[Congressional Record (Bound Edition), Volume 147 (2001), Part 13]
[Senate]
[Pages 18727-18773]
[From the U.S. Government Publishing Office, www.gpo.gov]



          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. KERRY (for himself, Mr. Bond, Mr. Schumer, Mr. Bingaman, 
        Mr. Inouye, Mr. Wellstone, Mr. Sarbanes, Mr. Akaka, Mr. Harkin, 
        Mr. Reed, Mrs. Clinton, Mr. Durbin, Mr. Cleland, Mr. Kennedy, 
        Mr. Lieberman, Mr. Grassley, Mr. Torricelli, Mr. Daschle, Mrs. 
        Lincoln, Mr. Edwards, Mr. Rockefeller, Mrs. Carnahan, Mr. 
        Hollings, Ms. Snowe, Mr. Leahy, Mr. Corzine, Mr. Levin, Ms. 
        Cantwell, Ms. Landrieu, Mr. Allen, Mrs. Murray, Mr. Johnson, 
        Mr. Nelson of Florida, Mr. Biden, Ms. Collins, Mr. Enzi, Mr. 
        Burns, and Mr. Crapo):
  S. 1499. A bill to provide assistance to small business concerns 
adversely impacted by the terrorist attacks perpetrated against the 
United States on September 11, 2001, and for other purposes; read the 
first time.
  Mr. KERRY. Mr. President, I am introducing today, together with 
Senator Bond, the ranking member of the Committee on Small Business and 
Entrepreneurship, and 26 of my colleagues, including Senators 
Wellstone, Harkin, Cleland, Lieberman, Edwards, Carnahan, Levin, Snowe, 
Schumer, Clinton, Daschle, Bingaman, Inouye, Sarbanes, Akaka, Reed of 
Rhode Island, Durbin, Kennedy, Grassley, Torricelli, Lincoln, 
Rockefeller, Hollings, Leahy, Corzine, Cantwell, Landrieu, Allen, 
Murray, and Johnson, the American Small Business Emergency Relief and 
Recovery Act of 2001.
  This is emergency legislation to help small businesses that have been 
impacted as a consequence of the attacks that took place on September 
11. Thousands of small businesses employing millions of Americans are 
suffering significantly as a consequence of what has happened. Many of 
these companies may not survive. But these businesses are the engine of 
our economy and we need to act to help them.
  This bill is the product of bipartisan work on our committee. I thank 
Senator Bond for cosponsoring it and for working with us. It includes 
input from many sources, much of which was gathered through a 
combination of about 30 meetings and conference calls with small 
business trade associations, contractors, subcontractors, small 
business lenders, and small business consultants.
  Of course, I think we have all learned firsthand a lot from the small 
business owners who have told us their personal stories of healthy 
businesses--up until September 11--which have simply taken a nosedive 
as a consequence of the tragic events.
  Our airport small businesses, our taxi drivers, small hotels and 
restaurants, small suppliers, travel agents, crop dusters, charter bus 
companies, and many others have called to explain their plight. For 
example, there is a woman in my State who started a travel agency 26 
years ago in a suburb of Boston. She has six employees. She is hanging 
on now only through personal savings because they have zero business 
all of a sudden. The agency has virtually no incoming sales, and has 
had to refund commissions on all canceled vacation packages, cruises 
and airline tickets that had generated income over the past 6 months.
  Yesterday, I met with a fellow who does a lot of business out in 
North Dakota. Senator Conrad introduced us. They were doing 20,000 
sales a day. They went down to two sales a day for a period of time. 
They are now back up to about 10,000. But the problem is that banks are 
withholding the lines of credit for many of these companies, and we 
want them to survive.
  In New York where more than 14,000 businesses inside and around 
ground zero have been impacted, there's the story of Sydmore Sportswear 
just four blocks from where the World Trade Center once stood. Joseph 
Pinkas, who's owned the small business for 20 years owes $100,000 to 
his suppliers, and revenues are down 65 percent. ``We don't know where 
our customers are going to come from,'' he said in an AP story. ``I'm 
worried about the future, about survival. I don't sleep at night.'' 
Other businesses in the area are filled with dust and debris, and their 
phones are dead.
  Small businesses doing business with the Federal government have also 
felt the impact of the attacks on September 11, 2001. Small business 
contractors, because of very real and legitimate security concerns, 
have experienced a dramatic increase in costs for work in and around 
Federal government facilities. We have heard reports of small 
businesses being denied access to their equipment on military bases, 
waiting for hours each day to enter government facilities and being 
limited in the hours they can work on their contracts. Once again, let 
me stress, these security precautions are very necessary, but they are 
having a dramatic impact on our small businesses. Many small 
businesses, particularly those performing government contracts, operate 
on a tight profit margin, so when the contract takes longer to 
complete, or rented equipment goes unused or can not be returned, 
unanticipated costs are incurred.
  Let me cite the situation faced by Dave Krueger, president of AS 
Horner Construction, Inc. out of Albuquerque, NM. Dave is currently 
doing work on a Federal contract at an Air Force facility pouring 
concrete parking aprons. Immediately after the attack, his company was 
locked out of the facility for nearly two weeks and currently have 
limited hours to access the construction site. Dave estimates that this 
will result in cost increases of at least 10 to 15 percent, meaning he 
will take a loss on this contract.
  Such situations cannot go unresolved. Small businesses are far too 
important, not just to our national economy, but to our national 
defense as well. Small business are a vital component of our national 
supply chain and

[[Page 18728]]

essential to our national security interests.
  This act was designed to mitigate bankruptcies, business closures, 
and layoffs related to the attacks. It also addresses the shrinking 
availability of credit and venture capital to small businesses through 
traditional lenders and investors, which has been exacerbated by the 
attacks. It includes changes in SBA's main non-disaster lending and 
venture capital programs in order to encourage borrowing and lending 
for new and expanding small businesses that might otherwise be 
reluctant to start or expand their businesses in the post-September 11 
economy.
  This legislation addresses three categories of small businesses:
  One, small businesses directly affected because they are physically 
located in or near the buildings or areas attacked or closed for 
security measures, or are located in national airports. For example, a 
brokerage firm located in one of the World Trade Center Towers or an 
independent souvenir shop in the Reagan National Airport or the Miami 
International Airport. These businesses will be eligible for SBA's 
economic injury disaster loans, under more favorable terms, such as 
deferring the payments and forgiving the interest on these loans for 
two years, as well as increasing the loan caps and extending the 
deadline for applying for disaster loans to one year.
  Small businesses not physically damaged or destroyed or in the 
vicinity of such businesses, but directly or indirectly affected 
because they are a supplier, service provider or complementary 
industry, especially the financial, hospitality, travel and tour 
industries. For example, a tour company in Hawaii or Rhode Island that 
has had hardly any sales since the attacks because the average 
occupancy at its client hotels has dropped to 10 percent. These 
businesses are eligible for 7(a) loans, tailored to be easier to 
qualify for, to have lower interest rates, and to offer the option of 
deferring the principal payments for 1 year.
  Small businesses in need of capital and investment financing, 
procurement assistance or management counseling in the economic 
aftermath of September 11. These businesses will have access to a 
variety of SBA's programs with incentive features, such as waiving the 
borrower's fee for a regular 7(a) loan for working capital or a 504 
loan to buy equipment to increase productivity and beat the 
competition, or cut energy consumption and utility costs.
  Mr. President, history has taught us that, during an economic down 
turn, lenders become increasingly reluctant to lend to small 
businesses. From our contact with lenders, we know loan committees 
decided days after the attacks to clamp down on loans to small 
businesses. And to make matters worse, lenders are already calling in 
existing loans. One example is a woman who owns a manufacturing 
businesses in Quincy, MA, whose bank called her loan and credit line. 
She's never missed a payment. Where is she going to come up with more 
than $1 million? If her business closes, 40 jobs are lost, her 
contribution to the tax base is lost, and she's out of a job. It is 
critical to keep credit available to small businesses.
  In addition to getting credit into the hands of small businesses, it 
is important to make sure they have access to counseling and training 
to run their businesses better, deal with the volatile market, and 
adjust to the changing times. Providing access to such counseling helps 
protect our investment in their loans because a stronger business is 
more likely to repay its loans. This legislation increases funding for 
the Small Business Development Centers, with an emphasis on New York 
and Virginia, as well as the volunteer Service Corps of Retired 
Executives, the Women's Business Centers, and SBA's microlending 
experts.
  To help alleviate the unfortunate situations related to delayed 
Federal contracts, my legislation includes provisions to help expedite 
the claims of small business contractors applying for equitable 
adjustments to their contracts. The goal of this provision, simply, is 
to help offset the unanticipated and temporary costs of the increased 
security at Federal Government facilities. Additionally, it establishes 
a $100 million fund under the control of the Small Business 
Administration to ensure that no contracting agency has to pay out of 
previously allocated funds the increased costs of existing contracts 
because of the security measures implemented as a result of the 
September 11th attacks.
  I have confidence in our economy. The attacks may have arrested one 
of our financial centers momentarily and robbed families and businesses 
of thousands of brilliant and hard-working folks who helped make our 
country prosperous, but our economic foundation is strong. We have 
world-class universities, we have a great work force made up of people 
with an amazing work ethic, our banks are strong, we have a reliable 
infrastructure for communications, energy and transport, and the dollar 
is holding up.
  Now is not the time to pull back on investing in our economy, 
particularly in small-business development and growth. The SBA is doing 
a good job with the tools it has, but we need to improve those tools 
and give SBA more resources to deal with the scope of the problems 
faced by small businesses in the aftermath of September 11th. This 
legislation does just that. I urge my colleagues to support this bill, 
and the Senate to act quickly so that this emergency help is available 
very soon.
  Mr. President, Senator Akaka could not be present to voice his 
support for this bill and concern for the small businesses in Hawaii, 
so I ask unanimous consent that his statement be included in the 
Record. I also ask unanimous consent that a letter of support and the 
bill be printed in the Record.
  In addition to this legislation that I am introducing today, there 
are a series of tax items that we believe fall into the category of 
stimulus, but they are not within the jurisdiction of our committee. As 
a member of the Finance Committee, I am going to encourage our 
committee to embrace these. One would be an increase in expensing, so 
that you can deduct an expense up to $24,000 of the cost of qualifying 
property; and we would encourage that increase and expensing to 
encourage greater business investment, and we want that expensing 
allowance increased to a higher amount.
  In addition, I have several times introduced--and I will 
reintroduce--a zero capital gains tax for those companies with 
capitalization up to $200 million or $300 million in new capitalization 
in the critical technologies or entrepreneurial businesses, where we 
would most respond to the creation of the high-value-added jobs or some 
of the technology fixes that will exist for security, for instance, or 
for national defense and other things that we need to do with respect 
to the battle against terrorism.
  Third would be changes in depreciation. There are a number of 
proposals for changes to depreciation rules. We would support some, 
such as changing the depreciation schedule for computer hardware from 5 
years to 3, software from 3 years to 2, or several other proposals.
  Mr. President, there are a number of these tax proposals which the 
Small Business Committee will refer to the Finance Committee and to our 
colleagues with hopes that we can embrace them as a component of the 
stimulus package because they will have a stimulus effect and a long-
term beneficial effect on our economy.
  Small businesses, as we all know, small businesses represent 99 
percent of all employers, provide 75 percent of all net new jobs and 
contribute significantly to our economy. Every single company on the 
stock exchange today began as a small business. Some of them, such as 
Callaway Golf, Federal Express, Intel, and many others, got help 
through the Small Business Administration's loans or venture capital.
  The Federal Government helped provide the impetus for those 
companies. We have many times over repaid the Federal Treasury the 
entire budget of the Small Business Administration and its lending 
programs through the taxes paid by the success stories of our 
investments.
  I encourage my colleagues to embrace this emergency relief act, the

[[Page 18729]]

American Small Business Emergency Relief and Recovery Act, and these 
emergency tax measures, as a way of encouraging further business growth 
and development.
  Mr. President, I ask unanimous consent to print in the Record a 
letter from the National Community Reinvestment Corporation.
  There being no objection, the letter was ordered to be printed in the 
Record, as follows:

                                                National Community


                                       Reinvestment Coalition,

                                  Washington, DC, October 2, 2001.
     Hon. John F. Kerry,
     Chairman, Committee on Small Business and Entrepreneurship, 
         Washington, DC.
       Dear Chairman Kerry: The National Community Reinvestment 
     Coalition (NCRC) strongly supports the American Small 
     Business Emergency Relief and Recovery Act of 2001 as 
     essential to the efforts of lending institutions, community 
     organizations and local public agencies to help small 
     businesses directly and indirectly impacted by the September 
     11th terrorist attacks. NCRC and our 800+ member 
     organizations community groups and local public agencies 
     around the country also commend your leadership on this 
     legislative measure and pledge to promote this bill via our 
     membership and through our policy initiatives.
       In today's new enterprise marketplace, entrepreneurs have 
     surged into small businesses ownership in record numbers. 
     Their impact on U.S. growth and productivity is evident.
       America's 25.5 million small businesses represent more than 
     99 percent of our nation's employers. They employ 51 percent 
     of the private sector workforce and create over 80 percent of 
     all the net new jobs in the United States.
       In 2000, there were 612,400 new employer firms, an increase 
     of 4.3 percent from 1999. Small business bankruptcies 
     decreased by 14.8 percent between 1999 and 2000, to the 
     lowest level in over 20 years. And the business failure index 
     also decreased by 1.7 percent since, 1999.
       Small businesses' income increased 7.2 percent, rising from 
     595.2 billion in 1998 to $638.2 billion in 1999. They 
     represent 96 percent of all exporters of goods and generate 
     more than half of the nation's gross domestic product.
       Today, however, hardship and economic adversity have 
     stricken the small business marketplace as a result of the 
     September 11th attacks. NCRC commends the Small Business 
     Administration (SBA) for acting quickly to help entrepreneurs 
     deal with the aftermath of the attacks. Unfortunately, SBA's 
     authority is limited under the Disaster Loan Program 
     guidelines. SBA may only provide assistance in declared 
     disaster areas' contiguous communities.
       What will happen to the gift basket service whose sole 
     distribution source was a florist in one of the World Trade 
     Center towers? What will happen to the small catering 
     business that has had to lay off staff as a result of banquet 
     cancellations and no new bookings? And what will happen to 
     the independent souvenir store in Ronald Reagan International 
     Airport and other airports, given current lack of traffic in 
     the terminals?
       Your American Small Business Emergency Relief and Recovery 
     Act of 2001 is key to the recovery efforts. If enacted, it 
     will help small business entrepreneurs drive the American 
     economy. NCRC has long championed the role of small 
     businesses in growing and expanding our economy. Since our 
     inception in 1990, we have led the charge to bring equal 
     access to credit and capital to all emerging market sectors. 
     One highly successful capacity-building initiative is the 
     SBA/NCRC partnership on the CommunityExpress program.
       CommunityExpress is part of SBA's initiative to spur 
     economic development and job creation in under-served 
     communities. The program combines SBA loan guarantees, 
     targeted lending by select banks, and technical assistance 
     from local NCRC membes. The key to CommunityExpress is that 
     it provides small business entrepreneurs with technical and 
     managerial assistance before and after the loan is made.
       The SBA/NCRC cooperative effort has led to the rapid growth 
     of the loan program from a level of just over $2 million in 
     Fall 1999 to over $42 million in loans as of September 2001. 
     Of the 439 loans to date, women and minority entrepreneurs 
     have been the greatest beneficiaries, as nearly 56 percent of 
     the loans have gone to women and 52 percent of loans have 
     gone to minorities. The average size of a CommunityExpress 
     loan is $96,527 with 61 loans between $200,000 and $250,000.
       Your leadership has paved the way to support small 
     businesses in the wake of the September 11th tragedy. NCRC 
     pledges to continue support your efforts and to help 
     entrepreneurs in low- and moderate-income areas through 
     CommunityExpress and other initiatives.
       We thank you for your continuing efforts. We look forward 
     to working with you and your outstanding staff during the 
     course of the 107th Congress--and beyond.
           Yours sincerely,
                                                      John Taylor,
                                                President and CEO.

  Mr. BOND. Mr. President, I rise today to express my strong support 
for the American Small Business Emergency Relief and Recovery Act of 
2001. I thank Senator John Kerry for introducing this bill, and I am 
pleased to be its principal cosponsor. In this period immediately 
following the September 11 terrorist attacks on the World Trade Center 
and the Pentagon, I urge all my colleagues to review this bill closely. 
Its prompt passage will provide important tools to small businesses 
that were directly and indirectly harmed by the terrorist attacks.
  As the ranking member of the Committee on Small Business and 
Entrepreneurship, I receive on a daily basis pleas for help from small 
business in Missouri and across the Nation: small restaurants who have 
lost much of their business due to the fall off in business travel; 
local flight schools that have been grounded as a result of the recent 
terrorist attacks; and Main Street retailers who are struggling to 
survive in the slowing economy. Clearly, we in Congress must act and 
act soon to help our Nation's small businesses.
  In response to these urgent calls for help, yesterday, I introduced 
the Small Business Leads to Economic Recovery Act of 2001 (S. 1493), 
which is designed to provide effective economic stimulus in three 
distinct but complementary ways: increasing access to capital for the 
Nation's small enterprises; providing tax relief and investment 
incentives for our small firms and the self-employed; and directing one 
of the Nation's largest consumers, the Federal Government, to shop with 
small business in America.
  The Kerry-Bond bill goes to the heart of the problem by addressing 
the access to capital barriers now confronting small businesses. This 
bill is a bipartisan collaboration between Senator Kerry and me and our 
staffs of the Committee on Small Business and Entrepreneurship. We have 
worked together to devise one-time modifications to the SBA Disaster 
Relief, 7(a) and 504 Loan Programs because the traditional approach to 
disaster relief will not address the critical needs of thousands of 
small businesses located at or around the World Trade Center, the 
Pentagon and in strategic locations throughout the United States.
  In New York City, it may be a year or more before many of the small 
businesses destroyed or shut down by the terrorist attacks can reopen 
their doors for business. Small firms near the Pentagon, such as those 
at the Reagan National Airport or Crystal City, Virginia, are also shut 
down or barely operating. And there are small businesses throughout the 
United States that have been shut down for national security concerns. 
For example, General Aviation aircraft remain grounded, closing all 
flight schools and other small businesses dependent on single engine 
aircraft.
  Regular small business disaster loans fall short of providing 
effective disaster relief to help these small businesses. Therefore, 
our bill will allow small businesses to defer for up to two years 
repayment of principal and interest on their SBA disaster relief loans. 
Interest that would otherwise accrue during the deferment period would 
be forgiven. The thrust of this essential new ingredient is to allow 
the small businesses to get back on their feet without jeopardizing 
their credit or driving them into bankruptcy.
  Small enterprises located in the presidentially declared disaster 
areas surrounding the World Trade Center and the Pentagon are not the 
only businesses experiencing extreme hardship as a direct result of the 
terrorist attacks of September 11. Nationwide, thousands of small 
businesses are unable to conduct business or are operating at a bare-
minimum level. Tens of thousands of jobs are at risk of being lost as 
small businesses weather the fall out from the September 11 attacks.
  The Kerry-Bond bill provides a special financial tool to assist small 
businesses as they deal with these significant business disruptions. 
Small businesses in need of working capital would be able to obtain 
SBA-guaranteed ``Emergency Relief Loans'' from their

[[Page 18730]]

banks to help them during this period. Fees normally paid by the 
borrower to the SBA would be eliminated, and the SBA would guarantee 95 
percent of the loan. A key feature of the bill is the authorization for 
banks to defer repayment of principal for up to one year.
  My colleagues and I have been hearing time and time again during the 
last three weeks since the terrorist attacks that small businesses are 
experiencing significant hardship. The downturn in business activity, 
however, was clearly underway prior to September 11. The downturn was 
further exacerbated by the terrorist attacks.
  Historically, when our economy slows or turns into a recession, the 
strength of the small business sector helps to right our economic ship, 
with small businesses leading the nation to economic recovery. Today, 
small businesses employ 58 percent of the U.S. workforce and create 75 
percent of the net new jobs. Clearly, we cannot afford to ignore 
America's small businesses as we consider measures to stimulate our 
economy.
  The Kerry-Bond bill would provide for changes in the SBA 7(a) 
Guaranteed Business Loan Program and the 504 Certified Development 
Company Loan Program to stimulate lending to small businesses that are 
most likely to grow and add new employees. These enhancements to the 
SBA's 7(a) and 504 loan programs are to extend for one year. They are 
designed to make the program more affordable during the period when the 
economy is weak and banks have tightened their underwriting 
requirements for small business loans.
  Specifically, when the economy is slowing, it is normal for banks to 
raise the bar for obtaining commercial loans. However, making it harder 
for small businesses to survive is the wrong reaction to a slowing 
economy. By making these one-year adjustments to the 7(a) and 504 loans 
to make them more affordable to borrowers and lenders, we will be 
working against history's rules governing a slowing economy, thereby 
adding a stimulus for small businesses. Essentially, we will be 
providing a counter-cyclical action in the face of a slow economy with 
the express purpose of accelerating the recovery.
  The SBA has a very effective infrastructure for providing management 
assistance to small businesses located nationwide. The Small Business 
Development Center (SBDC), SCORE, Women's Business Center and Microloan 
programs provide much needed counseling to small businesses that are 
struggling or facing problems in their start-up phase. With the U.S. 
economy under unusual stress, many segments of the small business 
community are today unable to cope with daily management issues.
  The Kerry-Bond bill would authorize expansions in these programs so 
that the SBDCs, the SCORE chapters and the Women's Business Centers are 
positioned to address the needs of a large influx of small businesses 
looking for help. Our bill would create special authorizations for each 
program to provide assistance tailored to the needs of small businesses 
following the September 11 terrorist attacks. In addition, the bill 
would increase the authorization levels by the following amounts: SBDC 
program $25 million, SCORE $2 million, Women's Business Centers, $2 
million, and Microloan technical assistance, $5 million.
  In order to measure the impact of the terrorist attacks on small 
businesses and the effectiveness of the Federal response to provide 
assistance, the Kerry-Bond bill directs the Office of Advocacy at the 
SBA to submit annual studies to the Congress for the next five years 
outlining its findings. Specifically, each annual report should include 
information and data on bankruptcies and business failures, job losses, 
and the impact of the assistance to the adversely affected small 
businesses. $500,000 annually is authorized for the Office of Advocacy 
to carry out this important five year project.
  The American Small Business Emergency Relief and Recovery Act of 2001 
is important legislation that is needed to help the many struggling 
small businesses. I am pleased to join Senator Kerry and my colleagues 
who are cosponsoring the bill in urging an early debate on this bill. 
Swift passage will very helpful to the long-term survival of many of 
American's small businesses.
  Mr. BINGAMAN. Mr. President, I rise today in extremely strong support 
of S. 1499, the American Small Business Emergency Relief and Protection 
Act, and I am pleased to be an original co-sponsor of the legislation. 
In the aftermath of the attacks on New York City and the Pentagon on 
September 11, we were right I believe, to focus our attention on the 
loss of human life and the enormous tragedy that had affected our 
entire Nation. From my perspective, there would have been something 
callous about calculating economic impact when there was so much 
visible pain and suffering going on around us.
  But as time has passed, there is an economic reality that must be 
addressed in a coherent and effective fashion. The increasingly 
negative economic reports we face cannot be ignored as they have 
immediate and tangible effects on the people and communities of our 
country. Over the last week or so the administration, along with key 
Members of Congress, have discussed the creation of an economic 
stimulus plan that is designed to pull our country and our economy back 
on track and back to where it belongs. Although this plan has yet to be 
solidified, it will provide Americans with a stable and secure 
foundation upon which public confidence can grow again, economic growth 
can expand again, and business productivity can increase again.
  The bipartisan legislation that was introduced today by Senator Kerry 
will complement this economic stimulus package by giving substantial 
assistance to the small businesses that were either directly affected 
by the events on September 11 or subsequently affected by the ripple 
that has spread across the United States. Senator Kerry has very wisely 
taken an approach that looks not only at the small businesses that were 
in the immediate areas of the attack and thus suffered as a result of 
the damage or closures, but also those businesses--supplier firms, 
contractors, and so on--that have suffered indirectly as a result of 
the initial destruction. These businesses will now have the opportunity 
to obtain a number of benefits not previously available under current 
legislation. In brief, the legislation: expands and facilities access 
for small business to the SBA Disaster Loan Program; offers incentives 
that allows business to use the 7(a) and 504 Loan Programs; provides 
additional funds to the SCORE and SBDC Programs, and; increases 
outreach done by SBA to small businesses in need of management 
consulting.
  Let me provide some context to this effort. From where I sit, no 
sector of the economy is as vital, dynamic, and creative as small 
business. If you read the paper or listen to the news, you know that 
there has been an entrepreneurial explosion in the United States over 
the last decade, and that this explosion has significantly impacted 
every region in the country. According to the latest estimates, there 
are at least 24 million full time small businesses in the United States 
at this time, employing millions of Americans. Make no mistake about 
it, these businesses drive the U.S. economy, as they are the ones that 
fire innovation, provide jobs, and create wealth for the country as a 
whole. When we talk about the knowledge economy, we are talking about 
small business. When we talk about energy and risk-taking, we are 
talking about small business. When we talk about the ``creative 
destruction'' that enhances our over-all competitiveness and pushes our 
country forward, we are talking about small business.
  Small business represents the best of the United States, and from 
where I sit we should always make sure it has everything it needs to 
make a go of it. In my State of New Mexico, there are nearly 40,000 
small businesses, over half owned by women and minorities. These 
entities employ nearly 60 percent of the individuals that are now 
working in my state and generate billions of dollars in revenue. New 
Mexico depends on small business for its continued economic welfare, 
and I am committed to

[[Page 18731]]

helping them succeed in good times and in bad.
  It is never easy to start a small business or earn a profit, but it 
has gotten significantly harder recently. Many small businesses were 
already teetering on the brink as a result of the economic downturn, 
but in number of cases, conditions have become unmanageable as a result 
of the September 11 events and the recession. It is time to recognize 
that these folks need some help. This legislation does that. It shows 
that the Congress cares about what has happened and will do everything 
in its power to put things back on track again. It accepts the fact 
that these folks are not experiencing a normal business cycle downturn, 
and that they can't wait for the next upturn for things to get better. 
They need some assistance, and they need it now.
  As far as I am concerned, it would be a good fit to have this 
specific legislation in the economic stimulus package being put 
together at this time. However, given how far down the road the 
negotiations over that package are, I doubt if that is possible. If 
this is indeed the case, I think it is imperative absolutely 
imperative, that this legislation be passed by both the Senate and the 
House, and then signed by the President as soon as possible. If we are 
looking for stability and confidence to be re-established in the United 
States, small business is a good place to start. It is time to act, and 
I urge my colleagues on both sides of the aisle to support this bill.
  Mr. AKAKA. Mr. President, I am pleased to join my colleagues from 
Massachusetts, Mr. Kerry, and Missouri, Mr. Bond, as an original 
cosponsor of the American Small Business Emergency Relief and 
Protection Act of 2001.
  As our Nation grieves for the victims and honors the rescuers, the 
American people stand with President Bush and support his assurance 
that our response to this terrible event and our pursuit of justice 
will be ``calm and resolute.'' The challenge and responsibility we all 
share in the aftermath of September 11 is to return to work, carry on 
with business, bolster our economy, and restore public confidence in 
the freedom of movement which we enjoy.
  We have already begun to repair the damage, enhance airline security, 
strengthen our national security, and fight terrorism. We have acted to 
support the airline industry in this difficult time. Now, legislation 
is needed to support small businesses as they face increasing 
challenges.
  It has been twenty-three days since the disaster and millions of 
workers and small businesses nationwide in a variety of industries have 
felt the economic aftershock of these events. Hawaii's hospitality 
industry has been hit particularly hard by the significant decrease in 
business and leisure travelers who are staying close to home. Airlines 
are having to adjust to the reduced number of travelers, while hotels 
are dealing with low occupancy rates due to the cancellation or 
postponement of planned trips to Hawaii. Since the airports reopened, 
domestic visitor arrivals in Hawaii have decreased by 31 percent 
compared to the same time period last year. Comparing international 
arrivals during the period from September 15-25 for 2000 and 2001, 
reveals a 65 percent decrease in visitors. Restaurants, hospitality 
services, shopping centers, and other tourism-related businesses are 
also being affected by the lack of visitors. The Hawaii Department of 
Labor and Industrial Relations reports that unemployment claims for the 
week of September 17 were double the weekly average. It is estimated 
that 80 percent of these claims are tourism related.
  Hawaii is not alone in experiencing a downturn in tourist and 
business travel. Popular visitor destinations across the country, 
including Washington, DC, Florida, and Las Vegas have also endured 
sharp drops in visitors. The losses to airlines, hotels, restaurants, 
and other small businesses are already in the billions of dollars. The 
economic repercussions extend to all fifty states, as the economic 
decline impacts the lives of millions of people.
  While I am confident that Hawaii's and our Nation's tourism industry 
can withstand this downturn in the economy, action is necessary to help 
preserve existing jobs and support the economy during this difficult 
time. Further job reductions will have significant spillover effects on 
the economy.
  The legislation is aimed at alleviating the economic strain on small 
businesses by providing crucial access to credit. By expanding the 
application eligibility of the Small Business Administration's Disaster 
Loan programs to event-based instead of location-based criteria, many 
more struggling companies in all 50 states will be able to obtain the 
assistance they need. For example, small companies which provide 
hospitality or travel services would be eligible. Many others in a wide 
range of industries would be permitted to apply for assistance. The 
measure would also create incentives for small businesses to utilize 
the non-disaster relief loan programs. The incentives would encourage 
wary individuals and companies to borrow and lend to establish and 
expand small businesses in the current economic environment.
  I thank my colleagues from Massachusetts and Missouri for introducing 
this legislation and ask my colleagues to join in supporting this 
essential measure to assist small businesses in the aftermath of the 
heinous attacks of September 11.
                                 ______
                                 
      By Mr. KYL (for himself and Mr. Miller):
  S. 1500. A bill to amend the Internal Revenue Code of 1986 to provide 
tax and other incentives to maintain a vibrant travel and tourism 
industry, to keep working people working, and to stimulate economic 
growth, and for other purposes; to the Committee on Finance.
  Mr. KYL. Mr. President, today I rise to introduce critical 
legislation that will help restore confidence in our country's ailing 
travel and tourism industry as well as serve as an immediate stimulus 
to our economy in general.
  As recent economic data have confirmed, our economy was ailing before 
the terrorist attacks on Tuesday, September, 11, but few were talking 
about emergency measures to stimulate it. What is different after 
September 11 is the downward spiral of the economy, led by the travel 
industry.
  Proposals for stimulating the economy have centered on traditional 
arguments as to whether we should focus more on stimulating business 
investment, consumer demand, or infrastructure. Eager for a bipartisan 
approach, members of Congress and President Bush appear agreeable to 
splitting the difference and doing a little of each. To me, that's a 
political solution and it ignores the emergency created in the 
aftermath of September 11.
  I believe that we need to rethink what has happened to our economy to 
arrive at the stimulus legislation that attacks the major problem, and, 
therefore, will do the most overall good.
  Before September 11, our economy was ailing for precisely the reasons 
Federal Reserve Chairman Alan Greenspan articulated, a lack of business 
investment. The terrorist attacks have made the general situation worse 
and caused an absolute emergency in certain sectors of the economy. 
Although I certainly agree that Congress should stimulate business 
investment and shore up consumer expectations, for example, by making 
our recent tax law permanent, cutting capital gains taxes, eliminating 
corporate AMT and accelerating our outdated cost recovery periods, I 
contend that our first focus should be directly on the sector hardest 
hit by these events.
  To illustrate my point, an analogy is useful. Our economy had a bad 
case of the flu before September 11. Reducing interest rates, providing 
tax relief, and cutting regulatory burdens were all part of the 
antibiotic medicine needed to get the economy healthy again. During the 
economy's rehabilitation period, however, it sustained a major trauma. 
Under these circumstances, what should be a first priority, another 
dose of flue medication, or treatment applied directly to the gaping 
wound?
  I believe that we must focus an emergency economic stimulus on the 
sector that has been most harmed: our travel

[[Page 18732]]

industry. If we are to prevent thousands of bankruptcies, hundreds of 
thousands of lost jobs, as well as numerous indirect consequences to 
the rest of the economy, it is essential that we provide some immediate 
help to the travel industry.
  Accordingly, I am introducing legislation that seeks to treat this 
emergency economic situation or wound before it spreads an infection 
throughout the entire economy. Elements of my legislation include: 
Providing a temporary $500 tax credit per person ($1,000 for a couple 
filing jointly) for personal travel expenses for travel originating in 
and within the United States. This will help encourage Americans to 
resume their normal travel habits. Unlike general rebate checks to 
taxpayers, a tax credit conditioned on travel expenses ensures that the 
money is spent on a specific activity, in this case an activity that 
will generate positive economic ripples throughout the entire American 
economy. It will also help create confidence and encourage Americans to 
get back on airplanes.
  Since business travel expenses are already deductible, temporarily 
restoring full deductibility for all business entertainment expenses, 
including meals, that are now subject to a 50 percent limitation, would 
help bring back the backbone of the travel industry, the business 
traveler.
  Finally, in order to provide tax relief to those travel-related 
businesses most hurt by the terrorist attacks, Congress should allow 
these companies to ``carry back'' their losses incurred after September 
11, for a temporary period of three additional years, a total, 
temporary, ``carry back'' period of five years. This will allow 
companies that have been profitable until September 11, but then lost 
money in excess of the past two years' amount of profit, to offset 
previous years' profit. Without this relief, many companies will go 
bankrupt, solely due to the terrorist attacks.
  To be quick and temporary, the credit should be available for 
expenses incurred before December 31, 2001. The travel could occur 
later.
  This legislation meets the criteria set forth by President Bush and 
the chairman of the Finance Committee. By definition, the relief would 
be temporary. The revenue loss attributable to this legislation for 
2001 should occur no later than 2002 and so there would not be a long-
term, negative drag on our federal budget. In fact, I believe that it 
would help ensure a positive, long-term budgetary position by getting 
America moving and doing business again. As for the need to stimulate 
consumer spending, providing consumers with incentives to travel is 
clearly a demand-driven idea. I also contend that it will help stem the 
retrenchment in business investment that the economy is experiencing in 
the travel industry and many related industries. Finally, travel is not 
a partisan issue, it is one of the most bipartisan of all issues.
  As Secretary O' Neill said before the Finance Committee on October 3, 
``The medicine has to work and be worth the cost.'' Without airline 
travel, collateral consequences to related industries will be 
substantial. Of all the competing proposals I can think of, none more 
directly affects the major cause of the problem in our economy.
  So there it is. Our economy has sustained a specific trauma. We need 
a quick and focused response to this emergency condition. the ``Travel 
America Now Act'' provides the right medicine for the most acute 
problem. I urge my colleagues to join me and support this legislation.
  Mr. President, I ask unanimous consent that the text of this bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1500

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Travel America Now Act of 
     2001''.

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) Prior to September 11, 2001, more than 19,000,000 
     Americans were employed in travel and travel-related jobs, 
     with an estimated annual payroll of $171,500,000,000.
       (2) In recent years, the travel and tourism industry has 
     grown to be the third largest industry in the United States 
     as measured by retail sales, with over $582,000,000,000 in 
     expenditures, generating over $99,600,000,000 in Federal, 
     State, and local tax revenues in 2000.
       (3) In 2000, the travel and tourism industry created a 
     $14,000,000,000 balance of trade surplus for the United 
     States.
       (4) The travel and tourism industry and all levels of 
     government are working together to ensure that, following the 
     horrific terrorist attacks on the World Trade Center and the 
     Pentagon on September 11, 2001, travel is safe and secure, 
     and that confidence among travelers is maintained.
       (5) Urgent, short-term measures are necessary to keep 
     working people working and to generate cash flow to assist 
     the travel and tourism industry in its ongoing efforts to 
     retain its economic footing.
       (6) Increased consumer spending on travel and tourism is 
     essential to revitalizing the United States economy.
       (7) The American public should be encouraged to travel for 
     personal, as well as business, reasons as a means of keeping 
     working people working and generating cash flow that can help 
     stimulate a rebound in the Nation's economy.

     SEC. 3. PERSONAL TRAVEL CREDIT.

       (a) In General.--Subpart A of part IV of subchapter A of 
     chapter 1 of the Internal Revenue Code of 1986 (relating to 
     nonrefundable personal credits) is amended by inserting after 
     section 25B the following new section:

     ``SEC. 25C. PERSONAL TRAVEL CREDIT.

       ``(a) Allowance of Credit.--In the case of an individual, 
     there shall be allowed as a credit against the tax imposed by 
     this chapter for the taxable year an amount equal to the 
     qualified personal travel expenses which are paid or incurred 
     by the taxpayer on or after the date of the enactment of this 
     section and before January 1, 2002.
       ``(b) Maximum Credit.--The credit allowed to a taxpayer 
     under subsection (a) for any taxable year shall not exceed 
     $500 ($1,000, in the case of a joint return).
       ``(c) Qualified Personal Travel Expenses.--For purposes of 
     this section--
       ``(1) In general.--The term `qualified personal travel 
     expenses' means reasonable expenses in connection with a 
     qualifying personal trip for--
       ``(A) travel by aircraft, rail, watercraft, or motor 
     vehicle, and
       ``(B) lodging while away from home at any commercial 
     lodging facility.
     Such term does not include expenses for meals, entertainment, 
     amusement, or recreation.
       ``(2) Qualifying personal trip.--
       ``(A) In general.--The term `qualifying personal trip' 
     means travel within the United States--
       ``(i) the farthest destination of which is at least 100 
     miles from the taxpayer's residence,
       ``(ii) involves an overnight stay at a commercial lodging 
     facility and
       ``(iii) which is taken on or after the date of the 
     enactment of this section.
       ``(B) Only personal travel included.--Such term shall not 
     include travel if, without regard to this section, any 
     expenses in connection with such travel are deductible in 
     connection with a trade or business or activity for the 
     production of income.
       ``(3) Commercial lodging facility.--The term `commercial 
     lodging facility' includes any hotel, motel, resort, rooming 
     house, or campground.
       ``(d) Special Rules.--
       ``(1) Denial of credit to dependents.--No credit shall be 
     allowed under this section to any individual with respect to 
     whom a deduction under section 151 is allowable to another 
     taxpayer for a taxable year beginning in the calendar year in 
     which such individual's taxable year begins.
       ``(2) Expenses Must Be Substantiated.--No credit shall be 
     allowed by subsection (a) unless the taxpayer substantiates 
     by adequate records or by sufficient evidence corroborating 
     the taxpayer's own statement the amount of the expenses 
     described in subsection (c)(1).
       ``(e) Denial of Double Benefit.--No deduction shall be 
     allowed under this chapter for any expense for which credit 
     is allowed under this section.''.
       (b) Conforming Amendment.--The table of sections for 
     subpart A of part IV of subchapter A of chapter 1 of the 
     Internal Revenue Code of 1986 is amended by inserting before 
     the item relating to section 26 the following new item:

``Sec. 25C. Personal travel credit.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years ending after the date of the 
     enactment of this Act.

     SEC. 4. TEMPORARY INCREASE IN DEDUCTION FOR BUSINESS MEALS 
                   AND ENTERTAINMENT.

       (a) In General.--Subsection (n) of section 274 of the 
     Internal Revenue Code of 1986 (relating to only 50 percent of 
     meal and entertainment expenses allowed as deduction) is 
     amended by adding at the end the following new paragraph:

[[Page 18733]]

       ``(4) Temporary increase in limitation.--With respect to 
     any expense or item paid or incurred on or after the date of 
     the enactment of this paragraph and before January 1, 2002, 
     paragraph (1) shall be applied by substituting `100 percent' 
     for `50 percent'.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years ending after the date of the 
     enactment of this Act.

     SEC. 5. NET OPERATING LOSS CARRYBACK FOR TRAVEL AND TOURISM 
                   INDUSTRY.

       (a) In General.--Paragraph (1) of section 172(b) of the 
     Internal Revenue Code of 1986 (relating to years to which 
     loss may be carried) is amended by adding at the end the 
     following new subparagraph:
       ``(H) Travel and tourism industry losses.--In the case of a 
     taxpayer which has a travel or tourism loss (as defined in 
     subsection (j)) for a taxable year that includes any portion 
     of the period beginning on or after September 12, 2001, and 
     ending before January 1, 2002, such travel or tourism loss 
     shall be a net operating loss carryback to each of the 5 
     taxable years preceding the taxable year of such loss.''.
       (b) Special Rules for Travel and Tourism Industry Losses.--
     Section 172 of the Internal Revenue Code of 1986 (relating to 
     net operating loss deduction) is amended by redesignating 
     subsection (j) as subsection (k) and by inserting after 
     subsection (i) the following new subsection:
       ``(j) Rules Relating to Travel and Tourism Industry 
     Losses.--For purposes of this section--
       ``(1) In general.--The term `travel or tourism loss' means 
     the lesser of--
       ``(A) the amount which would be the net operating loss for 
     the taxable year if only income and deductions attributable 
     to the travel or tourism businesses are taken into account, 
     or
       ``(B) the amount of the net operating loss for such taxable 
     year.
       ``(2) Travel or tourism business.--The term `travel or 
     tourism business' includes the active conduct of a trade or 
     business directly related to travel or tourism, including--
       ``(A) the provision of commercial transportation (including 
     rentals) or lodging,
       ``(B) the operation of airports or other transportation 
     facilities or the provision of services or the sale of 
     merchandise within such facilities,
       ``(C) the provision of services as a travel agent,
       ``(D) the operation of convention, trade show, or 
     entertainment facilities, and
       ``(E) the provision of other services as specified by the 
     Secretary.
       ``(3) Coordination with subsection (b)(2).--For purposes of 
     applying subsection (b)(2), a travel or tourism loss for any 
     taxable year shall be treated in a manner similar to the 
     manner in which a specified liability loss is treated.
       ``(4) Election.--Any taxpayer entitled to a 5-year 
     carryback under subsection (b)(1)(H) from any loss year may 
     elect to have the carryback period with respect to such loss 
     year determined without regard to subsection (b)(1)(H). Such 
     election shall be made in such manner as may be prescribed by 
     the Secretary and shall be made by the due date (including 
     extensions of time) for filing the taxpayer's return for the 
     taxable year of the net operating loss. Such election, once 
     made for any taxable year, shall be irrevocable for such 
     taxable year.
       ``(5) Related taxpayers.--Under regulations prescribed by 
     the Secretary and at the election of a taxpayer entitled to a 
     5-year carryback under subsection (b)(1)(H) with respect to a 
     travel or tourism loss, such loss may be credited against the 
     taxable income earned during the 5-year carryback period by 
     any member of a controlled group of corporations (as defined 
     in section 1563(a)) of which the taxpayer is a component or 
     additional member within the meaning of section 1563(b).''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years ending before, on, or after the 
     date of the enactment of this Act.
                                 ______
                                 
      By Mr. DURBIN (for himself, Mr. Torricelli, Ms. Mikulski, and 
        Mrs. Clinton):
  S. 1501. A bill to consolidate in a single independent agency in the 
Executive branch the responsibilities regarding food safety, labeling, 
and inspection currently divided among several Federal agencies; to the 
Committee on Government Affairs.
  Mr. DURBIN. Mr. President, today I am introducing legislation that 
would replace the current fragmented Federal food safety system with a 
single agency responsible for all Federal food safety activities, the 
Safe Food Act of 2001. I am pleased to be joined by Senators 
Torricelli, Mikulski, and Clinton in this important effort.
  Make no mistake, our country has been blessed with one of the safest 
and most abundant food supplies in the world. However, we can do 
better. Foodborne illnesses and hazards are still a significant problem 
that cannot be passively dismissed.
  The Centers for Disease Control and Prevention, CDC, estimate that as 
many as 76 million people will suffer from food poisoning this year. Of 
those individuals, approximately 325,000 will be hospitalized, and more 
than 5,000 will die. The Department of Health and Human Services, HHS, 
also predicts that foodborne illnesses and deaths will increase 10-15 
percent over the next decade. With emerging pathogens, an aging 
population with a growing number of people at high risk for foodborne 
illnesses, broader distribution patterns, an increasing volume of food 
imports, and changing consumption patterns, this situation is not 
likely to improve without decisive action.
  Foodborne illnesses are not only a safety concern for our citizens. 
They are also a costly problem for the Nation. In terms of medical 
costs and productivity losses, foodborne illness costs the Nation up to 
$37 billion annually.
  American consumers spend more than $617 billion annually on food, of 
which about $511 billion is spent on foods grown on U.S. farms. Our 
ability to ensure that our food supply is safe, and to react rapidly to 
potential threats to food safety is critical not only for public 
health, but also to the vitality of both domestic and rural economies 
and international trade.
  Many of you have probably followed the stories about the European 
food crises, dioxin contamination of Belgian food, foot-and-mouth 
disease in the United Kingdom, and mad cow disease spreading to 13 
European countries, as well as to Asia. While these diseases have 
thankfully not reached the United States, they do cause American 
consumers concern and remind us that food safety fears are global.
  Today, food moves through a global marketplace. This was not the case 
in the early 1900s when the first Federal food safety agencies were 
created. Throughout this century, Congress responded by adding layer 
upon layer, agency upon agency, to answer the pressing food safety 
needs of the day. That's how the Federal food safety system got to the 
point where it is today. And again as we face increasing pressures on 
food safety, the Federal Government must respond. But we must respond 
not only to these pressures but also to the highly fragmented nature of 
the Federal food safety structure.
  Fragmentation of our food safety system is a burden that must be 
changed to protect the public health from these increasing pressures. 
Currently, there are at least 12 different Federal agencies and 35 
different laws governing food safety. With overlapping jurisdictions, 
Federal agencies often lack accountability on food safety-related 
issues.
  The General Accounting Office, GAO, has also been unequivocal in its 
recommendation for consolidation of Federal food safety programs. Over 
the past two years, GAO has issued numerous reports on topics such as 
food recalls, food safety inspections, and the transport of animal 
feeds. Each of these reports highlight the current fragmentation and 
inconsistent organization of the various agencies involved in food 
safety oversight. In August 1999, GAO testified that a ``single 
independent food safety agency administering a unified, risk-based food 
safety system is the preferred approach . . .'' to food safety 
oversight. Also, in a May 25, 1994 report, GAO cites that its testimony 
in support of a unified, risk-based food safety system ``is based on 
over 60 reports and studies issued over the last 25 years by GAO, 
agency Inspectors General, and others.'' The Appendix to the 1994 GAO 
report lists 49 reports since 1977, 9 USDA Office of Inspector General 
reports since 1986, 1 HHS Office of Inspector General report in 1991, 
and 15 reports and studies by Congress, scientific organizations, and 
others since 1981.
  The National Academy of Sciences, NAS, has also concluded that the 
current fragmented food safety system is less than adequate to meet 
America's food safety needs. In August 1998, the NAS released a report 
recommending the establishment of a ``unified and central framework'' 
for managing Federal food safety programs. They instructed that the 
unified system should

[[Page 18734]]

be ``one that is headed by a single official and which has the 
responsibility and control of resources for all Federal food safety 
activities.''
  I agree with the recommendations of both the GAO and the NAS. A 
single food safety agency is needed to replace the current, fragmented 
system. My proposed legislation would combine the functions of USDA's 
Food Safety and Inspection Service, FDA's Center for Food Safety and 
Applied Nutrition and the Center for Veterinary Medicine, the 
Department of Commerce's Seafood Inspection Program, and the food 
safety functions of other Federal agencies. This agency would be funded 
with the combined budgets from these consolidated agencies.
  Following the events of September 11, we are more keenly focused on 
how varied aspects of America's homeland security, including our 
Nation's food supply, may be vulnerable to attack. Our Federal food 
safety system must be able to prevent potential food hazards from 
reaching the public. A single food safety agency will help ensure that 
we have a cohesive process to address all ongoing and emerging threats 
to food safety.
  With overlapping jurisdictions, Federal agencies many times lack 
accountability on food safety-related issues. There are simply too many 
cooks in the kitchen. A single agency would help focus our policy and 
improve enforcement of food safety and inspection laws.
  Over 20 years ago, the Senate Committee on Governmental Affairs 
advised that consolidation is essential to avoid conflicts of interest 
and overlapping jurisdictions. This 1977 report stated, ``While we 
support the recent efforts of FDA and USDA to improve coordination 
between the agencies, periodic meetings will not be enough to overcome 
[these] problems.''
  It's time to move forward. Let's stop discussing the need to 
consolidate and instead take steps to make consolidation happen. Let us 
create what only makes sense, a single food safety agency!
  A single agency with uniform food safety standards and regulations 
based on food hazards would provide an easier framework for 
implementing U.S. standards in an international context. When our own 
agencies don't have uniform safety and inspection standards for all 
potentially hazardous foods, the establishment of uniform international 
standards will be next to impossible.
  Research could be better coordinated within a single agency than 
among multiple programs. Currently, Federal funding for food safety 
research is spread over at least 20 Federal agencies, and coordination 
among those agencies is ad hoc at best.
  New technologies to improve food safety could be approved more 
rapidly with one food safety agency. Currently, food safety 
technologies must go through multiple agencies for approval, often 
adding years of delay.
  Food recalls are on the rise. In fact, at the end of August 2001, 
FSIS reported that there have been over fifty recalls of meat and 
poultry products throughout the Nation this year alone. Under these 
serious circumstances, it is important to move beyond short-term 
solutions to major food safety problems. A single food safety and 
inspection agency could more easily work toward long-term solutions to 
the frustrating and potentially life-threatening issue of food safety.
  In this era of limited budgets, it is our responsibility to modernize 
and streamline the food safety system. The U.S. simply cannot afford to 
continue operating multiple systems. This is not about more regulation, 
a super agency, or increased bureaucracy. It is about common sense and 
more effective marshaling of our existing Federal resources.
  Together, we can bring the various agencies together to eliminate the 
overlap and confusion that have, unfortunately, at times characterized 
our food safety efforts. We need action, not simply reaction. I 
encourage my colleagues to join me in this effort to consolidate the 
food safety and inspection functions of numerous agencies and offices 
into a single food safety agency.
                                 ______
                                 
      By Mr. JEFFORDS (for himself, Mrs. Lincoln, Mr. Chafee, Mr. Bayh, 
        and Ms. Snowe):
  S. 1502. A bill to amend the internal Revenue Code of 1986 to allow a 
refundable tax credit for health insurance costs for COBRA continuation 
coverage, and for other purposes; to the Committee on Finance.
  Mr. JEFFORD. Mr. President, as President Bush said yesterday, 
regarding the need for an economic stimulus package: ``one person laid 
off is one person too many.'' I strongly agree. Today, I'm pleased to 
join with Senator Lincoln and my other colleagues in introducing the 
COBRA Plus Act of 2001. This legislation will help those who've lost 
their jobs in the aftermath of the terrorist acts of September 11 keep 
health insurance coverage for themselves and their families as they 
seek new employment.
  As we in Congress work with the administration to develop an economic 
stimulus package, it needs to reflect the three themes spelled out by 
Secretary O'Neill. The package must restore consumer confidence. For 
with the restoration of confidence, the American people will again 
begin buying our Nation's goods and services. We must also support 
increased business investment. Business investment is what creates new 
jobs and is the engine of our economy. And finally, and I think most 
importantly, we must help those individual Americans who lost their 
jobs as a consequence of the terrorist bombings of September 11.
  COBRA provides an existing mechanism to allow these laid-off workers 
the opportunity to keep their health insurance while they seek new 
employment. Under COBRA, an employer with 20 or more employees must 
provide those employees and their families the option of continuing 
their coverage under the employer's group health insurance plan in the 
case of losing their job. The employer is not required to pay for this 
coverage; instead, the individual can be required to pay up to 102 
percent of the premium.
  For all of its strengths, COBRA has some significant deficiencies. 
While it allows those who've lost their job to keep their health 
insurance coverage, it requires them to pay the entire premium at a 
time when they have no income. The high cost of COBRA is the major 
reason cited for the fact that only 18 percent of eligible enrollees 
utilize their coverage option. The COBRA Plus Act of 2001 solves this 
problem. It provides a 50-percent subsidy for the individual's health 
insurance premium, not to exceed a total of $110 per month for single 
coverage and $290 per month for family coverage. This subsidy would be 
a refundable tax credit, which means it is available regardless of 
one's tax liability, and the credit could be advanced directly on a 
monthly basis to the individual's employer or health insurance plan.
  The credit would be available for a period not to exceed 9 months and 
the credit must be used to purchase COBRA coverage. The credit would be 
available for 2 years beginning January 1, 2002 and it would sunset on 
December 31, 2003. While the Joint Committee on Taxation has not 
released a cost estimate, rough informal estimates are that the 
legislation will cost between $3.3 billion and $5 billion per year and 
it would more than double the number of individuals utilizing COBRA at 
any one time from the current level of $2.5 million to $6 million.
  Vermont's motto of ``Freedom and Unity'' captures the sense of 
individual responsibility and shared community that are the twin goals 
of the COBRA Plus Act of 2001. First, by giving unemployed workers 
access to additional financial resources, it will significantly 
increase the number of Americans who take advantage of COBRA's health 
insurance coverage option. And second, by relying on the tax code, the 
credit will go directly to individuals and eliminate the need to create 
a new Federal program.
  In my home State of Vermont, as is the case across the country, these 
recent events have put the security of a well-paid job with health 
insurance coverage at risk. It is important that we here in Congress 
help to restore confidence in the fundamental strength of our Nation's 
economy. Americans

[[Page 18735]]

should know that they will still have productive jobs with health 
insurance coverage for their families now and into the future. I 
believe that the enactment of this legislation will be an important 
strand in strengthening the fabric of our society as we move forward in 
addressing the terrible acts of September 11.
  Mr. CHAFEE. Mr. President, I am pleased to join Senators Jeffords, 
Lincoln, Snowe, and Bayh today in introducing the COBRA Plus Act of 
2001.
  The COBRA Plus Act of 2001 will provide a tax credit to help offset 
the costs of COBRA health insurance for unemployed workers. This is 
particularly important due to the challenges that our economy faces and 
the number of individuals who have lost or will lose their jobs as a 
result of the terrorist attacks on September 11. Specifically, this 
bill will help unemployed individuals keep their health insurance 
coverage by subsidizing their COBRA premiums through an individual tax 
credit.
  According to the Congressional Research Service, it is estimated that 
4.7 million Americans are enrolled in COBRA health plans at any given 
moment. With average annual COBRA insurance costing over $6,000, many 
individuals opt not to participate and therefore join the ranks of the 
39 million uninsured in this country. A recent survey indicated that 
less than 20 percent of those eligible for COBRA insurance actually 
took advantage of the insurance. Without a premium subsidy such as the 
one offered in this bill, COBRA insurance is cost-prohibitive. The goal 
of this legislation is to decrease the number of uninsured individuals 
by providing an incentive to use COBRA insurance. This legislation will 
hopefully increase the number of COBRA users to at least six million.
  While I am deeply saddened by the events that led to the introduction 
of this bill, I am heartened that we are able to provide a way for 
individuals to retain their health insurance.
  I commend Senator Jeffords for his leadership on this issue, and am 
hopeful that it will get signed into law in the near future to assist 
our nation's displaced workers.
                                 ______
                                 
      By Mr. ROCKEFELLER (for himself, Mr. DeWine, Ms. Landrieu, Ms. 
        Snowe, Mr. Breaux, Mr. Bond, Mr. Levin, Mr. Craig, and Mr. 
        Graham):
  S. 1503. A bill to extend and amend the Promoting Safe and Stable 
Families Program under subpart 2 of part B of title IV of the Social 
Security Act, to provide the Secretary of Health and Human Services 
with new authority to support programs mentoring children of 
incarcerated parents to amend the Foster Care Independent Living 
Program under part E of title IV of the Social Security Act to provide 
for educational and training vouchers for youths aging out of foster 
care, and for other purposes; to the Committee on Finance.
  Mr. ROCKEFELLER. Mr. President, I am proud to join with Senators 
DeWine Landrieu, Snowe, Breaux, Bond, and Levin to introduce bipartisan 
legislation which includes President Bush's initiative to reauthorize 
and increase funding for the Promoting Safe and Stable Families 
Program. The President's initiative increases funding to help abused 
and neglected children by $200 million. He knows this group of 
vulnerable children deserves our attention, even in this most 
challenging of times in American history. These children face their own 
form of terror in their own homes, at the hands of their own parents. 
It is a horrible circumstance that we know something about how to 
address--and address it we must.
  Our legislation also includes the President's initiative to start a 
new program to provide mentoring services to the more than 2 million 
children whose parents are in prison. These children are at high-risk 
and they too, deserve our support.
  This bill includes the President's initiative to provide $5,000 in 
education vouchers to teens who age out of foster care so they have 
incentives to continue their education. This final program suggested by 
President Bush means a great deal to me because in 1999, I worked 
closely with the late Senator John Chafee to develop a new program to 
help teenagers from the foster care system. Senator Chafee passed away 
that fall, but I was proud to work with a bipartisan group to enact the 
foster care legislation that meant so much to him. It is one important 
piece of Senator John Chafee's remarkable legacy of leadership for 
children and families.
  Senator DeWine and I added a small, but important provision to help 
adoption agencies, like Catholic Charities and others, finding 
permanent homes for children with special needs. On January 23, 2001, 
the U.S. Department of Health and Human Services issued a new policy 
announcement which changed current practice for children with special 
needs. We need a legislative clarification to ensure that children with 
special needs who are voluntarily relinquished to private, non-profit 
adoption agencies can still receive the adoption assistance they need 
and deserve.
  In the Senate, there is a long, strong tradition of bipartisanship on 
child welfare issues. Over recent years we have made real progress. In 
1993, working with Senator Bond and others we created a new program to 
invest in prevention and treatment. In 1997, another bipartisan group 
worked long and hard on the Adoption and Safe Families Act. This act 
significantly revised child welfare policy. It said for the first time 
in Federal law that a child's safety and health are paramount, and 
every child deserve a safe, permanent home. In this act, thanks to the 
leadership of Senator DeWine we clarified ``reasonable efforts'' to 
focus more concern and attention on the needs of the child.
  The Promoting Safe and Stable Families Act was part of that historic 
agreement, and it must be reauthorized this year or we will lose the 
funding that exists in the budget baseline, and, more importantly, 
children and families will lose needed services and support. The Safe 
and Stable Families Program provides a range of services including 
promoting adoptions and post-adoption support, family support to avoid 
placements and neglect, family preservation, and time-limited 
reunification for children who return home from foster care. Each is a 
necessary piece. This program is one of the major funding resources for 
adoption.
  Almost daily and far too often we read tragic stories about abuse and 
neglect in our newspapers. Such reports are disturbing and 
disheartening. But the untold story is the progress that is being made 
thanks to new policy and new investments which is why I believe so 
strongly that we must continue those investments and progress by 
enacting the President's initiative.
  In 1996, 28,000 children were adopted from the foster care system. In 
2000, nearly 50,000 were adopted from foster care.
  I am proud to report that my State of West Virginia is one of many 
States that is increasing the number of adoptions. But almost 100,000 
children nationwide are still waiting for adoption which is why the 
increase in Safe and Stable Families is crucial. With the $200 million 
increase included in our legislation, we will make the commitment to 
invest a minimum of $100 million in adoption promotion and the adoption 
support.
  Victimization rates are slowly declining. In 1993, the children 
victimization rate was 15.3 per 1,000 children. In 1999, the child 
victimization rate was 11.8 per 1,000 children. The 1999 rate is the 
lowest rate since we started collecting this data in 1990.
  In some States within a year or two, there will be more children 
receiving adoption assistance and subsidized guardianship payments than 
in the foster care system, and that is a major shift and historic 
progress towards the fundamental goal of permanency for vulnerable 
children.
  These are encouraging trends, but there are still 581,000l children 
in foster care and about one million substantiated cases of abuse or 
neglect each year. We are making progress, but we should and must do 
more for the most vulnerable children in our country.
  Since September 11, 2001, our world has changed. We face new 
challenges

[[Page 18736]]

for recovery, national security and combating terrorism. We must focus 
on this immediate threat, but we also must remember those vulnerable 
children who are at risk of abuse and neglect in their own homes. The 
Senate has a long tradition of working hard, and doing the right thing, 
usually as one of the last orders of business to help such children. I 
urge my colleagues to join me in supporting President Bush's 
initiative. Delivering on this promise truly will help ensure that no 
children is left behind as the President eloquently insisted in his 
campaign and in his State of the Union address.
  Remembering our commitment to vulnerable children is one clear way to 
emphasize how our country is unique and strong. In the midst of 
challenge and terror, we should remember our youngest victims, too. Mr. 
President, I ask unanimous consent that the text of the bill be printed 
in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1503

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

     SECTION 1. SHORT TITLE; REFERENCES IN ACT; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Promoting 
     Safe and Stable Families Amendments Act of 2001''.
       (b) References in Act.--Except as otherwise specifically 
     provided, whenever in this Act an amendment is expressed in 
     terms of an amendment to or repeal of a section or other 
     provision, the reference shall be considered to be made to 
     that section or other provision of the Social Security Act.
       (c) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; references in act; table of contents.

              TITLE I--PROMOTING SAFE AND STABLE FAMILIES

  Subtitle A--Grants to States for Promoting Safe and Stable Families

Sec. 101. Findings and purpose.
Sec. 102. Definition of family support services.
Sec. 103. Reallotments.
Sec. 104. Payments to States.
Sec. 105. Evaluations.
Sec. 106. Authorization of appropriations; reservation of certain 
              amounts.
Sec. 107. State court improvements.

         Subtitle B--Mentoring Children of Incarcerated Parents

Sec. 121. Grants for programs for mentoring children of incarcerated 
              parents.

   TITLE II--FOSTER CARE, ADOPTION ASSISTANCE, AND INDEPENDENT LIVING

Sec. 201. Elimination of opt-out provision for State requirement to 
              conduct criminal background check on prospective foster 
              or adoptive parents.
Sec. 202. Eligibility for adoption assistance payment of special needs 
              children voluntarily relinquished to private nonprofit 
              agencies.
Sec. 203. Educational and training vouchers for youths aging out of 
              foster care.

                       TITLE III--EFFECTIVE DATES

Sec. 301. Effective dates.

              TITLE I--PROMOTING SAFE AND STABLE FAMILIES

  Subtitle A--Grants to States for Promoting Safe and Stable Families

     SEC. 101. FINDINGS AND PURPOSE.

       Section 430 (42 U.S.C. 629) is amended to read as follows:

     ``SEC. 430. FINDINGS AND PURPOSE.

       ``(a) Findings.--Congress finds that there is a continuing 
     urgent need to protect children and to strengthen families as 
     demonstrated by the following:
       ``(1) Family support programs directed at specific 
     vulnerable populations have had positive effects on parents 
     and children. The vulnerable populations for which programs 
     have been shown to be effective include teenage mothers with 
     very young children and families that have children with 
     special needs.
       ``(2) Family preservation programs have been shown to 
     provide extensive and intensive services to families in 
     crisis.
       ``(3) The time lines established by the Adoption and Safe 
     Families Act of 1997 have made the prompt availability of 
     services to address family problems (and in particular the 
     prompt availability of appropriate services and treatment 
     addressing substance abuse) an important factor in successful 
     family reunification.
       ``(4) The rapid increases in the annual number of adoptions 
     since the enactment of the Adoption and Safe Families Act of 
     1997 have created a growing need for post-adoption services 
     and for service providers with the particular knowledge and 
     skills required to address the unique issues adoptive 
     families and children may face.
       ``(b) Purpose.--The purpose of this program is to enable 
     States to develop and establish, or expand, and to operate 
     coordinated programs of community-based family support 
     services, family preservation services, time-limited family 
     reunification services, and adoption promotion and support 
     services to accomplish the following objectives:
       ``(1) To prevent child maltreatment among families at risk 
     through the provision of supportive family services.
       ``(2) To assure children's safety within the home and 
     preserve intact families in which children have been 
     maltreated, when the family's problems can be addressed 
     effectively.
       ``(3) To address the problems of families whose children 
     have been placed in foster care so that reunification may 
     occur in a safe and stable manner in accordance with the 
     requirements of the Adoption and Safe Families Act of 1997.
       ``(4) To support adoptive families by providing support 
     services as necessary so that the families can make a 
     lifetime commitment to their children.''.

     SEC. 102. DEFINITION OF FAMILY SUPPORT SERVICES.

       Section 431(a)(2) (42 U.S.C. 629a(a)(2)) is amended by 
     inserting ``to strengthen parental relationships and promote 
     healthy marriages,'' after ``environment,''.

     SEC. 103. REALLOTMENTS.

       Section 433 (42 U.S.C. 629c) is amended by adding at the 
     end the following new subsection:
       ``(d) Reallotments.--The amount of any allotment to a State 
     under this section for any fiscal year that the State 
     certifies to the Secretary will not be required for carrying 
     out the State plan under section 432 shall be available for 
     reallotment for such fiscal year using the allotment 
     methodology specified in this section. Any amount so 
     reallotted to a State shall be deemed part of that State's 
     allotment under this section for that fiscal year.''.

     SEC. 104. PAYMENTS TO STATES.

       (a) In General.--Section 434(a) (42 U.S.C. 629d(a)) is 
     amended--
       (1) by striking paragraph (2);
       (2) by striking all that precedes subparagraph (A) and 
     inserting the following:
       ``(a) Entitlement.--Each State that has a plan approved 
     under section 432 shall be entitled to payment of the lesser 
     of--''; and
       (3) by redesignating subparagraphs (A) and (B) as 
     paragraphs (1) and (2), respectively, and by adjusting the 
     left margins accordingly.
       (b) Conforming Amendments.--Section 434(b) (42 U.S.C. 
     629d(b)) is amended--
       (1) in paragraph (1)--
       (A) by striking ``paragraph (1) or (2)(B) of''; and
       (B) by striking ``described in this subpart'' and inserting 
     ``under the State plan under section 432''; and
       (2) in paragraph (2), by striking ``subsection (a)(1)'' and 
     inserting ``subsection (a)''.

     SEC. 105. EVALUATIONS.

       Section 435 (42 U.S.C. 629e) is amended--
       (1) in the heading, by inserting ``; research; technical 
     assistance'' before the period; and
       (2) by adding at the end the following new subsections:
       ``(c) Research.--The Secretary shall give priority 
     consideration to the following topics for research and 
     evaluation under this subsection, using rigorous evaluation 
     methodologies where feasible:
       ``(1) Promising program models in the service categories 
     specified in section 430(b), particularly time-limited 
     reunification services and post-adoption services.
       ``(2) Multidisciplinary service models designed to address 
     parental substance abuse and to reduce the impact of such 
     abuse on children.
       ``(3) The efficacy of approaches directed at families with 
     specific problems and with children of specific age ranges.
       ``(4) The outcomes of adoptions finalized after enactment 
     of the Adoption and Safe Families Act of 1997.
       ``(d) Technical Assistance.--The Secretary shall provide 
     technical assistance that helps States to--
       ``(1) identify families with specific risk characteristics 
     for intervention;
       ``(2) develop treatment models that address the needs of 
     families at risk, particularly families with substance abuse 
     issues;
       ``(3) implement programs with well articulated theories of 
     how the intervention will result in desired changes among 
     families at risk;
       ``(4) establish mechanisms to ensure that service provision 
     matches the treatment model; and
       ``(5) establish mechanisms to ensure that post-adoption 
     services meet the needs of the individual families and 
     develop models to reduce the disruption rates of adoption.''.

     SEC. 106. AUTHORIZATION OF APPROPRIATIONS; RESERVATION OF 
                   CERTAIN AMOUNTS.

       (a) In General.--Subpart 2 of part B of title IV (42 U.S.C. 
     629 et seq.) is amended by adding at the end the following 
     new section:

[[Page 18737]]



     ``SEC. 436. AUTHORIZATION OF APPROPRIATIONS; RESERVATION OF 
                   CERTAIN AMOUNTS.

       ``(a) Authorization.--There are authorized to be 
     appropriated to carry out the provisions of this subpart 
     (other than section 438) $505,000,000 for each of fiscal 
     years 2002 through 2006.
       ``(b) Reservation of Certain Amounts.--From the amount 
     specified for each fiscal year under subsection (a), the 
     Secretary shall reserve amounts for use as follows:
       ``(1) Evaluation, research, training, and technical 
     assistance.--The Secretary shall reserve $15,000,000 for 
     fiscal year 2002, and $20,000,000 for each of fiscal years 
     2003 through 2006, for expenditure by the Secretary--
       ``(A) for research, training, and technical assistance 
     costs related to the program under this subpart (other than 
     section 438), including expenditures for research of not less 
     than $9,000,000 for fiscal year 2002, and not less than 
     $14,000,000 for each of fiscal years 2003 through 2006; and
       ``(B) for evaluation of State programs based on the plans 
     approved under section 432 and funded under this subpart, and 
     any other Federal, State, or local program, regardless of 
     whether federally assisted, that is designed to achieve the 
     same purposes as such State programs.
       ``(2) State court improvements.--The Secretary shall 
     reserve $20,000,000 for grants under section 437.
       ``(3) Indian tribes.--The Secretary shall reserve 2 percent 
     for allotment to Indian tribes in accordance with section 
     433(a).''.
       (b) Conforming Amendments.--Section 433 is amended--
       (1) in subsection (a), by striking ``section 430(d)(3)'' 
     and inserting ``section 436(b)(3)'';
       (2) in subsection (b)--
       (A) by striking ``section 430(b)'' and inserting ``section 
     436(a)''; and
       (B) by striking ``section 430(d)'' and inserting ``section 
     436(b)''; and
       (3) in subsection (c)--
       (A) by striking ``section 430(b)'' and inserting ``section 
     436(a)''; and
       (B) by striking ``section 430(d)'' and inserting ``section 
     436(b)''.

     SEC. 107. STATE COURT IMPROVEMENTS.

       (a) Relocation and Redesignation.--
       (1) In general.--Section 13712 of the Omnibus Budget 
     Reconciliation Act of 1993 (42 U.S.C. 670 note) is relocated 
     and redesignated as section 437 of the Social Security Act.
       (2) Conforming amendments.--Section 437, as relocated and 
     redesignated under paragraph (1), is amended--
       (A) in subsection (a)--
       (i) in the matter preceding paragraph (1), by striking ``of 
     title IV of the Social Security Act''; and
       (ii) in paragraph (1)(A), by striking ``of title IV of such 
     Act''; and
       (B) in subsection (c)(2), by striking ``section 430(d)(2) 
     of the Social Security Act'' and inserting ``section 
     436(b)(2)''.
       (b) Scope of Activities.--
       (1) Section 437(a)(2) (as so relocated and redesignated) is 
     amended--
       (A) by striking ``changes'' and inserting ``improvements''; 
     and
       (B) by inserting before the period ``in order to promote 
     more timely court actions that provide for the safety of 
     children in foster care and expedite the placement of such 
     children in appropriate permanent settings''.
       (2) Section 437(c)(1) (as so relocated and redesignated) is 
     amended in the matter preceding subparagraph (A) by inserting 
     ``and improvement'' after ``assessment''.
       (c) Allotments.--Section 437(c)(1) (as so relocated and 
     redesignated) is amended by striking all that follows ``shall 
     be entitled to payment,'' and inserting ``for each of fiscal 
     years 2002 through 2006, from amounts reserved pursuant to 
     section 436(b)(2), of an amount equal to the sum of $85,000 
     plus the amount described in paragraph (2) for such fiscal 
     year.''.
       (d) Federal Share.--Section 437(d) (as so relocated and 
     redesignated) is amended--
       (1) by striking the heading and inserting ``Federal 
     Share.--''; and
       (2) by striking ``to pay--'' and all that follows and 
     inserting ``to pay not more than 75 percent of the cost of 
     activities under this section in each of fiscal years 2002 
     through 2006.''.

         Subtitle B--Mentoring Children of Incarcerated Parents

     SEC. 121. GRANTS FOR PROGRAMS FOR MENTORING CHILDREN OF 
                   INCARCERATED PARENTS.

       Subpart 2 of part B of title IV (42 U.S.C. 629 et seq.), as 
     amended by sections 106 and 107, is amended by adding at the 
     end the following new section:

     ``SEC. 438. GRANTS FOR PROGRAMS FOR MENTORING CHILDREN OF 
                   INCARCERATED PARENTS.

       ``(a) Findings and Purpose.--
       ``(1) Findings.--Congress makes the following findings:
       ``(A) In the period between 1991 and 1999, the number of 
     children with a parent incarcerated in a Federal or State 
     correctional facility increased by more than 100 percent, 
     from approximately 900,000 to approximately 2,000,000. In 
     1999, 2.1 percent of all children in the United States had a 
     parent in a Federal or State correctional facility.
       ``(B) Prior to incarceration, 64 percent of female 
     prisoners and 44 percent of male prisoners in State 
     facilities lived with their children.
       ``(C) Nearly 90 percent of the children of incarcerated 
     fathers live with their mothers, and 79 percent of the 
     children of incarcerated mothers live with a grandparent or 
     other relative. Only 10 percent of incarcerated mothers and 2 
     percent of incarcerated fathers in State facilities report 
     that their child or children are in foster care.
       ``(D) Parental arrest and confinement lead to stress, 
     trauma, stigmatization, and separation problems for children. 
     These problems are coupled with existing problems that 
     include poverty, violence, parental substance abuse, high-
     crime environments, intrafamilial abuse, child abuse and 
     neglect, multiple care givers, or prior separations. As a 
     result, children of an incarcerated parent often exhibit a 
     broad variety of behavioral, emotional, health, and 
     educational problems that are often compounded by the pain of 
     separation.
       ``(E) Empirical research demonstrates that mentoring is a 
     potent force for improving children's behavior across all 
     risk behaviors affecting health. Quality, one-on-one 
     relationships that provide young people with caring role 
     models for future success have profound, life-changing 
     potential. Done right, mentoring markedly advances youths' 
     life prospects. A widely cited 1995 study by Public/Private 
     Ventures measured the impact of one Big Brothers Big Sisters 
     program and found significant effects in the lives of youth--
     cutting first-time drug use by almost half and first-time 
     alcohol use by about a third, reducing school absenteeism by 
     half, cutting assaultive behavior by a third, improving 
     parental and peer relationships, giving youth greater 
     confidence in their school work, and improving academic 
     performance.
       ``(2) Purpose.--The purpose of this section is to authorize 
     the Secretary to make competitive grants to local governments 
     in areas with substantial numbers of children of incarcerated 
     parents to support the establishment or expansion and 
     operation of programs using a network of public and private 
     community entities to provide mentoring services for children 
     of incarcerated parents.
       ``(b) Definitions.--In this section:
       ``(1) Children of incarcerated parents.--The term `children 
     of incarcerated parents' means a child, 1 or both of whose 
     parents are incarcerated in a Federal or State correctional 
     facility. Such term shall be deemed to include any child who 
     is in an ongoing mentoring relationship in a program under 
     this section at the time of the release of the child's parent 
     or parents from a correctional facility, for purposes of 
     continued participation in the program.
       ``(2) Mentoring.--The term `mentoring' means a structured, 
     managed program in which children are appropriately matched 
     with screened and trained adult volunteers for one-on-one 
     relationships, involving meetings and activities on a regular 
     basis, intended to meet, in part, the child's need for 
     involvement with a caring and supportive adult who provides a 
     positive role model.
       ``(3) Mentoring services.--The term `mentoring services' 
     means those services and activities that support a 
     structured, managed program of mentoring, including the 
     management by trained personnel of outreach to, and screening 
     of, eligible children; outreach to, education and training 
     of, and liaison with sponsoring local organizations; 
     screening and training of adult volunteers; matching of 
     children with suitable adult volunteer mentors; support and 
     oversight of the mentoring relationship; and establishment of 
     goals and evaluation of outcomes for mentored children.
       ``(c) Program Authorized.--From the amount appropriated 
     under subsection (g) for a fiscal year that remains after the 
     application of subsection (g)(2), the Secretary shall make 
     grants under this section for each of fiscal years 2002 
     through 2006 to local governments in areas that have 
     significant numbers of children of incarcerated parents and 
     that submit applications meeting the requirements of this 
     section, including--
       ``(1) two-thirds of such amount in grants in amounts of up 
     to $5,000,000 each; and
       ``(2) one-third of such amount in grants in amounts of up 
     to $10,000,000 each.
       ``(d) Application Requirements.--In order to be eligible 
     for a grant under this section, the mayor or other chief 
     executive officer of a city, council of governments, or other 
     unit of local government shall submit to the Secretary an 
     application containing the following:
       ``(1) Program design.--A description of the proposed local 
     program, including--
       ``(A) a list of local public and private organizations and 
     entities that will participate in the mentoring network;
       ``(B) the name, description, and qualifications of the 
     entity that will coordinate and oversee the activities of the 
     mentoring network;
       ``(C) the number of mentor-child matches proposed to be 
     established and maintained annually under the program;
       ``(D) such information as the Secretary may require 
     concerning the methods to be used to recruit, screen support, 
     and oversee individuals participating as mentors (which 
     methods shall include criminal background checks on such 
     individuals), and to evaluate outcomes for participating 
     children, including information necessary to demonstrate

[[Page 18738]]

     compliance with requirements established by the Secretary for 
     the program; and
       ``(E) such other information as the Secretary may require.
       ``(2) Community consultation; coordination with other 
     programs.--A demonstration that, in developing and 
     implementing the program, the local government will, to the 
     extent feasible and appropriate--
       ``(A) consult with public and private community entities, 
     including religious organizations, and including, as 
     appropriate, Indian tribal organizations and urban Indian 
     organizations, and with family members of potential clients;
       ``(B) coordinate the programs and activities under the 
     program with other Federal, State, and local programs serving 
     children and youth; and
       ``(C) consult with appropriate Federal, State, and local 
     corrections, workforce development, and substance abuse and 
     mental health agencies.
       ``(3) Equal access for local service providers.--An 
     assurance that public and private entities and community 
     organizations, including religious organizations and Indian 
     organizations, will be eligible to participate in the program 
     on an equal basis.
       ``(4) Supplementation assurance.--An assurance that Federal 
     funds provided to the local government under this section 
     will not be used to supplant Federal or non-Federal funds for 
     existing services and activities that promote the purpose of 
     this section.
       ``(5) Biennial program report.--An agreement that the local 
     government will submit to the Secretary, after the second 
     year of funding of a program under this section and every 
     second year thereafter, a report containing the following:
       ``(A) A description of the grant requirements used by the 
     local government to award grant funds.
       ``(B) The measurable goals and outcomes expected by the 
     programs receiving assistance under the local government 
     program (and in later reports, the extent to which such goals 
     and outcomes were achieved).
       ``(C) A description of the services provided by programs 
     receiving assistance under the local government program.
       ``(D) The number of children and families served.
       ``(E) Such other such information as the Secretary may 
     require.
       ``(6) Records, reports, and audits.--An agreement that the 
     local government will maintain such records, make such 
     reports, and cooperate with such reviews or audits as the 
     Secretary may find necessary for purposes of oversight of 
     project activities and expenditures.
       ``(7) Evaluation.--An agreement that the local government 
     will cooperate fully with the Secretary's ongoing and final 
     evaluation of the program under the plan, by means including 
     providing the Secretary with access to the program and 
     program-related records and documents, staff, and grantees 
     receiving funding under the plan.
       ``(8) Extent of local-state cooperation.--A statement as to 
     whether, and the extent to which, the State government has 
     undertaken to provide support to and to cooperate with the 
     local program.
       ``(e) Federal Share.--
       ``(1) In general.--A grant for a program under this section 
     shall be available to pay a percentage share of the costs of 
     the program up to--
       ``(A) 80 percent for the first fiscal year for which the 
     grant is awarded;
       ``(B) 60 percent for the second such fiscal year;
       ``(C) 40 percent for the third such fiscal year; and
       ``(D) 20 percent for each succeeding fiscal year.
       ``(2) Non-federal share.--The non-Federal share of the cost 
     of projects under this section may be in cash or in kind. In 
     determining the amount of the non-Federal share, the 
     Secretary may attribute fair market value to goods, services, 
     and facilities contributed from non-Federal sources.
       ``(f) Considerations in Awarding Grants.--In awarding 
     grants under this section, the Secretary shall take into 
     consideration--
       ``(1) the experience, qualifications, and capacity of local 
     governments and networks of organizations to effectively 
     carry out a mentoring program under this section;
       ``(2) the comparative severity of need for mentoring 
     services in given local areas, taking into consideration data 
     on the numbers of children (and in particular of low-income 
     children) with an incarcerated parent (or parents) in such 
     areas;
       ``(3) whether, and the extent to which, the State 
     government has undertaken to support and cooperate with the 
     local mentoring program;
       ``(4) evidence of consultation with existing youth and 
     family service programs, as appropriate; and
       ``(5) any other factors the Secretary may deem significant 
     with respect to the need for or the potential success of 
     carrying out a mentoring program under this section.
       ``(g) Authorization of Appropriations; Reservation of 
     Certain Amounts.--
       ``(1) Authorization.--There are authorized to be 
     appropriated to carry out this section--
       ``(A) $67,000,000 for fiscal year 2002; and
       ``(B) such sums as may be necessary for each of fiscal 
     years 2003 through 2006.
       ``(2) Reservation.--The Secretary shall reserve 2.5 percent 
     of the amount appropriated for each fiscal year under 
     paragraph (1) for expenditure by the Secretary for research, 
     technical assistance, and evaluation related to programs 
     carried out under this section.''.

   TITLE II--FOSTER CARE, ADOPTION ASSISTANCE, AND INDEPENDENT LIVING

     SEC. 201. ELIMINATION OF OPT-OUT PROVISION FOR STATE 
                   REQUIREMENT TO CONDUCT CRIMINAL BACKGROUND 
                   CHECK ON PROSPECTIVE FOSTER OR ADOPTIVE 
                   PARENTS.

       Section 471(a)(20) (42 U.S.C. 671(a)(20) is amended--
       (1) in subparagraph (A), by striking ``and'' at the end;
       (2) by striking ``(A) unless an election provided for in 
     subparagraph (B) is made with respect to the State,'';
       (3) by striking subparagraph (B);
       (4) by striking ``(i)'' and inserting ``(A)''; and
       (5) by striking ``(ii)'' and inserting ``(B)''.

     SEC. 202. ELIGIBILITY FOR ADOPTION ASSISTANCE PAYMENT OF 
                   SPECIAL NEEDS CHILDREN VOLUNTARILY RELINQUISHED 
                   TO PRIVATE NONPROFIT AGENCIES.

       Section 473(a)(2) (42 U.S.C. 673(a)(2)) is amended--
       (1) in subparagraph (A)(i), by striking ``either pursuant'' 
     and all that follows through ``July 16, 1996))'' and 
     inserting ``pursuant to a voluntary relinquishment to, or a 
     voluntary placement agreement with, a public or nonprofit 
     private agency,''; and
       (2) in subparagraph (B)(i), by striking ``agreement was 
     entered into'' and inserting ``relinquishment occurred, 
     agreement was entered into,''.

     SEC. 203. EDUCATIONAL AND TRAINING VOUCHERS FOR YOUTHS AGING 
                   OUT OF FOSTER CARE.

       (a) Purpose.--Section 477(a) (42 U.S.C. 677(a)) is 
     amended--
       (1) by striking ``and'' at the end of paragraph (4);
       (2) by striking the period at the end of paragraph (5) and 
     inserting ``; and''; and
       (3) by adding at the end the following new paragraph:
       ``(6) to make available vouchers for education and 
     training, including postsecondary training and education, to 
     youths who have aged out of foster care.''.
       (b) Educational and Training Vouchers.--Section 477 (42 
     U.S.C. 677) is amended by adding at the end the following new 
     subsection:
       ``(i) Educational and Training Vouchers.--The following 
     conditions shall apply to a State educational and training 
     voucher program under this section:
       ``(1) Vouchers under the program shall be available to 
     youths otherwise eligible for services under the State 
     program under this section.
       ``(2) For purposes of the voucher program, youths adopted 
     from foster care after attaining age 16 shall be considered 
     to be youths otherwise eligible for services under the State 
     program under this section.
       ``(3) A youth participating in the voucher program on the 
     date the youth attains age 21 shall remain eligible until the 
     youth attains age 23, as long as the youth is enrolled in a 
     full-time postsecondary education or training program and is 
     making satisfactory progress toward completion of that 
     program.
       ``(4) The voucher or vouchers provided for an individual 
     under this section--
       ``(A) shall be available for the cost of attendance at an 
     institution of higher education, as defined in section 102 of 
     the Higher Education Act of 1965; and
       ``(B) shall not exceed the lesser of $5,000 per year or the 
     total cost of attendance, as defined in section 472 of that 
     Act.
       ``(5)(A) Subject to subparagraphs (B) and (C), the amount 
     of a voucher under this section shall be disregarded for 
     purposes of determining the recipient's eligibility for, or 
     the amount of, any other Federal or federally supported 
     assistance.
       ``(B) The total amount of educational assistance to a youth 
     under this section and under other Federal and federally 
     supported programs shall not exceed the total cost of 
     attendance, as defined in section 472 of the Higher Education 
     Act of 1965.
       ``(C) The State agency shall take appropriate steps to 
     prevent duplication of benefits under this and other Federal 
     or federally supported programs.
       ``(6) The program shall be coordinated with other 
     appropriate education and training programs.''.
       (c) Certification.--Section 477(b)(3) (42 U.S.C. 677(b)(3)) 
     is amended by adding at the end the following new 
     subparagraph:
       ``(J) A certification by the chief executive officer of the 
     State that the State educational and training voucher program 
     under this section is in compliance with the conditions 
     specified in subsection (i), including a statement describing 
     methods the State will use--
       ``(i) to ensure that the total amount of educational 
     assistance to a youth under this section and under other 
     Federal and federally supported programs does not exceed the 
     limitation specified in subsection (i)(5)(B); and

[[Page 18739]]

       ``(ii) to avoid duplication of benefits under this and any 
     other Federal or federally supported benefit program in 
     accordance with subsection (i)(5)(C).''.
       (d) Increased Authorizations of Appropriations.--Section 
     477(h) (42 U.S.C. 677(h)) is amended by striking ``there are 
     authorized'' and all that follows and inserting the 
     following: ``there are authorized to be appropriated to the 
     Secretary for each fiscal year--
       ``(1) $140,000,000, which shall be available for all 
     purposes under this section; and
       ``(2) an additional $60,000,000, which shall be available 
     for payments to States for education and training vouchers 
     for youths who age out of foster care, to assist such youths 
     to develop skills necessary to lead independent and 
     productive lives.''.
       (e) Allotments to States.--Section 477(c) (42 U.S.C. 
     677(c)) is amended--
       (1) in paragraph (1)--
       (A) by striking ``(1) In general.--From the amount 
     specified in subsection (h)'' and inserting ``(1) General 
     program allotment.--From the amount specified in subsection 
     (h)(1)''; and
       (B) by striking ``which bears the same ratio and all that 
     follows through the period'' and inserting ``which bears the 
     ratio equal to the State foster care ratio, as adjusted in 
     accordance with paragraph (2).''; and
       (2) by adding at the end the following new paragraphs:
       ``(3) Voucher program allotment.--From the amount specified 
     in subsection (h)(2) for a fiscal year, the Secretary shall 
     allot to each State with an application approved under 
     subsection (b) for the fiscal year the amount that bears the 
     ratio to such amount equal to the State foster care ratio.
       ``(4) State foster care ratio.--In this subsection, the 
     term `State foster care ratio' means the ratio of the number 
     of children in foster care in the State in the most recent 
     fiscal year for which such information is available to the 
     total number of children in foster care in all States for 
     such most recent fiscal year.''.
       (f) Payments to States.--Section 474(a)(4) (42 U.S.C. 
     674(a)(4)) is amended to read as follows:
       ``(4) an amount equal to--
       ``(A) with respect to amounts for expenditures in 
     accordance with the State application approved under section 
     477(b) (including any amounts expended in accordance with an 
     amendment that meets the requirements of section 477(b)(5)), 
     the sum of--
       ``(i) the lesser of--

       ``(I) 80 percent of the amounts expended by the State 
     during the quarter to carry out programs for the purposes 
     described in subsection (h)(1); or
       ``(II) the amount allotted to the State under section 
     477(c)(1) for the fiscal year in which the quarter occurs, 
     reduced by the total of the amounts payable to the State 
     under this paragraph for such purposes for all prior quarters 
     in the fiscal year; and

       ``(ii) the lesser of--

       ``(I) 80 percent of the amounts expended by the State 
     during the quarter to carry out programs for the purposes 
     described in subsection (h)(2); or
       ``(II) the amount allotted to the State under section 
     477(c)(3) for the fiscal year in which the quarter occurs, 
     reduced by the total of the amounts payable to the State 
     under this paragraph for such purposes for all prior quarters 
     in the fiscal year;

     reduced by
       ``(B) the total amount of any penalties assessed against 
     the State under section 477(e) for such fiscal year.''.

                       TITLE III--EFFECTIVE DATES

     SEC. 301. EFFECTIVE DATES.

       (a) In General.--Subject to subsections (b), (c), and (d), 
     the amendments made by this Act take effect October 1, 2001.
       (b) Elimination of Opt-Out Provision for Criminal 
     Background Checks.--Subject to subsection (d), the amendments 
     made by section 201 take effect on the date of enactment of 
     this Act.
       (c) Eligibility for Adoption Assistance Payment of Special 
     Needs Children Voluntarily Relinquished to Private Nonprofit 
     Agencies.--Subject to subsection (d), the amendments made by 
     section 202 shall be effective with respect to children 
     voluntarily relinquished to, or the subject of a voluntary 
     placement agreement with, a public or nonprofit private 
     agency on or after the date that is 90 days after the date of 
     enactment of this Act.
       (d) Delay Permitted if State Legislation Required.--In the 
     case of a State plan under subpart 2 of part B or part E of 
     the Social Security Act (42 U.S.C. 629 et seq.; 670 et seq.) 
     that the Secretary of Health and Human Services determines 
     requires State legislation (other than legislation 
     appropriating funds) in order for the plan to meet the 
     additional requirements imposed by the amendments made by 
     this Act, the State plan shall not be regarded as failing to 
     comply with the requirements of such subpart or part solely 
     on the basis of the failure of the plan to meet such 
     additional requirements before the first day of the first 
     calendar quarter beginning after the close of the first 
     regular session of the State legislature that begins after 
     the date of enactment of this Act. For purposes of the 
     previous sentence, in the case of a State that has a 2-year 
     legislative session, each year of such session shall be 
     deemed to be a separate regular session of the State 
     legislature.

  Mr. DeWINE. Mr. President, I rise today with my friend and colleague, 
Senator Rockefeller, to introduce the ``Promoting Safe and Stable 
Families'' bill. This legislation reauthorizes four programs designed 
to help child welfare agencies establish and maintain permanency by 
providing grants to States and Indian tribes. The bill also includes 
programs that the President has proposed, which have my utmost support, 
as well as a technical correction that Senator Rockefeller and I have 
proposed to ensure that special needs children continue to be eligible 
for adoption assistance.
  It would be impossible for me to talk about the challenges facing 
children and the agencies dedicated to protecting them, without saying 
a few brief words about the recent terrorist bombings in New York and 
Washington. Following those tragic events, we awoke to a whole new 
world, a world forever changed by a faceless, cowardly band of 
terrorists, a world filled with sorrow at the senseless, needless 
injury and loss of countless members of our American family.
  Though it is going to take time to eradicate the terrorist enemy, I 
am confident that our efforts will bring about peace and security both 
here at home and across that globe. Ultimately, our efforts to protect 
the Nation is about the future of our children and grandchildren. And 
so, we must do all we can to protect them and give them a world that is 
safe and secure.
  In creating that kind of a world, we have to realize that there are 
thousands of children in this Nation right now who don't live in safe 
and secure environments, children who have only one parent or no 
parents at all, as sadly is now the case for many of the children who 
lost parents in the terrorist attacks.
  Far too many children in our country are at risk, not because of the 
terrorist threat, but because they are neglected or abused by parents 
or because they are trapped in the legal limbo that is our child 
welfare system. Because of this, we have an obligation to these 
children. We have an obligation to protect these innocent lives.
  With the bill we are introducing today, we are taking a big step 
toward meeting that obligation. By reauthorizing and improving the Safe 
and Stable Families program, we can help strengthen families and ensure 
the safety of vulnerable children. The funding provided to the States 
through this legislation is used for four categories of services: 
family preservation, community-based family support, time-limited 
family reunification, and adoption promotion and support. These 
services are designed to prevent child abuse and neglect in communities 
at risk, avoid the removal of children from their homes, and support 
timely reunification or adoption.
  Our bill reauthorizes the only program that provides funding for 
post-adoption services. With a 30-percent increase in the number of 
adoptions since the implementation of the Adoption and Safe Families 
Act, funding for adoption promotion and support services is especially 
vital. These services are necessary to ensure that adoptions are not 
disrupted, which risks further traumatizing a child.
  Our bill also amends the Foster Care Independent Living Program to 
extend the eligibility age from 21 to 23, so that children aging out of 
foster care can qualify for educational and training vouchers. 
Currently, too many of the 16,000 children youth who age out of foster 
care are not able to pursue educational or vocational training because 
they just don't have the money. This provision helps these young people 
get the education and career training they need and deserve.
  The bill doubles the funding for the Court Improvement Program, CIP, 
and reauthorizes it through 2006. The CIP program provides grants to 
the States to develop a system of more timely court actions that 
provides for the safety of children in foster care and expedites the 
placement of such children in appropriate permanent settings.

[[Page 18740]]

This money helps ensure that state courts have the resources necessary 
to stay in compliance with the Adoption and Safe Families Act. In my 
own home State of Ohio, this money has been used to develop and 
implement an attorney certification program in family law. 
Additionally, the CIP money has been used to implement the Court 
Appointed Special Advocate, CASA, program throughout Ohio and to 
implement five pilot programs that uniquely address family law issues.
  Also, Senator Rockefeller and I have added a technical correction to 
the bill that would clarify how Adoption Assistance Payments are 
distributed. Prior to January 23, 2001, title IV-E Adoption Assistance 
Payments were available to parents adopting children who met three 
special needs criteria, regardless of whether a child was placed by a 
private agency or the State foster care system. Unfortunately, some 
private agencies were using only one of the three special needs 
criteria to access payments for these adoptive families.
  The January 23rd Adoption Assistance decision draws a distinction 
between private and State foster care systems to prevent the misuse of 
funds. However, the decision has had the unintended consequence of 
adversely affecting agencies like Catholic Charities and their ability 
to provide adoptive families with payments. Our correction focuses on 
the children, not the placement agency, by making special needs 
children adopted through voluntary relinquishment eligible for adoption 
assistance payments.
  I am particularly pleased with some of the President's new 
initiatives authorized in our bill. For example, the President has 
proposed that the Department of Health and Human Services be authorized 
to provide competitive grants to support mentoring programs for 
children of incarcerated parents. With more than 2 million children 
with incarcerated parents, this program would provide valuable outreach 
to this vulnerable group of children.
  I would like to conclude my remarks by drawing my colleagues' 
attention to a recent Washington Post series on the dire state of the 
District of Columbia's child welfare system. This series outlines 
multiple mistakes made by the Government by placing children in unsafe 
homes or institutions. Unfortunately, these same mistakes occur in the 
child welfare system throughout our country. Here in Washington, these 
mistakes resulted in over 180 deaths of children in foster care since 
1993, 40 of whom died as a direct result of government workers' failure 
to take key preventative actions or because they placed children in 
unsafe homes or institutions.
  The bill we are introducing today will help make sure that these 
kinds of mistakes are never repeated. The Senate has a tradition of 
helping our most vulnerable children, and so I urge my colleagues to 
join us in supporting the Reauthorization of Promoting Safe and Stable 
Families. It is the right thing to do.
                                 ______
                                 
      By Mr. DORGAN (for himself and Mr. Breaux):
  S. 1504. A bill to extend the moratorium enacted by the Internet Tax 
Freedom Act through June 30, 2002; to the Committee on Commerce, 
Science, and Transportation.
  Mr. DORGAN. Mr. President, I am going to introduce legislation today 
on behalf of myself, Senator Breaux from Louisiana, and Senator 
Hutchison from Texas dealing with the extension of the moratorium on 
Internet taxation. Let me describe what that is and what it means.
  We already have in law a provision that provides a moratorium on the 
taxation of the Internet as it is called, but it really provides a 
moratorium on a State government's or a local government's ability to 
provide a tax on the access to the Internet. There is a moratorium. 
That moratorium expires on October 21. Except those few that are 
grandfathered, the moratorium bill not only prohibits State and local 
governments, from imposing a tax on access to the Internet, it also 
prohibits punitive or discriminatory taxes with respect to the 
Internet.
  The Congress passed that legislation a couple of years ago. It was 
designed to expire October 21 of this year. In a few days, it will 
expire, and there are colleagues of mine who have offered in recent 
days extensions of the moratorium. Some are talking 5 years; some are 
talking 2 years. I think both of those are far too long. I propose we 
extend the moratorium until June 30 of next year.
  There is another issue that relates to this, which is why I believe 
there needs to be an extension. We need to solve the problem of tax 
collections with respect to Internet transactions and all transactions 
of remote sales. When you use a computer, or a catalog for that matter, 
to buy a product, when you receive that product, in most cases you are 
supposed to pay a sales or a consumption tax to your local government 
or your State government.
  In point of fact, most people never pay that tax. So the State and 
local governments lose that revenue. The seller, a catalog company or 
an Internet company that is doing business in most of the States, is 
not required to collect that sales tax so the seller does not collect 
it. The person who receives it or orders it and then receives the goods 
does not pay it, even though they are required to, and the State and 
local governments lose a substantial amount of money.
  A recent study from the Institute for State Studies says this year 
the loss will be $13.3 billion for State and local governments, and by 
the year 2011 it is expected State and local governments will lose 
$54.8 billion of expected revenue. Most of this, incidentally, is 
revenue that is essential to school systems around the country. Most of 
this is essential for State and local governments to keep their school 
systems operating and pay for their schools and education programs.
  So State and local governments have a very serious problem. What do 
they do about it? Internet sellers and catalog sellers also have a 
problem. If one is set up in business to sell all across the country, 
but they really have only one location and that is the area where they 
are set up in business, they do not want to have to subscribe to 5,000 
or 7,000 different sales tax jurisdictions. That is far too 
complicated. The remote sellers have a right to say: We don't want to 
have to subscribe and pay taxes and file forms in thousands and 
thousands of different jurisdictions. They are right about that.
  What is to be done? It seems to me there is a requirement for State 
and local governments to simplify their sales tax systems, and when 
they have dramatically simplified those systems so that companies that 
are doing business all across the country can easily comply with the 
requirements--when that happens, when State and local government do 
that--I believe those engaged in remote sales should collect the tax 
and remit it to State and local governments. It will be easy for the 
consumer to have that happen. The tax is already owed. It seems to me 
it will be convenient enough for the seller to do it if the States have 
dramatically simplified their system. And it will finally provide the 
resources the States and local governments have been counting on to 
support their school systems. All of that ought to be done.
  As far as I am concerned, I don't mind extending this moratorium 
forever--6 months, 2 years, 5 years. It doesn't matter to me. We should 
not apply discriminatory taxes. We should not apply punitive taxes to 
Internet transactions. I don't care much about the question of taxing 
access. As far as I'm concerned, we can prevent all State and local 
governments from doing that. It does not matter much to me. Speaking 
for myself, we could make permanent the moratorium. But it should be 
made permanent or should be made a long-term extension only when we 
agree, all of us, that we have another problem attendant to it: the 
problem of the collection and remission of taxes that support our 
school system.
  Let's do both. We have some in the Chamber who say, let's ignore the 
issue of school finance; say that doesn't exist. You cannot do that. 
You cannot cast a blind eye to that problem. It is a problem that is 
serious and growing. Governor Leavitt from Utah sent me a

[[Page 18741]]

note about it along with the study of the Institute for States Studies 
describing this.
  I ask unanimous consent that the report be printed in the Record.
  There being no objection, the report was ordered to be printed in the 
Record, as follows:

                                  Institute for State Studies,

                                 Salt Lake City, UT, Oct. 2, 2001.

  New Study Shows Sales Tax Revenue Losses From E-Commerce 41 Percent 
                     Higher Than Previous Estimates


   States, localities projected to lose $54.8 billion a year by 2011

       Washington.--New figures released here today show that 
     state and local governments will lose $13.3 billion in 
     revenue this year--41 percent higher than previously 
     estimated--because taxes are not paid on remote online 
     purchases as they are on ``Main Street'' purchases. Projected 
     annual revenue losses jump to $45.2 billion in 2006 and a 
     staggering $54.8 billion by 2011 as a result of skyrocketing 
     business-to-business e-commerce activity.
       This continued loss of revenue highlights fairness issues 
     for Main Street retailers, taxpayers and state and local 
     governments. It creates difficult choices for the 45 states 
     and the District of Columbia that rely on sales tax revenue; 
     raise sales, income and/or property tax rates to compensate; 
     cut services like education and public safety; or a 
     combination of both.
       The study was prepared by the Center for Business and 
     Research at the University of Tennessee, the pioneers in 
     research on the subject. Data was collected by Forrester 
     Research, Inc., the recognized leader in e-commerce research. 
     The study was commissioned by the Institute for State 
     Studies, a nonprofit public policy group. The study 
     quantifies the amount of sales tax revenue states and local 
     governments stand to lose in 2001, 2006 and 2011 because 
     remote Internet-based retailers are not required to collect 
     and remit sales tax. The U.S. Congress is currently debating 
     how to address this inequity. The report is available online 
     at www.statestudies.org.
       A broad coalition of retailers, shopping center owners, 
     state and local government leaders and national associations 
     has for some time maintained that current tax policy as it 
     applies to e-commerce isn't fair. They argue that the lack of 
     a ``level playing field'' in collecting sales taxes leads to 
     significant fairness issues for consumers and businesses. It 
     also creates huge revenue losses for states and local 
     governments, affecting their ability to provide citizens with 
     quality education, effective public safety and other basic 
     services. This research supports those assertions.
       For example, Texas will lose $1.2 billion to e-commerce 
     sales tax erosion this year. In Florida, the number is $932.2 
     million. Illinois will lose out on $532.9 million, Michigan 
     will lose $502.9, Tennessee will lose $362.3 million, 
     Maryland, $194.4 million. In the smallest states, the revenue 
     erosion is large as well. Wyoming will lose $26.1 million; 
     Rhode Island, $36.8 million; North Dakota, $26.4 million; and 
     the District of Columbia, $36.7 million.
       In a decade, the revenue losses grow tremendously, 
     according to Donald Bruce, assistant professor at the 
     University of Tennessee and the study's co-author. ``By 2011, 
     the potential revenue loss in Texas alone will be $4.8 
     billion--that's almost 10 percent of the state's total 
     expected tax collections. To make up for this revenue, 
     Texas's current statewide sales tax rate of 6.25 percent 
     would have to rise to 7.86 percent.''
       Historically, states and localities have responded to this 
     erosion in sales tax revenue by raising tax rates, Bruce 
     pointed out. In 1970, the median sales tax rate in the U.S. 
     was 3.25 percent. This rose to 4.0 percent in 1980 and 5.0 
     percent in 1990. Fifteen states now have rates at or above 
     6.0 percent.
       ``We determined that, to make up for revenue losses due to 
     e-commerce, states and local governments would have to raise 
     their sales tax rates between 0.83 and 1.73 percentage points 
     by 2011,'' said William F. Fox, study co-author and 
     University of Tennessee professor. ``When other factors 
     causing sales tax revenue to shrink are added in, the 
     projected tax increases are even higher.''
       In addition to erosion from remote sales, states and local 
     governments are facing a loss of sales tax revenue from two 
     other major trends: 1) a greater consumption of generally 
     non-taxable services rather than taxable goods; and 2) a 
     continual practice of state-legislated exemptions that are 
     narrowing the tax base.
       Steps are being taken to simplify the sales tax system, 
     such as streamlining the rules and regulations of the 7,500 
     taxing jurisdictions in the U.S. This Streamlined Sales Tax 
     Project is sponsored by a consortium of government 
     associations led by the National Governors Association. So 
     far, 32 states are participating in the effort to simplify 
     tax rates and definitions of taxable goods, and to certify 
     software that will make it easier for retailers, both on Main 
     Street and on the Internet, to collect sales taxes. Nineteen 
     states have enacted simplification legislation; another 10 
     have introduced legislation for consideration.
       As part of the ongoing e-commerce sales tax debate, the 
     Institute for State Studies will use this research data to 
     educate state, local and national officials about the 
     magnitude of the issue. The Institute for State Studies is a 
     nonprofit center for public policy research and education 
     located at Western Governors University. The foundation 
     focuses on three areas: public policy and governance issues 
     created by new technology, advancing competency-based 
     measurement and certification in education, and increasing 
     speed and decreasing cost in environmental progress.

    PROJECTED STATE AND LOCAL REVENUE LOSSES FROM E-COMMERCE ACTIVITY
                          [Figures in millions]
------------------------------------------------------------------------
                State                    2001        2006        2011
------------------------------------------------------------------------
Alabama.............................      $177.4      $604.3      $734.4
Arkansas............................       143.8       488.0       590.9
Arizona.............................       231.1       799.2       982.5
California..........................     1,750.0     5,952.0     7,225.0
Colorado............................       200.7       686.4       836.2
Connecticut.........................       190.5       648.9       788.2
District of Columbia................        36.7       123.1       147.7
Florida.............................       932.2     3,214.0     3,944.4
Georgia.............................       439.0     1,517.8     1,865.6
Hawaii..............................       105.1       359.2       438.3
Iowa................................       111.8       372.3       443.7
Idaho...............................        44.4       151.5       184.6
Illinois............................       532.9     1,795.3     2,161.7
Indiana.............................       215.5       728.5       879.8
Kansas..............................       134.4       451.5       542.2
Kentucky............................       158.7       535.5       645.8
Louisiana...........................       302.6     1,008.1     1,202.5
Massachusetts.......................       200.6       683.0       828.6
Maryland............................       194.4       664.3       809.2
Maine...............................        43.1       146.4       177.5
Michigan............................       502.9     1,696.2     2,043.6
Minnesota...........................       270.6       920.6     1,117.2
Missouri............................       261.6       884.1     1,066.7
Mississippi.........................       136.5       462.8       560.0
North Carolina......................       293.4     1,010.9     1,239.4
North Dakota........................        26.4        87.6       103.9
Nebraska............................        70.9       238.7       287.3
New Jersey..........................       337.8     1,150.0     1,396.1
New Mexico..........................       129.1       440.2       535.4
Nevada..............................       126.3       441.7       549.0
New York............................     1,052.9     3,569.2     4,318.4
Ohio................................       446.7     1,502.2     1,805.9
Oklahoma............................       202.8       670.6       794.5
Pennsylvania........................       446.4     1,503.4     1,811.0
Rhode Island........................        36.8       124.5       150.4
South Carolina......................       153.4       525.0       640.5
South Dakota........................        39.4       133.4       161.3
Tennessee...........................       362.3     1,242.8     1,518.7
Texas...............................     1,162.1     3,957.0     4,805.6
Utah................................       104.5       359.0       439.2
Virginia............................       238.5       817.0       997.2
Vermont.............................        21.0        71.7        87.2
Washington..........................       416.5     1,427.3     1,745.3
Wisconsin...........................       213.5       721.5       871.0
West Virginia.......................        70.1       232.4       276.2
Wyoming.............................        26.1        85.2       100.0
                                     -----------------------------------
  Total.............................    13,293.1    45,204.3    54,849.5
------------------------------------------------------------------------

  Mr. DORGAN. Mr. President, virtually every Governor, or 45 Governors 
in this country believe strongly we ought to do this, give the States 
the ability to develop a compact to dramatically simplify their revenue 
systems. Then, with that compact, we would allow or require the remote 
sellers to collect the taxes owed.
  I am introducing the legislation on behalf of myself, Senator Breaux, 
and Senator Hutchison, that would extend until June 30 the moratorium 
that now exists. Between now and June 30 I believe Congress has a 
responsibility to solve this problem. I don't want there to be and will 
not support punitive or discriminatory taxes on the Internet. I don't 
believe we ought to be taxing access to the Internet, and it would not 
matter to me if we shut it off even for the grandfathered States. The 
issue of extending the moratorium is not a problem with me.
  But we must not extend the moratorium and ignore the other 
significant problem that exists; and that is, the erosion of billions 
and billions of dollars that are expected to come in to our State and 
local government coffers to support our schools. That erosion, to the 
tune of what is expected to be $54 billion in the year 2011 is a very 
serious problem and serves no purpose for people to talk only of 
extending the moratorium and not about the other problem. Let's solve 
both problems at once on behalf of America's kids and on behalf of 
remote sellers.
  I happen to think the growth of the Internet is a wonderful thing. I 
think catalog sales are a wonderful thing. I think Main Street 
businesses are great. I think all the commerce opportunities that exist 
in this country enhance this country. The Main Street business people 
say to us: We rent the business, we hire the employees, we carry the 
inventory, and if you come to our Main Street business and buy a 
product, we must collect the sales tax. But someone a thousand miles 
away who competes by catalog or television monitor can make the same 
sale and sell it without collecting the sales tax. It is true the buyer 
has a tax responsibility,

[[Page 18742]]

but the buyer almost never remits that small use tax to the State when 
that sale is made.
  Those are the issues. I call attention today to the fact that some 
colleagues introduced a piece of legislation that calls for a 
moratorium for 2 years, some are talking about 5 years. One was 
introduced, I believe, by my colleague from Virginia and my colleague 
from California for a 5-year extension. Another was introduced for a 2-
year extension. I believe both are too long. I believe the extension 
until June 30 of next year, with a requirement we get to work, will 
give the States and the Internet sellers and remote sellers the time 
they need to get to work and solve this problem. Let's extend it 
forever as far as I am concerned, but we should fix the long-term 
problem as we do so.
  Mr. President, I ask unanimous consent that the bill be printed in 
the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1504

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Internet Tax Moratorium 
     Extension Act''.

     SEC. 2. EXTENSION OF INTERNET TAX FREEDOM ACT MORATORIUM 
                   THROUGH JUNE 30, 2002.

       (a) In General.--Section 1101(a) of the Internet Tax 
     Freedom Act (47 U.S.C. 151 nt.) is amended by striking ``3 
     years after the date of enactment of this Act--'' and 
     inserting ``on June 30, 2002:''.
       (b) Conforming Amendments.--Section 1101(a) of that Act (47 
     U.S.C. 151 nt.) is further amended--
       (1) by striking ``taxes'' in paragraph (1) and inserting 
     ``Taxes'';
       (2) by striking ``1998; and'' in paragraph (1) and 
     inserting ``1998.''; and
       (3) by striking ``multiple'' in paragraph (2) and inserting 
     ``Multiple''.

     SEC. 3. SENSE OF THE CONGRESS.

       It is the sense of the Congress that State governments and 
     interested business organizations should expedite efforts to 
     develop a streamlined sales and use tax system that, once 
     approved by Congress, would allow sellers to collect and 
     remit sales and use taxes without imposing an undue burden on 
     interstate commerce.
                                 ______
                                 
      By Mrs. BOXER (for herself, Mr. Allen, Mr. Inouye, and Mr. 
        Kerry):
  S. 1505. A bill to authorize the Secretary of Commerce to establish a 
Travel and Tourism Promotion Bureau; to the Committee on Commerce, 
Science, and Transportation.
  Mrs. BOXER. Mr. President, today I am introducing the Rediscover 
America Act of 2001 along with my colleagues, Senator Allen, Senator 
Inouye, and Senator Kerry. The Rediscover America Act is a bipartisan 
effort to help promote travel and tourism in the United States in the 
wake of the September 11, 2001 terrorist attacks on America.
  The bill directs the U.S. Secretary of Commerce to establish a Travel 
and Tourism Promotion Bureau. The Bureau would work with the private 
sector to develop a public service/advertising campaign to encourage 
people to rediscover America. While the Bureau will work in the same 
spirit as the former Travel and Tourism Administration, it will not be 
a large new bureaucracy. The bill is designed to give the Secretary the 
flexibility to appoint up to three existing Department of Commerce 
employees to work on this 2-year project. At least $60 million of the 
funds provided in the supplemental appropriations bill would be 
available for this effort so that the campaign can begin quickly. We 
envision celebrities and national leaders participating in ads that 
will tout the beauty of the nation and encourage people here and abroad 
to Rediscover America.
  We need the Rediscover America Act at this time for a number of 
reasons. The revitalization of the travel and tourism industry 
following the September 11, 2001 terrorist attacks on the United States 
is a national economic necessity. The travel and tourism industry has a 
large impact on the U.S. economy, adding nearly 5 percent of the GDP, 
generating more than $578 million in revenues, supporting more than 17 
million jobs, and providing a $14 million trade surplus for the 
country.
  In California, the travel and tourism industry provides over 1.1 
million jobs. Those jobs are now in danger. We estimate that the total 
direct and indirect losses in the travel and tourism industry as a 
result of declining consumer confidence could reach nearly 20,000. We 
need to encourage people to travel in order to restore jobs for people 
in the industry.
  In light of the effect that the attacks have had on the travel and 
tourism industry, it is important to put measures immediately into 
place to encourage consumer confidence in travel and in the economy.
  Safety and security in travel is of utmost importance in order to 
restore consumer confidence in the industry. But we will have to get 
the message out there that it is safe to travel again in order to get 
passengers back on planes.
  While this marketing assistance can only constitute one facet of our 
response to the current crisis in the travel and tourism industry, we 
hope its impact will be widely felt. More than 95 percent of the 
businesses in travel and tourism are small to medium sized enterprises 
who need help now. Again, this is only one step toward getting the 
travel and tourism industry back on its feet. Its restoration is vital 
for the future well being of our economy.
                                 ______
                                 
      By Mr. NELSON of Florida:
  S. 1506. A bill to amend title 10, United States Code, to repeal the 
requirement for reduction of SBP survivor annuities by dependency and 
indemnity compensation; to the Committee on Armed Services.
  Mr. NELSON of Florida. Mr. President, I am introducing legislation 
today to take care of a major problem we overlooked recently in passing 
the defense authorization bill.
  I take my inspiration from Holy Scripture where we are told that in 
God's eyes, the measure of our faith is to look after orphans and 
widows in their distress.
  The fiscal year 2002 Defense authorization bill we just passed 
corrected one long-standing inequity but not another longstanding 
inequity. What the Defense authorization bill did was correct an 
inequity by restoring benefits to our disabled military retirees 
because currently our system penalizes military retirees, who have 
given our country the best years of their lives, by reducing their 
retirement pay by the amount of disability pay they are entitled to 
receive.
  This simply is not fair. Senator Reid, our great Democratic floor 
leader, offered the amendment to the Defense authorization bill, and it 
was accepted. It allows the disabled military retirees to receive both 
their disability pay and their retirement pay concurrently instead of 
one offsetting the other. It makes it effective upon the Defense 
authorization bill becoming law.
  I supported it. All of us supported the Reid amendment. It is now 
included in the final version of the bill. That correction in law is 
long overdue.
  Now there is another related injustice which needs to be addressed. 
The legislation I am offering will extend the same protection of 
benefits to the widows and orphans of military retirees because the 
same kind of rule that penalized disabled retirees, the offset of 
disability pay to military retirement pay, also hurts the widows and 
the surviving children.
  Mr. President, go back to 1972 when Congress established the military 
survival benefits plan to provide retirees' survivors an annuity that 
was specifically modeled after the civil service survival benefit plan. 
Like the civilian plan, the military survivors benefit plan is a 
volunteer benefit program purchased by the retiree. Retired service 
members pay for this benefit from their retired pay. Then upon their 
death, their spouse or dependent children can receive up to 55 percent 
of their retired pay as an annuity.
  Surviving spouses or dependent children of 100-percent service-
connected disabled retirees are also entitled to dependency and 
indemnity compensation from the Veterans' Administration. But the 
annuity paid by the survivors benefits plan and received by a widow or 
an orphan is reduced by the

[[Page 18743]]

amount of the dependency and indemnity compensation received from the 
VA--the same unfair offset that we are now correcting for our military 
retirees.
  So the penalty for widows or orphans is no more justifiable than for 
retirees. In fact, in the absence of their veteran spouse or parent, 
the survivors' need for a stable income is often greater. They have 
depended on the person who has received this disability pay because 
that disabled person's income was lowered because of their disability, 
and often because the spouse or the children have to be caregivers to 
the disabled person, their incomes likewise are reduced; thus the need 
for this disability pay as set up in law sometime ago for the 
survivors' need.
  Well, Mr. President, I know of no other surviving spouse annuity 
program in the Federal or private sector that is permitted to offset, 
terminate, or reduce their survivor payments because of disability 
payments. Naturally, I was disappointed in this year's Defense 
authorization bill that we have left behind the widows or orphans of 
100-percent disabled retirees. I am not talking about 50-percent 
disabled; I am talking about the widows or orphans of 100-percent 
disabled retirees.
  I believe we should have and could have addressed this issue when we 
fixed the offset problem for military retirees. But we didn't. So that 
is what we are trying to correct with the offering of this legislation.
  We should honor our commitments with disabled military retirees and 
their surviving widows and dependent children. So today I am offering 
stand-alone legislation to eliminate that offset called the VA 
dependency and indemnity compensation offset against the annuity paid 
by the survivors benefit plan.
  I will repeat what I said at the outset. In the first chapter of 
James, verse 27 of the Holy Scriptures, we are told in God's eyes that 
the true measure of our faith is to look after orphans and widows in 
their distress. So we simply can't allow this situation to stand. We 
need to restore the full benefits to our country's military retirees 
and their families. I will continue to work to do right by those who 
have given this Nation their all, and especially for the loved ones 
they may leave to our care.
  Thank you for the opportunity of addressing the Senate as I introduce 
this legislation.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1506

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

     SECTION 1. REPEAL OF REQUIREMENT OF REDUCTION OF SBP SURVIVOR 
                   ANNUITIES BY DEPENDENCY AND INDEMNITY 
                   COMPENSATION.

       (a) Repeal.--Section 1451(c) of title 10, United States 
     Code, is amended by striking paragraph (2).
       (b) Prohibition on Retroactive Benefits.--No benefits may 
     be paid to any person for any period before the effective 
     date specified in subsection (c) by reason of the amendment 
     made by subsection (a).
       (c) Effective Date.--The amendment made by subsection (a) 
     shall take effect on--
       (1) the first day of the first month that begins after the 
     date of the enactment of this Act; or
       (2) the first day of the fiscal year that begins in the 
     calendar year in which this Act is enacted, if later than the 
     date specified in paragraph (1).
                                 ______
                                 
      By Mr. CORZINE (for himself, Mr. Reed, and Mr. Torricelli):
  S. 1508. A bill to increase the preparedness of the United States to 
respond to a biological or chemical weapons attack; to the Committee on 
Health, Education, Labor, and Pensions.
  Mr. CORZINE. Mr. President, I rise today to introduce the Biological 
and Chemical Attack Preparedness Act, legislation that would help 
prepare our public health infrastructure for the possibility of a 
future biological or chemical attack.
  The attacks of September 11 have focused attention on the threat 
posed to our entire Nation by terrorists, especially the threat of 
biological and chemical attacks. My office has received numerous 
letters and phone calls from constituents alarmed by recent news 
reports that the Federal Aviation Administration grounded crop dusters. 
Some speculate that the small propeller planes might be used to deliver 
chemical or biological weapons over a broad area, threatening the 
health and well being of the people below. The implications of such an 
attack are enormous. One analysis from the Centers for Disease Control 
predicted that a few kilograms of anthrax delivered over a major 
metropolitan area would kill more people than the atomic bomb dropped 
on Hiroshima.
  While the US is fortunate to have avoided a biological or chemical 
attack thus far, the threat of such an attack is very real. In 1995, it 
was hard to imagine that Japan would be targeted for such an attack. 
But that year, an apocalyptic cult did just that in a Tokyo subway 
station. The highly sophisticated cult counted scientists among its 
adherents and developed a deadly chemical weapon: sarin gas. They 
employed a crude form of delivery, filling soda cans and lunch boxes 
with sarin gas and puncturing the improvised containers as they left a 
rail car.
  While technical expertise and considerable resources are required, it 
is clear that a motivated terrorist group can unleash a chemical or 
biological weapon on a complacent population. The possibility of such 
an attack seems even greater when one realize that many of the 
countries considered to be active state sponsors of terrorism by the 
State Department are also believed to be developing chemical and 
biological weapons.
  The events of September 11 have brought our country's vulnerability 
to an attack with chemical and biological weapons into even greater 
focus. However, the challenge of maintaining the functionality of key 
infrastructure in the event of a chemical or biological emergency has 
been a concern for some time. The well-regarded Hart-Rudman report 
calls for careful preparation and explains that in a biological attack, 
``citizen cooperation with government authorities will depend on public 
confidence that those authorities can manage the emergency.'' A recent 
Newsweek poll found that 46 percent of respondents were not convinced 
that national and local governments are prepared to handle an attack 
with biological or chemical weapons.
  Unfortunately, Americans have reason to be skeptical about the extent 
or which our public health system is prepared for a chemical or 
biological attack. The overwhelming consensus among public health 
officials is that our health care infrastructure today is not equipped 
to address a mass casualty incident involving chemical and biological 
weapons.
  The attack in Japan in 1995 was the first time in history when 
chemical weapons were turned on a civilian population. As such, it is a 
valuable and instructive case study. The attack itself killed eleven 
Japanese civilians and injured several hundred, a tragedy by any 
measure, but with a limited death count. The incident has broader 
significance for what it shows about the failure of an advanced public 
health system to respond to a biological or chemical weapon emergency. 
Specifically, the attack highlighted unfortunate weaknesses in Japan's 
ability to coordinate a comprehensive public health response.
  To put it mildly, the subway attack caught Japan's public health 
system off guard. St. Luke's International Hospital received most 
victims of the attack, treating over six hundred Japanese patients. 
Although even before the attack the hospital maintained a high level of 
emergency preparedness and conducted periodic emergency drills, it was 
not ready for the tremendous surge of acutely ill patients that 
overwhelmed the emergency room. The hospital was not prepared to treat 
victims manifesting the symptoms characteristics of sarin gas 
poisoning. It was not prepared to guarantee the health and safety of 
the healthcare workers employed there. And, although terribly 
overburdened with patients being treated in the chapel and cafeteria, 
it was unable to release patients to other

[[Page 18744]]

hospitals, knowing that other hospitals were even less prepared to deal 
with the unique challenges posed by victims of chemical weapons. 
Because of the use of chemical weapons, standards already established 
for mass casualty incidents were found to be inadequate, and the staff 
was forced to improvise. According to a study conducted by the 
hospital, more than twenty-percent of the health professionals 
assisting the victims developed sarin gas poisoning themselves.
  Healthcare workers helping the sick were put into harm's way. Had the 
chemical or biological agent been more severe or had the health 
professionals received a greater dose, the implications of Japan's lack 
of preparation could have been even more serious.
  The United States must learn from the nightmare experienced by Japan 
and shore up our public health infrastructure before it is too late.
  Unfortunately, despite several programs that have moved us in the 
right direction, including the historic Frist-Kennedy emerging threats 
legislation passed in the last Congress that I hope will receive the 
funding it deserves, the United States' public health system is not 
much more prepared than Japan's in 1995.
  A study appearing in the May 2001 issue of the respected American 
Journal of Public Health reveals a troubling situation. Of the 
hospitals that responded to a survey, fewer than 20 percent had any 
plans for biological or chemical weapons incidents. That means only 
one-fifth of hospitals nationwide had even considered the implications 
of a chemical or biological attack on delivery of care. And only 6 
percent had the minimum recommended physical resources for a 
hypothetical sarin incident. It is clear, that the U.S. is not 
prepared.
  The study outlines that the ``Domestic Preparedness Program . . . has 
included no systemic efforts to integrate hospitals into response 
plans, and it has provided only limited funds to acquire resources for 
state and local responders and none for hospitals.'' It is time to 
ensure that our public health system is up to the challenges of the new 
threat environment, including the possibility that chemical weapons or 
biological agents will be released on the United States.
  A report published by the American Hospital Association in 
conjunction with the Office of Emergency Preparedness, found that the 
fundamental problem is, and I quote, ``there is no general societal 
support for the preparedness role of the hospital.'' Up until this 
point, there was no requirement for individual hospitals or departments 
of health to plan for the possibility of a chemical or biological 
attack. Nor was there any funding to help them in this important 
process. In our previous approach to bioterrorism, we have focused on 
stockpiling medical supplies and creating additional laboratory 
capacity, but we have ignored the emergency preparedness of our 
hospitals.
  The Biological and Chemical Attack Preparedness Act seeks to overcome 
this failing of our public health system in several important ways. 
First, it would require States to develop public health disaster plans 
in consultation with local governments. It is vital that the various 
state governments rapidly devise and implement plans based on their own 
specific needs and strengths. The public health disaster plan developed 
by Nebraska will be very different from the one developed by New 
Jersey, and for good reason. The public health challenges posed by a 
rural population are different than those posed by a suburban or urban 
population. State plans must take into account the distribution and the 
pre-existing capabilities of hospitals in their states. They must 
address issues surrounding proximity to care and the financial costs of 
implementing a system. Simply put, they must devise a mechanism for 
providing care to all affected state residents in the event of an 
attack.
  This being said, as with national security issues generally, there is 
an important federal role. It is the job of the Department of Health 
and Human Services to establish broad guidelines and oversee the 
implementation of the various plans. Just as we need coordination 
between States, localities, and hospitals, we need coordination with 
the national health system. To ensure that states comply, Medical 
funding would be withheld for any state that failed to meet the broad 
requirements of the legislation.
  Second, as part of the public health disaster plan, States would be 
required to designate hospitals so that all state residents affected by 
a chemical or biological weapons disaster would have access to 
treatment. Each designated hospital would be required to devise and 
implement a chemical and biological weapons response that complies with 
their responsibilities as a component of the State's overall response. 
Right now, with only 6 percent of hospitals providing a high level of 
chemical and biological weapons attack readiness, we are far from the 
goal of ensuring that any person affected by chemical or biological 
weapons can receive treatment. Hospitals designated as part of the plan 
must be prepared with equipment, trained personnel, and pharmaceutical 
products sufficient to meet the anticipated need in the event of 
chemical or biological attack.
  I know we are asking a lot of our States and of our hospitals. 
Certainly, the additional precautions taken to prepare for an 
unconventional attack will be expensive. To address this real concern, 
the bill would create a new grant program administered by the Office of 
Emergency Preparedness of HHS to fund the implementation of biological 
and chemical attack preparedness strategies by health care providers. 
Hospitals could use the funds to purchase Class-A suits to protect 
healthcare professionals, filtration equipment to clean the air, shower 
units to remove chemical agents, antibiotics and vaccines to treat 
patients, and, perhaps most importantly, training for the staff to 
recognize the warning signs of an attack. And, because we are asking 
for additional preparation on the part of designated hospitals, they 
will receive preferential treatment in the grant program. Not 
incidentally, local governments would be eligible for the grants as 
well, providing a level of local control and oversight that is a vital 
component of a truly coordinated response.
  The Biological and Chemical Attack Preparedness Act would help ensure 
that our national public health system is prepared to orchestrate a 
skillful, quick and coordinated response to an attack with chemical or 
biological weapons. The bill would provide the resources necessary to 
assist hospitals and local governments in getting up to speed. And it 
would ensure that the various jurisdictions in our public health system 
are working together towards a single compelling goal: preparing for 
the devastating implications of a chemical or biological weapons 
attack. It would be far better to spend the money now than suffer the 
grim consequences later.
  I urge my colleagues to support this important piece of legislation, 
and ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1508

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Biological and Chemical 
     Attack Preparedness Act''.

     SEC. 2. STATE PUBLIC HEALTH DISASTER PLANS.

       (a) In General.--Not later than 120 days after the 
     publication of the standards developed by the Secretary of 
     Health and Human Services (in this Act referred to as the 
     ``Secretary'') under subsection (c), each State shall develop 
     a State public health disaster plan for responding to 
     biological or chemical attacks. Not later than 180 days after 
     the publication of such standards, each State shall fully 
     implement the State's plan.
       (b) Requirements of Plan.--A State public health disaster 
     plan developed under subsection (a) shall--
       (1) comply with the standards developed under subsection 
     (c);
       (2) require designated hospitals and health care providers 
     in the State to have procedures in place to provide health 
     care items and services (including antidotes, vaccines or 
     other drugs or biologicals) to all State residents in the 
     event of a biological or chemical attack;
       (3) require that hospitals and health care providers 
     designated under paragraph (2)

[[Page 18745]]

     conduct drills, on a semiannual or other basis determined 
     appropriate by the Secretary, to ensure the readiness of such 
     hospital or provider to receive and treat victims of a 
     biological or chemical attack;
       (4) be developed in consultation with affected local 
     governments and hospitals; and
       (5) meet such other requirements as the Secretary 
     determines appropriate.
       (c) Standards.--Not later than 120 days after the date of 
     enactment of this Act, the Secretary of Health and Human 
     Services shall develop, and publish in the Federal Register, 
     standards relating to State public health disaster plans, 
     including requirements relating to the equipment, training, 
     treatment, and personnel that a hospital or health care 
     provider must have to be a designated hospital or provider 
     under such plan.
       (d) Submission to Secretary.--
       (1) In general.--Not later 360 days after the date on which 
     standards are published under subsection (c), and annually 
     (or at such other regular periods as the Secretary may 
     determine appropriate) thereafter, a State shall submit to 
     the Secretary for approval the disaster plan developed by the 
     State under this section. The Secretary may only approve such 
     plan if the Secretary determines that the plan complies with 
     such standards.
       (2) Monitoring.--The Secretary shall monitor the States to 
     determine whether each State has developed and implemented a 
     State disaster plan in accordance with this section.
       (e) Medicaid State Plan Requirement.--Section 1902(a) of 
     the Social Security Act (42 U.S.C. 1396a(a)) is amended--
       (1) in paragraph (64), by striking ``and'' at the end;
       (2) in paragraph (65), by striking the period at the end 
     and inserting ``; and'', and
       (3) by inserting after paragraph (65) the following:
       ``(66) provide that the State shall develop, for approval 
     by the Secretary, and have in effect a State public health 
     disaster plan for responding to biological or chemical 
     attacks in accordance with section 2 of the Biological and 
     Chemical Attack Preparedness Act, except that this paragraph 
     shall not apply to a State if the Secretary waives the 
     application of this paragraph because of the existence of 
     exceptional circumstances.''.

     SEC. 3. GRANTS FOR TRAINING, EQUIPMENT, AND PERSONNEL.

       (a) In General.--The Secretary, acting through the Director 
     of the Office of Emergency Preparedness, shall award grants 
     to hospitals and health care providers to enable such 
     hospitals and providers to provide training, give treatment, 
     purchase equipment, and employ personnel.
       (b) Eligibility.--
       (1) In general.--To be eligible for a grant under 
     subsection (a), a hospital or health care provider shall in 
     consultation with the State, prepare and submit to the 
     Director of the Office of Emergency Preparedness, an 
     application at such time, in such manner, and containing such 
     information as the Director may require.
       (2) Preference for designated hospitals and providers.--In 
     awarding grants under this section, the Director shall give 
     priority to applicant hospitals and health care providers 
     that are designated hospitals or providers under the State 
     public health disaster plan under section 2.
       (3) Governmental entities.--Notwithstanding paragraph 
     (1)(A), the Director may award a grant under this section to 
     a State or local governmental entity if the Secretary 
     determines that such an award is appropriate.
       (c) Use of Funds.--
       (1) In general.--A grantee shall use amounts received under 
     a grant under this section to provide training, give 
     treatment (including the provision of antidotes, vaccines or 
     other drugs or biologicals), purchase equipment, and employ 
     personnel as determined to be appropriate by the Director of 
     the Office of Emergency Preparedness to enable the grantee to 
     carry out its duties under the State public health disaster 
     plan.
       (2) Technical expertise.--A grantee may use amounts 
     received under a grant under this section to acquire 
     technical expertise to enable the grantee to develop 
     appropriate responses to biological or chemical attacks.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated, such sums as may be necessary to carry 
     out this section.
                                  ____

  Mr. REED. Mr. President, I am pleased to join my colleagues, Senators 
Corzine and Torricelli of New Jersey in introducing this timely and 
important legislation. The Biological and Chemical Attack Preparedness 
Act seeks to address a critical need that currently exists in our 
health care emergency preparedness network.
  Since the devastating attacks of September 11, it has become apparent 
that we as a Nation face many threats for which we must be prepared. 
Over the past decade, the Federal Government has made significant 
investments in research, planning and implementation of procedures 
designed to deal with a variety of terrorist attacks, including 
strengthening our public health system so that it may respond 
effectively to a potential biological or chemical terrorist event. In 
that time, we have made great progress in solidifying our level of 
preparedness for these kinds of insidious events. Nevertheless, the 
events of last month have also made us keenly aware of our 
vulnerabilities, particularly when it comes to State and local health 
systems, where our ability to resond to a major catastrophic event is 
not what it should be.
  Specifically, while the 1996 Defense Against Weapons of Mass 
Destruction Act required the development of a Domestic Preparedness 
Program, including efforts to improve capacity of local emergency 
response agencies, only limited funds were provided to state and local 
responders and none for hospitals. For those hospitals that have 
devised plans, the challenge is often finding the resources to acquire 
the appropriate equipment and training necessary to respond to a 
chemical or biological event.
  The Biological and Chemical Attack Preparedness Act we are 
introducing today would address this urgent problem by requiring all 
States to think strategically about their health systems and how they 
might be called to respond to a biological or chemical attack. Each 
State would submit to the Department of Health and Human Services for 
review and approval a disaster preparedness plan that would designate 
certain hospitals and providers to respond to a terrorist attack. These 
facilities would devise and implement chemical and biological weapons 
response plans that conform to their responsibilities as a component of 
the State's overall disaster response. To help defray these additional 
costs, the bill authorizes a new grant program administered by HHS' 
Office of Emergency Preparedness to fund the implementation of 
biological and chemical attack preparedness strategies.
  This legislation compliments ongoing efforts to enhance our public 
health capability to minimize casualties should a biological or 
chemical attack occur within our borders. Indeed, it is absolutely 
essential that every link in the health system chain, from the 
individual provider to our Federal health agencies, has the tools it 
needs to carry out the tasks for which it is responsible in this new 
world.
  I thank my colleagues for the opportunity to join them today in this 
important endeavor and urge the Senate to take quick action to adopt 
this important legislation.
                                 ______
                                 
      By Mr. ROCKEFELLER:
  S. 1509. A bill to establish a grant program to enable rural police 
departments to gain access to the various crime-fighting, 
investigatory, and information-sharing resources available on the 
Internet, and for other purposes; to the Committee on the Judiciary.
  Mr. ROCKEFELLER. Mr. President, I am proud today to introduce the 
Networking Electronically To Connect Our Police Act of 2001, or the NET 
COP Act, which will help police departments in rural communities 
throughout the United States take advantage of the many crime-fighting 
and information-sharing resources available through the Internet.
  In the first decade of widespread use of the Internet, people 
everywhere have become accustomed to ready availability of a tremendous 
volume of useful information available to anyone with a computer and 
access to the Web. Federal, State, and local law enforcement agencies 
in this country have made extremely good use of this capability to 
share intelligence, to widen their investigatory nets, to find lost or 
abducted children, to locate deadbeat parents, to tap into centralized 
criminal databases, and to track and apprehend criminals with a speed 
they could not have dreamed of before using the Internet.
  Unfortunately, as truly amazing as the law enforcement successes have 
been, the results could be better. Much as schools, libraries, local 
governments, and businesses in rural America have not always shared 
equally in the benefits of Internet access with their counterparts in 
urban and suburban areas, police departments serving some

[[Page 18746]]

smaller communities have been unable to participate in this 
revolutionary crime-fighting technology to the same degree enjoyed by 
big-city departments.
  Of the many lessons this country learned so painfully because of the 
terrorist attacks of September 11, perhaps the most painful is that 
information and intelligence that is not shared is information and 
intelligence wasted, often with tragic results. Crimes, including acts 
of terrorism, might be prevented if the right information finds its way 
to the appropriate law enforcement officials. We are also sensitized to 
the fact that crime knows no boundaries. In the world today, criminal 
activity is as great a concern for citizens and police officers in 
small towns as it is for those in large population centers. With our 
renewed national dedication to supplying law enforcement agencies with 
the tools they need to fight crime, we cannot doubt the necessity of 
ensuring that police departments in rural communities, like their 
colleagues in cities, have access to Internet-based crime-fighting and 
information-sharing resources.
  The NET COP Act does just this. This bill sets up a grant program, 
administered by the United States Department of Justice, to enable 
rural police departments without Internet access to purchase 
appropriate computer hardware and software, or to pay for Internet 
access, so that they can join the many thousands of federal, State, and 
local agencies already sharing information and cooperating to track 
down and arrest criminals via such Internet-based services as DOJ's 
Regional Information Sharing Systems, RISS, and the FBI's Law 
Enforcement On-Line, LEO, program. NET COP grants will be given 
directly to police chiefs, so that they can buy just what they need to 
hook into the growing network of web-based law enforcement tools. NET 
COP grants will also be available for computer upgrades, if they are 
determined to be necessary.
  Some rural police department officials and officers have been able to 
afford computer equipment, or to have their departments wired for the 
Internet, and have paid for out of their own pockets. So, NET COP 
grants will also be made available for reimbursement to those police 
officers and officials who have taken it upon themselves to provide 
their departments with these essential tools. Criteria for this 
reimbursement will be set by the Attorney General.
  Additionally, this bill will require the Attorney General to set up a 
Police Department Technology Assistance Desk, to answer questions from 
local police chiefs about necessary technologies, and to assist police 
officials and local governments in making appropriate purchases from 
reputable dealers.
  Finally, to gauge how effective the NET COP grant program is, the 
bill requires the General Accounting Office to make an annual report to 
Congress comparing the concentration of the nation's ``wired'' police 
departments generally with the number of rural departments having 
Internet access.
  I believe the NET COP Act will serve as an extremely important crime-
fighting tool for rural America. As we endeavor to create a safer and 
more secure United States, I recommend this legislation as a crucial 
component of a comprehensive response to crime.
                                 ______
                                 
      By Mr. DASCHLE (for himself, Mr. Lott, Mr. Leahy, Mr. Hatch, Mr. 
        Graham, Mr. Shelby, and Mr. Sarbanes):
  S. 1510. 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; read the first time.
  Mr. DASCHLE. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1510

       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.

[[Page 18747]]

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.

[[Page 18748]]

       (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

[[Page 18749]]

       ``(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

[[Page 18750]]

       (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

[[Page 18751]]

     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

[[Page 18752]]

     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.

[[Page 18753]]



     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,

[[Page 18754]]

     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,

[[Page 18755]]

     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

[[Page 18756]]

     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

[[Page 18757]]

     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

[[Page 18758]]

     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

[[Page 18759]]

     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--

[[Page 18760]]

       ``(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

[[Page 18761]]

     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.

[[Page 18762]]



     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.

[[Page 18763]]

       (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--

[[Page 18764]]

       (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

[[Page 18765]]

     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;

[[Page 18766]]

       ``(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.--

[[Page 18767]]

       ``(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.''.

[[Page 18768]]

       (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--

[[Page 18769]]

       ``(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--

[[Page 18770]]

       (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--

[[Page 18771]]

       (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

[[Page 18772]]

     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

[[Page 18773]]

     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).
                                 ______
                                 
      By Mr. SPECTER:
  S.J. Res. 24. A joint resolution honoring Maureen Reagan on the 
occasion of her death and expressing condolences to her family, 
including her husband Dennis Revell and her daughter Rita Revell; to 
the Committee on the Judiciary.
  Mr. SPECTER. Mr. President, I ask unanimous consent that the text of 
the joint resolution be printed in the Record.
  There being no objection, the joint resolution was ordered to be 
printed in the Record, as follows:

                              S.J. Res. 24

       Whereas the Congress is greatly saddened by the tragic 
     death of Maureen Reagan on August 8, 2001;
       Whereas Maureen Reagan's love of life and countless 
     contributions to family and the Nation serve as an 
     inspiration to millions;
       Whereas Maureen Reagan was a remarkable advocate for a 
     number of causes and had many passions, the greatest being 
     her dedication to addressing the scourge of Alzheimer's 
     disease;
       Whereas in 1994 when former President Ronald Reagan 
     announced that he had been diagnosed with Alzheimer's 
     disease, Maureen Reagan joined her father and Nancy Reagan in 
     the fight against Alzheimer's disease and became a national 
     spokesperson for the Alzheimer's Association;
       Whereas Maureen Reagan served as a tireless advocate to 
     raise public awareness about Alzheimer's disease, support 
     care givers, and substantially increase the Nation's 
     commitment to research on Alzheimer's disease;
       Whereas Maureen Reagan helped inspire the Congress to 
     increase Federal research funding for Alzheimer's disease by 
     amounts proportionate to increases in research funding for 
     other major diseases;
       Whereas Maureen Reagan went far beyond merely lending her 
     name to the work of the Alzheimer's Association: she was a 
     hands-on activist on the association's board of directors, a 
     masterful fund-raiser, a forceful advocate, and a selfless 
     and constant traveler to anywhere and everywhere Alzheimer's 
     advocates needed help;
       Whereas at every stop she made and every event she attended 
     in her efforts to eradicate Alzheimer's disease through 
     research, Maureen Reagan emphasized that researchers are in a 
     ``race against time before Alzheimer's reaches epidemic 
     levels'' with the aging of the Baby Boomers;
       Whereas Maureen Reagan stated before the Congress in 2000 
     that ``14 million Baby Boomers are living with a death 
     sentence of Alzheimer's today'';
       Whereas despite her declining health, Maureen Reagan never 
     decreased her efforts in her battle to eliminate Alzheimer's 
     disease;
       Whereas during the last six months of her life, from her 
     hospital bed and home, Maureen Reagan urged the Congress to 
     invest $1,000,000,000 to fund research at the National 
     Institutes of Health focused on Alzheimer's disease;
       Whereas Maureen Reagan said, ``The best scientific minds 
     have been brought into the race against Alzheimer's, a solid 
     infrastructure is in place, and the path for further 
     investigations is clear. What's missing is the money, 
     especially the Federal investment, to keep up the pace.''; 
     and
       Whereas Maureen Reagan's remarkable advocacy for the 
     millions affected and afflicted by Alzheimer's disease will 
     forever serve as an inspiration to continue and ultimately 
     win the battle against the illness: Now, therefore, be it
       Resolved by the Senate and House of Representatives of the 
     United States of America in Congress assembled, That the 
     Congress, on the occasion of the tragic and untimely death of 
     Maureen Reagan--
       (1) recognizes Maureen Reagan as one of the Nation's most 
     beloved and forceful champions for action to cure Alzheimer's 
     disease and treat those suffering from the illness; and


       (2) expresses deep and heartfelt condolences to the family 
     of Maureen Reagan, including her husband Dennis Revell and 
     her daughter Rita Revell.

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