USA PATRIOT Act as Passed by Congress
Uniting and Strengthening America by Providing Appropriate
Tools Required to Intercept and Obstruct Terrorism Act (Oct.
25, 2001)
HR 3162 RDS
107th CONGRESS
1st Session
H. R. 3162
IN THE SENATE OF THE UNITED STATES
October 24, 2001
Received
AN ACT
To deter and punish terrorist acts in the United States 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
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
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 publ