involving the 
            particular jurisdiction, institution, or class of 
            transactions; and
                ``(iv) the effect of the action on United States 
            national security and foreign policy.
        ``(5) No limitation on other authority.--This section shall not 
    be construed as superseding or otherwise restricting any other 
    authority granted to the Secretary, or to any other agency, by this 
    subchapter or otherwise.
    ``(b) Special Measures.--The special measures referred to in 
subsection (a), with respect to a jurisdiction outside of the United 
States, financial institution operating outside of the United States, 
class of transaction within, or involving, a jurisdiction outside of 
the United States, or 1 or more types of accounts are as follows:
        ``(1) Recordkeeping and reporting of certain financial 
    transactions.--
            ``(A) In general.--The Secretary of the Treasury may 
        require any domestic financial institution or domestic 
        financial agency to maintain records, file reports, or both, 
        concerning the aggregate amount of transactions, or concerning 
        each transaction, with respect to a jurisdiction outside of the 
        United States, 1 or more financial institutions operating 
        outside of the United States, 1 or more classes of transactions 
        within, or involving, a jurisdiction outside of the United 
        States, or 1 or more types of accounts if the Secretary finds 
        any such jurisdiction, institution, or class of transactions to 
        be of primary money laundering concern.
            ``(B) Form of records and reports.--Such records and 
        reports shall be made and retained at such time, in such 
        manner, and for such period of time, as the Secretary shall 
        determine, and shall include such information as the Secretary 
        may determine, including--
                ``(i) the identity and address of the participants in a 
            transaction or relationship, including the identity of the 
            originator of any funds transfer;
                ``(ii) the legal capacity in which a participant in any 
            transaction is acting;
                ``(iii) the identity of the beneficial owner of the 
            funds involved in any transaction, in accordance with such 
            procedures as the Secretary determines to be reasonable and 
            practicable to obtain and retain the information; and
                ``(iv) a description of any transaction.
        ``(2) Information relating to beneficial ownership.--In 
    addition to any other requirement under any other provision of law, 
    the Secretary may require any domestic financial institution or 
    domestic financial agency to take such steps as the Secretary may 
    determine to be reasonable and practicable to obtain and retain 
    information concerning the beneficial ownership of any account 
    opened or maintained in the United States by a foreign person 
    (other than a foreign entity whose shares are subject to public 
    reporting requirements or are listed and traded on a regulated 
    exchange or trading market), or a representative of such a foreign 
    person, that involves a jurisdiction outside of the United States, 
    1 or more financial institutions operating outside of the United 
    States, 1 or more classes of transactions within, or involving, a 
    jurisdiction outside of the United States, or 1 or more types of 
    accounts if the Secretary finds any such jurisdiction, institution, 
    or transaction or type of account to be of primary money laundering 
    concern.
        ``(3) Information relating to certain payable-through 
    accounts.--If the Secretary finds a jurisdiction outside of the 
    United States, 1 or more financial institutions operating outside 
    of the United States, or 1 or more classes of transactions within, 
    or involving, a jurisdiction outside of the United States to be of 
    primary money laundering concern, the Secretary may require any 
    domestic financial institution or domestic financial agency that 
    opens or maintains a payable-through account in the United States 
    for a foreign financial institution involving any such jurisdiction 
    or any such financial institution operating outside of the United 
    States, or a payable through account through which any such 
    transaction may be conducted, as a condition of opening or 
    maintaining such account--
            ``(A) to identify each customer (and representative of such 
        customer) of such financial institution who is permitted to 
        use, or whose transactions are routed through, such payable-
        through account; and
            ``(B) to obtain, with respect to each such customer (and 
        each such representative), information that is substantially 
        comparable to that which the depository institution obtains in 
        the ordinary course of business with respect to its customers 
        residing in the United States.
        ``(4) Information relating to certain correspondent accounts.--
    If the Secretary finds a jurisdiction outside of the United States, 
    1 or more financial institutions operating outside of the United 
    States, or 1 or more classes of transactions within, or involving, 
    a jurisdiction outside of the United States to be of primary money 
    laundering concern, the Secretary may require any domestic 
    financial institution or domestic financial agency that opens or 
    maintains a correspondent account in the United States for a 
    foreign financial institution involving any such jurisdiction or 
    any such financial institution operating outside of the United 
    States, or a correspondent account through which any such 
    transaction may be conducted, as a condition of opening or 
    maintaining such account--
            ``(A) to identify each customer (and representative of such 
        customer) of any such financial institution who is permitted to 
        use, or whose transactions are routed through, such 
        correspondent account; and
            ``(B) to obtain, with respect to each such customer (and 
        each such representative), information that is substantially 
        comparable to that which the depository institution obtains in 
        the ordinary course of business with respect to its customers 
        residing in the United States.
        ``(5) Prohibitions or conditions on opening or maintaining 
    certain correspondent or payable-through accounts.--If the 
    Secretary finds a jurisdiction outside of the United States, 1 or 
    more financial institutions operating outside of the United States, 
    or 1 or more classes of transactions within, or involving, a 
    jurisdiction outside of the United States to be of primary money 
    laundering concern, the Secretary, in consultation with the 
    Secretary of State, the Attorney General, and the Chairman of the 
    Board of Governors of the Federal Reserve System, may prohibit, or 
    impose conditions upon, the opening or maintaining in the United 
    States of a correspondent account or payable- through account by 
    any domestic financial institution or domestic financial agency for 
    or on behalf of a foreign banking institution, if such 
    correspondent account or payable-through account involves any such 
    jurisdiction or institution, or if any such transaction may be 
    conducted through such correspondent account or payable-through 
    account.
    ``(c) Consultations and Information To Be Considered in Finding 
Jurisdictions, Institutions, Types of Accounts, or Transactions To Be 
of Primary Money Laundering Concern.--
        ``(1) In general.--In making a finding that reasonable grounds 
    exist for concluding that a jurisdiction outside of the United 
    States, 1 or more financial institutions operating outside of the 
    United States, 1 or more classes of transactions within, or 
    involving, a jurisdiction outside of the United States, or 1 or 
    more types of accounts is of primary money laundering concern so as 
    to authorize the Secretary of the Treasury to take 1 or more of the 
    special measures described in subsection (b), the Secretary shall 
    consult with the Secretary of State and the Attorney General.
        ``(2) Additional considerations.--In making a finding described 
    in paragraph (1), the Secretary shall consider in addition such 
    information as the Secretary determines to be relevant, including 
    the following potentially relevant factors:
            ``(A) Jurisdictional factors.--In the case of a particular 
        jurisdiction--
                ``(i) evidence that organized criminal groups, 
            international terrorists, or both, have transacted business 
            in that jurisdiction;
                ``(ii) the extent to which that jurisdiction or 
            financial institutions operating in that jurisdiction offer 
            bank secrecy or special regulatory advantages to 
            nonresidents or nondomiciliaries of that jurisdiction;
                ``(iii) the substance and quality of administration of 
            the bank supervisory and counter-money laundering laws of 
            that jurisdiction;
                ``(iv) the relationship between the volume of financial 
            transactions occurring in that jurisdiction and the size of 
            the economy of the jurisdiction;
                ``(v) the extent to which that jurisdiction is 
            characterized as an offshore banking or secrecy haven by 
            credible international organizations or multilateral expert 
            groups;
                ``(vi) whether the United States has a mutual legal 
            assistance treaty with that jurisdiction, and the 
            experience of United States law enforcement officials and 
            regulatory officials in obtaining information about 
            transactions originating in or routed through or to such 
            jurisdiction; and
                ``(vii) the extent to which that jurisdiction is 
            characterized by high levels of official or institutional 
            corruption.
            ``(B) Institutional factors.--In the case of a decision to 
        apply 1 or more of the special measures described in subsection 
        (b) only to a financial institution or institutions, or to a 
        transaction or class of transactions, or to a type of account, 
        or to all 3, within or involving a particular jurisdiction--
                ``(i) the extent to which such financial institutions, 
            transactions, or types of accounts are used to facilitate 
            or promote money laundering in or through the jurisdiction;
                ``(ii) the extent to which such institutions, 
            transactions, or types of accounts are used for legitimate 
            business purposes in the jurisdiction; and
                ``(iii) the extent to which such action is sufficient 
            to ensure, with respect to transactions involving the 
            jurisdiction and institutions operating in the 
            jurisdiction, that the purposes of this subchapter continue 
            to be fulfilled, and to guard against international money 
            laundering and other financial crimes.
    ``(d) Notification of Special Measures Invoked by the Secretary.--
Not later than 10 days after the date of any action taken by the 
Secretary of the Treasury under subsection (a)(1), the Secretary shall 
notify, in writing, the Committee on Financial Services of the House of 
Representatives and the Committee on Banking, Housing, and Urban 
Affairs of the Senate of any such action.
    ``(e) Definitions.--Notwithstanding any other provision of this 
subchapter, for purposes of this section and subsections (i) and (j) of 
section 5318, the following definitions shall apply:
        ``(1) Bank definitions.--The following definitions shall apply 
    with respect to a bank:
            ``(A) Account.--The term `account'--
                ``(i) means a formal banking or business relationship 
            established to provide regular services, dealings, and 
            other financial transactions; and
                ``(ii) includes a demand deposit, savings deposit, or 
            other transaction or asset account and a credit account or 
            other extension of credit.
            ``(B) Correspondent account.--The term `correspondent 
        account' means an account established to receive deposits from, 
        make payments on behalf of a foreign financial institution, or 
        handle other financial transactions related to such 
        institution.
            ``(C) Payable-through account.--The term `payable-through 
        account' means an account, including a transaction account (as 
        defined in section 19(b)(1)(C) of the Federal Reserve Act), 
        opened at a depository institution by a foreign financial 
        institution by means of which the foreign financial institution 
        permits its customers to engage, either directly or through a 
        subaccount, in banking activities usual in connection with the 
        business of banking in the United States.
        ``(2) Definitions applicable to institutions other than 
    banks.--With respect to any financial institution other than a 
    bank, the Secretary shall, after consultation with the appropriate 
    Federal functional regulators (as defined in section 509 of the 
    Gramm-Leach-Bliley Act), define by regulation the term `account', 
    and shall include within the meaning of that term, to the extent, 
    if any, that the Secretary deems appropriate, arrangements similar 
    to payable-through and correspondent accounts.
        ``(3) Regulatory definition of beneficial ownership.--The 
    Secretary shall promulgate regulations defining beneficial 
    ownership of an account for purposes of this section and 
    subsections (i) and (j) of section 5318. Such regulations shall 
    address issues related to an individual's authority to fund, 
    direct, or manage the account (including, without limitation, the 
    power to direct payments into or out of the account), and an 
    individual's material interest in the income or corpus of the 
    account, and shall ensure that the identification of individuals 
    under this section does not extend to any individual whose 
    beneficial interest in the income or corpus of the account is 
    immaterial.
        ``(4) Other terms.--The Secretary may, by regulation, further 
    define the terms in paragraphs (1), (2), and (3), and define other 
    terms for the purposes of this section, as the Secretary deems 
    appropriate.''.
    (b) Clerical Amendment.--The table of sections for subchapter II of 
chapter 53 of title 31, United States Code, is amended by inserting 
after the item relating to section 5318 the following new item:
``5318A. Special measures for jurisdictions, financial institutions, or 
          international transactions of primary money laundering 
          concern.''.

SEC. 312. SPECIAL DUE DILIGENCE FOR CORRESPONDENT ACCOUNTS AND PRIVATE 
              BANKING ACCOUNTS.

    (a) In General.--Section 5318 of title 31, United States Code, is 
amended by adding at the end the following:
    ``(i) Due Diligence for United States Private Banking and 
Correspondent Bank Accounts Involving Foreign Persons.--
        ``(1) In general.--Each financial institution that establishes, 
    maintains, administers, or manages a private banking account or a 
    correspondent account in the United States for a non-United States 
    person, including a foreign individual visiting the United States, 
    or a representative of a non-United States person shall establish 
    appropriate, specific, and, where necessary, enhanced, due 
    diligence policies, procedures, and controls that are reasonably 
    designed to detect and report instances of money laundering through 
    those accounts.
        ``(2) Additional standards for certain correspondent 
    accounts.--
            ``(A) In general.--Subparagraph (B) shall apply if a 
        correspondent account is requested or maintained by, or on 
        behalf of, a foreign bank operating--
                ``(i) under an offshore banking license; or
                ``(ii) under a banking license issued by a foreign 
            country that has been designated--

                    ``(I) as noncooperative with international anti-
                money laundering principles or procedures by an 
                intergovernmental group or organization of which the 
                United States is a member, with which designation the 
                United States representative to the group or 
                organization concurs; or
                    ``(II) by the Secretary of the Treasury as 
                warranting special measures due to money laundering 
                concerns.

            ``(B) Policies, procedures, and controls.--The enhanced due 
        diligence policies, procedures, and controls required under 
        paragraph (1) shall, at a minimum, ensure that the financial 
        institution in the United States takes reasonable steps--
                ``(i) to ascertain for any such foreign bank, the 
            shares of which are not publicly traded, the identity of 
            each of the owners of the foreign bank, and the nature and 
            extent of the ownership interest of each such owner;
                ``(ii) to conduct enhanced scrutiny of such account to 
            guard against money laundering and report any suspicious 
            transactions under subsection (g); and
                ``(iii) to ascertain whether such foreign bank provides 
            correspondent accounts to other foreign banks and, if so, 
            the identity of those foreign banks and related due 
            diligence information, as appropriate under paragraph (1).
        ``(3) Minimum standards for private banking accounts.--If a 
    private banking account is requested or maintained by, or on behalf 
    of, a non-United States person, then the due diligence policies, 
    procedures, and controls required under paragraph (1) shall, at a 
    minimum, ensure that the financial institution takes reasonable 
    steps--
            ``(A) to ascertain the identity of the nominal and 
        beneficial owners of, and the source of funds deposited into, 
        such account as needed to guard against money laundering and 
        report any suspicious transactions under subsection (g); and
            ``(B) to conduct enhanced scrutiny of any such account that 
        is requested or maintained by, or on behalf of, a senior 
        foreign political figure, or any immediate family member or 
        close associate of a senior foreign political figure that is 
        reasonably designed to detect and report transactions that may 
        involve the proceeds of foreign corruption.
        ``(4) Definition.--For purposes of this subsection, the 
    following definitions shall apply:
            ``(A) Offshore banking license.--The term `offshore banking 
        license' means a license to conduct banking activities which, 
        as a condition of the license, prohibits the licensed entity 
        from conducting banking activities with the citizens of, or 
        with the local currency of, the country which issued the 
        license.
            ``(B) Private banking account.--The term `private banking 
        account' means an account (or any combination of accounts) 
        that--
                ``(i) requires a minimum aggregate deposits of funds or 
            other assets of not less than $1,000,000;
                ``(ii) is established on behalf of 1 or more 
            individuals who have a direct or beneficial ownership 
            interest in the account; and
                ``(iii) is assigned to, or is administered or managed 
            by, in whole or in part, an officer, employee, or agent of 
            a financial institution acting as a liaison between the 
            financial institution and the direct or beneficial owner of 
            the account.''.
    (b) Regulatory Authority and Effective Date.--
        (1) Regulatory authority.--Not later than 180 days after the 
    date of enactment of this Act, the Secretary, in consultation with 
    the appropriate Federal functional regulators (as defined in 
    section 509 of the Gramm-Leach-Bliley Act) of the affected 
    financial institutions, shall further delineate, by regulation, the 
    due diligence policies, procedures, and controls required under 
    section 5318(i)(1) of title 31, United States Code, as added by 
    this section.
        (2) Effective date.--Section 5318(i) of title 31, United States 
    Code, as added by this section, shall take effect 270 days after 
    the date of enactment of this Act, whether or not final regulations 
    are issued under paragraph (1), and the failure to issue such 
    regulations shall in no way affect the enforceability of this 
    section or the amendments made by this section. Section 5318(i) of 
    title 31, United States Code, as added by this section, shall apply 
    with respect to accounts covered by that section 5318(i), that are 
    opened before, on, or after the date of enactment of this Act.

SEC. 313. PROHIBITION ON UNITED STATES CORRESPONDENT ACCOUNTS WITH 
              FOREIGN SHELL BANKS.

    (a) In General.--Section 5318 of title 31, United States Code, as 
amended by this title, is amended by adding at the end the following:
    ``(j) Prohibition on United States Correspondent Accounts With 
Foreign Shell Banks.--
        ``(1) In general.--A financial institution described in 
    subparagraphs (A) through (G) of section 5312(a)(2) (in this 
    subsection referred to as a `covered financial institution') shall 
    not establish, maintain, administer, or manage a correspondent 
    account in the United States for, or on behalf of, a foreign bank 
    that does not have a physical presence in any country.
        ``(2) Prevention of indirect service to foreign shell banks.--A 
    covered financial institution shall take reasonable steps to ensure 
    that any correspondent account established, maintained, 
    administered, or managed by that covered financial institution in 
    the United States for a foreign bank is not being used by that 
    foreign bank to indirectly provide banking services to another 
    foreign bank that does not have a physical presence in any country. 
    The Secretary of the Treasury shall, by regulation, delineate the 
    reasonable steps necessary to comply with this paragraph.
        ``(3) Exception.--Paragraphs (1) and (2) do not prohibit a 
    covered financial institution from providing a correspondent 
    account to a foreign bank, if the foreign bank--
            ``(A) is an affiliate of a depository institution, credit 
        union, or foreign bank that maintains a physical presence in 
        the United States or a foreign country, as applicable; and
            ``(B) is subject to supervision by a banking authority in 
        the country regulating the affiliated depository institution, 
        credit union, or foreign bank described in subparagraph (A), as 
        applicable.
        ``(4) Definitions.--For purposes of this subsection--
            ``(A) the term `affiliate' means a foreign bank that is 
        controlled by or is under common control with a depository 
        institution, credit union, or foreign bank; and
            ``(B) the term `physical presence' means a place of 
        business that--
                ``(i) is maintained by a foreign bank;
                ``(ii) is located at a fixed address (other than solely 
            an electronic address) in a country in which the foreign 
            bank is authorized to conduct banking activities, at which 
            location the foreign bank--

                    ``(I) employs 1 or more individuals on a full-time 
                basis; and
                    ``(II) maintains operating records related to its 
                banking activities; and

                ``(iii) is subject to inspection by the banking 
            authority which licensed the foreign bank to conduct 
            banking activities.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect at the end of the 60-day period beginning on the date of 
enactment of this Act.

SEC. 314. COOPERATIVE EFFORTS TO DETER MONEY LAUNDERING.

    (a) Cooperation Among Financial Institutions, Regulatory 
Authorities, and Law Enforcement Authorities.--
        (1) Regulations.--The Secretary shall, within 120 days after 
    the date of enactment of this Act, adopt regulations to encourage 
    further cooperation among financial institutions, their regulatory 
    authorities, and law enforcement authorities, with the specific 
    purpose of encouraging regulatory authorities and law enforcement 
    authorities to share with financial institutions information 
    regarding individuals, entities, and organizations engaged in or 
    reasonably suspected based on credible evidence of engaging in 
    terrorist acts or money laundering activities.
        (2) Cooperation and information sharing procedures.--The 
    regulations adopted under paragraph (1) may include or create 
    procedures for cooperation and information sharing focusing on--
            (A) matters specifically related to the finances of 
        terrorist groups, the means by which terrorist groups transfer 
        funds around the world and within the United States, including 
        through the use of charitable organizations, nonprofit 
        organizations, and nongovernmental organizations, and the 
        extent to which financial institutions in the United States are 
        unwittingly involved in such finances and the extent to which 
        such institutions are at risk as a result;
            (B) the relationship, particularly the financial 
        relationship, between international narcotics traffickers and 
        foreign terrorist organizations, the extent to which their 
        memberships overlap and engage in joint activities, and the 
        extent to which they cooperate with each other in raising and 
        transferring funds for their respective purposes; and
            (C) means of facilitating the identification of accounts 
        and transactions involving terrorist groups and facilitating 
        the exchange of information concerning such accounts and 
        transactions between financial institutions and law enforcement 
        organizations.
        (3) Contents.--The regulations adopted pursuant to paragraph 
    (1) may--
            (A) require that each financial institution designate 1 or 
        more persons to receive information concerning, and to monitor 
        accounts of individuals, entities, and organizations 
        identified, pursuant to paragraph (1); and
            (B) further establish procedures for the protection of the 
        shared information, consistent with the capacity, size, and 
        nature of the institution to which the particular procedures 
        apply.
        (4) Rule of construction.--The receipt of information by a 
    financial institution pursuant to this section shall not relieve or 
    otherwise modify the obligations of the financial institution with 
    respect to any other person or account.
        (5) Use of information.--Information received by a financial 
    institution pursuant to this section shall not be used for any 
    purpose other than identifying and reporting on activities that may 
    involve terrorist acts or money laundering activities.
    (b) Cooperation Among Financial Institutions.--Upon notice provided 
to the Secretary, 2 or more financial institutions and any association 
of financial institutions may share information with one another 
regarding individuals, entities, organizations, and countries suspected 
of possible terrorist or money laundering activities. A financial 
institution or association that transmits, receives, or shares such 
information for the purposes of identifying and reporting activities 
that may involve terrorist acts or money laundering activities shall 
not be liable to any person under any law or regulation of the United 
States, any constitution, law, or regulation of any State or political 
subdivision thereof, or under any contract or other legally enforceable 
agreement (including any arbitration agreement), for such disclosure or 
for any failure to provide notice of such disclosure to the person who 
is the subject of such disclosure, or any other person identified in 
the disclosure, except where such transmission, receipt, or sharing 
violates this section or regulations promulgated pursuant to this 
section.
    (c) Rule of Construction.--Compliance with the provisions of this 
title requiring or allowing financial institutions and any association 
of financial institutions to disclose or share information regarding 
individuals, entities, and organizations engaged in or suspected of 
engaging in terrorist acts or money laundering activities shall not 
constitute a violation of the provisions of title V of the Gramm-Leach-
Bliley Act (Public Law 106-102).
    (d) Reports to the Financial Services Industry on Suspicious 
Financial Activities.--At least semiannually, the Secretary shall--
        (1) publish a report containing a detailed analysis identifying 
    patterns of suspicious activity and other investigative insights 
    derived from suspicious activity reports and investigations 
    conducted by Federal, State, and local law enforcement agencies to 
    the extent appropriate; and
        (2) distribute such report to financial institutions (as 
    defined in section 5312 of title 31, United States Code).

SEC. 315. INCLUSION OF FOREIGN CORRUPTION OFFENSES AS MONEY LAUNDERING 
              CRIMES.

    Section 1956(c)(7) of title 18, United States Code, is amended--
        (1) in subparagraph (B)--
            (A) in clause (ii), by striking ``or destruction of 
        property by means of explosive or fire'' and inserting 
        ``destruction of property by means of explosive or fire, or a 
        crime of violence (as defined in section 16)'';
            (B) in clause (iii), by striking ``1978'' and inserting 
        ``1978)''; and
            (C) by adding at the end the following:
                ``(iv) bribery of a public official, or the 
            misappropriation, theft, or embezzlement of public funds by 
            or for the benefit of a public official;
                ``(v) smuggling or export control violations 
            involving--

                    ``(I) an item controlled on the United States 
                Munitions List established under section 38 of the Arms 
                Export Control Act (22 U.S.C. 2778); or
                    ``(II) an item controlled under regulations under 
                the Export Administration Regulations (15 C.F.R. Parts 
                730-774); or

                ``(vi) an offense with respect to which the United 
            States would be obligated by a multilateral treaty, either 
            to extradite the alleged offender or to submit the case for 
            prosecution, if the offender were found within the 
            territory of the United States;''; and
        (2) in subparagraph (D)--
            (A) by inserting ``section 541 (relating to goods falsely 
        classified),'' before ``section 542'';
            (B) by inserting ``section 922(1) (relating to the unlawful 
        importation of firearms), section 924(n) (relating to firearms 
        trafficking),'' before ``section 956'';
            (C) by inserting ``section 1030 (relating to computer fraud 
        and abuse),'' before ``1032''; and
            (D) by inserting ``any felony violation of the Foreign 
        Agents Registration Act of 1938,'' before ``or any felony 
        violation of the Foreign Corrupt Practices Act''.

SEC. 316. ANTI-TERRORIST FORFEITURE PROTECTION.

    (a) Right to Contest.--An owner of property that is confiscated 
under any provision of law relating to the confiscation of assets of 
suspected international terrorists, may contest that confiscation by 
filing a claim in the manner set forth in the Federal Rules of Civil 
Procedure (Supplemental Rules for Certain Admiralty and Maritime 
Claims), and asserting as an affirmative defense that--
        (1) the property is not subject to confiscation under such 
    provision of law; or
        (2) the innocent owner provisions of section 983(d) of title 
    18, United States Code, apply to the case.
    (b) Evidence.--In considering a claim filed under this section, a 
court may admit evidence that is otherwise inadmissible under the 
Federal Rules of Evidence, if the court determines that the evidence is 
reliable, and that compliance with the Federal Rules of Evidence may 
jeopardize the national security interests of the United States.
    (c) Clarifications.--
        (1) Protection of rights.--The exclusion of certain provisions 
    of Federal law from the definition of the term ``civil forfeiture 
    statute'' in section 983(i) of title 18, United States Code, shall 
    not be construed to deny an owner of property the right to contest 
    the confiscation of assets of suspected international terrorists 
    under--
            (A) subsection (a) of this section;
            (B) the Constitution; or
            (C) subchapter II of chapter 5 of title 5, United States 
        Code (commonly known as the ``Administrative Procedure Act'').
        (2) Savings clause.--Nothing in this section shall limit or 
    otherwise affect any other remedies that may be available to an 
    owner of property under section 983 of title 18, United States 
    Code, or any other provision of law.
    (d) Technical Correction.--Section 983(i)(2)(D) of title 18, United 
States Code, is amended by inserting ``or the International Emergency 
Economic Powers Act (IEEPA) (50 U.S.C. 1701 et seq.)'' before the 
semicolon.

SEC. 317. LONG-ARM JURISDICTION OVER FOREIGN MONEY LAUNDERERS.

    Section 1956(b) of title 18, United States Code, is amended--
        (1) by redesignating paragraphs (1) and (2) as subparagraphs 
    (A) and (B), respectively, and moving the margins 2 ems to the 
    right;
        (2) by inserting after ``(b)'' the following: ``Penalties.--
        ``(1) In general.--'';
        (3) by inserting ``, or section 1957'' after ``or (a)(3)''; and
        (4) by adding at the end the following:
        ``(2) Jurisdiction over foreign persons.--For purposes of 
    adjudicating an action filed or enforcing a penalty ordered under 
    this section, the district courts shall have jurisdiction over any 
    foreign person, including any financial institution authorized 
    under the laws of a foreign country, against whom the action is 
    brought, if service of process upon the foreign person is made 
    under the Federal Rules of Civil Procedure or the laws of the 
    country in which the foreign person is found, and--
            ``(A) the foreign person commits an offense under 
        subsection (a) involving a financial transaction that occurs in 
        whole or in part in the United States;
            ``(B) the foreign person converts, to his or her own use, 
        property in which the United States has an ownership interest 
        by virtue of the entry of an order of forfeiture by a court of 
        the United States; or
            ``(C) the foreign person is a financial institution that 
        maintains a bank account at a financial institution in the 
        United States.
        ``(3) Court authority over assets.--A court described in 
    paragraph (2) may issue a pretrial restraining order or take any 
    other action necessary to ensure that any bank account or other 
    property held by the defendant in the United States is available to 
    satisfy a judgment under this section.
        ``(4) Federal receiver.--
            ``(A) In general.--A court described in paragraph (2) may 
        appoint a Federal Receiver, in accordance with subparagraph (B) 
        of this paragraph, to collect, marshal, and take custody, 
        control, and possession of all assets of the defendant, 
        wherever located, to satisfy a civil judgment under this 
        subsection, a forfeiture judgment under section 981 or 982, or 
        a criminal sentence under section 1957 or subsection (a) of 
        this section, including an order of restitution to any victim 
        of a specified unlawful activity.
            ``(B) Appointment and authority.--A Federal Receiver 
        described in subparagraph (A)--
                ``(i) may be appointed upon application of a Federal 
            prosecutor or a Federal or State regulator, by the court 
            having jurisdiction over the defendant in the case;
                ``(ii) shall be an officer of the court, and the powers 
            of the Federal Receiver shall include the powers set out in 
            section 754 of title 28, United States Code; and
                ``(iii) shall have standing equivalent to that of a 
            Federal prosecutor for the purpose of submitting requests 
            to obtain information regarding the assets of the 
            defendant--

                    ``(I) from the Financial Crimes Enforcement Network 
                of the Department of the Treasury; or
                    ``(II) from a foreign country pursuant to a mutual 
                legal assistance treaty, multilateral agreement, or 
                other arrangement for international law enforcement 
                assistance, provided that such requests are in 
                accordance with the policies and procedures of the 
                Attorney General.''.

SEC. 318. LAUNDERING MONEY THROUGH A FOREIGN BANK.

    Section 1956(c) of title 18, United States Code, is amended by 
striking paragraph (6) and inserting the following:
        ``(6) the term `financial institution' includes--
            ``(A) any financial institution, as defined in section 
        5312(a)(2) of title 31, United States Code, or the regulations 
        promulgated thereunder; and
            ``(B) any foreign bank, as defined in section 1 of the 
        International Banking Act of 1978 (12 U.S.C. 3101).''.

SEC. 319. FORFEITURE OF FUNDS IN UNITED STATES INTERBANK ACCOUNTS.

    (a) Forfeiture From United States Interbank Account.--Section 981 
of title 18, United States Code, is amended by adding at the end the 
following:
    ``(k) Interbank Accounts.--
        ``(1) In general.--
            ``(A) In general.--For the purpose of a forfeiture under 
        this section or under the Controlled Substances Act (21 U.S.C. 
        801 et seq.), if funds are deposited into an account at a 
        foreign bank, and that foreign bank has an interbank account in 
        the United States with a covered financial institution (as 
        defined in section 5318(j)(1) of title 31), the funds shall be 
        deemed to have been deposited into the interbank account in the 
        United States, and any restraining order, seizure warrant, or 
        arrest warrant in rem regarding the funds may be served on the 
        covered financial institution, and funds in the interbank 
        account, up to the value of the funds deposited into the 
        account at the foreign bank, may be restrained, seized, or 
        arrested.
            ``(B) Authority to suspend.--The Attorney General, in 
        consultation with the Secretary of the Treasury, may suspend or 
        terminate a forfeiture under this section if the Attorney 
        General determines that a conflict of law exists between the 
        laws of the jurisdiction in which the foreign bank is located 
        and the laws of the United States with respect to liabilities 
        arising from the restraint, seizure, or arrest of such funds, 
        and that such suspension or termination would be in the 
        interest of justice and would not harm the national interests 
        of the United States.
        ``(2) No requirement for government to trace funds.--If a 
    forfeiture action is brought against funds that are restrained, 
    seized, or arrested under paragraph (1), it shall not be necessary 
    for the Government to establish that the funds are directly 
    traceable to the funds that were deposited into the foreign bank, 
    nor shall it be necessary for the Government to rely on the 
    application of section 984.
        ``(3) Claims brought by owner of the funds.--If a forfeiture 
    action is instituted against funds restrained, seized, or arrested 
    under paragraph (1), the owner of the funds deposited into the 
    account at the foreign bank may contest the forfeiture by filing a 
    claim under section 983.
        ``(4) Definitions.--For purposes of this subsection, the 
    following definitions shall apply:
            ``(A) Interbank account.--The term `interbank account' has 
        the same meaning as in section 984(c)(2)(B).
            ``(B) Owner.--
                ``(i) In general.--Except as provided in clause (ii), 
            the term `owner'--

                    ``(I) means the person who was the owner, as that 
                term is defined in section 983(d)(6), of the funds that 
                were deposited into the foreign bank at the time such 
                funds were deposited; and
                    ``(II) does not include either the foreign bank or 
                any financial institution acting as an intermediary in 
                the transfer of the funds into the interbank account.

                ``(ii) Exception.--The foreign bank may be considered 
            the `owner' of the funds (and no other person shall qualify 
            as the owner of such funds) only if--

                    ``(I) the basis for the forfeiture action is 
                wrongdoing committed by the foreign bank; or
                    ``(II) the foreign bank establishes, by a 
                preponderance of the evidence, that prior to the 
                restraint, seizure, or arrest of the funds, the foreign 
                bank had discharged all or part of its obligation to 
                the prior owner of the funds, in which case the foreign 
                bank shall be deemed the owner of the funds to the 
                extent of such discharged obligation.''.

    (b) Bank Records.--Section 5318 of title 31, United States Code, as 
amended by this title, is amended by adding at the end the following:
    ``(k) Bank Records Related to Anti-Money Laundering Programs.--
        ``(1) Definitions.--For purposes of this subsection, the 
    following definitions shall apply:
            ``(A) Appropriate federal banking agency.--The term 
        `appropriate Federal banking agency' has the same meaning as in 
        section 3 of the Federal Deposit Insurance Act (12 U.S.C. 
        1813).
            ``(B) Incorporated term.--The term `correspondent account' 
        has the same meaning as in section 5318A(f)(1)(B).
        ``(2) 120-hour rule.--Not later than 120 hours after receiving 
    a request by an appropriate Federal banking agency for information 
    related to anti-money laundering compliance by a covered financial 
    institution or a customer of such institution, a covered financial 
    institution shall provide to the appropriate Federal banking 
    agency, or make available at a location specified by the 
    representative of the appropriate Federal banking agency, 
    information and account documentation for any account opened, 
    maintained, administered or managed in the United States by the 
    covered financial institution.
        ``(3) Foreign bank records.--
            ``(A) Summons or subpoena of records.--
                ``(i) In general.--The Secretary of the Treasury or the 
            Attorney General may issue a summons or subpoena to any 
            foreign bank that maintains a correspondent account in the 
            United States and request records related to such 
            correspondent account, including records maintained outside 
            of the United States relating to the deposit of funds into 
            the foreign bank.
                ``(ii) Service of summons or subpoena.--A summons or 
            subpoena referred to in clause (i) may be served on the 
            foreign bank in the United States if the foreign bank has a 
            representative in the United States, or in a foreign 
            country pursuant to any mutual legal assistance treaty, 
            multilateral agreement, or other request for international 
            law enforcement assistance.
            ``(B) Acceptance of service.--
                ``(i) Maintaining records in the united states.--Any 
            covered financial institution which maintains a 
            correspondent account in the United States for a foreign 
            bank shall maintain records in the United States 
            identifying the owners of such foreign bank and the name 
            and address of a person who resides in the United States 
            and is authorized to accept service of legal process for 
            records regarding the correspondent account.
                ``(ii) Law enforcement request.--Upon receipt of a 
            written request from a Federal law enforcement officer for 
            information required to be maintained under this paragraph, 
            the covered financial institution shall provide the 
            information to the requesting officer not later than 7 days 
            after receipt of the request.
            ``(C) Termination of correspondent relationship.--
                ``(i) Termination upon receipt of notice.--A covered 
            financial institution shall terminate any correspondent 
            relationship with a foreign bank not later than 10 business 
            days after receipt of written notice from the Secretary or 
            the Attorney General (in each case, after consultation with 
            the other) that the foreign bank has failed--

                    ``(I) to comply with a summons or subpoena issued 
                under subparagraph (A); or
                    ``(II) to initiate proceedings in a United States 
                court contesting such summons or subpoena.

                ``(ii) Limitation on liability.--A covered financial 
            institution shall not be liable to any person in any court 
            or arbitration proceeding for terminating a correspondent 
            relationship in accordance with this subsection.
                ``(iii) Failure to terminate relationship.--Failure to 
            terminate a correspondent relationship in accordance with 
            this subsection shall render the covered financial 
            institution liable for a civil penalty of up to $10,000 per 
            day until the correspondent relationship is so 
            terminated.''.
    (c) Grace Period.--Financial institutions shall have 60 days from 
the date of enactment of this Act to comply with the provisions of 
section 5318(k) of title 31, United States Code, as added by this 
section.
    (d) Authority To Order Convicted Criminal To Return Property 
Located Abroad.--
        (1) Forfeiture of substitute property.--Section 413(p) of the 
    Controlled Substances Act (21 U.S.C. 853) is amended to read as 
    follows:
    ``(p) Forfeiture of Substitute Property.--
        ``(1) In general.--Paragraph (2) of this subsection shall 
    apply, if any property described in subsection (a), as a result of 
    any act or omission of the defendant--
            ``(A) cannot be located upon the exercise of due diligence;
            ``(B) has been transferred or sold to, or deposited with, a 
        third party;
            ``(C) has been placed beyond the jurisdiction of the court;
            ``(D) has been substantially diminished in value; or
            ``(E) has been commingled with other property which cannot 
        be divided without difficulty.
        ``(2) Substitute property.--In any case described in any of 
    subparagraphs (A) through (E) of paragraph (1), the court shall 
    order the forfeiture of any other property of the defendant, up to 
    the value of any property described in subparagraphs (A) through 
    (E) of paragraph (1), as applicable.
        ``(3) Return of property to jurisdiction.--In the case of 
    property described in paragraph (1)(C), the court may, in addition 
    to any other action authorized by this subsection, order the 
    defendant to return the property to the jurisdiction of the court 
    so that the property may be seized and forfeited.''.
        (2) Protective orders.--Section 413(e) of the Controlled 
    Substances Act (21 U.S.C. 853(e)) is amended by adding at the end 
    the following:
        ``(4) Order to repatriate and deposit.--
            ``(A) In general.--Pursuant to its authority to enter a 
        pretrial restraining order under this section, the court may 
        order a defendant to repatriate any property that may be seized 
        and forfeited, and to deposit that property pending trial in 
        the registry of the court, or with the United States Marshals 
        Service or the Secretary of the Treasury, in an interest-
        bearing account, if appropriate.
            ``(B) Failure to comply.--Failure to comply with an order 
        under this subsection, or an order to repatriate property under 
        subsection (p), shall be punishable as a civil or criminal 
        contempt of court, and may also result in an enhancement of the 
        sentence of the defendant under the obstruction of justice 
        provision of the Federal Sentencing Guidelines.''.

SEC. 320. PROCEEDS OF FOREIGN CRIMES.

    Section 981(a)(1)(B) of title 18, United States Code, is amended to 
read as follows:
        ``(B) Any property, real or personal, within the jurisdiction 
    of the United States, constituting, derived from, or traceable to, 
    any proceeds obtained directly or indirectly from an offense 
    against a foreign nation, or any property used to facilitate such 
    an offense, if the offense--
            ``(i) involves the manufacture, importation, sale, or 
        distribution of a controlled substance (as that term is defined 
        for purposes of the Controlled Substances Act), or any other 
        conduct described in section 1956(c)(7)(B);
            ``(ii) would be punishable within the jurisdiction of the 
        foreign nation by death or imprisonment for a term exceeding 1 
        year; and
            ``(iii) would be punishable under the laws of the United 
        States by imprisonment for a term exceeding 1 year, if the act 
        or activity constituting the offense had occurred within the 
        jurisdiction of the United States.''.

SEC. 321. FINANCIAL INSTITUTIONS SPECIFIED IN SUBCHAPTER II OF CHAPTER 
              53 OF TITLE 31, UNITED STATES CODE.

    (a) Credit Unions.--Subparagraph (E) of section 5312(2) of title 
31, United States Code, is amended to read as follows:
            ``(E) any credit union;''.
    (b) Futures Commission Merchant; Commodity Trading Advisor; 
Commodity Pool Operator.--Section 5312 of title 31, United States Code, 
is amended by adding at the end the following new subsection:
    ``(c) Additional Definitions.--For purposes of this subchapter, the 
following definitions shall apply:
        ``(1) Certain institutions included in definition.--The term 
    `financial institution' (as defined in subsection (a)) includes the 
    following:
            ``(A) Any futures commission merchant, commodity trading 
        advisor, or commodity pool operator registered, or required to 
        register, under the Commodity Exchange Act.''.
    (c) CFTC Included.--For purposes of this Act and any amendment made 
by this Act to any other provision of law, the term ``Federal 
functional regulator'' includes the Commodity Futures Trading 
Commission.

SEC. 322. CORPORATION REPRESENTED BY A FUGITIVE.

    Section 2466 of title 18, United States Code, is amended by 
designating the present matter as subsection (a), and adding at the end 
the following:
    ``(b) Subsection (a) may be applied to a claim filed by a 
corporation if any majority shareholder, or individual filing the claim 
on behalf of the corporation is a person to whom subsection (a) 
applies.''.

SEC. 323. ENFORCEMENT OF FOREIGN JUDGMENTS.

    Section 2467 of title 28, United States Code, is amended--
        (1) in subsection (d), by adding the following after paragraph 
    (2):
        ``(3) Preservation of property.--
            ``(A) In general.--To preserve the availability of property 
        subject to a foreign forfeiture or confiscation judgment, the 
        Government may apply for, and the court may issue, a 
        restraining order pursuant to section 983(j) of title 18, at 
        any time before or after an application is filed pursuant to 
        subsection (c)(1) of this section.
            ``(B) Evidence.--The court, in issuing a restraining order 
        under subparagraph (A)--
                ``(i) may rely on information set forth in an affidavit 
            describing the nature of the proceeding or investigation 
            underway in the foreign country, and setting forth a 
            reasonable basis to believe that the property to be 
            restrained will be named in a judgment of forfeiture at the 
            conclusion of such proceeding; or
                ``(ii) may register and enforce a restraining order 
            that has been issued by a court of competent jurisdiction 
            in the foreign country and certified by the Attorney 
            General pursuant to subsection (b)(2).
            ``(C) Limit on grounds for objection.--No person may object 
        to a restraining order under subparagraph (A) on any ground 
        that is the subject of parallel litigation involving the same 
        property that is pending in a foreign court.'';
        (2) in subsection (b)(1)(C), by striking ``establishing that 
    the defendant received notice of the proceedings in sufficient time 
    to enable the defendant'' and inserting ``establishing that the 
    foreign nation took steps, in accordance with the principles of due 
    process, to give notice of the proceedings to all persons with an 
    interest in the property in sufficient time to enable such 
    persons'';
        (3) in subsection (d)(1)(D), by striking ``the defendant in the 
    proceedings in the foreign court did not receive notice'' and 
    inserting ``the foreign nation did not take steps, in accordance 
    with the principles of due process, to give notice of the 
    proceedings to a person with an interest in the property''; and
        (4) in subsection (a)(2)(A), by inserting ``, any violation of 
    foreign law that would constitute a violation or an offense for 
    which property could be forfeited under Federal law if the offense 
    were committed in the United States'' after ``United Nations 
    Convention''.

SEC. 324. REPORT AND RECOMMENDATION.

    Not later than 30 months after the date of enactment of this Act, 
the Secretary, in consultation with the Attorney General, the Federal 
banking agencies (as defined at section 3 of the Federal Deposit 
Insurance Act), the National Credit Union Administration Board, the 
Securities and Exchange Commission, and such other agencies as the 
Secretary may determine, at the discretion of the Secretary, shall 
evaluate the operations of the provisions of this subtitle and make 
recommendations to Congress as to any legislative action with respect 
to this subtitle as the Secretary may determine to be necessary or 
advisable.

SEC. 325. CONCENTRATION ACCOUNTS AT FINANCIAL INSTITUTIONS.

    Section 5318(h) of title 31, United States Code, as amended by 
section 202 of this title, is amended by adding at the end the 
following:
        ``(3) Concentration accounts.--The Secretary may prescribe 
    regulations under this subsection that govern maintenance of 
    concentration accounts by financial institutions, in order to 
    ensure that such accounts are not used to prevent association of 
    the identity of an individual customer with the movement of funds 
    of which the customer is the direct or beneficial owner, which 
    regulations shall, at a minimum--
            ``(A) prohibit financial institutions from allowing clients 
        to direct transactions that move their funds into, out of, or 
        through the concentration accounts of the financial 
        institution;
            ``(B) prohibit financial institutions and their employees 
        from informing customers of the existence of, or the means of 
        identifying, the concentration accounts of the institution; and
            ``(C) require each financial institution to establish 
        written procedures governing the documentation of all 
        transactions involving a concentration account, which 
        procedures shall ensure that, any time a transaction involving 
        a concentration account commingles funds belonging to 1 or more 
        customers, the identity of, and specific amount belonging to, 
        each customer is documented.''.

SEC. 326. VERIFICATION OF IDENTIFICATION.

    (a) In General.--Section 5318 of title 31, United States Code, as 
amended by this title, is amended by adding at the end the following:
    ``(l) Identification and Verification of Accountholders.--
        ``(1) In general.--Subject to the requirements of this 
    subsection, the Secretary of the Treasury shall prescribe 
    regulations setting forth the minimum standards for financial 
    institutions and their customers regarding the identity of the 
    customer that shall apply in connection with the opening of an 
    account at a financial institution.
        ``(2) Minimum requirements.--The regulations shall, at a 
    minimum, require financial institutions to implement, and customers 
    (after being given adequate notice) to comply with, reasonable 
    procedures for--
            ``(A) verifying the identity of any person seeking to open 
        an account to the extent reasonable and practicable;
            ``(B) maintaining records of the information used to verify 
        a person's identity, including name, address, and other 
        identifying information; and
            ``(C) consulting lists of known or suspected terrorists or 
        terrorist organizations provided to the financial institution 
        by any government agency to determine whether a person seeking 
        to open an account appears on any such list.
        ``(3) Factors to be considered.--In prescribing regulations 
    under this subsection, the Secretary shall take into consideration 
    the various types of accounts maintained by various types of 
    financial institutions, the various methods of opening accounts, 
    and the various types of identifying information available.
        ``(4) Certain financial institutions.--In the case of any 
    financial institution the business of which is engaging in 
    financial activities described in section 4(k) of the Bank Holding 
    Company Act of 1956 (including financial activities subject to the 
    jurisdiction of the Commodity Futures Trading Commission), the 
    regulations prescribed by the Secretary under paragraph (1) shall 
    be prescribed jointly with each Federal functional regulator (as 
    defined in section 509 of the Gramm-Leach-Bliley Act, including the 
    Commodity Futures Trading Commission) appropriate for such 
    financial institution.
        ``(5) Exemptions.--The Secretary (and, in the case of any 
    financial institution described in paragraph (4), any Federal 
    agency described in such paragraph) may, by regulation or order, 
    exempt any financial institution or type of account from the 
    requirements of any regulation prescribed under this subsection in 
    accordance with such standards and procedures as the Secretary may 
    prescribe.
        ``(6) Effective date.--Final regulations prescribed under this 
    subsection shall take effect before the end of the 1-year period 
    beginning on the date of enactment of the International Money 
    Laundering Abatement and Financial Anti-Terrorism Act of 2001.''.
    (b) Study and Report Required.--Within 6 months after the date of 
enactment of this Act, the Secretary, in consultation with the Federal 
functional regulators (as defined in section 509 of the Gramm-Leach-
Bliley Act) and other appropriate Government agencies, shall submit a 
report to the Congress containing recommendations for--
        (1) determining the most timely and effective way to require 
    foreign nationals to provide domestic financial institutions and 
    agencies with appropriate and accurate information, comparable to 
    that which is required of United States nationals, concerning the 
    identity, address, and other related information about such foreign 
    nationals necessary to enable such institutions and agencies to 
    comply with the requirements of this section;
        (2) requiring foreign nationals to apply for and obtain, before 
    opening an account with a domestic financial institution, an 
    identification number which would function similarly to a Social 
    Security number or tax identification number; and
        (3) establishing a system for domestic financial institutions 
    and agencies to review information maintained by relevant 
    Government agencies for purposes of verifying the identities of 
    foreign nationals seeking to open accounts at those institutions 
    and agencies.

SEC. 327. CONSIDERATION OF ANTI-MONEY LAUNDERING RECORD.

    (a) Bank Holding Company Act of 1956.--
        (1) In general.--Section 3(c) of the Bank Holding Company Act 
    of 1956 (12 U.S.C. 1842(c)) is amended by adding at the end the 
    following new paragraph:
        ``(6) Money laundering.--In every case, the Board shall take 
    into consideration the effectiveness of the company or companies in 
    combatting money laundering activities, including in overseas 
    branches.''.
    (2) Scope of application.--The amendment made by paragraph (1) 
shall apply with respect to any application submitted to the Board of 
Governors of the Federal Reserve System under section 3 of the Bank 
Holding Company Act of 1956 after December 31, 2001, which has not been 
approved by the Board before the date of enactment of this Act.
    (b) Mergers Subject to Review Under Federal Deposit Insurance 
Act.--
        (1) In general.--Section 18(c) of the Federal Deposit Insurance 
    Act (12 U.S.C. 1828(c)) is amended--
            (A) by redesignating paragraph (11) as paragraph (12); and
            (B) by inserting after paragraph (10), the following new 
        paragraph:
        ``(11) Money laundering.--In every case, the responsible 
    agency, shall take into consideration the effectiveness of any 
    insured depository institution involved in the proposed merger 
    transaction in combatting money laundering activities, including in 
    overseas branches.''.
        (2) Scope of application.--The amendment made by paragraph (1) 
    shall apply with respect to any application submitted to the 
    responsible agency under section 18(c) of the Federal Deposit 
    Insurance Act after December 31, 2001, which has not been approved 
    by all appropriate responsible agencies before the date of 
    enactment of this Act.

SEC. 328. INTERNATIONAL COOPERATION ON IDENTIFICATION OF ORIGINATORS OF 
              WIRE TRANSFERS.

    The Secretary shall--
        (1) in consultation with the Attorney General and the Secretary 
    of State, take all reasonable steps to encourage foreign 
    governments to require the inclusion of the name of the originator 
    in wire transfer instructions sent to the United States and other 
    countries, with the information to remain with the transfer from 
    its origination until the point of disbursement; and
        (2) report annually to the Committee on Financial Services of 
    the House of Representatives and the Committee on Banking, Housing, 
    and Urban Affairs of the Senate on--
            (A) progress toward the goal enumerated in paragraph (1), 
        as well as impediments to implementation and an estimated 
        compliance rate; and
            (B) impediments to instituting a regime in which all 
        appropriate identification, as defined by the Secretary, about 
        wire transfer recipients shall be included with wire transfers 
        from their point of origination until disbursement.

SEC. 329. CRIMINAL PENALTIES.

    Any person who is an official or employee of any department, 
agency, bureau, office, commission, or other entity of the Federal 
Government, and any other person who is acting for or on behalf of any 
such entity, who, directly or indirectly, in connection with the 
administration of this title, corruptly demands, seeks, receives, 
accepts, or agrees to receive or accept anything of value personally or 
for any other person or entity in return for--
        (1) being influenced in the performance of any official act;
        (2) being influenced to commit or aid in the committing, or to 
    collude in, or allow, any fraud, or make opportunity for the 
    commission of any fraud, on the United States; or
        (3) being induced to do or omit to do any act in violation of 
    the official duty of such official or person,
shall be fined in an amount not more than 3 times the monetary 
equivalent of the thing of value, or imprisoned for not more than 15 
years, or both. A violation of this section shall be subject to chapter 
227 of title 18, United States Code, and the provisions of the United 
States Sentencing Guidelines.

SEC. 330. INTERNATIONAL COOPERATION IN INVESTIGATIONS OF MONEY 
              LAUNDERING, FINANCIAL CRIMES, AND THE FINANCES OF 
              TERRORIST GROUPS.

  (a) Negotiations.--It is the sense of the Congress that the President 
should direct the Secretary of State, the Attorney General, or the 
Secretary of the Treasury, as appropriate, and in consultation with the 
Board of Governors of the Federal Reserve System, to seek to enter into 
negotiations with the appropriate financial supervisory agencies and 
other officials of any foreign country the financial institutions of 
which do business with United States financial institutions or which 
may be utilized by any foreign terrorist organization (as designated 
under section 219 of the Immigration and Nationality Act), any person 
who is a member or representative of any such organization, or any 
person engaged in money laundering or financial or other crimes.
    (b) Purposes of Negotiations.--It is the sense of the Congress 
that, in carrying out any negotiations described in paragraph (1), the 
President should direct the Secretary of State, the Attorney General, 
or the Secretary of the Treasury, as appropriate, to seek to enter into 
and further cooperative efforts, voluntary information exchanges, the 
use of letters rogatory, mutual legal assistance treaties, and 
international agreements to--
        (1) ensure that foreign banks and other financial institutions 
    maintain adequate records of transaction and account information 
    relating to any foreign terrorist organization (as designated under 
    section 219 of the Immigration and Nationality Act), any person who 
    is a member or representative of any such organization, or any 
    person engaged in money laundering or financial or other crimes; 
    and
      (2) establish a mechanism whereby such records may be made 
    available to United States law enforcement officials and domestic 
    financial institution supervisors, when appropriate.

    Subtitle B--Bank Secrecy Act Amendments and Related Improvements

SEC. 351. AMENDMENTS RELATING TO REPORTING OF SUSPICIOUS ACTIVITIES.

    (a) Amendment Relating to Civil Liability Immunity for 
Disclosures.--Section 5318(g)(3) of title 31, United States Code, is 
amended to read as follows:
        ``(3) Liability for disclosures.--
            ``(A) In general.--Any financial institution that makes a 
        voluntary disclosure of any possible violation of law or 
        regulation to a government agency or makes a disclosure 
        pursuant to this subsection or any other authority, and any 
        director, officer, employee, or agent of such institution who 
        makes, or requires another to make any such disclosure, shall 
        not be liable to any person under any law or regulation of the 
        United States, any constitution, law, or regulation of any 
        State or political subdivision of any State, or under any 
        contract or other legally enforceable agreement (including any 
        arbitration agreement), for such disclosure or for any failure 
        to provide notice of such disclosure to the person who is the 
        subject of such disclosure or any other person identified in 
        the disclosure.
            ``(B) Rule of construction.--Subparagraph (A) shall not be 
        construed as creating--
                ``(i) any inference that the term `person', as used in 
            such subparagraph, may be construed more broadly than its 
            ordinary usage so as to include any government or agency of 
            government; or
                ``(ii) any immunity against, or otherwise affecting, 
            any civil or criminal action brought by any government or 
            agency of government to enforce any constitution, law, or 
            regulation of such government or agency.''.
    (b) Prohibition on Notification of Disclosures.--Section 5318(g)(2) 
of title 31, United States Code, is amended to read as follows:
        ``(2) Notification prohibited.--
            ``(A) In general.--If a financial institution or any 
        director, officer, employee, or agent of any financial 
        institution, voluntarily or pursuant to this section or any 
        other authority, reports a suspicious transaction to a 
        government agency--
                ``(i) the financial institution, director, officer, 
            employee, or agent may not notify any person involved in 
            the transaction that the transaction has been reported; and
                ``(ii) no officer or employee of the Federal Government 
            or of any State, local, tribal, or territorial government 
            within the United States, who has any knowledge that such 
            report was made may disclose to any person involved in the 
            transaction that the transaction has been reported, other 
            than as necessary to fulfill the official duties of such 
            officer or employee.
            ``(B) Disclosures in certain employment references.--
                ``(i) Rule of construction.--Notwithstanding the 
            application of subparagraph (A) in any other context, 
            subparagraph (A) shall not be construed as prohibiting any 
            financial institution, or any director, officer, employee, 
            or agent of such institution, from including information 
            that was included in a report to which subparagraph (A) 
            applies--

                    ``(I) in a written employment reference that is 
                provided in accordance with section 18(w) of the 
                Federal Deposit Insurance Act in response to a request 
                from another financial institution; or
                    ``(II) in a written termination notice or 
                employment reference that is provided in accordance 
                with the rules of a self-regulatory organization 
                registered with the Securities and Exchange Commission 
                or the Commodity Futures Trading Commission,

            except that such written reference or notice may not 
            disclose that such information was also included in any 
            such report, or that such report was made.
                ``(ii) Information not required.--Clause (i) shall not 
            be construed, by itself, to create any affirmative duty to 
            include any information described in clause (i) in any 
            employment reference or termination notice referred to in 
            clause (i).''.

SEC. 352. ANTI-MONEY LAUNDERING PROGRAMS.

    (a) In General.--Section 5318(h) of title 31, United States Code, 
is amended to read as follows:
    ``(h) Anti-money Laundering Programs.--
        ``(1) In general.--In order to guard against money laundering 
    through financial institutions, each financial institution shall 
    establish anti-money laundering programs, including, at a minimum--
            ``(A) the development of internal policies, procedures, and 
        controls;
            ``(B) the designation of a compliance officer;
            ``(C) an ongoing employee training program; and
            ``(D) an independent audit function to test programs.
        ``(2) Regulations.--The Secretary of the Treasury, after 
    consultation with the appropriate Federal functional regulator (as 
    defined in section 509 of the Gramm-Leach-Bliley Act), may 
    prescribe minimum standards for programs established under 
    paragraph (1), and may exempt from the application of those 
    standards any financial institution that is not subject to the 
    provisions of the rules contained in part 103 of title 31, of the 
    Code of Federal Regulations, or any successor rule thereto, for so 
    long as such financial institution is not subject to the provisions 
    of such rules.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect at the end of the 180-day period beginning on the date of 
enactment of this Act.
    (c) Date of Application of Regulations; Factors to Be Taken Into 
Account.--Before the end of the 180-day period beginning on the date of 
enactment of this Act, the Secretary shall prescribe regulations that 
consider the extent to which the requirements imposed under this 
section are commensurate with the size, location, and activities of the 
financial institutions to which such regulations apply.

SEC. 353. PENALTIES FOR VIOLATIONS OF GEOGRAPHIC TARGETING ORDERS AND 
              CERTAIN RECORDKEEPING REQUIREMENTS, AND LENGTHENING 
              EFFECTIVE PERIOD OF GEOGRAPHIC TARGETING ORDERS.

    (a) Civil Penalty for Violation of Targeting Order.--Section 
5321(a)(1) of title 31, United States Code, is amended--
        (1) by inserting ``or order issued'' after ``subchapter or a 
    regulation prescribed''; and
        (2) by inserting ``, or willfully violating a regulation 
    prescribed under section 21 of the Federal Deposit Insurance Act or 
    section 123 of Public Law 91-508,'' after ``sections 5314 and 
    5315)''.
    (b) Criminal Penalties for Violation of Targeting Order.--Section 
5322 of title 31, United States Code, is amended--
        (1) in subsection (a)--
            (A) by inserting ``or order issued'' after ``willfully 
        violating this subchapter or a regulation prescribed''; and
            (B) by inserting ``, or willfully violating a regulation 
        prescribed under section 21 of the Federal Deposit Insurance 
        Act or section 123 of Public Law 91-508,'' after ``under 
        section 5315 or 5324)''; and
        (2) in subsection (b)--
            (A) by inserting ``or order issued'' after ``willfully 
        violating this subchapter or a regulation prescribed''; and
            (B) by inserting ``or willfully violating a regulation 
        prescribed under section 21 of the Federal Deposit Insurance 
        Act or section 123 of Public Law 91-508,'' after ``under 
        section 5315 or 5324),''.
    (c) Structuring Transactions To Evade Targeting Order or Certain 
Recordkeeping Requirements.--Section 5324(a) of title 31, United States 
Code, is amended--
        (1) by inserting a comma after ``shall'';
        (2) by striking ``section--'' and inserting ``section, the 
    reporting or recordkeeping requirements imposed by any order issued 
    under section 5326, or the recordkeeping requirements imposed by 
    any regulation prescribed under section 21 of the Federal Deposit 
    Insurance Act or section 123 of Public Law 91-508--'';
        (3) in paragraph (1), by inserting ``, to file a report or to 
    maintain a record required by an order issued under section 5326, 
    or to maintain a record required pursuant to any regulation 
    prescribed under section 21 of the Federal Deposit Insurance Act or 
    section 123 of Public Law 91-508'' after ``regulation prescribed 
    under any such section''; and
        (4) in paragraph (2), by inserting ``, to file a report or to 
    maintain a record required by any order issued under section 5326, 
    or to maintain a record required pursuant to any regulation 
    prescribed under section 5326, or to maintain a record required 
    pursuant to any regulation prescribed under section 21 of the 
    Federal Deposit Insurance Act or section 123 of Public Law 91-
    508,'' after ``regulation prescribed under any such section''.
    (d) Lengthening Effective Period of Geographic Targeting Orders.--
Section 5326(d) of title 31, United States Code, is amended by striking 
``more than 60'' and inserting ``more than 180''.

SEC. 354. ANTI-MONEY LAUNDERING STRATEGY.

    Section 5341(b) of title 31, United States Code, is amended by 
adding at the end the following:
        ``(12) Data regarding funding of terrorism.--Data concerning 
    money laundering efforts related to the funding of acts of 
    international terrorism, and efforts directed at the prevention, 
    detection, and prosecution of such funding.''.

SEC. 355. AUTHORIZATION TO INCLUDE SUSPICIONS OF ILLEGAL ACTIVITY IN 
              WRITTEN EMPLOYMENT REFERENCES.

    Section 18 of the Federal Deposit Insurance Act (12 U.S.C. 1828) is 
amended by adding at the end the following:
    ``(w) Written Employment References May Contain Suspicions of 
Involvement in Illegal Activity.--
        ``(1) Authority to disclose information.--Notwithstanding any 
    other provision of law, any insured depository institution, and any 
    director, officer, employee, or agent of such institution, may 
    disclose in any written employment reference relating to a current 
    or former institution-affiliated party of such institution which is 
    provided to another insured depository institution in response to a 
    request from such other institution, information concerning the 
    possible involvement of such institution-affiliated party in 
    potentially unlawful activity.
        ``(2) Information not required.--Nothing in paragraph (1) shall 
    be construed, by itself, to create any affirmative duty to include 
    any information described in paragraph (1) in any employment 
    reference referred to in paragraph (1).
        ``(3) Malicious intent.--Notwithstanding any other provision of 
    this subsection, voluntary disclosure made by an insured depository 
    institution, and any director, officer, employee, or agent of such 
    institution under this subsection concerning potentially unlawful 
    activity that is made with malicious intent, shall not be shielded 
    from liability from the person identified in the disclosure.
        ``(4) Definition.--For purposes of this subsection, the term 
    `insured depository institution' includes any uninsured branch or 
    agency of a foreign bank.''.

SEC. 356. REPORTING OF SUSPICIOUS ACTIVITIES BY SECURITIES BROKERS AND 
              DEALERS; INVESTMENT COMPANY STUDY.

    (a) Deadline for Suspicious Activity Reporting Requirements for 
Registered Brokers and Dealers.--The Secretary, after consultation with 
the Securities and Exchange Commission and the Board of Governors of 
the Federal Reserve System, shall publish proposed regulations in the 
Federal Register before January 1, 2002, requiring brokers and dealers 
registered with the Securities and Exchange Commission under the 
Securities Exchange Act of 1934 to submit suspicious activity reports 
under section 5318(g) of title 31, United States Code. Such regulations 
shall be published in final form not later than July 1, 2002.
    (b) Suspicious Activity Reporting Requirements For Futures 
Commission Merchants, Commodity Trading Advisors, and Commodity Pool 
Operators.--The Secretary, in consultation with the Commodity Futures 
Trading Commission, may prescribe regulations requiring futures 
commission merchants, commodity trading advisors, and commodity pool 
operators registered under the Commodity Exchange Act to submit 
suspicious activity reports under section 5318(g) of title 31, United 
States Code.
    (c) Report on Investment Companies.--
        (1) In general.--Not later than 1 year after the date of 
    enactment of this Act, the Secretary, the Board of Governors of the 
    Federal Reserve System, and the Securities and Exchange Commission 
    shall jointly submit a report to the Congress on recommendations 
    for effective regulations to apply the requirements of subchapter 
    II of chapter 53 of title 31, United States Code, to investment 
    companies pursuant to section 5312(a)(2)(I) of title 31, United 
    States Code.
        (2) Definition.--For purposes of this subsection, the term 
    ``investment company''--
            (A) has the same meaning as in section 3 of the Investment 
        Company Act of 1940 (15 U.S.C. 80a-3); and
            (B) includes any person that, but for the exceptions 
        provided for in paragraph (1) or (7) of section 3(c) of the 
        Investment Company Act of 1940 (15 U.S.C. 80a-3(c)), would be 
        an investment company.
        (3) Additional recommendations.--The report required by 
    paragraph (1) may make different recommendations for different 
    types of entities covered by this subsection.
        (4) Beneficial ownership of personal holding companies.--The 
    report described in paragraph (1) shall also include 
    recommendations as to whether the Secretary should promulgate 
    regulations to treat any corporation or business or other grantor 
    trust whose assets are predominantly securities, bank certificates 
    of deposit, or other securities or investment instruments (other 
    than such as relate to operating subsidiaries of such corporation 
    or trust) and that has 5 or fewer common shareholders or holders of 
    beneficial or other equity interest, as a financial institution 
    within the meaning of that phrase in section 5312(a)(2)(I) and 
    whether to require such corporations or trusts to disclose their 
    beneficial owners when opening accounts or initiating funds 
    transfers at any domestic financial institution.

SEC. 357. SPECIAL REPORT ON ADMINISTRATION OF BANK SECRECY PROVISIONS.

    (a) Report Required.--Not later than 6 months after the date of 
enactment of this Act, the Secretary shall submit a report to the 
Congress relating to the role of the Internal Revenue Service in the 
administration of subchapter II of chapter 53 of title 31, United 
States Code (commonly known as the ``Bank Secrecy Act'').
    (b) Contents.--The report required by subsection (a)--
        (1) shall specifically address, and contain recommendations 
    concerning--
            (A) whether it is advisable to shift the processing of 
        information reporting to the Department of the Treasury under 
        the Bank Secrecy Act provisions to facilities other than those 
        managed by the Internal Revenue Service; and
            (B) whether it remains reasonable and efficient, in light 
        of the objective of both anti-money-laundering programs and 
        Federal tax administration, for the Internal Revenue Service to 
        retain authority and responsibility for audit and examination 
        of the compliance of money services businesses and gaming 
        institutions with those Bank Secrecy Act provisions; and
        (2) shall, if the Secretary determines that the information 
    processing responsibility or the audit and examination 
    responsibility of the Internal Revenue Service, or both, with 
    respect to those Bank Secrecy Act provisions should be transferred 
    to other agencies, include the specific recommendations of the 
    Secretary regarding the agency or agencies to which any such 
    function should be transferred, complete with a budgetary and 
    resources plan for expeditiously accomplishing the transfer.

SEC. 358. BANK SECRECY PROVISIONS AND ACTIVITIES OF UNITED STATES 
              INTELLIGENCE AGENCIES TO FIGHT INTERNATIONAL TERRORISM.

    (a) Amendment Relating to the Purposes of Chapter 53 of Title 31, 
United States Code.--Section 5311 of title 31, United States Code, is 
amended by inserting before the period at the end the following: ``, or 
in the conduct of intelligence or counterintelligence activities, 
including analysis, to protect against international terrorism''.
    (b) Amendment Relating to Reporting of Suspicious Activities.--
Section 5318(g)(4)(B) of title 31, United States Code, is amended by 
striking ``or supervisory agency'' and inserting ``, supervisory 
agency, or United States intelligence agency for use in the conduct of 
intelligence or counterintelligence activities, including analysis, to 
protect against international terrorism''.
    (c) Amendment Relating to Availability of Reports.--Section 5319 of 
title 31, United States Code, is amended to read as follows:

``Sec. 5319. Availability of reports

    ``The Secretary of the Treasury shall make information in a report 
filed under this subchapter available to an agency, including any State 
financial institutions supervisory agency, United States intelligence 
agency or self-regulatory organization registered with the Securities 
and Exchange Commission or the Commodity Futures Trading Commission, 
upon request of the head of the agency or organization. The report 
shall be available for a purpose that is consistent with this 
subchapter. The Secretary may only require reports on the use of such 
information by any State financial institutions supervisory agency for 
other than supervisory purposes or by United States intelligence 
agencies. However, a report and records of reports are exempt from 
disclosure under section 552 of title 5.''.
    (d) Amendment Relating to the Purposes of the Bank Secrecy Act 
Provisions.--Section 21(a) of the Federal Deposit Insurance Act (12 
U.S.C. 1829b(a)) is amended to read as follows:
    ``(a) Congressional Findings and Declaration of Purpose.--
        ``(1) Findings.--Congress finds that--
            ``(A) adequate records maintained by insured depository 
        institutions have a high degree of usefulness in criminal, tax, 
        and regulatory investigations or proceedings, and that, given 
        the threat posed to the security of the Nation on and after the 
        terrorist attacks against the United States on September 11, 
        2001, such records may also have a high degree of usefulness in 
        the conduct of intelligence or counterintelligence activities, 
        including analysis, to protect against domestic and 
        international terrorism; and
            ``(B) microfilm or other reproductions and other records 
        made by insured depository institutions of checks, as well as 
        records kept by such institutions, of the identity of persons 
        maintaining or authorized to act with respect to accounts 
        therein, have been of particular value in proceedings described 
        in subparagraph (A).
        ``(2) Purpose.--It is the purpose of this section to require 
    the maintenance of appropriate types of records by insured 
    depository institutions in the United States where such records 
    have a high degree of usefulness in criminal, tax, or regulatory 
    investigations or proceedings, recognizes that, given the threat 
    posed to the security of the Nation on and after the terrorist 
    attacks against the United States on September 11, 2001, such 
    records may also have a high degree of usefulness in the conduct of 
    intelligence or counterintelligence activities, including analysis, 
    to protect against international terrorism.''.
    (e) Amendment Relating to the Purposes of the Bank Secrecy Act.--
Section 123(a) of Public Law 91-508 (12 U.S.C. 1953(a)) is amended to 
read as follows:
    ``(a) Regulations.--If the Secretary determines that the 
maintenance of appropriate records and procedures by any uninsured bank 
or uninsured institution, or any person engaging in the business of 
carrying on in the United States any of the functions referred to in 
subsection (b), has a high degree of usefulness in criminal, tax, or 
regulatory investigations or proceedings, and that, given the threat 
posed to the security of the Nation on and after the terrorist attacks 
against the United States on September 11, 2001, such records may also 
have a high degree of usefulness in the conduct of intelligence or 
counterintelligence activities, including analysis, to protect against 
international terrorism, he may by regulation require such bank, 
institution, or person.''.
    (f) Amendments to the Right to Financial Privacy Act.--The Right to 
Financial Privacy Act of 1978 is amended--
        (1) in section 1112(a) (12 U.S.C. 3412(a)), by inserting ``, or 
    intelligence or counterintelligence activity, investigation or 
    analysis related to international terrorism'' after ``legitimate 
    law enforcement inquiry'';
        (2) in section 1114(a)(1) (12 U.S.C. 3414(a)(1))--
            (A) in subparagraph (A), by striking ``or'' at the end;
            (B) in subparagraph (B), by striking the period at the end 
        and inserting ``; or''; and
            (C) by adding at the end the following:
            ``(C) a Government authority authorized to conduct 
        investigations of, or intelligence or counterintelligence 
        analyses related to, international terrorism for the purpose of 
        conducting such investigations or analyses.''; and
        (3) in section 1120(a)(2) (12 U.S.C. 3420(a)(2)), by inserting 
    ``, or for a purpose authorized by section 1112(a)'' before the 
    semicolon at the end.
    (g) Amendment to the Fair Credit Reporting Act.--
        (1) In general.--The Fair Credit Reporting Act (15 U.S.C. 1681 
    et seq.) is amended--
            (A) by redesignating the second of the 2 sections 
        designated as section 624 (15 U.S.C. 1681u) (relating to 
        disclosure to FBI for counterintelligence purposes) as section 
        625; and
            (B) by adding at the end the following new section:

``Sec. 626. Disclosures to governmental agencies for counterterrorism 
            purposes

    ``(a) Disclosure.--Notwithstanding section 604 or any other 
provision of this title, a consumer reporting agency shall furnish a 
consumer report of a consumer and all other information in a consumer's 
file to a government agency authorized to conduct investigations of, or 
intelligence or counterintelligence activities or analysis related to, 
international terrorism when presented with a written certification by 
such government agency that such information is necessary for the 
agency's conduct or such investigation, activity or analysis.
    ``(b)  Form of Certification.--The certification described in 
subsection (a) shall be signed by a supervisory official designated by 
the head of a Federal agency or an officer of a Federal agency whose 
appointment to office is required to be made by the President, by and 
with the advice and consent of the Senate.
    ``(c) Confidentiality.--No consumer reporting agency, or officer, 
employee, or agent of such consumer reporting agency, shall disclose to 
any person, or specify in any consumer report, that a government agency 
has sought or obtained access to information under subsection (a).
    ``(d) Rule of Construction.--Nothing in section 625 shall be 
construed to limit the authority of the Director of the Federal Bureau 
of Investigation under this section.
    ``(e) Safe Harbor.--Notwithstanding any other provision of this 
title, any consumer reporting agency or agent or employee thereof 
making disclosure of consumer reports or other information pursuant to 
this section in good-faith reliance upon a certification of a 
governmental agency pursuant to the provisions of this section shall 
not be liable to any person for such disclosure under this subchapter, 
the constitution of any State, or any law or regulation of any State or 
any political subdivision of any State.''.
        (2) Clerical amendments.--The table of sections for the Fair 
    Credit Reporting Act (15 U.S.C. 1681 et seq.) is amended--
            (A) by redesignating the second of the 2 items designated 
        as section 624 as section 625; and
            (B) by inserting after the item relating to section 625 (as 
        so redesignated) the following new item:
``626. Disclosures to governmental agencies for counterterrorism 
          purposes.''.

    (h) Application of Amendments.--The amendments made by this section 
shall apply with respect to reports filed or records maintained on, 
before, or after the date of enactment of this Act.

SEC. 359. REPORTING OF SUSPICIOUS ACTIVITIES BY UNDERGROUND BANKING 
              SYSTEMS.

    (a) Definition for Subchapter.--Section 5312(a)(2)(R) of title 31, 
United States Code, is amended to read as follows:
            ``(R) a licensed sender of money or any other person who 
        engages as a business in the transmission of funds, including 
        any person who engages as a business in an informal money 
        transfer system or any network of people who engage as a 
        business in facilitating the transfer of money domestically or 
        internationally outside of the conventional financial 
        institutions system;''.
    (b) Money Transmitting Business.--Section 5330(d)(1)(A) of title 
31, United States Code, is amended by inserting before the semicolon 
the following: ``or any other person who engages as a business in the 
transmission of funds, including any person who engages as a business 
in an informal money transfer system or any network of people who 
engage as a business in facilitating the transfer of money domestically 
or internationally outside of the conventional financial institutions 
system;''.
    (c) Applicability of Rules.--Section 5318 of title 31, United 
States Code, as amended by this title, is amended by adding at the end 
the following:
    ``(l) Applicability of Rules.--Any rules promulgated pursuant to 
the authority contained in section 21 of the Federal Deposit Insurance 
Act (12 U.S.C. 1829b) shall apply, in addition to any other financial 
institution to which such rules apply, to any person that engages as a 
business in the transmission of funds, including any person who engages 
as a business in an informal money transfer system or any network of 
people who engage as a business in facilitating the transfer of money 
domestically or internationally outside of the conventional financial 
institutions system.''.
    (d) Report.--Not later than 1 year after the date of enactment of 
this Act, the Secretary of the Treasury shall report to Congress on the 
need for any additional legislation relating to persons who engage as a 
business in an informal money transfer system or any network of people 
who engage as a business in facilitating the transfer of money 
domestically or internationally outside of the conventional financial 
institutions system, counter money laundering and regulatory controls 
relating to underground money movement and banking systems, including 
whether the threshold for the filing of suspicious activity reports 
under section 5318(g) of title 31, United States Code should be lowered 
in the case of such systems.

SEC. 360. USE OF AUTHORITY OF UNITED STATES EXECUTIVE DIRECTORS.

    (a) Action by the President.--If the President determines that a 
particular foreign country has taken or has committed to take actions 
that contribute to efforts of the United States to respond to, deter, 
or prevent acts of international terrorism, the Secretary may, 
consistent with other applicable provisions of law, instruct the United 
States Executive Director of each international financial institution 
to use the voice and vote of the Executive Director to support any loan 
or other utilization of the funds of respective institutions for such 
country, or any public or private entity within such country.
    (b) Use of Voice and Vote.--The Secretary may instruct the United 
States Executive Director of each international financial institution 
to aggressively use the voice and vote of the Executive Director to 
require an auditing of disbursements at such institutions to ensure 
that no funds are paid to persons who commit, threaten to commit, or 
support terrorism.
    (c) Definition.--For purposes of this section, the term 
``international financial institution'' means an institution described 
in section 1701(c)(2) of the International Financial Institutions Act 
(22 U.S.C. 262r(c)(2)).

SEC. 361. FINANCIAL CRIMES ENFORCEMENT NETWORK.

    (a) In General.--Subchapter I of chapter 3 of title 31, United 
States Code, is amended--
        (1) by redesignating section 310 as section 311; and
        (2) by inserting after section 309 the following new section:

``Sec. 310. Financial Crimes Enforcement Network

    ``(a) In General.--The Financial Crimes Enforcement Network 
established by order of the Secretary of the Treasury (Treasury Order 
Numbered 105-08, in this section referred to as `FinCEN') on April 25, 
1990, shall be a bureau in the Department of the Treasury.
    ``(b) Director.--
        ``(1) Appointment.--The head of FinCEN shall be the Director, 
    who shall be appointed by the Secretary of the Treasury.
        ``(2) Duties and powers.--The duties and powers of the Director 
    are as follows:
            ``(A) Advise and make recommendations on matters relating 
        to financial intelligence, financial criminal activities, and 
        other financial activities to the Under Secretary of the 
        Treasury for Enforcement.
            ``(B) Maintain a government-wide data access service, with 
        access, in accordance with applicable legal requirements, to 
        the following:
                ``(i) Information collected by the Department of the 
            Treasury, including report information filed under 
            subchapter II of chapter 53 of this title (such as reports 
            on cash transactions, foreign financial agency transactions 
            and relationships, foreign currency transactions, exporting 
            and importing monetary instruments, and suspicious 
            activities), chapter 2 of title I of Public Law 91-508, and 
            section 21 of the Federal Deposit Insurance Act.
                ``(ii) Information regarding national and international 
            currency flows.
                ``(iii) Other records and data maintained by other 
            Federal, State, local, and foreign agencies, including 
            financial and other records developed in specific cases.
                ``(iv) Other privately and publicly available 
            information.
            ``(C) Analyze and disseminate the available data in 
        accordance with applicable legal requirements and policies and 
        guidelines established by the Secretary of the Treasury and the 
        Under Secretary of the Treasury for Enforcement to--
                ``(i) identify possible criminal activity to 
            appropriate Federal, State, local, and foreign law 
            enforcement agencies;
                ``(ii) support ongoing criminal financial 
            investigations and prosecutions and related proceedings, 
            including civil and criminal tax and forfeiture 
            proceedings;
                ``(iii) identify possible instances of noncompliance 
            with subchapter II of chapter 53 of this title, chapter 2 
            of title I of Public Law 91-508, and section 21 of the 
            Federal Deposit Insurance Act to Federal agencies with 
            statutory responsibility for enforcing compliance with such 
            provisions and other appropriate Federal regulatory 
            agencies;
                ``(iv) evaluate and recommend possible uses of special 
            currency reporting requirements under section 5326;
                ``(v) determine emerging trends and methods in money 
            laundering and other financial crimes;
                ``(vi) support the conduct of intelligence or 
            counterintelligence activities, including analysis, to 
            protect against international terrorism; and
                ``(vii) support government initiatives against money 
            laundering.
            ``(D) Establish and maintain a financial crimes 
        communications center to furnish law enforcement authorities 
        with intelligence information related to emerging or ongoing 
        investigations and undercover operations.
            ``(E) Furnish research, analytical, and informational 
        services to financial institutions, appropriate Federal 
        regulatory agencies with regard to financial institutions, and 
        appropriate Federal, State, local, and foreign law enforcement 
        authorities, in accordance with policies and guidelines 
        established by the Secretary of the Treasury or the Under 
        Secretary of the Treasury for Enforcement, in the interest of 
        detection, prevention, and prosecution of terrorism, organized 
        crime, money laundering, and other financial crimes.
            ``(F) Assist Federal, State, local, and foreign law 
        enforcement and regulatory authorities in combatting the use of 
        informal, nonbank networks and payment and barter system 
        mechanisms that permit the transfer of funds or the equivalent 
        of funds without records and without compliance with criminal 
        and tax laws.
            ``(G) Provide computer and data support and data analysis 
        to the Secretary of the Treasury for tracking and controlling 
        foreign assets.
            ``(H) Coordinate with financial intelligence units in other 
        countries on anti-terrorism and anti-money laundering 
        initiatives, and similar efforts.
            ``(I) Administer the requirements of subchapter II of 
        chapter 53 of this title, chapter 2 of title I of Public Law 
        91-508, and section 21 of the Federal Deposit Insurance Act, to 
        the extent delegated such authority by the Secretary of the 
        Treasury.
            ``(J) Such other duties and powers as the Secretary of the 
        Treasury may delegate or prescribe.
    ``(c) Requirements Relating to Maintenance and Use of Data Banks.--
The Secretary of the Treasury shall establish and maintain operating 
procedures with respect to the government-wide data access service and 
the financial crimes communications center maintained by FinCEN which 
provide--
        ``(1) for the coordinated and efficient transmittal of 
    information to, entry of information into, and withdrawal of 
    information from, the data maintenance system maintained by the 
    Network, including--
            ``(A) the submission of reports through the Internet or 
        other secure network, whenever possible;
            ``(B) the cataloguing of information in a manner that 
        facilitates rapid retrieval by law enforcement personnel of 
        meaningful data; and
            ``(C) a procedure that provides for a prompt initial review 
        of suspicious activity reports and other reports, or such other 
        means as the Secretary may provide, to identify information 
        that warrants immediate action; and
        ``(2) in accordance with section 552a of title 5 and the Right 
    to Financial Privacy Act of 1978, appropriate standards and 
    guidelines for determining--
            ``(A) who is to be given access to the information 
        maintained by the Network;
            ``(B) what limits are to be imposed on the use of such 
        information; and
            ``(C) how information about activities or relationships 
        which involve or are closely associated with the exercise of 
        constitutional rights is to be screened out of the data 
        maintenance system.
    ``(d) Authorization of Appropriations.--There are authorized to be 
appropriated for FinCEN such sums as may be necessary for fiscal years 
2002, 2003, 2004, and 2005.''.
    (b) Compliance With Reporting Requirements.--The Secretary of the 
Treasury shall study methods for improving compliance with the 
reporting requirements established in section 5314 of title 31, United 
States Code, and shall submit a report on such study to the Congress by 
the end of the 6-month period beginning on the date of enactment of 
this Act and each 1-year period thereafter. The initial report shall 
include historical data on compliance with such reporting requirements.
    (c) Clerical Amendment.--The table of sections for subchapter I of 
chapter 3 of title 31, United States Code, is amended--
        (1) by redesignating the item relating to section 310 as 
    section 311; and
        (2) by inserting after the item relating to section 309 the 
    following new item:
``310. Financial Crimes Enforcement Network.''.

SEC. 362. ESTABLISHMENT OF HIGHLY SECURE NETWORK.

    (a) In General.--The Secretary shall establish a highly secure 
network in the Financial Crimes Enforcement Network that--
        (1) allows financial institutions to file reports required 
    under subchapter II or III of chapter 53 of title 31, United States 
    Code, chapter 2 of Public Law 91-508, or section 21 of the Federal 
    Deposit Insurance Act through the secure network; and
        (2) provides financial institutions with alerts and other 
    information regarding suspicious activities that warrant immediate 
    and enhanced scrutiny.
    (b) Expedited Development.--The Secretary shall take such action as 
may be necessary to ensure that the secure network required under 
subsection (a) is fully operational before the end of the 9-month 
period beginning on the date of enactment of this Act.

SEC. 363. INCREASE IN CIVIL AND CRIMINAL PENALTIES FOR MONEY 
              LAUNDERING.

    (a) Civil Penalties.--Section 5321(a) of title 31, United States 
Code, is amended by adding at the end the following:
        ``(7) Penalties for international counter money laundering 
    violations.--The Secretary may impose a civil money penalty in an 
    amount equal to not less than 2 times the amount of the 
    transaction, but not more than $1,000,000, on any financial 
    institution or agency that violates any provision of subsection (i) 
    or (j) of section 5318 or any special measures imposed under 
    section 5318A.''.
    (b) Criminal Penalties.--Section 5322 of title 31, United States 
Code, is amended by adding at the end the following:
    ``(d) A financial institution or agency that violates any provision 
of subsection (i) or (j) of section 5318, or any special measures 
imposed under section 5318A, or any regulation prescribed under 
subsection (i) or (j) of section 5318 or section 5318A, shall be fined 
in an amount equal to not less than 2 times the amount of the 
transaction, but not more than $1,000,000.''.

SEC. 364. UNIFORM PROTECTION AUTHORITY FOR FEDERAL RESERVE FACILITIES.

    Section 11 of the Federal Reserve Act (12 U.S.C. 248) is amended by 
adding at the end the following:
    ``(q) Uniform Protection Authority for Federal Reserve 
Facilities.--
        ``(1) Notwithstanding any other provision of law, to authorize 
    personnel to act as law enforcement officers to protect and 
    safeguard the premises, grounds, property, personnel, including 
    members of the Board, of the Board, or any Federal reserve bank, 
    and operations conducted by or on behalf of the Board or a reserve 
    bank.
        ``(2) The Board may, subject to the regulations prescribed 
    under paragraph (5), delegate authority to a Federal reserve bank 
    to authorize personnel to act as law enforcement officers to 
    protect and safeguard the bank's premises, grounds, property, 
    personnel, and operations conducted by or on behalf of the bank.
        ``(3) Law enforcement officers designated or authorized by the 
    Board or a reserve bank under paragraph (1) or (2) are authorized 
    while on duty to carry firearms and make arrests without warrants 
    for any offense against the United States committed in their 
    presence, or for any felony cognizable under the laws of the United 
    States committed or being committed within the buildings and 
    grounds of the Board or a reserve bank if they have reasonable 
    grounds to believe that the person to be arrested has committed or 
    is committing such a felony. Such officers shall have access to law 
    enforcement information that may be necessary for the protection of 
    the property or personnel of the Board or a reserve bank.
        ``(4) For purposes of this subsection, the term `law 
    enforcement officers' means personnel who have successfully 
    completed law enforcement training and are authorized to carry 
    firearms and make arrests pursuant to this subsection.
        ``(5) The law enforcement authorities provided for in this 
    subsection may be exercised only pursuant to regulations prescribed 
    by the Board and approved by the Attorney General.''.

SEC. 365. REPORTS RELATING TO COINS AND CURRENCY RECEIVED IN 
              NONFINANCIAL TRADE OR BUSINESS.

    (a) Reports Required.--Subchapter II of chapter 53 of title 31, 
United States Code, is amended by adding at the end the following new 
section:

``Sec. 5331. Reports relating to coins and currency received in 
            nonfinancial trade or business

    ``(a) Coin and Currency Receipts of More Than $10,000.--Any 
person--
        ``(1) who is engaged in a trade or business; and
        ``(2) who, in the course of such trade or business, receives 
    more than $10,000 in coins or currency in 1 transaction (or 2 or 
    more related transactions),
shall file a report described in subsection (b) with respect to such 
transaction (or related transactions) with the Financial Crimes 
Enforcement Network at such time and in such manner as the Secretary 
may, by regulation, prescribe.
    ``(b) Form and Manner of Reports.--A report is described in this 
subsection if such report--
        ``(1) is in such form as the Secretary may prescribe;
        ``(2) contains--
            ``(A) the name and address, and such other identification 
        information as the Secretary may require, of the person from 
        whom the coins or currency was received;
            ``(B) the amount of coins or currency received;
            ``(C) the date and nature of the transaction; and
            ``(D) such other information, including the identification 
        of the person filing the report, as the Secretary may 
        prescribe.
    ``(c) Exceptions.--
        ``(1) Amounts received by financial institutions.--Subsection 
    (a) shall not apply to amounts received in a transaction reported 
    under section 5313 and regulations prescribed under such section.
        ``(2) Transactions occurring outside the united states.--Except 
    to the extent provided in regulations prescribed by the Secretary, 
    subsection (a) shall not apply to any transaction if the entire 
    transaction occurs outside the United States.
    ``(d) Currency Includes Foreign Currency and Certain Monetary 
Instruments.--
        ``(1) In general.--For purposes of this section, the term 
    `currency' includes--
            ``(A) foreign currency; and
            ``(B) to the extent provided in regulations prescribed by 
        the Secretary, any monetary instrument (whether or not in 
        bearer form) with a face amount of not more than $10,000.
        ``(2) Scope of application.--Paragraph (1)(B) shall not apply 
    to any check drawn on the account of the writer in a financial 
    institution referred to in subparagraph (A), (B), (C), (D), (E), 
    (F), (G), (J), (K), (R), or (S) of section 5312(a)(2).''.
    (b) Prohibition on Structuring Transactions.--
        (1) In general.--Section 5324 of title 31, United States Code, 
    is amended--
            (A) by redesignating subsections (b) and (c) as subsections 
        (c) and (d), respectively; and
            (B) by inserting after subsection (a) the following new 
        subsection:
    ``(b) Domestic Coin and Currency Transactions Involving 
Nonfinancial Trades or Businesses.--No person shall, for the purpose of 
evading the report requirements of section 5333 or any regulation 
prescribed under such section--
        ``(1) cause or attempt to cause a nonfinancial trade or 
    business to fail to file a report required under section 5333 or 
    any regulation prescribed under such section;
        ``(2) cause or attempt to cause a nonfinancial trade or 
    business to file a report required under section 5333 or any 
    regulation prescribed under such section that contains a material 
    omission or misstatement of fact; or
        ``(3) structure or assist in structuring, or attempt to 
    structure or assist in structuring, any transaction with 1 or more 
    nonfinancial trades or businesses.''.
        (2) Technical and conforming amendments.--
            (A) The heading for subsection (a) of section 5324 of title 
        31, United States Code, is amended by inserting ``Involving 
        Financial Institutions'' after ``Transactions''.
            (B) Section 5317(c) of title 31, United States Code, is 
        amended by striking ``5324(b)'' and inserting ``5324(c)''.
    (c) Definition of Nonfinancial Trade or Business.--
        (1) In general.--Section 5312(a) of title 31, United States 
    Code, is amended--
            (A) by redesignating paragraphs (4) and (5) as paragraphs 
        (5) and (6), respectively; and
            (B) by inserting after paragraph (3) the following new 
        paragraph:
        ``(4) Nonfinancial trade or business.--The term `nonfinancial 
    trade or business' means any trade or business other than a 
    financial institution that is subject to the reporting requirements 
    of section 5313 and regulations prescribed under such section.''.
        (2) Technical and conforming amendments.--
            (A) Section 5312(a)(3)(C) of title 31, United States Code, 
        is amended by striking ``section 5316,'' and inserting 
        ``sections 5333 and 5316,''.
            (B) Subsections (a) through (f) of section 5318 of title 
        31, United States Code, and sections 5321, 5326, and 5328 of 
        such title are each amended--
                (i) by inserting ``or nonfinancial trade or business'' 
            after ``financial institution'' each place such term 
            appears; and
                (ii) by inserting ``or nonfinancial trades or 
            businesses'' after ``financial institutions'' each place 
            such term appears.
    (c) Clerical Amendment.--The table of sections for chapter 53 of 
title 31, United States Code, is amended by inserting after the item 
relating to section 5332 (as added by section 112 of this title) the 
following new item:
``5331. Reports relating to coins and currency received in nonfinancial 
          trade or business.''.
    (f) Regulations.--Regulations which the Secretary determines are 
necessary to implement this section shall be published in final form 
before the end of the 6-month period beginning on the date of enactment 
of this Act.

SEC. 366. EFFICIENT USE OF CURRENCY TRANSACTION REPORT SYSTEM.

    (a) Findings.--The Congress finds the following:
        (1) The Congress established the currency transaction reporting 
    requirements in 1970 because the Congress found then that such 
    reports have a high degree of usefulness in criminal, tax, and 
    regulatory investigations and proceedings and the usefulness of 
    such reports has only increased in the years since the requirements 
    were established.
        (2) In 1994, in response to reports and testimony that excess 
    amounts of currency transaction reports were interfering with 
    effective law enforcement, the Congress reformed the currency 
    transaction report exemption requirements to provide--
            (A) mandatory exemptions for certain reports that had 
        little usefulness for law enforcement, such as cash transfers 
        between depository institutions and cash deposits from 
        government agencies; and
            (B) discretionary authority for the Secretary of the 
        Treasury to provide exemptions, subject to criteria and 
        guidelines established by the Secretary, for financial 
        institutions with regard to regular business customers that 
        maintain accounts at an institution into which frequent cash 
        deposits are made.
        (3) Today there is evidence that some financial institutions 
    are not utilizing the exemption system, or are filing reports even 
    if there is an exemption in effect, with the result that the volume 
    of currency transaction reports is once again interfering with 
    effective law enforcement.
    (b) Study and Report.--
        (1) Study required.--The Secretary shall conduct a study of--
            (A) the possible expansion of the statutory exemption 
        system in effect under section 5313 of title 31, United States 
        Code; and
            (B) methods for improving financial institution utilization 
        of the statutory exemption provisions as a way of reducing the 
        submission of currency transaction reports that have little or 
        no value for law enforcement purposes, including improvements 
        in the systems in effect at financial institutions for regular 
        review of the exemption procedures used at the institution and 
        the training of personnel in its effective use.
        (2) Report required.--The Secretary of the Treasury shall 
    submit a report to the Congress before the end of the 1-year period 
    beginning on the date of enactment of this Act containing the 
    findings and conclusions of the Secretary with regard to the study 
    required under subsection (a), and such recommendations for 
    legislative or administrative action as the Secretary determines to 
    be appropriate.

               Subtitle C--Currency Crimes and Protection

SEC. 371. BULK CASH SMUGGLING INTO OR OUT OF THE UNITED STATES.

    (a) Findings.--The Congress finds the following:
        (1) Effective enforcement of the currency reporting 
    requirements of subchapter II of chapter 53 of title 31, United 
    States Code, and the regulations prescribed under such subchapter, 
    has forced drug dealers and other criminals engaged in cash-based 
    businesses to avoid using traditional financial institutions.
        (2) In their effort to avoid using traditional financial 
    institutions, drug dealers and other criminals are forced to move 
    large quantities of currency in bulk form to and through the 
    airports, border crossings, and other ports of entry where the 
    currency can be smuggled out of the United States and placed in a 
    foreign financial institution or sold on the black market.
        (3) The transportation and smuggling of cash in bulk form may 
    now be the most common form of money laundering, and the movement 
    of large sums of cash is one of the most reliable warning signs of 
    drug trafficking, terrorism, money laundering, racketeering, tax 
    evasion and similar crimes.
        (4) The intentional transportation into or out of the United 
    States of large amounts of currency or monetary instruments, in a 
    manner designed to circumvent the mandatory reporting provisions of 
    subchapter II of chapter 53 of title 31, United States Code,, is 
    the equivalent of, and creates the same harm as, the smuggling of 
    goods.
        (5) The arrest and prosecution of bulk cash smugglers are 
    important parts of law enforcement's effort to stop the laundering 
    of criminal proceeds, but the couriers who attempt to smuggle the 
    cash out of the United States are typically low-level employees of 
    large criminal organizations, and thus are easily replaced. 
    Accordingly, only the confiscation of the smuggled bulk cash can 
    effectively break the cycle of criminal activity of which the 
    laundering of the bulk cash is a critical part.
        (6) The current penalties for violations of the currency 
    reporting requirements are insufficient to provide a deterrent to 
    the laundering of criminal proceeds. In particular, in cases where 
    the only criminal violation under current law is a reporting 
    offense, the law does not adequately provide for the confiscation 
    of smuggled currency. In contrast, if the smuggling of bulk cash 
    were itself an offense, the cash could be confiscated as the corpus 
    delicti of the smuggling offense.
    (b) Purposes.--The purposes of this section are--
        (1) to make the act of smuggling bulk cash itself a criminal 
    offense;
        (2) to authorize forfeiture of any cash or instruments of the 
    smuggling offense; and
        (3) to emphasize the seriousness of the act of bulk cash 
    smuggling.
    (c) Enactment of Bulk Cash Smuggling Offense.--Subchapter II of 
chapter 53 of title 31, United States Code, is amended by adding at the 
end the following:

``Sec. 5332. Bulk cash smuggling into or out of the United States

    ``(a) Criminal Offense.--
        ``(1) In general.--Whoever, with the intent to evade a currency 
    reporting requirement under section 5316, knowingly conceals more 
    than $10,000 in currency or other monetary instruments on the 
    person of such individual or in any conveyance, article of luggage, 
    merchandise, or other container, and transports or transfers or 
    attempts to transport or transfer such currency or monetary 
    instruments from a place within the United States to a place 
    outside of the United States, or from a place outside the United 
    States to a place within the United States, shall be guilty of a 
    currency smuggling offense and subject to punishment pursuant to 
    subsection (b).
        ``(2) Concealment on person.--For purposes of this section, the 
    concealment of currency on the person of any individual includes 
    concealment in any article of clothing worn by the individual or in 
    any luggage, backpack, or other container worn or carried by such 
    individual.
    ``(b) Penalty.--
        ``(1) Term of imprisonment.--A person convicted of a currency 
    smuggling offense under subsection (a), or a conspiracy to commit 
    such offense, shall be imprisoned for not more than 5 years.
        ``(2) Forfeiture.--In addition, the court, in imposing sentence 
    under paragraph (1), shall order that the defendant forfeit to the 
    United States, any property, real or personal, involved in the 
    offense, and any property traceable to such property, subject to 
    subsection (d) of this section.
        ``(3) Procedure.--The seizure, restraint, and forfeiture of 
    property under this section shall be governed by section 413 of the 
    Controlled Substances Act.
        ``(4) Personal money judgment.--If the property subject to 
    forfeiture under paragraph (2) is unavailable, and the defendant 
    has insufficient substitute property that may be forfeited pursuant 
    to section 413(p) of the Controlled Substances Act, the court shall 
    enter a personal money judgment against the defendant for the 
    amount that would be subject to forfeiture.
    ``(c) Civil Forfeiture.--
        ``(1) In general.--Any property involved in a violation of 
    subsection (a), or a conspiracy to commit such violation, and any 
    property traceable to such violation or conspiracy, may be seized 
    and, subject to subsection (d) of this section, forfeited to the 
    United States.
        ``(2) Procedure.--The seizure and forfeiture shall be governed 
    by the procedures governing civil forfeitures in money laundering 
    cases pursuant to section 981(a)(1)(A) of title 18, United States 
    Code.
        ``(3) Treatment of certain property as involved in the 
    offense.--For purposes of this subsection and subsection (b), any 
    currency or other monetary instrument that is concealed or intended 
    to be concealed in violation of subsection (a) or a conspiracy to 
    commit such violation, any article, container, or conveyance used, 
    or intended to be used, to conceal or transport the currency or 
    other monetary instrument, and any other property used, or intended 
    to be used, to facilitate the offense, shall be considered property 
    involved in the offense.''.
    (c) Clerical Amendment.--The table of sections for subchapter II of 
chapter 53 of title 31, United States Code, is amended by inserting 
after the item relating to section 5331, as added by this Act, the 
following new item:
``5332. Bulk cash smuggling into or out of the United States.''.

SEC. 372. FORFEITURE IN CURRENCY REPORTING CASES.

    (a) In General.--Subsection (c) of section 5317 of title 31, United 
States Code, is amended to read as follows:
    ``(c) Forfeiture.--
        ``(1) Criminal forfeiture.--
            ``(A) In general.--The court in imposing sentence for any 
        violation of section 5313, 5316, or 5324 of this title, or any 
        conspiracy to commit such violation, shall order the defendant 
        to forfeit all property, real or personal, involved in the 
        offense and any property traceable thereto.
            ``(B) Procedure.--Forfeitures under this paragraph shall be 
        governed by the procedures established in section 413 of the 
        Controlled Substances Act.
        ``(2) Civil forfeiture.--Any property involved in a violation 
    of section 5313, 5316, or 5324 of this title, or any conspiracy to 
    commit any such violation, and any property traceable to any such 
    violation or conspiracy, may be seized and forfeited to the United 
    States in accordance with the procedures governing civil 
    forfeitures in money laundering cases pursuant to section 
    981(a)(1)(A) of title 18, United States Code.''.
    (b) Conforming Amendments.--
        (1) Section 981(a)(1)(A) of title 18, United States Code, is 
    amended--
            (A) by striking ``of section 5313(a) or 5324(a) of title 
        31, or''; and
            (B) by striking ``However'' and all that follows through 
        the end of the subparagraph.
        (2) Section 982(a)(1) of title 18, United States Code, is 
    amended--
            (A) by striking ``of section 5313(a), 5316, or 5324 of 
        title 31, or''; and
            (B) by striking ``However'' and all that follows through 
        the end of the paragraph.

SEC. 373. ILLEGAL MONEY TRANSMITTING BUSINESSES.

    (a) Scienter Requirement for Section 1960 Violation.--Section 1960 
of title 18, United States Code, is amended to read as follows:

``Sec. 1960. Prohibition of unlicensed money transmitting businesses

    ``(a) Whoever knowingly conducts, controls, manages, supervises, 
directs, or owns all or part of an unlicensed money transmitting 
business, shall be fined in accordance with this title or imprisoned 
not more than 5 years, or both.
    ``(b) As used in this section--
        ``(1) the term `unlicensed money transmitting business' means a 
    money transmitting business which affects interstate or foreign 
    commerce in any manner or degree and--
            ``(A) is operated without an appropriate money transmitting 
        license in a State where such operation is punishable as a 
        misdemeanor or a felony under State law, whether or not the 
        defendant knew that the operation was required to be licensed 
        or that the operation was so punishable;
            ``(B) fails to comply with the money transmitting business 
        registration requirements under section 5330 of title 31, 
        United States Code, or regulations prescribed under such 
        section; or
            ``(C) otherwise involves the transportation or transmission 
        of funds that are known to the defendant to have been derived 
        from a criminal offense or are intended to be used to be used 
        to promote or support unlawful activity;
        ``(2) the term `money transmitting' includes transferring funds 
    on behalf of the public by any and all means including but not 
    limited to transfers within this country or to locations abroad by 
    wire, check, draft, facsimile, or courier; and
        ``(3) the term `State' means any State of the United States, 
    the District of Columbia, the Northern Mariana Islands, and any 
    commonwealth, territory, or possession of the United States.''.
    (b) Seizure of Illegally Transmitted Funds.--Section 981(a)(1)(A) 
of title 18, United States Code, is amended by striking ``or 1957'' and 
inserting ``, 1957 or 1960''.
    (c) Clerical Amendment.--The table of sections for chapter 95 of 
title 18, United States Code, is amended in the item relating to 
section 1960 by striking ``illegal'' and inserting ``unlicensed''.

SEC. 374. COUNTERFEITING DOMESTIC CURRENCY AND OBLIGATIONS.

    (a) Counterfeit Acts Committed Outside the United States.--Section 
470 of title 18, United States Code, is amended--
        (1) in paragraph (2), by inserting ``analog, digital, or 
    electronic image,'' after ``plate, stone,''; and
        (2) by striking ``shall be fined under this title, imprisoned 
    not more than 20 years, or both'' and inserting ``shall be punished 
    as is provided for the like offense within the United States''.
    (b) Obligations or securities of the United States.--Section 471 of 
title 18, United States Code, is amended by striking ``fifteen years'' 
and inserting ``20 years''.
    (c) Uttering Counterfeit Obligations or Securities.--Section 472 of 
title 18, United States Code, is amended by striking ``fifteen years'' 
and inserting ``20 years''.
    (d) Dealing in Counterfeit Obligations or Securities.--Section 473 
of title 18, United States Code, is amended by striking ``ten years'' 
and inserting ``20 years''.
    (e) Plates, Stones, or Analog, Digital, or Electronic Images For 
Counterfeiting Obligations or Securities.--
        (1) In general.--Section 474(a) of title 18, United States 
    Code, is amended by inserting after the second paragraph the 
    following new paragraph:
    ``Whoever, with intent to defraud, makes, executes, acquires, 
scans, captures, records, receives, transmits, reproduces, sells, or 
has in such person's control, custody, or possession, an analog, 
digital, or electronic image of any obligation or other security of the 
United States; or''.
        (2) Amendment to definition.--Section 474(b) of title 18, 
    United States Code, is amended by striking the first sentence and 
    inserting the following new sentence: ``For purposes of this 
    section, the term `analog, digital, or electronic image' includes 
    any analog, digital, or electronic method used for the making, 
    execution, acquisition, scanning, capturing, recording, retrieval, 
    transmission, or reproduction of any obligation or security, unless 
    such use is authorized by the Secretary of the Treasury.''.
        (3) Technical and conforming amendment.--The heading for 
    section 474 of title 18, United States Code, is amended by striking 
    ``or stones'' and inserting ``, stones, or analog, digital, or 
    electronic images''.
        (4) Clerical amendment.--The table of sections for chapter 25 
    of title 18, United States Code, is amended in the item relating to 
    section 474 by striking ``or stones'' and inserting ``, stones, or 
    analog, digital, or electronic images''.
    (f) Taking Impressions of Tools Used for Obligations or 
Securities.--Section 476 of title 18, United States Code, is amended--
        (1) by inserting ``analog, digital, or electronic image,'' 
    after ``impression, stamp,''; and
        (2) by striking ``ten years'' and inserting ``25 years''.
    (g) Possessing or Selling Impressions of Tools Used for Obligations 
or Securities.--Section 477 of title 18, United States Code, is 
amended--
        (1) in the first paragraph, by inserting ``analog, digital, or 
    electronic image,'' after ``imprint, stamp,'';
        (2) in the second paragraph, by inserting ``analog, digital, or 
    electronic image,'' after ``imprint, stamp,''; and
        (3) in the third paragraph, by striking ``ten years'' and 
    inserting ``25 years''.
    (h) Connecting Parts of Different Notes.--Section 484 of title 18, 
United States Code, is amended by striking ``five years'' and inserting 
``10 years''.
    (i) Bonds and Obligations of Certain Lending Agencies.--The first 
and second paragraphs of section 493 of title 18, United States Code, 
are each amended by striking ``five years'' and inserting ``10 years''.

SEC. 375. COUNTERFEITING FOREIGN CURRENCY AND OBLIGATIONS.

    (a) Foreign Obligations or Securities.--Section 478 of title 18, 
United States Code, is amended by striking ``five years'' and inserting 
``20 years''.
    (b) Uttering Counterfeit Foreign Obligations or Securities.--
Section 479 of title 18, United States Code, is amended by striking 
``three years'' and inserting ``20 years''.
    (c) Possessing Counterfeit Foreign Obligations or Securities.--
Section 480 of title 18, United States Code, is amended by striking 
``one year'' and inserting ``20 years''.
    (d) Plates, Stones, or Analog, Digital, or Electronic Images for 
Counterfeiting Foreign Obligations or Securities.--
        (1) In general.--Section 481 of title 18, United States Code, 
    is amended by inserting after the second paragraph the following 
    new paragraph:
    ``Whoever, with intent to defraud, makes, executes, acquires, 
scans, captures, records, receives, transmits, reproduces, sells, or 
has in such person's control, custody, or possession, an analog, 
digital, or electronic image of any bond, certificate, obligation, or 
other security of any foreign government, or of any treasury note, 
bill, or promise to pay, lawfully issued by such foreign government and 
intended to circulate as money; or''.
        (2) Increased sentence.--The last paragraph of section 481 of 
    title 18, United States Code, is amended by striking ``five years'' 
    and inserting ``25 years''.
        (3) Technical and conforming amendment.--The heading for 
    section 481 of title 18, United States Code, is amended by striking 
    ``or stones'' and inserting ``, stones, or analog, digital, or 
    electronic images''.
        (4) Clerical amendment.--The table of sections for chapter 25 
    of title 18, United States Code, is amended in the item relating to 
    section 481 by striking ``or stones'' and inserting ``, stones, or 
    analog, digital, or electronic images''.
    (e) Foreign Bank Notes.--Section 482 of title 18, United States 
Code, is amended by striking ``two years'' and inserting ``20 years''.
    (f) Uttering Counterfeit Foreign Bank Notes.--Section 483 of title 
18, United States Code, is amended by striking ``one year'' and 
inserting ``20 years''.

SEC. 376. LAUNDERING THE PROCEEDS OF TERRORISM.

    Section 1956(c)(7)(D) of title 18, United States Code, is amended 
by inserting ``or 2339B'' after ``2339A''.

SEC. 377. EXTRATERRITORIAL JURISDICTION.

    Section 1029 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(h) Any person who, outside the jurisdiction of the United 
States, engages in any act that, if committed within the jurisdiction 
of the United States, would constitute an offense under subsection (a) 
or (b) of this section, shall be subject to the fines, penalties, 
imprisonment, and forfeiture provided in this title if--
        ``(1) the offense involves an access device issued, owned, 
    managed, or controlled by a financial institution, account issuer, 
    credit card system member, or other entity within the jurisdiction 
    of the United States; and
        ``(2) the person transports, delivers, conveys, transfers to or 
    through, or otherwise stores, secrets, or holds within the 
    jurisdiction of the United States, any article used to assist in 
    the commission of the offense or the proceeds of such offense or 
    property derived therefrom.''.

                    TITLE IV--PROTECTING THE BORDER
               Subtitle A--Protecting the Northern Border

SEC. 401. ENSURING ADEQUATE PERSONNEL ON THE NORTHERN BORDER.

    The Attorney General is authorized to waive any FTE cap on 
personnel assigned to the Immigration and Naturalization Service on the 
Northern border.

SEC. 402. NORTHERN BORDER PERSONNEL.

    There are authorized to be appropriated--
        (1) such sums as may be necessary to triple the number of 
    Border Patrol personnel (from the number authorized under current 
    law), and the necessary personnel and facilities to support such 
    personnel, in each State along the Northern Border;
        (2) such sums as may be necessary to triple the number of 
    Customs Service personnel (from the number authorized under current 
    law), and the necessary personnel and facilities to support such 
    personnel, at ports of entry in each State along the Northern 
    Border;
        (3) such sums as may be necessary to triple the number of INS 
    inspectors (from the number authorized on the date of the enactment 
    of this Act), and the necessary personnel and facilities to support 
    such personnel, at ports of entry in each State along the Northern 
    Border; and
        (4) an additional $50,000,000 each to the Immigration and 
    Naturalization Service and the United States Customs Service for 
    purposes of making improvements in technology for monitoring the 
    Northern Border and acquiring additional equipment at the Northern 
    Border.

SEC. 403. ACCESS BY THE DEPARTMENT OF STATE AND THE INS TO CERTAIN 
              IDENTIFYING INFORMATION IN THE CRIMINAL HISTORY RECORDS 
              OF VISA APPLICANTS AND APPLICANTS FOR ADMISSION TO THE 
              UNITED STATES.

    (a) Amendment of the Immigration and Nationality Act.--Section 105 
of the Immigration and Nationality Act (8 U.S.C. 1105) is amended--
        (1) in the section heading, by inserting ``; data exchange'' 
    after ``security officers'';
        (2) by inserting ``(a)'' after ``Sec. 105.'';
        (3) in subsection (a), by inserting ``and border'' after 
    ``internal'' the second place it appears; and
        (4) by adding at the end the following:
    ``(b)(1) The Attorney General and the Director of the Federal 
Bureau of Investigation shall provide the Department of State and the 
Service access to the criminal history record information contained in 
the National Crime Information Center's Interstate Identification Index 
(NCIC-III), Wanted Persons File, and to any other files maintained by 
the National Crime Information Center that may be mutually agreed upon 
by the Attorney General and the agency receiving the access, for the 
purpose of determining whether or not a visa applicant or applicant for 
admission has a criminal history record indexed in any such file.
    ``(2) Such access shall be provided by means of extracts of the 
records for placement in the automated visa lookout or other 
appropriate database, and shall be provided without any fee or charge.
    ``(3) The Federal Bureau of Investigation shall provide periodic 
updates of the extracts at intervals mutually agreed upon with the 
agency receiving the access. Upon receipt of such updated extracts, the 
receiving agency shall make corresponding updates to its database and 
destroy previously provided extracts.
    ``(4) Access to an extract does not entitle the Department of State 
to obtain the full content of the corresponding automated criminal 
history record. To obtain the full content of a criminal history 
record, the Department of State shall submit the applicant's 
fingerprints and any appropriate fingerprint processing fee authorized 
by law to the Criminal Justice Information Services Division of the 
Federal Bureau of Investigation.
    ``(c) The provision of the extracts described in subsection (b) may 
be reconsidered by the Attorney General and the receiving agency upon 
the development and deployment of a more cost-effective and efficient 
means of sharing the information.
    ``(d) For purposes of administering this section, the Department of 
State shall, prior to receiving access to NCIC data but not later than 
4 months after the date of enactment of this subsection, promulgate 
final regulations--
        ``(1) to implement procedures for the taking of fingerprints; 
    and
        ``(2) to establish the conditions for the use of the 
    information received from the Federal Bureau of Investigation, in 
    order--
            ``(A) to limit the redissemination of such information;
            ``(B) to ensure that such information is used solely to 
        determine whether or not to issue a visa to an alien or to 
        admit an alien to the United States;
            ``(C) to ensure the security, confidentiality, and 
        destruction of such information; and
            ``(D) to protect any privacy rights of individuals who are 
        subjects of such information.''.
    (b) Reporting Requirement.--Not later than 2 years after the date 
of enactment of this Act, the Attorney General and the Secretary of 
State jointly shall report to Congress on the implementation of the 
amendments made by this section.
    (c) Technology Standard to Confirm Identity.--
        (1) In General.--The Attorney General and the Secretary of 
    State jointly, through the National Institute of Standards and 
    Technology (NIST), and in consultation with the Secretary of the 
    Treasury and other Federal law enforcement and intelligence 
    agencies the Attorney General or Secretary of State deems 
    appropriate and in consultation with Congress, shall within 2 years 
    after the date of the enactment of this section, develop and 
    certify a technology standard that can be used to verify the 
    identity of persons applying for a United States visa or such 
    persons seeking to enter the United States pursuant to a visa for 
    the purposes of conducting background checks, confirming identity, 
    and ensuring that a person has not received a visa under a 
    different name or such person seeking to enter the United States 
    pursuant to a visa.
        (2) Integrated.--The technology standard developed pursuant to 
    paragraph (1), shall be the technological basis for a cross-agency, 
    cross-platform electronic system that is a cost-effective, 
    efficient, fully integrated means to share law enforcement and 
    intelligence information necessary to confirm the identity of such 
    persons applying for a United States visa or such person seeking to 
    enter the United States pursuant to a visa.
        (3) Accessible.--The electronic system described in paragraph 
    (2), once implemented, shall be readily and easily accessible to--
            (A) all consular officers responsible for the issuance of 
        visas;
            (B) all Federal inspection agents at all United States 
        border inspection points; and
            (C) all law enforcement and intelligence officers as 
        determined by regulation to be responsible for investigation or 
        identification of aliens admitted to the United States pursuant 
        to a visa.
        (4) Report.--Not later than 18 months after the date of the 
    enactment of this Act, and every 2 years thereafter, the Attorney 
    General and the Secretary of State shall jointly, in consultation 
    with the Secretary of Treasury, report to Congress describing the 
    development, implementation, efficacy, and privacy implications of 
    the technology standard and electronic database system described in 
    this subsection.
        (5) Funding.--There is authorized to be appropriated to the 
    Secretary of State, the Attorney General, and the Director of the 
    National Institute of Standards and Technology such sums as may be 
    necessary to carry out the provisions of this subsection.
    (d) Statutory Construction.--Nothing in this section, or in any 
other law, shall be construed to limit the authority of the Attorney 
General or the Director of the Federal Bureau of Investigation to 
provide access to the criminal history record information contained in 
the National Crime Information Center's (NCIC) Interstate 
Identification Index (NCIC-III), or to any other information maintained 
by the NCIC, to any Federal agency or officer authorized to enforce or 
administer the immigration laws of the United States, for the purpose 
of such enforcement or administration, upon terms that are consistent 
with the National Crime Prevention and Privacy Compact Act of 1998 
(subtitle A of title II of Public Law 105-251; 42 U.S.C. 14611-16) and 
section 552a of title 5, United States Code.

SEC. 404. LIMITED AUTHORITY TO PAY OVERTIME.

    The matter under the headings ``Immigration And Naturalization 
Service: Salaries and Expenses, Enforcement And Border Affairs'' and 
``Immigration And Naturalization Service: Salaries and Expenses, 
Citizenship And Benefits, Immigration And Program Direction'' in the 
Department of Justice Appropriations Act, 2001 (as enacted into law by 
Appendix B (H.R. 5548) of Public Law 106-553 (114 Stat. 2762A-58 to 
2762A-59)) is amended by striking the following each place it occurs: 
``Provided, That none of the funds available to the Immigration and 
Naturalization Service shall be available to pay any employee overtime 
pay in an amount in excess of $30,000 during the calendar year 
beginning January 1, 2001:''.

SEC. 405. REPORT ON THE INTEGRATED AUTOMATED FINGERPRINT IDENTIFICATION 
              SYSTEM FOR PORTS OF ENTRY AND OVERSEAS CONSULAR POSTS.

    (a) In General.--The Attorney General, in consultation with the 
appropriate heads of other Federal agencies, including the Secretary of 
State, Secretary of the Treasury, and the Secretary of Transportation, 
shall report to Congress on the feasibility of enhancing the Integrated 
Automated Fingerprint Identification System (IAFIS) of the Federal 
Bureau of Investigation and other identification systems in order to 
better identify a person who holds a foreign passport or a visa and may 
be wanted in connection with a criminal investigation in the United 
States or abroad, before the issuance of a visa to that person or the 
entry or exit from the United States by that person.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated not less than $2,000,000 to carry out this section.

              Subtitle B--Enhanced Immigration Provisions

SEC. 411. DEFINITIONS RELATING TO TERRORISM.

    (a) Grounds of Inadmissibility.--Section 212(a)(3) of the 
Immigration and Nationality Act (8 U.S.C. 1182(a)(3)) is amended--
        (1) in subparagraph (B)--
            (A) in clause (i)--
                (i) by amending subclause (IV) to read as follows:

                    ``(IV) is a representative (as defined in clause 
                (v)) of--

                        ``(aa) a foreign terrorist organization, as 
                    designated by the Secretary of State under section 
                    219, or
                        ``(bb) a political, social or other similar 
                    group whose public endorsement of acts of terrorist 
                    activity the Secretary of State has determined 
                    undermines United States efforts to reduce or 
                    eliminate terrorist activities,'';
                (ii) in subclause (V), by inserting ``or'' after 
            ``section 219,''; and
                (iii) by adding at the end the following new 
            subclauses:

                    ``(VI) has used the alien's position of prominence 
                within any country to endorse or espouse terrorist 
                activity, or to persuade others to support terrorist 
                activity or a terrorist organization, in a way that the 
                Secretary of State has determined undermines United 
                States efforts to reduce or eliminate terrorist 
                activities, or
                    ``(VII) is the spouse or child of an alien who is 
                inadmissible under this section, if the activity 
                causing the alien to be found inadmissible occurred 
                within the last 5 years,'';

            (B) by redesignating clauses (ii), (iii), and (iv) as 
        clauses (iii), (iv), and (v), respectively;
            (C) in clause (i)(II), by striking ``clause (iii)'' and 
        inserting ``clause (iv)'';
            (D) by inserting after clause (i) the following:
                ``(ii) Exception.--Subclause (VII) of clause (i) does 
            not apply to a spouse or child--

                    ``(I) who did not know or should not reasonably 
                have known of the activity causing the alien to be 
                found inadmissible under this section; or
                    ``(II) whom the consular officer or Attorney 
                General has reasonable grounds to believe has renounced 
                the activity causing the alien to be found inadmissible 
                under this section.'';

            (E) in clause (iii) (as redesignated by subparagraph (B))--
                (i) by inserting ``it had been'' before ``committed in 
            the United States''; and
                (ii) in subclause (V)(b), by striking ``or firearm'' 
            and inserting ``, firearm, or other weapon or dangerous 
            device'';
            (F) by amending clause (iv) (as redesignated by 
        subparagraph (B)) to read as follows:
                ``(iv) Engage in terrorist activity defined.--As used 
            in this chapter, the term `engage in terrorist activity' 
            means, in an individual capacity or as a member of an 
            organization--

                    ``(I) to commit or to incite to commit, under 
                circumstances indicating an intention to cause death or 
                serious bodily injury, a terrorist activity;
                    ``(II) to prepare or plan a terrorist activity;
                    ``(III) to gather information on potential targets 
                for terrorist activity;
                    ``(IV) to solicit funds or other things of value 
                for--

                        ``(aa) a terrorist activity;
                        ``(bb) a terrorist organization described in 
                    clause (vi)(I) or (vi)(II); or
                        ``(cc) a terrorist organization described in 
                    clause (vi)(III), unless the solicitor can 
                    demonstrate that he did not know, and should not 
                    reasonably have known, that the solicitation would 
                    further the organization's terrorist activity;

                    ``(V) to solicit any individual--

                        ``(aa) to engage in conduct otherwise described 
                    in this clause;
                        ``(bb) for membership in a terrorist 
                    organization described in clause (vi)(I) or 
                    (vi)(II); or
                        ``(cc) for membership in a terrorist 
                    organization described in clause (vi)(III), unless 
                    the solicitor can demonstrate that he did not know, 
                    and should not reasonably have known, that the 
                    solicitation would further the organization's 
                    terrorist activity; or

                    ``(VI) to commit an act that the actor knows, or 
                reasonably should know, affords material support, 
                including a safe house, transportation, communications, 
                funds, transfer of funds or other material financial 
                benefit, false documentation or identification, weapons 
                (including chemical, biological, or radiological 
                weapons), explosives, or training--

                        ``(aa) for the commission of a terrorist 
                    activity;
                        ``(bb) to any individual who the actor knows, 
                    or reasonably should know, has committed or plans 
                    to commit a terrorist activity;
                        ``(cc) to a terrorist organization described in 
                    clause (vi)(I) or (vi)(II); or
                        ``(dd) to a terrorist organization described in 
                    clause (vi)(III), unless the actor can demonstrate 
                    that he did not know, and should not reasonably 
                    have known, that the act would further the 
                    organization's terrorist activity.

                This clause shall not apply to any material support the 
                alien afforded to an organization or individual that 
                has committed terrorist activity, if the Secretary of 
                State, after consultation with the Attorney General, or 
                the Attorney General, after consultation with the 
                Secretary of State, concludes in his sole unreviewable 
                discretion, that this clause should not apply.''; and

            (G) by adding at the end the following new clause:
                ``(vi) Terrorist organization defined.--As used in 
            clause (i)(VI) and clause (iv), the term `terrorist 
            organization' means an organization--

                    ``(I) designated under section 219;
                    ``(II) otherwise designated, upon publication in 
                the Federal Register, by the Secretary of State in 
                consultation with or upon the request of the Attorney 
                General, as a terrorist organization, after finding 
                that the organization engages in the activities 
                described in subclause (I), (II), or (III) of clause 
                (iv), or that the organization provides material 
                support to further terrorist activity; or
                    ``(III) that is a group of two or more individuals, 
                whether organized or not, which engages in the 
                activities described in subclause (I), (II), or (III) 
                of clause (iv).''; and

        (2) by adding at the end the following new subparagraph:
            ``(F) Association with terrorist organizations.--Any alien 
        who the Secretary of State, after consultation with the 
        Attorney General, or the Attorney General, after consultation 
        with the Secretary of State, determines has been associated 
        with a terrorist organization and intends while in the United 
        States to engage solely, principally, or incidentally in 
        activities that could endanger the welfare, safety, or security 
        of the United States is inadmissible.''.
    (b) Conforming Amendments.--
        (1) Section 237(a)(4)(B) of the Immigration and Nationality Act 
    (8 U.S.C. 1227(a)(4)(B)) is amended by striking ``section 
    212(a)(3)(B)(iii)'' and inserting ``section 212(a)(3)(B)(iv)''.
        (2) Section 208(b)(2)(A)(v) of the Immigration and Nationality 
    Act (8 U.S.C. 1158(b)(2)(A)(v)) is amended by striking ``or (IV)'' 
    and inserting ``(IV), or (VI)''.
    (c) Retroactive Application of Amendments.--
        (1) In general.--Except as otherwise provided in this 
    subsection, the amendments made by this section shall take effect 
    on the date of the enactment of this Act and shall apply to--
            (A) actions taken by an alien before, on, or after such 
        date; and
            (B) all aliens, without regard to the date of entry or 
        attempted entry into the United States--
                (i) in removal proceedings on or after such date 
            (except for proceedings in which there has been a final 
            administrative decision before such date); or
                (ii) seeking admission to the United States on or after 
            such date.
        (2) Special rule for aliens in exclusion or deportation 
    proceedings.--Notwithstanding any other provision of law, sections 
    212(a)(3)(B) and 237(a)(4)(B) of the Immigration and Nationality 
    Act, as amended by this Act, shall apply to all aliens in exclusion 
    or deportation proceedings on or after the date of the enactment of 
    this Act (except for proceedings in which there has been a final 
    administrative decision before such date) as if such proceedings 
    were removal proceedings.
        (3) Special rule for section 219 organizations and 
    organizations designated under section 212(a)(3)(B)(vi)(II).--
            (A) In general.--Notwithstanding paragraphs (1) and (2), no 
        alien shall be considered inadmissible under section 212(a)(3) 
        of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)), 
        or deportable under section 237(a)(4)(B) of such Act (8 U.S.C. 
        1227(a)(4)(B)), by reason of the amendments made by subsection 
        (a), on the ground that the alien engaged in a terrorist 
        activity described in subclause (IV)(bb), (V)(bb), or (VI)(cc) 
        of section 212(a)(3)(B)(iv) of such Act (as so amended) with 
        respect to a group at any time when the group was not a 
        terrorist organization designated by the Secretary of State 
        under section 219 of such Act (8 U.S.C. 1189) or otherwise 
        designated under section 212(a)(3)(B)(vi)(II) of such Act (as 
        so amended).
            (B) Statutory construction.--Subparagraph (A) shall not be 
        construed to prevent an alien from being considered 
        inadmissible or deportable for having engaged in a terrorist 
        activity--
                (i) described in subclause (IV)(bb), (V)(bb), or 
            (VI)(cc) of section 212(a)(3)(B)(iv) of such Act (as so 
            amended) with respect to a terrorist organization at any 
            time when such organization was designated by the Secretary 
            of State under section 219 of such Act or otherwise 
            designated under section 212(a)(3)(B)(vi)(II) of such Act 
            (as so amended); or
                (ii) described in subclause (IV)(cc), (V)(cc), or 
            (VI)(dd) of section 212(a)(3)(B)(iv) of such Act (as so 
            amended) with respect to a terrorist organization described 
            in section 212(a)(3)(B)(vi)(III) of such Act (as so 
            amended).
        (4) Exception.--The Secretary of State, in consultation with 
    the Attorney General, may determine that the amendments made by 
    this section shall not apply with respect to actions by an alien 
    taken outside the United States before the date of the enactment of 
    this Act upon the recommendation of a consular officer who has 
    concluded that there is not reasonable ground to believe that the 
    alien knew or reasonably should have known that the actions would 
    further a terrorist activity.
    (c) Designation of Foreign Terrorist Organizations.--Section 219(a) 
of the Immigration and Nationality Act (8 U.S.C. 1189(a)) is amended--
        (1) in paragraph (1)(B), by inserting ``or terrorism (as 
    defined in section 140(d)(2) of the Foreign Relations Authorization 
    Act, Fiscal Years 1988 and 1989 (22 U.S.C. 2656f(d)(2)), or retains 
    the capability and intent to engage in terrorist activity or 
    terrorism'' after ``212(a)(3)(B)'';
        (2) in paragraph (1)(C), by inserting ``or terrorism'' after 
    ``terrorist activity'';
        (3) by amending paragraph (2)(A) to read as follows:
            ``(A) Notice.--
                ``(i) To congressional leaders.--Seven days before 
            making a designation under this subsection, the Secretary 
            shall, by classified communication, notify the Speaker and 
            Minority Leader of the House of Representatives, the 
            President pro tempore, Majority Leader, and Minority Leader 
            of the Senate, and the members of the relevant committees 
            of the House of Representatives and the Senate, in writing, 
            of the intent to designate an organization under this 
            subsection, together with the findings made under paragraph 
            (1) with respect to that organization, and the factual 
            basis therefor.
                ``(ii) Publication in federal register.--The Secretary 
            shall publish the designation in the Federal Register seven 
            days after providing the notification under clause (i).'';
        (4) in paragraph (2)(B)(i), by striking ``subparagraph (A)'' 
    and inserting ``subparagraph (A)(ii)'';
        (5) in paragraph (2)(C), by striking ``paragraph (2)'' and 
    inserting ``paragraph (2)(A)(i)'';
        (6) in paragraph (3)(B), by striking ``subsection (c)'' and 
    inserting ``subsection (b)'';
        (7) in paragraph (4)(B), by inserting after the first sentence 
    the following: ``The Secretary also may redesignate such 
    organization at the end of any 2-year redesignation period (but not 
    sooner than 60 days prior to the termination of such period) for an 
    additional 2-year period upon a finding that the relevant 
    circumstances described in paragraph (1) still exist. Any 
    redesignation shall be effective immediately following the end of 
    the prior 2-year designation or redesignation period unless a 
    different effective date is provided in such redesignation.'';
        (8) in paragraph (6)(A)--
            (A) by inserting ``or a redesignation made under paragraph 
        (4)(B)'' after ``paragraph (1)'';
            (B) in clause (i)--
                (i) by inserting ``or redesignation'' after 
            ``designation'' the first place it appears; and
                (ii) by striking ``of the designation''; and
            (C) in clause (ii), by striking ``of the designation'';
        (9) in paragraph (6)(B)--
            (A) by striking ``through (4)'' and inserting ``and (3)''; 
        and
            (B) by inserting at the end the following new sentence: 
        ``Any revocation shall take effect on the date specified in the 
        revocation or upon publication in the Federal Register if no 
        effective date is specified.'';
        (10) in paragraph (7), by inserting ``, or the revocation of a 
    redesignation under paragraph (6),'' after ``paragraph (5) or 
    (6)''; and
        (11) in paragraph (8)--
            (A) by striking ``paragraph (1)(B)'' and inserting 
        ``paragraph (2)(B), or if a redesignation under this subsection 
        has become effective under paragraph (4)(B)'';
            (B) by inserting ``or an alien in a removal proceeding'' 
        after ``criminal action''; and
            (C) by inserting ``or redesignation'' before ``as a 
        defense''.

SEC. 412. MANDATORY DETENTION OF SUSPECTED TERRORISTS; HABEAS CORPUS; 
              JUDICIAL REVIEW.

    (a) In General.--The Immigration and Nationality Act (8 U.S.C. 1101 
et seq.) is amended by inserting after section 236 the following:


      ``MANDATORY DETENTION OF SUSPECTED TERRORISTS; HABEAS CORPUS; 
                            JUDICIAL REVIEW

    ``Sec. 236A. (a) Detention of Terrorist Aliens.--
        ``(1) Custody.--The Attorney General shall take into custody 
    any alien who is certified under paragraph (3).
        ``(2) Release.--Except as provided in paragraphs (5) and (6), 
    the Attorney General shall maintain custody of such an alien until 
    the alien is removed from the United States. Except as provided in 
    paragraph (6), such custody shall be maintained irrespective of any 
    relief from removal for which the alien may be eligible, or any 
    relief from removal granted the alien, until the Attorney General 
    determines that the alien is no longer an alien who may be 
    certified under paragraph (3). If the alien is finally determined 
    not to be removable, detention pursuant to this subsection shall 
    terminate.
        ``(3) Certification.--The Attorney General may certify an alien 
    under this paragraph if the Attorney General has reasonable grounds 
    to believe that the alien--
            ``(A) is described in section 212(a)(3)(A)(i), 
        212(a)(3)(A)(iii), 212(a)(3)(B), 237(a)(4)(A)(i), 
        237(a)(4)(A)(iii), or 237(a)(4)(B); or
            ``(B) is engaged in any other activity that endangers the 
        national security of the United States.
        ``(4) Nondelegation.--The Attorney General may delegate the 
    authority provided under paragraph (3) only to the Deputy Attorney 
    General. The Deputy Attorney General may not delegate such 
    authority.
        ``(5) Commencement of proceedings.--The Attorney General shall 
    place an alien detained under paragraph (1) in removal proceedings, 
    or shall charge the alien with a criminal offense, not later than 7 
    days after the commencement of such detention. If the requirement 
    of the preceding sentence is not satisfied, the Attorney General 
    shall release the alien.
        ``(6) Limitation on indefinite detention.--An alien detained 
    solely under paragraph (1) who has not been removed under section 
    241(a)(1)(A), and whose removal is unlikely in the reasonably 
    foreseeable future, may be detained for additional periods of up to 
    six months only if the release of the alien will threaten the 
    national security of the United States or the safety of the 
    community or any person.
        ``(7) Review of certification.--The Attorney General shall 
    review the certification made under paragraph (3) every 6 months. 
    If the Attorney General determines, in the Attorney General's 
    discretion, that the certification should be revoked, the alien may 
    be released on such conditions as the Attorney General deems 
    appropriate, unless such release is otherwise prohibited by law. 
    The alien may request each 6 months in writing that the Attorney 
    General reconsider the certification and may submit documents or 
    other evidence in support of that request.
    ``(b) Habeas Corpus and Judicial Review.--
        ``(1) In general.--Judicial review of any action or decision 
    relating to this section (including judicial review of the merits 
    of a determination made under subsection (a)(3) or (a)(6)) is 
    available exclusively in habeas corpus proceedings consistent with 
    this subsection. Except as provided in the preceding sentence, no 
    court shall have jurisdiction to review, by habeas corpus petition 
    or otherwise, any such action or decision.
        ``(2) Application.--
            ``(A) In general.--Notwithstanding any other provision of 
        law, including section 2241(a) of title 28, United States Code, 
        habeas corpus proceedings described in paragraph (1) may be 
        initiated only by an application filed with--
                ``(i) the Supreme Court;
                ``(ii) any justice of the Supreme Court;
                ``(iii) any circuit judge of the United States Court of 
            Appeals for the District of Columbia Circuit; or
                ``(iv) any district court otherwise having jurisdiction 
            to entertain it.
            ``(B) Application transfer.--Section 2241(b) of title 28, 
        United States Code, shall apply to an application for a writ of 
        habeas corpus described in subparagraph (A).
        ``(3) Appeals.--Notwithstanding any other provision of law, 
    including section 2253 of title 28, in habeas corpus proceedings 
    described in paragraph (1) before a circuit or district judge, the 
    final order shall be subject to review, on appeal, by the United 
    States Court of Appeals for the District of Columbia Circuit. There 
    shall be no right of appeal in such proceedings to any other 
    circuit court of appeals.
        ``(4) Rule of decision.--The law applied by the Supreme Court 
    and the United States Court of Appeals for the District of Columbia 
    Circuit shall be regarded as the rule of decision in habeas corpus 
    proceedings described in paragraph (1).
    ``(c) Statutory Construction.--The provisions of this section shall 
not be applicable to any other provision of this Act.''.
    (b) Clerical Amendment.--The table of contents of the Immigration 
and Nationality Act is amended by inserting after the item relating to 
section 236 the following:
``Sec. 236A. Mandatory detention of suspected terrorist; habeas corpus; 
          judicial review.''.
    (c) Reports.--Not later than 6 months after the date of the 
enactment of this Act, and every 6 months thereafter, the Attorney 
General shall submit a report to the Committee on the Judiciary of the 
House of Representatives and the Committee on the Judiciary of the 
Senate, with respect to the reporting period, on--
        (1) the number of aliens certified under section 236A(a)(3) of 
    the Immigration and Nationality Act, as added by subsection (a);
        (2) the grounds for such certifications;
        (3) the nationalities of the aliens so certified;
        (4) the length of the detention for each alien so certified; 
    and
        (5) the number of aliens so certified who--
            (A) were granted any form of relief from removal;
            (B) were removed;
            (C) the Attorney General has determined are no longer 
        aliens who may be so certified; or
            (D) were released from detention.

SEC. 413. MULTILATERAL COOPERATION AGAINST TERRORISTS.

    Section 222(f) of the Immigration and Nationality Act (8 U.S.C. 
1202(f)) is amended--
        (1) by striking ``except that in the discretion of'' and 
    inserting the following: ``except that--
        ``(1) in the discretion of''; and
        (2) by adding at the end the following:
        ``(2) the Secretary of State, in the Secretary's discretion and 
    on the basis of reciprocity, may provide to a foreign government 
    information in the Department of State's computerized visa lookout 
    database and, when necessary and appropriate, other records covered 
    by this section related to information in the database--
            ``(A) with regard to individual aliens, at any time on a 
        case-by-case basis for the purpose of preventing, 
        investigating, or punishing acts that would constitute a crime 
        in the United States, including, but not limited to, terrorism 
        or trafficking in controlled substances, persons, or illicit 
        weapons; or
            ``(B) with regard to any or all aliens in the database, 
        pursuant to such conditions as the Secretary of State shall 
        establish in an agreement with the foreign government in which 
        that government agrees to use such information and records for 
        the purposes described in subparagraph (A) or to deny visas to 
        persons who would be inadmissible to the United States.''.

SEC. 414. VISA INTEGRITY AND SECURITY.

    (a) Sense of Congress Regarding the Need To Expedite Implementation 
of Integrated Entry and Exit Data System.--
        (1) Sense of congress.--In light of the terrorist attacks 
    perpetrated against the United States on September 11, 2001, it is 
    the sense of the Congress that--
            (A) the Attorney General, in consultation with the 
        Secretary of State, should fully implement the integrated entry 
        and exit data system for airports, seaports, and land border 
        ports of entry, as specified in section 110 of the Illegal 
        Immigration Reform and Immigrant Responsibility Act of 1996 (8 
        U.S.C. 1365a), with all deliberate speed and as expeditiously 
        as practicable; and
            (B) the Attorney General, in consultation with the 
        Secretary of State, the Secretary of Commerce, the Secretary of 
        the Treasury, and the Office of Homeland Security, should 
        immediately begin establishing the Integrated Entry and Exit 
        Data System Task Force, as described in section 3 of the 
        Immigration and Naturalization Service Data Management 
        Improvement Act of 2000 (Public Law 106-215).
        (2) Authorization of appropriations.--There is authorized to be 
    appropriated such sums as may be necessary to fully implement the 
    system described in paragraph (1)(A).
    (b) Development of the System.--In the development of the 
integrated entry and exit data system under section 110 of the Illegal 
Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 
1365a), the Attorney General and the Secretary of State shall 
particularly focus on--
        (1) the utilization of biometric technology; and
        (2) the development of tamper-resistant documents readable at 
    ports of entry.
    (c) Interface With Law Enforcement Databases.--The entry and exit 
data system described in this section shall be able to interface with 
law enforcement databases for use by Federal law enforcement to 
identify and detain individuals who pose a threat to the national 
security of the United States.
    (d) Report on Screening Information.--Not later than 12 months 
after the date of enactment of this Act, the Office of Homeland 
Security shall submit a report to Congress on the information that is 
needed from any United States agency to effectively screen visa 
applicants and applicants for admission to the United States to 
identify those affiliated with terrorist organizations or those that 
pose any threat to the safety or security of the United States, 
including the type of information currently received by United States 
agencies and the regularity with which such information is transmitted 
to the Secretary of State and the Attorney General.

SEC. 415. PARTICIPATION OF OFFICE OF HOMELAND SECURITY ON ENTRY-EXIT 
              TASK FORCE.

    Section 3 of the Immigration and Naturalization Service Data 
Management Improvement Act of 2000 (Public Law 106-215) is amended by 
striking ``and the Secretary of the Treasury,'' and inserting ``the 
Secretary of the Treasury, and the Office of Homeland Security''.

SEC. 416. FOREIGN STUDENT MONITORING PROGRAM.

    (a) Full Implementation and Expansion of Foreign Student Visa 
Monitoring Program Required.--The Attorney General, in consultation 
with the Secretary of State, shall fully implement and expand the 
program established by section 641(a) of the Illegal Immigration Reform 
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372(a)).
    (b) Integration With Port of Entry Information.--For each alien 
with respect to whom information is collected under section 641 of the 
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 
U.S.C. 1372), the Attorney General, in consultation with the Secretary 
of State, shall include information on the date of entry and port of 
entry.
    (c) Expansion of System To Include Other Approved Educational 
Institutions.--Section 641 of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C.1372) is amended--
        (1) in subsection (a)(1), subsection (c)(4)(A), and subsection 
    (d)(1) (in the text above subparagraph (A)), by inserting ``, other 
    approved educational institutions,'' after ``higher education'' 
    each place it appears;
        (2) in subsections (c)(1)(C), (c)(1)(D), and (d)(1)(A), by 
    inserting ``, or other approved educational institution,'' after 
    ``higher education'' each place it appears;
        (3) in subsections (d)(2), (e)(1), and (e)(2), by inserting ``, 
    other approved educational institution,'' after ``higher 
    education'' each place it appears; and
        (4) in subsection (h), by adding at the end the following new 
    paragraph:
        ``(3) Other approved educational institution.--The term `other 
    approved educational institution' includes any air flight school, 
    language training school, or vocational school, approved by the 
    Attorney General, in consultation with the Secretary of Education 
    and the Secretary of State, under subparagraph (F), (J), or (M) of 
    section 101(a)(15) of the Immigration and Nationality Act.''.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to the Department of Justice $36,800,000 for the period 
beginning on the date of enactment of this Act and ending on January 1, 
2003, to fully implement and expand prior to January 1, 2003, the 
program established by section 641(a) of the Illegal Immigration Reform 
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372(a)).

SEC. 417. MACHINE READABLE PASSPORTS.

    (a) Audits.--The Secretary of State shall, each fiscal year until 
September 30, 2007--
        (1) perform annual audits of the implementation of section 
    217(c)(2)(B) of the Immigration and Nationality Act (8 U.S.C. 
    1187(c)(2)(B));
        (2) check for the implementation of precautionary measures to 
    prevent the counterfeiting and theft of passports; and
        (3) ascertain that countries designated under the visa waiver 
    program have established a program to develop tamper-resistant 
    passports.
    (b) Periodic Reports.--Beginning one year after the date of 
enactment of this Act, and every year thereafter until 2007, the 
Secretary of State shall submit a report to Congress setting forth the 
findings of the most recent audit conducted under subsection (a)(1).
    (c) Advancing Deadline for Satisfaction of Requirement.--Section 
217(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1187(a)(3)) 
is amended by striking ``2007'' and inserting ``2003''.
    (d) Waiver.--Section 217(a)(3) of the Immigration and Nationality 
Act (8 U.S.C. 1187(a)(3)) is amended--
        (1) by striking ``On or after'' and inserting the following:
            ``(A) In general.--Except as provided in subparagraph (B), 
        on or after''; and
        (2) by adding at the end the following:
            ``(B) Limited waiver authority.--For the period beginning 
        October 1, 2003, and ending September 30, 2007, the Secretary 
        of State may waive the requirement of subparagraph (A) with 
        respect to nationals of a program country (as designated under 
        subsection (c)), if the Secretary of State finds that the 
        program country--
                ``(i) is making progress toward ensuring that passports 
            meeting the requirement of subparagraph (A) are generally 
            available to its nationals; and
                ``(ii) has taken appropriate measures to protect 
            against misuse of passports the country has issued that do 
            not meet the requirement of subparagraph (A).''.

SEC. 418. PREVENTION OF CONSULATE SHOPPING.

    (a) Review.--The Secretary of State shall review how consular 
officers issue visas to determine if consular shopping is a problem.
    (b) Actions to be Taken.--If the Secretary of State determines 
under subsection (a) that consular shopping is a problem, the Secretary 
shall take steps to address the problem and shall submit a report to 
Congress describing what action was taken.

    Subtitle C--Preservation of Immigration Benefits for Victims of 
                               Terrorism

SEC. 421. SPECIAL IMMIGRANT STATUS.

    (a) In General.--For purposes of the Immigration and Nationality 
Act (8 U.S.C. 1101 et seq.), the Attorney General may provide an alien 
described in subsection (b) with the status of a special immigrant 
under section 101(a)(27) of such Act (8 U.S.C. 1101(a(27)), if the 
alien--
        (1) files with the Attorney General a petition under section 
    204 of such Act (8 U.S.C. 1154) for classification under section 
    203(b)(4) of such Act (8 U.S.C. 1153(b)(4)); and
        (2) is otherwise eligible to receive an immigrant visa and is 
    otherwise admissible to the United States for permanent residence, 
    except in determining such admissibility, the grounds for 
    inadmissibility specified in section 212(a)(4) of such Act (8 
    U.S.C. 1182(a)(4)) shall not apply.
    (b) Aliens Described.--
        (1) Principal aliens.--An alien is described in this subsection 
    if--
            (A) the alien was the beneficiary of--
                (i) a petition that was filed with the Attorney General 
            on or before September 11, 2001--

                    (I) under section 204 of the Immigration and 
                Nationality Act (8 U.S.C. 1154) to classify the alien 
                as a family-sponsored immigrant under section 203(a) of 
                such Act (8 U.S.C. 1153(a)) or as an employment-based 
                immigrant under section 203(b) of such Act (8 U.S.C. 
                1153(b)); or
                    (II) under section 214(d) (8 U.S.C. 1184(d)) of 
                such Act to authorize the issuance of a nonimmigrant 
                visa to the alien under section 101(a)(15)(K) of such 
                Act (8 U.S.C. 1101(a)(15)(K)); or

                (ii) an application for labor certification under 
            section 212(a)(5)(A) of such Act (8 U.S.C. 1182(a)(5)(A)) 
            that was filed under regulations of the Secretary of Labor 
            on or before such date; and
            (B) such petition or application was revoked or terminated 
        (or otherwise rendered null), either before or after its 
        approval, due to a specified terrorist activity that directly 
        resulted in--
                (i) the death or disability of the petitioner, 
            applicant, or alien beneficiary; or
                (ii) loss of employment due to physical damage to, or 
            destruction of, the business of the petitioner or 
            applicant.
        (2) Spouses and children.--
            (A) In general.--An alien is described in this subsection 
        if--
                (i) the alien was, on September 10, 2001, the spouse or 
            child of a principal alien described in paragraph (1); and
                (ii) the alien--

                    (I) is accompanying such principal alien; or
                    (II) is following to join such principal alien not 
                later than September 11, 2003.

            (B) Construction.--For purposes of construing the terms 
        ``accompanying'' and ``following to join'' in subparagraph 
        (A)(ii), any death of a principal alien that is described in 
        paragraph (1)(B)(i) shall be disregarded.
        (3) Grandparents of orphans.--An alien is described in this 
    subsection if the alien is a grandparent of a child, both of whose 
    parents died as a direct result of a specified terrorist activity, 
    if either of such deceased parents was, on September 10, 2001, a 
    citizen or national of the United States or an alien lawfully 
    admitted for permanent residence in the United States.
    (c) Priority Date.--Immigrant visas made available under this 
section shall be issued to aliens in the order in which a petition on 
behalf of each such alien is filed with the Attorney General under 
subsection (a)(1), except that if an alien was assigned a priority date 
with respect to a petition described in subsection (b)(1)(A)(i), the 
alien may maintain that priority date.
    (d) Numerical Limitations.--For purposes of the application of 
sections 201 through 203 of the Immigration and Nationality Act (8 
U.S.C. 1151-1153) in any fiscal year, aliens eligible to be provided 
status under this section shall be treated as special immigrants 
described in section 101(a)(27) of such Act (8 U.S.C. 1101(a)(27)) who 
are not described in subparagraph (A), (B), (C), or (K) of such 
section.

SEC. 422. EXTENSION OF FILING OR REENTRY DEADLINES.

    (a) Automatic Extension of Nonimmigrant Status.--
        (1) In general.--Notwithstanding section 214 of the Immigration 
    and Nationality Act (8 U.S.C. 1184), in the case of an alien 
    described in paragraph (2) who was lawfully present in the United 
    States as a nonimmigrant on September 10, 2001, the alien may 
    remain lawfully in the United States in the same nonimmigrant 
    status until the later of--
            (A) the date such lawful nonimmigrant status otherwise 
        would have terminated if this subsection had not been enacted; 
        or
            (B) 1 year after the death or onset of disability described 
        in paragraph (2).
        (2) Aliens described.--
            (A) Principal aliens.--An alien is described in this 
        paragraph if the alien was disabled as a direct result of a 
        specified terrorist activity.
            (B) Spouses and children.--An alien is described in this 
        paragraph if the alien was, on September 10, 2001, the spouse 
        or child of--
                (i) a principal alien described in subparagraph (A); or
                (ii) an alien who died as a direct result of a 
            specified terrorist activity.
        (3) Authorized employment.--During the period in which a 
    principal alien or alien spouse is in lawful nonimmigrant status 
    under paragraph (1), the alien shall be provided an ``employment 
    authorized'' endorsement or other appropriate document signifying 
    authorization of employment not later than 30 days after the alien 
    requests such authorization.
    (b) New Deadlines for Extension or Change of Nonimmigrant Status.--
        (1) Filing delays.--In the case of an alien who was lawfully 
    present in the United States as a nonimmigrant on September 10, 
    2001, if the alien was prevented from filing a timely application 
    for an extension or change of nonimmigrant status as a direct 
    result of a specified terrorist activity, the alien's application 
    shall be considered timely filed if it is filed not later than 60 
    days after it otherwise would have been due.
        (2) Departure delays.--In the case of an alien who was lawfully 
    present in the United States as a nonimmigrant on September 10, 
    2001, if the alien is unable timely to depart the United States as 
    a direct result of a specified terrorist activity, the alien shall 
    not be considered to have been unlawfully present in the United 
    States during the period beginning on September 11, 2001, and 
    ending on the date of the alien's departure, if such departure 
    occurs on or before November 11, 2001.
        (3) Special rule for aliens unable to return from abroad.--
            (A) Principal aliens.--In the case of an alien who was in a 
        lawful nonimmigrant status on September 10, 2001, but who was 
        not present in the United States on such date, if the alien was 
        prevented from returning to the United States in order to file 
        a timely application for an extension of nonimmigrant status as 
        a direct result of a specified terrorist activity--
                (i) the alien's application shall be considered timely 
            filed if it is filed not later than 60 days after it 
            otherwise would have been due; and
                (ii) the alien's lawful nonimmigrant status shall be 
            considered to continue until the later of--

                    (I) the date such status otherwise would have 
                terminated if this subparagraph had not been enacted; 
                or
                    (II) the date that is 60 days after the date on 
                which the application described in clause (i) otherwise 
                would have been due.

            (B) Spouses and children.--In the case of an alien who is 
        the spouse or child of a principal alien described in 
        subparagraph (A), if the spouse or child was in a lawful 
        nonimmigrant status on September 10, 2001, the spouse or child 
        may remain lawfully in the United States in the same 
        nonimmigrant status until the later of--
                (i) the date such lawful nonimmigrant status otherwise 
            would have terminated if this subparagraph had not been 
            enacted; or
                (ii) the date that is 60 days after the date on which 
            the application described in subparagraph (A) otherwise 
            would have been due.
        (4) Circumstances preventing timely action.--
            (A) Filing delays.--For purposes of paragraph (1), 
        circumstances preventing an alien from timely acting are--
                (i) office closures;
                (ii) mail or courier service cessations or delays; and
                (iii) other closures, cessations, or delays affecting 
            case processing or travel necessary to satisfy legal 
            requirements.
            (B) Departure and return delays.--For purposes of 
        paragraphs (2) and (3), circumstances preventing an alien from 
        timely acting are--
                (i) office closures;
                (ii) airline flight cessations or delays; and
                (iii) other closures, cessations, or delays affecting 
            case processing or travel necessary to satisfy legal 
            requirements.
    (c) Diversity Immigrants.--
        (1) Waiver of fiscal year limitation.--Notwithstanding section 
    203(e)(2) of the Immigration and Nationality Act (8 U.S.C. 
    1153(e)(2)), an immigrant visa number issued to an alien under 
    section 203(c) of such Act for fiscal year 2001 may be used by the 
    alien during the period beginning on October 1, 2001, and ending on 
    April 1, 2002, if the alien establishes that the alien was 
    prevented from using it during fiscal year 2001 as a direct result 
    of a specified terrorist activity.
        (2) Worldwide level.--In the case of an alien entering the 
    United States as a lawful permanent resident, or adjusting to that 
    status, under paragraph (1) or (3), the alien shall be counted as a 
    diversity immigrant for fiscal year 2001 for purposes of section 
    201(e) of the Immigration and Nationality Act (8 U.S.C. 1151(e)), 
    unless the worldwide level under such section for such year has 
    been exceeded, in which case the alien shall be counted as a 
    diversity immigrant for fiscal year 2002.
        (3) Treatment of family members of certain aliens.--In the case 
    of a principal alien issued an immigrant visa number under section 
    203(c) of the Immigration and Nationality Act (8 U.S.C. 1153(c)) 
    for fiscal year 2001, if such principal alien died as a direct 
    result of a specified terrorist activity, the aliens who were, on 
    September 10, 2001, the spouse and children of such principal alien 
    shall, until June 30, 2002, if not otherwise entitled to an 
    immigrant status and the immediate issuance of a visa under 
    subsection (a), (b), or (c) of section 203 of such Act, be entitled 
    to the same status, and the same order of consideration, that would 
    have been provided to such alien spouse or child under section 
    203(d) of such Act as if the principal alien were not deceased and 
    as if the spouse or child's visa application had been adjudicated 
    by September 30, 2001.
        (4) Circumstances preventing timely action.--For purposes of 
    paragraph (1), circumstances preventing an alien from using an 
    immigrant visa number during fiscal year 2001 are--
            (A) office closures;
            (B) mail or courier service cessations or delays;
            (C) airline flight cessations or delays; and
            (D) other closures, cessations, or delays affecting case 
        processing or travel necessary to satisfy legal requirements.
    (d) Extension of Expiration of Immigrant Visas.--
        (1) In general.--Notwithstanding the limitations under section 
    221(c) of the Immigration and Nationality Act (8 U.S.C. 1201(c)), 
    in the case of any immigrant visa issued to an alien that expires 
    or expired before December 31, 2001, if the alien was unable to 
    effect entry into the United States as a direct result of a 
    specified terrorist activity, then the period of validity of the 
    visa is extended until December 31, 2001, unless a longer period of 
    validity is otherwise provided under this subtitle.
        (2) Circumstances preventing entry.--For purposes of this 
    subsection, circumstances preventing an alien from effecting entry 
    into the United States are--
            (A) office closures;
            (B) airline flight cessations or delays; and
            (C) other closures, cessations, or delays affecting case 
        processing or travel necessary to satisfy legal requirements.
    (e) Grants of Parole Extended.--
        (1) In general.--In the case of any parole granted by the 
    Attorney General under section 212(d)(5) of the Immigration and 
    Nationality Act (8 U.S.C. 1182(d)(5)) that expires on a date on or 
    after September 11, 2001, if the alien beneficiary of the parole 
    was unable to return to the United States prior to the expiration 
    date as a direct result of a specified terrorist activity, the 
    parole is deemed extended for an additional 90 days.
        (2) Circumstances preventing return.--For purposes of this 
    subsection, circumstances preventing an alien from timely returning 
    to the United States are--
            (A) office closures;
            (B) airline flight cessations or delays; and
            (C) other closures, cessations, or delays affecting case 
        processing or travel necessary to satisfy legal requirements.
    (f) Voluntary Departure.--Notwithstanding section 240B of the 
Immigration and Nationality Act (8 U.S.C. 1229c), if a period for 
voluntary departure under such section expired during the period 
beginning on September 11, 2001, and ending on October 11, 2001, such 
voluntary departure period is deemed extended for an additional 30 
days.

SEC. 423. HUMANITARIAN RELIEF FOR CERTAIN SURVIVING SPOUSES AND 
              CHILDREN.

    (a) Treatment as Immediate Relatives.--
        (1) Spouses.--Notwithstanding the second sentence of section 
    201(b)(2)(A)(i) of the Immigration and Nationality Act (8 U.S.C. 
    1151(b)(2)(A)(i)), in the case of an alien who was the spouse of a 
    citizen of the United States at the time of the citizen's death and 
    was not legally separated from the citizen at the time of the 
    citizen's death, if the citizen died as a direct result of a 
    specified terrorist activity, the alien (and each child of the 
    alien) shall be considered, for purposes of section 201(b) of such 
    Act, to remain an immediate relative after the date of the 
    citizen's death, but only if the alien files a petition under 
    section 204(a)(1)(A)(ii) of such Act within 2 years after such date 
    and only until the date the alien remarries. For purposes of such 
    section 204(a)(1)(A)(ii), an alien granted relief under the 
    preceding sentence shall be considered an alien spouse described in 
    the second sentence of section 201(b)(2)(A)(i) of such Act.
        (2) Children.--
            (A) In general.--In the case of an alien who was the child 
        of a citizen of the United States at the time of the citizen's 
        death, if the citizen died as a direct result of a specified 
        terrorist activity, the alien shall be considered, for purposes 
        of section 201(b) of the Immigration and Nationality Act (8 
        U.S.C. 1151(b)), to remain an immediate relative after the date 
        of the citizen's death (regardless of changes in age or marital 
        status thereafter), but only if the alien files a petition 
        under subparagraph (B) within 2 years after such date.
            (B) Petitions.--An alien described in subparagraph (A) may 
        file a petition with the Attorney General for classification of 
        the alien under section 201(b)(2)(A)(i) of the Immigration and 
        Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)). For purposes of 
        such Act, such a petition shall be considered a petition filed 
        under section 204(a)(1)(A) of such Act (8 U.S.C. 
        1154(a)(1)(A)).
    (b) Spouses, Children, Unmarried Sons and Daughters of Lawful 
Permanent Resident Aliens.--
        (1) In general.--Any spouse, child, or unmarried son or 
    daughter of an alien described in paragraph (3) who is included in 
    a petition for classification as a family-sponsored immigrant under 
    section 203(a)(2) of the Immigration and Nationality Act (8 U.S.C. 
    1153(a)(2)) that was filed by such alien before September 11, 2001, 
    shall be considered (if the spouse, child, son, or daughter has not 
    been admitted or approved for lawful permanent residence by such 
    date) a valid petitioner for preference status under such section 
    with the same priority date as that assigned prior to the death 
    described in paragraph (3)(A). No new petition shall be required to 
    be filed. Such spouse, child, son, or daughter may be eligible for 
    deferred action and work authorization.
        (2) Self-petitions.--Any spouse, child, or unmarried son or 
    daughter of an alien described in paragraph (3) who is not a 
    beneficiary of a petition for classification as a family-sponsored 
    immigrant under section 203(a)(2) of the Immigration and 
    Nationality Act may file a petition for such classification with 
    the Attorney General, if the spouse, child, son, or daughter was 
    present in the United States on September 11, 2001. Such spouse, 
    child, son, or daughter may be eligible for deferred action and 
    work authorization.
        (3) Aliens described.--An alien is described in this paragraph 
    if the alien--
            (A) died as a direct result of a specified terrorist 
        activity; and
            (B) on the day of such death, was lawfully admitted for 
        permanent residence in the United States.
    (c) Applications for Adjustment of Status by Surviving Spouses and 
Children of Employment-Based Immigrants.--
        (1) In general.--Any alien who was, on September 10, 2001, the 
    spouse or child of an alien described in paragraph (2), and who 
    applied for adjustment of status prior to the death described in 
    paragraph (2)(A), may have such application adjudicated as if such 
    death had not occurred.
        (2) Aliens described.--An alien is described in this paragraph 
    if the alien--
            (A) died as a direct result of a specified terrorist 
        activity; and
            (B) on the day before such death, was--
                (i) an alien lawfully admitted for permanent residence 
            in the United States by reason of having been allotted a 
            visa under section 203(b) of the Immigration and 
            Nationality Act (8 U.S.C. 1153(b)); or
                (ii) an applicant for adjustment of status to that of 
            an alien described in clause (i), and admissible to the 
            United States for permanent residence.
    (d) Waiver of Public Charge Grounds.--In determining the 
admissibility of any alien accorded an immigration benefit under this 
section, the grounds for inadmissibility specified in section 212(a)(4) 
of the Immigration and Nationality Act (8 U.S.C. 1182(a)(4)) shall not 
apply.

SEC. 424. ``AGE-OUT'' PROTECTION FOR CHILDREN.

    For purposes of the administration of the Immigration and 
Nationality Act (8 U.S.C. 1101 et seq.), in the case of an alien--
        (1) whose 21st birthday occurs in September 2001, and who is 
    the beneficiary of a petition or application filed under such Act 
    on or before September 11, 2001, the alien shall be considered to 
    be a child for 90 days after the alien's 21st birthday for purposes 
    of adjudicating such petition or application; and
        (2) whose 21st birthday occurs after September 2001, and who is 
    the beneficiary of a petition or application filed under such Act 
    on or before September 11, 2001, the alien shall be considered to 
    be a child for 45 days after the alien's 21st birthday for purposes 
    of adjudicating such petition or application.

SEC. 425. TEMPORARY ADMINISTRATIVE RELIEF.

    The Attorney General, for humanitarian purposes or to ensure family 
unity, may provide temporary administrative relief to any alien who--
        (1) was lawfully present in the United States on September 10, 
    2001;
        (2) was on such date the spouse, parent, or child of an 
    individual who died or was disabled as a direct result of a 
    specified terrorist activity; and
        (3) is not otherwise entitled to relief under any other 
    provision of this subtitle.

SEC. 426. EVIDENCE OF DEATH, DISABILITY, OR LOSS OF EMPLOYMENT.

    (a) In General.--The Attorney General shall establish appropriate 
standards for evidence demonstrating, for purposes of this subtitle, 
that any of the following occurred as a direct result of a specified 
terrorist activity:
        (1) Death.
        (2) Disability.
        (3) Loss of employment due to physical damage to, or 
    destruction of, a business.
    (b) Waiver of Regulations.--The Attorney General shall carry out 
subsection (a) as expeditiously as possible. The Attorney General is 
not required to promulgate regulations prior to implementing this 
subtitle.

SEC. 427. NO BENEFITS TO TERRORISTS OR FAMILY MEMBERS OF TERRORISTS.

    Notwithstanding any other provision of this subtitle, nothing in 
this subtitle shall be construed to provide any benefit or relief to--
        (1) any individual culpable for a specified terrorist activity; 
    or
        (2) any family member of any individual described in paragraph 
    (1).

SEC. 428. DEFINITIONS.

    (a) Application of Immigration and Nationality Act Provisions.--
Except as otherwise specifically provided in this subtitle, the 
definitions used in the Immigration and Nationality Act (excluding the 
definitions applicable exclusively to title III of such Act) shall 
apply in the administration of this subtitle.
    (b) Specified Terrorist Activity.--For purposes of this subtitle, 
the term ``specified terrorist activity'' means any terrorist activity 
conducted against the Government or the people of the United States on 
September 11, 2001.

         TITLE V--REMOVING OBSTACLES TO INVESTIGATING TERRORISM

SEC. 501. ATTORNEY GENERAL'S AUTHORITY TO PAY REWARDS TO COMBAT 
              TERRORISM.

    (a) Payment of Rewards To Combat Terrorism.--Funds available to the 
Attorney General may be used for the payment of rewards pursuant to 
public advertisements for assistance to the Department of Justice to 
combat terrorism and defend the Nation against terrorist acts, in 
accordance with procedures and regulations established or issued by the 
Attorney General.
    (b) Conditions.--In making rewards under this section--
        (1) no such reward of $250,000 or more may be made or offered 
    without the personal approval of either the Attorney General or the 
    President;
        (2) the Attorney General shall give written notice to the 
    Chairmen and ranking minority members of the Committees on 
    Appropriations and the Judiciary of the Senate and of the House of 
    Representatives not later than 30 days after the approval of a 
    reward under paragraph (1);
        (3) any executive agency or military department (as defined, 
    respectively, in sections 105 and 102 of title 5, United States 
    Code) may provide the Attorney General with funds for the payment 
    of rewards;
        (4) neither the failure of the Attorney General to authorize a 
    payment nor the amount authorized shall be subject to judicial 
    review; and
        (5) no such reward shall be subject to any per- or aggregate 
    reward spending limitation established by law, unless that law 
    expressly refers to this section, and no reward paid pursuant to 
    any such offer shall count toward any such aggregate reward 
    spending limitation.

SEC. 502. SECRETARY OF STATE'S AUTHORITY TO PAY REWARDS.

    Section 36 of the State Department Basic Authorities Act of 1956 
(Public Law 885, August 1, 1956; 22 U.S.C. 2708) is amended--
        (1) in subsection (b)--
            (A) in paragraph (4), by striking ``or'' at the end;
            (B) in paragraph (5), by striking the period at the end and 
        inserting ``, including by dismantling an organization in whole 
        or significant part; or''; and
            (C) by adding at the end the following:
        ``(6) the identification or location of an individual who holds 
    a key leadership position in a terrorist organization.'';
        (2) in subsection (d), by striking paragraphs (2) and (3) and 
    redesignating paragraph (4) as paragraph (2); and
        (3) in subsection (e)(1), by inserting ``, except as personally 
    authorized by the Secretary of State if he determines that offer or 
    payment of an award of a larger amount is necessary to combat 
    terrorism or defend the Nation against terrorist acts.'' after 
    ``$5,000,000''.

SEC. 503. DNA IDENTIFICATION OF TERRORISTS AND OTHER VIOLENT OFFENDERS.

    Section 3(d)(2) of the DNA Analysis Backlog Elimination Act of 2000 
(42 U.S.C. 14135a(d)(2)) is amended to read as follows:
        ``(2) In addition to the offenses described in paragraph (1), 
    the following offenses shall be treated for purposes of this 
    section as qualifying Federal offenses, as determined by the 
    Attorney General:
            ``(A) Any offense listed in section 2332b(g)(5)(B) of title 
        18, United States Code.
            ``(B) Any crime of violence (as defined in section 16 of 
        title 18, United States Code).
            ``(C) Any attempt or conspiracy to commit any of the above 
        offenses.''.

SEC. 504. COORDINATION WITH LAW ENFORCEMENT.

    (a) Information Acquired From an Electronic Surveillance.--Section 
106 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
1806), is amended by adding at the end the following:
    ``(k)(1) Federal officers who conduct electronic surveillance to 
acquire foreign intelligence information under this title may consult 
with Federal law enforcement officers to coordinate efforts to 
investigate or protect against--
        ``(A) actual or potential attack or other grave hostile acts of 
    a foreign power or an agent of a foreign power;
        ``(B) sabotage or international terrorism by a foreign power or 
    an agent of a foreign power; or
        ``(C) clandestine intelligence activities by an intelligence 
    service or network of a foreign power or by an agent of a foreign 
    power.
    ``(2) Coordination authorized under paragraph (1) shall not 
preclude the certification required by section 104(a)(7)(B) or the 
entry of an order under section 105.''.
    (b) Information Acquired From a Physical Search.--Section 305 of 
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1825) is 
amended by adding at the end the following:
    ``(k)(1) Federal officers who conduct physical searches to acquire 
foreign intelligence information under this title may consult with 
Federal law enforcement officers to coordinate efforts to investigate 
or protect against--
        ``(A) actual or potential attack or other grave hostile acts of 
    a foreign power or an agent of a foreign power;
        ``(B) sabotage or international terrorism by a foreign power or 
    an agent of a foreign power; or
        ``(C) clandestine intelligence activities by an intelligence 
    service or network of a foreign power or by an agent of a foreign 
    power.
    ``(2) Coordination authorized under paragraph (1) shall not 
preclude the certification required by section 303(a)(7) or the entry 
of an order under section 304.''.

SEC. 505. MISCELLANEOUS NATIONAL SECURITY AUTHORITIES.

    (a) Telephone Toll and Transactional Records.--Section 2709(b) of 
title 18, United States Code, is amended--
        (1) in the matter preceding paragraph (1), by inserting ``at 
    Bureau headquarters or a Special Agent in Charge in a Bureau field 
    office designated by the Director'' after ``Assistant Director'';
        (2) in paragraph (1)--
            (A) by striking ``in a position not lower than Deputy 
        Assistant Director''; and
            (B) by striking ``made that'' and all that follows and 
        inserting the following: ``made that the name, address, length 
        of service, and toll billing records sought are relevant to an 
        authorized investigation to protect against international 
        terrorism or clandestine intelligence activities, provided that 
        such an investigation of a United States person is not 
        conducted solely on the basis of activities protected by the 
        first amendment to the Constitution of the United States; 
        and''; and
        (3) in paragraph (2)--
            (A) by striking ``in a position not lower than Deputy 
        Assistant Director''; and
            (B) by striking ``made that'' and all that follows and 
        inserting the following: ``made that the information sought is 
        relevant to an authorized investigation to protect against 
        international terrorism or clandestine intelligence activities, 
        provided that such an investigation of a United States person 
        is not conducted solely upon the basis of activities protected 
        by the first amendment to the Constitution of the United 
        States.''.
    (b) Financial Records.--Section 1114(a)(5)(A) of the Right to 
Financial Privacy Act of 1978 (12 U.S.C. 3414(a)(5)(A)) is amended--
        (1) by inserting ``in a position not lower than Deputy 
    Assistant Director at Bureau headquarters or a Special Agent in 
    Charge in a Bureau field office designated by the Director'' after 
    ``designee''; and
        (2) by striking ``sought'' and all that follows and inserting 
    ``sought for foreign counter intelligence purposes to protect 
    against international terrorism or clandestine intelligence 
    activities, provided that such an investigation of a United States 
    person is not conducted solely upon the basis of activities 
    protected by the first amendment to the Constitution of the United 
    States.''.
    (c) Consumer Reports.--Section 624 of the Fair Credit Reporting Act 
(15 U.S.C. 1681u) is amended--
        (1) in subsection (a)--
            (A) by inserting ``in a position not lower than Deputy 
        Assistant Director at Bureau headquarters or a Special Agent in 
        Charge of a Bureau field office designated by the Director'' 
        after ``designee'' the first place it appears; and
            (B) by striking ``in writing that'' and all that follows 
        through the end and inserting the following: ``in writing, that 
        such information is sought for the conduct of an authorized 
        investigation to protect against international terrorism or 
        clandestine intelligence activities, provided that such an 
        investigation of a United States person is not conducted solely 
        upon the basis of activities protected by the first amendment 
        to the Constitution of the United States.'';
        (2) in subsection (b)--
            (A) by inserting ``in a position not lower than Deputy 
        Assistant Director at Bureau headquarters or a Special Agent in 
        Charge of a Bureau field office designated by the Director'' 
        after ``designee'' the first place it appears; and
            (B) by striking ``in writing that'' and all that follows 
        through the end and inserting the following: ``in writing that 
        such information is sought for the conduct of an authorized 
        investigation to protect against international terrorism or 
        clandestine intelligence activities, provided that such an 
        investigation of a United States person is not conducted solely 
        upon the basis of activities protected by the first amendment 
        to the Constitution of the United States.''; and
        (3) in subsection (c)--
            (A) by inserting ``in a position not lower than Deputy 
        Assistant Director at Bureau headquarters or a Special Agent in 
        Charge in a Bureau field office designated by the Director'' 
        after ``designee of the Director''; and
            (B) by striking ``in camera that'' and all that follows 
        through ``States.'' and inserting the following: ``in camera 
        that the consumer report is sought for the conduct of an 
        authorized investigation to protect against international 
        terrorism or clandestine intelligence activities, provided that 
        such an investigation of a United States person is not 
        conducted solely upon the basis of activities protected by the 
        first amendment to the Constitution of the United States.''.

SEC. 506. EXTENSION OF SECRET SERVICE JURISDICTION.

    (a) Concurrent Jurisdiction Under 18 U.S.C. 1030.--Section 1030(d) 
of title 18, United States Code, is amended to read as follows:
    ``(d)(1) The United States Secret Service shall, in addition to any 
other agency having such authority, have the authority to investigate 
offenses under this section.
    ``(2) The Federal Bureau of Investigation shall have primary 
authority to investigate offenses under subsection (a)(1) for any cases 
involving espionage, foreign counterintelligence, information protected 
against unauthorized disclosure for reasons of national defense or 
foreign relations, or Restricted Data (as that term is defined in 
section 11y of the Atomic Energy Act of 1954 (42 U.S.C. 2014(y)), 
except for offenses affecting the duties of the United States Secret 
Service pursuant to section 3056(a) of this title.
    ``(3) Such authority shall be exercised in accordance with an 
agreement which shall be entered into by the Secretary of the Treasury 
and the Attorney General.''.
    (b) Reauthorization of Jurisdiction under 18 U.S.C. 1344.--Section 
3056(b)(3) of title 18, United States Code, is amended by striking 
``credit and debit card frauds, and false identification documents or 
devices'' and inserting ``access device frauds, false identification 
documents or devices, and any fraud or other criminal or unlawful 
activity in or against any federally insured financial institution''.

SEC. 507. DISCLOSURE OF EDUCATIONAL RECORDS.

    Section 444 of the General Education Provisions Act (20 U.S.C. 
1232g), is amended by adding after subsection (i) a new subsection (j) 
to read as follows:
    ``(j) Investigation and Prosecution of Terrorism.--
        ``(1) In general.--Notwithstanding subsections (a) through (i) 
    or any provision of State law, the Attorney General (or any Federal 
    officer or employee, in a position not lower than an Assistant 
    Attorney General, designated by the Attorney General) may submit a 
    written application to a court of competent jurisdiction for an ex 
    parte order requiring an educational agency or institution to 
    permit the Attorney General (or his designee) to--
            ``(A) collect education records in the possession of the 
        educational agency or institution that are relevant to an 
        authorized investigation or prosecution of an offense listed in 
        section 2332b(g)(5)(B) of title 18 United States Code, or an 
        act of domestic or international terrorism as defined in 
        section 2331 of that title; and
            ``(B) for official purposes related to the investigation or 
        prosecution of an offense described in paragraph (1)(A), 
        retain, disseminate, and use (including as evidence at trial or 
        in other administrative or judicial proceedings) such records, 
        consistent with such guidelines as the Attorney General, after 
        consultation with the Secretary, shall issue to protect 
        confidentiality.
        ``(2) Application and approval.--
            ``(A) In general.--An application under paragraph (1) shall 
        certify that there are specific and articulable facts giving 
        reason to believe that the education records are likely to 
        contain information described in paragraph (1)(A).
            ``(B) The court shall issue an order described in paragraph 
        (1) if the court finds that the application for the order 
        includes the certification described in subparagraph (A).
        ``(3) Protection of educational agency or institution.--An 
    educational agency or institution that, in good faith, produces 
    education records in accordance with an order issued under this 
    subsection shall not be liable to any person for that production.
        ``(4) Record-keeping.--Subsection (b)(4) does not apply to 
    education records subject to a court order under this 
    subsection.''.

SEC. 508. DISCLOSURE OF INFORMATION FROM NCES SURVEYS.

    Section 408 of the National Education Statistics Act of 1994 (20 
U.S.C. 9007), is amended by adding after subsection (b) a new 
subsection (c) to read as follows:
    ``(c) Investigation and Prosecution of Terrorism.--
        ``(1) In General.--Notwithstanding subsections (a) and (b), the 
    Attorney General (or any Federal officer or employee, in a position 
    not lower than an Assistant Attorney General, designated by the 
    Attorney General) may submit a written application to a court of 
    competent jurisdiction for an ex parte order requiring the 
    Secretary to permit the Attorney General (or his designee) to--
            ``(A) collect reports, records, and information (including 
        individually identifiable information) in the possession of the 
        center that are relevant to an authorized investigation or 
        prosecution of an offense listed in section 2332b(g)(5)(B) of 
        title 18, United States Code, or an act of domestic or 
        international terrorism as defined in section 2331 of that 
        title; and
            ``(B) for official purposes related to the investigation or 
        prosecution of an offense described in paragraph (1)(A), 
        retain, disseminate, and use (including as evidence at trial or 
        in other administrative or judicial proceedings) such 
        information, consistent with such guidelines as the Attorney 
        General, after consultation with the Secretary, shall issue to 
        protect confidentiality.
        ``(2) Application and approval.--
            ``(A) In general.--An application under paragraph (1) shall 
        certify that there are specific and articulable facts giving 
        reason to believe that the information sought is described in 
        paragraph (1)(A).
            ``(B) The court shall issue an order described in paragraph 
        (1) if the court finds that the application for the order 
        includes the certification described in subparagraph (A).
            ``(3) Protection.--An officer or employee of the Department 
        who, in good faith, produces information in accordance with an 
        order issued under this subsection does not violate subsection 
        (b)(2) and shall not be liable to any person for that 
        production.''.

 TITLE VI--PROVIDING FOR VICTIMS OF TERRORISM, PUBLIC SAFETY OFFICERS, 
                           AND THEIR FAMILIES
         Subtitle A--Aid to Families of Public Safety Officers

SEC. 611. EXPEDITED PAYMENT FOR PUBLIC SAFETY OFFICERS INVOLVED IN THE 
              PREVENTION, INVESTIGATION, RESCUE, OR RECOVERY EFFORTS 
              RELATED TO A TERRORIST ATTACK.

    (a) In General.--Notwithstanding the limitations of subsection (b) 
of section 1201 or the provisions of subsections (c), (d), and (e) of 
such section or section 1202 of title I of the Omnibus Crime Control 
and Safe Streets Act of 1968 (42 U.S.C. 3796, 3796a), upon 
certification (containing identification of all eligible payees of 
benefits pursuant to section 1201 of such Act) by a public agency that 
a public safety officer employed by such agency was killed or suffered 
a catastrophic injury producing permanent and total disability as a 
direct and proximate result of a personal injury sustained in the line 
of duty as described in section 1201 of such Act in connection with 
prevention, investigation, rescue, or recovery efforts related to a 
terrorist attack, the Director of the Bureau of Justice Assistance 
shall authorize payment to qualified beneficiaries, said payment to be 
made not later than 30 days after receipt of such certification, 
benefits described under subpart 1 of part L of such Act (42 U.S.C. 
3796 et seq.).
    (b) Definitions.--For purposes of this section, the terms 
``catastrophic injury'', ``public agency'', and ``public safety 
officer'' have the same meanings given such terms in section 1204 of 
title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
U.S.C. 3796b).

SEC. 612. TECHNICAL CORRECTION WITH RESPECT TO EXPEDITED PAYMENTS FOR 
              HEROIC PUBLIC SAFETY OFFICERS.

    Section 1 of Public Law 107-37 (an Act to provide for the expedited 
payment of certain benefits for a public safety officer who was killed 
or suffered a catastrophic injury as a direct and proximate result of a 
personal injury sustained in the line of duty in connection with the 
terrorist attacks of September 11, 2001) is amended by--
        (1) inserting before ``by a'' the following: ``(containing 
    identification of all eligible payees of benefits pursuant to 
    section 1201)'';
        (2) inserting ``producing permanent and total disability'' 
    after ``suffered a catastrophic injury''; and
        (3) striking ``1201(a)'' and inserting ``1201''.

SEC. 613. PUBLIC SAFETY OFFICERS BENEFIT PROGRAM PAYMENT INCREASE.

    (a) Payments.--Section 1201(a) of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3796) is amended by striking 
``$100,000'' and inserting ``$250,000''.
    (b) Applicability.--The amendment made by subsection (a) shall 
apply to any death or disability occurring on or after January 1, 2001.

SEC. 614. OFFICE OF JUSTICE PROGRAMS.

    Section 112 of title I of section 101(b) of division A of Public 
Law 105-277 and section 108(a) of appendix A of Public Law 106-113 (113 
Stat. 1501A-20) are amended--
        (1) after ``that Office'', each place it occurs, by inserting 
    ``(including, notwithstanding any contrary provision of law (unless 
    the same should expressly refer to this section), any organization 
    that administers any program established in title 1 of Public Law 
    90-351)''; and
        (2) by inserting ``functions, including any'' after ``all''.

       Subtitle B--Amendments to the Victims of Crime Act of 1984

SEC. 621. CRIME VICTIMS FUND.

    (a) Deposit of Gifts in the Fund.--Section 1402(b) of the Victims 
of Crime Act of 1984 (42 U.S.C. 10601(b)) is amended--
        (1) in paragraph (3), by striking ``and'' at the end;
        (2) in paragraph (4), by striking the period at the end and 
    inserting ``; and''; and
        (3) by adding at the end the following:
        ``(5) any gifts, bequests, or donations to the Fund from 
    private entities or individuals.''.
    (b) Formula for Fund Distributions.--Section 1402(c) of the Victims 
of Crime Act of 1984 (42 U.S.C. 10601(c)) is amended to read as 
follows:
    ``(c) Fund Distribution; Retention of Sums in Fund; Availability 
for Expenditure Without Fiscal Year Limitation.--
        ``(1) Subject to the availability of money in the Fund, in each 
    fiscal year, beginning with fiscal year 2003, the Director shall 
    distribute not less than 90 percent nor more than 110 percent of 
    the amount distributed from the Fund in the previous fiscal year, 
    except the Director may distribute up to 120 percent of the amount 
    distributed in the previous fiscal year in any fiscal year that the 
    total amount available in the Fund is more than 2 times the amount 
    distributed in the previous fiscal year.
        ``(2) In each fiscal year, the Director shall distribute 
    amounts from the Fund in accordance with subsection (d). All sums 
    not distributed during a fiscal year shall remain in reserve in the 
    Fund to be distributed during a subsequent fiscal year. 
    Notwithstanding any other provision of law, all sums deposited in 
    the Fund that are not distributed shall remain in reserve in the 
    Fund for obligation in future fiscal years, without fiscal year 
    limitation.''.
    (c) Allocation of Funds for Costs and Grants.--Section 1402(d)(4) 
of the Victims of Crime Act of 1984 (42 U.S.C. 10601(d)(4)) is 
amended--
        (1) by striking ``deposited in'' and inserting ``to be 
    distributed from'';
        (2) in subparagraph (A), by striking ``48.5'' and inserting 
    ``47.5'';
        (3) in subparagraph (B), by striking ``48.5'' and inserting 
    ``47.5''; and
        (4) in subparagraph (C), by striking ``3'' and inserting ``5''.
    (d) Antiterrorism Emergency Reserve.--Section 1402(d)(5) of the 
Victims of Crime Act of 1984 (42 U.S.C. 10601(d)(5)) is amended to read 
as follows:
        ``(5)(A) In addition to the amounts distributed under 
    paragraphs (2), (3), and (4), the Director may set aside up to 
    $50,000,000 from the amounts transferred to the Fund in response to 
    the airplane hijackings and terrorist acts that occurred on 
    September 11, 2001, as an antiterrorism emergency reserve. The 
    Director may replenish any amounts expended from such reserve in 
    subsequent fiscal years by setting aside up to 5 percent of the 
    amounts remaining in the Fund in any fiscal year after distributing 
    amounts under paragraphs (2), (3) and (4). Such reserve shall not 
    exceed $50,000,000.
        ``(B) The antiterrorism emergency reserve referred to in 
    subparagraph (A) may be used for supplemental grants under section 
    1404B and to provide compensation to victims of international 
    terrorism under section 1404C.
        ``(C) Amounts in the antiterrorism emergency reserve 
    established pursuant to subparagraph (A) may be carried over from 
    fiscal year to fiscal year. Notwithstanding subsection (c) and 
    section 619 of the Departments of Commerce, Justice, and State, the 
    Judiciary, and Related Agencies Appropriations Act, 2001 (and any 
    similar limitation on Fund obligations in any future Act, unless 
    the same should expressly refer to this section), any such amounts 
    carried over shall not be subject to any limitation on obligations 
    from amounts deposited to or available in the Fund.''.
    (e) Victims of September 11, 2001.--Amounts transferred to the 
Crime Victims Fund for use in responding to the airplane hijackings and 
terrorist acts (including any related search, rescue, relief, 
assistance, or other similar activities) that occurred on September 11, 
2001, shall not be subject to any limitation on obligations from 
amounts deposited to or available in the Fund, notwithstanding--
        (1) section 619 of the Departments of Commerce, Justice, and 
    State, the Judiciary, and Related Agencies Appropriations Act, 
    2001, and any similar limitation on Fund obligations in such Act 
    for Fiscal Year 2002; and
        (2) subsections (c) and (d) of section 1402 of the Victims of 
    Crime Act of 1984 (42 U.S.C. 10601).

SEC. 622. CRIME VICTIM COMPENSATION.

    (a) Allocation of Funds for Compensation and Assistance.--
Paragraphs (1) and (2) of section 1403(a) of the Victims of Crime Act 
of 1984 (42 U.S.C. 10602(a)) are amended by inserting ``in fiscal year 
2002 and of 60 percent in subsequent fiscal years'' after ``40 
percent''.
    (b) Location of Compensable Crime.--Section 1403(b)(6)(B) of the 
Victims of Crime Act of 1984 (42 U.S.C. 10602(b)(6)(B)) is amended by 
striking ``are outside the United States (if the compensable crime is 
terrorism, as defined in section 2331 of title 18), or''.
    (c) Relationship of Crime Victim Compensation to Means-Tested 
Federal Benefit Programs.--Section 1403 of the Victims of Crime Act of 
1984 (42 U.S.C. 10602) is amended by striking subsection (c) and 
inserting the following:
    ``(c) Exclusion From Income, Resources, and Assets for Purposes of 
Means Tests.--Notwithstanding any other law (other than title IV of 
Public Law 107-42), for the purpose of any maximum allowed income, 
resource, or asset eligibility requirement in any Federal, State, or 
local government program using Federal funds that provides medical or 
other assistance (or payment or reimbursement of the cost of such 
assistance), any amount of crime victim compensation that the applicant 
receives through a crime victim compensation program under this section 
shall not be included in the income, resources, or assets of the 
applicant, nor shall that amount reduce the amount of the assistance 
available to the applicant from Federal, State, or local government 
programs using Federal funds, unless the total amount of assistance 
that the applicant receives from all such programs is sufficient to 
fully compensate the applicant for losses suffered as a result of the 
crime.''.
    (d) Definitions of ``Compensable Crime'' and ``State''.--Section 
1403(d) of the Victims of Crime Act of 1984 (42 U.S.C. 10602(d)) is 
amended--
        (1) in paragraph (3), by striking ``crimes involving 
    terrorism,''; and
        (2) in paragraph (4), by inserting ``the United States Virgin 
    Islands,'' after ``the Commonwealth of Puerto Rico,''.
    (e) Relationship of Eligible Crime Victim Compensation Programs to 
the September 11th Victim Compensation Fund.--
        (1) In general.--Section 1403(e) of the Victims of Crime Act of 
    1984 (42 U.S.C. 10602(e)) is amended by inserting ``including the 
    program established under title IV of Public Law 107-42,'' after 
    ``Federal program,''.
        (2) Compensation.--With respect to any compensation payable 
    under title IV of Public Law 107-42, the failure of a crime victim 
    compensation program, after the effective date of final regulations 
    issued pursuant to section 407 of Public Law 107-42, to provide 
    compensation otherwise required pursuant to section 1403 of the 
    Victims of Crime Act of 1984 (42 U.S.C. 10602) shall not render 
    that program ineligible for future grants under the Victims of 
    Crime Act of 1984.

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:
            ``(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); and
            (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
            ``(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 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 
    (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
        (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 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 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--
        (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 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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.