The Patriot Act
Here It
Is: A Wish List Granted That Would Make Adolph Hitler Proud.
From
Warrantless Secret Searches to Defining Any Criminal Activity as
Terrorism, Our Constitutional Republic Was Gutted on Friday, October
26.
H.R.3162
"Uniting and Strengthening America by Providing Appropriate Tools
Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act
of 2001 (Received in the Senate)"
AUTHORITY FOR DELAYING NOTICE OF THE EXECUTION OF A WARRANT.
SEC. 213.
NEWSFLASH: THE SECRET WARANTLESS SEARCHES AND OTHER POLICE STATE
MEASURES IN THE BILL ARE NOT SUNSETTED. THE MEDIA AND THE GOVERNMENT
ARE LYING TO YOU.
SEC. 224
SUNSET.
YOUR
SO-CALLED PROTECTION GIVES YOU NO PROTECTION. IT IS UNDER ADMIRALTY
AND MARITIME JURISDICTION
SEC. 316.
ANTI-TERRORIST FORFEITURE PROTECTION
SEC.
802. DEFINITION OF DOMESTIC TERRORISM.
the term
`domestic terrorism' means activities that--
`(A) involve acts dangerous to human life that are a violation of
the criminal laws of the United States or of any State
BULK
CASH SMUGGLING INTO OR OUT OF THE UNITED STATES
SEC. 371.
REPORTING OF SUSPICIOUS ACTIVITIES BY UNDERGROUND BANKING SYSTEMS.
SEC. 359.
USE OF
AUTHORITY OF UNITED STATES EXECUTIVE DIRECTORS.
SEC. 360.
HR 3162 RDS
107th CONGRESS
1st Session
H. R. 3162
IN THE SENATE OF THE UNITED STATES
October 24, 2001
Received
AN ACT
To deter and punish terrorist acts in the
United States and around the world, to enhance law enforcement
investigatory tools, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) SHORT TITLE- This Act may be cited as the
`Uniting and Strengthening America by Providing Appropriate Tools
Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act
of 2001'. (b) TABLE OF CONTENTS- The table of contents for this Act
is as follows:
Sec. 1. Short title and table of contents.
Sec. 2. Construction; severability.
TITLE I--ENHANCING DOMESTIC SECURITY AGAINST
TERRORISM
Sec. 101. Counterterrorism fund.
Sec. 102. Sense of Congress condemning
discrimination against Arab and Muslim Americans.
Sec. 103. Increased funding for the technical
support center at the Federal Bureau of Investigation.
Sec. 104. Requests for military assistance to
enforce prohibition in certain emergencies.
Sec. 105. Expansion of National Electronic
Crime Task Force Initiative.
Sec. 106. Presidential authority.
TITLE II--ENHANCED SURVEILLANCE
PROCEDURES
Sec. 201. Authority to intercept wire, oral, and
electronic communications relating to terrorism.
Sec. 202. Authority to intercept wire, oral, and
electronic communications relating to computer fraud and abuse
offenses.
Sec. 203. Authority to share criminal
investigative information.
Sec. 204. Clarification of intelligence
exceptions from limitations on interception and disclosure of
wire, oral, and electronic communications.
Sec. 205. Employment of translators by the
Federal Bureau of Investigation.
Sec. 206. Roving surveillance authority under
the Foreign Intelligence Surveillance Act of 1978.
Sec. 207. Duration of FISA surveillance of
non-United States persons who are agents of a foreign power.
Sec. 208. Designation of judges.
Sec. 209. Seizure of voice-mail messages
pursuant to warrants.
Sec. 210. Scope of subpoenas for records of
electronic communications.
Sec. 211. Clarification of scope.
Sec. 212. Emergency disclosure of electronic
communications to protect life and limb.
Sec. 213. Authority for delaying notice of the
execution of a warrant.
Sec. 214. Pen register and trap and trace
authority under FISA.
Sec. 215. Access to records and other items
under the Foreign Intelligence Surveillance Act.
Sec. 216. Modification of authorities relating
to use of pen registers and trap and trace devices.
Sec. 217. Interception of computer trespasser
communications.
Sec. 218. Foreign intelligence information.
Sec. 219. Single-jurisdiction search warrants
for terrorism.
Sec. 220. Nationwide service of search warrants
for electronic evidence.
Sec. 221. Trade sanctions.
Sec. 222. Assistance to law enforcement
agencies.
Sec. 223. Civil liability for certain
unauthorized disclosures.
Sec. 224. Sunset.
Sec. 225. Immunity for compliance with FISA
wiretap.
TITLE III--INTERNATIONAL MONEY LAUNDERING
ABATEMENT AND ANTI-TERRORIST FINANCING ACT OF 2001
Sec. 301. Short title.
Sec. 302. Findings and purposes.
Sec. 303. 4-year congressional review; expedited
consideration.
Subtitle A--International Counter Money
Laundering and Related Measures
Sec. 311. Special measures for jurisdictions,
financial institutions, or international transactions of primary
money laundering concern.
Sec. 312. Special due diligence for
correspondent accounts and private banking accounts.
Sec. 313. Prohibition on United States
correspondent accounts with foreign shell banks.
Sec. 314. Cooperative efforts to deter money
laundering.
Sec. 315. Inclusion of foreign corruption
offenses as money laundering crimes.
Sec. 316. Anti-terrorist forfeiture protection.
Sec. 317. Long-arm jurisdiction over foreign
money launderers.
Sec. 318. Laundering money through a foreign
bank.
Sec. 319. Forfeiture of funds in United States
interbank accounts.
Sec. 320. Proceeds of foreign crimes.
Sec. 321. Financial institutions specified in
subchapter II of chapter 53 of title 31, United States code.
Sec. 322. Corporation represented by a fugitive.
Sec. 323. Enforcement of foreign judgments.
Sec. 324. Report and recommendation.
Sec. 325. Concentration accounts at financial
institutions.
Sec. 326. Verification of identification.
Sec. 327. Consideration of anti-money laundering
record.
Sec. 328. International cooperation on
identification of originators of wire transfers.
Sec. 329. Criminal penalties.
Sec. 330. International cooperation in
investigations of money laundering, financial crimes, and the
finances of terrorist groups.
Subtitle B--Bank Secrecy Act Amendments and
Related Improvements
Sec. 351. Amendments relating to reporting of
suspicious activities.
Sec. 352. Anti-money laundering programs.
Sec. 353. Penalties for violations of geographic
targeting orders and certain recordkeeping requirements, and
lengthening effective period of geographic targeting orders.
Sec. 354. Anti-money laundering strategy.
Sec. 355. Authorization to include suspicions of
illegal activity in written employment references.
Sec. 356. Reporting of suspicious activities by
securities brokers and dealers; investment company study.
Sec. 357. Special report on administration of
bank secrecy provisions.
Sec. 358. Bank secrecy provisions and activities
of United States intelligence agencies to fight international
terrorism.
Sec. 359. Reporting of suspicious activities by
underground banking systems.
Sec. 360. Use of authority of United States
Executive Directors.
Sec. 361. Financial crimes enforcement network.
Sec. 362. Establishment of highly secure
network.
Sec. 363. Increase in civil and criminal
penalties for money laundering.
Sec. 364. Uniform protection authority for
Federal Reserve facilities.
Sec. 365. Reports relating to coins and currency
received in nonfinancial trade or business.
Sec. 366. Efficient use of currency transaction
report system.
Subtitle C--Currency Crimes and Protection
Sec. 371. Bulk cash smuggling into or out of the
United States.
Sec. 372. Forfeiture in currency reporting
cases.
Sec. 373. Illegal money transmitting businesses.
Sec. 374. Counterfeiting domestic currency and
obligations.
Sec. 375. Counterfeiting foreign currency and
obligations.
Sec. 376. Laundering the proceeds of terrorism.
Sec. 377. Extraterritorial jurisdiction.
TITLE IV--PROTECTING THE BORDER
Subtitle A--Protecting the Northern Border
Sec. 401. Ensuring adequate personnel on the
northern border.
Sec. 402. Northern border personnel.
Sec. 403. Access by the Department of State and
the INS to certain identifying information in the criminal history
records of visa applicants and applicants for admission to the
United States.
Sec. 404. Limited authority to pay overtime.
Sec. 405. Report on the integrated automated
fingerprint identification system for ports of entry and overseas
consular posts.
Subtitle B--Enhanced Immigration Provisions
Sec. 411. Definitions relating to terrorism.
Sec. 412. Mandatory detention of suspected
terrorists; habeas corpus; judicial review.
Sec. 413. Multilateral cooperation against
terrorists.
Sec. 414. Visa integrity and security.
Sec. 415. Participation of Office of Homeland
Security on Entry-Exit Task Force.
Sec. 416. Foreign student monitoring program.
Sec. 417. Machine readable passports.
Sec. 418. Prevention of consulate shopping.
Subtitle C--Preservation of Immigration Benefits
for Victims of Terrorism
Sec. 421. Special immigrant status.
Sec. 422. Extension of filing or reentry
deadlines.
Sec. 423. Humanitarian relief for certain
surviving spouses and children.
Sec. 424. `Age-out' protection for children.
Sec. 425. Temporary administrative relief.
Sec. 426. Evidence of death, disability, or loss
of employment.
Sec. 427. No benefits to terrorists or family
members of terrorists.
Sec. 428. Definitions.
TITLE V--REMOVING OBSTACLES TO INVESTIGATING
TERRORISM
Sec. 501. Attorney General's authority to pay
rewards to combat terrorism.
Sec. 502. Secretary of State's authority to pay
rewards.
Sec. 503. DNA identification of terrorists and
other violent offenders.
Sec. 504. Coordination with law enforcement.
Sec. 505. Miscellaneous national security
authorities.
Sec. 506. Extension of Secret Service
jurisdiction.
Sec. 507. Disclosure of educational records.
Sec. 508. Disclosure of information from NCES
surveys.
TITLE VI--PROVIDING FOR VICTIMS OF TERRORISM,
PUBLIC SAFETY OFFICERS, AND THEIR FAMILIES
Subtitle A--Aid to Families of Public Safety
Officers
Sec. 611. Expedited payment for public safety
officers involved in the prevention, investigation, rescue, or
recovery efforts related to a terrorist attack.
Sec. 612. Technical correction with respect to
expedited payments for heroic public safety officers.
Sec. 613. Public safety officers benefit program
payment increase.
Sec. 614. Office of Justice programs.
Subtitle B--Amendments to the Victims of Crime
Act of 1984
Sec. 621. Crime victims fund.
Sec. 622. Crime victim compensation.
Sec. 623. Crime victim assistance.
Sec. 624. Victims of terrorism.
TITLE VII--INCREASED INFORMATION SHARING FOR
CRITICAL INFRASTRUCTURE PROTECTION
Sec. 711. Expansion of regional information
sharing system to facilitate Federal-State-local law enforcement
response related to terrorist attacks.
TITLE VIII--STRENGTHENING THE CRIMINAL LAWS
AGAINST TERRORISM
Sec. 801. Terrorist attacks and other acts of
violence against mass transportation systems.
Sec. 802. Definition of domestic terrorism.
Sec. 803. Prohibition against harboring
terrorists.
Sec. 804. Jurisdiction over crimes committed at
U.S. facilities abroad.
Sec. 805. Material support for terrorism.
Sec. 806. Assets of terrorist organizations.
Sec. 807. Technical clarification relating to
provision of material support to terrorism.
Sec. 808. Definition of Federal crime of
terrorism.
Sec. 809. No statute of limitation for certain
terrorism offenses.
Sec. 810. Alternate maximum penalties for
terrorism offenses.
Sec. 811. Penalties for terrorist conspiracies.
Sec. 812. Post-release supervision of
terrorists.
Sec. 813. Inclusion of acts of terrorism as
racketeering activity.
Sec. 814. Deterrence and prevention of
cyberterrorism.
Sec. 815. Additional defense to civil actions
relating to preserving records in response to Government requests.
Sec. 816. Development and support of
cybersecurity forensic capabilities.
Sec. 817. Expansion of the biological weapons
statute.
TITLE IX--IMPROVED INTELLIGENCE
Sec. 901. Responsibilities of Director of
Central Intelligence regarding foreign intelligence collected
under Foreign Intelligence Surveillance Act of 1978.
Sec. 902. Inclusion of international terrorist
activities within scope of foreign intelligence under National
Security Act of 1947.
Sec. 903. Sense of Congress on the establishment
and maintenance of intelligence relationships to acquire
information on terrorists and terrorist organizations.
Sec. 904. Temporary authority to defer submittal
to Congress of reports on intelligence and intelligence-related
matters.
Sec. 905. Disclosure to Director of Central
Intelligence of foreign intelligence-related information with
respect to criminal investigations.
Sec. 906. Foreign terrorist asset tracking
center.
Sec. 907. National Virtual Translation Center.
Sec. 908. Training of government officials
regarding identification and use of foreign intelligence.
TITLE X--MISCELLANEOUS
Sec. 1001. Review of the department of justice.
Sec. 1002. Sense of congress.
Sec. 1003. Definition of `electronic
surveillance'.
Sec. 1004. Venue in money laundering cases.
Sec. 1005. First responders assistance act.
Sec. 1006. Inadmissibility of aliens engaged in
money laundering.
Sec. 1007. Authorization of funds for dea police
training in south and central asia.
Sec. 1008. Feasibility study on use of biometric
identifier scanning system with access to the fbi integrated
automated fingerprint identification system at overseas consular
posts and points of entry to the United States.
Sec. 1009. Study of access.
Sec. 1010. Temporary authority to contract with
local and State governments for performance of security functions
at United States military installations.
Sec. 1011. Crimes against charitable americans.
Sec. 1012. Limitation on issuance of hazmat
licenses.
Sec. 1013. Expressing the sense of the senate
concerning the provision of funding for bioterrorism preparedness
and response.
Sec. 1014. Grant program for State and local
domestic preparedness support.
Sec. 1015. Expansion and reauthorization of the
crime identification technology act for antiterrorism grants to
States and localities.
Sec. 1016. Critical infrastructures protection.
SEC. 2. CONSTRUCTION; SEVERABILITY.
Any provision of this Act held to be invalid or
unenforceable by its terms, or as applied to any person or
circumstance, shall be construed so as to give it the maximum effect
permitted by law, unless such holding shall be one of utter
invalidity or unenforceability, in which event such provision shall
be deemed severable from this Act and shall not affect the remainder
thereof or the application of such provision to other persons not
similarly situated or to other, dissimilar circumstances.
TITLE I--ENHANCING DOMESTIC SECURITY AGAINST
TERRORISM
SEC. 101. COUNTERTERRORISM FUND.
(a) ESTABLISHMENT; AVAILABILITY- There is hereby
established in the Treasury of the United States a separate fund to
be known as the `Counterterrorism Fund', amounts in which shall
remain available without fiscal year limitation--
(1) to reimburse any Department of Justice
component for any costs incurred in connection with--
(A) reestablishing the operational capability
of an office or facility that has been damaged or destroyed as
the result of any domestic or international terrorism incident;
(B) providing support to counter, investigate,
or prosecute domestic or international terrorism, including,
without limitation, paying rewards in connection with these
activities; and
(C) conducting terrorism threat assessments of
Federal agencies and their facilities; and
(2) to reimburse any department or agency of the
Federal Government for any costs incurred in connection with
detaining in foreign countries individuals accused of acts of
terrorism that violate the laws of the United States.
(b) NO EFFECT ON PRIOR APPROPRIATIONS- Subsection
(a) shall not be construed to affect the amount or availability of
any appropriation to the Counterterrorism Fund made before the date
of the enactment of this Act.
SEC. 102. SENSE OF CONGRESS CONDEMNING
DISCRIMINATION AGAINST ARAB AND MUSLIM AMERICANS.
(a) FINDINGS- Congress makes the following
findings:
(1) Arab Americans, Muslim Americans, and
Americans from South Asia play a vital role in our Nation and are
entitled to nothing less than the full rights of every American.
(2) The acts of violence that have been taken
against Arab and Muslim Americans since the September 11, 2001,
attacks against the United States should be and are condemned by
all Americans who value freedom.
(3) The concept of individual responsibility for
wrongdoing is sacrosanct in American society, and applies equally
to all religious, racial, and ethnic groups.
(4) When American citizens commit acts of
violence against those who are, or are perceived to be, of Arab or
Muslim descent, they should be punished to the full extent of the
law.
(5) Muslim Americans have become so fearful of
harassment that many Muslim women are changing the way they dress
to avoid becoming targets.
(6) Many Arab Americans and Muslim Americans
have acted heroically during the attacks on the United States,
including Mohammed Salman Hamdani, a 23-year-old New Yorker of
Pakistani descent, who is believed to have gone to the World Trade
Center to offer rescue assistance and is now missing.
(b) SENSE OF CONGRESS- It is the sense of Congress
that--
(1) the civil rights and civil liberties of all
Americans, including Arab Americans, Muslim Americans, and
Americans from South Asia, must be protected, and that every
effort must be taken to preserve their safety;
(2) any acts of violence or discrimination
against any Americans be condemned; and
(3) the Nation is called upon to recognize the
patriotism of fellow citizens from all ethnic, racial, and
religious backgrounds.
SEC. 103. INCREASED FUNDING FOR THE TECHNICAL
SUPPORT CENTER AT THE FEDERAL BUREAU OF INVESTIGATION.
There are authorized to be appropriated for the
Technical Support Center established in section 811 of the
Antiterrorism and Effective Death Penalty Act of 1996 (Public Law
104-132) to help meet the demands for activities to combat terrorism
and support and enhance the technical support and tactical
operations of the FBI, $200,000,000 for each of the fiscal years
2002, 2003, and 2004.
SEC. 104. REQUESTS FOR MILITARY ASSISTANCE TO
ENFORCE PROHIBITION IN CERTAIN EMERGENCIES.
Section 2332e of title 18, United States Code, is
amended--
(1) by striking `2332c' and inserting `2332a';
and
(2) by striking `chemical'.
SEC. 105. EXPANSION OF NATIONAL ELECTRONIC CRIME
TASK FORCE INITIATIVE.
The Director of the United States Secret Service
shall take appropriate actions to develop a national network of
electronic crime task forces, based on the New York Electronic
Crimes Task Force model, throughout the United States, for the
purpose of preventing, detecting, and investigating various forms of
electronic crimes, including potential terrorist attacks against
critical infrastructure and financial payment systems.
SEC. 106. PRESIDENTIAL AUTHORITY.
Section 203 of the International Emergency Powers
Act (50 U.S.C. 1702) is amended--
(1) in subsection (a)(1)--
(A) at the end of subparagraph (A) (flush to
that subparagraph), by striking `; and' and inserting a comma
and the following:
`by any person, or with respect to any property,
subject to the jurisdiction of the United States;';
(B) in subparagraph (B)--
(i) by inserting `, block during the
pendency of an investigation' after `investigate'; and
(ii) by striking `interest;' and inserting
`interest by any person, or with respect to any property,
subject to the jurisdiction of the United States; and';
(C) by striking `by any person, or with
respect to any property, subject to the jurisdiction of the
United States`; and
(D) by inserting at the end the following:
`(C) when the United States is engaged in
armed hostilities or has been attacked by a foreign country or
foreign nationals, confiscate any property, subject to the
jurisdiction of the United States, of any foreign person,
foreign organization, or foreign country that he determines has
planned, authorized, aided, or engaged in such hostilities or
attacks against the United States; and all right, title, and
interest in any property so confiscated shall vest, when, as,
and upon the terms directed by the President, in such agency or
person as the President may designate from time to time, and
upon such terms and conditions as the President may prescribe,
such interest or property shall be held, used, administered,
liquidated, sold, or otherwise dealt with in the interest of and
for the benefit of the United States, and such designated agency
or person may perform any and all acts incident to the
accomplishment or furtherance of these purposes.'; and
(2) by inserting at the end the following:
`(c) CLASSIFIED INFORMATION- In any judicial
review of a determination made under this section, if the
determination was based on classified information (as defined in
section 1(a) of the Classified Information Procedures Act) such
information may be submitted to the reviewing court ex parte and in
camera. This subsection does not confer or imply any right to
judicial review.'.
TITLE II--ENHANCED SURVEILLANCE PROCEDURES
SEC. 201. AUTHORITY TO INTERCEPT WIRE, ORAL, AND
ELECTRONIC COMMUNICATIONS RELATING TO TERRORISM.
Section 2516(1) of title 18, United States Code,
is amended--
(1) by redesignating paragraph (p), as so
redesignated by section 434(2) of the Antiterrorism and Effective
Death Penalty Act of 1996 (Public Law 104-132; 110 Stat. 1274), as
paragraph (r); and
(2) by inserting after paragraph (p), as so
redesignated by section 201(3) of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (division C of Public Law
104-208; 110 Stat. 3009-565), the following new paragraph:
`(q) any criminal violation of section 229
(relating to chemical weapons); or sections 2332, 2332a, 2332b,
2332d, 2339A, or 2339B of this title (relating to terrorism); or'.
SEC. 202. AUTHORITY TO INTERCEPT WIRE, ORAL, AND
ELECTRONIC COMMUNICATIONS RELATING TO COMPUTER FRAUD AND ABUSE
OFFENSES.
Section 2516(1)(c) of title 18, United States
Code, is amended by striking `and section 1341 (relating to mail
fraud),' and inserting `section 1341 (relating to mail fraud), a
felony violation of section 1030 (relating to computer fraud and
abuse),'.
SEC. 203. AUTHORITY TO SHARE CRIMINAL
INVESTIGATIVE INFORMATION.
(a) AUTHORITY TO SHARE GRAND JURY INFORMATION-
(1) IN GENERAL- Rule 6(e)(3)(C) of the Federal
Rules of Criminal Procedure is amended to read as follows:
`(C)(i) Disclosure otherwise prohibited by
this rule of matters occurring before the grand jury may also be
made--
`(I) when so directed by a court
preliminarily to or in connection with a judicial proceeding;
`(II) when permitted by a court at the
request of the defendant, upon a showing that grounds may
exist for a motion to dismiss the indictment because of
matters occurring before the grand jury;
`(III) when the disclosure is made by an
attorney for the government to another Federal grand jury;
`(IV) when permitted by a court at the
request of an attorney for the government, upon a showing that
such matters may disclose a violation of state criminal law,
to an appropriate official of a state or subdivision of a
state for the purpose of enforcing such law; or
`(V) when the matters involve foreign
intelligence or counterintelligence (as defined in section 3
of the National Security Act of 1947 (50 U.S.C. 401a)), or
foreign intelligence information (as defined in clause (iv) of
this subparagraph), to any Federal law enforcement,
intelligence, protective, immigration, national defense, or
national security official in order to assist the official
receiving that information in the performance of his official
duties.
`(ii) If the court orders disclosure of
matters occurring before the grand jury, the disclosure shall be
made in such manner, at such time, and under such conditions as
the court may direct.
`(iii) Any Federal official to whom
information is disclosed pursuant to clause (i)(V) of this
subparagraph may use that information only as necessary in the
conduct of that person's official duties subject to any
limitations on the unauthorized disclosure of such information.
Within a reasonable time after such disclosure, an attorney for
the government shall file under seal a notice with the court
stating the fact that such information was disclosed and the
departments, agencies, or entities to which the disclosure was
made.
`(iv) In clause (i)(V) of this subparagraph,
the term `foreign intelligence information' means--
`(I) information, whether or not concerning
a United States person, that relates to the ability of the
United States to protect against--
`(aa) actual or potential attack or other
grave hostile acts of-a foreign power or an agent of a
foreign power;
`(bb) sabotage or international terrorism
by a foreign power or an agent of a foreign power; or
`(cc) clandestine intelligence activities
by an intelligence service or network of a foreign power or
by an agent of foreign power; or
`(II) information, whether or not concerning
a United States person, with respect to a foreign power or
foreign territory that relates to--
`(aa) the national defense or the security
of the United States; or
`(bb) the conduct of the foreign affairs
of the United States.'.
(2) CONFORMING AMENDMENT- Rule 6(e)(3)(D) of the
Federal Rules of Criminal Procedure is amended by striking
`(e)(3)(C)(i)' and inserting `(e)(3)(C)(i)(I)'.
(b) AUTHORITY TO SHARE ELECTRONIC, WIRE, AND ORAL
INTERCEPTION INFORMATION-
(1) LAW ENFORCEMENT- Section 2517 of title 18,
United States Code, is amended by inserting at the end the
following:
`(6) Any investigative or law enforcement officer,
or attorney for the Government, who by any means authorized by this
chapter, has obtained knowledge of the contents of any wire, oral,
or electronic communication, or evidence derived therefrom, may
disclose such contents to any other Federal law enforcement,
intelligence, protective, immigration, national defense, or national
security official to the extent that such contents include foreign
intelligence or counterintelligence (as defined in section 3 of the
National Security Act of 1947 (50 U.S.C. 401a)), or foreign
intelligence information (as defined in subsection (19) of section
2510 of this title), to assist the official who is to receive that
information in the performance of his official duties. Any Federal
official who receives information pursuant to this provision may use
that information only as necessary in the conduct of that person's
official duties subject to any limitations on the unauthorized
disclosure of such information.'.
(2) DEFINITION- Section 2510 of title 18, United
States Code, is amended by--
(A) in paragraph (17), by striking `and' after
the semicolon;
(B) in paragraph (18), by striking the period
and inserting `; and'; and
(C) by inserting at the end the following:
`(19) `foreign intelligence information' means--
`(A) information, whether or not concerning a
United States person, that relates to the ability of the United
States to protect against--
`(i) actual or potential attack or other
grave hostile acts of a foreign power or an agent of a foreign
power;
`(ii) sabotage or international terrorism by
a foreign power or an agent of a foreign power; or
`(iii) clandestine intelligence activities
by an intelligence service or network of a foreign power or by
an agent of a foreign power; or
`(B) information, whether or not concerning a
United States person, with respect to a foreign power or foreign
territory that relates to--
`(i) the national defense or the security of
the United States; or
`(ii) the conduct of the foreign affairs of
the United States.'.
(c) PROCEDURES- The Attorney General shall
establish procedures for the disclosure of information pursuant to
section 2517(6) and Rule 6(e)(3)(C)(i)(V) of the Federal Rules of
Criminal Procedure that identifies a United States person, as
defined in section 101 of the Foreign Intelligence Surveillance Act
of 1978 (50 U.S.C. 1801)).
(d) FOREIGN INTELLIGENCE INFORMATION-
(1) IN GENERAL- Notwithstanding any other
provision of law, it shall be lawful for foreign intelligence or
counterintelligence (as defined in section 3 of the National
Security Act of 1947 (50 U.S.C. 401a)) or foreign intelligence
information obtained as part of a criminal investigation to be
disclosed to any Federal law enforcement, intelligence,
protective, immigration, national defense, or national security
official in order to assist the official receiving that
information in the performance of his official duties. Any Federal
official who receives information pursuant to this provision may
use that information only as necessary in the conduct of that
person's official duties subject to any limitations on the
unauthorized disclosure of such information.
(2) DEFINITION- In this subsection, the term
`foreign intelligence information' means--
(A) information, whether or not concerning a
United States person, that relates to the ability of the United
States to protect against--
(i) actual or potential attack or other
grave hostile acts of a foreign power or an agent of a foreign
power;
(ii) sabotage or international terrorism by
a foreign power or an agent of a foreign power; or
(iii) clandestine intelligence activities by
an intelligence service or network of a foreign power or by an
agent of a foreign power; or
(B) information, whether or not concerning a
United States person, with respect to a foreign power or foreign
territory that relates to--
(i) the national defense or the security of
the United States; or
(ii) the conduct of the foreign affairs of
the United States.
SEC. 204. CLARIFICATION OF INTELLIGENCE
EXCEPTIONS FROM LIMITATIONS ON INTERCEPTION AND DISCLOSURE OF WIRE,
ORAL, AND ELECTRONIC COMMUNICATIONS.
Section 2511(2)(f) of title 18, United States
Code, is amended--
(1) by striking `this chapter or chapter 121'
and inserting `this chapter or chapter 121 or 206 of this title';
and
(2) by striking `wire and oral' and inserting
`wire, oral, and electronic'.
SEC. 205. EMPLOYMENT OF TRANSLATORS BY THE
FEDERAL BUREAU OF INVESTIGATION.
(a) AUTHORITY- The Director of the Federal Bureau
of Investigation is authorized to expedite the employment of
personnel as translators to support counterterrorism investigations
and operations without regard to applicable Federal personnel
requirements and limitations.
(b) SECURITY REQUIREMENTS- The Director of the
Federal Bureau of Investigation shall establish such security
requirements as are necessary for the personnel employed as
translators under subsection (a).
(c) REPORT- The Attorney General shall report to
the Committees on the Judiciary of the House of Representatives and
the Senate on--
(1) the number of translators employed by the
FBI and other components of the Department of Justice;
(2) any legal or practical impediments to using
translators employed by other Federal, State, or local agencies,
on a full, part-time, or shared basis; and
(3) the needs of the FBI for specific
translation services in certain languages, and recommendations for
meeting those needs.
SEC. 206. ROVING SURVEILLANCE AUTHORITY UNDER THE
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978.
Section 105(c)(2)(B) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1805(c)(2)(B)) is amended by
inserting `, or in circumstances where the Court finds that the
actions of the target of the application may have the effect of
thwarting the identification of a specified person, such other
persons,' after `specified person'.
SEC. 207. DURATION OF FISA SURVEILLANCE OF
NON-UNITED STATES PERSONS WHO ARE AGENTS OF A FOREIGN POWER.
(a) DURATION -
(1) SURVEILLANCE- Section 105(e)(1) of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1805(e)(1)) is amended by--
(A) inserting `(A)' after `except that'; and
(B) inserting before the period the following:
`, and (B) an order under this Act for a surveillance targeted
against an agent of a foreign power, as defined in section
101(b)(1)(A) may be for the period specified in the application
or for 120 days, whichever is less'.
(2) PHYSICAL SEARCH- Section 304(d)(1) of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1824(d)(1))
is amended by--
(A) striking `forty-five' and inserting `90';
(B) inserting `(A)' after `except that'; and
(C) inserting before the period the following:
`, and (B) an order under this section for a physical search
targeted against an agent of a foreign power as defined in section
101(b)(1)(A) may be for the period specified in the application or
for 120 days, whichever is less'.
(b) EXTENSION-
(1) IN GENERAL- Section 105(d)(2) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1805(d)(2)) is
amended by--
(A) inserting `(A)' after `except that'; and
