Congressional Record: September 13, 2001 (Senate)
Page S9398-S9404
TEXT OF AMENDMENTS
SA 1562. Mr. HATCH (for himself, Mrs. Feinstein, Mr. Kyl, Mr. DeWine,
Mr. Sessions, Mr. Thompson, Mr. Thurmond, and Mr. McCain) proposed an
amendment to the bill H.R. 2500, making appropriations for the
Departments of Commerce, Justice, and State, the Judiciary, and related
agencies for the fiscal year ending September 30, 2002, and for other
purposes; as follows:
On page 116, between lines 9 and 10, insert the following:
TITLE VIII--TERRORISM
SEC. 801. SHORT TITLE.
This title may be cited as the ``Combating Terrorism Act of
2001''.
SEC. 812. ASSESSMENT OF NATIONAL GUARD CAPABILITIES TO
PREEMPTIVELY DISRUPT DOMESTIC TERRORIST 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 disrupt 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 discovered 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 enforcement intelligence
dissemination capabilities, that are necessary to effect a
credible, preemptive strike capability for the National Guard
against a terrorist attack 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 organizations
possessing weapons of mass destruction materials in the
United States.
SEC. 813. LONG-TERM RESEARCH AND DEVELOPMENT TO ADDRESS
CATASTROPHIC TERRORIST ATTACKS.
(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 technology to
prevent or address terrorist attacks in the future,
particularly attacks involving chemical, biological, 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 long-
term research and development with respect science and
technology necessary to prevent, preempt, detect, interdict,
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 established 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 perpetrated by a
state, substate, or nonstate actor that involves mass
casualties or the use of a weapon of mass destruction.
SEC. 814. REVIEW OF AUTHORITY OF FEDERAL AGENCIES TO ADDRESS
CATASTROPHIC TERRORIST ATTACKS.
(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 Defense, 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 submit
to Congress a report on the review conducted under subsection
(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 respond
to, and to prevent, preempt, detect, and interdict,
catastrophic 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
casualties or the use of a weapon of mass destruction.
SEC. 815. GUIDELINES ON RECRUITMENT OF TERRORIST INFORMANTS.
The Director of Central Intelligence shall rescind the
provisions of the 1995 Central Intelligence Agency guidelines
on recruitment of terrorist informants that relate to the
recruitment of persons who have access to intelligence
related terrorist plans, intentions and capabilities.
SEC. 816. 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 President shall submit to
Congress a report on the legal authorities that govern the
sharing of criminal wiretap information 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 considers
appropriate, including a proposal for legislation to
implement such recommendations, to improve 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 matters such as counterterrorism.
(c) Definitions.--In this section:
(1) Foreign intelligence, counterintelligence.--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 community.--The term
``element of the intelligence community'' means any element
of the intelligence community specified or designated under
section 3(4) of the National Security Act of 1947.
SEC. 817. JOINT TASK FORCE ON TERRORIST FUNDRAISING.
(a) Sense of Congress.--It is the sense of Congress that--
(1) many terrorist groups secretly solicit and exploit 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 disrupt the
fundraising activities of international terrorist
organizations, and it should do so.
SEC. 818. IMPROVEMENT OF CONTROLS ON PATHOGENS AND EQUIPMENT
FOR PRODUCTION OF BIOLOGICAL 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 develop, 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 Intelligence, the
Commissioner of Customs, and other appropriate Federal
officials.
[[Page S9402]]
(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 purpose,
including attempts and conspiracies to do the same;
(C) recommendations, if any, for legislation to control the
domestic sale and transfer of the equipment 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) Commencing not
later than 60 days after the date of the enactment 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 subsection
(a) at the research laboratories and other government 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
enactment of this Act, the President shall submit to Congress
a report on the actions undertaken under paragraph (1).
SEC. 819. REIMBURSEMENT OF PERSONNEL PERFORMING
COUNTERTERRORISM DUTIES FOR PROFESSIONAL
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
insurance.
(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 agency
concerned shall require.
(3) Amounts for reimbursements under paragraph (1) shall be
derived from amounts available to the agency concerned 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 duties outside the
United States.
(c) Definitions.--In this section:
(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 community.--The term
``element of the intelligence community'' means any element
of the intelligence community specified or designated under
section 3(4) of the National Security Act of 1947 (50 U.S.C.
401a(4)).
(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 Government 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''.
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 electronic
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 installation
and use is relevant to an ongoing criminal investigation. The
order shall, upon service of the order, apply to any entity
providing wire or electronic communication 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
enforcement 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 inserting 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
authorizing installation and use of a trap and trace device
under subsection (a)(2), the geographic limits of the order;
and''.
(3) Nondisclosure requirements.--Subsection (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 attorneys.--Section 3125(a)
of that title is amended in the matter preceding paragraph
(1)--
(A) by striking ``or any Deputy Assistant Attorney
General,'' and inserting ``any Deputy Assistant Attorney
General, or any United States Attorney,''.
(2) Expansion of emergency circumstances.--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
(C) by inserting after subparagraph (B) the following new
subparagraphs:
``(C) immediate threat to the national security interests
of the United States;
``(D) immediate threat to public health or safety; or
``(E) an attack on the integrity or availability 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 following 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 jurisdiction over the offense being
investigated; or''.
(2) Pen register.--Paragraph (3) of that section is
amended--
(A) by striking ``electronic or other impulses'' and all
that follows through ``is attached'' and inserting ``dialing,
routing, addressing, or signalling information transmitted by
an instrument or facility from which a wire or electronic
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 device''; 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 redesignated by
section 434(2) of the Antiterrorism and Effective Death
Penalty Act of 1996 (Public Law 104-132; 110 Stat. 1274), as
paragraph (r); and
(2) by inserting after paragraph (p) as so redesignated by
section 201(3) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (division C of Public
Law 104-208; 110 Stat. 3009-565), the following new
paragraph:
``(q) any criminal violation of 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
computer fraud and abuse),'.
____
[[Page S9403]]
[...]
____
SA 1564. Mr. HATCH submitted an amendment intended to be proposed by
him to the bill H.R. 2500, making appropriations for the Departments of
Commerce, Justice, and State, the Judiciary, and related agencies for
the fiscal year ending September 30, 2002, and for other purposes;
which ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SECTION 1. 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 redesigned by
section 434(2) of the Antiterrorism and Effective Death
Penalty Act of 1996 (Public Law 104-132; 110 Stat. 1274), as
paragraph (r); and
(2) by inserting after paragraph (p) as so redesignated by
section 201(3) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (division C of Public
Law 104-208; 110 Stat. 3009-565), the following new
paragraph:
``(q) any criminal violation of sections 2332, 2332a,
2332b, 2332d, 2339A, or 2339B of this title (relating to
terrorism); or''.
____
SA 1565. Mr. HATCH submitted an amendment intended to be proposed by
him to the bill H.R. 2500, making appropriations for the Departments of
Commerce, Justice, and State, the Judiciary, and related agencies for
the fiscal year ending September 30, 2002, and for other purposes;
which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. . 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 electronic
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 installation
and use is relevant to an ongoing criminal investigation. The
order shall, upon service of the order, apply to any entity
providing wire or electronic communication service in the
United States whose assistance is required by 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 law enforcement or
investigative officer has certified to the court that the
information likely to be obtained by such installation and
use is relevant to an ongoing criminal investigation.''.
(2) Contents of Order.--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 inserting 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
authorizing installation and use of a trap and trace device
under subsection (a)(2), the geographic limits of the order;
and''.
(3) Nondisclosure Requirements.--subsection (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.--Section 3125(a)(1) of that
title is amended----
(1) in subparagraph (A), by striking ``or'' at the end;
(2) in subparagraph (B), by striking the comma at the end
and inserting a semicolon; and
(3) by inserting after subparagraph (B) the following new
subparagraphs:
``(C) immediate threat to the national security interests
of the United States;
``(D) immediate threat to public health or safety; or
``(E) an attack on the integrity or availability 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 following 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 jurisdiction over the offense being
investigated; or''.
(2) Pen register.--Paragraph (3) of that section is
amended--
(A) by striking ``electronic or other impulses'' and all
that follows through ``is attached'' and inserting ``dialing,
routing, addressing, or signalling information transmitted by
an instrument or facility from which a wire or electronic
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 device''; 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;''.
____
SA 1566. Mr. HATCH submitted an amendment intended to be proposed by
him to the bill H.R. 2500, making appropriations for the Departments of
Commerce, Justice, and State, the Judiciary, and related agencies for
the fiscal year ending September 30, 2002, and for other purposes;
which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. . EMERGENCY PEN REGISTER AUTHORITY FOR U.S. ATTORNEYS.
Section 3125(a) of title 18, United States Code, is
amended--
(1) by striking ``any investigative or law enforcement
officer, specially designated by''; and
(2) by striking ``or any Deputy Assistant Attorney
General,'' and inserting ``any Deputy Assistant Attorney
General, or any United States Attorney,''.
____
SA 1567. Mr. HATCH submitted an amendment intended to be proposed by
him to the bill H.R. 2500, making appropriations for the Departments of
Commerce, Justice, and State, the Judiciary, and related agencies for
the fiscal year ending September 30, 2002, and for other purposes;
which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SECTION 1. AUTHORITY TO INTERCEPT WIRE, ORAL, AND ELECTRONIC
COMMUNICATIONS RELATING TO THE 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
computer fraud and abuse),'.
____
SA 1568. Mr. HATCH submitted an amendment intended to be proposed by
him to the bill H.R. 2500, making appropriations for the Departments of
Commerce, Justice and State, the Judiciary, and related agencies for
the Departments of Commerce, Justice, and State, the Judiciary, and
related agencies for the fiscal year ending September 30, 2002, and for
other purposes, which was ordered to lie on the table, as follows:
At the appropriate place, insert the following:
SEC. . LAUNDERING THE PROCEEDS OF TERRORISM
Section 1956(c)(7)(D) of title 18, United States Code, is
amended by inserting ``or 2339B'' after ``2339A''.
____