A notable document that is deeply linked to much of what is going on around us every day is the USA Patriot Act (Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001). The act was rushed through after the events of September 11th, 2001 and most in Congress didn’t have a chance to read it before being coerced into signing it into law. It’s amazing to see how small the document that gives us our rights (The Constitution) is compared to this document, which ends up taking many of those rights away. This is undoubtedly not a document you will sit down and read ‘from cover to cover’, but it is here as a reference, and other articles may link to it. If their are specific sections of this document you’d like to bring to light, let us know in the Discussion area.
(Also available in PDF)
HR 3162 RDS
107th CONGRESS
1st Session
October 24, 2001
Received
and around the world, to enhance law enforcement investigatory
tools, and for other purposes.
Be it enacted by the Senate and House of
Representatives of the United States of America in Congress
assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) SHORT TITLE- This Act may be cited as the `Uniting and
Strengthening America by Providing Appropriate Tools Required
to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of
2001′.
(b) TABLE OF CONTENTS- The table of contents for this Act
is as follows:
Sec. 1. Short title and table of contents.
Sec. 2. Construction; severability.
TITLE I–ENHANCING DOMESTIC SECURITY AGAINST TERRORISM
Sec. 101. Counterterrorism fund.
Sec. 102. Sense of Congress condemning discrimination
against Arab and Muslim Americans.
Sec. 103. Increased funding for the technical support
center at the Federal Bureau of Investigation.
Sec. 104. Requests for military assistance to enforce
prohibition in certain emergencies.
Sec. 105. Expansion of National Electronic Crime Task
Force Initiative.
Sec. 106. Presidential authority.
TITLE II–ENHANCED SURVEILLANCE PROCEDURES
Sec. 201. Authority to intercept wire, oral, and
electronic communications relating to terrorism.
Sec. 202. Authority to intercept wire, oral, and
electronic communications relating to computer fraud and
abuse offenses.
Sec. 203. Authority to share criminal investigative
information.
Sec. 204. Clarification of intelligence exceptions from
limitations on interception and disclosure of wire, oral,
and electronic communications.
Sec. 205. Employment of translators by the Federal
Bureau of Investigation.
Sec. 206. Roving surveillance authority under the
Foreign Intelligence Surveillance Act of 1978.
Sec. 207. Duration of FISA surveillance of non-United
States persons who are agents of a foreign power.
Sec. 208. Designation of judges.
Sec. 209. Seizure of voice-mail messages pursuant to
warrants.
Sec. 210. Scope of subpoenas for records of electronic
communications.
Sec. 211. Clarification of scope.
Sec. 212. Emergency disclosure of electronic
communications to protect life and limb.
Sec. 213. Authority for delaying notice of the execution
of a warrant.
Sec. 214. Pen register and trap and trace authority
under FISA.
Sec. 215. Access to records and other items under the
Foreign Intelligence Surveillance Act.
Sec. 216. Modification of authorities relating to use of
pen registers and trap and trace devices.
Sec. 217. Interception of computer trespasser
communications.
Sec. 218. Foreign intelligence information.
Sec. 219. Single-jurisdiction search warrants for
terrorism.
Sec. 220. Nationwide service of search warrants for
electronic evidence.
Sec. 221. Trade sanctions.
Sec. 222. Assistance to law enforcement agencies.
Sec. 223. Civil liability for certain unauthorized
disclosures.
Sec. 224. Sunset.
Sec. 225. Immunity for compliance with FISA
wiretap.
TITLE III–INTERNATIONAL MONEY LAUNDERING ABATEMENT AND
ANTI-TERRORIST FINANCING ACT OF 2001
Sec. 301. Short title.
Sec. 302. Findings and purposes.
Sec. 303. 4-year congressional review; expedited
consideration.
Subtitle A–International Counter Money Laundering and Related
Measures
Sec. 311. Special measures for jurisdictions, financial
institutions, or international transactions of primary money
laundering concern.
Sec. 312. Special due diligence for correspondent
accounts and private banking accounts.
Sec. 313. Prohibition on United States correspondent
accounts with foreign shell banks.
Sec. 314. Cooperative efforts to deter money
laundering.
Sec. 315. Inclusion of foreign corruption offenses as
money laundering crimes.
Sec. 316. Anti-terrorist forfeiture protection.
Sec. 317. Long-arm jurisdiction over foreign money
launderers.
Sec. 318. Laundering money through a foreign bank.
Sec. 319. Forfeiture of funds in United States interbank
accounts.
Sec. 320. Proceeds of foreign crimes.
Sec. 321. Financial institutions specified in subchapter
II of chapter 53 of title 31, United States code.
Sec. 322. Corporation represented by a fugitive.
Sec. 323. Enforcement of foreign judgments.
Sec. 324. Report and recommendation.
Sec. 325. Concentration accounts at financial
institutions.
Sec. 326. Verification of identification.
Sec. 327. Consideration of anti-money laundering
record.
Sec. 328. International cooperation on identification of
originators of wire transfers.
Sec. 329. Criminal penalties.
Sec. 330. International cooperation in investigations of
money laundering, financial crimes, and the finances of
terrorist groups.
Subtitle B–Bank Secrecy Act Amendments and Related
Improvements
Sec. 351. Amendments relating to reporting of suspicious
activities.
Sec. 352. Anti-money laundering programs.
Sec. 353. Penalties for violations of geographic
targeting orders and certain recordkeeping requirements, and
lengthening effective period of geographic targeting
orders.
Sec. 354. Anti-money laundering strategy.
Sec. 355. Authorization to include suspicions of illegal
activity in written employment references.
Sec. 356. Reporting of suspicious activities by
securities brokers and dealers; investment company
study.
Sec. 357. Special report on administration of bank
secrecy provisions.
Sec. 358. Bank secrecy provisions and activities of
United States intelligence agencies to fight international
terrorism.
Sec. 359. Reporting of suspicious activities by
underground banking systems.
Sec. 360. Use of authority of United States Executive
Directors.
Sec. 361. Financial crimes enforcement network.
Sec. 362. Establishment of highly secure network.
Sec. 363. Increase in civil and criminal penalties for
money laundering.
Sec. 364. Uniform protection authority for Federal
Reserve facilities.
Sec. 365. Reports relating to coins and currency
received in nonfinancial trade or business.
Sec. 366. Efficient use of currency transaction report
system.
Subtitle C–Currency Crimes and Protection
Sec. 371. Bulk cash smuggling into or out of the United
States.
Sec. 372. Forfeiture in currency reporting cases.
Sec. 373. Illegal money transmitting businesses.
Sec. 374. Counterfeiting domestic currency and
obligations.
Sec. 375. Counterfeiting foreign currency and
obligations.
Sec. 376. Laundering the proceeds of terrorism.
Sec. 377. Extraterritorial jurisdiction.
TITLE IV–PROTECTING THE BORDER
Subtitle A–Protecting the Northern Border
Sec. 401. Ensuring adequate personnel on the northern
border.
Sec. 402. Northern border personnel.
Sec. 403. Access by the Department of State and the INS
to certain identifying information in the criminal history
records of visa applicants and applicants for admission to
the United States.
Sec. 404. Limited authority to pay overtime.
Sec. 405. Report on the integrated automated fingerprint
identification system for ports of entry and overseas
consular posts.
Subtitle B–Enhanced Immigration Provisions
Sec. 411. Definitions relating to terrorism.
Sec. 412. Mandatory detention of suspected terrorists;
habeas corpus; judicial review.
Sec. 413. Multilateral cooperation against
terrorists.
Sec. 414. Visa integrity and security.
Sec. 415. Participation of Office of Homeland Security
on Entry-Exit Task Force.
Sec. 416. Foreign student monitoring program.
Sec. 417. Machine readable passports.
Sec. 418. Prevention of consulate shopping.
Subtitle C–Preservation of Immigration Benefits for Victims
of Terrorism
Sec. 421. Special immigrant status.
Sec. 422. Extension of filing or reentry deadlines.
Sec. 423. Humanitarian relief for certain surviving
spouses and children.
Sec. 424. `Age-out’ protection for children.
Sec. 425. Temporary administrative relief.
Sec. 426. Evidence of death, disability, or loss of
employment.
Sec. 427. No benefits to terrorists or family members of
terrorists.
Sec. 428. Definitions.
TITLE V–REMOVING OBSTACLES TO INVESTIGATING TERRORISM
Sec. 501. Attorney General’s authority to pay rewards to
combat terrorism.
Sec. 502. Secretary of State’s authority to pay
rewards.
Sec. 503. DNA identification of terrorists and other
violent offenders.
Sec. 504. Coordination with law enforcement.
Sec. 505. Miscellaneous national security
authorities.
Sec. 506. Extension of Secret Service jurisdiction.
Sec. 507. Disclosure of educational records.
Sec. 508. Disclosure of information from NCES
surveys.
TITLE VI–PROVIDING FOR VICTIMS OF TERRORISM, PUBLIC SAFETY
OFFICERS, AND THEIR FAMILIES
Subtitle A–Aid to Families of Public Safety Officers
Sec. 611. Expedited payment for public safety officers
involved in the prevention, investigation, rescue, or
recovery efforts related to a terrorist attack.
Sec. 612. Technical correction with respect to expedited
payments for heroic public safety officers.
Sec. 613. Public safety officers benefit program payment
increase.
Sec. 614. Office of Justice programs.
Subtitle B–Amendments to the Victims of Crime Act of
1984
Sec. 621. Crime victims fund.
Sec. 622. Crime victim compensation.
Sec. 623. Crime victim assistance.
Sec. 624. Victims of terrorism.
TITLE VII–INCREASED INFORMATION SHARING FOR CRITICAL
INFRASTRUCTURE PROTECTION
Sec. 711. Expansion of regional information sharing
system to facilitate Federal-State-local law enforcement
response related to terrorist attacks.
TITLE VIII–STRENGTHENING THE CRIMINAL LAWS AGAINST
TERRORISM
Sec. 801. Terrorist attacks and other acts of violence
against mass transportation systems.
Sec. 802. Definition of domestic terrorism.
Sec. 803. Prohibition against harboring terrorists.
Sec. 804. Jurisdiction over crimes committed at U.S.
facilities abroad.
Sec. 805. Material support for terrorism.
Sec. 806. Assets of terrorist organizations.
Sec. 807. Technical clarification relating to provision
of material support to terrorism.
Sec. 808. Definition of Federal crime of terrorism.
Sec. 809. No statute of limitation for certain terrorism
offenses.
Sec. 810. Alternate maximum penalties for terrorism
offenses.
Sec. 811. Penalties for terrorist conspiracies.
Sec. 812. Post-release supervision of terrorists.
Sec. 813. Inclusion of acts of terrorism as racketeering
activity.
Sec. 814. Deterrence and prevention of
cyberterrorism.
Sec. 815. Additional defense to civil actions relating
to preserving records in response to Government
requests.
Sec. 816. Development and support of cybersecurity
forensic capabilities.
Sec. 817. Expansion of the biological weapons
statute.
TITLE IX–IMPROVED INTELLIGENCE
Sec. 901. Responsibilities of Director of Central
Intelligence regarding foreign intelligence collected under
Foreign Intelligence Surveillance Act of 1978.
Sec. 902. Inclusion of international terrorist
activities within scope of foreign intelligence under
National Security Act of 1947.
Sec. 903. Sense of Congress on the establishment and
maintenance of intelligence relationships to acquire
information on terrorists and terrorist organizations.
Sec. 904. Temporary authority to defer submittal to
Congress of reports on intelligence and intelligence-related
matters.
Sec. 905. Disclosure to Director of Central Intelligence
of foreign intelligence-related information with respect to
criminal investigations.
Sec. 906. Foreign terrorist asset tracking center.
Sec. 907. National Virtual Translation Center.
Sec. 908. Training of government officials regarding
identification and use of foreign intelligence.
TITLE X–MISCELLANEOUS
Sec. 1001. Review of the department of justice.
Sec. 1002. Sense of congress.
Sec. 1003. Definition of `electronic surveillance’.
Sec. 1004. Venue in money laundering cases.
Sec. 1005. First responders assistance act.
Sec. 1006. Inadmissibility of aliens engaged in money
laundering.
Sec. 1007. Authorization of funds for dea police
training in south and central asia.
Sec. 1008. Feasibility study on use of biometric
identifier scanning system with access to the fbi integrated
automated fingerprint identification system at overseas
consular posts and points of entry to the United
States.
Sec. 1009. Study of access.
Sec. 1010. Temporary authority to contract with local
and State governments for performance of security functions
at United States military installations.
Sec. 1011. Crimes against charitable americans.
Sec. 1012. Limitation on issuance of hazmat
licenses.
Sec. 1013. Expressing the sense of the senate concerning
the provision of funding for bioterrorism preparedness and
response.
Sec. 1014. Grant program for State and local domestic
preparedness support.
Sec. 1015. Expansion and reauthorization of the crime
identification technology act for antiterrorism grants to
States and localities.
Sec. 1016. Critical infrastructures protection.
SEC. 2. CONSTRUCTION; SEVERABILITY.
Any provision of this Act held to be invalid or
unenforceable by its terms, or as applied to any person or
circumstance, shall be construed so as to give it the maximum
effect permitted by law, unless such holding shall be one of
utter invalidity or unenforceability, in which event such
provision shall be deemed severable from this Act and shall not
affect the remainder thereof or the application of such
provision to other persons not similarly situated or to other,
dissimilar circumstances.
TITLE I–ENHANCING DOMESTIC SECURITY AGAINST
TERRORISM
TERRORISM
SEC. 101. COUNTERTERRORISM FUND.
(a) ESTABLISHMENT; AVAILABILITY- There is hereby
established in the Treasury of the United States a separate
fund to be known as the `Counterterrorism Fund’, amounts in
which shall remain available without fiscal year
limitation–
(1) to reimburse any Department of Justice component for
any costs incurred in connection with–
(A) reestablishing the operational capability of an
office or facility that has been damaged or destroyed as
the result of any domestic or international terrorism
incident;
(B) providing support to counter, investigate, or
prosecute domestic or international terrorism, including,
without limitation, paying rewards in connection with
these activities; and
(C) conducting terrorism threat assessments of
Federal agencies and their facilities; and
(2) to reimburse any department or agency of the Federal
Government for any costs incurred in connection with
detaining in foreign countries individuals accused of acts
of terrorism that violate the laws of the United
States.
(b) NO EFFECT ON PRIOR APPROPRIATIONS- Subsection (a) shall
not be construed to affect the amount or availability of any
appropriation to the Counterterrorism Fund made before the date
of the enactment of this Act.
SEC. 102. SENSE OF CONGRESS CONDEMNING DISCRIMINATION AGAINST
ARAB AND MUSLIM AMERICANS.
(a) FINDINGS- Congress makes the following findings:
(1) Arab Americans, Muslim Americans, and Americans from
South Asia play a vital role in our Nation and are entitled
to nothing less than the full rights of every American.
(2) The acts of violence that have been taken against
Arab and Muslim Americans since the September 11, 2001,
attacks against the United States should be and are
condemned by all Americans who value freedom.
(3) The concept of individual responsibility for
wrongdoing is sacrosanct in American society, and applies
equally to all religious, racial, and ethnic groups.
(4) When American citizens commit acts of violence
against those who are, or are perceived to be, of Arab or
Muslim descent, they should be punished to the full extent
of the law.
(5) Muslim Americans have become so fearful of
harassment that many Muslim women are changing the way they
dress to avoid becoming targets.
(6) Many Arab Americans and Muslim Americans have acted
heroically during the attacks on the United States,
including Mohammed Salman Hamdani, a 23-year-old New Yorker
of Pakistani descent, who is believed to have gone to the
World Trade Center to offer rescue assistance and is now
missing.
(b) SENSE OF CONGRESS- It is the sense of Congress
that–
(1) the civil rights and civil liberties of all
Americans, including Arab Americans, Muslim Americans, and
Americans from South Asia, must be protected, and that every
effort must be taken to preserve their safety;
(2) any acts of violence or discrimination against any
Americans be condemned; and
(3) the Nation is called upon to recognize the
patriotism of fellow citizens from all ethnic, racial, and
religious backgrounds.
SEC. 103. INCREASED FUNDING FOR THE TECHNICAL SUPPORT CENTER
AT THE FEDERAL BUREAU OF INVESTIGATION.
There are authorized to be appropriated for the Technical
Support Center established in section 811 of the Antiterrorism
and Effective Death Penalty Act of 1996 (Public Law 104-132) to
help meet the demands for activities to combat terrorism and
support and enhance the technical support and tactical
operations of the FBI, $200,000,000 for each of the fiscal
years 2002, 2003, and 2004.
SEC. 104. REQUESTS FOR MILITARY ASSISTANCE TO ENFORCE
PROHIBITION IN CERTAIN EMERGENCIES.
Section 2332e of title 18, United States Code, is
amended–
(1) by striking `2332c’ and inserting `2332a’; and
(2) by striking `chemical’.
SEC. 105. EXPANSION OF NATIONAL ELECTRONIC CRIME TASK FORCE
INITIATIVE.
The Director of the United States Secret Service shall take
appropriate actions to develop a national network of electronic
crime task forces, based on the New York Electronic Crimes Task
Force model, throughout the United States, for the purpose of
preventing, detecting, and investigating various forms of
electronic crimes, including potential terrorist attacks
against critical infrastructure and financial payment
systems.
SEC. 106. PRESIDENTIAL AUTHORITY.
Section 203 of the International Emergency Powers Act (50
U.S.C. 1702) is amended–
(1) in subsection (a)(1)–
(A) at the end of subparagraph (A) (flush to that
subparagraph), by striking `; and’ and inserting a comma
and the following:
`by any person, or with respect to any property, subject
to the jurisdiction of the United States;’;
(B) in subparagraph (B)–
(i) by inserting `, block during the pendency of
an investigation’ after `investigate’; and
(ii) by striking `interest;’ and inserting
`interest by any person, or with respect to any
property, subject to the jurisdiction of the United
States; and’;
(C) by striking `by any person, or with respect to
any property, subject to the jurisdiction of the United
States`; and
(D) by inserting at the end the following:
`(C) when the United States is engaged in armed
hostilities or has been attacked by a foreign country or
foreign nationals, confiscate any property, subject to
the jurisdiction of the United States, of any foreign
person, foreign organization, or foreign country that he
determines has planned, authorized, aided, or engaged in
such hostilities or attacks against the United States;
and all right, title, and interest in any property so
confiscated shall vest, when, as, and upon the terms
directed by the President, in such agency or person as
the President may designate from time to time, and upon
such terms and conditions as the President may prescribe,
such interest or property shall be held, used,
administered, liquidated, sold, or otherwise dealt with
in the interest of and for the benefit of the United
States, and such designated agency or person may perform
any and all acts incident to the accomplishment or
furtherance of these purposes.’; and
(2) by inserting at the end the following:
`(c) CLASSIFIED INFORMATION- In any judicial review of a
determination made under this section, if the determination was
based on classified information (as defined in section 1(a) of
the Classified Information Procedures Act) such information may
be submitted to the reviewing court ex parte and in camera.
This subsection does not confer or imply any right to judicial
review.’.
TITLE II–ENHANCED SURVEILLANCE
PROCEDURES
PROCEDURES
SEC. 201. AUTHORITY TO INTERCEPT WIRE, ORAL, AND ELECTRONIC
COMMUNICATIONS RELATING TO TERRORISM.
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 section 229 (relating to
chemical weapons); or sections 2332, 2332a, 2332b, 2332d,
2339A, or 2339B of this title (relating to terrorism);
or’.
SEC. 202. AUTHORITY TO INTERCEPT WIRE, ORAL, AND ELECTRONIC
COMMUNICATIONS RELATING TO COMPUTER FRAUD AND ABUSE OFFENSES.
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),’.
SEC. 203. AUTHORITY TO SHARE CRIMINAL INVESTIGATIVE
INFORMATION.
(a) AUTHORITY TO SHARE GRAND JURY INFORMATION-
(1) IN GENERAL- Rule 6(e)(3)(C) of the Federal Rules of
Criminal Procedure is amended to read as follows:
`(C)(i) Disclosure otherwise prohibited by this rule
of matters occurring before the grand jury may also be
made–
`(I) when so directed by a court preliminarily to
or in connection with a judicial proceeding;
`(II) when permitted by a court at the request of
the defendant, upon a showing that grounds may exist
for a motion to dismiss the indictment because of
matters occurring before the grand jury;
`(III) when the disclosure is made by an attorney
for the government to another Federal grand jury;
`(IV) when permitted by a court at the request of
an attorney for the government, upon a showing that
such matters may disclose a violation of state
criminal law, to an appropriate official of a state or
subdivision of a state for the purpose of enforcing
such law; or
`(V) when the matters involve foreign intelligence
or counterintelligence (as defined in section 3 of the
National Security Act of 1947 (50 U.S.C. 401a)), or
foreign intelligence information (as defined in clause
(iv) of this subparagraph), to any Federal law
enforcement, intelligence, protective, immigration,
national defense, or national security official in
order to assist the official receiving that
information in the performance of his official
duties.
`(ii) If the court orders disclosure of matters
occurring before the grand jury, the disclosure shall be
made in such manner, at such time, and under such
conditions as the court may direct.
`(iii) Any Federal official to whom information is
disclosed pursuant to clause (i)(V) of this subparagraph
may use that information only as necessary in the conduct
of that person’s official duties subject to any
limitations on the unauthorized disclosure of such
information. Within a reasonable time after such
disclosure, an attorney for the government shall file
under seal a notice with the court stating the fact that
such information was disclosed and the departments,
agencies, or entities to which the disclosure was
made.
`(iv) In clause (i)(V) of this subparagraph, the term
`foreign intelligence information’ means–
`(I) information, whether or not concerning a
United States person, that relates to the ability of
the United States to protect against–
`(aa) actual or potential attack or other grave
hostile acts of-a foreign power or an agent of a
foreign power;
`(bb) sabotage or international terrorism by a
foreign power or an agent of a foreign power;
or
`(cc) clandestine intelligence activities by an
intelligence service or network of a foreign power
or by an agent of foreign power; or
`(II) information, whether or not concerning a
United States person, with respect to a foreign power
or foreign territory that relates to–
`(aa) the national defense or the security of
the United States; or
`(bb) the conduct of the foreign affairs of the
United States.’.
(2) CONFORMING AMENDMENT- Rule 6(e)(3)(D) of the Federal
Rules of Criminal Procedure is amended by striking
`(e)(3)(C)(i)’ and inserting `(e)(3)(C)(i)(I)’.
(b) AUTHORITY TO SHARE ELECTRONIC, WIRE, AND ORAL
INTERCEPTION INFORMATION-
(1) LAW ENFORCEMENT- Section 2517 of title 18, United
States Code, is amended by inserting at the end the
following:
`(6) Any investigative or law enforcement officer, or
attorney for the Government, who by any means authorized by
this chapter, has obtained knowledge of the contents of any
wire, oral, or electronic communication, or evidence derived
therefrom, may disclose such contents to any other Federal law
enforcement, intelligence, protective, immigration, national
defense, or national security official to the extent that such
contents include foreign intelligence or counterintelligence
(as defined in section 3 of the National Security Act of 1947
(50 U.S.C. 401a)), or foreign intelligence information (as
defined in subsection (19) of section 2510 of this title), to
assist the official who is to receive that information in the
performance of his official duties. Any Federal official who
receives information pursuant to this provision may use that
information only as necessary in the conduct of that person’s
official duties subject to any limitations on the unauthorized
disclosure of such information.’.
(2) DEFINITION- Section 2510 of title 18, United States
Code, is amended by–
(A) in paragraph (17), by striking `and’ after the
semicolon;
(B) in paragraph (18), by striking the period and
inserting `; and’; and
(C) by inserting at the end the following:
`(19) `foreign intelligence information’ means–
`(A) information, whether or not concerning a United
States person, that relates to the ability of the United
States to protect against–
`(i) actual or potential attack or other grave
hostile acts of a foreign power or an agent of a
foreign power;
`(ii) sabotage or international terrorism by a
foreign power or an agent of a foreign power; or
`(iii) clandestine intelligence activities by an
intelligence service or network of a foreign power or
by an agent of a foreign power; or
`(B) information, whether or not concerning a United
States person, with respect to a foreign power or foreign
territory that relates to–
`(i) the national defense or the security of the
United States; or
`(ii) the conduct of the foreign affairs of the
United States.’.
(c) PROCEDURES- The Attorney General shall establish
procedures for the disclosure of information pursuant to
section 2517(6) and Rule 6(e)(3)(C)(i)(V) of the Federal Rules
of Criminal Procedure that identifies a United States person,
as defined in section 101 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801)).
(d) FOREIGN INTELLIGENCE INFORMATION-
(1) IN GENERAL- Notwithstanding any other provision of
law, it shall be lawful for foreign intelligence or
counterintelligence (as defined in section 3 of the National
Security Act of 1947 (50 U.S.C. 401a)) or foreign
intelligence information obtained as part of a criminal
investigation to be disclosed to any Federal law
enforcement, intelligence, protective, immigration, national
defense, or national security official in order to assist
the official receiving that information in the performance
of his official duties. Any Federal official who receives
information pursuant to this provision may use that
information only as necessary in the conduct of that
person’s official duties subject to any limitations on the
unauthorized disclosure of such information.
(2) DEFINITION- In this subsection, the term `foreign
intelligence information’ means–
(A) information, whether or not concerning a United
States person, that relates to the ability of the United
States to protect against–
(i) actual or potential attack or other grave
hostile acts of a foreign power or an agent of a
foreign power;
(ii) sabotage or international terrorism by a
foreign power or an agent of a foreign power; or
(iii) clandestine intelligence activities by an
intelligence service or network of a foreign power or
by an agent of a foreign power; or
(B) information, whether or not concerning a United
States person, with respect to a foreign power or foreign
territory that relates to–
(i) the national defense or the security of the
United States; or
(ii) the conduct of the foreign affairs of the
United States.
SEC. 204. CLARIFICATION OF INTELLIGENCE EXCEPTIONS FROM
LIMITATIONS ON INTERCEPTION AND DISCLOSURE OF WIRE, ORAL, AND
ELECTRONIC COMMUNICATIONS.
Section 2511(2)(f) of title 18, United States Code, is
amended–
(1) by striking `this chapter or chapter 121′ and
inserting `this chapter or chapter 121 or 206 of this
title’; and
(2) by striking `wire and oral’ and inserting `wire,
oral, and electronic’.
SEC. 205. EMPLOYMENT OF TRANSLATORS BY THE FEDERAL BUREAU OF
INVESTIGATION.
(a) AUTHORITY- The Director of the Federal Bureau of
Investigation is authorized to expedite the employment of
personnel as translators to support counterterrorism
investigations and operations without regard to applicable
Federal personnel requirements and limitations.
(b) SECURITY REQUIREMENTS- The Director of the Federal
Bureau of Investigation shall establish such security
requirements as are necessary for the personnel employed as
translators under subsection (a).
(c) REPORT- The Attorney General shall report to the
Committees on the Judiciary of the House of Representatives and
the Senate on–
(1) the number of translators employed by the FBI and
other components of the Department of Justice;
(2) any legal or practical impediments to using
translators employed by other Federal, State, or local
agencies, on a full, part-time, or shared basis; and
(3) the needs of the FBI for specific translation
services in certain languages, and recommendations for
meeting those needs.
SEC. 206. ROVING SURVEILLANCE AUTHORITY UNDER THE FOREIGN
INTELLIGENCE SURVEILLANCE ACT OF 1978.
Section 105(c)(2)(B) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1805(c)(2)(B)) is amended
by inserting `, or in circumstances where the Court finds that
the actions of the target of the application may have the
effect of thwarting the identification of a specified person,
such other persons,’ after `specified person’.
SEC. 207. DURATION OF FISA SURVEILLANCE OF NON-UNITED STATES
PERSONS WHO ARE AGENTS OF A FOREIGN POWER.
(a) DURATION -
(1) SURVEILLANCE- Section 105(e)(1) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1805(e)(1))
is amended by–
(A) inserting `(A)’ after `except that’; and
(B) inserting before the period the following: `, and
(B) an order under this Act for a surveillance targeted
against an agent of a foreign power, as defined in
section 101(b)(1)(A) may be for the period specified in
the application or for 120 days, whichever is less’.
(2) PHYSICAL SEARCH- Section 304(d)(1) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1824(d)(1)) is
amended by–
(A) striking `forty-five’ and inserting `90′;
(B) inserting `(A)’ after `except that’; and
(C) inserting before the period the following: `, and
(B) an order under this section for a physical search
targeted against an agent of a foreign power as defined in
section 101(b)(1)(A) may be for the period specified in the
application or for 120 days, whichever is less’.
(b) EXTENSION-
(1) IN GENERAL- Section 105(d)(2) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1805(d)(2))
is amended by–
(A) inserting `(A)’ after `except that’; and
(B) inserting before the period the following: `, and
(B) an extension of an order under this Act for a
surveillance targeted against an agent of a foreign power
as defined in section 101(b)(1)(A) may be for a period
not to exceed 1 year’.
(2) DEFINED TERM- Section 304(d)(2) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1824(d)(2)
is amended by inserting after `not a United States person,’
the following: `or against an agent of a foreign power as
defined in section 101(b)(1)(A),’.
SEC. 208. DESIGNATION OF JUDGES.
Section 103(a) of the Foreign Intelligence Surveillance Act
of 1978 (50 U.S.C. 1803(a)) is amended by–
(1) striking `seven district court judges’ and inserting
`11 district court judges’; and
(2) inserting `of whom no fewer than 3 shall reside
within 20 miles of the District of Columbia’ after
`circuits’.
SEC. 209. SEIZURE OF VOICE-MAIL MESSAGES PURSUANT TO
WARRANTS.
Title 18, United States Code, is amended–
(1) in section 2510–
(A) in paragraph (1), by striking beginning with `and
such’ and all that follows through `communication’;
and
(B) in paragraph (14), by inserting `wire or’ after
`transmission of’; and
(2) in subsections (a) and (b) of section 2703–
(A) by striking `CONTENTS OF ELECTRONIC’ and
inserting `CONTENTS OF WIRE OR ELECTRONIC’ each place it
appears;
(B) by striking `contents of an electronic’ and
inserting `contents of a wire or electronic’ each place
it appears; and
(C) by striking `any electronic’ and inserting `any
wire or electronic’ each place it appears.
SEC. 210. SCOPE OF SUBPOENAS FOR RECORDS OF ELECTRONIC
COMMUNICATIONS.
Section 2703(c)(2) of title 18, United States Code, as
redesignated by section 212, is amended–
(1) by striking `entity the name, address, local and
long distance telephone toll billing records, telephone
number or other subscriber number or identity, and length of
service of a subscriber’ and inserting the following:
`entity the–
`(A) name;
`(B) address;
`(C) local and long distance telephone connection
records, or records of session times and durations;
`(D) length of service (including start date) and types
of service utilized;
`(E) telephone or instrument number or other subscriber
number or identity, including any temporarily assigned
network address; and
`(F) means and source of payment for such service
(including any credit card or bank account number),
of a subscriber’; and
(2) by striking `and the types of services the
subscriber or customer utilized,’.
SEC. 211. CLARIFICATION OF SCOPE.
Section 631 of the Communications Act of 1934 (47 U.S.C.
551) is amended–
(1) in subsection (c)(2)–
(A) in subparagraph (B), by striking `or’;
(B) in subparagraph (C), by striking the period at
the end and inserting `; or’; and
(C) by inserting at the end the following:
`(D) to a government entity as authorized under chapters
119, 121, or 206 of title 18, United States Code, except
that such disclosure shall not include records revealing
cable subscriber selection of video programming from a cable
operator.’; and
(2) in subsection (h), by striking `A governmental
entity’ and inserting `Except as provided in subsection
(c)(2)(D), a governmental entity’.
SEC. 212. EMERGENCY DISCLOSURE OF ELECTRONIC COMMUNICATIONS TO
PROTECT LIFE AND LIMB.
(a) DISCLOSURE OF CONTENTS-
(1) IN GENERAL- Section 2702 of title 18, United States
Code, is amended–
(A) by striking the section heading and inserting the
following:
`Sec. 2702. Voluntary disclosure of customer communications or
records’;
(B) in subsection (a)–
(i) in paragraph (2)(A), by striking `and’ at the
end;
(ii) in paragraph (2)(B), by striking the period
and inserting `; and’; and
(iii) by inserting after paragraph (2) the
following:
`(3) a provider of remote computing service or
electronic communication service to the public shall not
knowingly divulge a record or other information pertaining
to a subscriber to or customer of such service (not
including the contents of communications covered by
paragraph (1) or (2)) to any governmental entity.’;
(C) in subsection (b), by striking `EXCEPTIONS- A
person or entity’ and inserting `EXCEPTIONS FOR
DISCLOSURE OF COMMUNICATIONS- A provider described in
subsection (a)’;
(D) in subsection (b)(6)–
(i) in subparagraph (A)(ii), by striking
`or’;
(ii) in subparagraph (B), by striking the period
and inserting `; or’; and
(iii) by adding after subparagraph (B) the
following:
`(C) if the provider reasonably believes that an
emergency involving immediate danger of death or serious
physical injury to any person requires disclosure of the
information without delay.’; and
(E) by inserting after subsection (b) the
following:
`(c) EXCEPTIONS FOR DISCLOSURE OF CUSTOMER RECORDS- A
provider described in subsection (a) may divulge a record or
other information pertaining to a subscriber to or customer of
such service (not including the contents of communications
covered by subsection (a)(1) or (a)(2))–
`(1) as otherwise authorized in section 2703;
`(2) with the lawful consent of the customer or
subscriber;
`(3) as may be necessarily incident to the rendition of
the service or to the protection of the rights or property
of the provider of that service;
`(4) to a governmental entity, if the provider
reasonably believes that an emergency involving immediate
danger of death or serious physical injury to any person
justifies disclosure of the information; or
`(5) to any person other than a governmental
entity.’.
(2) TECHNICAL AND CONFORMING AMENDMENT- The table of
sections for chapter 121 of title 18, United States Code, is
amended by striking the item relating to section 2702 and
inserting the following:
`2702. Voluntary disclosure of customer communications
or records.’.
(b) REQUIREMENTS FOR GOVERNMENT ACCESS-
(1) IN GENERAL- Section 2703 of title 18, United States
Code, is amended–
(A) by striking the section heading and inserting the
following:
`Sec. 2703. Required disclosure of customer communications or
records’;
(B) in subsection (c) by redesignating paragraph (2)
as paragraph (3);
(C) in subsection (c)(1)–
(i) by striking `(A) Except as provided in
subparagraph (B), a provider of electronic
communication service or remote computing service may’
and inserting `A governmental entity may require a
provider of electronic communication service or remote
computing service to’;
(ii) by striking `covered by subsection (a) or (b)
of this section) to any person other than a
governmental entity.
`(B) A provider of electronic communication service
or remote computing service shall disclose a record or
other information pertaining to a subscriber to or
customer of such service (not including the contents of
communications covered by subsection (a) or (b) of this
section) to a governmental entity’ and inserting
`)’;
(iii) by redesignating subparagraph (C) as
paragraph (2);
(iv) by redesignating clauses (i), (ii), (iii),
and (iv) as subparagraphs (A), (B), (C), and (D),
respectively;
(v) in subparagraph (D) (as redesignated) by
striking the period and inserting `; or’; and
(vi) by inserting after subparagraph (D) (as
redesignated) the following:
`(E) seeks information under paragraph (2).’;
and
(D) in paragraph (2) (as redesignated) by striking
`subparagraph (B)’ and insert `paragraph (1)’.
(2) TECHNICAL AND CONFORMING AMENDMENT- The table of
sections for chapter 121 of title 18, United States Code, is
amended by striking the item relating to section 2703 and
inserting the following:
`2703. Required disclosure of customer communications or
records.’.
SEC. 213. AUTHORITY FOR DELAYING NOTICE OF THE EXECUTION OF A
WARRANT.
Section 3103a of title 18, United States Code, is
amended–
(1) by inserting `(a) IN GENERAL- ‘ before `In
addition’; and
(2) by adding at the end the following:
`(b) DELAY- With respect to the issuance of any warrant or
court order under this section, or any other rule of law, to
search for and seize any property or material that constitutes
evidence of a criminal offense in violation of the laws of the
United States, any notice required, or that may be required, to
be given may be delayed if–
`(1) the court finds reasonable cause to believe that
providing immediate notification of the execution of the
warrant may have an adverse result (as defined in section
2705);
`(2) the warrant prohibits the seizure of any tangible
property, any wire or electronic communication (as defined
in section 2510), or, except as expressly provided in
chapter 121, any stored wire or electronic information,
except where the court finds reasonable necessity for the
seizure; and
`(3) the warrant provides for the giving of such notice
within a reasonable period of its execution, which period
may thereafter be extended by the court for good cause
shown.’.
SEC. 214. PEN REGISTER AND TRAP AND TRACE AUTHORITY UNDER
FISA.
(a) APPLICATIONS AND ORDERS- Section 402 of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1842) is
amended–
(1) in subsection (a)(1), by striking `for any
investigation to gather foreign intelligence information or
information concerning international terrorism’ and
inserting `for any investigation to obtain foreign
intelligence information not concerning a United States
person or to protect against international terrorism or
clandestine intelligence activities, provided that such
investigation of a United States person is not conducted
solely upon the basis of activities protected by the first
amendment to the Constitution’;
(2) by amending subsection (c)(2) to read as
follows:
`(2) a certification by the applicant that the
information likely to be obtained is foreign intelligence
information not concerning a United States person or is
relevant to an ongoing investigation to protect against
international terrorism or clandestine intelligence
activities, provided that such investigation of a United
States person is not conducted solely upon the basis of
activities protected by the first amendment to the
Constitution.’;
(3) by striking subsection (c)(3); and
(4) by amending subsection (d)(2)(A) to read as
follows:
`(A) shall specify–
`(i) the identity, if known, of the person who is
the subject of the investigation;
`(ii) the identity, if known, of the person to
whom is leased or in whose name is listed the
telephone line or other facility to which the pen
register or trap and trace device is to be attached or
applied;
`(iii) the attributes of the communications to
which the order applies, such as 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 a trap and trace device,
the geographic limits of the trap and trace
order.’.
(b) AUTHORIZATION DURING EMERGENCIES- Section 403 of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1843)
is amended–
(1) in subsection (a), by striking `foreign intelligence
information or information concerning international
terrorism’ and inserting `foreign intelligence information
not concerning a United States person or information to
protect against international terrorism or clandestine
intelligence activities, provided that such investigation of
a United States person is not conducted solely upon the
basis of activities protected by the first amendment to the
Constitution’; and
(2) in subsection (b)(1), by striking `foreign
intelligence information or information concerning
international terrorism’ and inserting `foreign intelligence
information not concerning a United States person or
information to protect against international terrorism or
clandestine intelligence activities, provided that such
investigation of a United States person is not conducted
solely upon the basis of activities protected by the first
amendment to the Constitution’.
SEC. 215. ACCESS TO RECORDS AND OTHER ITEMS UNDER THE FOREIGN
INTELLIGENCE SURVEILLANCE ACT.
Title V of the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. 1861 et seq.) is amended by striking sections
501 through 503 and inserting the following:
`SEC. 501. ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN
INTELLIGENCE AND INTERNATIONAL TERRORISM INVESTIGATIONS.
`(a)(1) The Director of the Federal Bureau of Investigation
or a designee of the Director (whose rank shall be no lower
than Assistant Special Agent in Charge) may make an application
for an order requiring the production of any tangible things
(including books, records, papers, documents, and other items)
for an investigation to protect against international terrorism
or clandestine intelligence activities, provided that such
investigation of a United States person is not conducted solely
upon the basis of activities protected by the first amendment
to the Constitution.
`(2) An investigation conducted under this section
shall–
`(A) be conducted under guidelines approved by the
Attorney General under Executive Order 12333 (or a successor
order); and
`(B) not be conducted of a United States person solely
upon the basis of activities protected by the first
amendment to the Constitution of the United States.
`(b) Each application under this section–
`(1) shall be made to–
`(A) a judge of the court established by section
103(a); or
`(B) a United States Magistrate Judge under chapter
43 of title 28, United States Code, who is publicly
designated by the Chief Justice of the United States to
have the power to hear applications and grant orders for
the production of tangible things under this section on
behalf of a judge of that court; and
`(2) shall specify that the records concerned are sought
for an authorized investigation conducted in accordance with
subsection (a)(2) to protect against international terrorism
or clandestine intelligence activities.
`(c)(1) Upon an application made pursuant to this section,
the judge shall enter an ex parte order as requested, or as
modified, approving the release of records if the judge finds
that the application meets the requirements of this
section.
`(2) An order under this subsection shall not disclose that
it is issued for purposes of an investigation described in
subsection (a).
`(d) No person shall disclose to any other person (other
than those persons necessary to produce the tangible things
under this section) that the Federal Bureau of Investigation
has sought or obtained tangible things under this section.
`(e) A person who, in good faith, produces tangible things
under an order pursuant to this section shall not be liable to
any other person for such production. Such production shall not
be deemed to constitute a waiver of any privilege in any other
proceeding or context.
`SEC. 502. CONGRESSIONAL OVERSIGHT.
`(a) On a semiannual basis, the Attorney General shall
fully inform the Permanent Select Committee on Intelligence of
the House of Representatives and the Select Committee on
Intelligence of the Senate concerning all requests for the
production of tangible things under section 402.
`(b) On a semiannual basis, the Attorney General shall
provide to the Committees on the Judiciary of the House of
Representatives and the Senate a report setting forth with
respect to the preceding 6-month period–
`(1) the total number of applications made for orders
approving requests for the production of tangible things
under section 402; and
`(2) the total number of such orders either granted,
modified, or denied.’.
SEC. 216. MODIFICATION OF AUTHORITIES RELATING TO USE OF PEN
REGISTERS AND TRAP AND TRACE DEVICES.
(a) GENERAL LIMITATIONS- 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 or electronic
communications so as not to include the contents of any wire
or electronic communications’.
(b) ISSUANCE OF ORDERS-
(1) IN GENERAL- Section 3123(a) of title 18, United
States Code, is amended to read as follows:
`(a) IN GENERAL-
`(1) ATTORNEY FOR THE GOVERNMENT- Upon an application
made under section 3122(a)(1), the court shall enter an ex
parte order authorizing the installation and use of a pen
register or trap and trace device anywhere within the United
States, 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,
upon service of that order, shall apply to any person or
entity providing wire or electronic communication service in
the United States whose assistance may facilitate the
execution of the order. Whenever such an order is served on
any person or entity not specifically named in the order,
upon request of such person or entity, the attorney for the
Government or law enforcement or investigative officer that
is serving the order shall provide written or electronic
certification that the order applies to the person or entity
being served.
`(2) STATE INVESTIGATIVE OR LAW ENFORCEMENT OFFICER-
Upon an application made under section 3122(a)(2), 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.
`(3)(A) Where the law enforcement agency implementing an
ex parte order under this subsection seeks to do so by
installing and using its own pen register or trap and trace
device on a packet-switched data network of a provider of
electronic communication service to the public, the agency
shall ensure that a record will be maintained which will
identify–
`(i) any officer or officers who installed the device
and any officer or officers who accessed the device to
obtain information from the network;
`(ii) the date and time the device was installed, the
date and time the device was uninstalled, and the date,
time, and duration of each time the device is accessed to
obtain information;
`(iii) the configuration of the device at the time of
its installation and any subsequent modification thereof;
and
`(iv) any information which has been collected by the
device.
To the extent that the pen register or trap and trace
device can be set automatically to record this information
electronically, the record shall be maintained
electronically throughout the installation and use of such
device.
`(B) The record maintained under subparagraph (A) shall
be provided ex parte and under seal to the court which
entered the ex parte order authorizing the installation and
use of the device within 30 days after termination of the
order (including any extensions thereof).’.
(2) CONTENTS OF ORDER- Section 3123(b)(1) of title 18,
United States Code, 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:
`(C) the attributes 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- Section 3123(d)(2) of
title 18, United States Code, 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) DEFINITIONS-
(1) COURT OF COMPETENT JURISDICTION- Section 3127(2) of
title 18, United States Code, is amended by striking
subparagraph (A) and inserting the following:
`(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- Section 3127(3) of title 18, United
States Code, is amended–
(A) by striking `electronic or other impulses’ and
all that follows through `is attached’ and inserting
`dialing, routing, addressing, or signaling information
transmitted by an instrument or facility from which a
wire or electronic communication is transmitted,
provided, however, that such information shall not
include the contents of any communication’; and
(B) by inserting `or process’ after `device’ each
place it appears.
(3) TRAP AND TRACE DEVICE- Section 3127(4) of title 18,
United States Code, is amended–
(A) by striking `of an instrument’ and all that
follows through the semicolon and inserting `or other
dialing, routing, addressing, and signaling information
reasonably likely to identify the source of a wire or
electronic communication, provided, however, that such
information shall not include the contents of any
communication;’; and
(B) by inserting `or process’ after `a device’.
(4) CONFORMING AMENDMENT- Section 3127(1) of title 18,
United States Code, is amended–
(A) by striking `and’; and
(B) by inserting `, and `contents’ after `electronic
communication service’.
(5) TECHNICAL AMENDMENT- Section 3124(d) of title 18,
United States Code, is amended by striking `the terms
of’.
(6) CONFORMING AMENDMENT- Section 3124(b) of title 18,
United States Code, is amended by inserting `or other
facility’ after `the appropriate line’.
SEC. 217. INTERCEPTION OF COMPUTER TRESPASSER
COMMUNICATIONS.
Chapter 119 of title 18, United States Code, is
amended–
(1) in section 2510–
(A) in paragraph (18), by striking `and’ at the
end;
(B) in paragraph (19), by striking the period and
inserting a semicolon; and
(C) by inserting after paragraph (19) the
following:
`(20) `protected computer’ has the meaning set forth in
section 1030; and
`(21) `computer trespasser’–
`(A) means a person who accesses a protected computer
without authorization and thus has no reasonable
expectation of privacy in any communication transmitted
to, through, or from the protected computer; and
`(B) does not include a person known by the owner or
operator of the protected computer to have an existing
contractual relationship with the owner or operator of
the protected computer for access to all or part of the
protected computer.’; and
(2) in section 2511(2), by inserting at the end the
following:
`(i) It shall not be unlawful under this chapter for a
person acting under color of law to intercept the wire or
electronic communications of a computer trespasser transmitted
to, through, or from the protected computer, if–
`(I) the owner or operator of the protected computer
authorizes the interception of the computer trespasser’s
communications on the protected computer;
`(II) the person acting under color of law is lawfully
engaged in an investigation;
`(III) the person acting under color of law has
reasonable grounds to believe that the contents of the
computer trespasser’s communications will be relevant to the
investigation; and
`(IV) such interception does not acquire communications
other than those transmitted to or from the computer
trespasser.’.
SEC. 218. FOREIGN INTELLIGENCE INFORMATION.
Sections 104(a)(7)(B) and section 303(a)(7)(B) (50 U.S.C.
1804(a)(7)(B) and 1823(a)(7)(B)) of the Foreign Intelligence
Surveillance Act of 1978 are each amended by striking `the
purpose’ and inserting `a significant purpose’.
SEC. 219. SINGLE-JURISDICTION SEARCH WARRANTS FOR
TERRORISM.
Rule 41(a) of the Federal Rules of Criminal Procedure is
amended by inserting after `executed’ the following: `and (3)
in an investigation of domestic terrorism or international
terrorism (as defined in section 2331 of title 18, United
States Code), by a Federal magistrate judge in any district in
which activities related to the terrorism may have occurred,
for a search of property or for a person within or outside the
district’.
SEC. 220. NATIONWIDE SERVICE OF SEARCH WARRANTS FOR ELECTRONIC
EVIDENCE.
(a) IN GENERAL- Chapter 121 of title 18, United States
Code, is amended–
(1) in section 2703, by striking `under the Federal
Rules of Criminal Procedure’ every place it appears and
inserting `using the procedures described in the Federal
Rules of Criminal Procedure by a court with jurisdiction
over the offense under investigation’; and
(2) in section 2711–
(A) in paragraph (1), by striking `and’;
(B) in paragraph (2), by striking the period and
inserting `; and’; and
(C) by inserting at the end the following:
`(3) the term `court of competent jurisdiction’ has the
meaning assigned by section 3127, and includes any Federal
court within that definition, without geographic
limitation.’.
(b) CONFORMING AMENDMENT- Section 2703(d) of title 18,
United States Code, is amended by striking `described in
section 3127(2)(A)’.
SEC. 221. TRADE SANCTIONS.
(a) IN GENERAL- The Trade Sanctions Reform and Export
Enhancement Act of 2000 (Public Law 106-387; 114 Stat.
1549A-67) is amended–
(1) by amending section 904(2)(C) to read as
follows:
`(C) used to facilitate the design, development, or
production of chemical or biological weapons, missiles,
or weapons of mass destruction.’;
(2) in section 906(a)(1)–
(A) by inserting `, the Taliban or the territory of
Afghanistan controlled by the Taliban,’ after `Cuba’;
and
(B) by inserting `, or in the territory of
Afghanistan controlled by the Taliban,’ after `within
such country’; and
(3) in section 906(a)(2), by inserting `, or to any
other entity in Syria or North Korea’ after `Korea’.
(b) APPLICATION OF THE TRADE SANCTIONS REFORM AND EXPORT
ENHANCEMENT ACT- Nothing in the Trade Sanctions Reform and
Export Enhancement Act of 2000 shall limit the application or
scope of any law establishing criminal or civil penalties,
including any executive order or regulation promulgated
pursuant to such laws (or similar or successor laws), for the
unlawful export of any agricultural commodity, medicine, or
medical device to–
(1) a foreign organization, group, or person designated
pursuant to Executive Order 12947 of January 23, 1995, as
amended;
(2) a Foreign Terrorist Organization pursuant to the
Antiterrorism and Effective Death Penalty Act of 1996
(Public Law 104-132);
(3) a foreign organization, group, or person designated
pursuant to Executive Order 13224 (September 23, 2001);
(4) any narcotics trafficking entity designated pursuant
to Executive Order 12978 (October 21, 1995) or the Foreign
Narcotics Kingpin Designation Act (Public Law 106-120);
or
(5) any foreign organization, group, or persons subject
to any restriction for its involvement in weapons of mass
destruction or missile proliferation.
SEC. 222. ASSISTANCE TO LAW ENFORCEMENT AGENCIES.
Nothing in this Act shall impose any additional technical
obligation or requirement on a provider of a wire or electronic
communication service or other person to furnish facilities or
technical assistance. A provider of a wire or electronic
communication service, landlord, custodian, or other person who
furnishes facilities or technical assistance pursuant to
section 216 shall be reasonably compensated for such reasonable
expenditures incurred in providing such facilities or
assistance.
SEC. 223. CIVIL LIABILITY FOR CERTAIN UNAUTHORIZED
DISCLOSURES.
(a) Section 2520 of title 18, United States Code, is
amended–
(1) in subsection (a), after `entity’, by inserting `,
other than the United States,’;
(2) by adding at the end the following:
`(f) ADMINISTRATIVE DISCIPLINE- If a court or appropriate
department or agency determines that the United States or any
of its departments or agencies has violated any provision of
this chapter, and the court or appropriate department or agency
finds that the circumstances surrounding the violation raise
serious questions about whether or not an officer or employee
of the United States acted willfully or intentionally with
respect to the violation, the department or agency shall, upon
receipt of a true and correct copy of the decision and findings
of the court or appropriate department or agency promptly
initiate a proceeding to determine whether disciplinary action
against the officer or employee is warranted. If the head of
the department or agency involved determines that disciplinary
action is not warranted, he or she shall notify the Inspector
General with jurisdiction over the department or agency
concerned and shall provide the Inspector General with the
reasons for such determination.’; and
(3) by adding a new subsection (g), as follows:
`(g) IMPROPER DISCLOSURE IS VIOLATION- Any willful
disclosure or use by an investigative or law enforcement
officer or governmental entity of information beyond the extent
permitted by section 2517 is a violation of this chapter for
purposes of section 2520(a).
(b) Section 2707 of title 18, United States Code, is
amended–
(1) in subsection (a), after `entity’, by inserting `,
other than the United States,’;
(2) by striking subsection (d) and inserting the
following:
`(d) ADMINISTRATIVE DISCIPLINE- If a court or appropriate
department or agency determines that the United States or any
of its departments or agencies has violated any provision of
this chapter, and the court or appropriate department or agency
finds that the circumstances surrounding the violation raise
serious questions about whether or not an officer or employee
of the United States acted willfully or intentionally with
respect to the violation, the department or agency shall, upon
receipt of a true and correct copy of the decision and findings
of the court or appropriate department or agency promptly
initiate a proceeding to determine whether disciplinary action
against the officer or employee is warranted. If the head of
the department or agency involved determines that disciplinary
action is not warranted, he or she shall notify the Inspector
General with jurisdiction over the department or agency
concerned and shall provide the Inspector General with the
reasons for such determination.’; and
(3) by adding a new subsection (g), as follows:
`(g) IMPROPER DISCLOSURE- Any willful disclosure of a
`record’, as that term is defined in section 552a(a) of title
5, United States Code, obtained by an investigative or law
enforcement officer, or a governmental entity, pursuant to
section 2703 of this title, or from a device installed pursuant
to section 3123 or 3125 of this title, that is not a disclosure
made in the proper performance of the official functions of the
officer or governmental entity making the disclosure, is a
violation of this chapter. This provision shall not apply to
information previously lawfully disclosed (prior to the
commencement of any civil or administrative proceeding under
this chapter) to the public by a Federal, State, or local
governmental entity or by the plaintiff in a civil action under
this chapter.’.
(c)(1) Chapter 121 of title 18, United States Code, is
amended by adding at the end the following:
`Sec. 2712. Civil actions against the United States
`(a) IN GENERAL- Any person who is aggrieved by any willful
violation of this chapter or of chapter 119 of this title or of
sections 106(a), 305(a), or 405(a) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) may commence
an action in United States District Court against the United
States to recover money damages. In any such action, if a
person who is aggrieved successfully establishes such a
violation of this chapter or of chapter 119 of this title or of
the above specific provisions of title 50, the Court may assess
as damages–
`(1) actual damages, but not less than $10,000,
whichever amount is greater; and
`(2) litigation costs, reasonably incurred.
`(b) PROCEDURES- (1) Any action against the United States
under this section may be commenced only after a claim is
presented to the appropriate department or agency under the
procedures of the Federal Tort Claims Act, as set forth in
title 28, United States Code.
`(2) Any action against the United States under this
section shall be forever barred unless it is presented in
writing to the appropriate Federal agency within 2 years
after such claim accrues or unless action is begun within 6
months after the date of mailing, by certified or registered
mail, of notice of final denial of the claim by the agency
to which it was presented. The claim shall accrue on the
date upon which the claimant first has a reasonable
opportunity to discover the violation.’.
`(3) Any action under this section shall be tried to the
court without a jury.
`(4) Notwithstanding any other provision of law, the
procedures set forth in section 106(f), 305(g), or 405(f) of
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1801 et seq.) shall be the exclusive means by which materials
governed by those sections may be reviewed.
`(5) An amount equal to any award against the United States
under this section shall be reimbursed by the department or
agency concerned to the fund described in section 1304 of title
31, United States Code, out of any appropriation, fund, or
other account (excluding any part of such appropriation, fund,
or account that is available for the enforcement of any Federal
law) that is available for the operating expenses of the
department or agency concerned.
`(c) ADMINISTRATIVE DISCIPLINE- If a court or appropriate
department or agency determines that the United States or any
of its departments or agencies has violated any provision of
this chapter, and the court or appropriate department or agency
finds that the circumstances surrounding the violation raise
serious questions about whether or not an officer or employee
of the United States acted willfully or intentionally with
respect to the possible violation, the department or agency
shall, upon receipt of a true and correct copy of the decision
and findings of the court or appropriate department or agency
promptly initiate a proceeding to determine whether
disciplinary action against the officer or employee is
warranted. If the head of the department or agency involved
determines that disciplinary action is not warranted, he or she
shall notify the Inspector General with jurisdiction over the
department or agency concerned and shall provide the Inspector
General with the reasons for such determination.
`(d) EXCLUSIVE REMEDY- Any action against the United States
under this subsection shall be the exclusive remedy against the
United States for any claims within the purview of this
section.
`(e) STAY OF PROCEEDINGS- (1) Upon the motion of the United
States, the court shall stay any action commenced under this
section if the court determines that civil discovery will
adversely affect the ability of the Government to conduct a
related investigation or the prosecution of a related criminal
case. Such a stay shall toll the limitations periods of
paragraph (2) of subsection (b).
`(2) In this subsection, the terms `related criminal case’
and `related investigation’ mean an actual prosecution or
investigation in progress at the time at which the request for
the stay or any subsequent motion to lift the stay is made. In
determining whether an investigation or a criminal case is
related to an action commenced under this section, the court
shall consider the degree of similarity between the parties,
witnesses, facts, and circumstances involved in the 2
proceedings, without requiring that any one or more factors be
identical.
`(3) In requesting a stay under paragraph (1), the
Government may, in appropriate cases, submit evidence ex parte
in order to avoid disclosing any matter that may adversely
affect a related investigation or a related criminal case. If
the Government makes such an ex parte submission, the plaintiff
shall be given an opportunity to make a submission to the
court, not ex parte, and the court may, in its discretion,
request further information from either party.’.
(2) The table of sections at the beginning of chapter 121
is amended to read as follows:
`2712. Civil action against the United States.’.
SEC. 224. SUNSET.
(a) IN GENERAL- Except as provided in subsection (b), this
title and the amendments made by this title (other than
sections 203(a), 203(c), 205, 208, 210, 211, 213, 216, 219,
221, and 222, and the amendments made by those sections) shall
cease to have effect on December 31, 2005.
(b) EXCEPTION- With respect to any particular foreign
intelligence investigation that began before the date on which
the provisions referred to in subsection (a) cease to have
effect, or with respect to any particular offense or potential
offense that began or occurred before the date on which such
provisions cease to have effect, such provisions shall continue
in effect.
SEC. 225. IMMUNITY FOR COMPLIANCE WITH FISA WIRETAP.
Section 105 of the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. 1805) is amended by inserting after subsection
(g) the following:
`(h) No cause of action shall lie in any court against any
provider of a wire or electronic communication service,
landlord, custodian, or other person (including any officer,
employee, agent, or other specified person thereof) that
furnishes any information, facilities, or technical assistance
in accordance with a court order or request for emergency
assistance under this Act.’.
TITLE III–INTERNATIONAL MONEY LAUNDERING ABATEMENT
AND ANTI-TERRORIST FINANCING ACT OF 2001
AND ANTI-TERRORIST FINANCING ACT OF 2001
SEC. 301. SHORT TITLE.
This title may be cited as the `International Money
Laundering Abatement and Financial Anti-Terrorism Act of
2001′.
SEC. 302. FINDINGS AND PURPOSES.
(a) FINDINGS- The Congress finds that–
(1) money laundering, estimated by the International
Monetary Fund to amount to between 2 and 5 percent of global
gross domestic product, which is at least $600,000,000,000
annually, provides the financial fuel that permits
transnational criminal enterprises to conduct and expand
their operations to the detriment of the safety and security
of American citizens;
(2) money laundering, and the defects in financial
transparency on which money launderers rely, are critical to
the financing of global terrorism and the provision of funds
for terrorist attacks;
(3) money launderers subvert legitimate financial
mechanisms and banking relationships by using them as
protective covering for the movement of criminal proceeds
and the financing of crime and terrorism, and, by so doing,
can threaten the safety of United States citizens and
undermine the integrity of United States financial
institutions and of the global financial and trading systems
upon which prosperity and growth depend;
(4) certain jurisdictions outside of the United States
that offer `offshore’ banking and related facilities
designed to provide anonymity, coupled with weak financial
supervisory and enforcement regimes, provide essential tools
to disguise ownership and movement of criminal funds,
derived from, or used to commit, offenses ranging from
narcotics trafficking, terrorism, arms smuggling, and
trafficking in human beings, to financial frauds that prey
on law-abiding citizens;
(5) transactions involving such offshore jurisdictions
make it difficult for law enforcement officials and
regulators to follow the trail of money earned by criminals,
organized international criminal enterprises, and global
terrorist organizations;
(6) correspondent banking facilities are one of the
banking mechanisms susceptible in some circumstances to
manipulation by foreign banks to permit the laundering of
funds by hiding the identity of real parties in interest to
financial transactions;
(7) private banking services can be susceptible to
manipulation by money launderers, for example corrupt
foreign government officials, particularly if those services
include the creation of offshore accounts and facilities for
large personal funds transfers to channel funds into
accounts around the globe;
(8) United States anti-money laundering efforts are
impeded by outmoded and inadequate statutory provisions that
make investigations, prosecutions, and forfeitures more
difficult, particularly in cases in which money laundering
involves foreign persons, foreign banks, or foreign
countries;
(9) the ability to mount effective counter-measures to
international money launderers requires national, as well as
bilateral and multilateral action, using tools specially
designed for that effort; and
(10) the Basle Committee on Banking Regulation and
Supervisory Practices and the Financial Action Task Force on
Money Launder