TITLE V--REMOVING OBSTACLES TO INVESTIGATING TERRORISM

SEC. 501. <> ATTORNEY GENERAL'S AUTHORITY TO 
            PAY REWARDS TO COMBAT TERRORISM.

    (a) Payment of Rewards To Combat Terrorism.--Funds available to the 
Attorney General may be used for the payment of rewards pursuant to 
public advertisements for assistance to the Department of Justice to 
combat terrorism and defend the Nation against terrorist acts, in 
accordance with procedures and regulations established or issued by the 
Attorney General.
    (b) Conditions.--In making rewards under this section--
            (1) no such reward of $250,000 or more may be made or 
        offered without the personal approval of either the Attorney 
        General or the President;
            (2) <> the Attorney General shall 
        give written notice to the Chairmen and ranking minority members 
        of the Committees on Appropriations and the Judiciary of the 
        Senate and of the House of Representatives not later than 30 
        days after the approval of a reward under paragraph (1);
            (3) any executive agency or military department (as defined, 
        respectively, in sections 105 and 102 of title 5, United States 
        Code) may provide the Attorney General with funds for the 
        payment of rewards;
            (4) neither the failure of the Attorney General to authorize 
        a payment nor the amount authorized shall be subject to judicial 
        review; and
            (5) no such reward shall be subject to any per- or aggregate 
        reward spending limitation established by law, unless that law 
        expressly refers to this section, and no reward paid pursuant to 
        any such offer shall count toward any such aggregate reward 
        spending limitation.

[[Page 115 STAT. 364]]

SEC. 502. SECRETARY OF STATE'S AUTHORITY TO PAY REWARDS.

    Section 36 of the State Department Basic Authorities Act of 1956 
(Public Law 885, August 1, 1956; 22 U.S.C. 2708) is amended--
            (1) in subsection (b)--
                    (A) in paragraph (4), by striking ``or'' at the end;
                    (B) in paragraph (5), by striking the period at the 
                end and inserting ``, including by dismantling an 
                organization in whole or significant part; or''; and
                    (C) by adding at the end the following:
            ``(6) the identification or location of an individual who 
        holds a key leadership position in a terrorist organization.'';
            (2) in subsection (d), by striking paragraphs (2) and (3) 
        and redesignating paragraph (4) as paragraph (2); and
            (3) in subsection (e)(1), by inserting ``, except as 
        personally authorized by the Secretary of State if he determines 
        that offer or payment of an award of a larger amount is 
        necessary to combat terrorism or defend the Nation against 
        terrorist acts.'' after ``$5,000,000''.

SEC. 503. DNA IDENTIFICATION OF TERRORISTS AND OTHER VIOLENT OFFENDERS.

    Section 3(d)(2) of the DNA Analysis Backlog Elimination Act of 2000 
(42 U.S.C. 14135a(d)(2)) is amended to read as follows:
            ``(2) In addition to the offenses described in paragraph 
        (1), the following offenses shall be treated for purposes of 
        this section as qualifying Federal offenses, as determined by 
        the Attorney General:
                    ``(A) Any offense listed in section 2332b(g)(5)(B) 
                of title 18, United States Code.
                    ``(B) Any crime of violence (as defined in section 
                16 of title 18, United States Code).
                    ``(C) Any attempt or conspiracy to commit any of the 
                above offenses.''.

SEC. 504. COORDINATION WITH LAW ENFORCEMENT.

    (a) Information Acquired From an Electronic Surveillance.--Section 
106 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
1806), is amended by adding at the end the following:
    ``(k)(1) Federal officers who conduct electronic surveillance to 
acquire foreign intelligence information under this title may consult 
with Federal law enforcement officers to coordinate efforts to 
investigate or protect against--
            ``(A) actual or potential attack or other grave hostile acts 
        of a foreign power or an agent of a foreign power;
            ``(B) sabotage or international terrorism by a foreign power 
        or an agent of a foreign power; or
            ``(C) clandestine intelligence activities by an intelligence 
        service or network of a foreign power or by an agent of a 
        foreign power.

    ``(2) Coordination authorized under paragraph (1) shall not preclude 
the certification required by section 104(a)(7)(B) or the entry of an 
order under section 105.''.
    (b) Information Acquired From a Physical Search.--Section 305 of the 
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1825) is 
amended by adding at the end the following:

[[Page 115 STAT. 365]]

    ``(k)(1) Federal officers who conduct physical searches to acquire 
foreign intelligence information under this title may consult with 
Federal law enforcement officers to coordinate efforts to investigate or 
protect against--
            ``(A) actual or potential attack or other grave hostile acts 
        of a foreign power or an agent of a foreign power;
            ``(B) sabotage or international terrorism by a foreign power 
        or an agent of a foreign power; or
            ``(C) clandestine intelligence activities by an intelligence 
        service or network of a foreign power or by an agent of a 
        foreign power.

    ``(2) Coordination authorized under paragraph (1) shall not preclude 
the certification required by section 303(a)(7) or the entry of an order 
under section 304.''.

SEC. 505. MISCELLANEOUS NATIONAL SECURITY AUTHORITIES.

    (a) Telephone Toll and Transactional Records.--Section 2709(b) of 
title 18, United States Code, is amended--
            (1) in the matter preceding paragraph (1), by inserting ``at 
        Bureau headquarters or a Special Agent in Charge in a Bureau 
        field office designated by the Director'' after ``Assistant 
        Director'';
            (2) in paragraph (1)--
                    (A) by striking ``in a position not lower than 
                Deputy Assistant Director''; and
                    (B) by striking ``made that'' and all that follows 
                and inserting the following: ``made that the name, 
                address, length of service, and toll billing records 
                sought are relevant to an authorized investigation to 
                protect against international terrorism or clandestine 
                intelligence activities, provided that such an 
                investigation of a United States person is not conducted 
                solely on the basis of activities protected by the first 
                amendment to the Constitution of the United States; 
                and''; and
            (3) in paragraph (2)--
                    (A) by striking ``in a position not lower than 
                Deputy Assistant Director''; and
                    (B) by striking ``made that'' and all that follows 
                and inserting the following: ``made that the information 
                sought is relevant to an authorized investigation to 
                protect against international terrorism or clandestine 
                intelligence activities, provided that such an 
                investigation of a United States person is not conducted 
                solely upon the basis of activities protected by the 
                first amendment to the Constitution of the United 
                States.''.

    (b) Financial Records.--Section 1114(a)(5)(A) of the Right to 
Financial Privacy Act of 1978 (12 U.S.C. 3414(a)(5)(A)) is amended--
            (1) by inserting ``in a position not lower than Deputy 
        Assistant Director at Bureau headquarters or a Special Agent in 
        Charge in a Bureau field office designated by the Director'' 
        after ``designee''; and
            (2) by striking ``sought'' and all that follows and 
        inserting ``sought for foreign counter intelligence purposes to 
        protect against international terrorism or clandestine 
        intelligence activities, provided that such an investigation of 
        a United States

[[Page 115 STAT. 366]]

        person is not conducted solely upon the basis of activities 
        protected by the first amendment to the Constitution of the 
        United States.''.

    (c) Consumer Reports.--Section 624 of the Fair Credit Reporting Act 
(15 U.S.C. 1681u) is amended--
            (1) in subsection (a)--
                    (A) by inserting ``in a position not lower than 
                Deputy Assistant Director at Bureau headquarters or a 
                Special Agent in Charge of a Bureau field office 
                designated by the Director'' after ``designee'' the 
                first place it appears; and
                    (B) by striking ``in writing that'' and all that 
                follows through the end and inserting the following: 
                ``in writing, that such information is sought for the 
                conduct of an authorized investigation to protect 
                against international terrorism or clandestine 
                intelligence activities, provided that such an 
                investigation of a United States person is not conducted 
                solely upon the basis of activities protected by the 
                first amendment to the Constitution of the United 
                States.'';
            (2) in subsection (b)--
                    (A) by inserting ``in a position not lower than 
                Deputy Assistant Director at Bureau headquarters or a 
                Special Agent in Charge of a Bureau field office 
                designated by the Director'' after ``designee'' the 
                first place it appears; and
                    (B) by striking ``in writing that'' and all that 
                follows through the end and inserting the following: 
                ``in writing that such information is sought for the 
                conduct of an authorized investigation to protect 
                against international terrorism or clandestine 
                intelligence activities, provided that such an 
                investigation of a United States person is not conducted 
                solely upon the basis of activities protected by the 
                first amendment to the Constitution of the United 
                States.''; and
            (3) in subsection (c)--
                    (A) by inserting ``in a position not lower than 
                Deputy Assistant Director at Bureau headquarters or a 
                Special Agent in Charge in a Bureau field office 
                designated by the Director'' after ``designee of the 
                Director''; and
                    (B) by striking ``in camera that'' and all that 
                follows through ``States.'' and inserting the following: 
                ``in camera that the consumer report is sought for the 
                conduct of an authorized investigation to protect 
                against international terrorism or clandestine 
                intelligence activities, provided that such an 
                investigation of a United States person is not conducted 
                solely upon the basis of activities protected by the 
                first amendment to the Constitution of the United 
                States.''.

SEC. 506. EXTENSION OF SECRET SERVICE JURISDICTION.

    (a) Concurrent Jurisdiction Under 18 U.S.C. 1030.--Section 1030(d) 
of title 18, United States Code, is amended to read as follows:
    ``(d)(1) The United States Secret Service shall, in addition to any 
other agency having such authority, have the authority to investigate 
offenses under this section.

[[Page 115 STAT. 367]]

    ``(2) The Federal Bureau of Investigation shall have primary 
authority to investigate offenses under subsection (a)(1) for any cases 
involving espionage, foreign counterintelligence, information protected 
against unauthorized disclosure for reasons of national defense or 
foreign relations, or Restricted Data (as that term is defined in 
section 11y of the Atomic Energy Act of 1954 (42 U.S.C. 2014(y)), except 
for offenses affecting the duties of the United States Secret Service 
pursuant to section 3056(a) of this title.
    ``(3) Such authority shall be exercised in accordance with an 
agreement which shall be entered into by the Secretary of the Treasury 
and the Attorney General.''.
    (b) Reauthorization of Jurisdiction under 18 U.S.C. 1344.--Section 
3056(b)(3) of title 18, United States Code, is amended by striking 
``credit and debit card frauds, and false identification documents or 
devices'' and inserting ``access device frauds, false identification 
documents or devices, and any fraud or other criminal or unlawful 
activity in or against any federally insured financial institution''.

SEC. 507. DISCLOSURE OF EDUCATIONAL RECORDS.

    Section 444 of the General Education Provisions Act (20 U.S.C. 
1232g), is amended by adding after subsection (i) a new subsection (j) 
to read as follows:
    ``(j) Investigation and Prosecution of Terrorism.--
            ``(1) In general.--Notwithstanding subsections (a) through 
        (i) or any provision of State law, the Attorney General (or any 
        Federal officer or employee, in a position not lower than an 
        Assistant Attorney General, designated by the Attorney General) 
        may submit a written application to a court of competent 
        jurisdiction for an ex parte order requiring an educational 
        agency or institution to permit the Attorney General (or his 
        designee) to--
                    ``(A) collect education records in the possession of 
                the educational agency or institution that are relevant 
                to an authorized investigation or prosecution of an 
                offense listed in section 2332b(g)(5)(B) of title 18 
                United States Code, or an act of domestic or 
                international terrorism as defined in section 2331 of 
                that title; and
                    ``(B) for official purposes related to the 
                investigation or prosecution of an offense described in 
                paragraph (1)(A), retain, disseminate, and use 
                (including as evidence at trial or in other 
                administrative or judicial proceedings) such records, 
                consistent with such guidelines as the Attorney General, 
                after consultation with the Secretary, shall issue to 
                protect confidentiality.
            ``(2) Application and approval.--
                    ``(A) In general.--An application under paragraph 
                (1) shall certify that there are specific and 
                articulable facts giving reason to believe that the 
                education records are likely to contain information 
                described in paragraph (1)(A).
                    ``(B) <> The court shall issue an 
                order described in paragraph (1) if the court finds that 
                the application for the order includes the certification 
                described in subparagraph (A).
            ``(3) Protection of educational agency or institution.--An 
        educational agency or institution that, in good faith, produces 
        education records in accordance with an order issued

[[Page 115 STAT. 368]]

        under this subsection shall not be liable to any person for that 
        production.
            ``(4) Record-keeping.--Subsection (b)(4) does not apply to 
        education records subject to a court order under this 
        subsection.''.

SEC. 508. DISCLOSURE OF INFORMATION FROM NCES SURVEYS.

    Section 408 of the National Education Statistics Act of 1994 (20 
U.S.C. 9007), is amended by adding after subsection (b) a new subsection 
(c) to read as follows:
    ``(c) Investigation and Prosecution of Terrorism.--
            ``(1) In General.--Notwithstanding subsections (a) and (b), 
        the Attorney General (or any Federal officer or employee, in a 
        position not lower than an Assistant Attorney General, 
        designated by the Attorney General) may submit a written 
        application to a court of competent jurisdiction for an ex parte 
        order requiring the Secretary to permit the Attorney General (or 
        his designee) to--
                    ``(A) collect reports, records, and information 
                (including individually identifiable information) in the 
                possession of the center that are relevant to an 
                authorized investigation or prosecution of an offense 
                listed in section 2332b(g)(5)(B) of title 18, United 
                States Code, or an act of domestic or international 
                terrorism as defined in section 2331 of that title; and
                    ``(B) for official purposes related to the 
                investigation or prosecution of an offense described in 
                paragraph (1)(A), retain, disseminate, and use 
                (including as evidence at trial or in other 
                administrative or judicial proceedings) such 
                information, consistent with such guidelines as the 
                Attorney General, after consultation with the Secretary, 
                shall issue to protect confidentiality.
            ``(2) Application and approval.--
                    ``(A) In <> general.--An 
                application under paragraph (1) shall certify that there 
                are specific and articulable facts giving reason to 
                believe that the information sought is described in 
                paragraph (1)(A).
                    ``(B) <> The court shall issue an 
                order described in paragraph (1) if the court finds that 
                the application for the order includes the certification 
                described in subparagraph (A).
                    ``(3) Protection.--An officer or employee of the 
                Department who, in good faith, produces information in 
                accordance with an order issued under this subsection 
                does not violate subsection (b)(2) and shall not be 
                liable to any person for that production.''.

[[Page 115 STAT. 369]]

 

6 of 11 pages. Go to page: