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In addition, for administrative expenses to carry out
the direct loan program, $125,354,000, which may be trans-
ferred to and merged with appropriations for Salaries and
Expenses, of which $500,000 is for the Office of Inspector
General of the Small Business Administration for audits
and reviews of disaster loans and the disaster loan program
and shall be transferred to and merged with appropriations
for the Office of Inspector General; of which $115,000,000
is for direct administrative expenses of loan making and
servicing to carry out the direct loan program; and of which
$9,854,000 is for indirect administrative expenses: Pro-
vided, That any amount in excess of $9,854,000 to be trans-
ferred to and merged with appropriations for Salaries and
Expenses for indirect administrative expenses shall be treat-
ed as a reprogramming of funds under section 605 of this
Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that
section.
ADMINISTRATIVE PROVISION—SMALL BUSINESS
ADMINISTRATION
Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Small Business
Administration in this Act may be transferred between such
appropriations, but no such appropriation shall be in-
creased by more than 10 percent by any such transfers: Pro-
vided, That any transfer pursuant to this paragraph shall
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be treated as a reprogramming of funds under section 605
of this Act and shall not be available for obligation or ex-
penditure except in compliance with the procedures set forth
in that section.
STATE JUSTICE INSTITUTE
SALARIES AND EXPENSES
For necessary expenses of the State Justice Institute,
as authorized by the State Justice Institute Authorization
Act of 1992 (Public Law 102–572; 106 Stat. 4515–4516),
$6,225,000, to remain available until expended: Provided,
That not to exceed $2,500 shall be available for official re-
ception and representation expenses.
UNITED STATES-CANADA ALASKA RAIL COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the ‘‘United States-Canada
Alaska Rail Commission’’, as authorized by Title III of
Public Law 106–520, $4,000,000, to remain available until
expended.
TITLE VI—GENERAL PROVISIONS
SEC. 601. No part of any appropriation contained in
this Act shall be used for publicity or propaganda purposes
not authorized by the Congress.
SEC. 602. No part of any appropriation contained in
this Act shall remain available for obligation beyond the
current fiscal year unless expressly so provided herein.
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SEC. 603. The expenditure of any appropriation under
this Act for any consulting service through procurement
contract, pursuant to 5 U.S.C. 3109, shall be limited to
those contracts where such expenditures are a matter of pub-
lic record and available for public inspection, except where
otherwise provided under existing law, or under existing
Executive order issued pursuant to existing law.
SEC. 604. (a) The caption for section 504 of title 28,
United States Code, is amended by replacing ‘‘Attorney’’
with ‘‘Attorneys’’.
(b) Section 504 of title 28, United States Code, is
amended by inserting after ‘‘General’’ the following, ‘‘and
a Deputy Attorney General for Combating Domestic Ter-
rorism’’.
(c) There is established within the Department of Jus-
tice the position of Deputy Attorney General for Combating
Domestic Terrorism, who shall be appointed by the Presi-
dent, by and with the advice and consent of the Senate.
(d) Subject to the authority of the Attorney General,
the Deputy Attorney General for Combating Domestic Ter-
rorism shall serve as the principal advisor to the Attorney
General on, and, with the Deputy Director of the Federal
Emergency Management Agency, serve as one of two key
government 
officials 
responsible 
for 
domestic
counterterrorism and antiterrorism policy.
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(e) The Deputy Attorney General for Combating Ter-
rorism together with the Deputy Director of the Federal
Emergency Management Agency shall coordinate all func-
tions of the Federal Government related to domestic
counterterrorism and antiterrorism activities, including—
(1) the development of a National Strategy for
Combating Domestic Terrorism that shall establish
national policies, objectives, and priorities for pre-
venting, preparing for, and responding to domestic
terrorism within the United States;
(2) the coordination of the implementation of the
National Strategy for Combating Domestic Terrorism
by the departments and agencies of the Federal Gov-
ernment and by State and local entities with respon-
sibilities for combating domestic terrorism; and
(3) the recommendation of changes in the organi-
zation and management of Federal departments and
agencies and State and local entities engaged in com-
bating domestic terrorism to the Congress, the Presi-
dent, the Vice President, the Attorney General, and
the Director of the Federal Emergency Management
Agency.
(f) Subject to the authority of the Attorney General,
the Deputy Attorney General for Combating Domestic Ter-
rorism shall be responsible for State and local preparedness
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for weapons of mass destruction, security classifications
and clearances within the Department of Justice, and con-
tingency operations within the Department of Justice.
(g) For necessary expenses of the Office of the Deputy
Attorney General for Combating Domestic Terrorism,
$23,000,000, to remain available until expended.
(h) Notwithstanding any other provision of law, all
authorities, liabilities, funding, personnel, equipment, and
real property associated with the Office of State and Local
Domestic Preparedness Support, the National Domestic
Preparedness Office, the Executive Office of National Secu-
rity, and such components which relate to domestic
counterterrorism and antiterrorism activities in the Office
of Intelligence Policy and Review as are appropriate shall
be transferred to the Deputy Attorney General for Com-
bating Domestic Terrorism not later than 90 days after en-
actment of this Act.
SEC. 605. (a) None of the funds provided under this
Act, or provided under previous appropriations Acts to the
agencies funded by this Act that remain available for obli-
gation or expenditure in fiscal year 2002, or provided from
any accounts in the Treasury of the United States derived
by the collection of fees available to the agencies funded by
this Act, shall be available for obligation or expenditure
through a reprogramming of funds which: (1) creates new
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programs; (2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or re-
stricted; (4) relocates an office or employees; (5) reorganizes
offices, programs, or activities; or (6) contracts out or
privatizes any functions, or activities presently performed
by Federal employees; unless the Appropriations Commit-
tees of both Houses of Congress are notified 15 days in ad-
vance of such reprogramming of funds.
(b) None of the funds provided under this Act, or pro-
vided under previous appropriations Acts to the agencies
funded by this Act that remain available for obligation or
expenditure in fiscal year 2002, or provided from any ac-
counts in the Treasury of the United States derived by the
collection of fees available to the agencies funded by this
Act, shall be available for obligation or expenditure for ac-
tivities, programs, or projects through a reprogramming of
funds in excess of $500,000 or 10 percent, whichever is less,
that: (1) augments existing programs, projects, or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent
as approved by Congress; or (3) results from any general
savings from a reduction in personnel which would result
in a change in existing programs, activities, or projects as
approved by Congress; unless the Appropriations Commit-
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tees of both Houses of Congress are notified 15 days in ad-
vance of such reprogramming of funds.
SEC. 606. Section 286(d) of Public Law 82–414, as
amended, is further amended—
(1) in subsection (d), by striking ‘‘$6’’ and in-
serting ‘‘$6.50’’; and
(2) in subsection (h), by adding at the end the
following new paragraph:
‘‘(3) Not less than nine percent of the total
amounts deposited under this subsection in a fiscal
year shall be available only to automate or otherwise
improve the speed, accuracy, or security of the inspec-
tion process.’’.
SEC. 607. None of the funds made available in this
Act may be used for the construction, repair (other than
emergency repair), overhaul, conversion, or modernization
of vessels for the National Oceanic and Atmospheric Admin-
istration in shipyards located outside of the United States.
SEC. 608. Section 140 of Public Law 97–92 (28 U.S.C.
461 note; 95 Stat. 1200) is amended by adding at the end
the following: ‘‘This section shall apply to fiscal year 1981
and each fiscal year thereafter.’’.
SEC. 609. None of the funds made available in this
Act may be used to implement, administer, or enforce any
guidelines of the Equal Employment Opportunity Commis-
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sion covering harassment based on religion, when such
guidelines do not differ in any respect from the proposed
guidelines published by the Commission on October 1, 1993
(58 Fed. Reg. 51266).
SEC. 610. None of the funds made available by this
Act may be used for any United Nations undertaking when:
(1) the United Nations undertaking is a peacekeeping mis-
sion; (2) such undertaking will involve United States
Armed Forces under the command or operational control
of a foreign national; and (3) the President’s military advi-
sors have not submitted to the President a recommendation
that such involvement is in the national security interests
of the United States and the President has not submitted
to the Congress such a recommendation.
SEC. 611. (a) None of the funds appropriated or other-
wise made available by this Act shall be expended for any
purpose for which appropriations are prohibited by section
609 of the Departments of Commerce, Justice, and State,
the Judiciary, and Related Agencies Appropriations Act,
1999.
(b) The requirements in subparagraphs (A) and (B)
of section 609 of that Act shall continue to apply during
fiscal year 2002.
SEC. 612. Hereafter, none of the funds appropriated
or otherwise made available to the Bureau of Prisons shall
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be used to provide the following amenities or personal com-
forts in the Federal prison system—
(1) in-cell television viewing except for prisoners
who are segregated from the general prison popu-
lation for their own safety;
(2) the viewing of R, X, and NC–17 rated mov-
ies, through whatever medium presented;
(3) any instruction (live or through broadcasts)
or training equipment for boxing, wrestling, judo, ka-
rate, or other martial art, or any bodybuilding or
weightlifting equipment of any sort;
(4) possession of in-cell coffee pots, hot plates or
heating elements; or
(5) the use or possession of any electric or elec-
tronic musical instrument.
SEC. 613. Any costs incurred by a department or agen-
cy funded under this Act resulting from personnel actions
taken in response to funding reductions included in this
Act shall be absorbed within the total budgetary resources
available to such department or agency: Provided, That the
authority to transfer funds between appropriations ac-
counts as may be necessary to carry out this section is pro-
vided in addition to authorities included elsewhere in this
Act: Provided further, That use of funds to carry out this
section shall be treated as a reprogramming of funds under
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section 605 of this Act and shall not be available for obliga-
tion or expenditure except in compliance with the proce-
dures set forth in that section.
SEC. 614. Hereafter, none of the funds appropriated
or otherwise made available to the Federal Bureau of Pris-
ons may be used to distribute or make available any com-
mercially published information or material to a prisoner
when such information or material is sexually explicit or
features nudity.
SEC. 615. (a) None of the funds appropriated or other-
wise made available by this Act shall be expended for any
purpose for which appropriations are prohibited by section
616 of the Departments of Commerce, Justice, and State,
the Judiciary, and Related Agencies Appropriations Act,
1999, as amended.
(b) The requirements in subsections (b) and (c) of sec-
tion 616 of that Act shall continue to apply during fiscal
year 2002.
SEC. 616. None of the funds appropriated pursuant
to this Act or any other provision of law may be used for:
(1) the implementation of any tax or fee in connection with
the implementation of 18 U.S.C. 922(t); and (2) any system
to implement 18 U.S.C. 922(t) that does not require and
result in the destruction of any identifying information
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submitted by or on behalf of any person who has been deter-
mined not to be prohibited from owning a firearm.
SEC. 617. Notwithstanding any other provision of law,
amounts deposited or available in the Fund established
under 42 U.S.C. 10601 in any fiscal year in excess of
$576,462,000 shall not be available for obligation until the
following fiscal year.
SEC. 618. Hereafter, none of the funds appropriated
or otherwise made available to the Department of State and
the Department of Justice shall be available for the purpose
of granting either immigrant or nonimmigrant visas, or
both, consistent with the Secretary’s determination under
section 243(d) of the Immigration and Nationality Act, to
citizens, subjects, nationals, or residents of countries that
the Attorney General has determined deny or unreasonably
delay accepting the return of citizens, subjects, nationals,
or residents under that section.
SEC. 619. None of the funds made available to the De-
partment of Justice in this Act may be used for the purpose
of transporting an individual who is a prisoner pursuant
to conviction for crime under State or Federal law and is
classified as a maximum or high security prisoner, other
than to a prison or other facility certified by the Federal
Bureau of Prisons as appropriately secure for housing such
a prisoner.
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SEC. 620. Section 504(a)(16) of the Commerce, Justice,
and State, the Judiciary, and Related Agencies Appropria-
tions Act, 1996 (110 Stat. 1321–55; Public Law 104–134)
is amended by striking beginning with ‘‘, except that’’
through ‘‘representation’’.
SEC. 621. The requirements of section 312(a)(3) of the
Magnuson-Stevens Fishery Conservation and Management
Act shall not apply to funds made available by section 2201
of Public Law 106–246.
SEC. 622. (a) Section 203(i) of the Act entitled ‘‘An
Act to approve a governing international agreement be-
tween the United States and the Republic of Poland, and
for other purposes’’, approved November 13, 1998, is
amended by striking ‘‘2001’’ and inserting ‘‘2006’’.
(b) Section 203 of such Act, as amended by subsection
(a), is further amended by adding at the end the following:
‘‘(j) Not later than December 31, 2001, and every 2
years thereafter, the Pacific State Marine Fisheries Com-
mission shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Com-
mittee on Resources of the House of Representatives a report
on the health and management of the Dungeness Crab fish-
ery located off the coasts of the States of Washington, Or-
egon, and California.’’.
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SEC. 623. None of the funds made available in this
Act may be used by the Department of Justice or the De-
partment of State to file a motion in any court opposing
a civil action against any Japanese person or corporation
for compensation or reparations in which the plaintiff al-
leges that, as an American prisoner of war during World
War II, he or she was used as slave or forced labor.
SEC. 624. None of the funds appropriated or otherwise
made available by this Act shall be available for cooperation
with, or assistance or other support to, the International
Criminal Court or the Preparatory Commission. This sub-
section shall not be construed to apply to any other entity
outside the Rome treaty.
SEC. 625. PROHIBITION
ON SALE
OF DISASTER
LOANS. Notwithstanding any other provision of law, no
amount made available under this Act may be used to sell
any disaster loan authorized by section 7(b) of the Small
Business Act (15 U.S.C. 636(b)) to any private company
or other entity.
SEC. 626. SENSE OF THE SENATE REGARDING THE
REPUBLIC
OF KOREA’S IMPROPER BAILOUT
OF HYNIX
SEMICONDUCTOR. (a) FINDINGS.—Congress finds that—
(1) the Government of the Republic of Korea over
many years has supplied aid to the Korean semicon-
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ductor industry enabling that industry to be the Re-
public of Korea’s leading exporter;
(2) this assistance has occurred through a coordi-
nated series of government programs and policies,
consisting of preferential access to credit, low-interest
loans, government grants, preferential tax programs,
government inducement of private sector loans, tariff
reductions, and other measures;
(3) in December 1997, the United States, the
International Monetary Fund (IMF), other foreign
government entities, and a group of international fi-
nancial institutions assembled an unprecedented
$58,000,000,000 financial package to prevent the Ko-
rean economy from declaring bankruptcy;
(4) as part of that rescue package, the Republic
of Korea agreed to put an end to corporate cronyism,
and to overhaul the banking and financial sectors;
(5) Korea also pledged to permit and require
banks to run on market principles, to allow and en-
able bankruptcies and workouts to occur rather than
bailouts, and to end subsidies;
(6) the Republic of Korea agreed to all of these
provisions in the Stand-by Arrangement with the
IMF dated December 3, 1997;
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(7) section 602 of the Foreign Operations, Ex-
port Financing, and Related Agencies Appropriations
Act, 1999, as enacted by section 101(d) of division A
of the Omnibus Consolidated and Emergency Supple-
mental Appropriations Act (Public Law 105–277;
112 Stat. 2681–220) specified that the United States
would not authorize further IMF payments to Korea
unless the Secretary of the Treasury certified that the
provisions of the IMF Standby Arrangement were ad-
hered to;
(8) the Secretary of the Treasury certified to
Congress on December 11, 1998, April 5, 1999, and
July 2, 1999, that the Stand-by Arrangement was
being adhered to, and assured Congress that consulta-
tions had been held with the Government of the Re-
public of Korea in connection with the certifications;
(9) the Republic of Korea has acceded to the
World Trade Organization, and to the Agreement on
Subsidies and Countervailing Measures (as defined in
section 101(d)(12) of the Uruguay Round Agreements
Act);
10) the Agreement on Subsidies and Counter-
vailing Measures specifically prohibits export sub-
sidies, and makes actionable other subsidies bestowed
upon a specific enterprise that causes adverse effects;
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(11) Hynix Semiconductor is a major exporter of
semiconductor products from the Republic of Korea to
the United States; and
(12) the Republic of Korea has now engaged in
a massive $5,000,000,000 bailout of Hynix Semicon-
ductor which contravenes the commitments the Gov-
ernment of the Republic of Korea made to the IMF,
the World Trade Organization and in other agree-
ments, and the understandings and certifications
made to Congress under the Omnibus Consolidated
and Emergency Supplemental Appropriations Act,
1999.
(b) SENSE OF THE SENATE.—It is the sense of the Sen-
ate that—
(1) the Secretary of the Treasury, the Secretary
of Commerce, and the United States Trade Represent-
ative should forthwith request consultations with the
Republic of Korea under Article 4 and Article 7 of the
Agreement on Subsidies and Countervailing Measures
of the World Trade Organization, and take imme-
diately such other actions as are necessary to assure
that the improper bailout by the Republic of Korea is
stopped, and its effects fully offset or reversed;
(2) the relationship between the United States
and the Republic of Korea has been and will continue
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to be harmed significantly by the bailout of a major
exporter of products from Korea to the United States;
(3) the Republic of Korea should end imme-
diately the bailout of Hynix Semiconductor;
(4) the Republic of Korea should comply imme-
diately with its commitments to the IMF, with its
trade agreements, and with the assurances it made to
the Secretary of the Treasury; and
(5) the United States Trade Representative and
the Secretary of Commerce should monitor and report
to Congress on steps that have been taken to end this
bailout and reverse its effects.
SEC. 627. Notwithstanding any other provision of law,
no amount made available under this Act may be used to
sell any disaster loan authorized by section 7(b) of the
Small Business Act (15 U.S.C. 636(b)) to any private com-
pany or other entity.
SEC. 628. No funds appropriated by this Act may be
used by Federal prisons to purchase cable television services,
to rent or purchase videocassettes, videocassette recorders,
or other audiovisual or electronic equipment used primarily
for recreational purposes. The preceding sentence does not
preclude the renting, maintenance, or purchase of audio-
visual or electronic equipment for inmate training, reli-
gious, or educational programs.
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SEC. 629. Section 2002 of the Victims of Trafficking
and Violence Protection Act of 2000 (Public Law 106–386;
114 Stat. 1542) is amended—
(1) in subsection (a)(2)(A)—
(A) by striking ‘‘or’’ at the end of clause (i);
(B) in clause (ii)—
(i) by striking ‘‘February 17, 1999,’’
and inserting ‘‘May 17, 1996, May 7, 1997,
February 17, 1999, December 15, 1999,’’;
(ii) by inserting ‘‘October 22, 1999,’’
after ‘‘February 17, 1999,’’; and
(iii) by striking the semicolon at the
end and inserting ‘‘; or’’; and
(C) by adding at the end the following new
clause:
‘‘(iii) a member of the plaintiff class in
Case Number 1:00CV03110(ESG) in the
United States District Court for the District
of Columbia;’’; and
(2) in subsection (b)(2)—
(A) by redesignating subparagraphs (A)
and (B) as clauses (i) and (ii), respectively;
(B) by inserting ‘‘(A)’’ before ‘‘For pur-
poses’’ and
(C) by adding at the end the following:
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‘‘(B) For any judgment rendered in Case Num-
ber 1:00CV03110(ESG) in the United States District
Court for the District of Columbia, in addition to the
amounts available under subsection (a), the Secretary
of the Treasury shall make such further payment as
necessary to satisfy the judgment by—
‘‘(i) liquidating those assets without third
party interest of those countries designated as
state sponsors of terrorism, under section 40(d)
of the Arms Control Act or section 6(i) of the Ex-
port Administration Act of 1979, held or blocked
by the United States; and
‘‘(ii) in the event the judgment remains not
fully satisfied after such liquidation, using any
other available means collect from Iran, with
one-third of any amount collected by these other
means to be remitted to the Treasury of the
United States.’’.
SEC. 630. Clause (ii) of section 621(5)(A) of the Com-
munications Satellite Act of 1962 (47 U.S.C. 763(5)(A)) is
amended by striking ‘‘on or about October 1, 2000,’’ and
all that follows through the end and inserting ‘‘not later
than December 31, 2001, except that the Commission may
extend this deadline to not later than June 30, 2003.
SEC. 631. (a) The Senate finds that—
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(1) all Americans are united in condemning, in
the strongest possible terms, the terrorists who
planned and carried out the September 11, 2001 at-
tacks against the United States as well as their spon-
sors, and in pursuing all of those responsible until
they are brought to justice and punished;
(2) the Arab American and American Muslim
communities, are a vital part of our nation;
(3) the prayer of Cardinal Theodore McCarrick,
the Archbishop of Washington in a Mass on Sep-
tember 12, 2001 for our Nation and the victims in the
immediate aftermath of the terrorist hijackings and
attacks in New York City, Washington, D.C., and
Pennsylvania reminds all Americans that ‘‘we must
seek the guilty and not strike out against the innocent
or we become like them who are without moral guid-
ance or direction’’;
(4) the heads of state of several Arab and pre-
dominantly Moslem countries have condemned the ter-
rorist attacks in the United States and the senseless
loss of innocent lives; and
(5) vengeful threats and incidents directed at
law-abiding, patriotic Americans of Arab descent and
Islamic faith have already occurred such as shots
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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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service in the United States whose assistance is required
to effectuate the order.
‘‘(2) Upon an application made under section
3122(a)(2) 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 within the jurisdiction of the court
if the court finds that the State investigative or law enforce-
ment 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.—Subsection (b)(1) of
that section 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 in-
serting the following new subparagraph (C):
‘‘(C) a description 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 author-
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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’’.
Passed the House of Representatives July 18, 2001.
Attest:
JEFF TRANDAHL,
Clerk.
Passed the Senate September 13, 2001.
Attest:
JERI THOMSON,
Secretary.