SEC. 2. CONSTRUCTION; SEVERABILITY.
Any provision of this Act held to be invalid or
unenforceable by its terms, or as applied
[[Page H7161]]
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
[[Page H7162]]
information. Within a reasonable time after such disclosure,
an attorney for the government shall file under seal a notice
with the court stating the fact that such information was
disclosed and the departments, agencies, or entities to which
the disclosure was made.
``(iv) In clause (i)(V) of this subparagraph, the term
`foreign intelligence information' means--
``(I) information, whether or not concerning a United
States person, that relates to the ability of the United
States to protect against--
``(aa) actual or potential attack or other grave hostile
acts of-a foreign power or an agent of a foreign power;
``(bb) sabotage or international terrorism by a foreign
power or an agent of a foreign power; or
``(cc) clandestine intelligence activities by an
intelligence service or network of a foreign power or by an
agent of foreign power; or
``(II) information, whether or not concerning a United
States person, with respect to a foreign power or foreign
territory that relates to--
``(aa) the national defense or the security of the United
States; or
``(bb) the conduct of the foreign affairs of the United
States.''.
(2) Conforming amendment.--Rule 6(e)(3)(D) of the Federal
Rules of Criminal Procedure is amended by striking
``(e)(3)(C)(i)'' and inserting ``(e)(3)(C)(i)(I)''.
(b) Authority To Share Electronic, Wire, and Oral
Interception Information.--
(1) Law enforcement.--Section 2517 of title 18, United
States Code, is amended by inserting at the end the
following:
``(6) Any investigative or law enforcement officer, or
attorney for the Government, who by any means authorized by
this chapter, has obtained knowledge of the contents of any
wire, oral, or electronic communication, or evidence derived
therefrom, may disclose such contents to any other Federal
law enforcement, intelligence, protective, immigration,
national defense, or national security official to the extent
that such contents include foreign intelligence or
counterintelligence (as defined in section 3 of the National
Security Act of 1947 (50 U.S.C. 401a)), or foreign
intelligence information (as defined in subsection (19) of
section 2510 of this title), to assist the official who is to
receive that information in the performance of his official
duties. Any Federal official who receives information
pursuant to this provision may use that information only as
necessary in the conduct of that person's official duties
subject to any limitations on the unauthorized disclosure of
such information.''.
(2) Definition.--Section 2510 of title 18, United States
Code, is amended by--
(A) in paragraph (17), by striking ``and'' after the
semicolon;
(B) in paragraph (18), by striking the period and inserting
``; and''; and
(C) by inserting at the end the following:
``(19) `foreign intelligence information' means--
``(A) information, whether or not concerning a United
States person, that relates to the ability of the United
States to protect against--
``(i) actual or potential attack or other grave hostile
acts of a foreign power or an agent of a foreign power;
``(ii) sabotage or international terrorism by a foreign
power or an agent of a foreign power; or
``(iii) clandestine intelligence activities by an
intelligence service or network of a foreign power or by an
agent of a foreign power; or
``(B) information, whether or not concerning a United
States person, with respect to a foreign power or foreign
territory that relates to--
``(i) the national defense or the security of the United
States; or
``(ii) the conduct of the foreign affairs of the United
States.''.
(c) Procedures.--The Attorney General shall establish
procedures for the disclosure of information pursuant to
section 2517(6) and Rule 6(e)(3)(C)(i)(V) of the Federal
Rules of Criminal Procedure that identifies a United States
person, as defined in section 101 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801)).
(d) Foreign Intelligence Information.--
(1) In general.--Notwithstanding any other provision of
law, it shall be lawful for foreign intelligence or
counterintelligence (as defined in section 3 of the National
Security Act of 1947 (50 U.S.C. 401a)) or foreign
intelligence information obtained as part of a criminal
investigation to be disclosed to any Federal law enforcement,
intelligence, protective, immigration, national defense, or
national security official in order to assist the official
receiving that information in the performance of his official
duties. Any Federal official who receives information
pursuant to this provision may use that information only as
necessary in the conduct of that person's official duties
subject to any limitations on the unauthorized disclosure of
such information.
(2) Definition.--In this subsection, the term ``foreign
intelligence information'' means--
(A) information, whether or not concerning a United States
person, that relates to the ability of the United States to
protect against--
(i) actual or potential attack or other grave hostile acts
of a foreign power or an agent of a foreign power;
(ii) sabotage or international terrorism by a foreign power
or an agent of a foreign power; or
(iii) clandestine intelligence activities by an
intelligence service or network of a foreign power or by an
agent of a foreign power; or
(B) information, whether or not concerning a United States
person, with respect to a foreign power or foreign territory
that relates to--
(i) the national defense or the security of the United
States; or
(ii) the conduct of the foreign affairs of the United
States.
SEC. 204. CLARIFICATION OF INTELLIGENCE EXCEPTIONS FROM
LIMITATIONS ON INTERCEPTION AND DISCLOSURE OF
WIRE, ORAL, AND ELECTRONIC COMMUNICATIONS.
Section 2511(2)(f) of title 18, United States Code, is
amended--
(1) by striking ``this chapter or chapter 121'' and
inserting ``this chapter or chapter 121 or 206 of this
title''; and
(2) by striking ``wire and oral'' and inserting ``wire,
oral, and electronic''.
SEC. 205. EMPLOYMENT OF TRANSLATORS BY THE FEDERAL BUREAU OF
INVESTIGATION.
(a) Authority.--The Director of the Federal Bureau of
Investigation is authorized to expedite the employment of
personnel as translators to support counterterrorism
investigations and operations without regard to applicable
Federal personnel requirements and limitations.
(b) Security Requirements.--The Director of the Federal
Bureau of Investigation shall establish such security
requirements as are necessary for the personnel employed as
translators under subsection (a).
(c) Report.--The Attorney General shall report to the
Committees on the Judiciary of the House of Representatives
and the Senate on--
(1) the number of translators employed by the FBI and other
components of the Department of Justice;
(2) any legal or practical impediments to using translators
employed by other Federal, State, or local agencies, on a
full, part-time, or shared basis; and
(3) the needs of the FBI for specific translation services
in certain languages, and recommendations for meeting those
needs.
SEC. 206. ROVING SURVEILLANCE AUTHORITY UNDER THE FOREIGN
INTELLIGENCE SURVEILLANCE ACT OF 1978.
Section 105(c)(2)(B) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1805(c)(2)(B)) is amended
by inserting ``, or in circumstances where the Court finds
that the actions of the target of the application may have
the effect of thwarting the identification of a specified
person, such other persons,'' after ``specified person''.
SEC. 207. DURATION OF FISA SURVEILLANCE OF NON-UNITED STATES
PERSONS WHO ARE AGENTS OF A FOREIGN POWER.
(a) Duration .--
(1) Surveillance.--Section 105(e)(1) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1805(e)(1))
is amended by--
(A) inserting ``(A)'' after ``except that''; and
(B) inserting before the period the following: ``, and (B)
an order under this Act for a surveillance targeted against
an agent of a foreign power, as defined in section
101(b)(1)(A) may be for the period specified in the
application or for 120 days, whichever is less''.
(2) Physical Search.--Section 304(d)(1) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1824(d)(1))
is amended by--
(A) striking ``forty-five'' and inserting ``90'';
(B) inserting ``(A)'' after ``except that''; and
(C) inserting before the period the following: ``, and (B)
an order under this section for a physical search targeted
against an agent of a foreign power as defined in section
101(b)(1)(A) may be for the period specified in the
application or for 120 days, whichever is less''.
(b) Extension.--
(1) In general.--Section 105(d)(2) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1805(d)(2))
is amended by--
(A) inserting ``(A)'' after ``except that''; and
(B) inserting before the period the following: ``, and (B)
an extension of an order under this Act for a surveillance
targeted against an agent of a foreign power as defined in
section 101(b)(1)(A) may be for a period not to exceed 1
year''.
(2) Defined term.--Section 304(d)(2) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1824(d)(2)
is amended by inserting after ``not a United States person,''
the following: ``or against an agent of a foreign power as
defined in section 101(b)(1)(A),''.
SEC. 208. DESIGNATION OF JUDGES.
Section 103(a) of the Foreign Intelligence Surveillance Act
of 1978 (50 U.S.C. 1803(a)) is amended by--
(1) striking ``seven district court judges'' and inserting
``11 district court judges''; and
(2) inserting ``of whom no fewer than 3 shall reside within
20 miles of the District of Columbia'' after ``circuits''.
SEC. 209. SEIZURE OF VOICE-MAIL MESSAGES PURSUANT TO
WARRANTS.
Title 18, United States Code, is amended--
(1) in section 2510--
(A) in paragraph (1), by striking beginning with ``and
such'' and all that follows through ``communication''; and
(B) in paragraph (14), by inserting ``wire or'' after
``transmission of''; and
[[Page H7163]]
(2) in subsections (a) and (b) of section 2703--
(A) by striking ``Contents of electronic'' and inserting
``Contents of wire or electronic'' each place it appears;
(B) by striking ``contents of an electronic'' and inserting
``contents of a wire or electronic'' each place it appears;
and
(C) by striking ``any electronic'' and inserting ``any wire
or electronic'' each place it appears.
SEC. 210. SCOPE OF SUBPOENAS FOR RECORDS OF ELECTRONIC
COMMUNICATIONS.
Section 2703(c)(2) of title 18, United States Code, as
redesignated by section 212, is amended--
(1) by striking ``entity the name, address, local and long
distance telephone toll billing records, telephone number or
other subscriber number or identity, and length of service of
a subscriber'' and inserting the following: ``entity the--
``(A) name;
``(B) address;
``(C) local and long distance telephone connection records,
or records of session times and durations;
``(D) length of service (including start date) and types of
service utilized;
``(E) telephone or instrument number or other subscriber
number or identity, including any temporarily assigned
network address; and
``(F) means and source of payment for such service
(including any credit card or bank account number),
of a subscriber''; and
(2) by striking ``and the types of services the subscriber
or customer utilized,''.
SEC. 211. CLARIFICATION OF SCOPE.
Section 631 of the Communications Act of 1934 (47 U.S.C.
551) is amended--
(1) in subsection (c)(2)--
(A) in subparagraph (B), by striking ``or'';
(B) in subparagraph (C), by striking the period at the end
and inserting ``; or''; and
(C) by inserting at the end the following:
``(D) to a government entity as authorized under chapters
119, 121, or 206 of title 18, United States Code, except that
such disclosure shall not include records revealing cable
subscriber selection of video programming from a cable
operator.''; and
(2) in subsection (h), by striking ``A governmental
entity'' and inserting ``Except as provided in subsection
(c)(2)(D), a governmental entity''.
SEC. 212. EMERGENCY DISCLOSURE OF ELECTRONIC COMMUNICATIONS
TO PROTECT LIFE AND LIMB.
(a) Disclosure of Contents.--
(1) In general.--Section 2702 of title 18, United States
Code, is amended--
(A) by striking the section heading and inserting the
following:
``Sec. 2702. Voluntary disclosure of customer communications
or records'';
(B) in subsection (a)--
(i) in paragraph (2)(A), by striking ``and'' at the end;
(ii) in paragraph (2)(B), by striking the period and
inserting ``; and''; and
(iii) by inserting after paragraph (2) the following:
``(3) a provider of remote computing service or electronic
communication service to the public shall not knowingly
divulge a record or other information pertaining to a
subscriber to or customer of such service (not including the
contents of communications covered by paragraph (1) or (2))
to any governmental entity.'';
(C) in subsection (b), by striking ``Exceptions.--A person
or entity'' and inserting ``Exceptions for disclosure of
communications.-- A provider described in subsection (a)'';
(D) in subsection (b)(6)--
(i) in subparagraph (A)(ii), by striking ``or'';
(ii) in subparagraph (B), by striking the period and
inserting ``; or''; and
(iii) by adding after subparagraph (B) the following:
``(C) if the provider reasonably believes that an emergency
involving immediate danger of death or serious physical
injury to any person requires disclosure of the information
without delay.''; and
(E) by inserting after subsection (b) the following:
``(c) Exceptions for Disclosure of Customer Records.--A
provider described in subsection (a) may divulge a record or
other information pertaining to a subscriber to or customer
of such service (not including the contents of communications
covered by subsection (a)(1) or (a)(2))--
``(1) as otherwise authorized in section 2703;
``(2) with the lawful consent of the customer or
subscriber;
``(3) as may be necessarily incident to the rendition of
the service or to the protection of the rights or property of
the provider of that service;
``(4) to a governmental entity, if the provider reasonably
believes that an emergency involving immediate danger of
death or serious physical injury to any person justifies
disclosure of the information; or
``(5) to any person other than a governmental entity.''.
(2) Technical and conforming amendment.--The table of
sections for chapter 121 of title 18, United States Code, is
amended by striking the item relating to section 2702 and
inserting the following:
``2702. Voluntary disclosure of customer communications or records.''.
(b) Requirements for Government Access.--
(1) In general.--Section 2703 of title 18, United States
Code, is amended--
(A) by striking the section heading and inserting the
following:
``Sec. 2703. Required disclosure of customer communications
or records'';
(B) in subsection (c) by redesignating paragraph (2) as
paragraph (3);
(C) in subsection (c)(1)--
(i) by striking ``(A) Except as provided in subparagraph
(B), a provider of electronic communication service or remote
computing service may'' and inserting ``A governmental entity
may require a provider of electronic communication service or
remote computing service to'';
(ii) by striking ``covered by subsection (a) or (b) of this
section) to any person other than a governmental entity.
``(B) A provider of electronic communication service or
remote computing service shall disclose a record or other
information pertaining to a subscriber to or customer of such
service (not including the contents of communications covered
by subsection (a) or (b) of this section) to a governmental
entity'' and inserting ``)'';
(iii) by redesignating subparagraph (C) as paragraph (2);
(iv) by redesignating clauses (i), (ii), (iii), and (iv) as
subparagraphs (A), (B), (C), and (D), respectively;
(v) in subparagraph (D) (as redesignated) by striking the
period and inserting ``; or''; and
(vi) by inserting after subparagraph (D) (as redesignated)
the following:
``(E) seeks information under paragraph (2).''; and
(D) in paragraph (2) (as redesignated) by striking
``subparagraph (B)'' and insert ``paragraph (1)''.
(2) Technical and conforming amendment.--The table of
sections for chapter 121 of title 18, United States Code, is
amended by striking the item relating to section 2703 and
inserting the following:
``2703. Required disclosure of customer communications or records.''.
SEC. 213. AUTHORITY FOR DELAYING NOTICE OF THE EXECUTION OF A
WARRANT.
Section 3103a of title 18, United States Code, is amended--
(1) by inserting ``(a) In General.--'' before ``In
addition''; and
(2) by adding at the end the following:
``(b) Delay.--With respect to the issuance of any warrant
or court order under this section, or any other rule of law,
to search for and seize any property or material that
constitutes evidence of a criminal offense in violation of
the laws of the United States, any notice required, or that
may be required, to be given may be delayed if--
``(1) the court finds reasonable cause to believe that
providing immediate notification of the execution of the
warrant may have an adverse result (as defined in section
2705);
``(2) the warrant prohibits the seizure of any tangible
property, any wire or electronic communication (as defined in
section 2510), or, except as expressly provided in chapter
121, any stored wire or electronic information, except where
the court finds reasonable necessity for the seizure; and
``(3) the warrant provides for the giving of such notice
within a reasonable period of its execution, which period may
thereafter be extended by the court for good cause shown.''.
SEC. 214. PEN REGISTER AND TRAP AND TRACE AUTHORITY UNDER
FISA.
(a) Applications and Orders.--Section 402 of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1842) is
amended--
(1) in subsection (a)(1), by striking ``for any
investigation to gather foreign intelligence information or
information concerning international terrorism'' and
inserting ``for any investigation to obtain foreign
intelligence information not concerning a United States
person or to protect against international terrorism or
clandestine intelligence activities, provided that such
investigation of a United States person is not conducted
solely upon the basis of activities protected by the first
amendment to the Constitution'';
(2) by amending subsection (c)(2) to read as follows:
``(2) a certification by the applicant that the information
likely to be obtained is foreign intelligence information not
concerning a United States person or is relevant to an
ongoing investigation to protect against international
terrorism or clandestine intelligence activities, provided
that such investigation of a United States person is not
conducted solely upon the basis of activities protected by
the first amendment to the Constitution.'';
(3) by striking subsection (c)(3); and
(4) by amending subsection (d)(2)(A) to read as follows:
``(A) shall specify--
``(i) the identity, if known, of the person who is the
subject of the investigation;
``(ii) the identity, if known, of the person to whom is
leased or in whose name is listed the telephone line or other
facility to which the pen register or trap and trace device
is to be attached or applied;
``(iii) the attributes of the communications to which the
order applies, such as the number or other identifier, and,
if known, the location of the telephone line or other
facility to which the pen register or trap and trace device
is to be attached or applied and, in the case of a trap and
trace device, the geographic limits of the trap and trace
order.''.
[[Page H7164]]
(b) Authorization During Emergencies.--Section 403 of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1843) is amended--
(1) in subsection (a), by striking ``foreign intelligence
information or information concerning international
terrorism'' and inserting ``foreign intelligence information
not concerning a United States person or information to
protect against international terrorism or clandestine
intelligence activities, provided that such investigation of
a United States person is not conducted solely upon the basis
of activities protected by the first amendment to the
Constitution''; and
(2) in subsection (b)(1), by striking ``foreign
intelligence information or information concerning
international terrorism'' and inserting ``foreign
intelligence information not concerning a United States
person or information to protect against international
terrorism or clandestine intelligence activities, provided
that such investigation of a United States person is not
conducted solely upon the basis of activities protected by
the first amendment to the Constitution''.
SEC. 215. ACCESS TO RECORDS AND OTHER ITEMS UNDER THE FOREIGN
INTELLIGENCE SURVEILLANCE ACT.
Title V of the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. 1861 et seq.) is amended by striking sections
501 through 503 and inserting the following:
``SEC. 501. ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN
INTELLIGENCE AND INTERNATIONAL TERRORISM
INVESTIGATIONS.
``(a)(1) The Director of the Federal Bureau of
Investigation or a designee of the Director (whose rank shall
be no lower than Assistant Special Agent in Charge) may make
an application for an order requiring the production of any
tangible things (including books, records, papers, documents,
and other items) for an investigation to protect against
international terrorism or clandestine intelligence
activities, provided that such investigation of a United
States person is not conducted solely upon the basis of
activities protected by the first amendment to the
Constitution.
``(2) An investigation conducted under this section shall--
``(A) be conducted under guidelines approved by the
Attorney General under Executive Order 12333 (or a successor
order); and
``(B) not be conducted of a United States person solely
upon the basis of activities protected by the first amendment
to the Constitution of the United States.
``(b) Each application under this section--
``(1) shall be made to--
``(A) a judge of the court established by section 103(a);
or
``(B) a United States Magistrate Judge under chapter 43 of
title 28, United States Code, who is publicly designated by
the Chief Justice of the United States to have the power to
hear applications and grant orders for the production of
tangible things under this section on behalf of a judge of
that court; and
``(2) shall specify that the records concerned are sought
for an authorized investigation conducted in accordance with
subsection (a)(2) to protect against international terrorism
or clandestine intelligence activities.
``(c)(1) Upon an application made pursuant to this section,
the judge shall enter an ex parte order as requested, or as
modified, approving the release of records if the judge finds
that the application meets the requirements of this section.
``(2) An order under this subsection shall not disclose
that it is issued for purposes of an investigation described
in subsection (a).
``(d) No person shall disclose to any other person (other
than those persons necessary to produce the tangible things
under this section) that the Federal Bureau of Investigation
has sought or obtained tangible things under this section.
``(e) A person who, in good faith, produces tangible things
under an order pursuant to this section shall not be liable
to any other person for such production. Such production
shall not be deemed to constitute a waiver of any privilege
in any other proceeding or context.
``SEC. 502. CONGRESSIONAL OVERSIGHT.
``(a) On a semiannual basis, the Attorney General shall
fully inform the Permanent Select Committee on Intelligence
of the House of Representatives and the Select Committee on
Intelligence of the Senate concerning all requests for the
production of tangible things under section 402.
``(b) On a semiannual basis, the Attorney General shall
provide to the Committees on the Judiciary of the House of
Representatives and the Senate a report setting forth with
respect to the preceding 6-month period--
``(1) the total number of applications made for orders
approving requests for the production of tangible things
under section 402; and
``(2) the total number of such orders either granted,
modified, or denied.''.
SEC. 216. MODIFICATION OF AUTHORITIES RELATING TO USE OF PEN
REGISTERS AND TRAP AND TRACE DEVICES.
(a) General Limitations.--Section 3121(c) of title 18,
United States Code, is amended--
(1) by inserting ``or trap and trace device'' after ``pen
register'';
(2) by inserting ``, routing, addressing,'' after
``dialing''; and
(3) by striking ``call processing'' and inserting ``the
processing and transmitting of wire or electronic
communications so as not to include the contents of any wire
or electronic communications''.
(b) Issuance of Orders.--
(1) In general.--Section 3123(a) of title 18, United States
Code, is amended to read as follows:
``(a) In General.--
``(1) Attorney for the government.--Upon an application
made under section 3122(a)(1), the court shall enter an ex
parte order authorizing the installation and use of a pen
register or trap and trace device anywhere within the United
States, if the court finds that the attorney for the
Government has certified to the court that the information
likely to be obtained by such installation and use is
relevant to an ongoing criminal investigation. The order,
upon service of that order, shall apply to any person or
entity providing wire or electronic communication service in
the United States whose assistance may facilitate the
execution of the order. Whenever such an order is served on
any person or entity not specifically named in the order,
upon request of such person or entity, the attorney for the
Government or law enforcement or investigative officer that
is serving the order shall provide written or electronic
certification that the order applies to the person or entity
being served.
``(2) State investigative or law enforcement officer.--Upon
an application made under section 3122(a)(2), the court shall
enter an ex parte order authorizing the installation and use
of a pen register or trap and trace device within the
jurisdiction of the court, if the court finds that the State
law enforcement or investigative officer has certified to the
court that the information likely to be obtained by such
installation and use is relevant to an ongoing criminal
investigation.
``(3)(A) Where the law enforcement agency implementing an
ex parte order under this subsection seeks to do so by
installing and using its own pen register or trap and trace
device on a packet-switched data network of a provider of
electronic communication service to the public, the agency
shall ensure that a record will be maintained which will
identify--
``(i) any officer or officers who installed the device and
any officer or officers who accessed the device to obtain
information from the network;
``(ii) the date and time the device was installed, the date
and time the device was uninstalled, and the date, time, and
duration of each time the device is accessed to obtain
information;
``(iii) the configuration of the device at the time of its
installation and any subsequent modification thereof; and
``(iv) any information which has been collected by the
device.
To the extent that the pen register or trap and trace device
can be set automatically to record this information
electronically, the record shall be maintained electronically
throughout the installation and use of such device.
``(B) The record maintained under subparagraph (A) shall be
provided ex parte and under seal to the court which entered
the ex parte order authorizing the installation and use of
the device within 30 days after termination of the order
(including any extensions thereof).''.
(2) Contents of order.--Section 3123(b)(1) of title 18,
United States Code, is amended--
(A) in subparagraph (A)--
(i) by inserting ``or other facility'' after ``telephone
line''; and
(ii) by inserting before the semicolon at the end ``or
applied''; and
(B) by striking subparagraph (C) and inserting the
following:
``(C) the attributes of the communications to which the
order applies, including the number or other identifier and,
if known, the location of the telephone line or other
facility to which the pen register or trap and trace device
is to be attached or applied, and, in the case of an order
authorizing installation and use of a trap and trace device
under subsection (a)(2), the geographic limits of the order;
and''.
(3) Nondisclosure requirements.--Section 3123(d)(2) of
title 18, United States Code, is amended--
(A) by inserting ``or other facility'' after ``the line'';
and
(B) by striking ``, or who has been ordered by the court''
and inserting ``or applied, or who is obligated by the
order''.
(c) Definitions.--
(1) Court of competent jurisdiction.--Section 3127(2) of
title 18, United States Code, is amended by striking
subparagraph (A) and inserting the following:
``(A) any district court of the United States (including a
magistrate judge of such a court) or any United States court
of appeals having jurisdiction over the offense being
investigated; or''.
(2) Pen register.--Section 3127(3) of title 18, United
States Code, is amended--
(A) by striking ``electronic or other impulses'' and all
that follows through ``is attached'' and inserting ``dialing,
routing, addressing, or signaling information transmitted by
an instrument or facility from which a wire or electronic
communication is transmitted, provided, however, that such
information shall not include the contents of any
communication''; and
(B) by inserting ``or process'' after ``device'' each place
it appears.
(3) Trap and trace device.--Section 3127(4) of title 18,
United States Code, is amended--
[[Page H7165]]
(A) by striking ``of an instrument'' and all that follows
through the semicolon and inserting ``or other dialing,
routing, addressing, and signaling information reasonably
likely to identify the source of a wire or electronic
communication, provided, however, that such information shall
not include the contents of any communication;''; and
(B) by inserting ``or process'' after ``a device''.
(4) Conforming amendment.--Section 3127(1) of title 18,
United States Code, is amended--
(A) by striking ``and''; and
(B) by inserting ``, and `contents' '' after ``electronic
communication service''.
(5) Technical amendment.--Section 3124(d) of title 18,
United States Code, is amended by striking ``the terms of''.
(6) Conforming amendment.--Section 3124(b) of title 18,
United States Code, is amended by inserting ``or other
facility'' after ``the appropriate line''.
SEC. 217. INTERCEPTION OF COMPUTER TRESPASSER COMMUNICATIONS.
Chapter 119 of title 18, United States Code, is amended--
(1) in section 2510--
(A) in paragraph (18), by striking ``and'' at the end;
(B) in paragraph (19), by striking the period and inserting
a semicolon; and
(C) by inserting after paragraph (19) the following:
``(20) `protected computer' has the meaning set forth in
section 1030; and
``(21) `computer trespasser'--
``(A) means a person who accesses a protected computer
without authorization and thus has no reasonable expectation
of privacy in any communication transmitted to, through, or
from the protected computer; and
``(B) does not include a person known by the owner or
operator of the protected computer to have an existing
contractual relationship with the owner or operator of the
protected computer for access to all or part of the protected
computer.''; and
(2) in section 2511(2), by inserting at the end the
following:
``(i) It shall not be unlawful under this chapter for a
person acting under color of law to intercept the wire or
electronic communications of a computer trespasser
transmitted to, through, or from the protected computer, if--
``(I) the owner or operator of the protected computer
authorizes the interception of the computer trespasser's
communications on the protected computer;
``(II) the person acting under color of law is lawfully
engaged in an investigation;
``(III) the person acting under color of law has reasonable
grounds to believe that the contents of the computer
trespasser's communications will be relevant to the
investigation; and
``(IV) such interception does not acquire communications
other than those transmitted to or from the computer
trespasser.''.
SEC. 218. FOREIGN INTELLIGENCE INFORMATION.
Sections 104(a)(7)(B) and section 303(a)(7)(B) (50 U.S.C.
1804(a)(7)(B) and 1823(a)(7)(B)) of the Foreign Intelligence
Surveillance Act of 1978 are each amended by striking ``the
purpose'' and inserting ``a significant purpose''.
SEC. 219. SINGLE-JURISDICTION SEARCH WARRANTS FOR TERRORISM.
Rule 41(a) of the Federal Rules of Criminal Procedure is
amended by inserting after ``executed'' the following: ``and
(3) in an investigation of domestic terrorism or
international terrorism (as defined in section 2331 of title
18, United States Code), by a Federal magistrate judge in any
district in which activities related to the terrorism may
have occurred, for a search of property or for a person
within or outside the district''.
SEC. 220. NATIONWIDE SERVICE OF SEARCH WARRANTS FOR
ELECTRONIC EVIDENCE.
(a) In General.--Chapter 121 of title 18, United States
Code, is amended--
(1) in section 2703, by striking ``under the Federal Rules
of Criminal Procedure'' every place it appears and inserting
``using the procedures described in the Federal Rules of
Criminal Procedure by a court with jurisdiction over the
offense under investigation''; and
(2) in section 2711--
(A) in paragraph (1), by striking ``and'';
(B) in paragraph (2), by striking the period and inserting
``; and''; and
(C) by inserting at the end the following:
``(3) the term `court of competent jurisdiction' has the
meaning assigned by section 3127, and includes any Federal
court within that definition, without geographic
limitation.''.
(b) Conforming Amendment.--Section 2703(d) of title 18,
United States Code, is amended by striking ``described in
section 3127(2)(A)''.
SEC. 221. TRADE SANCTIONS.
(a) In general.--The Trade Sanctions Reform and Export
Enhancement Act of 2000 (Public Law 106-387; 114 Stat. 1549A-
67) is amended--
(1) by amending section 904(2)(C) to read as follows:
``(C) used to facilitate the design, development, or
production of chemical or biological weapons, missiles, or
weapons of mass destruction.'';
(2) in section 906(a)(1)--
(A) by inserting ``, the Taliban or the territory of
Afghanistan controlled by the Taliban,'' after ``Cuba''; and
(B) by inserting ``, or in the territory of Afghanistan
controlled by the Taliban,'' after ``within such country'';
and
(3) in section 906(a)(2), by inserting ``, or to any other
entity in Syria or North Korea'' after ``Korea''.
(b) Application of the Trade Sanctions Reform and Export
Enhancement Act.--Nothing in the Trade Sanctions Reform and
Export Enhancement Act of 2000 shall limit the application or
scope of any law establishing criminal or civil penalties,
including any executive order or regulation promulgated
pursuant to such laws (or similar or successor laws), for the
unlawful export of any agricultural commodity, medicine, or
medical device to--
(1) a foreign organization, group, or person designated
pursuant to Executive Order 12947 of January 23, 1995, as
amended;
(2) a Foreign Terrorist Organization pursuant to the
Antiterrorism and Effective Death Penalty Act of 1996 (Public
Law 104-132);
(3) a foreign organization, group, or person designated
pursuant to Executive Order 13224 (September 23, 2001);
(4) any narcotics trafficking entity designated pursuant to
Executive Order 12978 (October 21, 1995) or the Foreign
Narcotics Kingpin Designation Act (Public Law 106-120); or
(5) any foreign organization, group, or persons subject to
any restriction for its involvement in weapons of mass
destruction or missile proliferation.
SEC. 222. ASSISTANCE TO LAW ENFORCEMENT AGENCIES.
Nothing in this Act shall impose any additional technical
obligation or requirement on a provider of a wire or
electronic communication service or other person to furnish
facilities or technical assistance. A provider of a wire or
electronic communication service, landlord, custodian, or
other person who furnishes facilities or technical assistance
pursuant to section 216 shall be reasonably compensated for
such reasonable expenditures incurred in providing such
facilities or assistance.
SEC. 223. CIVIL LIABILITY FOR CERTAIN UNAUTHORIZED
DISCLOSURES.
(a) Section 2520 of title 18, United States Code, is
amended--
(1) in subsection (a), after ``entity'', by inserting ``,
other than the United States,'';
(2) by adding at the end the following:
``(f) Administrative Discipline.--If a court or appropriate
department or agency determines that the United States or any
of its departments or agencies has violated any provision of
this chapter, and the court or appropriate department or
agency finds that the circumstances surrounding the violation
raise serious questions about whether or not an officer or
employee of the United States acted willfully or
intentionally with respect to the violation, the department
or agency shall, upon receipt of a true and correct copy of
the decision and findings of the court or appropriate
department or agency promptly initiate a proceeding to
determine whether disciplinary action against the officer or
employee is warranted. If the head of the department or
agency involved determines that disciplinary action is not
warranted, he or she shall notify the Inspector General with
jurisdiction over the department or agency concerned and
shall provide the Inspector General with the reasons for such
determination.''; and
(3) by adding a new subsection (g), as follows:
``(g) Improper Disclosure Is Violation.--Any willful
disclosure or use by an investigative or law enforcement
officer or governmental entity of information beyond the
extent permitted by section 2517 is a violation of this
chapter for purposes of section 2520(a).
(b) Section 2707 of title 18, United States Code, is
amended--
(1) in subsection (a), after ``entity'', by inserting ``,
other than the United States,'';
(2) by striking subsection (d) and inserting the following:
``(d) Administrative Discipline.--If a court or appropriate
department or agency determines that the United States or any
of its departments or agencies has violated any provision of
this chapter, and the court or appropriate department or
agency finds that the circumstances surrounding the violation
raise serious questions about whether or not an officer or
employee of the United States acted willfully or
intentionally with respect to the violation, the department
or agency shall, upon receipt of a true and correct copy of
the decision and findings of the court or appropriate
department or agency promptly initiate a proceeding to
determine whether disciplinary action against the officer or
employee is warranted. If the head of the department or
agency involved determines that disciplinary action is not
warranted, he or she shall notify the Inspector General with
jurisdiction over the department or agency concerned and
shall provide the Inspector General with the reasons for such
determination.''; and
(3) by adding a new subsection (g), as follows:
``(g) Improper Disclosure.--Any willful disclosure of a
`record', as that term is defined in section 552a(a) of title
5, United States Code, obtained by an investigative or law
enforcement officer, or a governmental entity, pursuant to
section 2703 of this title, or from a device installed
pursuant to section 3123 or 3125 of this title, that is not a
disclosure made in the proper performance of the official
functions of the officer or governmental entity making the
disclosure, is a
[[Page H7166]]
violation of this chapter. This provision shall not apply to
information previously lawfully disclosed (prior to the
commencement of any civil or administrative proceeding under
this chapter) to the public by a Federal, State, or local
governmental entity or by the plaintiff in a civil action
under this chapter.''.
(c)(1) Chapter 121 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 2712. Civil actions against the United States
``(a) In General.--Any person who is aggrieved by any
willful violation of this chapter or of chapter 119 of this
title or of sections 106(a), 305(a), or 405(a) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et
seq.) may commence an action in United States District Court
against the United States to recover money damages. In any
such action, if a person who is aggrieved successfully
establishes such a violation of this chapter or of chapter
119 of this title or of the above specific provisions of
title 50, the Court may assess as damages--
``(1) actual damages, but not less than $10,000, whichever
amount is greater; and
``(2) litigation costs, reasonably incurred.
``(b) Procedures.--(1) Any action against the United States
under this section may be commenced only after a claim is
presented to the appropriate department or agency under the
procedures of the Federal Tort Claims Act, as set forth in
title 28, United States Code.
``(2) Any action against the United States under this
section shall be forever barred unless it is presented in
writing to the appropriate Federal agency within 2 years
after such claim accrues or unless action is begun within 6
months after the date of mailing, by certified or registered
mail, of notice of final denial of the claim by the agency to
which it was presented. The claim shall accrue on the date
upon which the claimant first has a reasonable opportunity to
discover the violation.''.
``(3) Any action under this section shall be tried to the
court without a jury.
``(4) Notwithstanding any other provision of law, the
procedures set forth in section 106(f), 305(g), or 405(f) of
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1801 et seq.) shall be the exclusive means by which materials
governed by those sections may be reviewed.
``(5) An amount equal to any award against the United
States under this section shall be reimbursed by the
department or agency concerned to the fund described in
section 1304 of title 31, United States Code, out of any
appropriation, fund, or other account (excluding any part of
such appropriation, fund, or account that is available for
the enforcement of any Federal law) that is available for the
operating expenses of the department or agency concerned.
``(c) 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 possible 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.
``(d) Exclusive Remedy.--Any action against the United
States under this subsection shall be the exclusive remedy
against the United States for any claims within the purview
of this section.
``(e) Stay of Proceedings.--(1) Upon the motion of the
United States, the court shall stay any action commenced
under this section if the court determines that civil
discovery will adversely affect the ability of the Government
to conduct a related investigation or the prosecution of a
related criminal case. Such a stay shall toll the limitations
periods of paragraph (2) of subsection (b).
``(2) In this subsection, the terms `related criminal case'
and `related investigation' mean an actual prosecution or
investigation in progress at the time at which the request
for the stay or any subsequent motion to lift the stay is
made. In determining whether an investigation or a criminal
case is related to an action commenced under this section,
the court shall consider the degree of similarity between the
parties, witnesses, facts, and circumstances involved in the
2 proceedings, without requiring that any one or more factors
be identical.
``(3) In requesting a stay under paragraph (1), the
Government may, in appropriate cases, submit evidence ex
parte in order to avoid disclosing any matter that may
adversely affect a related investigation or a related
criminal case. If the Government makes such an ex parte
submission, the plaintiff shall be given an opportunity to
make a submission to the court, not ex parte, and the court
may, in its discretion, request further information from
either party.''.
(2) The table of sections at the beginning of chapter 121
is amended to read as follows:
``2712. Civil action against the United States.''.
SEC. 224. SUNSET.
(a) In General.--Except as provided in subsection (b), this
title and the amendments made by this title (other than
sections 203(a), 203(c), 205, 208, 210, 211, 213, 216, 219,
221, and 222, and the amendments made by those sections)
shall cease to have effect on December 31, 2005.
(b) Exception.--With respect to any particular foreign
intelligence investigation that began before the date on
which the provisions referred to in subsection (a) cease to
have effect, or with respect to any particular offense or
potential offense that began or occurred before the date on
which such provisions cease to have effect, such provisions
shall continue in effect.
SEC. 225. IMMUNITY FOR COMPLIANCE WITH FISA WIRETAP.
Section 105 of the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. 1805) is amended by inserting after
subsection (g) the following:
``(h) No cause of action shall lie in any court against any
provider of a wire or electronic communication service,
landlord, custodian, or other person (including any officer,
employee, agent, or other specified person thereof) that
furnishes any information, facilities, or technical
assistance in accordance with a court order or request for
emergency assistance under this Act.''.