TITLE VIII--STRENGTHENING THE CRIMINAL LAWS AGAINST TERRORISM

SEC. 801. TERRORIST ATTACKS AND OTHER ACTS OF VIOLENCE AGAINST MASS 
            TRANSPORTATION SYSTEMS.

    Chapter 97 of title 18, United States Code, is amended by adding at 
the end the following:

``Sec. 1993. Terrorist attacks and other acts of violence against mass 
                        transportation systems

    ``(a) General Prohibitions.--Whoever willfully--
            ``(1) wrecks, derails, sets fire to, or disables a mass 
        transportation vehicle or ferry;
            ``(2) places or causes to be placed any biological agent or 
        toxin for use as a weapon, destructive substance, or destructive 
        device in, upon, or near a mass transportation vehicle or ferry, 
        without previously obtaining the permission of the mass 
        transportation provider, and with intent to endanger the safety 
        of any passenger or employee of the mass transportation 
        provider, or with a reckless disregard for the safety of human 
        life;
            ``(3) sets fire to, or places any biological agent or toxin 
        for use as a weapon, destructive substance, or destructive 
        device

[[Page 115 STAT. 375]]

        in, upon, or near any garage, terminal, structure, supply, or 
        facility used in the operation of, or in support of the 
        operation of, a mass transportation vehicle or ferry, without 
        previously obtaining the permission of the mass transportation 
        provider, and knowing or having reason to know such activity 
        would likely derail, disable, or wreck a mass transportation 
        vehicle or ferry used, operated, or employed by the mass 
        transportation provider;
            ``(4) removes appurtenances from, damages, or otherwise 
        impairs the operation of a mass transportation signal system, 
        including a train control system, centralized dispatching 
        system, or rail grade crossing warning signal without 
        authorization from the mass transportation provider;
            ``(5) interferes with, disables, or incapacitates any 
        dispatcher, driver, captain, or person while they are employed 
        in dispatching, operating, or maintaining a mass transportation 
        vehicle or ferry, with intent to endanger the safety of any 
        passenger or employee of the mass transportation provider, or 
        with a reckless disregard for the safety of human life;
            ``(6) commits an act, including the use of a dangerous 
        weapon, with the intent to cause death or serious bodily injury 
        to an employee or passenger of a mass transportation provider or 
        any other person while any of the foregoing are on the property 
        of a mass transportation provider;
            ``(7) conveys or causes to be conveyed false information, 
        knowing the information to be false, concerning an attempt or 
        alleged attempt being made or to be made, to do any act which 
        would be a crime prohibited by this subsection; or
            ``(8) attempts, threatens, or conspires to do any of the 
        aforesaid acts,

shall be fined under this title or imprisoned not more than twenty 
years, or both, if such act is committed, or in the case of a threat or 
conspiracy such act would be committed, on, against, or affecting a mass 
transportation provider engaged in or affecting interstate or foreign 
commerce, or if in the course of committing such act, that person 
travels or communicates across a State line in order to commit such act, 
or transports materials across a State line in aid of the commission of 
such act.
    ``(b) Aggravated Offense.--Whoever commits an offense under 
subsection (a) in a circumstance in which--
            ``(1) the mass transportation vehicle or ferry was carrying 
        a passenger at the time of the offense; or
            ``(2) the offense has resulted in the death of any person,

shall be guilty of an aggravated form of the offense and shall be fined 
under this title or imprisoned for a term of years or for life, or both.
    ``(c) Definitions.--In this section--
            ``(1) the term `biological agent' has the meaning given to 
        that term in section 178(1) of this title;
            ``(2) the term `dangerous weapon' has the meaning given to 
        that term in section 930 of this title;
            ``(3) the term `destructive device' has the meaning given to 
        that term in section 921(a)(4) of this title;
            ``(4) the term `destructive substance' has the meaning given 
        to that term in section 31 of this title;
            ``(5) the term `mass transportation' has the meaning given 
        to that term in section 5302(a)(7) of title 49, United States

[[Page 115 STAT. 376]]

        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 systems.''.

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, 
        assassination, 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 
        international 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:

``Sec. 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 destruction 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 transcending national 
boundaries) of this title, section 236(a) (relating to sabotage of 
nuclear facilities or fuel) of the Atomic Energy Act

[[Page 115 STAT. 377]]

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, irrespective of ownership; and
                    ``(B) residences in foreign States and the land 
                appurtenant 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,''.

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    (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 international 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, 
                conducting, 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 international airports), 81 (relating 
                      to arson within special maritime and territorial 
                      jurisdiction), 175 or 175b (relating to biological 
                      weapons), 229 (relating to chemical 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 property 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

[[Page 115 STAT. 379]]

                      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 manslaughter of foreign officials, 
                      official guests, or internationally 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 
                      terrorism 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 incendiary 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:

``Sec. 3286. Extension of statute of limitation for certain terrorism 
                        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

[[Page 115 STAT. 380]]

the indictment is found or the information is instituted within 8 years 
after the offense was committed. Notwithstanding the preceding 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 indictment 
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.''.

[[Page 115 STAT. 381]]

    (g) Special Aircraft Jurisdiction of the United States.--Section 
46505(c) of title 49, United States Code, is amended--
            (1) by striking ``15'' 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.''.

    (h) Damaging or Destroying an Interstate Gas or Hazardous Liquid 
Pipeline Facility.--Section 60123(b) of title 49, United States Code, is 
amended--
            (1) by striking ``15'' 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.''.

SEC. 811. PENALTIES FOR TERRORIST CONSPIRACIES.

    (a) Arson.--Section 81 of title 18, United States Code, is amended 
in the first undesignated paragraph--
            (1) by striking ``, or attempts to set fire to or burn''; 
        and
            (2) by inserting ``or attempts or conspires to do such an 
        act,'' before ``shall be imprisoned''.

    (b) Killings in Federal Facilities.--Section 930(c) of title 18, 
United States Code, is amended--
            (1) by striking ``or attempts to kill'';
            (2) by inserting ``or attempts or conspires to do such an 
        act,'' before ``shall be punished''; and
            (3) by striking ``and 1113'' and inserting ``1113, and 
        1117''.

    (c) Communications Lines, Stations, or Systems.--Section 1362 of 
title 18, United States Code, is amended in the first undesignated 
paragraph--
            (1) by striking ``or attempts willfully or maliciously to 
        injure or destroy''; and
            (2) by inserting ``or attempts or conspires to do such an 
        act,'' before ``shall be fined''.

    (d) Buildings or Property Within Special Maritime and Territorial 
Jurisdiction.--Section 1363 of title 18, United States Code, is 
amended--
            (1) by striking ``or attempts to destroy or injure''; and
            (2) by inserting ``or attempts or conspires to do such an 
        act,'' before ``shall be fined'' the first place it appears.

    (e) Wrecking Trains.--Section 1992 of title 18, United States Code, 
is amended by adding at the end the following:
    ``(c) A person who conspires to commit any offense defined in this 
section shall be subject to the same penalties (other than the penalty 
of death) as the penalties prescribed for the offense, the commission of 
which was the object of the conspiracy.''.
    (f) Material Support to Terrorists.--Section 2339A of title 18, 
United States Code, is amended by inserting ``or attempts or conspires 
to do such an act,'' before ``shall be fined''.
    (g) Torture.--Section 2340A of title 18, United States Code, is 
amended by adding at the end the following:
    ``(c) Conspiracy.--A person who conspires to commit an offense under 
this section shall be subject to the same penalties (other than the 
penalty of death) as the penalties prescribed for the offense, the 
commission of which was the object of the conspiracy.''.
    (h) Sabotage of Nuclear Facilities or Fuel.--Section 236 of the 
Atomic Energy Act of 1954 (42 U.S.C. 2284), is amended--
            (1) in subsection (a)--

[[Page 115 STAT. 382]]

                    (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 Attendants.--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 Hazardous 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 commission 
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 
        following: ``, 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 Computers.--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 
        redesignated; and
            (4) by adding at the end the following:

[[Page 115 STAT. 383]]

                    ``(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, prosecution, or other proceeding 
                      brought by the United States only, loss resulting 
                      from a related course of conduct affecting 1 or 
                      more other protected computers) aggregating at 
                      least $5,000 in value;
                          ``(ii) the modification or impairment, or 
                      potential modification or impairment, of the 
                      medical examination, diagnosis, treatment, or care 
                      of 1 or more individuals;
                          ``(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 
                      subparagraph (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 
        subsection (a)(5)(A)(i), or an attempt to commit an offense 
        punishable 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 
        subsection (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.''.

[[Page 115 STAT. 384]]

    (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 
        integrity or availability of data, a program, a system, or 
        information;'';
            (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, 
        conducting 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, 
        corporation, 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 
        following: ``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 Certain 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 minimum term of imprisonment.

SEC. 815. ADDITIONAL DEFENSE TO CIVIL ACTIONS RELATING TO PRESERVING 
            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)''.

[[Page 115 STAT. 385]]

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 laboratories 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 
        General 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 ``protective'';
                    (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 purpose, 
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:

[[Page 115 STAT. 386]]

``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 
                punishable 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 Immigration 
        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.''.

[[Page 115 STAT. 387]]

                     

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