Tags
a commercial offer, authority omitted, implimenting legislation is omitted, must be sold, patriot act, U.S.A. PATRIOT ACT
THE PATRIOT ACT IS RESTRICTED ONLY
TO A COMMERCIAL OFFER
UNITED STATES PRINTING OFFICE STYLE MANUAL 2008 Publication , Chapter 8, 8.19 — 8.20 – Page 198 . . . (The use of) Pairs of Brackets 8.20. In Bills, Contracts, etc. to indicate matter that is to be omitted.
Please note that virtually every page within the below PATRIOT ACT text have been omitted, meaning the act is non-existent to the general public, with the exception of where the said general public can be coerced to believe the act applies to them. (Fraud in the inducement) Attempting to argue the unconstitutionality of the act goes to traverse or joinder and causes the challenging individual to grant jurisdiction to argue or contest the act as inapplicable to be commercially transacted . . . which by the acts nature is perfectly legal and beyond a constitutional challenge to sell the act to any member of the public who accepts the offer by some offering “agent.”
WHEREAS:
THE PROMULGATED RULES AND REGS THAT COME WITHIN [PAIRS OF BRACKETS] PER THE GOVERNMENT PRINTING OFFICE STYLE MANUAL, ARE OMITTED AND THEREBY, CAUSE THE PRIVATE COPYRIGHT STATUTE TO POSSESS NO FORCE OR EFFECT OF LAW TO BE UNILATERALLY ENFORCED UPON THE SERVED PARTY.
Note also, where displayed, the first pairs of brackets within pairs of brackets denotes the Act as derive from the legislative body of the de facto corporate united state inc., i.e. District of Columbia doing business in the nature of a law merchant selling the statute.
[107th Congress Public Law 56]
[From the U.S. Government Printing Office]<DOC>
[DOCID: f:publ056.107]
[[Page 271]] Omitted!
UNITING AND STRENGTHENING AMERICA BY PROVIDING APPROPRIATE TOOLS
REQUIRED TO INTERCEPT AND OBSTRUCT TERRORISM (USA PATRIOT ACT) ACT OF 2001
[[Page 115 STAT. 272]] Omitted!
Public Law 107-56 107th Congress
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. <<NOTE: Oct. 26, 2001 – [H.R. 3162]>>
Be it enacted by the Senate and House of Representatives of the
United States of America <<NOTE: Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001.>> in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short <<NOTE: 18 USC 1 note.>> 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.
[[Page 115 STAT. 273]] Omitted!
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 privatebanking 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 launderingcrimes.
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 chapter53 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 ofwire transfers.
Sec. 329. Criminal penalties.
Sec. 330. International cooperation in investigations of money
laundering, financial crimes, and the finances of terroristgroups.
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 andcertain 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 inwritten employment references.
Sec. 356. Reporting of suspicious activities by securities brokers anddealers; 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.
[[Page 115 STAT. 274]] Omitted!
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-ExitTask 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 theprevention, investigation, rescue, or recovery effortsrelated to a terrorist attack.
Sec. 612. Technical correction with respect to expedited payments forheroic 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 INFRASTRUCTUREPROTECTION
Sec. 701. Expansion of regional information sharing system to facilitate Federal-State-local law enforcement response related toterrorist attacks.
[[Page 115 STAT. 275]] Omitted!
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 scopeof 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 reportson 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 provisionof 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 identificationtechnology act for antiterrorism grants to States and
localities.
Sec. 1016. Critical infrastructures protection.
SEC. 2. <<NOTE: 18 USC 1 note.>> CONSTRUCTION; SEVERABILITY.
Any provision of this Act held to be invalid or unenforceable by itsterms, or as applied to any person or circumstance, shall be construedso as to give it the maximum effect permitted by law, unless suchholding shall be one of utter invalidity or unenforceability, in whichevent such provision shall be deemed
[[Page 115 STAT. 276]] omitted
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. <<NOTE: 28 USC 524 note.>> 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
[[Page 115 STAT. 277]]
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 EffectiveDeath Penalty Act of 1996 (Public Law 104-132) to help meet the demandsfor activities to combat terrorism and support and enhance the technicalsupport 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. <<NOTE: 18 USC 3056 note.>> EXPANSION OF NATIONAL ELECTRONICCRIME TASK FORCE INITIATIVE.
The Director of the United States Secret Service shall take
appropriate actions to develop a national network of electronic crimetask 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:
[[Page 115 STAT. 278]]
“(C) when the United States is engaged in armed hostilities or has been attacked by a foreign country orforeign nationals, confiscate any property, subject tothe jurisdiction of the United States, of any foreignperson, foreign organization, or foreign country that he determines has planned, authorized, aided, or engaged in such hostilities or attacks against the UnitedStates;and all right, title, and interest in any property soconfiscated shall vest, when, as, and upon the termsdirected 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 theUnited 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 onclassified information (as defined in section 1(a) of the ClassifiedInformation Procedures Act) such information may be submitted to thereviewing court ex parte and in camera. This subsection does not conferor 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 section1030 (relating to computer fraud and abuse),”.
SEC. 203. <<NOTE: 18 USC app.>> AUTHORITY TO SHARE CRIMINALINVESTIGATIVE INFORMATION.
(a) Authority To Share Grand Jury Information.
[[Page 115 STAT. 279]]
(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
[[Page 115 STAT. 280]]
“(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 orcounterintelligence (as defined in section 3 of the National SecurityAct of 1947 (50 U.S.C. 401a)), or foreign intelligence information (asdefined in subsection (19) of section 2510 of this title), to assist theofficial who is to receive that information in the performance of hisofficial duties. Any Federal official who receives information pursuantto this provision may use that information only as necessary in the conduct of that person’s official duties subject to any limitations onthe 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 <<NOTE: 18 USC 2517 note.>> Attorney Generalshall establish procedures for the disclosure of information pursuant to
section 2517(6)
[[Page 115 STAT. 281]]
and Rule 6(e)(3)(C)(i)(V) of the Federal Rules of Criminal Procedurethat identifies a United States person, as defined in section 101 of theForeign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801)).
(d) Foreign <<NOTE: 50 USC 403-5d.>> 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 ELECTRONICCOMMUNICATIONS.
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. <<NOTE: 28 USC 532 note.>> EMPLOYMENT OF TRANSLATORS BY THEFEDERAL BUREAU OF INVESTIGATION.
(a) Authority.–The Director of the Federal Bureau of Investigation
is authorized to expedite the employment of personnel as translators tosupport 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).
[[Page 115 STAT. 282]]
(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 ofthe application may have the effect of thwarting the identification of aspecified 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),”.
[[Page 115 STAT. 283]]
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:
[[Page 115 STAT. 284]]
“(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 informationpertaining to a subscriber to or customer of such service (not includingthe 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;
[[Page 115 STAT. 285]]
“(4) to a governmental entity, if the provider reasonably
believes that an emergency involving immediate danger of death
or serious physical injury to any person justifies disclosure of
the information; or
“(5) to any person other than a governmental entity.”.
(2) Technical and conforming amendment.–The table of
sections for chapter 121 of title 18, United States Code, is
amended by striking the item relating to section 2702 and
inserting the following:
“2702. Voluntary disclosure of customer communications or records.”.
(b) Requirements for Government Access.–
(1) In general.–Section 2703 of title 18, United States
Code, is amended–
(A) by striking the section heading and inserting
the following:
“Sec. 2703. Required disclosure of customer communications or
records”;
(B) in subsection (c) by redesignating paragraph (2)
as paragraph (3);
(C) in subsection (c)(1)–
(i) by striking “(A) Except as provided in
subparagraph (B), a provider of electronic
communication service or remote computing service
may” and inserting “A governmental entity may
require a provider of electronic communication
service or remote computing service to”;
(ii) by striking “covered by subsection (a)
or (b) of this section) to any person other than a
governmental entity.
“(B) A provider of electronic communication service
or remote computing service shall disclose a record or
other information pertaining to a subscriber to or
customer of such service (not including the contents of
communications covered by subsection (a) or (b) of this
section) to a governmental entity” and inserting “)”;
(iii) by redesignating subparagraph (C) as
paragraph (2);
(iv) by redesignating clauses (i), (ii),
(iii), and (iv) as subparagraphs (A), (B), (C),
and (D), respectively;
(v) in subparagraph (D) (as redesignated) by
striking the period and inserting “; or”; and
(vi) by inserting after subparagraph (D) (as
redesignated) the following:
“(E) seeks information under paragraph (2).”; and
(D) in paragraph (2) (as redesignated) by striking
“subparagraph (B)” and insert “paragraph (1)”.
(2) Technical and conforming amendment.–The table of
sections for chapter 121 of title 18, United States Code, is
amended by striking the item relating to section 2703 and
inserting the following:
“2703. Required disclosure of customer communications or records.”.
SEC. 213. AUTHORITY FOR DELAYING NOTICE OF THE EXECUTION OF A WARRANT.
Section 3103a of title 18, United States Code, is amended–
[[Page 115 STAT. 286]]
(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,
[[Page 115 STAT. 287]]
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. <<NOTE: 50 USC 1861.>> 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 requiringthe production of any tangible things (including books, records, papers,documents, and other items) for an investigation to protect against
international terrorism or clandestine intelligence activities, provided that such investigation of a United States person is not conducted
solely upon the basis of activities protected by the first amendment to the Constitution.
“(2) An investigation conducted under this section shall–
“(A) be conducted under guidelines approved by the Attorney
General under Executive Order 12333 (or a successor order); and
“(B) not be conducted of a United States person solely upon
the basis of activities protected by the first amendment to the
Constitution of the United States.
“(b) Each application under this section–
“(1) shall be made to–
“(A) a judge of the court established by section
103(a); or
“(B) a United States Magistrate Judge under chapter
43 of title 28, United States Code, who is publicly
designated by the Chief Justice of the United States to
have the power to hear applications and grant orders for
the production of tangible things under this section on
behalf of a judge of that court; and
[[Page 115 STAT. 288]]
“(2) shall specify that the records concerned are sought
for an authorized investigation conducted in accordance with
subsection (a)(2) to obtain foreign intelligence information not
concerning a United States person or 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 applicationmeets 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 thosepersons necessary to produce the tangible things under this section)that the Federal Bureau of Investigation has sought or obtained tangiblethings under this section.
“(e) A person who, in good faith, produces tangible things under anorder pursuant to this section shall not be liable to any other person for such production. Such production shall not be deemed to constitute awaiver of any privilege in any other proceeding or context.
“SEC. 502. <<NOTE: 50 USC 1862.>> CONGRESSIONAL OVERSIGHT.
“(a) On a semiannual basis, the Attorney General shall fully informthe Permanent Select Committee on Intelligence of the House ofRepresentatives and the Select Committee on Intelligence of the Senateconcerning 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
[[Page 115 STAT. 289]]
has certified to the court that the information likely to be
obtained by such installation and use is relevant to an ongoing
criminal investigation. The order, upon service of that order,
shall apply to any person or entity providing wire or electronic
communication service in the United States whose assistance may
facilitate the execution of the order. Whenever such an order is
served on any person or entity not specifically named in the
order, upon request of such person or entity, the attorney for
the Government or law enforcement or investigative officer that
is serving the order shall provide written or electronic
certification that the order applies to the person or entity
being served.
“(2) State investigative or law enforcement officer.–Upon
an application made under section 3122(a)(2), the court shall
enter an ex parte order authorizing the installation and use of
a pen register or trap and trace device within the jurisdiction
of the court, if the court finds that the State law enforcement
or investigative officer has certified to the court that the
information likely to be obtained by such installation and use
is relevant to an ongoing criminal investigation.
“(3)(A) Where the law enforcement agency implementing an ex
parte order under this subsection seeks to do so by installing
and using its own pen register or trap and trace device on a
packet-switched data network of a provider of electronic
communication service to the public, the agency shall ensure
that a record will be maintained which will identify–
“(i) any officer or officers who installed the
device and any officer or officers who accessed the
device to obtain information from the network;
“(ii) the date and time the device was installed,
the date and time the device was uninstalled, and the
date, time, and duration of each time the device is
accessed to obtain information;
“(iii) the configuration of the device at the time
of its installation and any subsequent modification
thereof; and
“(iv) any information which has been collected by
the device.
To the extent that the pen register or trap and trace device can
be set automatically to record this information electronically,
the record shall be maintained electronically throughout the
installation and use of such device.
“(B) The record maintained under subparagraph (A) shall be
provided ex parte and under seal to the court which entered the
ex parte order authorizing the installation and use of the
device within 30 days after termination of the order (including
any extensions thereof).”.
(2) Contents of order.–Section 3123(b)(1) of title 18,
United States Code, is amended–
(A) in subparagraph (A)–
(i) by inserting “or other facility” after
“telephone line”; and
(ii) by inserting before the semicolon at the
end “or applied”; and
(B) by striking subparagraph (C) and inserting the
following:
[[Page 115 STAT. 290]]
“(C) the attributes of the communications to which
the order applies, including the number or other
identifier and, if known, the location of the telephone
line or other facility to which the pen register or trap
and trace device is to be attached or applied, and, in
the case of an order authorizing installation and use of
a trap and trace device under subsection (a)(2), the
geographic limits of the order; and”.
(3) Nondisclosure requirements.–Section 3123(d)(2) of title
18, United States Code, is amended–
(A) by inserting “or other facility” after “the
line”; and
(B) by striking “, or who has been ordered by the
court” and inserting “or applied, or who is obligated
by the order”.
(c) Definitions.–
(1) Court of competent jurisdiction.–Section 3127(2) of
title 18, United States Code, is amended by striking
subparagraph (A) and inserting the following:
“(A) any district court of the United States
(including a magistrate judge of such a court) or any
United States court of appeals having jurisdiction over
the offense being investigated; or”.
(2) Pen register.–Section 3127(3) of title 18, United
States Code, is amended–
(A) by striking “electronic or other impulses” and
all that follows through “is attached” and inserting
“dialing, routing, addressing, or signaling information
transmitted by an instrument or facility from which a
wire or electronic communication is transmitted,
provided, however, that such information shall not
include the contents of any communication”; and
(B) by inserting “or process” after “device”
each place it appears.
(3) Trap and trace device.–Section 3127(4) of title 18,
United States Code, is amended–
(A) by striking “of an instrument” and all that
follows through the semicolon and inserting “or other
dialing, routing, addressing, and signaling information
reasonably likely to identify the source of a wire or
electronic communication, provided, however, that such
information shall not include the contents of any
communication;”; and
(B) by inserting “or process” after “a device”.
(4) Conforming amendment.–Section 3127(1) of title 18,
United States Code, is amended–
(A) by striking “and”; and
(B) by inserting “, and `contents’ ” after
“electronic communication service”.
(5) Technical amendment.–Section 3124(d) of title 18,
United States Code, is amended by striking “the terms of”.
(6) Conforming amendment.–Section 3124(b) of title 18,
United States Code, is amended by inserting “or other
facility” after “the appropriate line”.
SEC. 217. INTERCEPTION OF COMPUTER TRESPASSER COMMUNICATIONS.
Chapter 119 of title 18, United States Code, is amended–
[[Page 115 STAT. 291]]
(1) in section 2510–
(A) in paragraph (18), by striking “and” at the
end;
(B) in paragraph (19), by striking the period and
inserting a semicolon; and
(C) by inserting after paragraph (19) the following:
“(20) `protected computer’ has the meaning set forth in
section 1030; and
“(21) `computer trespasser’–
“(A) means a person who accesses a protected
computer without authorization and thus has no
reasonable expectation of privacy in any communication
transmitted to, through, or from the protected computer;
and
“(B) does not include a person known by the owner
or operator of the protected computer to have an
existing contractual relationship with the owner or
operator of the protected computer for access to all or
part of the protected computer.”; and
(2) in section 2511(2), by inserting at the end the
following:
“(i) It shall not be unlawful under this chapter for a person
acting under color of law to intercept the wire or electronic
communications of a computer trespasser transmitted to, through, or fromthe 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
engage in an investigation;
“(III) the person acting under color of law has reasonable
grounds to believe that the contents of the computer
trespasser’s communications will be relevant to the
investigation; and
“(IV) such interception does not acquire communications
other than those transmitted to or from the computer
trespasser.”.
SEC. 218. FOREIGN INTELLIGENCE INFORMATION.
Sections 104(a)(7)(B) and section 303(a)(7)(B) (50 U.S.C.
1804(a)(7)(B) and 1823(a)(7)(B)) of the Foreign Intelligence
Surveillance Act of 1978 are each amended by striking “the purpose”and inserting “a significant purpose”.
SEC. 219. <<NOTE: 18 USC app.>> 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 Federalmagistrate judge in any district in which activities related to the
terrorism may have occurred, for a search of property or for a personwithin 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
[[Page 115 STAT. 292]]
Freedom Documents 