[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1510 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                S. 1510

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 4, 2001

 Mr. Daschle (for himself, Mr. Lott, Mr. Leahy, Mr. Hatch, Mr. Graham, 
Mr. Shelby, and Mr. Sarbanes) introduced the following bill; which was 
                          read the first time

_______________________________________________________________________

                                 A BILL


 
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 Act'' or the ``USA 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.
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. Exclusion of aliens involved in money laundering.
Sec. 322. Corporation represented by a fugitive.
Sec. 323. Enforcement of foreign judgments.
Sec. 324. Increase in civil and criminal penalties for money 
                            laundering.
Sec. 325. Report and recommendation.
Sec. 326. Report on effectiveness.
Sec. 327. Concentration accounts at financial institutions.
   Subtitle B--Currency Transaction Reporting Amendments and Related 
                              Improvements

Sec. 331. Amendments relating to reporting of suspicious activities.
Sec. 332. Anti-money laundering programs.
Sec. 333. Penalties for violations of geographic targeting orders and 
                            certain recordkeeping requirements, and 
                            lengthening effective period of geographic 
                            targeting orders.
Sec. 334. Anti-money laundering strategy.
Sec. 335. Authorization to include suspicions of illegal activity in 
                            written employment references.
Sec. 336. Bank Secrecy Act advisory group.
Sec. 337. Agency reports on reconciling penalty amounts.
Sec. 338. Reporting of suspicious activities by securities brokers and 
                            dealers.
Sec. 339. Special report on administration of Bank Secrecy provisions.
Sec. 340. Bank Secrecy provisions and anti-terrorist activities of 
                            United States intelligence agencies.
Sec. 341. Reporting of suspicious activities by hawala and other 
                            underground banking systems.
Sec. 342. Use of Authority of the United States Executive Directors.
                      Subtitle D--Currency Crimes

Sec. 351. Bulk cash smuggling.
                  Subtitle E--Anticorruption Measures

Sec. 361. Corruption of foreign governments and ruling elites.
Sec. 362. Support for the financial action task force on money 
                            laundering.
Sec. 363. Terrorist funding through money laundering.
                    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 points 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.
         TITLE V--REMOVING OBSTACLES TO INVESTIGATING TERRORISM

Sec. 501. Professional Standards for Government Attorneys Act of 2001.
Sec. 502. Attorney General's authority to pay rewards to combat 
                            terrorism.
Sec. 503. Secretary of State's authority to pay rewards.
Sec. 504. DNA identification of terrorists and other violent offenders.
Sec. 505. Coordination with law enforcement.
Sec. 506. Miscellaneous national security authorities.
Sec. 507. Extension of Secret Service jurisdiction.
Sec. 508. Disclosure of educational records.
Sec. 509. 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. 711. 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. Expansion of the biological weapons statute.
Sec. 803. Definition of domestic terrorism.
Sec. 804. Prohibition against harboring terrorists.
Sec. 805. Jurisdiction over crimes committed at U.S. facilities abroad.
Sec. 806. Material support for terrorism.
Sec. 807. Assets of terrorist organizations.
Sec. 808. Technical clarification relating to provision of material 
                            support to terrorism.
Sec. 809. Definition of Federal crime of terrorism.
Sec. 810. No statute of limitation for certain terrorism offenses.
Sec. 811. Alternate maximum penalties for terrorism offenses.
Sec. 812. Penalties for terrorist conspiracies.
Sec. 813. Post-release supervision of terrorists.
Sec. 814. Inclusion of acts of terrorism as racketeering activity.
Sec. 815. Deterrence and prevention of cyberterrorism.
Sec. 816. Additional defense to civil actions relating to preserving 
                            records in response to government requests.
Sec. 817. Development and support of cybersecurity forensic 
                            capabilities.
                    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.

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 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''; and
                    (C) 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--
                    (A) in clause (iii), by striking ``or'' at the end;
                    (B) in clause (iv), by striking the period at the 
                end and inserting ``; or''; and
                    (C) by inserting at the end the following:
                            ``(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 Rule 6(e)(3)(C)(ii)) 
                        to any other 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 clause (v) 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.--Rule 6(e)(3)(C) of the Federal Rules of 
        Criminal Procedure, as amended by paragraph (1), is amended 
        by--
                    (A) inserting ``(i)'' after ``(C)'';
                    (B) redesignating clauses (i) through (v) as 
                subclauses (I) through (IV), respectively; and
                    (C) inserting at the end the following:
                    ``(ii) In 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 a 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.''.
    (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)(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 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(d)(1) of the Foreign 
        Intelligence Surveillance Act of 1978 (50 U.S.C. 1805(d)(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)(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)(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 less 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 
        the 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 (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) authorized under chapters 119, 121, or 206 of title 
        18, United States Code, except that such disclosure shall not 
        include records revealing customer cable television viewing 
        activity.''; 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 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 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 ``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 ``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 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.''.
            (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''.

SEC. 217. INTERCEPTION OF COMPUTER TRESPASSER COMMUNICATIONS.

    Chapter 119 of title 18, United States Code, is amended--
            (1) in section 2510--
                    (A) in paragraph (17), by striking ``and'' at the 
                end;
                    (B) in paragraph (18), by striking the period and 
                inserting a semicolon; and
                    (C) by inserting after paragraph (18) the 
                following:
            ``(19) `protected computer' has the meaning set forth in 
        section 1030; and
            ``(20) `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, 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.

    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.''.

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 12947 of June 25, 1995;
            (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 13224 (September 23, 2001);
            (4) any narcotics trafficking entity designated pursuant to 
        Executive Order 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 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.

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 Anti-Terrorist Financing 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 special tax advantages and 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 that 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 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 
        Procedures 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;
            (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 fix responsibility for high level coordination of 
        the anti-money laundering efforts of the Department of the 
        Treasury;
            (13) to strengthen the ability of financial institutions to 
        maintain the integrity of their employee population; and
            (14) 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 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. For the purpose of 
expediting the consideration and enactment of a joint resolution under 
this section, a motion to proceed to the consideration of any such 
joint resolution after it has been reported by the appropriate 
committee, shall be treated as highly privileged in the House of 
Representatives.

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 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--
                    ``(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 
                Securities and Exchange 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; and
                            ``(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.
            ``(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 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 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 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 tax 
                        or 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 a tax haven or 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, regulatory 
                        officials, and tax administrators 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 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) Study and Report on Foreign Nationals.--
            ``(1) Study.--The Secretary, in consultation with the 
        appropriate Federal agencies, including the Federal banking 
        agencies (as defined in section 3 of the Federal Deposit 
        Insurance Act), shall conduct a study to--
                    ``(A) determine 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 their 
                identity, address, and other related information 
                necessary to enable such institutions and agencies to 
                comply with the reporting, information gathering, and 
                other requirements of this section; and
                    ``(B) consider the need for requiring foreign 
                nationals to apply for and obtain an identification 
                number, similar to what is required for United States 
                citizens through a social security number or tax 
                identification number, prior to opening an account with 
                a domestic financial institution.
            ``(2) Report.--The Secretary shall report to Congress not 
        later than 180 days after the date of enactment of this section 
        with recommendations for implementing such action referred to 
        in paragraph (1) in a timely and effective manner.
    ``(f) Definitions.--Notwithstanding any other provision of this 
subchapter, for purposes of this section, 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 
        Securities and Exchange Commission, 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.--The Secretary shall 
        promulgate regulations defining beneficial ownership of an 
        account for purposes of this section. 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) and (2) 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 to detect and report instances of money laundering 
        through those accounts.
            ``(2) Minimum standards for 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; 
                                or
                                    ``(II) by the Secretary 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 
                        section 5318(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 
                section 5318(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, to prevent, detect, and 
                report transactions that may involve the proceeds of 
                foreign corruption.
            ``(4) Definitions and regulatory authority.--
                    ``(A) Offshore banking license.--For purposes of 
                this subsection, 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) Regulatory authority.--The Secretary, in 
                consultation with the appropriate functional regulators 
                of the affected financial institutions, may further 
                delineate, by regulation the due diligence policies, 
                procedures, and controls required under paragraph 
                (1).''.
    (b) Effective Date.--The amendments made by this section shall take 
effect beginning 180 days after the date of enactment of this Act with 
respect to accounts covered by section 5318(i) of title 31, United 
States Code, as added by this section, 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, is 
amended by inserting after section 5318(i), as added by section 312 of 
this title, the following:
    ``(j) Prohibition on United States Correspondent Accounts With 
Foreign Shell Banks.--
            ``(1) In general.--A financial institution described in 
        subparagraphs (A) through (F) 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 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.''.

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) Contents.--The regulations promulgated 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.
            (3) 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.
            (4) 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).

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

    Section 1956(c)(7)(B) of title 18, United States Code, is amended--
            (1) 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)'';
            (2) in clause (iii), by striking ``1978'' and inserting 
        ``1978)''; and
            (3) 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 Act of 1977 (15 C.F.R. 
                                Parts 730-774);
                            ``(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; or
                            ``(vii) the misuse of funds of, or provided 
                        by, the International Monetary Fund in 
                        contravention of the Articles of Agreement of 
                        the Fund or the misuse of funds of, or provided 
                        by, any other international financial 
                        institution (as defined in section 1701(c)(2) 
                        of the International Financial Institutions Act 
                        (22 U.S.C. 262r(c)(2)) in contravention of any 
                        treaty or other international agreement to 
                        which the United States is a party, including 
                        any articles of agreement of the members of the 
                        international financial institution;''.

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, the 
Government may rely on evidence that is otherwise inadmissible under 
the Federal Rules of Evidence, if a court determines that such reliance 
is necessary to protect the national security interests of the United 
States.
    (c) Other Remedies.--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.

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 judgment under this section or section 981, 
                982, or 1957, 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 
                5318A 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, 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, 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 terms.--The terms `correspondent 
                account', `covered financial institution', and `foreign 
                bank' have the same meanings as in section 5318A.
            ``(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 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 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 affected by section 5333 
of title 31 United States Code, as amended by this title, shall have 60 
days from the date of enactment of this Act to comply with the 
provisions of that section.
    (d) Requests for Records.--Section 3486(a)(1) of title 18, United 
States Code, is amended by striking ``, or (II) a Federal offense 
involving the sexual exploitation or abuse of children'' and inserting 
``, (II) a Federal offense involving the sexual exploitation or abuse 
of children, or (III) money laundering, in violation of section 1956, 
1957, or 1960 of this title''.
    (e) 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, 
                including its authority to restrain any property 
                forfeitable as substitute assets, 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. EXCLUSION OF ALIENS INVOLVED IN MONEY LAUNDERING.

    Section 212(a)(2) of the Immigration and Nationality Act of 1952 (8 
U.S.C. 1182(a)(2)) is amended by adding at the end the following:
                    ``(I) Money laundering activities.--Any alien who 
                the consular officer or the Attorney General knows or 
                has reason to believe is or has been engaged in 
                activities which, if engaged in within the United 
                States would constitute a violation of section 1956 or 
                1957 of title 18, United States Code, or has been a 
                knowing assister, abettor, conspirator, or colluder 
                with others in any such illicit activity is 
                inadmissible.''.

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.--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, United States Code, at any time before or after an 
        application is filed pursuant to subsection (c)(1). The court, 
        in issuing the restraining order--
                    ``(A) may rely on information set forth in an 
                affidavit describing the nature of the proceeding 
                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
                    ``(B) may register and enforce a restraining order 
                has been issued by a court of competent jurisdiction in 
                the foreign country and certified by the Attorney 
                General pursuant to subsection (b)(2).
        No person may object to the restraining order on any ground 
        that is the subject to 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 of 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. 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. 325. 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 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. 326. REPORT ON EFFECTIVENESS.

    The Secretary shall report annually on measures taken pursuant to 
this subtitle, and shall submit the report to the Committee on Banking, 
Housing, and Urban Affairs of the Senate and to the Committee on 
Financial Services of the House of Representatives.

SEC. 327. 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 issue 
        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.''.

   Subtitle B--Currency Transaction Reporting Amendments and Related 
                              Improvements

SEC. 331. 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(v) of the 
                                Federal Deposit Insurance Act in 
                                response to a request from another 
                                financial institution, except that such 
                                written reference may not disclose that 
                                such information was also included in 
                                any such report or that such report was 
                                made; or
                                    ``(II) in a written termination 
                                notice or employment reference that is 
                                provided in accordance with the rules 
                                of the self-regulatory organizations 
                                registered with the Securities and 
                                Exchange Commission, except that such 
                                written notice or reference 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. 332. ANTI-MONEY LAUNDERING PROGRAMS.

    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 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.''.

SEC. 333. 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. 334. ANTI-MONEY LAUNDERING STRATEGY.

    (b) 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. 335. 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:
    ``(v) 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. 336. BANK SECRECY ACT ADVISORY GROUP.

    Section 1564 of the Annunzio-Wylie Anti-Money Laundering Act (31 
U.S.C. 5311 note) is amended--
            (1) in subsection (a), by inserting ``, of nongovernmental 
        organizations advocating financial privacy,'' after ``Drug 
        Control Policy''; and
            (2) in subsection (c), by inserting ``, other than 
        subsections (a) and (d) of such Act which shall apply'' before 
        the period at the end.

SEC. 337. AGENCY REPORTS ON RECONCILING PENALTY AMOUNTS.

    Not later than 1 year after the date of enactment of this Act, the 
Secretary of the Treasury and the Federal banking agencies (as defined 
in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813)) 
shall each submit their respective reports to the Congress containing 
recommendations on possible legislation to conform the penalties 
imposed on depository institutions (as defined in section 3 of the 
Federal Deposit Insurance Act) for violations of subchapter II of 
chapter 53 of title 31, United States Code, to the penalties imposed on 
such institutions under section 8 of the Federal Deposit Insurance Act 
(12 U.S.C. 1818).

SEC. 338. REPORTING OF SUSPICIOUS ACTIVITIES BY SECURITIES BROKERS AND 
              DEALERS; INVESTMENT COMPANY STUDY.

    (a) 270-Day Regulation Deadline.--Not later than 270 days after the 
date of enactment of this Act, the Secretary of the Treasury, after 
consultation with the Securities and Exchange Commission and the Board 
of Governors of the Federal Reserve System, shall issue final 
regulations requiring registered brokers and dealers to file reports of 
suspicious financial transactions, consistent with the requirements 
applicable to financial institutions, and directors, officers, 
employees, and agents of financial institutions under section 5318(g) 
of title 31, United States Code.
    (b) Report on Investment Companies.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, Secretary of the Treasury, the Board of 
        Governors of the Federal Reserve System, and the Securities and 
        Exchange Commission shall jointly submit a report to 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 section, 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) 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.--In its report, the 
        Securities and Exchange Commission may make different 
        recommendations for different types of entities covered by this 
        section.
            (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. 339. 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. 340. BANK SECRECY PROVISIONS AND ANTI-TERRORIST ACTIVITIES OF 
              UNITED STATES INTELLIGENCE AGENCIES.

    (a) Amendment relating to the Purposes of the Bank Secrecy Act.--
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 or United States intelligence 
agency, upon request of the head of the agency. 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''; and
            (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.''.
    (g) Amendment to the Fair Credit Reporting Act.--The Fair Credit 
Reporting Act (15 U.S.C. 1681 et seq.) is amended 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 the Secretary of the Treasury.
    ``(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 
subchapter, 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.''.

SEC. 341. REPORTING OF SUSPICIOUS ACTIVITIES BY HAWALA AND OTHER 
              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 through an informal value transfer 
                banking system or network of people facilitating the 
                transfer of value 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 through an informal value transfer 
banking system or network of people facilitating the transfer of value 
domestically or internationally outside of the conventional financial 
institutions system;''.
    (d) 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 through an informal 
value transfer banking system or network of people facilitating the 
transfer of value domestically or internationally outside of the 
conventional financial institutions system.''.
    (e) 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 informal value transfer 
banking systems or networks of people facilitating the transfer of 
value domestically or internationally outside of the conventional 
financial institutions system, counter money laundering and regulatory 
controls relating to underground money movement and banking systems, 
such as the system referred to as `hawala', 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. 342. 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 of the 
Treasury 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 of the Treasury 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)).

                      Subtitle C--Currency Crimes

SEC. 351. BULK CASH SMUGGLING.

    (a) Findings.--Congress finds that--
            (1) effective enforcement of the currency reporting 
        requirements of chapter 53 of title 31, United States Code 
        (commonly referred to as the Bank Secrecy Act), and the 
        regulations promulgated thereunder, 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 
        it 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, at the time of enactment of this Act, 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 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 is an 
        important part 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 are easily 
        replaced, and therefore only the confiscation of the smuggled 
        bulk cash can effectively break the cycle of criminal activity 
        of which the laundering of bulk cash is a critical part;
            (6) the penalties for violations of the currency reporting 
        requirements of the chapter 53 of title 31, United States Code, 
        are insufficient to provide a deterrent to the laundering of 
        criminal proceeds;
            (7) because the only criminal violation under Federal law 
        before the date of enactment of this Act was a reporting 
        offense, the law does not adequately provide for the 
        confiscation of smuggled currency; and
            (8) 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;
            (3) to emphasize the seriousness of the act of bulk cash 
        smuggling; and
            (4) to prescribe guidelines for determining the amount of 
        property subject to such forfeiture in various situations.
    (c) Bulk Cash Smuggling Offense.--
            (1) In general.--Subchapter II of chapter 53 of title 31, 
        United States Code, is amended by adding at the end the 
        following:
``Sec. 5331. Bulk cash smuggling
    ``(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 his or her person or in any conveyance, article 
        of luggage, merchandise, or other container, and transports or 
        transfers or attempts to transport or transfer the currency or 
        monetary instruments from a place within the United States to a 
        place outside of the United States, or from a place outside of 
        the United States to a place within the United States, shall be 
        guilty of a currency smuggling offense and subject to 
        punishment under subsection (b).
    ``(b) Penalties.--
            ``(1) Prison term.--A person convicted of a currency 
        smuggling offense under subsection (a), or a conspiracy to 
        commit such an offense, shall be imprisoned for not more than 5 
        years.
            ``(2) Forfeiture.--
                    ``(A) In general.--In addition to a prison term 
                under paragraph (1), the court, in imposing sentence, 
                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).
                    ``(B) Applicability of other laws.--The seizure, 
                restraint, and forfeiture of property under this 
                section shall be governed by section 413 of the 
                Controlled Substances Act (21 U.S.C. 853). If the 
                property subject to forfeiture is unavailable, and the 
                defendant has no substitute property that may be 
                forfeited pursuant to section 413(p) of that Act, the 
                court shall enter a personal money judgment against the 
                defendant in an amount equal to the value of the 
                unavailable property.
    ``(c) Seizure of Smuggling Cash.--
            ``(1) In general.--Any property involved in a violation of 
        subsection (a), or a conspiracy to commit such violation, and 
        any property traceable thereto, may be seized and, subject to 
        subsection (d), forfeited to the United States.
            ``(2) Applicable procedures.--A seizure and forfeiture 
        under this subsection shall be governed by the procedures 
        governing civil forfeitures under section 981(a)(1)(A) of title 
        18, United States Code.
    ``(d) Proportionality of Forfeiture.--
            ``(1) Mitigation.--Upon a showing by the property owner by 
        a preponderance of the evidence that the currency or monetary 
        instruments involved in the offense giving rise to the 
        forfeiture were derived from a legitimate source and were 
        intended for a lawful purpose, the court shall reduce the 
        forfeiture to the maximum amount that is not grossly 
        disproportional to the gravity of the offense.
            ``(2) Considerations.--In determining the amount of the 
        forfeiture under paragraph (1), the court shall consider all 
        aggravating and mitigating facts and circumstances that have a 
        bearing on the gravity of the offense, including--
                    ``(A) the value of the currency or other monetary 
                instruments involved in the offense;
                    ``(B) efforts by the person committing the offense 
                to structure currency transactions, conceal property, 
                or otherwise obstruct justice; and
                    ``(C) whether the offense is part of a pattern of 
                repeated violations of Federal law.
    ``(e) Rule of Construction.--For purposes of subsections (b) and 
(c), 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.''.
    (2) 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 5330 the following new item:

``5331. Bulk cash smuggling.''.
    (d) Currency Reporting Violations.--Section 5317(c) of title 31, 
United States Code, is amended to read as follows:
    ``(c) Forfeiture of Property.--
            ``(1) In general.--
                    ``(A) Criminal forfeiture.--The court, in imposing 
                sentence for any violation of section 5313, 5316, or 
                5324, 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) Applicable procedures.--Forfeitures under 
                this paragraph shall be governed by the procedures set 
                forth in section 413 of the Controlled Substances Act 
                (21 U.S.C. 853), and the guidelines set forth in 
                paragraph (3) of this subsection.
            ``(2) Civil forfeiture.--Any property involved in a 
        violation of section 5313, 5316, or 5324, or any conspiracy to 
        commit such violation, and any property traceable thereto, may 
        be seized and, subject to paragraph (3), 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.
            ``(3) Mitigation.--In a forfeiture case under this 
        subsection, upon a showing by the property owner by a 
        preponderance of the evidence that any currency or monetary 
        instruments involved in the offense giving rise to the 
        forfeiture were derived from a legitimate source, and were 
        intended for a lawful purpose, the court shall reduce the 
        forfeiture to the maximum amount that is not grossly 
        disproportional to the gravity of the offense. In determining 
        the amount of the forfeiture, the court shall consider all 
        aggravating and mitigating facts and circumstances that have a 
        bearing on the gravity of the offense. Such circumstances 
        include, but are not limited to, the following: the value of 
        the currency or other monetary instruments involved in the 
        offense; efforts by the person committing the offense to 
        structure currency transactions, conceal property, or otherwise 
        obstruct justice; and whether the offense is part of a pattern 
        of repeated violations.
    (e) Conforming Amendments.--Title 18, United States Code, is 
amended--
            (1) in section 981(a)(1)(A) by striking ``of section 
        5313(a) or 5324(a) of title 31, or''; and
            (2) in section 982(a)(1), striking ``of section 5313(a), 
        5316, or 5324 of title 31, or''.

                  Subtitle E--Anticorruption Measures

SEC. 361. CORRUPTION OF FOREIGN GOVERNMENTS AND RULING ELITES.

    It is the sense of Congress that, in deliberations between the 
United States Government and any other country on money laundering and 
corruption issues, the United States Government should--
            (1) emphasize an approach that addresses not only the 
        laundering of the proceeds of traditional criminal activity but 
        also the increasingly endemic problem of governmental 
        corruption and the corruption of ruling elites;
            (2) encourage the enactment and enforcement of laws in such 
        country to prevent money laundering and systemic corruption;
            (3) make clear that the United States will take all steps 
        necessary to identify the proceeds of foreign government 
        corruption which have been deposited in United States financial 
        institutions and return such proceeds to the citizens of the 
        country to whom such assets belong; and
            (4) advance policies and measures to promote good 
        government and to prevent and reduce corruption and money 
        laundering, including through instructions to the United States 
        Executive Director of each international financial institution 
        (as defined in section 1701(c) of the International Financial 
        Institutions Act) to advocate such policies as a systematic 
        element of economic reform programs and advice to member 
        governments.

SEC. 362. SUPPORT FOR THE FINANCIAL ACTION TASK FORCE ON MONEY 
              LAUNDERING.

    It is the sense of Congress that--
            (1) the United States should continue to actively and 
        publicly support the objectives of the Financial Action Task 
        Force on Money Laundering (hereafter in this section referred 
        to as the ``FATF'') with regard to combating international 
        money laundering;
            (2) the FATF should identify noncooperative jurisdictions 
        in as expeditious a manner as possible and publicly release a 
        list directly naming those jurisdictions identified;
            (3) the United States should support the public release of 
        the list naming noncooperative jurisdictions identified by the 
        FATF;
            (4) the United States should encourage the adoption of the 
        necessary international action to encourage compliance by the 
        identified noncooperative jurisdictions; and
            (5) the United States should take the necessary 
        countermeasures to protect the United States economy against 
        money of unlawful origin and encourage other nations to do the 
        same.

SEC. 363. TERRORIST FUNDING THROUGH MONEY LAUNDERING.

    It is the sense of the Congress that, in deliberations and 
negotiations between the United States Government and any other country 
regarding financial, economic, assistance, or defense issues, the 
United States should encourage such other country--
            (1) to take actions which would identify and prevent the 
        transmittal of funds to and from terrorists and terrorist 
        organizations; and
            (2) to engage in bilateral and multilateral cooperation 
        with the United States and other countries to identify 
        suspected terrorists, terrorist organizations, and persons 
        supplying funds to and receiving funds from terrorists and 
        terrorist organizations.

                    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 to 
address the national security needs of the United States 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 
        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, shall within 2 years after the date of enactment 
        of this section, develop and certify a technology standard that 
        can confirm the identity of a person applying for a United 
        States visa 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 
        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 and efficacy of the 
        technology standard and electronic database system described in 
        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 POINTS 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 by that person from the United States.
    (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 
                                        clauses (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 clauses (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 
                                        clauses (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
                    (D) 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 it 
                                engages in the activities described in 
                                subclause (I), (II), or (III) of clause 
                                (iv), or that it 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 Amendment.--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)''.
    (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 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, the 
        amendments made by this section shall apply to all aliens in 
        exclusion or deportation proceedings on or after the date of 
        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).
                    (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); 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).
            (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 
        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, 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 paragraph (5), the 
        Attorney General shall maintain custody of such an alien until 
        the alien is removed from the United States. 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).
            ``(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 
        Commissioner. The Commissioner 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.
    ``(b) Habeas Corpus and Judicial Review.--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)) is 
available exclusively in habeas corpus proceedings in the United States 
District Court for the District of Columbia. Notwithstanding any other 
provision of law, including section 2241 of title 28, United States 
Code, 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.
    ``(c) Statutory Construction.--The provisions of this section shall 
not be applicable to any other provisions of the Immigration and 
Nationality 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.''.

         TITLE V--REMOVING OBSTACLES TO INVESTIGATING TERRORISM

SEC. 501. PROFESSIONAL STANDARDS FOR GOVERNMENT ATTORNEYS ACT OF 2001.

    (a) Short Title.--This title may be cited as the ``Professional 
Standards for Government Attorneys Act of 2001''.
    (b) Professional Standards for Government Attorneys.--Section 530B 
of title 28, United States Code, is amended to read as follows:
``Sec. 530B. Professional Standards for Government Attorneys
    ``(a) Definitions.--In this section:
            ``(1) Government attorney.--The term `Government 
        attorney'--
                    ``(A) means the Attorney General; the Deputy 
                Attorney General; the Solicitor General; the Associate 
                Attorney General; the head of, and any attorney 
                employed in, any division, office, board, bureau, 
                component, or agency of the Department of Justice; any 
                United States Attorney; any Assistant United States 
                Attorney; any Special Assistant to the Attorney General 
                or Special Attorney appointed under section 515; any 
                Special Assistant United States Attorney appointed 
                under section 543 who is authorized to conduct criminal 
                or civil law enforcement investigations or proceedings 
                on behalf of the United States; any other attorney 
                employed by the Department of Justice who is authorized 
                to conduct criminal or civil law enforcement 
                proceedings on behalf of the United States; any 
                independent counsel, or employee of such counsel, 
                appointed under chapter 40; and any outside special 
                counsel, or employee of such counsel, as may be duly 
                appointed by the Attorney General; and
                    ``(B) does not include any attorney employed as an 
                investigator or other law enforcement agent by the 
                Department of Justice who is not authorized to 
                represent the United States in criminal or civil law 
                enforcement litigation or to supervise such 
                proceedings.
            ``(2) State.--The term `State' includes a Territory and the 
        District of Columbia.
    ``(b) Choice of Law.--Subject to any uniform national rule 
prescribed by the Supreme Court under chapter 131, the standards of 
professional responsibility that apply to a Government attorney with 
respect to the attorney's work for the Government shall be--
            ``(1) for conduct in connection with a proceeding in or 
        before a court, or conduct reasonably intended to lead to a 
        proceeding in or before a court, the standards of professional 
        responsibility established by the rules and decisions of the 
        court in or before which the proceeding is brought or is 
        intended to be brought;
            ``(2) for conduct in connection with a grand jury 
        proceeding, or conduct reasonably intended to lead to a grand 
        jury proceeding, the standards of professional responsibility 
        established by the rules and decisions of the court under whose 
        authority the grand jury was or will be impaneled; and
            ``(3) for all other conduct, the standards of professional 
        responsibility established by the rules and decisions of the 
        Federal district court for the judicial district in which the 
        attorney principally performs his or her official duties.
    ``(c) Licensure.--A Government attorney (except foreign counsel 
employed in special cases)--
            ``(1) shall be duly licensed and authorized to practice as 
        an attorney under the laws of a State; and
            ``(2) shall not be required to be a member of the bar of 
        any particular State.
    ``(d) Undercover Activities.--Notwithstanding any provision of 
State law, including disciplinary rules, statutes, regulations, 
constitutional provisions, or case law, a Government attorney may, for 
the purpose of enforcing Federal law, provide legal advice, 
authorization, concurrence, direction, or supervision on conducting 
undercover activities, and any attorney employed as an investigator or 
other law enforcement agent by the Department of Justice who is not 
authorized to represent the United States in criminal or civil law 
enforcement litigation or to supervise such proceedings may participate 
in such activities, even though such activities may require the use of 
deceit or misrepresentation, where such activities are consistent with 
Federal law.
    ``(e) Admissibility of Evidence.--No violation of any disciplinary, 
ethical, or professional conduct rule shall be construed to permit the 
exclusion of otherwise admissible evidence in any Federal criminal 
proceedings.
    ``(f) Rulemaking Authority.--The Attorney General shall make and 
amend rules of the Department of Justice to ensure compliance with this 
section.''.
    (c) Technical and Conforming Amendment.--The analysis for chapter 
31 of title 28, United States Code, is amended, in the item relating to 
section 530B, by striking ``Ethical standards for attorneys for the 
Government'' and inserting ``Professional standards for Government 
attorneys''.
    (d) Reports.--
            (1) Uniform rule.--In order to encourage the Supreme Court 
        to prescribe, under chapter 131 of title 28, United States 
        Code, a uniform national rule for Government attorneys with 
        respect to communications with represented persons and parties, 
        not later than 1 year after the date of enactment of this Act, 
        the Judicial Conference of the United States shall submit to 
        the Chief Justice of the United States a report, which shall 
        include recommendations with respect to amending the Federal 
        Rules of Practice and Procedure to provide for such a uniform 
        national rule.
            (2) Actual or potential conflicts.--Not later than 2 years 
        after the date of enactment of this Act, the Judicial 
        Conference of the United States shall submit to the Chairmen 
        and Ranking Members of the Committees on the Judiciary of the 
        House of Representatives and the Senate a report, which shall 
        include--
                    (A) a review of any areas of actual or potential 
                conflict between specific Federal duties related to the 
                investigation and prosecution of violations of Federal 
                law and the regulation of Government attorneys (as that 
                term is defined in section 530B of title 28, United 
                States Code, as amended by this Act) by existing 
                standards of professional responsibility; and
                    (B) recommendations with respect to amending the 
                Federal Rules of Practice and Procedure to provide for 
                additional rules governing attorney conduct to address 
                any areas of actual or potential conflict identified 
                pursuant to the review under subparagraph (A).
            (3) Report considerations.--In carrying out paragraphs (1) 
        and (2), the Judicial Conference of the United States shall 
        take into consideration--
                    (A) the needs and circumstances of multiforum and 
                multijurisdictional litigation;
                    (B) the special needs and interests of the United 
                States in investigating and prosecuting violations of 
                Federal criminal and civil law; and
                    (C) practices that are approved under Federal 
                statutory or case law or that are otherwise consistent 
                with traditional Federal law enforcement techniques.

SEC. 502. 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. 503. 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. 504. 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 additional 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. 505. 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. 506. 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. 507. 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. 508. 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. 509. 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
            (2) 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 for use in 
        responding 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. 711. EXPANSION OF REGIONAL INFORMATION SHARING SYSTEM TO 
              FACILITATE FEDERAL-STATE-LOCAL LAW ENFORCEMENT RESPONSE 
              RELATED TO TERRORIST ATTACKS.

    Section 1301 of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3796h) is amended--
            (1) in subsection (a), by inserting ``and terrorist 
        conspiracies and activities'' after ``activities'';
            (2) in subsection (b)--
                    (A) in paragraph (3), by striking ``and'' after the 
                semicolon;
                    (B) by redesignating paragraph (4) as paragraph 
                (5);
                    (C) by inserting after paragraph (3) the following:
            ``(4) establishing and operating secure information sharing 
        systems to enhance the investigation and prosecution abilities 
        of participating enforcement agencies in addressing multi-
        jurisdictional terrorist conspiracies and activities; and 
        (5)''; and
            (3) by inserting at the end the following:
    ``(d) Authorization of Appropriation to the Bureau of Justice 
Assistance.--There are authorized to be appropriated to the Bureau of 
Justice Assistance to carry out this section $50,000,000 for fiscal 
year 2002 and $100,000,000 for fiscal year 2003.''.

     TITLE VIII--STRENGTHENING THE CRIMINAL LAWS AGAINST TERRORISM

SEC. 801. TERRORIST ATTACKS AND OTHER ACTS OF VIOLENCE AGAINST MASS 
              TRANSPORTATION SYSTEMS.

    Chapter 97 of title 18, United States Code, is amended by adding at 
the end the following:
``Sec. 1993. Terrorist attacks and other acts of violence against mass 
              transportation systems
    ``(a) General Prohibitions.--Whoever willfully--
            ``(1) wrecks, derails, sets fire to, or disables a mass 
        transportation vehicle or ferry;
            ``(2) places or causes to be placed any biological agent or 
        toxin for use as a weapon, destructive substance, or 
        destructive device in, upon, or near a mass transportation 
        vehicle or ferry, without previously obtaining the permission 
        of the mass transportation provider, and with intent to 
        endanger the safety of any passenger or employee of the mass 
        transportation provider, or with a reckless disregard for the 
        safety of human life;
            ``(3) sets fire to, or places any biological agent or toxin 
        for use as a weapon, destructive substance, or destructive 
        device in, upon, or near any garage, terminal, structure, 
        supply, or facility used in the operation of, or in support of 
        the operation of, a mass transportation vehicle or ferry, 
        without previously obtaining the permission of the mass 
        transportation provider, and knowing or having reason to know 
        such activity would likely derail, disable, or wreck a mass 
        transportation vehicle or ferry used, operated, or employed by 
        the mass transportation provider;
            ``(4) removes appurtenances from, damages, or otherwise 
        impairs the operation of a mass transportation signal system, 
        including a train control system, centralized dispatching 
        system, or rail grade crossing warning signal;
            ``(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. 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.''.

SEC. 803. 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. 804. 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. 805. 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 
        United States national, as defined in section 1203(c) of this 
        title--
                    ``(A) the premises of United States diplomatic, 
                consular, military or other United States Government 
                missions or entities in foreign States, including the 
                buildings, parts of buildings, and 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 in force on the date of 
        enactment of this paragraph 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. 806. 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. 807. 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 person, 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 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. 808. 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. 809. DEFINITION OF FEDERAL CRIME OF TERRORISM.

    Section 2332b of title 18, United States Code, is amended--
            (1) in subsection (f), by inserting after ``terrorism'' the 
        following: ``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), 351 (a) through 
                        (d) (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) 
                        through (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 within 
                        special maritime and territorial jurisdiction 
                        of the United States), 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) 
                        through (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. 810. 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) other than a provision listed in section 3295, 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.
    ``(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 enactment of this section.

SEC. 811. 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. 812. 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.--
            (1) Section 930(c) of title 18, United States Code, is 
        amended--
                    (A) by striking ``or attempts to kill'';
                    (B) by inserting ``or attempts or conspires to do 
                such an act,'' before ``shall be punished''; and
                    (C) by striking ``and 1113'' and inserting ``1113, 
                and 1117''.
            (2) Section 1117 of title 18, United States Code, is 
        amended by inserting ``930(c),'' after ``section''.
    (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. 813. 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. 814. 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 as an offense 
        listed in section 2332b(g)(5)(B)''.

SEC. 815. 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) caused (or, in the case of an attempted 
                offense, would, if completed, have caused) conduct 
                described in clause (i), (ii), or (iii) of subparagraph 
                (A) that resulted in--
                            ``(i) loss to 1 or more persons during any 
                        1-year period (including 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) 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 ``and'' at the end; and
            (3) by striking ``(a)(5)(C)'' and inserting 
        ``(a)(5)(A)(iii)''; and
            (4) by adding at the end the following new paragraphs:
            ``(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.''.
    (c) Definitions.--Subsection (e) of section 1030 of title 18, 
United States Code is amended--
            (1) in paragraph (2)(B), by inserting ``, including a 
        computer located outside 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 
        new paragraph (8):
            ``(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 new paragraphs:
            ``(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' includes 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;
            ``(12) the term `person' means any individual, firm, 
        corporation, educational institution, financial institution, 
        governmental entity, or legal or other entity;''.
    (d) Damages in Civil Actions.--Subsection (g) of section 1030 of 
title 18, United States Code is amended--
            (1) by striking the second sentence and inserting the 
        following new sentences: ``A suit for a violation of subsection 
        (a)(5) may be brought only if the conduct involves one of the 
        factors enumerated in 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.''.
    (e) 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. 816. 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. 817. 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.

                    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 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).
                                 <all>