H. R. 3162—105
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 sys-
tems.’’.
SEC. 802. DEFINITION OF DOMESTIC TERRORISM.
(a) DOMESTIC TERRORISM DEFINED.—Section 2331 of title 18,
United States Code, is amended—
(1) in paragraph (1)(B)(iii), by striking ‘‘by assassination
or kidnapping’’ and inserting ‘‘by mass destruction, assassina-
tion, 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 inter-
national terrorism as defined in section 2331;’’.
SEC. 803. PROHIBITION AGAINST HARBORING TERRORISTS.
(a) IN GENERAL.—Chapter 113B of title 18, United States Code,
is amended by adding after section 2338 the following new section:
‘‘§ 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 destruc-
tion 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 tran-
scending national boundaries) of this title, section 236(a) (relating
to sabotage of nuclear facilities or fuel) of the Atomic Energy Act
H. R. 3162—106
of 1954 (42 U.S.C. 2284(a)), or section 46502 (relating to aircraft
piracy) of title 49, shall be fined under this title or imprisoned
not more than ten years, or both.’’.
‘‘(b) A violation of this section may be prosecuted in any Federal
judicial district in which the underlying offense was committed,
or in any other Federal judicial district as provided by law.’’.
(b) TECHNICAL AMENDMENT.—The chapter analysis for chapter
113B of title 18, United States Code, is amended by inserting
after the item for section 2338 the following:
‘‘2339. Harboring or concealing terrorists.’’.
SEC. 804. JURISDICTION OVER CRIMES COMMITTED AT U.S. FACILITIES
ABROAD.
Section 7 of title 18, United States Code, is amended by adding
at the end the following:
‘‘(9) With respect to offenses committed by or against a
national of the United States as that term is used in section
101 of the Immigration and Nationality Act—
‘‘(A) the premises of United States diplomatic, consular,
military or other United States Government missions or
entities in foreign States, including the buildings, parts
of buildings, and land appurtenant or ancillary thereto
or used for purposes of those missions or entities, irrespec-
tive of ownership; and
‘‘(B) residences in foreign States and the land appur-
tenant or ancillary thereto, irrespective of ownership, used
for purposes of those missions or entities or used by United
States personnel assigned to those missions or entities.
Nothing in this paragraph shall be deemed to supersede any
treaty or international agreement with which this paragraph
conflicts. This paragraph does not apply with respect to an
offense committed by a person described in section 3261(a)
of this title.’’.
SEC. 805. MATERIAL SUPPORT FOR TERRORISM.
(a) IN GENERAL.—Section 2339A of title 18, United States Code,
is amended—
(1) in subsection (a)—
(A) by striking ‘‘, within the United States,’’;
(B) by inserting ‘‘229,’’ after ‘‘175,’’;
(C) by inserting ‘‘1993,’’ after ‘‘1992,’’;
(D) by inserting ‘‘, section 236 of the Atomic Energy
Act of 1954 (42 U.S.C. 2284),’’ after ‘‘of this title’’;
(E) by inserting ‘‘or 60123(b)’’ after ‘‘46502’’; and
(F) by inserting at the end the following: ‘‘A violation
of this section may be prosecuted in any Federal judicial
district in which the underlying offense was committed,
or in any other Federal judicial district as provided by
law.’’; and
(2) in subsection (b)—
(A) by striking ‘‘or other financial securities’’ and
inserting ‘‘or monetary instruments or financial securities’’;
and
(B) by inserting ‘‘expert advice or assistance,’’ after
‘‘training,’’.
H. R. 3162—107
(b) TECHNICAL AMENDMENT.—Section 1956(c)(7)(D) of title 18,
United States Code, is amended by inserting ‘‘or 2339B’’ after
‘‘2339A’’.
SEC. 806. ASSETS OF TERRORIST ORGANIZATIONS.
Section 981(a)(1) of title 18, United States Code, is amended
by inserting at the end the following:
‘‘(G) All assets, foreign or domestic—
‘‘(i) of any individual, entity, or organization engaged
in planning or perpetrating any act of domestic or inter-
national terrorism (as defined in section 2331) against the
United States, citizens or residents of the United States,
or their property, and all assets, foreign or domestic,
affording any person a source of influence over any such
entity or organization;
‘‘(ii) acquired or maintained by any person with the
intent and for the purpose of supporting, planning, con-
ducting, or concealing an act of domestic or international
terrorism (as defined in section 2331) against the United
States, citizens or residents of the United States, or their
property; or
‘‘(iii) derived from, involved in, or used or intended
to be used to commit any act of domestic or international
terrorism (as defined in section 2331) against the United
States, citizens or residents of the United States, or their
property.’’.
SEC. 807. TECHNICAL CLARIFICATION RELATING TO PROVISION OF
MATERIAL SUPPORT TO TERRORISM.
No provision of the Trade Sanctions Reform and Export
Enhancement Act of 2000 (title IX of Public Law 106–387) shall
be construed to limit or otherwise affect section 2339A or 2339B
of title 18, United States Code.
SEC. 808. DEFINITION OF FEDERAL CRIME OF TERRORISM.
Section 2332b of title 18, United States Code, is amended—
(1) in subsection (f), by inserting ‘‘and any violation of
section 351(e), 844(e), 844(f)(1), 956(b), 1361, 1366(b), 1366(c),
1751(e), 2152, or 2156 of this title,’’ before ‘‘and the Secretary’’;
and
(2) in subsection (g)(5)(B), by striking clauses (i) through
(iii) and inserting the following:
‘‘(i) section 32 (relating to destruction of aircraft
or aircraft facilities), 37 (relating to violence at inter-
national airports), 81 (relating to arson within special
maritime and territorial jurisdiction), 175 or 175b
(relating to biological weapons), 229 (relating to chem-
ical weapons), subsection (a), (b), (c), or (d) of section
351 (relating to congressional, cabinet, and Supreme
Court assassination and kidnaping), 831 (relating to
nuclear materials), 842(m) or (n) (relating to plastic
explosives), 844(f)(2) or (3) (relating to arson and
bombing of Government property risking or causing
death), 844(i) (relating to arson and bombing of prop-
erty 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
H. R. 3162—108
persons abroad), 1030(a)(1) (relating to protection of
computers), 1030(a)(5)(A)(i) resulting in damage as
defined in 1030(a)(5)(B)(ii) through (v) (relating to
protection of computers), 1114 (relating to killing or
attempted killing of officers and employees of the
United States), 1116 (relating to murder or man-
slaughter of foreign officials, official guests, or inter-
nationally protected persons), 1203 (relating to hostage
taking), 1362 (relating to destruction of communication
lines, stations, or systems), 1363 (relating to injury
to buildings or property within special maritime and
territorial jurisdiction of the United States), 1366(a)
(relating to destruction of an energy facility), 1751(a),
(b), (c), or (d) (relating to Presidential and Presidential
staff assassination and kidnaping), 1992 (relating to
wrecking trains), 1993 (relating to terrorist attacks
and other acts of violence against mass transportation
systems), 2155 (relating to destruction of national
defense materials, premises, or utilities), 2280 (relating
to violence against maritime navigation), 2281 (relating
to violence against maritime fixed platforms), 2332
(relating to certain homicides and other violence
against United States nationals occurring outside of
the United States), 2332a (relating to use of weapons
of mass destruction), 2332b (relating to acts of ter-
rorism 
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 incen-
diary devices, or endangerment of human life by means
of weapons, on aircraft), section 46506 if homicide or
attempted homicide is involved (relating to application
of certain criminal laws to acts on aircraft), or section
60123(b) (relating to destruction of interstate gas or
hazardous liquid pipeline facility) of title 49.’’.
SEC. 809. NO STATUTE OF LIMITATION FOR CERTAIN TERRORISM
OFFENSES.
(a) IN GENERAL.—Section 3286 of title 18, United States Code,
is amended to read as follows:
‘‘§ 3286. Extension of statute of limitation for certain ter-
rorism offenses
‘‘(a) EIGHT-YEAR LIMITATION.—Notwithstanding section 3282,
no person shall be prosecuted, tried, or punished for any noncapital
offense involving a violation of any provision listed in section
2332b(g)(5)(B), or a violation of section 112, 351(e), 1361, or 1751(e)
of this title, or section 46504, 46505, or 46506 of title 49, unless
H. R. 3162—109
the indictment is found or the information is instituted within
8 years after the offense was committed. Notwithstanding the pre-
ceding sentence, offenses listed in section 3295 are subject to the
statute of limitations set forth in that section.
‘‘(b) NO LIMITATION.—Notwithstanding any other law, an indict-
ment may be found or an information instituted at any time without
limitation for any offense listed in section 2332b(g)(5)(B), if the
commission of such offense resulted in, or created a forseeable
risk of, death or serious bodily injury to another person.’’.
(b) APPLICATION.—The amendments made by this section shall
apply to the prosecution of any offense committed before, on, or
after the date of the enactment of this section.
SEC. 
810. 
ALTERNATE 
MAXIMUM 
PENALTIES 
FOR 
TERRORISM
OFFENSES.
(a) ARSON.—Section 81 of title 18, United States Code, is
amended in the second undesignated paragraph by striking ‘‘not
more than twenty years’’ and inserting ‘‘for any term of years
or for life’’.
(b) DESTRUCTION OF AN ENERGY FACILITY.—Section 1366 of
title 18, United States Code, is amended—
(1) in subsection (a), by striking ‘‘ten’’ and inserting ‘‘20’’;
and
(2) by adding at the end the following:
‘‘(d) Whoever is convicted of a violation of subsection (a) or
(b) that has resulted in the death of any person shall be subject
to imprisonment for any term of years or life.’’.
(c) MATERIAL SUPPORT TO TERRORISTS.—Section 2339A(a) of
title 18, United States Code, is amended—
(1) by striking ‘‘10’’ and inserting ‘‘15’’; and
(2) by striking the period and inserting ‘‘, and, if the death
of any person results, shall be imprisoned for any term of
years or for life.’’.
(d) MATERIAL SUPPORT
TO DESIGNATED FOREIGN TERRORIST
ORGANIZATIONS.—Section 2339B(a)(1) of title 18, United States
Code, is amended—
(1) by striking ‘‘10’’ and inserting ‘‘15’’; and
(2) by striking the period after ‘‘or both’’ and inserting
‘‘, and, if the death of any person results, shall be imprisoned
for any term of years or for life.’’.
(e) DESTRUCTION OF NATIONAL-DEFENSE MATERIALS.—Section
2155(a) of title 18, United States Code, is amended—
(1) by striking ‘‘ten’’ and inserting ‘‘20’’; and
(2) by striking the period at the end and inserting ‘‘, and,
if death results to any person, shall be imprisoned for any
term of years or for life.’’.
(f) SABOTAGE OF NUCLEAR FACILITIES OR FUEL.—Section 236
of the Atomic Energy Act of 1954 (42 U.S.C. 2284), is amended—
(1) by striking ‘‘ten’’ each place it appears and inserting
‘‘20’’;
(2) in subsection (a), by striking the period at the end
and inserting ‘‘, and, if death results to any person, shall
be imprisoned for any term of years or for life.’’; and
(3) in subsection (b), by striking the period at the end
and inserting ‘‘, and, if death results to any person, shall
be imprisoned for any term of years or for life.’’.
H. R. 3162—111
(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 ATTEND-
ANTS.—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 HAZ-
ARDOUS LIQUID PIPELINE FACILITY.—Section 60123(b) of title 49,
United States Code, is amended—
(1) by striking ‘‘, or attempting to damage or destroy,’’;
and
(2) by inserting ‘‘, or attempting or conspiring to do such
an act,’’ before ‘‘shall be fined’’.
SEC. 812. POST-RELEASE SUPERVISION OF TERRORISTS.
Section 3583 of title 18, United States Code, is amended by
adding at the end the following:
‘‘(j) SUPERVISED RELEASE TERMS FOR TERRORISM PREDICATES.—
Notwithstanding subsection (b), the authorized term of supervised
release for any offense listed in section 2332b(g)(5)(B), the commis-
sion of which resulted in, or created a foreseeable risk of, death
or serious bodily injury to another person, is any term of years
or life.’’.
SEC. 813. INCLUSION OF ACTS OF TERRORISM AS RACKETEERING
ACTIVITY.
Section 1961(1) of title 18, United States Code, is amended—
(1) by striking ‘‘or (F)’’ and inserting ‘‘(F)’’; and
(2) by inserting before the semicolon at the end the fol-
lowing: ‘‘, or (G) any act that is indictable under any provision
listed in section 2332b(g)(5)(B)’’.
SEC. 814. DETERRENCE AND PREVENTION OF CYBERTERRORISM.
(a) CLARIFICATION
OF
PROTECTION
OF
PROTECTED
COM-
PUTERS.—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 redesig-
nated; and
(4) by adding at the end the following:
H. R. 3162—112
‘‘(B) by conduct described in clause (i), (ii), or (iii)
of subparagraph (A), caused (or, in the case of an attempted
offense, would, if completed, have caused)—
‘‘(i) loss to 1 or more persons during any 1-year
period (and, for purposes of an investigation, prosecu-
tion, or other proceeding brought by the United States
only, loss resulting from a related course of conduct
affecting 1 or more other protected computers) aggre-
gating at least $5,000 in value;
‘‘(ii) the modification or impairment, or potential
modification or impairment, of the medical examina-
tion, diagnosis, treatment, or care of 1 or more individ-
uals;
‘‘(iii) physical injury to any person;
‘‘(iv) a threat to public health or safety; or
‘‘(v) damage affecting a computer system used by
or for a government entity in furtherance of the
administration of justice, national defense, or national
security;’’.
(b) PROTECTION FROM EXTORTION.—Section 1030(a)(7) of title
18, United States Code, is amended by striking ‘‘, firm, association,
educational institution, financial institution, government entity, or
other legal entity,’’.
(c) PENALTIES.—Section 1030(c) of title 18, United States Code,
is amended—
(1) in paragraph (2)—
(A) in subparagraph (A) —
(i) by inserting ‘‘except as provided in subpara-
graph (B),’’ before ‘‘a fine’’;
(ii) 
by 
striking 
‘‘(a)(5)(C)’’ 
and 
inserting
‘‘(a)(5)(A)(iii)’’; and
(iii) by striking ‘‘and’ at the end;
(B) in subparagraph (B), by inserting ‘‘or an attempt
to commit an offense punishable under this subparagraph,’’
after ‘‘subsection (a)(2),’’ in the matter preceding clause
(i); and
(C) in subparagraph (C), by striking ‘‘and’’ at the end;
(2) in paragraph (3)—
(A) by striking ‘‘, (a)(5)(A), (a)(5)(B),’’ both places it
appears; and
(B) by striking ‘‘(a)(5)(C)’’ and inserting ‘‘(a)(5)(A)(iii)’’;
and
(3) by adding at the end the following:
‘‘(4)(A) a fine under this title, imprisonment for not more
than 10 years, or both, in the case of an offense under sub-
section (a)(5)(A)(i), or an attempt to commit an offense punish-
able 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 sub-
section (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.’’.
H. R. 3162—113
(d) DEFINITIONS.—Section 1030(e) of title 18, United States
Code is amended—
(1) in paragraph (2)(B), by inserting ‘‘, including a computer
located outside the United States that is used in a manner
that affects interstate or foreign commerce or communication
of the United States’’ before the semicolon;
(2) in paragraph (7), by striking ‘‘and’’ at the end;
(3) by striking paragraph (8) and inserting the following:
‘‘(8) the term ‘damage’ means any impairment to the integ-
rity or availability of data, a program, a system, or informa-
tion;’’;
(4) in paragraph (9), by striking the period at the end
and inserting a semicolon; and
(5) by adding at the end the following:
‘‘(10) the term ‘conviction’ shall include a conviction under
the law of any State for a crime punishable by imprisonment
for more than 1 year, an element of which is unauthorized
access, or exceeding authorized access, to a computer;
‘‘(11) the term ‘loss’ means any reasonable cost to any
victim, including the cost of responding to an offense, con-
ducting a damage assessment, and restoring the data, program,
system, or information to its condition prior to the offense,
and any revenue lost, cost incurred, or other consequential
damages incurred because of interruption of service; and
‘‘(12) the term ‘person’ means any individual, firm, corpora-
tion, educational institution, financial institution, governmental
entity, or legal or other entity.’’.
(e) DAMAGES IN CIVIL ACTIONS.—Section 1030(g) of title 18,
United States Code is amended—
(1) by striking the second sentence and inserting the fol-
lowing: ‘‘A civil action for a violation of this section may be
brought only if the conduct involves 1 of the factors set forth
in clause (i), (ii), (iii), (iv), or (v) of subsection (a)(5)(B). Damages
for a violation involving only conduct described in subsection
(a)(5)(B)(i) are limited to economic damages.’’; and
(2) by adding at the end the following: ‘‘No action may
be brought under this subsection for the negligent design or
manufacture of computer hardware, computer software, or
firmware.’’.
(f) AMENDMENT OF SENTENCING GUIDELINES RELATING TO CER-
TAIN COMPUTER FRAUD
AND ABUSE.—Pursuant to its authority
under section 994(p) of title 28, United States Code, the United
States Sentencing Commission shall amend the Federal sentencing
guidelines to ensure that any individual convicted of a violation
of section 1030 of title 18, United States Code, can be subjected
to appropriate penalties, without regard to any mandatory min-
imum term of imprisonment.
SEC. 815. ADDITIONAL DEFENSE TO CIVIL ACTIONS RELATING TO PRE-
SERVING 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)’’.
H. R. 3162—114
SEC. 
816. 
DEVELOPMENT 
AND 
SUPPORT 
OF 
CYBERSECURITY
FORENSIC CAPABILITIES.
(a) IN GENERAL.—The Attorney General shall establish such
regional computer forensic laboratories as the Attorney General
considers appropriate, and provide support to existing computer
forensic laboratories, in order that all such computer forensic labora-
tories 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 Gen-
eral considers appropriate.
(b) AUTHORIZATION OF APPROPRIATIONS.—
(1) AUTHORIZATION.—There is hereby authorized to be
appropriated in each fiscal year $50,000,000 for purposes of
carrying out this section.
(2) AVAILABILITY.—Amounts appropriated pursuant to the
authorization of appropriations in paragraph (1) shall remain
available until expended.
SEC. 817. EXPANSION OF THE BIOLOGICAL WEAPONS STATUTE.
Chapter 10 of title 18, United States Code, is amended—
(1) in section 175—
(A) in subsection (b)—
(i) by striking ‘‘does not include’’ and inserting
‘‘includes’’;
(ii) by inserting ‘‘other than’’ after ‘‘system for’’;
and
(iii) by inserting ‘‘bona fide research’’ after ‘‘protec-
tive’’;
(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 pur-
pose, 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:
H. R. 3162—115
‘‘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 punish-
able 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 Immigra-
tion 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.’’.
H. R. 3162—116
TITLE IX—IMPROVED INTELLIGENCE
SEC. 901. RESPONSIBILITIES OF DIRECTOR OF CENTRAL INTEL-
LIGENCE REGARDING FOREIGN INTELLIGENCE COL-
LECTED 
UNDER 
FOREIGN 
INTELLIGENCE 
SURVEIL-
LANCE 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 para-
graph (6):
‘‘(6) establish requirements and priorities for foreign intel-
ligence information to be collected under the Foreign Intel-
ligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), and
provide assistance to the Attorney General to ensure that
information derived from electronic surveillance or physical
searches under that Act is disseminated so it may be used
efficiently and effectively for foreign intelligence purposes,
except that the Director shall have no authority to direct,
manage, or undertake electronic surveillance or physical search
operations pursuant to that Act unless otherwise authorized
by statute or Executive order;’’.
SEC. 902. INCLUSION OF INTERNATIONAL TERRORIST ACTIVITIES
WITHIN SCOPE OF FOREIGN INTELLIGENCE UNDER
NATIONAL SECURITY ACT OF 1947.
Section 3 of the National Security Act of 1947 (50 U.S.C.
401a) is amended—
(1) in paragraph (2), by inserting before the period the
following: ‘‘, or international terrorist activities’’; and
(2) in paragraph (3), by striking ‘‘and activities conducted’’
and inserting ‘‘, and activities conducted,’’.
SEC. 903. SENSE OF CONGRESS ON THE ESTABLISHMENT AND MAINTE-
NANCE 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 acquisi-
tion of information on the identity, location, finances, affiliations,
capabilities, plans, or intentions of a terrorist or terrorist organiza-
tion, 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 CON-
GRESS OF REPORTS ON INTELLIGENCE AND INTEL-
LIGENCE-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
H. R. 3162—117
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 activi-
ties of the United States Government that is required to be
submitted to Congress by an element of the intelligence commu-
nity during the effective period of this section.
(2) Any report or other matter that is required to be sub-
mitted 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 Depart-
ment of Justice during the effective period of this section.
(c) EXCEPTION FOR CERTAIN REPORTS.—For purposes of sub-
section (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 intel-
ligence 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 sub-
section (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 intel-
ligence 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 des-
ignated 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:
H. R. 3162—118
‘‘DISCLOSURE OF FOREIGN INTELLIGENCE ACQUIRED IN CRIMINAL IN-
VESTIGATIONS; 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 respon-
sibilities, shall expeditiously disclose to the Director of Central
Intelligence, pursuant to guidelines developed by the Attorney Gen-
eral 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 Intel-
ligence, 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 proce-
dures for the administration of this section, including the disclosure
of foreign intelligence by elements of the Department of Justice,
and elements of other departments and agencies of the Federal
Government, under subsection (a) and the provision of notice with
respect to criminal investigations under subsection (b).’’.
(b) CLERICAL AMENDMENT.—The table of contents in the first
section of that Act is amended by striking the item relating to
section 105B and inserting the following new items:
‘‘Sec. 105B. Disclosure of foreign intelligence acquired in criminal investigations;
notice of criminal investigations of foreign intelligence sources.
‘‘Sec. 105C. Protection of the operational files of the National Imagery and Mapping
Agency.’’.
SEC. 906. FOREIGN TERRORIST ASSET TRACKING CENTER.
(a) REPORT ON RECONFIGURATION.—Not later than February
1, 2002, the Attorney General, the Director of Central Intelligence,
and the Secretary of the Treasury shall jointly submit to Congress
a report on the feasibility and desirability of reconfiguring the
Foreign Terrorist Asset Tracking Center and the Office of Foreign
Assets Control of the Department of the Treasury in order to
establish a capability to provide for the effective and efficient anal-
ysis and dissemination of foreign intelligence relating to the finan-
cial capabilities and resources of international terrorist organiza-
tions.
H. R. 3162—119
(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 deter-
mine that it is feasible and desirable to undertake the reconfigura-
tion 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 establish-
ment 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 sub-
section (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 sys-
tems 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 capabili-
ties 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 capabili-
ties 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 intel-
ligence’’ 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