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fired at an Islamic Center and police having to turn
back 300 people who tried to march on a mosque.
(b) The Senate—
(1) declares that in the quest to identify, bring
to justice, and punish the perpetrators and sponsors
of the terrorist attacks on the United States on Sep-
tember 11, 2001, that the civil rights and civil lib-
erties of all Americans, including Arab-Americans
and American Muslims, should be protected; and
(2) condemns any acts of violence or discrimina-
tion against any Americans, including Arab-Ameri-
cans and American Muslims.
TITLE VII—RESCISSIONS
DEPARTMENT OF STATE AND RELATED AGENCY
INTERNATIONAL ORGANIZATIONS AND CONFERENCES
CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING
ACTIVITIES
(RESCISSION)
Of the unobligated balances available under this head-
ing, $126,620,000 are rescinded.
TITLE VIII—TERRORISM
SEC. 801. SHORT TITLE.
This title may be cited as the ‘‘Combating Terrorism
Act of 2001’’.
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Subtitle A—Antiterrorism Policy
and Practices
SEC. 811. ASSESSMENT OF NATIONAL GUARD CAPABILITIES
TO PREEMPTIVELY DISRUPT DOMESTIC TER-
RORIST ATTACKS INVOLVING WEAPONS OF
MASS DESTRUCTION.
(a) REPORT.—Not later than 60 days after the date
of the enactment of this Act, the Comptroller General shall
submit to Congress a report containing an assessment of
the capabilities of the National Guard to preemptively dis-
rupt a terrorist attack within the United States involving
weapons of mass destruction, and to respond to such an
attack.
(b) ELEMENTS.—The report required under subsection
(a) shall include—
(1) an assessment of the legal restrictions on the
use of the National Guard to contain and capture
weapons of mass destruction materials that are dis-
covered by law enforcement agencies within the
United States;
(2) an assessment of the physical readiness of the
National Guard to carry out a mission to contain
and capture such materials;
(3) a description of the modifications in the
structure of the National Guard, and in law enforce-
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ment intelligence dissemination capabilities, that are
necessary to effect a credible, preemptive strike capa-
bility for the National Guard against a terrorist at-
tack within the United States involving a weapon of
mass destruction; and
(4) an identification of the Federal agency best
suited to carry out a preemptive strike against orga-
nizations possessing weapons of mass destruction ma-
terials in the United States.
SEC. 812. LONG-TERM RESEARCH AND DEVELOPMENT TO
ADDRESS 
CATASTROPHIC 
TERRORIST 
AT-
TACKS.
(a) SENSE OF CONGRESS.—It is the sense of Congress
that—
(1) there has not been sufficient emphasis on
long-term research and development with respect to
technologies useful in fighting terrorism; and
(2) the United States should make better use of
its considerable accomplishments in science and tech-
nology to prevent or address terrorist attacks in the
future, particularly attacks involving chemical, bio-
logical, or nuclear agents.
(b) ESTABLISHMENT
OF PROGRAM.—(1) Not later
than six months after the date of the enactment of this Act,
the President shall establish a comprehensive program of
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long-term research and development with respect science
and technology necessary to prevent, preempt, detect, inter-
dict, and respond to catastrophic terrorist attacks.
(2) In establishing the program, the President shall—
(A) establish a comprehensive set of requirements
for the program; and
(B) either—
(i) establish in an appropriate Federal
agency an element with responsibility for the
program; or
(ii) assign to a current element of a Federal
agency responsibility for the program.
(c) REPORT ON PROPOSED PROGRAM.—Not later than
60 days before the commencement of the program required
by subsection (b), the President shall submit to Congress
a report on the proposed program. The report shall set forth
the element of the Federal Government proposed to be estab-
lished or assigned responsibility under subsection (b)(2)(B),
including the proposed organization and responsibilities of
the element for purposes of the program.
(d) CATASTROPHIC TERRORIST ATTACK DEFINED.—
In this section, the term ‘‘catastrophic terrorist attack’’
means a terrorist attack against the United States per-
petrated by a state, substate, or nonstate actor that involves
mass casualties or the use of a weapon of mass destruction.
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SEC. 813. REVIEW OF AUTHORITY OF FEDERAL AGENCIES
TO ADDRESS CATASTROPHIC TERRORIST AT-
TACKS.
(a) REVIEW REQUIRED.—The Attorney General shall
conduct a review of the legal authority of the agencies of
the Federal Government, including the Department of De-
fense, to respond to, and to prevent, preempt, detect, and
interdict, catastrophic terrorist attacks.
(b) REPORT.—Not later than six months after the date
of the enactment of this Act, the Attorney General shall sub-
mit to Congress a report on the review conducted under sub-
section (a). The report shall include any recommendations
that the Attorney General considers appropriate, including
recommendations as to whether additional legal authority
for any particular Federal agency is advisable in order to
enhance the capability of the Federal Government to re-
spond to, and to prevent, preempt, detect, and interdict, cat-
astrophic terrorist attacks.
(c) CATASTROPHIC TERRORIST ATTACK DEFINED.—In
this section, the term ‘‘catastrophic terrorist attack’’ means
a terrorist attack against the United States perpetrated by
a state, substate, or nonstate actor that involves mass cas-
ualties or the use of a weapon of mass destruction.
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SEC. 814. GUIDELINES ON RECRUITMENT OF TERRORIST
INFORMANTS.
The Director of Central Intelligence shall rescind the
provisions of the 1995 Central Intelligence Agency guide-
lines on recruitment of terrorist informants that relate to
the recruitment of persons who have access to intelligence
related terrorist plans, intentions and capabilities.
SEC. 815. DISCLOSURE BY LAW ENFORCEMENT AGENCIES
OF CERTAIN INTELLIGENCE OBTAINED BY
INTERCEPTION OF COMMUNICATIONS.
(a) REPORT ON AUTHORITIES RELATING TO SHARING
OF CRIMINAL WIRETAP INFORMATION.—Not later than 60
days after the date of the enactment of this Act, the Presi-
dent shall submit to Congress a report on the legal authori-
ties that govern the sharing of criminal wiretap informa-
tion under applicable Federal laws, including section 104
of the National Security Act of 1947 (50 U.S.C. 403–4).
(b) ELEMENTS.—The report under subsection (a) shall
include—
(1) a description of the type of information that
can be shared by the Department of Justice, or other
law enforcement agencies, with other elements of the
intelligence community; and
(2) any recommendations that the President con-
siders appropriate, including a proposal for legisla-
tion to implement such recommendations, to improve
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the capability of the Department of Justice, or other
law enforcement agencies, to share foreign intelligence
information or counterintelligence information with
other elements of the intelligence community on mat-
ters such as counterterrorism.
(c) DEFINITIONS.—In this section:
(1) FOREIGN
INTELLIGENCE, 
COUNTERINTEL-
LIGENCE.—The terms ‘‘foreign intelligence’’ and
‘‘counterintelligence’’ have the meanings given those
terms in section 3 of the National Security Act of
1947 (50 U.S.C. 401a).
(2) ELEMENT
OF
THE
INTELLIGENCE
COMMU-
NITY.—The term ‘‘element of the intelligence commu-
nity’’ means any element of the intelligence commu-
nity specified or designated under section 3(4) of the
National Security Act of 1947.
SEC. 816. JOINT TASK FORCE ON TERRORIST FUNDRAISING.
It is the sense of Congress that—
(1) many terrorist groups secretly solicit and ex-
ploit the resources of international nongovernmental
organizations, companies, and wealthy individuals;
and
(2) the Federal Government is not fully utilizing
all the tools available to it to prevent, deter, or dis-
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rupt the fundraising activities of international ter-
rorist organizations, and it should do so.
SEC. 817. IMPROVEMENT OF CONTROLS ON PATHOGENS
AND EQUIPMENT FOR PRODUCTION OF BIO-
LOGICAL WEAPONS.
(a) REPORT ON IMPROVEMENT OF CONTROLS.—(1)
Not later than 60 days after the date of the enactment of
this Act, the Attorney General shall submit to Congress a
report on the means of improving United States controls
of biological pathogens and the equipment necessary to de-
velop, produce, or deliver biological weapons.
(2) The Attorney General shall prepare the report
under paragraph (1) in consultation with the Secretary of
Defense, the Secretary of the Treasury, the Secretary of
Commerce, the Secretary of Health and Human Services,
the Secretary of Agriculture, the Director of Central Intel-
ligence, the Commissioner of Customs, and other appro-
priate Federal officials.
(3) The report under paragraph (1) shall include—
(A) a list of the equipment identified under that
paragraph as critical to the development, production,
or delivery of biological weapons;
(B) recommendations, if any, for legislation to
make illegal the possession of the equipment identified
under subparagraph (A), for other than a legitimate
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purpose, including attempts and conspiracies to do
the same;
(C) recommendations, if any, for legislation to
control the domestic sale and transfer of the equip-
ment identified under subparagraph (A); and
(D) recommendations, if any, for legislation to
require the tagging or other means of marking of the
equipment identified under subparagraph (A).
(b) IMPROVED SECURITY OF FACILITIES.—(1) Com-
mencing not later than 60 days after the date of the enact-
ment of this Act, the President shall undertake appropriate
actions to enhance the standards for the physical protection
and security of the biological pathogens described in sub-
section (a) at the research laboratories and other govern-
ment and private facilities in the United States that create,
possess, handle, store, or transport such pathogens in order
to protect against the theft or other wrongful diversion of
such pathogens.
(2) Not later than six months after the date of the en-
actment of this Act, the President shall submit to Congress
a report on the actions undertaken under paragraph (1).
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SEC. 818. REIMBURSEMENT OF PERSONNEL PERFORMING
COUNTERTERRORISM DUTIES FOR PROFES-
SIONAL LIABILITY INSURANCE.
(a) REQUIREMENT FOR FULL REIMBURSEMENT.—(1)
Notwithstanding any other provision of law and subject to
paragraph (2), the head of an agency employing a qualified
employee shall reimburse the qualified employee for the costs
incurred by the employee for professional liability insur-
ance.
(2) Reimbursement of a qualified employee under
paragraph (1) shall be contingent on the submission by the
qualified employee to the head of the agency concerned of
such information or documentation as the head of the agen-
cy concerned shall require.
(3) Amounts for reimbursements under paragraph (1)
shall be derived from amounts available to the agency con-
cerned for salaries and expenses.
(b) QUALIFIED EMPLOYEE.—In this section, the term
‘‘qualified employee’’ means an employee of an agency
whose position is that of—
(1) a law enforcement officer performing official
counterterrorism duties; or
(2) an official of an element of the intelligence
community performing official counterterrorism du-
ties outside the United States.
(c) DEFINITIONS.—In this section:
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(1) AGENCY.—The term ‘‘agency’’ means any
Executive agency, as that term is defined in section
105 of title 5, United States Code, and includes any
agency of the legislative branch of Government.
(2) ELEMENT
OF
THE
INTELLIGENCE
COMMU-
NITY.—The term ‘‘element of the intelligence commu-
nity’’ means any element of the intelligence commu-
nity specified or designated under section 3(4) of the
National Security Act of 1947 (50 U.S.C. 401a(4)).
(3) LAW ENFORCEMENT OFFICER; PROFESSIONAL
LIABILITY INSURANCE.—The terms ‘‘law enforcement
officer’’ and ‘‘professional liability insurance’’ have
the meanings given those terms in section 636(c) of
the Treasury, Postal Service, and General Govern-
ment Appropriations Act, 1997 (5 U.S.C. prec. 5941
note).
Subtitle B—Criminal Matters
SEC. 831. LAUNDERING OF PROCEEDS OF TERRORISM.
Section 1956(c)(7)(D) of title 18, United States Code,
is amending by inserting ‘‘or 2339B’’ after ‘‘2339A’’.
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SEC. 832. MODIFICATION OF AUTHORITIES RELATING TO
USE OF PEN REGISTERS AND TRAP AND
TRACE DEVICES.
(a) GENERAL LIMITATION ON USE BY GOVERNMENTAL
AGENCIES.—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 and elec-
tronic communications’’.
(b) ISSUANCE OF ORDERS.—
(1) IN GENERAL.—Subsection (a) of section 3123
of that title is amended to read as follows:
‘‘(a) IN GENERAL.—(1) Upon an application made
under section 3122(a)(1) of this title, the court shall enter
an ex parte order authorizing the installation and use of
a pen register or trap and trace device if the court finds
that the attorney for the Government has certified to the
court that the information likely to be obtained by such in-
stallation and use is relevant to an ongoing criminal inves-
tigation. The order shall, upon service of the order, apply
to any entity providing wire or electronic communication
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izing installation and use of a trap and trace de-
vice under subsection (a)(2), the geographic lim-
its of the order; and’’.
(3) 
NONDISCLOSURE
REQUIREMENTS.—Sub-
section (d)(2) of that section 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) EMERGENCY INSTALLATION.—
(1) AUTHORITY
FOR
UNITED
STATES
ATTOR-
NEYS.—Section 3125(a) of that title is amended in
the matter preceding paragraph (1) by striking ‘‘or
any Deputy Assistant Attorney General,’’ and insert-
ing ‘‘any Deputy Assistant Attorney General, or any
United States Attorney,’’.
(2) 
EXPANSION
OF
EMERGENCY
CIR-
CUMSTANCES.—Section 3125(a)(1) of that title is
amended—
(A) in subparagraph (A), by striking ‘‘or’’
at the end;
(B) in subparagraph (B), by striking the
comma at the end and inserting a semicolon;
and
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(C) by inserting after subparagraph (B) the
following new subparagraphs:
‘‘(C) immediate threat to the national secu-
rity interests of the United States;
‘‘(D) immediate threat to public health or
safety; or
‘‘(E) an attack on the integrity or avail-
ability of a protected computer which attack
would be an offense punishable under section
1030(c)(2)(C) of this title,’’.
(d) DEFINITIONS.—
(1) COURT
OF
COMPETENT
JURISDICTION.—
Paragraph (2) of section 3127 of that title is amended
by striking subparagraph (A) and inserting the fol-
lowing new subparagraph (A):
‘‘(A) any district court of the United States
(including a magistrate judge of such a court) or
any United States Court of Appeals having ju-
risdiction over the offense being investigated; or’’.
(2) PEN REGISTER.—Paragraph (3) of that sec-
tion is amended—
(A) by striking ‘‘electronic or other im-
pulses’’ and all that follows through ‘‘is at-
tached’’ and inserting ‘‘dialing, routing, address-
ing, or signalling information transmitted by an
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instrument or facility from which a wire or elec-
tronic communication is transmitted’’; and
(B) by inserting ‘‘or process’’ after ‘‘device’’
each place it appears.
(3) TRAP AND TRACE DEVICE.—Paragraph (4) of
that section is amended—
(A) by inserting ‘‘or process’’ after ‘‘a de-
vice’’; and
(B) by striking ‘‘of an instrument’’ and all
that follows through the end and inserting ‘‘or
other dialing, routing, addressing, and signalling
information relevant to identifying the source of
a wire or electronic communication;’’.
SEC. 833. AUTHORITY TO INTERCEPT WIRE, ORAL, AND
ELECTRONIC 
COMMUNICATIONS 
RELATING
TO TERRORISM OFFENSES.
Section 2516(1) of title 18, United States Code, is
amended—
(1) by redesignating paragraph (p), as so redes-
ignated 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 redes-
ignated by section 201(3) of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996
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(division C of Public Law 104–208; 110 Stat. 3009–
565), the following new paragraph:
‘‘(q) any criminal violation of sections
2332, 2332a, 2332b, 2332d, 2339A, or 2339B of
this title (relating to terrorism); or’’.
SEC. 834. AUTHORITY TO INTERCEPT WIRE, ORAL, AND
ELECTRONIC 
COMMUNICATIONS 
RELATING
TO COMPUTER FRAUD AND ABUSE.
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 com-
puter fraud and abuse),’’.
This Act may be cited as the ‘‘Departments of Com-
merce, Justice, and State, the Judiciary, and Related Agen-
cies Appropriations Act, 2002.’’
Attest:
Secretary.