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[DOCID: f:publ056.107]

[[Page 271]]

    UNITING AND STRENGTHENING AMERICA BY PROVIDING APPROPRIATE TOOLS
REQUIRED TO INTERCEPT AND OBSTRUCT TERRORISM (USA PATRIOT ACT) ACT OF
                                  2001

[[Page 115 STAT. 272]]

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]]

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.

[[Page 115 STAT. 274]]

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. 701. Expansion of regional information sharing system to facilitate
           Federal-State-local law enforcement response related to
           terrorist attacks.

[[Page 115 STAT. 275]]

      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. <<NOTE: 18 USC 1 note.>> 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

[[Page 115 STAT. 276]]

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 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. <<NOTE: 18 USC 3056 note.>> 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:

[[Page 115 STAT. 278]]

                    ``(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. <<NOTE: 18 USC app.>> AUTHORITY TO SHARE CRIMINAL
            INVESTIGATIVE 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 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 <<NOTE: 18 USC 2517 note.>> Attorney General
shall 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 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 <<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 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. <<NOTE: 28 USC 532 note.>> 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).

[[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 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),''.

[[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 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;

[[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)

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