|
107th
CONGRESS
1st Session
H. R. 3162
IN THE SENATE OF THE UNITED STATES
October 24, 2001
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-
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