ToucanSam Report This Comment Date: October 07, 2005 03:08AM
WARNING WARNING WARNING BEHOLD THE PATRIOT ACT
REALLY, WARNING, THIS BITCH IS OVER 320 PAGES LONG.
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;
(
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;';
(
in subparagraph (
-
(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;
(
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
`(
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
(
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)(
of the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. 1805(c)(2)(
) 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
(
inserting before the period the following: `, and
(
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';
(
inserting `(A)' after `except that'; and
(C) inserting before the period the following: `, and (
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
(
inserting before the period the following: `, and
(
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
(
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;
(
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;
`(
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 (
, by striking `or';
(
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';
(
in subsection (a)--
(i) in paragraph (2)(A), by striking `and' at the end;
(ii) in paragraph (2)(
, 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 (
, by striking the period and inserting `; or'; and
(iii) by adding after subparagraph (
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';
(
in subsection (c) by redesignating paragraph (2)
as paragraph (3);
(C) in subsection (c)(1)--
(i) by striking `(A) Except as provided in subparagraph (
, 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.
`(
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),
(
, (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 (
' 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
`(
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
`(
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.
`(
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
(
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
(
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
(
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
(
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
(
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;
(
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
`(
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)(
and section 303(a)(7)(
(50 U.S.C. 1804(a)(7)(
and 1823(a)(7)(
) 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';
(
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
(
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
