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OTI Withdraws Support for USA FREEDOM Act

May 21st, 2014 No comments

The following statement can be attributed to Kevin Bankston, Policy Director of the New America Foundation’s Open Technology Institute:

“House leaders should have allowed a vote on the compromise version of the USA FREEDOM Act that was already agreed to, rather than undermining their own members and caving in to the intelligence community’s demands.  We recognize the need for the USA FREEDOM Act to move forward now, in order to avoid a worse bill or no bill at all.  However, we cannot in good conscience support this weakened version of the bill, where key reforms—especially those intended to end bulk collection and increase transparency—have been substantially watered down.  We’re gravely disappointed that rather than respecting the wishes of the unanimous Judiciary and Intelligence Committees, the House leadership and the Obama Administration have chosen to disrupt the hard-fought compromise that so many of us were willing to support just two weeks ago.

“The original USA FREEDOM Act was a great leap forward on surveillance reform, and the compromise version of two weeks ago was still a big step forward, but today’s version is merely leaning in the right direction.  Much of what has been weakened in the House version of USA FREEDOM will have to be restored in the Senate before the privacy and civil liberties community will be willing to support this bill again.”

Robyn Greene, OTI’s new Policy Counsel specializing in surveillance issues, expressed specific concerns about changes to the bill’s language intended to ban bulk collection:

“We are especially disappointed by the weakening of the language intended to prohibit bulk collection of innocent Americans’ records.  Although we are still hopeful that the bill’s language will end the bulk collection of telephone records and prevent indiscriminate collection of other types of records, it may still allow data collection on a dangerously massive scale.  Put another way, it may ban ‘bulk’ collection of all records of a particular kind, but still allow for ‘bulky’ collection impacting the privacy of millions of people.  Before this bill becomes law, Congress must make clear—either through amendments to the bill, through statements in the legislative record, or both—that mass collection of innocent people’s records isn’t allowed.  We particularly call on the sponsors of the bill to make clear in their statements on the House floor that the government is not allowed to engage in mass collection such as grabbing records of all phone calls in a particular area code, all Internet accounts in a particular zip code, all emails sent through a particular email service or all transactions made through a particular bank.”

Discussing the weakened transparency provisions in the new version of USA FREEDOM, Bankston added:

“The USA FREEDOM provisions intended to allow companies to issue more detailed transparency reports about the government demands they receive for users’ information have also been completely watered down. Those transparency reporting provisions have been weakened to the point that they are almost identical to what the Justice Department has already agreed to let the companies report.  Yet those bare-bones reports that the companies are already issuing, which lump a bunch of different surveillance authorities into a single rounded number, have done little to restore the lost trust of Internet users here and abroad.  Much more transparency is necessary to provide meaningful accountability and restore trust in the US Internet industry, and we intend to keep fighting for it.”

Source: Statement: OTI Withdraws Support for USA FREEDOM Act After House Leaders and Obama Administration Water Down Its Surveillance Reforms
Published:   May 20, 2014
New America Foundation (http://newamerica.net/node/110983)

 

Categories: Govenance & Privacy

Privacy & Governance

March 29th, 2014 No comments

Today, the Internet ( the World Wide Web ), as a trusted public utility has been rendered fatally flawed – leaving in its wake a snake pit of distrust and subterfuge.  The irony is that this service, created by the government as a constructive collaborative vehicle, has now become corrupted by the government that created it, the technologists that facilitated it and the nefarious that have misused it.  What was to be a gift for the world has become a pariah.

–Jeffrey Slee


 

Categories: Govenance & Privacy

Obama Proposal Ending the Section 215 Bulk Telephony Metadata Program as it Existed

March 28th, 2014 No comments

FACT SHEET: The Administration’s Proposal for Ending the Section 215 Bulk Telephony Metadata Program

On January 17, 2014, President Obama gave a speech at the Department of Justice on his Administration’s review of certain intelligence activities.  During this speech, he ordered a transition that would end the Section 215 bulk telephony metadata program as it previously existed and establish a new mechanism to preserve the capabilities we need without the government holding this bulk metadata.  The President made clear that he was ordering this transition to give the public greater confidence that their privacy is appropriately protected, while maintaining the tools our intelligence and law enforcement agencies need to keep us safe. This fact sheet describes the steps the Administration has taken to implement this transition, details the President’s proposal for a new program to replace the Section 215 program, and outlines the steps the Administration will be taking in the near future to realize the President’s vision. 

Ending the Section 215 Bulk Telephony Metadata Program as it Existed

On January 17, 2014, the President directed the first step in the transition of the Section 215 program; that the Department of Justice (DOJ) to seek to modify the program to ensure that:

  • Absent an emergency situation, the government can query the telephony metadata collected pursuant to the program only after a judge approves the use of specific numbers for such queries based on national security concerns; and
  • The results of any query are limited to metadata within two hops of the selection term being used, instead of three.

On February 5, 2014, the Foreign Intelligence Surveillance Court (FISC) approved the government’s request to modify the program.   

The President’s Proposal to Replace the Section 215 Program

For the second step in the transition, the President instructed the Attorney General and the Intelligence Community (IC) to develop options for a new program that could match the capabilities and fill the gaps that the Section 215 metadata program was designed to address without the government holding the bulk telephony metadata records.  The President further instructed the Attorney General and the IC to report back to him with options for alternative approaches before the program comes up for reauthorization by the FISC on March 28th. 

Consistent with this directive, DOJ and the IC developed options designed to meet the criteria the President laid out in his speech — to preserve the capabilities we need without the government holding this metadata. The Administration has also consulted with Congress, the private sector, privacy and civil liberties groups, and other interested groups. 

On the basis of these consultations, and after having carefully considered the available options, the President has decided on a proposal that will, with the passage of appropriate legislation, allow the government to end bulk collection of telephony metadata records under Section 215, while ensuring that the government has access to the information it needs to meet its national security requirements.  Under the President’s proposal, a new program would be created with the following key attributes:

  • the government will not collect these telephone records in bulk; rather, the records would remain at the telephone companies for the length of time they currently do today; 
  • absent an emergency situation, the government would obtain the records only pursuant to individual orders from the FISC approving the use of specific numbers for such queries, if a judge agrees based on national security concerns;
  • the records provided to the government in response to queries would only be within two hops of the selection term being used, and the government’s handling of any records it acquires will be governed by minimization procedures approved by the FISC;
  • the court-approved numbers could be used to query the data over a limited period of time without returning to the FISC for approval, and the production of records would be ongoing and prospective; and
  • the companies would be compelled by court order to provide technical assistance to ensure that the records can be queried and that results are transmitted to the government in a usable format and in a timely manner.

The President believes that this approach will best ensure that we have the information we need to meet our intelligence requirements while enhancing public confidence in the manner in which this information is collected and held. 

The Path Forward

Legislation will be needed to implement the President’s proposal.  The Administration has been in consultation with congressional leadership and members of the Intelligence and Judiciary Committees on this important issue throughout the last year, and we look forward to continuing to work with Congress to pass a bill that achieves the goals the President has put forward.  Given that this legislation will not be in place by March 28 and given the importance of maintaining the capabilities in question, the President has directed DOJ to seek from the FISC a 90-day reauthorization of the existing program, which includes the substantial modifications in effect since February.

Categories: Govenance & Privacy

FISA Transparency and Modernization Act HR4291

March 28th, 2014 No comments

FAHCR1113THWISA_002.XML

(Original Signature of Member)

113TH CONGRESS

2D SESSION

To amend the Foreign Intelligence Surveillance Act of 1978 to prohibit the bulk collection of call detail records, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

Mr. ROGERS of Michigan (for himself and [see ATTACHED LIST of cospon­sors]) introduced the following bill; which was referred to the Committee on

A BILL

To amend the Foreign Intelligence Surveillance Act of 1978 to prohibit the bulk collection of call detail records, and for other purposes.

1           Be it enacted by the Senate and House of Representa‑

2 tines of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4               This Act may be cited as the “FISA Transparency

5 and Modernization Act”.

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2

1 SEC. 2. PROHIBITION ON BULK COLLECTION OF CALL DE‑

2                      TAIL RECORDS.

3             Section 501(a) of the Foreign Intelligence Surveil‑

4 lance Act of 1978 (50 U.S.C. 1861) is amended‑

5                   (1) .lia paragraph (1), by striking “other items”

6         and inserting “other items, but not including call de‑

7          tail records”; and

8                        (2) by adding at the end the following new

9          paragraph:”.

10            “(4) In this subsection, the term ‘call detail records’

11 means communications routing information, including an

12 original or terminating telephone number, an Inter‑

13 national Mobile Subscriber Identity, an International Mo‑

14 bile Station Equipment Identity, a trunk identifier, a tele‑

15 phone calling card number, the time or duration of a call,

16 or original or terminating text-message numerical infor‑

17 mation.”.

18 SEC. 3. PROHIBITION ON BULK COLLECTION OF ELEC‑

19                      TRONIC COMMUNICATIONS RECORDS.

20       (a) IN GENERAL.—Notwithstanding any other provi‑

21 sion of law, the Federal Government may not acquire

22 under the Foreign Intelligence Surveillance Act of 1978

23 (50 U.S.C. 1801 et seq.) records of any electronic commu‑

24 nication without the use of specific identifiers or selection

25 terms.

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3

1         (b) DEFINITION OF ELECTRONIC COMMUNICA‑

2 TIONS.—In this section, the term “electronic communica‑

3 tion” has the meaning given such term under section 2510

4 of title 18, United States Code.

5 SEC. 4. PROHIBITION ON BULK COLLECTION OF CERTAIN

6                           BUSINESS RECORDS.

7         Notwithstanding any other provision of law, the Fed‑

8 eral Government may not acquire under the Foreign Intel‑

9 ligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.)

10 library circulation records, library patron lists, book sales

11 records, book customer lists, firearm sales records, tax re‑

12 turn records, educational records, or medical records con‑

13 taming information that would identify a person without

14 the use of specific identifiers or selection terms.

15 SEC. 5. APPOINTMENT OF AMICUS CURIAE.

16           Section 103 of the Foreign Intelligence Surveillance

17 Act of 1978 (50 U.S.C. 1803) is amended by adding at

18 the end the following:

19             “(i) AMICUS CURIAE .—

20                “(1) AUTHORIZATION.—Notwithstanding any

21                other provision of law, a court established under

22               subsection (a) or (b) may, consistent with the re‑

23           quirement of subsection (c) and any other statutory

24         requirement that the court act expeditiously or with‑

25             in a stated time, to appoint amicus curiae to assist

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4

1            the court in the consideration of a covered applica‑

2          tion.

3                     “(2) DESIGNATION.—The courts established by

4                  subsection (a) and (b) shall each designate 1 or

5            more individuals who have been determined by ap‑

6           propriate executive branch officials to be eligible for

7                 access to classified information who may be ap‑

8            pointed to serve as amicus curiae. In appointing an

9             amicus curiae pursuant to paragraph (1), the court

10          may choose from among those so designated.

11                       “(3) EXPERTISE.—An individual appointed as

12           an amicus curiae under paragraph (1) may be a spe‑

13                cial counsel or an expert on privacy and civil lib‑

14        erties, intelligence collection, telecommunications, or

15             any other area that may lend legal or technical ex‑

16          pertise to the court.

17                           “(4) DUTIES.—An amicus curiae appointed

18           under paragraph (1) to assist with the consideration

19               of a covered application shall carry out the duties

20              assigned by the appointing court. That court may

21            authorize, to the extent consistent with the case or

22            controversy requirements of Article III of the Con‑

23          stitution of the United States and the national secu‑

24               rity of the United States, the amicus curiae to re‑

25          view any application, certification, petition, motion,

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5

1          or other submission that the court determines is rel‑

2          evant to the duties assigned by the court.

3                 “(5) NOTIFICATION. —A court established under

4          subsection (a) or (b) shall notify the Attorney Gen‑

5          oral of each exercise of the authority to appoint an

6          amicus curiae under paragraph (1).

7                 “(6) ASSISTANCE .—A court established under

8          subsection (a) or (b) may request and receive (in‑

9          eluding on a non-reimbursable basis) the assistance

10         of the executive branch in the implementation of this

11         subsection.

12                “(7) ADMINISTRATION.—A court established

13         under subsection (a) or (b) may provide for the des‑

14         ignation, appointment, removal, training, support, or

15         other administration of an amicus curiae appointed

16         under paragraph (1) in a manner that is not incon‑

17         sistent with this subsection.

18                     “(8) CONGRESSIONAL OVERSIGHT.—The Attor‑

19         ney General shall submit to the appropriate commit‑

20         tees of Congress an annual report on the number of

21         notices described in paragraph (5) received by Attor‑

22         ney General for the preceding 12-month period.

23         Each such report shall include the name of each in‑

24         dividual appointed as an amicus curiae during such

25         period.

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6

1                “(9) DEFINITIONS.—In this subsection:

2                           “(A) APPROPRIATE COMMITTEES OF CON‑

3                      DRESS.—The term ‘appropriate committees of

4                Congress’ means‑

5                                   “(i) the Committee on the Judiciary

6                          and the Select Committee on Intelligence

7                        of the Senate; and

8                                   “(ii) the Committee on the Judiciary

9                           and the Permanent Select Committee on

10                           Intelligence of the House of Representa‑

11                        tives.

12                              “(B) COVERED APPLICATION.—The term

13                    ‘covered application’ means an application for

14                   an order or review made to a court established

15                under subsection (a) or (b)‑

16                                       “(i) that, in the opinion of such a

17                         court, presents a novel or significant inter‑

18                        pretation of the law; and

19                               “(ii) that is‑

20                                          “(I) an application for an order

21                                   under this title, title III, IV, or V of

22                                this Act, or section 703 or 704 of this

23                               Act;

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7

1                                           “(II) a review of a certification

2                                     or procedures under section 503 or

3                               702 of this Act; or

4                                       “(III) a notice of non-compliance

5                                  with any such order, certification, or

6                               procedures.”.

7 SEC. 6. REPORTING REQUIREMENTS FOR DECISIONS OF

8                            THE FOREIGN INTELLIGENCE SURVEIL‑

9                     LANCE COURT.

10            Section 601(c)(1) of the Foreign Intelligence Surveil‑

11 lance Act of 1978 (50 U.S.C. 1871(c)) is amended to read

12 as follows:

13                        “(1) not later than 45 days after the date on

14         which the Foreign Intelligence Surveillance Court or

15             the Foreign Intelligence Surveillance Court of Re‑

16                 view issues a decision, order, or opinion that in‑

17          eludes a significant construction or interpretation of

18           any provision of this Act or a denial of a request for

19            an order or a modification of a request for an order,

20          or results in a change of application of any provision

21            of this Act or a new application of any provision of

22            this Act‑

23                                “(A) a copy of such decision, order, or

24                        opinion and any pleadings, applications, or

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8

1                    memoranda of law associated with such deci‑

2                sion, order, or opinion; and

3                           “(B) with respect to such decision, order,

4                       or opinion, a brief statement of the relevant

5                     background factual information, questions of

6                 law, legal analysis, and decision rendered; and”.

7 SEC. 7. DECLASSIFICATION OF DECISIONS, ORDERS, AND

8                      OPINIONS.

9             (a) DECLASSIFICATION.—Title VI of the Foreign In‑

10 telligence Surveillance Act of 1978 (50 U.S.C. 1871 et

11 seq.) is amended‑

12                        (1) in the heading, by striking “REPORT‑

13                ING REQUIREMENT” and inserting “OVER‑

14          SIGHT”; and

15                 (2) by adding at the end the following new sec‑

16          tion:

17 “SEC. 602. DECLASSIFICATION OF SIGNIFICANT DECISIONS,

18                      ORDERS, AND OPINIONS.

19                     “(a) DECLASSIFICATION REQUIRED.—Subject to

20 subsection (b), the Director of National Intelligence shall

21 conduct a declassification review of each decision, order,

22 or opinion issued by the Foreign Intelligence Surveillance

23 Court or the Foreign Intelligence Surveillance Court of

24 Review that includes significant construction or interpre‑

25 tation of any provision of this Act and, consistent with

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9

1 that review, make publicly available to the greatest extent

2 practicable each such decision, order, or opinion.

3                   “(b) REDACTED FORM.—The Director of National

4 Intelligence may satisfy the requirement under subsection

5 (a) to make a decision, order, or opinions described in such

6 subsection publicly available to the greatest extent prac‑

7 ticable by making such decision, order, or opinion publicly

8 available in redacted form.

9                 “(c) NATIONAL SECURITY WAIVER.—The Director of

10 National Intelligence may waive the requirement to declas‑

11 sify and make publicly available a particular decision,

12 order, or opinion under subsection (a) if the Director‑

13                     “(1) determines that a waiver of such require‑

14           ment is necessary to protect the national security of

15             the United States or properly classified intelligence

16         sources or methods; and

17                        “(2) makes publicly available an unclassified

18         summary of such decision, order, or opinion.”.

19                   (b) TABLE OF CONTENTS AMENDMENTS.—The table

20 of contents in the first section of such Act is amended‑

21                    (1) by striking the item relating to title VI and

22         inserting the following new item:

“TITLE VI—OVERSIGHT”; AND

23                      (2) by inserting after the item relating to sec‑

24         tion 601 the following new item:

“Sec. 602. Declassification of significant decisions, orders, and opinions.”.

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10

1 SEC. 8. PUBLIC REPORTING ON INCIDENTAL COLLECTION

2                      OF UNITED STATES PERSON INFORMATION.

3            Section 601 of the Foreign Intelligence Surveillance

4 Act of 1978 (50 U.S.C. 1871) is amended‑

5                         (1) by redesignating subsection (e) as sub‑

6          section (f); and

7                        (2) by inserting after subsection (d) the fol‑

8          lowing new subsection:

9              “(e) PUBLIC REPORTING ON INCIDENTAL COLLEC‑

10 TION OP UNITED STATES PERSON INFORMATION.—The

11 Attorney General shall annually make publicly available

12 a report describing the number of identified instances in

13 which the contents of a communication of a United States

14 person was acquired under this Act when the acquisition

15 authorized by this Act that resulted in the collection of

16 such contents could not reasonably have been anticipated

17 to capture such contents.”.

18 SEC. 9. ANNUAL REPORTS ON VIOLATIONS OF LAW OR EX‑

19                      ECUTIVE ORDER.

20                (a) IN GENERAL.—Title V of the National Security

21 Act of 1947 (50 U.S.C. 3091 et seq.) is amended by add‑

22 ing at the end the following:

23 “SEC. 509. ANNUAL REPORT ON VIOLATIONS OF LAW OR EX‑

24                      ECUTIVE ORDER.

25               “(a) ANNUAL REPORTS REQUIRED.—Not later than

26 April 1 of each year, the Director of National Intelligence

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11

1 shall submit to the congressional intelligence committees

2 a report on violations of law or executive order by per‑

3 sonnel of an element of the intelligence community that

4 were identified during the previous calendar year.

5                   “(b) ELEMENTS.—Each report required subsection

6 (a) shall include a description of any violation of law or

7 executive order (including Executive Order No. 12333 (50

8 U.S.C. 3001 note)) by personnel of an element of the intel‑

9 ligence community in the course of such employment that,

10 during the previous calendar year, was determined by the

11 director, head, general counsel, or inspector general of any

12 element of the intelligence community to have occurred.”.

13              (b) CLERICAL AMENDMENT.—The table of sections

14 in the first section of the National Security Act of 1947

15 is amended by adding after the section relating to section

16 508 the following:

“Sec. 509. Annual report on violations of law or executive order.”.

17 SEC. 10. PERIODIC REVIEW OF INTELLIGENCE COMMUNITY

18                       PROCEDURES FOR THE ACQUISITION, RETEN‑

19                                      TION, AND DISSEMINATION OF INTEL‑

20                           LIGENCE.

21                   (a) IN GENERAL.—Title V of the National Security

22 Act of 1947 (50 U.S.C. 3091 et seq.), as amended by sec‑

23 tion 9, is further amended by adding at the end the fol‑

24 lowing:

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12

1 “SEC. 510. PERIODIC REVIEW OF INTELLIGENCE COMMU‑

2                      NITY PROCEDURES FOR THE ACQUISITION,

3                  RETENTION, AND DISSEMINATION OF INTEL‑

4                      LIGENCE.

5 “(a) HEAD OF AN ELEMENT OF THE INTELLIGENCE

6 COMMUNITY DEFINED.—In this section, the term ‘head

7 of an element of the intelligence community’ means, as

8 appropriate‑

9                    “(1) the head of an element of the intelligence

10          community; or

11                  “(2) the head of the department or agency con‑

12          taining such element.

13 “(b) REVIEW OF PROCEDURES APPROVED BY THE

14 ATTORNEY GENERAL.‑

15               “(1) REQUIREMENT FOR IMMEDIATE RE‑

16         VIEW.—Each head of an element of the intelligence

17         community that has not obtained the approval of the

18                Attorney General for the procedures, in their en‑

19                tirety, required by section 2.3 of Executive Order

20                 12333 (50 U.S.C. 3001 note) within 5 years prior

21                to the date of the enactment of the FISA Trans‑

22               parency and Modernization Act, shall initiate, not

23              later than 180 days after such date of enactment, a

24         review of the procedures for such element, in accord‑

25          ante with paragraph (3).

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13

1                          “(2) REQUIREMENT FOR REVIEW.—Not less

2            frequently than once every 5 years, each head of an

3          element of the intelligence community shall conduct

4         a review of the procedures approved by the Attorney

5              General for such element that are required by sec‑

6             tion 2.3 of Executive Order 12333 (50 U.S.C. 3001

7               note), or any successor order, in accordance with

8         paragraph (3).

9                    “(3) REQUIREMENTS FOR REVIEWS.—In coordi‑

10         nation with the Director of National Intelligence and

11          the Attorney General, the head of an element of the

12          intelligence community required to perform a review

13         under paragraphs (1) or (2) shall‑

14                            “(A) review existing procedures for such

15                   element that are required by section 2.3 of Ex‑

16                    ecutive Order 12333 (50 U.S.C. 3001 note), or

17                any successor order, to assess whether‑

18                                   “(i) advances in communications or

19                      other technologies since the time the proce‑

20                          dures were most recently approved by the

21                        Attorney General have affected the privacy

22                           protections that the procedures afford to

23                          United States persons, to include the pro‑

24                         tections afforded to United States persons

25                        whose nonpublic communications are inci‑

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1                          dentally acquired by an element of the in‑

2                        telligence community; or

3                                      “(ii) aspects of the existing proce‑

4                          dures impair the acquisition, retention, or

5                          dissemination of timely, accurate, and in‑

6                           sightful information about the activities,

7                            capabilities, plans, and intentions of for‑

8                             eign powers, organization, and persons,

9                        and their agents; and

10                         “(B) propose any modifications to existing

11                procedures for such element in order to‑

12                                   “(i) clarify the guidance such proce‑

13                         dures afford to officials responsible for the

14                       acquisition, retention, and dissemination of

15                        intelligence;

16                                    “(ii) eliminate unnecessary impedi‑

17                             meats to the acquisition, retention, and

18                        dissemination of intelligence; or

19                                    “(iii) ensure appropriate protections

20                             for the privacy of United States persons

21                                and persons located inside the United

22                        States.

23                     “(4) NOTICE.—The Director of National Intel‑

24               ligence and the Attorney General shall notify the

25          congressional intelligence committees following the

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15

1             completion of each review required under this sec‑

2         tion.

3                              “(5) REQUIREMENT TO PROVIDE PROCE‑

4            DUKES.—Upon the implementation of any modifica‑

5          tions to procedures required by section 2.3 of Execu‑

6           tive Order 12333 (50 U.S.C. 3001 note), or any suc‑

7              cessor order, the head of the element of the intel‑

8        ligence community to which the modified procedures

9           apply shall promptly provide a copy of the modified

10         procedures to the congressional intelligence commit‑

11         tees.”.

12               (b) CLERICAL AMENDMENT.—The table of sections

13 in the first section of the National Security Act of 1947,

14 as amended by section 9, is further amended by adding

15 after the section relating to section 509 the following:

“Sec. 510. Periodic review of intelligence community procedures for the acquisi­tion, retention, and dissemination of intelligence.”.

16 SEC. 11. PROCEDURES FOR TARGETED ACQUISITIONS OF

17                    TERRORIST AND FOREIGN AGENT NON-CON‑

18                           TENT COMMUNICATIONS RECORDS.

19              (a) IN GENERAL.—Title V of the Foreign Intelligence

20 Surveillance Act of 1978 (50 U.S.C. 1861 et seq.) is

21 amended by adding at the end the following new section:

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1 “SEC. 503. PROCEDURES FOR TARGETED ACQUISITIONS OF

2                  TERRORIST AND FOREIGN AGENT NON-CON‑

3                     TENT COMMUNICATIONS RECORDS.

4              “(a) AUTHORIZATION.—Notwithstanding any other

5 provision of law, upon the issuance of an order in accord‑

6 ante with subsection (i)(3) or a determination under sub‑

7 section (c)(2), the Attorney General and the Director of

8 National Intelligence may authorize jointly, for a period

9 of up to 1 year from the effective date of the authoriza‑

10 tion, the acquisition from an electronic communication

11 service provider of records created as a result of commu‑

12 nications of an individual or facility who, based on reason‑

13 able and articulable suspicion, is‑

14                    “(1) a foreign power or the agent of a foreign

15          power;

16                        “(2) associated with a foreign power or the

17          agent of a foreign power; or

18                   “(3) in contact with, or known to, a suspected

19          agent of a foreign power.

20          “(b) LIMITATIONS.—An acquisition authorized under

21 subsection (a) shall be reasonably designed‑

22                “(1) not to acquire‑

23                       “(A) the contents associated with any com‑

24                munication;

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1                         “(B) records of wire or electronic commu‑

2                   nications without the use of specific identifiers

3                or selection terms;

4                          “(C) information for an investigation of a

5                United States person conducted solely upon the

6                  basis of activities protected by the first amend‑

7                ment to the Constitution; or

8                               “(D) the name, address, social security

9                       number, employer or taxpayer identification

10                  number, date of birth, or credit card number of

11                any United States person; and

12                   “(2) to comply with the fourth amendment to

13         the Constitution of the United States.

14            “(c) CONDUCT OF ACQUISITION.‑

15               “(1) IN GENERAL.—An acquisition authorized

16         under subsection (a) shall be conducted only‑

17                          “(A) in accordance with the selection and

18                  civil liberties and privacy protection procedures

19                 adopted in accordance with subsections (d) and

20                (e); and

21                          “(B) upon submission of a certification in

22                accordance with subsection (g).

23                           “(2) DETERMINATION.—A determination under

24           this paragraph and for purposes of subsection (a) is

25         a determination by the Attorney General and the Di‑

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1                   rector of National Intelligence that exigent cir‑

2          cumstances exist because, without immediate imple‑

3            mentation of an authorization under subsection (a),

4          intelligence important to the national security of the

5                 United States may be lost or not timely acquired

6               and time does not permit the issuance of an order

7            pursuant to subsection (i)(3) prior to the implemen‑

8          tation of such authorization.

9                    “(3) TIMING OF DETERMINATION.—The Attor‑

10                   ney General and the Director of National Intel‑

11                ligence may make the determination under para‑

12          graph (2)‑

13                               “(A) before the submission of a certifi‑

14                 cation in accordance with subsection (g); or

15                           “(B) by amending a certification pursuant

16                           to subsection (i)(1)(C) at any time during

17                      which judicial review under subsection (i) of

18                 such certification is pending.

19          “(d) SELECTION PROCEDURES.‑

20                    “(1) REQUIREMENT TO ADOPT.—The Attorney

21                General, in consultation with the Director of Na‑

22             tional Intelligence, shall adopt selection procedures

23             that are reasonably designed to ensure that any ac‑

24              quisition authorized under subsection (a) complies

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1               with the requirements and limitations relating to

2         such acquisitions under subsections (a) and (b).

3                            “(2) JUDICIAL REVIEW.—The procedures

4              adopted in accordance with paragraph (1) shall be

5           subject to judicial review pursuant to subsection (i).

6                “(e) CIVIL LIBERTIES AND PRIVACY PROTECTION

7 PROCEDURE S.—

8                     “(1) REQUIREMENT TO ADOPT.—The Attorney

9               General, in consultation with the Director of Na‑

10          tional Intelligence, shall adopt civil liberties and pri‑

11              vary protection procedures that are reasonably de‑

12         signed to‑

13                           “(A) minimize the impact of any acquisi‑

14                    tion authorized by (a) on the privacy and civil

15                liberties of United States persons; and

16                              “(B) reasonably limit the receipt, reten‑

17                      tion, use, and disclosure of communications

18                   records associated with a specific person when

19                      such records are not necessary to understand

20                     foreign intelligence information or assess the

21                importance of such information.

22                     “(2) JUDICIAL REVIEW.—The civil liberties and

23          privacy protection procedures adopted in accordance

24          with paragraph (1) shall be subject to judicial review

25         pursuant to subsection (i).

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1           “(f) GUIDELINES FOR COMPLIANCE WITH LIMITA‑

2 TIONS.—

3                  “(1) REQUIREMENT TO ADOPT.—The Attorney

4               General, in consultation with the Director of Na‑

5            tional Intelligence, shall adopt guidelines to ensure‑

6                        “(A) compliance with the requirements and

7                limitations under subsections (a) and (b); and

8                           “(B) that an application for a court order

9                is filed as required by this title.

10                  “(2) SUBMISSION OF GUIDELINES.—The Attor‑

11            ney General shall provide the guidelines adopted in

12          accordance with paragraph (1)‑

13                       “(A) the congressional intelligence commit‑

14                tees;

15                            “(B) the Committees on the Judiciary of

16                    the Senate and the House of Representatives;

17                and

18                           “(C) the Foreign Intelligence Surveillance

19                Court.

20          “(g) CERTIFICATION.‑

21                “(1) IN GENERAL.‑

22                        “(A) REQUIREMENT TO SUBMIT CERTIFI‑

23                   CATION.—Subject to subparagraph (B), prior to

24                    the implementation of an authorization under

25                     subsection (a), the Attorney General and the

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1                    Director of National Intelligence shall provide

2                 to the Foreign Intelligence Surveillance Court a

3                      written certification and any supporting affi‑

4                  davit, under oath and under seal, in accordance

5                with this subsection.

6                                        “(B) EXCEPTION.—If the Attorney Gen‑

7                     eral and the Director of National Intelligence

8                    make a determination under subsection (c)(2)

9                     and time does not permit the submission of a

10                    certification under this subsection prior to the

. 11                  implementation of an authorization under sub‑

12                 section (a), the Attorney General and the Direc‑

13                   for of National Intelligence shall submit to the

14                    Court a certification for such authorization as

15                     soon as practicable but in no event later than

16                     7 days after such determination is made.

17                       “(2) CERTIFICATION REQUIREMENTS.—A cer‑

18         tification made under this subsection shall‑

19                        “(A) attest that‑

20                                   “(i) procedures have been approved,

21                           have been submitted for approval, or will

22                          be submitted with the certification for ap‑

23                         proval by the Foreign Intelligence Surveil‑

24                            lance Court that are reasonably designed

25                              to ensure compliance with the require‑

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1                            ments and limitations under subsections

2                        (a) and (b).

3                               “(ii) the civil liberties and privacy pro‑

4                          tection procedures to be used with respect

5                        to such acquisition‑

6                                             “(I) meet the requirements of

7                                   civil liberties and privacy protection

8                                 procedures adopted under subsection

9                               (e); and

10                                           “(II) have been approved, have

11                               been submitted for approval, or will be

12                                    submitted with the certification for

13                                  approval by the Foreign Intelligence

14                               Surveillance Court;

15                                 “(iii) guidelines have been adopted in

16                            accordance with subsection (f) to ensure

17                             compliance with the limitations in sub‑

18                           section (b) and to ensure that an applica‑

19                             tion for a court order is filed as required

20                        by this chapter;

21                               “(iv) the procedures and guidelines re‑

22                              (erred to in clauses (i), (ii), and (iii) are

23                             consistent with the requirements of the

24                          fourth amendment to the Constitution of

25                        the United States;

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23

1                                   “(v) a significant purpose of the ac‑

2                             quisition is to obtain foreign intelligence

3                            information; (vi) the acquisition involves

4                          obtaining foreign intelligence information

5                        from or with the assistance of an electronic

6                        communications service provider; and

7                                “(vi) the acquisition complies with the

8                        limitations in subsection (b);

9                         “(B) include the procedures adopted in ac‑

10                cordance with subsections (d) and (e);

11                           “(C) be supported, as appropriate, by the

12                    affidavit of any appropriate official in the area

13                of national security who is‑

14                                     “(i) appointed by the President, by

15                              and with the advice and consent of the

16                        Senate; or

17                                “(ii) the head of an element of the in‑

18                        telligence community;

19                        “(D) include‑

20                                   “(i) an effective date for the author‑

21                               ization that is at least 30 days after the

22                           submission of the written certification to

23                        the court; or

24                                     “(ii) if the acquisition has begun or

25                         the effective date is less than 30 days after

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1                         the submission of the written certification

2                        to the court, the date the acquisition began

3                             or the effective date for the acquisition;

4                        and

5                            “(E) if the Attorney General and the Di‑

6                      rector of National Intelligence make a deter‑

7                        mination under subsection (c)(2), include a

8                       statement that such determination has been

9                made.

10                       “(3) CHANGE IN EFFECTIVE DATE.—The At‑

11              torney General and the Director of National Intel‑

12             ligence may advance or delay the effective date re‑

13                   (erred to in paragraph (2)(D) by submitting an

14          amended certification in accordance with subsection

15                (i)(1)(C) to the Foreign Intelligence Surveillance

16          Court for review pursuant to subsection (i).

17                       “(4) MAINTENANCE OF CERTIFICATION.—The

18         Attorney General or a designee of the Attorney Gen‑

19               eral shall maintain a copy of a certification made

20          under this subsection.

21                        “(5) JUDICIAL REVIEW.—A certification sub‑

22              mitted in accordance with this subsection shall be

23           subject to judicial review pursuant to subsection (i).

24          “(h) DIRECTIVES.—

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1                “(1) AUTHORITY.—With respect to an acquisi‑

2             tion authorized under subsection (a), the Attorney

3               General and the Director of National Intelligence

4         may direct, in writing, an electronic communications

5         service provider to‑

6                         “(A) immediately provide the Government

7                  with records, whether existing or created in the

8                    future, in the format specified by the Govern‑

9                    meat and in a manner that will protect the se‑

10                crecy of the acquisition; and

11                            “(B) maintain under security procedures

12                    approved by the Attorney General and the Di‑

13                  rector of National Intelligence any records con‑

14                    cerning the aid furnished that such electronic

15                communication service provider retains.

16            “(2) COMPENSATION AND ASSISTANCE.—The

17         Government shall compensate, at the prevailing rate,

18              an electronic communications service provider for

19                  providing records in accordance with directives

20             issued pursuant to paragraph (1). The Government

21         may provide any information, facilities, or assistance

22          necessary to aid an electronic communications serv‑

23         ice provider in complying with a directive issued pur‑

24         suant to paragraph (1).

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1                        “(3) RECORD REQUIREMENT.—For any direc‑

2            tive issued under paragraph (1), the Attorney Gen‑

3                eral shall retain a record of the information indi‑

4          eating that, at the time the directive was issued, the

5           directive complied with the selection procedures es‑

6          tablished by subsection (d).

7                “(4) JUDICIAL REVIEW.‑

8                              “(A) REQUIREMENT TO PROVIDE DIREC‑

9                    TIVES AND SUPPORTING RECORDS.—The Attor‑

10                 ney General shall promptly provide to the court

11                 established by section 103 (a) a copy of each di‑

12                     rective issued under paragraph (1) and a copy

13                of each record prepared under paragraph (3).

14                                   “(B) REMEDY FOR IMPROPER DIREC‑

15                TryEs.—The court shall promptly consider each

16                      directive and record provided under subpara‑

17                    graph (A), and if the court finds that a record

18                       prepared under paragraph (3) does not meet

19                 the requirements of the selection procedures es‑

20                 tablished by subsection (d), the court may order

21                   that the production of records under the appli‑

22                   cable directive be terminated or modified, that

23                 the information produced in response to the di‑

24                        rective be destroyed, or another appropriate

25                remedy.

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1                “(5) CHALLENGING OF DIRECTIVES.‑

2                                “(A) AUTHORITY TO CHALLENGE.—An

3                electronic communications service provider re‑

4                ceiving a directive issued pursuant to paragraph

5                (1) may file a petition to modify or set aside

6                such directive with the Foreign Intelligence

7                Surveillance Court, which shall have jurisdiction

8                to review such petition.

9                              “(B) ASSIGNMENT.—The presiding judge

10                of the Court shall assign a petition filed under

11                subparagraph (A) to 1 of the judges serving in

12                the pool established under section 103(e)(1) not

13                later than 24 hours after the filing of such peti‑

14                tion.

15                             “(C) STANDARDS FOR REVIEW.—A judge

16                considering a petition filed under subparagraph

17                (A) may grant such petition only if the judge

18                finds that the directive does not meet the re‑

19                quirements of this section or is otherwise un‑

20                lawful.

21                                      “(D) PROCEDURES FOR INITIAL RE‑

22                VIEW. —A judge shall conduct an initial review

23                of a petition filed under subparagraph (A) not

24                later than 5 days after being assigned such pe‑

25                tition. If the judge determines that such peti‑

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1                tion consists of claims, defenses, or other legal

2                contentions that are not warranted by existing

3                law or consists of a frivolous argument for ex‑

4                tending, modifying, or reversing existing law or

5                for establishing new law, the judge shall imme‑

6                diately deny such petition and affirm the direc‑

7                tive or any part of the directive that is the sub‑

8                ject of such petition and order the recipient to

9                comply with the directive or any part of it.

10                Upon making a determination under this sub‑

11                paragraph or promptly thereafter, the judge

12                shall provide a written statement for the record

13                of the reasons for such determination.

14                               “(E) PROCEDURES FOR PLENARY RE‑

15                    VIEW.-If a judge determines that a petition

16                filed under subparagraph (A) requires plenary

17                review, the judge shall affirm, modify, or set

18                aside the directive that is the subject of such

19                petition not later than 30 days after being as‑

20                signed such petition. If the judge does not set

21                aside the directive, the judge shall immediately

22                affirm or affirm with modifications the three‑

23                tive, and order the recipient to comply with the

24                directive in its entirety or as modified. The

25                judge shall provide a written statement for the

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1                record of the reasons for a determination under

2                this subparagraph.

3                              “(F) CONTINUED EFFECT.—Any directive

4                not explicitly modified or set aside under this

5                paragraph shall remain in full effect.

6                                 “(G) CONTEMPT OF COURT.—Failure to

7                obey an order issued under this paragraph may

8                be punished by the Court as contempt of court.

9                “(6) ENFORCEMENT OF DIRECTIVES.‑

10                           “(A) ORDER TO COMPEL.—If an electronic

11                communications service provider fails to comply

12                with a directive issued pursuant to paragraph

13                (1), the Attorney General may file a petition for

14                an order to compel the service to comply with

15                the directive with the Foreign Intelligence Sur‑

16                veillance Court, which shall have jurisdiction to

17                review such petition.

18                              “(B) ASSIGNMENT.—The presiding judge

19                of the Court shall assign a petition filed under

20                subparagraph (A) to 1 of the judges serving in

21                the pool established under section 103(c)(1) not

22                later than 24 hours after the filing of such peti‑

23                tion.

24                           “(C) PROCEDURES FOR REVIEW. —A judge

25                considering a petition filed under subparagraph

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30

1                   (A) shall, not later than 30 days after being as‑

2                     signed such petition, issue an order requiring

3                  the electronic communications service provider

4                     to comply with the directive or any part of it,

5                  as issued or as modified, if the judge finds that

6                the directive meets the requirements of this sec‑

7                      tion and is otherwise lawful. The judge shall

8                      provide a written statement for the record of

9                          the reasons for a determination under this

10                paragraph.

11                        “(D) CONTEMPT OF COURT.—Failure to

12                   obey an order issued under this paragraph may

13                 be punished by the Court as contempt of court.

14                           “(E) PROCESS.—Any process under this

15                  paragraph may be served in any judicial district

16                 in which the electronic communications service

17                provider may be found.

18                “(7) APPEAL.‑

19                            “(A) APPEAL TO THE COURT OF RE‑

20                VIEW.—The Government or an electronic corn‑

21                   munications service provider receiving a direc‑

22                    tive issued pursuant to paragraph (1) may file

23                 a petition with the Foreign Intelligence Surveil‑

24                   lance Court of Review for review of a decision

25                       issued pursuant to paragraph (4) or (5). The

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31

1                            Court of Review shall have jurisdiction to con‑

2                              sider such petition and shall provide a written

3                                 statement for the record of the reasons for a

4                     decision under this subparagraph.

5                                          “(B) CERTIORARI TO THE SUPREME

6                      COURT.—The Government or an electronic corn‑

7                           munications service provider receiving a three‑

8                              tive issued pursuant to paragraph (1) may file

9                              a petition for a writ of certiorari for review of

10                            a decision of the Court of Review issued under

11                              subparagraph (A). The record for such review

12                             shall be transmitted under seal to the Supreme

13                           Court of the United States, which shall have ju‑

14                     risdiction to review such decision.

15                             “(8) RULE OF CONSTRUCTION.—Nothing in

16                 this subsection shall be construed to prevent a direc‑

17                       tive issued under paragraph (1) from requiring an

18                            electronic communications service provider to

19                   produce additional records, whether existing or cre‑

20                      ated in the future, based on records produced by a

21           previous directive issued under paragraph (1).

22                  “(i) JUDICIAL REVIEW OF CERTIFICATIONS AND

23 PROCEDURES.‑

24                     “(1) IN GENERAL.—

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1                                 “(A) REVIEW BY THE FOREIGN INTEL‑

2                 LIGENCE SURVEILLANCE COURT.—The Foreign

3                 Intelligence Surveillance Court shall have juris‑

4                diction to review a certification submitted in ac‑

5                   cordance with subsection (g) and the selection

6                  and civil liberties and privacy protection proce‑

7                    dures adopted in accordance with subsections

8                      (d) and (e), and amendments to such certifi‑

9                cation or such procedures.

10                               “(B) TIME PERIOD FOR REVIEW.—The

11                   Court shall review a certification submitted in

12                accordance with subsection (g) and the selection

13                  and civil liberties and privacy protection proce‑

14                    dures adopted in accordance with subsections

15                  (d) and (e) and shall complete such review and

16                        issue an order under paragraph (3) not later

17                   than 30 days after the date on which such cer‑

18                tification and such procedures are submitted.

19                            “(C) AMENDMENTS.—The Attorney Gen‑

20                     oral and the Director of National Intelligence

21                 may amend a certification submitted in accord‑

22                      ante with subsection (g) or the selection and

23                  civil liberties and privacy protection procedures

24                  adopted in accordance with subsections (d) and

25                      (e) as necessary at any time, including if the

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33

1                Court is conducting or has completed review of

2                such certification or such procedures, and shall

3                submit the amended certification or amended

4                procedures to the Court not later than 7 days

5                after amending such certification or such proce‑

6                dures. The Court shall review any amendment

7                under this subparagraph under the procedures

8                set forth in this subsection. The Attorney Gen‑

9                eral and the Director of National Intelligence

10                may authorize the use of an amended certifi‑

11                cation or amended procedures pending the

12                Court’s review of such amended certification or

13                amended procedures.

14                “(2) REVIEW.—The Court shall review the fol‑

15         lowing:

16                     “(A) CERTIFICATION.—A certification sub‑

17                mitted in accordance with subsection (g) to de‑

18                termine whether the certification contains all

19                the required elements.

20                       “(B) SELECTION PROCEDURES.—The se‑

21                lection procedures adopted in accordance with

22                subsection (d) to assess whether the procedures

23                are reasonably designed to meet the require‑

24                meats of subsection (d).

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1                      “(C) CIVIL LIBERTIES AND PRIVACY PRO‑

2                 TECTION PROCEDURES.—The civil liberties and

3                      privacy protection procedures adopted in ac‑

4                  cordance with subsection (e) to assess whether

5                  such procedures meet the requirements of sub‑

6                section (e).

7                “(3) ORDERS.‑

8                          “(A) APPROVAL.—If the Court finds that

9                      a certification submitted in accordance with

10                        subsection (g) contains all the required ele‑

11                   ments and that the selection and civil liberties

12                     and privacy protection procedures adopted in

13                        accordance with subsections (d) and (e) are

14                  consistent with the requirements of those sub‑

15                 sections and with the fourth amendment to the

16                      Constitution of the United States, the Court

17                   shall enter an order approving the certification

18                  and the use, or continued use in the case of an

19                 acquisition authorized pursuant to a determina‑

20                   tion under subsection (c)(2), of the procedures

21                for the acquisition.

22                       “(B) CORRECTION OF DEFICIENCIES.—If

23                 the Court finds that a certification submitted in

24                accordance with subsection (g) does not contain

25                       all the required elements, or that the proce‑

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1                    dures adopted in accordance with subsections

2                    (d) and (e) are not consistent with the require‑

3                            meats of those subsections or the fourth

4                    amendment to the Constitution of the United

5                     States, the Court shall issue an order directing

6                   the Government to, at the Government’s elec‑

7                     tion and to the extent required by the Court’s

8                 order‑

9                                    “(i) correct any deficiency identified

10                         by the Court’s order not later than 30 days

11                             after the date on which the Court issues

12                       the order; or

13                                     “(ii) cease, or not begin, the imple‑

14                           mentation of the authorization for which

15                       such certification was submitted.

16          “(C) REQUIREMENT FOR WRITTEN STATE –

17              MENT .—In support of an order under this sub‑

18                  section, the Court shall provide, simultaneously

19                     with the order, for the record a written state‑

20                ment of the reasons for the order.

21                “(4) APPEAL.‑

22                        “(A) APPEAL TO THE COURT OF RE‑

23                   VIEW .—The Government may file a petition

24                 with the Foreign Intelligence Surveillance Court

25                of Review for review of an order under this sub‑

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1                             section. The Court of Review shall have juris‑

2                            diction to consider such petition. For any deci‑

3                           sion under this subparagraph affirming, revers‑

4                            ing, or modifying an order of the Foreign Intel‑

5                          ligence Surveillance Court, the Court of Review

6                           shall provide for the record a written statement

7                    of the reasons for the decision.

8                                     “(B) CONTINUATION OF ACQUISITION

9                   PENDING REHEARING OR APPEAL.—Any acqui‑

10                                  sition affected by an order under paragraph

11                    (3)(B) may continue‑

12                                                 “(i) during the pendency of any re‑

13                                    hearing of the order by the Court en bane;

14                              and

15                                           “(ii) if the Government files a petition

16                                      for review of an order under this section,

17                                      until the Court of Review enters an order

18                              under subparagraph (C).

19                                      “(C) IMPLEMENTATION PENDING AP‑

20                              PEAL.—Not later than 60 days after the filing

21                            of a petition for review of an order under para‑

22                             graph (3)(B) directing the correction of a defi‑

23                                ciency, the Court of Review shall determine,

24                                   and enter a corresponding order regarding,

25                            whether all or any part of the correction order,

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1                as issued or modified, shall be implemented

2                during the pendency of the review.

3                                     “(D) CERTIORARI TO THE SUPREME

4                COURT.—The Government may file a petition

5                for a writ of certiorari for review of a decision

6                of the Court of Review issued under subpara‑

7                graph (A). The record for such review shall be

8                transmitted under seal to the Supreme Court of

9                the United States, which shall have jurisdiction

10                to review such decision.

11                “(5) SCHEDULE.‑

12                            “(A) REAUTHORIZATION OF AUTHORIZA‑

13                TIONS IN EFFECT.—If the Attorney General

14                and the Director of National Intelligence seek

15                to reauthorize or replace an authorization

16                issued under subsection (a), the Attorney Gen‑

17                eral and the Director of National Intelligence

18                shall, to the extent practicable, submit to the

19                Court the certification prepared in accordance

20                with subsection (g) and the procedures adopted

21                in accordance with subsections (d) and (e) at

22                least 30 days prior to the expiration of such au‑

23                thorization.

24                            “(B) REAUTHORIZATION OF ORDERS, AU‑

25                THORIZATIONS, AND DIRECTIVES.—If the At‑

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1                  torney General and the Director of National In‑

2                   telligence seek to reauthorize or replace an au‑

3                 thorization issued under subsection (a) by filing

4                      a certification pursuant to subparagraph (A),

5                      that authorization, and any directives issued

6                   thereunder and any order related thereto, shall

7                remain in effect, notwithstanding the expiration

8                    provided for in subsection (a), until the Court

9                        issues an order with respect to such certifi‑

10                     cation under paragraph (3) at which time the

11                   provisions of that paragraph and paragraph (4)

12                shall apply with respect to such certification.

13          “(j) JUDICIAL PROCEEDINGS.‑

14                    “(1) EXPEDITED JUDICIAL PROCEEDINGS.-Ju‑

15              dicial proceedings under this section shall be con‑

16          ducted as expeditiously as possible.

17                       “(2) TIME LIMITS.-A time limit for a judicial

18          decision in this section shall apply unless the Court,

19                  the Court of Review, or any judge of either the

20             Court or the Court of Review, by order for reasons

21                   stated, extends that time as necessary for good

22          cause in a manner consistent with national security.

23              “(k) MAINTENANCE AND SECURITY OF RECORDS

24 AND PROCEEDINGS.-

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1                        “(1) STANDARDS.—The Foreign Intelligence

2            Surveillance Court shall maintain a record of a pro‑

3             seeding under this section, including petitions, ap‑

4             peals, orders, and statements of reasons for a deci‑

5            sion, under security measures adopted by the Chief

6               Justice of the United States, in consultation with

7             the Attorney General and the Director of National

8         Intelligence.

9                     “(2) FILING AND REVIEW.—All petitions under

10                this section shall be filed under seal. In any pro‑

11         ceedings under this section, the Court shall, upon re‑

12                quest of the Government, review ex parte and in

13            camera any Government submission, or portions of

14          a submission, which may include classified informa‑

15         tion.

16                       “(3) RETENTION OF RECORDS.—The Attorney

17               General and the Director of National Intelligence

18            shall retain a directive or an order issued under this

19              section for a period of not less than 10 years from

20                the date on which such directive or such order is

21         issued.

22         “(1) ASSESSMENTS AND REVIEWS.‑

23                      “(1) SEMIANNUAL ASSESSMENT.—Not less fre‑

24                quently than once every 6 months, the Attorney

25             General and Director of National Intelligence shall

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1               assess compliance with the selection and civil lib‑

2           erties and privacy protection procedures adopted in

3                accordance with subsections (d) and (e) and the

4         guidelines adopted in accordance with subsection (f).

5                  The assessment shall also include the aggregate

6                number of directives issued under subsection (h)

7           during the relevant time period. The Attorney Gen‑

8           eral and Director of National Intelligence shall sub‑

9          mit each assessment to‑

10                           “(A) the Foreign Intelligence Surveillance

11                Court; and

12                                 “(B) consistent with the Rules of the

13                    House of Representatives, the Standing Rules

14                 of the Senate, and Senate Resolution 400 of the

15                   94th Congress or any successor Senate resolu‑

16                tion‑

17                                       “(i) the congressional intelligence

18                        committees; and

19                                 “(ii) the Committees on the Judiciary

20                            of the House of Representatives and the

21                        Senate.

22                           “(2) AGENCY ASSESSMENT.—The Inspector

23              General of the Department of Justice and the In‑

24            spector General of each element of the intelligence

25             community authorized to acquire communications

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1          records under subsection (a), with respect to the de‑

2         partment or element of such Inspector General‑

3                           “(A) are authorized to review compliance

4                  with the selection and civil liberties and privacy

5                    protection procedures adopted in accordance

6                   with subsections (d) and (e) and the guidelines

7                adopted in accordance with subsection (f);

8                        “(B shall provide each such review to‑

9                               “(i) the Attorney General;

10                                    “(ii) the Director of National Intel‑

11                        ligence; and

12                                 “(iii) consistent with the Rules of the

13                             House of Representatives, the Standing

14                        Rules of the Senate, and Senate Resolution

15                         400 of the 94th Congress or any successor

16                        Senate resolution‑

17                                      “(I) the congressional intelligence

18                               committees; and

19                                         “(II) the Committees on the Ju‑

20                                   diciary of the House of Representa‑

21                               tives and the Senate.

22         “(m) DEFINITIONS.—In this section:

23                       “(1) The terms ‘contents’, ‘wire communica‑

24        Lion’, and ‘electronic communication’ have the mean‑

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1                ing given such terms in section 2510 of title 18,

2          United States Code.

3                   “(2) The term ‘electronic communication serv‑

4               ice provider’ has the meaning given such term in

5          section 701.

6                     “(3) The terms ‘foreign power’ and ‘agent of a

7           foreign power’ have the meanings given such terms

8          in section 101.”.

9     (b) CLERICAL AMENDMENT.—The table of contents

10 in the first section of the Foreign Intelligence Surveillance

11 Act of 1978 (50 U.S.C. 1801 note) is amended by insert‑

12 ing after the item relating to section 502 the following

13 new item:

“See. 503. Procedures for targeted acquisitions of terrorist and foreign agent non-content communications records.”.

14    (c) CONFORMING AMENDMENT.—Section 802(a)(3)

15 of the Foreign Intelligence Surveillance Act of 1978 (50

16 U.S.C. 1885a) is amended by striking “or 702(h)” and

17 inserting “503(h), or 702(h)”.

18 SEC. 12. CONTINUOUS EVALUATION AND SHARING OF DE‑

19                        ROGATORY INFORMATION REGARDING PER‑

20                         SONNEL WITH ACCESS TO CLASSIFIED IN‑

21                     FORMATION.

22         Section 102A(j) of the National Security Act of 1947

23 (50 U.S.C. 3024 (j ) ) is amended‑

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1                                   (1) in the heading, by striking “SENSITIVE

2                  COMPARTMENTED INFORMATION” and inserting

3               “CLASSIFIED INFORMATION”;

4                                  (2) in paragraph (3), by striking “; and” and

5           inserting a semicolon;

6                            (3) in paragraph (4), by striking the period and

7           inserting a semicolon; and

8                                    (4) by adding at the end the following new

9           paragraphs:

10                                 “(5) ensure that the background of each em‑

11                       ployee or officer of an element of the intelligence

12                   community, each contractor to an element of the in‑

13                 telligence community, and each individual employee

14                    of such a contractor who has been determined to be

15                    eligible for access to classified information is mon‑

16                      itored on a continual basis under standards devel‑

17                      oped by the Director, including with respect to the

18                     frequency of evaluation, during the period of eligi‑

19                     bility of such employee or officer of an element of

20                  the intelligence community, such contractor, or such

21                      individual employee to such a contractor to deter‑

22                mine whether such employee or officer of an element

23                    of the intelligence community, such contractor, and

24                    such individual employee of such a contractor con‑

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1          tinues to meet the requirements for eligibility for ac‑

2          cess to classified information; and

3                “(6) develop procedures to require information

4          sharing between elements of the intelligence commu‑

5          nity concerning potentially derogatory security infor‑

6          mation regarding an employee or officer of an ele‑

7          ment of the intelligence community, a contractor to

8          an element of the intelligence community, or an indi‑

9          vidual employee of such a contractor that may im‑

10          pact the eligibility of such employee or officer of an

11          element of the intelligence community, such con‑

12          tractor, or such individual employee of such a con‑

13          tractor for a security clearance.”.

14 SEC. 13. REQUIREMENTS FOR INTELLIGENCE COMMUNITY

15                     CONTRACTORS.

16          (a) REQUIREMENTS.—Section 102A of the National

17 Security Act of 1947 (50 U.S.C. 3024) is amended by

18 adding at the end the following new subsection:

19             “(x) REQUIREMENTS FOR INTELLIGENCE COMMU‑

20 NITY CONTRACTORS.—The Director of National Intel‑

21 ligence, in consultation with the head of each department

22 of the Federal Government that contains an element of

23 the intelligence community and the Director of the Central

24 Intelligence Agency, shall‑

25                “(1) ensure that‑

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1                            “(A) any contractor to an element of the

2                  intelligence community with access to a classi‑

3                  fled network or classified information develops

4                    and operates a security plan that is consistent

5                      with standards established by the Director of

6               National Intelligence for intelligence community

7                networks; and

8                          “(B) each contract awarded by an element

9                    of the intelligence community includes provi‑

10                sions requiring the contractor comply with such

11                plan and such standards;

12                 “(2) conduct periodic assessments of each secu‑

13           rity plan required under paragraph (1) (A) to ensure

14         such security plan complies with the requirements of

15         such paragraph; and

16                  “(3) ensure that the insider threat detection ca‑

17                 pabilities and insider threat policies of the intel‑

18           ligence community apply to facilities of contractors

19         with access to a classified network.”.

20             (b) APPLICABILITY.—The amendment made by sub‑

21 section (a) shall apply with respect to contracts entered

22 into or renewed after the date of the enactment of this

23 Act.

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Categories: Govenance & Privacy

Executive Order 12333–United States Intelligence Activities

March 20th, 2014 No comments

Executive Order 12333–United States intelligence activities

Source: The provisions of Executive Order 12333 of Dec. 4, 1981, appear at 46 FR 59941, 3 CFR, 1981 Comp., p. 200, unless otherwise noted.

Table of Contents

Preamble

Part 1.Goals, Direction, Duties, and Responsibilities With Respect to the National Intelligence Effort
1.1 Goals
1.2 The National Security Council
1.3 National Foreign Intelligence Advisory Groups
1.4 The Intelligence Community
1.5 Director of Central Intelligence
1.6 Duties and Responsibilities of the Heads of Executive Branch Departments and Agencies
1.7 Senior Officials of the Intelligence Community
1.8 The Central Intelligence Agency
1.9 The Department of State
1.10 The Department of the Treasury
1.11 The Department of Defense
1.12 Intelligence Components Utilized by the Secretary of Defense
1.13 The Department of Energy
1.14 The Federal Bureau of Investigation
Part 2.Conduct of Intelligence Activities
2.1 Need
2.2 Purpose
2.3 Collection of Information
2.4 Collection Techniques
2.5 Attorney General Approval
2.6 Assistance to Law Enforcement Authorities
2.7 Contracting
2.8 Consistency With Other Laws
2.9 Undisclosed Participation in Organizations Within the United States
2.10 Human Experimentation
2.11 Prohibition on Assassination
2.12 Indirect Participation
Part 3.General Provisions
3.1 Congressional Oversight
3.2 Implementation
3.3 Procedures
3.4 Definitions
3.5 Purpose and Effect
3.6 Revocation

Timely and accurate information about the activities, capabilities, plans, and intentions of foreign powers, organizations, and persons and their agents, is essential to the national security of the United States. All reasonable and lawful means must be used to ensure that the United States will receive the best intelligence available. For that purpose, by virtue of the authority vested in me by the Constitution and statutes of the United States of America, including the National Security Act of 1947, as amended, and as President of the United States of America, in order to provide for the effective conduct of United States intelligence activities and the protection of constitutional rights, it is hereby ordered as follows:

Part 1

Goals, Direction, Duties and Responsibilities With Respect to the National Intelligence Effort

1.1Goals. The United States intelligence effort shall provide the President and the National Security Council with the necessary information on which to base decisions concerning the conduct and development of foreign, defense and economic policy, and the protection of United States national interests from foreign security threats. All departments and agencies shall cooperate fully to fulfill this goal.
(a) Maximum emphasis should be given to fostering analytical competition among appropriate elements of the Intelligence Community.
(b) All means, consistent with applicable United States law and this Order, and with full consideration of the rights of United States persons, shall be used to develop intelligence information for the President and the National Security Council. A balanced approach between technical collection efforts and other means should be maintained and encouraged.
(c) Special emphasis should be given to detecting and countering espionage and other threats and activities directed by foreign intelligence services against the United States Government, or United States corporations, establishments, or persons.
(d) To the greatest extent possible consistent with applicable United States law and this Order, and with full consideration of the rights of United States persons, all agencies and departments should seek to ensure full and free exchange of information in order to derive maximum benefit from the United States intelligence effort.

1.2The National Security Council.
(a) Purpose. The National Security Council (NSC) was established by the National Security Act of 1947 to advise the President with respect to the integration of domestic, foreign and military policies relating to the national security. The NSC shall act as the highest Executive Branch entity that provides review of, guidance for and direction to the conduct of all national foreign intelligence, counterintelligence, and special activities, and attendant policies and programs.
(b) Committees. The NSC shall establish such committees as may be necessary to carry out its functions and responsibilities under this Order. The NSC, or a committee established by it, shall consider and submit to the President a policy recommendation, including all dissents, on each special activity and shall review proposals for other sensitive intelligence operations.

1.3National Foreign Intelligence Advisory Groups.
(a) Establishment and Duties. The Director of Central Intelligence shall establish such boards, councils, or groups as required for the purpose of obtaining advice from within the Intelligence Community concerning:
(1) Production, review and coordination of national foreign intelligence;
(2) Priorities for the National Foreign Intelligence Program budget;
(3) Interagency exchanges of foreign intelligence information;
(4) Arrangements with foreign governments on intelligence matters;
(5) Protection of intelligence sources and methods;
(6) Activities of common concern; and
(7) Such other matters as may be referred by the Director of Central Intelligence.
(b) Membership. Advisory groups established pursuant to this section shall be chaired by the Director of Central Intelligence or his designated representative and shall consist of senior representatives from organizations within the Intelligence Community and from departments or agencies containing such organizations, as designated by the Director of Central Intelligence. Groups for consideration of substantive intelligence matters will include representatives of organizations involved in the collection, processing and analysis of intelligence. A senior representative of the Secretary of Commerce, the Attorney General, the Assistant to the President for National Security Affairs, and the Office of the Secretary of Defense shall be invited to participate in any group which deals with other than substantive intelligence matters.

1.4The Intelligence Community. The agencies within the Intelligence Community shall, in accordance with applicable United States law and with the other provisions of this Order, conduct intelligence activities necessary for the conduct of foreign relations and the protection of the national security of the United States, including:
(a) Collection of information needed by the President, the National Security Council, the Secretaries of State and Defense, and other Executive Branch officials for the performance of their duties and responsibilities;
(b) Production and dissemination of intelligence;
(c) Collection of information concerning, and the conduct of activities to protect against, intelligence activities directed against the United States, international terrorist and international narcotics activities, and other hostile activities directed against the United States by foreign powers, organizations, persons, and their agents;
(d) Special activities;
(e) Administrative and support activities within the United States and abroad necessary for the performance of authorized activities; and
(f) Such other intelligence activities as the President may direct from time to time.

1.5Director of Central Intelligence. In order to discharge the duties and responsibilities prescribed by law, the Director of Central Intelligence shall be responsible directly to the President and the NSC and shall:
(a) Act as the primary adviser to the President and the NSC on national foreign intelligence and provide the President and other officials in the Executive Branch with national foreign intelligence;
(b) Develop such objectives and guidance for the Intelligence Community as will enhance capabilities for responding to expected future needs for national foreign intelligence;
(c) Promote the development and maintenance of services of common concern by designated intelligence organizations on behalf of the Intelligence Community;
(d) Ensure implementation of special activities;
(e) Formulate policies concerning foreign intelligence and counterintelligence arrangements with foreign governments, coordinate foreign intelligence and counterintelligence relationships between agencies of the Intelligence Community and the intelligence or internal security services of foreign governments, and establish procedures governing the conduct of liaison by any department or agency with such services on narcotics activities;
(f) Participate in the development of procedures approved by the Attorney General governing criminal narcotics intelligence activities abroad to ensure that these activities are consistent with foreign intelligence programs;
(g) Ensure the establishment by the Intelligence Community of common security and access standards for managing and handling foreign intelligence systems, information, and products;
(h) Ensure that programs are developed which protect intelligence sources, methods, and analytical procedures;
(i) Establish uniform criteria for the determination of relative priorities for the transmission of critical national foreign intelligence, and advise the Secretary of Defense concerning the communications requirements of the Intelligence Community for the transmission of such intelligence;
(j) Establish appropriate staffs, committees, or other advisory groups to assist in the execution of the Director’s responsibilities;
(k) Have full responsibility for production and dissemination of national foreign intelligence, and authority to levy analytic tasks on departmental intelligence production organizations, in consultation with those organizations, ensuring that appropriate mechanisms for competitive analysis are developed so that diverse points of view are considered fully and differences of judgment within the Intelligence Community are brought to the attention of national policymakers;
(l) Ensure the timely exploitation and dissemination of data gathered by national foreign intelligence collection means, and ensure that the resulting intelligence is disseminated immediately to appropriate government entities and military commands;
(m) Establish mechanisms which translate national foreign intelligence objectives and priorities approved by the NSC into specific guidance for the Intelligence Community, resolve conflicts in tasking priority, provide to departments and agencies having information collection capabilities that are not part of the National Foreign Intelligence Program advisory tasking concerning collection of national foreign intelligence, and provide for the development of plans and arrangements for transfer of required collection tasking authority to the Secretary of Defense when directed by the President;
(n) Develop, with the advice of the program managers and departments and agencies concerned, the consolidated National Foreign Intelligence Program budget, and present it to the President and the Congress;
(o) Review and approve all requests for reprogramming National Foreign Intelligence Program funds, in accordance with guidelines established by the Office of Management and Budget;
(p) Monitor National Foreign Intelligence Program implementation, and, as necessary, conduct program and performance audits and evaluations;
(q) Together with the Secretary of Defense, ensure that there is no unnecessary overlap between national foreign intelligence programs and Department of Defense intelligence programs consistent with the requirement to develop competitive analysis, and provide to and obtain from the Secretary of Defense all information necessary for this purpose;
(r) In accordance with law and relevant procedures approved by the Attorney General under this Order, give the heads of the departments and agencies access to all intelligence, developed by the CIA or the staff elements of the Director of Central Intelligence, relevant to the national intelligence needs of the departments and agencies; and
(s) Facilitate the use of national foreign intelligence products by Congress in a secure manner.

1.6Duties and Responsibilities of the Heads of Executive Branch Departments and Agencies.
(a) The heads of all Executive Branch departments and agencies shall, in accordance with law and relevant procedures approved by the Attorney General under this Order, give the Director of Central Intelligence access to all information relevant to the national intelligence needs of the United States, and shall give due consideration to the requests from the Director of Central Intelligence for appropriate support for Intelligence Community activities.
(b) The heads of departments and agencies involved in the National Foreign Intelligence Program shall ensure timely development and submission to the Director of Central Intelligence by the program managers and heads of component activities of proposed national programs and budgets in the format designated by the Director of Central Intelligence, and shall also ensure that the Director of Central Intelligence is provided, in a timely and responsive manner, all information necessary to perform the Director’s program and budget responsibilities.
(c) The heads of departments and agencies involved in the National Foreign Intelligence Program may appeal to the President decisions by the Director of Central Intelligence on budget or reprogramming matters of the National Foreign Intelligence Program.

1.7Senior Officials of the Intelligence Community. The heads of departments and agencies with organizations in the Intelligence Community or the heads of such organizations, as appropriate, shall:
(a) Report to the Attorney General possible violations of federal criminal laws by employees and of specified federal criminal laws by any other person as provided in procedures agreed upon by the Attorney General and the head of the department or agency concerned, in a manner consistent with the protection of intelligence sources and methods, as specified in those procedures;
(b) In any case involving serious or continuing breaches of security, recommend to the Attorney General that the case be referred to the FBI for further investigation;
(c) Furnish the Director of Central Intelligence and the NSC, in accordance with applicable law and procedures approved by the Attorney General under this Order, the information required for the performance of their respective duties;
(d) Report to the Intelligence Oversight Board, and keep the Director of Central Intelligence appropriately informed, concerning any intelligence activities of their organizations that they have reason to believe may be unlawful or contrary to Executive order or Presidential directive;
(e) Protect intelligence and intelligence sources and methods from unauthorized disclosure consistent with guidance from the Director of Central Intelligence;
(f) Disseminate intelligence to cooperating foreign governments under arrangements established or agreed to by the Director of Central Intelligence;
(g) Participate in the development of procedures approved by the Attorney General governing production and dissemination of intelligence resulting from criminal narcotics intelligence activities abroad if their departments, agencies, or organizations have intelligence responsibilities for foreign or domestic narcotics production and trafficking;
(h) Instruct their employees to cooperate fully with the Intelligence Oversight Board; and
(i) Ensure that the Inspectors General and General Counsels for their organizations have access to any information necessary to perform their duties assigned by this Order.

1.8The Central Intelligence Agency. All duties and responsibilities of the CIA shall be related to the intelligence functions set out below. As authorized by this Order; the National Security Act of 1947, as amended; the CIA Act of 1949, as amended; appropriate directives or other applicable law, the CIA shall:
(a) Collect, produce and disseminate foreign intelligence and counterintelligence, including information not otherwise obtainable. The collection of foreign intelligence or counterintelligence within the United States shall be coordinated with the FBI as required by procedures agreed upon by the Director of Central Intelligence and the Attorney General;
(b) Collect, produce and disseminate intelligence on foreign aspects of narcotics production and trafficking;
(c) Conduct counterintelligence activities outside the United States and, without assuming or performing any internal security functions, conduct counterintelligence activities within the United States in coordination with the FBI as required by procedures agreed upon by the Director of Central Intelligence and the Attorney General;
(d) Coordinate counterintelligence activities and the collection of information not otherwise obtainable when conducted outside the United States by other departments and agencies;
(e) Conduct special activities approved by the President. No agency except the CIA (or the Armed Forces of the United States in time of war declared by Congress or during any period covered by a report from the President to the Congress under the War Powers Resolution (87 Stat. 855)1) may conduct any special activity unless the President determines that another agency is more likely to achieve a particular objective;
(f) Conduct services of common concern for the Intelligence Community as directed by the NSC;
(g) Carry out or contract for research, development and procurement of technical systems and devices relating to authorized functions;
(h) Protect the security of its installations, activities, information, property, and employees by appropriate means, including such investigations of applicants, employees, contractors, and other persons with similar associations with the CIA as are necessary; and
(i) Conduct such administrative and technical support activities within and outside the United States as are necessary to perform the functions described in sections (a) through (h) above, including procurement and essential cover and proprietary arrangements.

1.9The Department of State. The Secretary of State shall:
(a) Overtly collect information relevant to United States foreign policy concerns;
(b) Produce and disseminate foreign intelligence relating to United States foreign policy as required for the execution of the Secretary’s responsibilities;
(c) Disseminate, as appropriate, reports received from United States diplomatic and consular posts;
(d) Transmit reporting requirements of the Intelligence Community to the Chiefs of United States Missions abroad; and
(e) Support Chiefs of Missions in discharging their statutory responsibilities for direction and coordination of mission activities.

1.10The Department of the Treasury. The Secretary of the Treasury shall:
(a) Overtly collect foreign financial and monetary information;
(b) Participate with the Department of State in the overt collection of general foreign economic information;
(c) Produce and disseminate foreign intelligence relating to United States economic policy as required for the execution of the Secretary’s responsibilities; and
(d) Conduct, through the United States Secret Service, activities to determine the existence and capability of surveillance equipment being used against the President of the United States, the Executive Office of the President, and, as authorized by the Secretary of the Treasury or the President, other Secret Service protectees and United States officials. No information shall be acquired intentionally through such activities except to protect against such surveillance, and those activities shall be conducted pursuant to procedures agreed upon by the Secretary of the Treasury and the Attorney General.

1.11The Department of Defense. The Secretary of Defense shall:
(a) Collect national foreign intelligence and be responsive to collection tasking by the Director of Central Intelligence;
(b) Collect, produce and disseminate military and military-related foreign intelligence and counterintelligence as required for execution of the Secretary’s responsibilities;
(c) Conduct programs and missions necessary to fulfill national, departmental and tactical foreign intelligence requirements;
(d) Conduct counterintelligence activities in support of Department of Defense components outside the United States in coordination with the CIA, and within the United States in coordination with the FBI pursuant to procedures agreed upon by the Secretary of Defense and the Attorney General;
(e) Conduct, as the executive agent of the United States Government, signals intelligence and communications security activities, except as otherwise directed by the NSC;
(f) Provide for the timely transmission of critical intelligence, as defined by the Director of Central Intelligence, within the United States Government;
(g) Carry out or contract for research, development and procurement of technical systems and devices relating to authorized intelligence functions;
(h) Protect the security of Department of Defense installations, activities, property, information, and employees by appropriate means, including such investigations of applicants, employees, contractors, and other persons with similar associations with the Department of Defense as are necessary;
(i) Establish and maintain military intelligence relationships and military intelligence exchange programs with selected cooperative foreign defense establishments and international organizations, and ensure that such relationships and programs are in accordance with policies formulated by the Director of Central Intelligence;
(j) Direct, operate, control and provide fiscal management for the National Security Agency and for defense and military intelligence and national reconnaissance entities; and
(k) Conduct such administrative and technical support activities within and outside the United States as are necessary to perform the functions described in sections (a) through (j) above.

1.12Intelligence Components Utilized by the Secretary of Defense. In carrying out the responsibilities assigned in section 1.11, the Secretary of Defense is authorized to utilize the following:
(a) Defense Intelligence Agency, whose responsibilities shall include;
(1) Collection, production, or, through tasking and coordination, provision of military and military-related intelligence for the Secretary of Defense, the Joint Chiefs of Staff, other Defense components, and, as appropriate, non-Defense agencies;
(2) Collection and provision of military intelligence for national foreign intelligence and counterintelligence products;
(3) Coordination of all Department of Defense intelligence collection requirements;
(4) Management of the Defense Attache system; and
(5) Provision of foreign intelligence and counterintelligence staff support as directed by the Joint Chiefs of Staff.
(b) National Security Agency, whose responsibilities shall include:
(1) Establishment and operation of an effective unified organization for signals intelligence activities, except for the delegation of operational control over certain operations that are conducted through other elements of the Intelligence Community. No other department or agency may engage in signals intelligence activities except pursuant to a delegation by the Secretary of Defense;
(2) Control of signals intelligence collection and processing activities, including assignment of resources to an appropriate agent for such periods and tasks as required for the direct support of military commanders;
(3) Collection of signals intelligence information for national foreign intelligence purposes in accordance with guidance from the Director of Central Intelligence;
(4) Processing of signals intelligence data for national foreign intelligence purposes in accordance with guidance from the Director of Central Intelligence;
(5) Dissemination of signals intelligence information for national foreign intelligence purposes to authorized elements of the Government, including the military services, in accordance with guidance from the Director of Central Intelligence;
(6) Collection, processing and dissemination of signals intelligence information for counterintelligence purposes;
(7) Provision of signals intelligence support for the conduct of military operations in accordance with tasking, priorities, and standards of timeliness assigned by the Secretary of Defense. If provision of such support requires use of national collection systems, these systems will be tasked within existing guidance from the Director of Central Intelligence;
(8) Executing the responsibilities of the Secretary of Defense as executive agent for the communications security of the United States Government;
(9) Conduct of research and development to meet the needs of the United States for signals intelligence and communications security;
(10) Protection of the security of its installations, activities, property, information, and employees by appropriate means, including such investigations of applicants, employees, contractors, and other persons with similar associations with the NSA as are necessary;
(11) Prescribing, within its field of authorized operations, security regulations covering operating practices, including the transmission, handling and distribution of signals intelligence and communications security material within and among the elements under control of the Director of the NSA, and exercising the necessary supervisory control to ensure compliance with the regulations;
(12) Conduct of foreign cryptologic liaison relationships, with liaison for intelligence purposes conducted in accordance with policies formulated by the Director of Central Intelligence; and
(13) Conduct of such administrative and technical support activities within and outside the United States as are necessary to perform the functions described in sections (1) through (12) above, including procurement.
(c) Offices for the collection of specialized intelligence through reconnaissance programs, whose responsibilities shall include:
(1) Carrying out consolidated reconnaissance programs for specialized intelligence;
(2) Responding to tasking in accordance with procedures established by the Director of Central Intelligence; and
(3) Delegating authority to the various departments and agencies for research, development, procurement, and operation of designated means of collection.
 (d) The foreign intelligence and counterintelligence elements of the Army, Navy, Air Force, and Marine Corps, whose responsibilities shall include:
(1) Collection, production and dissemination of military and military-related foreign intelligence and counterintelligence, and information on the foreign aspects of narcotics production and trafficking. When collection is conducted in response to national foreign intelligence requirements, it will be conducted in accordance with guidance from the Director of Central Intelligence. Collection of national foreign intelligence, not otherwise obtainable, outside the United States shall be coordinated with the CIA, and such collection within the United States shall be coordinated with the FBI;
(2) Conduct of counterintelligence activities outside the United States in coordination with the CIA, and within the United States in coordination with the FBI; and
(3) Monitoring of the development, procurement and management of tactical intelligence systems and equipment and conducting related research, development, and test and evaluation activities.
(e) Other offices within the Department of Defense appropriate for conduct of the intelligence missions and responsibilities assigned to the Secretary of Defense. If such other offices are used for intelligence purposes, the provisions of Part 2 of this Order shall apply to those offices when used for those purposes.

1.13The Department of Energy. The Secretary of Energy shall:
(a) Participate with the Department of State in overtly collecting information with respect to foreign energy matters;
(b) Produce and disseminate foreign intelligence necessary for the Secretary’s responsibilities;
(c) Participate in formulating intelligence collection and analysis requirements where the special expert capability of the Department can contribute; and
(d) Provide expert technical, analytical and research capability to other agencies within the Intelligence Community.

1.14The Federal Bureau of Investigation. Under the supervision of the Attorney General and pursuant to such regulations as the Attorney General may establish, the Director of the FBI shall:
(a) Within the United States conduct counterintelligence and coordinate counterintelligence activities of other agencies within the Intelligence Community. When a counterintelligence activity of the FBI involves military or civilian personnel of the Department of Defense, the FBI shall coordinate with the Department of Defense;
(b) Conduct counterintelligence activities outside the United States in coordination with the CIA as required by procedures agreed upon by the Director of Central Intelligence and the Attorney General;
(c) Conduct within the United States, when requested by officials of the Intelligence Community designated by the President, activities undertaken to collect foreign intelligence or support foreign intelligence collection requirements of other agencies within the Intelligence Community, or, when requested by the Director of the National Security Agency, to support the communications security activities of the United States Government;
(d) Produce and disseminate foreign intelligence and counterintelligence; and
(e) Carry out or contract for research, development and procurement of technical systems and devices relating to the functions authorized above.

Part 2

Conduct of Intelligence Activities

2.1Need. Accurate and timely information about the capabilities, intentions and activities of foreign powers, organizations, or persons and their agents is essential to informed decisionmaking in the areas of national defense and foreign relations. Collection of such information is a priority objective and will be pursued in a vigorous, innovative and responsible manner that is consistent with the Constitution and applicable law and respectful of the principles upon which the United States was founded.

2.2Purpose. This Order is intended to enhance human and technical collection techniques, especially those undertaken abroad, and the acquisition of significant foreign intelligence, as well as the detection and countering of international terrorist activities and espionage conducted by foreign powers. Set forth below are certain general principles that, in addition to and consistent with applicable laws, are intended to achieve the proper balance between the acquisition of essential information and protection of individual interests. Nothing in this Order shall be construed to apply to or interfere with any authorized civil or criminal law enforcement responsibility of any department or agency.

2.3Collection of Information. Agencies within the Intelligence Community are authorized to collect, retain or disseminate information concerning United States persons only in accordance with procedures established by the head of the agency concerned and approved by the Attorney General, consistent with the authorities provided by Part 1 of this Order. Those procedures shall permit collection, retention and dissemination of the following types of information:
(a) Information that is publicly available or collected with the consent of the person concerned;
(b) Information constituting foreign intelligence or counterintelligence, including such information concerning corporations or other commercial organizations. Collection within the United States of foreign intelligence not otherwise obtainable shall be undertaken by the FBI or, when significant foreign intelligence is sought, by other authorized agencies of the Intelligence Community, provided that no foreign intelligence collection by such agencies may be undertaken for the purpose of acquiring information concerning the domestic activities of United States persons;
(c) Information obtained in the course of a lawful foreign intelligence, counterintelligence, international narcotics or international terrorism investigation;
(d) Information needed to protect the safety of any persons or organizations, including those who are targets, victims or hostages of international terrorist organizations;
(e) Information needed to protect foreign intelligence or counterintelligence sources or methods from unauthorized disclosure. Collection within the United States shall be undertaken by the FBI except that other agencies of the Intelligence Community may also collect such information concerning present or former employees, present or former intelligence agency contractors or their present or former employees, or applicants for any such employment or contracting;
(f) Information concerning persons who are reasonably believed to be potential sources or contacts for the purpose of determining their suitability or credibility;
(g) Information arising out of a lawful personnel, physical or communications security investigation;
(h) Information acquired by overhead reconnaissance not directed at specific United States persons;
(i) Incidentally obtained information that may indicate involvement in activities that may violate federal, state, local or foreign laws; and
(j) Information necessary for administrative purposes.
In addition, agencies within the Intelligence Community may disseminate information, other than information derived from signals intelligence, to each appropriate agency within the Intelligence Community for purposes of allowing the recipient agency to determine whether the information is relevant to its responsibilities and can be retained by it.

2.4Collection Techniques. Agencies within the Intelligence Community shall use the least intrusive collection techniques feasible within the United States or directed against United States persons abroad. Agencies are not authorized to use such techniques as electronic surveillance, unconsented physical search, mail surveillance, physical surveillance, or monitoring devices unless they are in accordance with procedures established by the head of the agency concerned and approved by the Attorney General. Such procedures shall protect constitutional and other legal rights and limit use of such information to lawful governmental purposes. These procedures shall not authorize:
(a) The CIA to engage in electronic surveillance within the United States except for the purpose of training, testing, or conducting countermeasures to hostile electronic surveillance;
(b) Unconsented physical searches in the United States by agencies other than the FBI, except for:
(1) Searches by counterintelligence elements of the military services directed against military personnel within the United States or abroad for intelligence purposes, when authorized by a military commander empowered to approve physical searches for law enforcement purposes, based upon a finding of probable cause to believe that such persons are acting as agents of foreign powers; and
(2) Searches by CIA of personal property of non-United States persons lawfully in its possession.
(c) Physical surveillance of a United States person in the United States by agencies other than the FBI, except for:
(1) Physical surveillance of present or former employees, present or former intelligence agency contractors or their present of former employees, or applicants for any such employment or contracting; and
(2) Physical surveillance of a military person employed by a nonintelligence element of a military service.
(d) Physical surveillance of a United States person abroad to collect foreign intelligence, except to obtain significant information that cannot reasonably be acquired by other means.

2.5Attorney General Approval. The Attorney General hereby is delegated the power to approve the use for intelligence purposes, within the United States or against a United States person abroad, of any technique for which a warrant would be required if undertaken for law enforcement purposes, provided that such techniques shall not be undertaken unless the Attorney General has determined in each case that there is probable cause to believe that the technique is directed against a foreign power or an agent of a foreign power. Electronic surveillance, as defined in the Foreign Intelligence Surveillance Act of 1978, shall be conducted in accordance with that Act, as well as this Order.

2.6Assistance to Law Enforcement Authorities. Agencies within the Intelligence Community are authorized to:
(a) Cooperate with appropriate law enforcement agencies for the purpose of protecting the employees, information, property and facilities of any agency within the Intelligence Community;
(b) Unless otherwise precluded by law or this Order, participate in law enforcement activities to investigate or prevent clandestine intelligence activities by foreign powers, or international terrorist or narcotics activities;
(c) Provide specialized equipment, technical knowledge, or assistance of expert personnel for use by any department or agency, or, when lives are endangered, to support local law enforcement agencies. Provision of assistance by expert personnel shall be approved in each case by the General Counsel of the providing agency; and
(d) Render any other assistance and cooperation to law enforcement authorities not precluded by applicable law.

2.7Contracting. Agencies within the Intelligence Community are authorized to enter into contracts or arrangements for the provision of goods or services with private companies or institutions in the United States and need not reveal the sponsorship of such contracts or arrangements for authorized intelligence purposes. Contracts or arrangements with academic institutions may be undertaken only with the consent of appropriate officials of the institution.

2.8Consistency With Other Laws. Nothing in this Order shall be construed to authorize any activity in violation of the Constitution or statutes of the United States.

2.9Undisclosed Participation in Organizations Within the United States. No one acting on behalf of agencies within the Intelligence Community may join or otherwise participate in any organization in the United States on behalf of any agency within the Intelligence Community without disclosing his intelligence affiliation to appropriate officials of the organization, except in accordance with procedures established by the head of the agency concerned and approved by the Attorney General. Such participation shall be authorized only if it is essential to achieving lawful purposes as determined by the agency head or designee. No such participation may be undertaken for the purpose of influencing the activity of the organization or its members except in cases where:
(a) The participation is undertaken on behalf of the FBI in the course of a lawful investigation; or
(b) The organization concerned is composed primarily of individuals who are not United States persons and is reasonably believed to be acting on behalf of a foreign power.

2.10Human Experimentation. No agency within the Intelligence Community shall sponsor, contract for or conduct research on human subjects except in accordance with guidelines issued by the Department of Health and Human Services. The subject’s informed consent shall be documented as required by those guidelines.

2.11Prohibition on Assassination. No person employed by or acting on behalf of the United States Government shall engage in, or conspire to engage in, assassination.

2.12Indirect Participation. No agency of the Intelligence Community shall participate in or request any person to undertake activities forbidden by this Order.

Part 3

General Provisions

3.1Congressional Oversight. The duties and responsibilities of the Director of Central Intelligence and the heads of other departments, agencies, and entities engaged in intelligence activities to cooperate with the Congress in the conduct of its responsibilities for oversight of intelligence activities shall be as provided in title 50, United States Code, section 413. The requirements of section 662 of the Foreign Assistance Act of 1961, as amended (22 U.S.C. 2422), and section 501 of the National Security Act of 1947, as amended (50 U.S.C. 413), shall apply to all special activities as defined in this Order.

3.2Implementation. The NSC, the Secretary of Defense, the Attorney General, and the Director of Central Intelligence shall issue such appropriate directives and procedures as are necessary to implement this Order. Heads of agencies within the Intelligence Community shall issue appropriate supplementary directives and procedures consistent with this Order. The Attorney General shall provide a statement of reasons for not approving any procedures established by the head of an agency in the Intelligence Community other than the FBI. The National Security Council may establish procedures in instances where the agency head and the Attorney General are unable to reach agreement on other than constitutional or other legal grounds.

3.3Procedures. Until the procedures required by this Order have been established, the activities herein authorized which require procedures shall be conducted in accordance with existing procedures or requirements established under Executive Order No. 12036. Procedures required by this Order shall be established as expeditiously as possible. All procedures promulgated pursuant to this Order shall be made available to the congressional intelligence committees.

3.4Definitions. For the purposes of this Order, the following terms shall have these meanings:
(a) Counterintelligence means information gathered and activities conducted to protect against espionage, other intelligence activities, sabotage, or assassinations conducted for or on behalf of foreign powers, organizations or persons, or international terrorist activities, but not including personnel, physical, document or communications security programs.
(b) Electronic surveillance means acquisition of a nonpublic communication by electronic means without the consent of a person who is a party to an electronic communication or, in the case of a nonelectronic communication, without the consent of a person who is visibly present at the place of communication, but not including the use of radio direction-finding equipment solely to determine the location of a transmitter.
(c) Employee means a person employed by, assigned to or acting for an agency within the Intelligence Community.
(d) Foreign intelligence means information relating to the capabilities, intentions and activities of foreign powers, organizations or persons, but not including counterintelligence except for information on international terrorist activities.
(e) Intelligence activities means all activities that agencies within the Intelligence Community are authorized to conduct pursuant to this Order.
(f) Intelligence Community and agencies within the Intelligence Community refer to the following agencies or organizations:
(1) The Central Intelligence Agency (CIA);
(2) The National Security Agency (NSA);
(3) The Defense Intelligence Agency (DIA);
(4) The offices within the Department of Defense for the collection of specialized national foreign intelligence through reconnaissance programs;
(5) The Bureau of Intelligence and Research of the Department of State;
(6) The intelligence elements of the Army, Navy, Air Force, and Marine Corps, the Federal Bureau of Investigation (FBI), the Department of the Treasury, and the Department of Energy; and
(7) The staff elements of the Director of Central Intelligence.
(g) The National Foreign Intelligence Program includes the programs listed below, but its composition shall be subject to review by the National Security Council and modification by the President:
(1) The programs of the CIA;
(2) The Consolidated Cryptologic Program, the General Defense Intelligence Program, and the programs of the offices within the Department of Defense for the collection of specialized national foreign intelligence through reconnaissance, except such elements as the Director of Central Intelligence and the Secretary of Defense agree should be excluded;
(3) Other programs of agencies within the Intelligence Community designated jointly by the Director of Central Intelligence and the head of the department or by the President as national foreign intelligence or counterintelligence activities;
(4) Activities of the staff elements of the Director of Central Intelligence;
(5) Activities to acquire the intelligence required for the planning and conduct of tactical operations by the United States military forces are not included in the National Foreign Intelligence Program.
(h) Special activities means activities conducted in support of national foreign policy objectives abroad which are planned and executed so that the role of the United States Government is not apparent or acknowledged publicly, and functions in support of such activities, but which are not intended to influence United States political processes, public opinion, policies, or media and do not include diplomatic activities or the collection and production of intelligence or related support functions.
(i) United States person means a United States citizen, an alien known by the intelligence agency concerned to be a permanent resident alien, an unincorporated association substantially composed of United States citizens or permanent resident aliens, or a corporation incorporated in the United States, except for a corporation directed and controlled by a foreign government or governments.

3.5Purpose and Effect. This Order is intended to control and provide direction and guidance to the Intelligence Community. Nothing contained herein or in any procedures promulgated hereunder is intended to confer any substantive or procedural right or privilege on any person or organization.

3.6Revocation. Executive Order No. 12036 of January 24, 1978, as amended, entitled “United States Intelligence Activities,” is revoked.

Source: The U.S. National Archives and Records Administration
Categories: Govenance & Privacy

Church Committee Report

March 12th, 2014 No comments

INTELLIGENCE ACTIVITIES AND THE RIGHTS OF AMERICANS

 FINAL REPORT OF THE SELECT COMMITTEE TO STUDY GOVERNMENTAL OPERATIONS WITH RESPECT TO INTELLIGENCE ACTIVITIES

 (CHURCH COMMITTEE REPORT)

 UNITED STATES SENATE TOGETHER WITH ADDITIONAL, SUPPLEMENTAL, AND SEPARATE VIEWS

 April 26 (legislative day, April 14), 1976

 I. INTRODUCTION AND SUMMARY

 The resolution creating this Committee placed greatest emphasis on whether intelligence activities threaten the “rights of American citizens.” 1

 The critical question before the Committee was to determine how the fundamental liberties of the people can be maintained in the course of the Government’s effort to protect their security. The delicate balance between these basic goals of our system of government is often difficult to strike, but it can, and must, be achieved. We reject the view that the traditional American principles of justice and fair play have no place in our struggle against the enemies of freedom. Moreover, our investigation has established that the targets of intelligence activity have ranged far beyond persons who could properly be characterized as enemies of freedom and have extended to a wide array of citizens engaging in lawful activity.

 Americans have rightfully been concerned since before World War II about the dangers of hostile foreign agents likely to commit acts of espionage. Similarly, the violent acts of political terrorists can seriously endanger the rights of Americans. Carefully focused intelligence investigations can help prevent such acts. But too often intelligence has lost this focus and domestic intelligence activities have invaded individual privacy and violated the rights of lawful assembly and political expression. Unless new and tighter controls are established by legislation, domestic intelligence activities threaten to undermine our democratic society and fundamentally alter its nature.

 We have examined three types of “intelligence” activities affecting the rights of American citizens. The first is intelligence collection — such as infiltrating groups with informants, wiretapping, or opening letters. The second is dissemination of material which has been collected. The third is covert action designed to disrupt and discredit the activities of groups and individuals deemed a threat to the social order. These three types of “intelligence” activity are closely related in the practical world. Information which is disseminated by the intelligence community 2 or used in disruptive programs has usually been obtained through surveillance. Nevertheless, a division between collection, dissemination and covert action is analytically useful both in understanding why excesses have occurred in the past and in devising remedies to prevent those excesses from recurring.

 A. Intelligence Activity: A New Form of Governmental Power to Impair Citizens’ Rights

 A tension between order and liberty is inevitable in any society. A Government must protect its citizens from those bent on engaging in violence and criminal behavior, or in espionage and other hostile foreign intelligence activity. Many of the intelligence programs reviewed in this report were established for those purposes. Intelligence work has, at times, successfully prevented dangerous and abhorrent acts, such as bombings and foreign spying, and aided in the prosecution of those responsible for such acts.

 But, intelligence activity in the past decades has, all too often, exceeded the restraints on the exercise of governmental power which are imposed by our country’s Constitution, laws, and traditions.

 Excesses in the name of protecting security are not a recent development in our nation’s history. In 1798, for example, shortly after the Bill of Rights was added to the Constitution, the Allen and Sedition Acts were passed. These Acts, passed in response to fear of proFrench “subversion”, made it a crime to criticize the Government. 3 During the Civil War, President Abraham Lincoln suspended the writ of habeas corpus. Hundreds of American citizens were prosecuted for anti-war statements during World War I, and thousands of “radical” aliens were seized for deportation during the 1920 Palmer Raids. During the Second World War, over the opposition of J. Edgar Hoover and military intelligence, 4 120,000 Japanese-Americans were apprehended and incarcerated in detention camps.

Those actions, however, were fundamentally different from the intelligence activities examined by this Committee. They were generally executed overtly under the authority of a statute or a public executive order. The victims knew what was being done to them and could challenge the Government in the courts and other forums. Intelligence activity, on the other hand, is generally covert. It is concealed from its victims 5 and is seldom described in statutes or explicit executive orders. The victim may never suspect that his misfortunes are the intended result of activities undertaken by his government, and accordingly may have no opportunity to challenge the actions taken against him.

 It is, of course, proper in many circumstances — such as developing a criminal prosecution — for the Government to gather information about a citizen and use it to achieve legitimate ends, some of which might be detrimental to the citizen. But in criminal prosecutions, the courts have struck a balance between protecting the rights of the accused citizen and protecting the society which suffers the consequences of crime. Essential to the balancing process are the rules of criminal law which circumscribe the techniques for gathering evidence 6 the kinds of evidence that may be collected, and the uses to which that evidence may be put. In addition, the criminal defendant is given an opportunity to discover and then challenge the legality of how the Government collected information about him and the use which the Government intends to make of that information.

This Committee has examined a realm of governmental information collection which has not been governed by restraints comparable to those in criminal proceedings. We have examined the collection of intelligence about the political advocacy and actions and the private lives of American citizens. That information has been used covertly to discredit the ideas advocated and to “neutralize” the actions of their proponents. As Attorney General Harlan Fiske Stone warned in 1924, when he sought to keep federal agencies from investigating “political or other opinions” as opposed to “conduct . . . forbidden by the laws”:

 When a police system passes beyond these limits, it is dangerous to the proper administration of justice and to human liberty, which it should be our first concern to cherish.

 . . . There is always a possibility that a secret police may become a menace to free government and free institutions because it carries with it the possibility of abuses of power which are not always quickly apprehended or understood.

Our investigation has confirmed that warning. We have seen segments of our Government, in their attitudes and action, adopt tactics unworthy of a democracy, and occasionally reminiscent of the tactics of totalitarian regimes. We have seen a consistent pattern in which programs initiated with limited goals, such as preventing criminal violence or identifying foreign spies, were expanded to what witnesses characterized as “vacuum cleaners”,” sweeping in information about lawful activities of American citizens.

The tendency of intelligence activities to expand beyond their initial scope is a theme which runs through every aspect of our investigative findings. Intelligence collection programs naturally generate ever-increasing demands for new data. And once intelligence has been collected, there are strong pressures to use it against the target.

The pattern of intelligence agencies expanding the scope of their activities was well described by one witness, who in 1970 had coordinated an effort by most of the intelligence community to obtain authority to undertake more illegal domestic activity:

The risk was that you would get people who would be susceptible to political considerations as opposed to national security considerations, or would construe political considerations to be national security considerations, to move from the, kid with a bomb to the kid with a picket sign, and from the kid with the picket sign to the kid with the bumper sticker of the opposing candidate. And you just keep going down the line.

In 1940, Attorney General Robert Jackson saw the same risk. He recognized that using broad labels like “national security” or “subversion” to invoke the vast power of the government is dangerous because there are “no definite standards to determine what constitutes a ‘subversive activity, such as we have for murder or larceny.” Jackson added:

Activities which seem benevolent or helpful to wage earners, persons on relief, or those who are disadvantaged in the struggle for existence may be regarded as ‘subversive’ by those whose property interests might be burdened thereby. Those who are in office are apt to regard as ‘subversive’ the activities of any of those who would bring about a change of administration. Some of our soundest constitutional doctrines were once punished as subversive. We must not forget that it was not so long ago that both the term ‘Republican’ and the term ‘Democrat’ were epithets with sinister meaning to denote persons of radical tendencies that were ‘subversive’ of the order of things then dominant.

This wise warning was not heeded in the conduct of intelligence activity, where the “eternal vigilance” which is the “price of liberty” has been forgotten.

 B. The Questions

 We have directed our investigation toward answering the, following questions:

 Which governmental agencies have engaged in domestic spying?

 How many citizens have been targets of Governmental intelligence activity?

 What standards have governed the opening of intelligence investigations and when have intelligence investigations been terminated?

 Where have the targets fit on the spectrum between those who commit violent criminal acts and those who seek only to dissent peacefully from Government policy?

 To what extent has the information collected included intimate details of the targets’ personal lives or their political views, and has such information been disseminated and used to injure individuals?

 What actions beyond surveillance have intelligence agencies taken, such as attempting to disrupt, discredit, or destroy persons or groups who have been the targets of surveillance?

 Have intelligence agencies been used to serve the political aims of Presidents, other high officials, or the agencies themselves?

 How have the agencies responded either to proper orders or to excessive pressures from their superiors? To what extent have intelligence agencies disclosed, or concealed them from, outside bodies charged with overseeing them?

 Have intelligence agencies acted outside the law? What has been the attitude of the intelligence community toward the rule of law?

 To what extent has the Executive branch and the Congress controlled intelligence agencies and held them accountable?

 Generally, how well has the Federal system of checks and balances between the branches worked to control intelligence activity?

 C. Summary of the Main Problems

 The answer to each of these questions is disturbing. Too many people have been spied upon by too many Government agencies and to much information has been collected. The Government has often undertaken the secret surveillance of citizens on the basis of their political beliefs, even when those beliefs posed no threat of violence or illegal acts on behalf of a hostile foreign power. The Government, operating primarily through secret informants, but also using other intrusive techniques such as wiretaps, microphone “bugs” surreptitious mail opening, and break-ins, has swept in vast amounts of information about the personal lives, views, and associations of American citizens. Investigations of groups deemed potentially dangerous — and even of groups suspected of associating with potentially dangerous organizations — have continued for decades, despite the fact that those groups did not engage in unlawful activity. Groups and individuals have been harassed and disrupted because of their political views and their lifestyles. Investigations have been based upon vague standards whose breadth made excessive collection inevitable. Unsavory and vicious tactics have been employed — including anonymous attempts to break up marriages, disrupt meetings, ostracize persons from their professions, and provoke target groups into rivalries that might result in deaths. Intelligence agencies have served the political and personal objectives of presidents and other high officials. While the agencies often committed excesses in response to pressure from high officials in the Executive branch and Congress, they also occasionally initiated improper activities and then concealed them from officials whom they had a duty to inform.

Governmental officials — including those whose principal duty is to enforce the law –have violated or ignored the law over long periods of time and have advocated and defended their right to break the law.

The Constitutional system of checks and balances has not adequately controlled intelligence activities. Until recently the Executive branch has neither delineated the scope of permissible activities nor established procedures for supervising intelligence agencies. Congress has failed to exercise sufficient oversight, seldom questioning the use to which its apropriations were being put. Most domestic intelligence issues have not reached the courts, and in those cases when they have reached the courts, the judiciary has been reluctant to grapple with them.

Each of these points is briefly illustrated below, and covered in substantially greater detail in the following sections of the report.

1. The Number of People Affected by Domestic Intelligence Activity

United States intelligence agencies have investigated a vast number of American citizens and domestic organizations. FBI headquarters alone has developed over 500,000 domestic intelligence files, 11 and these have been augmented by additional files at FBI Field Offices. The FBI opened 65,000 of these domestic intelligence files in 1972 alone. 12 In fact, substantially more individuals and groups are subject to intelligence scrutiny than the number of files would appear to indicate, since typically, each domestic intelligence file contains information on more than one individual or group, and this information is readily retrievable through the FBI General Name Index.

The number of Americans and domestic groups caught in the domestic intelligence net is further illustrated by the following statistics:

— Nearly a quarter of a million first class letters were opened and photographed in the United States by the CIA between 1953-1973, producing a CIA computerized index of nearly one and one-half million names. 13

— At least 130,000 first class letters were opened and photographed by the FBI between 1940-1966 in eight U.S. cities. 14

— Some 300,000 individuals were indexed in a CIA computer system and separate files were created on approximately 7,200 Americans and over 100 domestic groups during the course of CIA’s Operation CHAOS (1967-1973). 15

— Millions of private telegrams sent from, to, or through the United States were obtained by the National Security Agency from 1947 to 1975 under a secret arrangement with three United States telegraph companies. 16

— An estimated 100,000 Americans were the subjects of United States Army intelligence files created between the mid 1960’s and 1971. 17

— Intelligence files on more than 11,000 individuals and groups were created by the Internal Revenue Service between 1969 and 1973 and tax investigations were started on the basis of political rather than tax criteria. 18

— At least 26,000 individuals were at one point catalogued on an FBI list of persons to be rounded up in the event of a “national emergency”. 19

2. Too Much Information Is Collected For Too Long

Intelligence agencies have collected vast amounts of information about the intimate details of citizens’ lives and about their participation in legal and peaceful political activities. The targets of intelligence activity have included political adherents of the right and the left, ranging from activitist to casual supporters. Investigations have been directed against proponents of racial causes and women’s rights, outspoken apostles of nonviolence and racial harmony; establishment politicians; religious groups; and advocates of new life styles. The widespread targeting of citizens and domestic groups, and the excessive scope of the collection of information, is illustrated by the following examples:

(a) The “Women’s Liberation Movement” was infiltrated by informants who collected material about the movement’s policies, leaders, and individual members. One report included the name of every woman who attended meetings, 20 and another stated that each woman at a meeting bad described “how she felt oppressed, sexually or otherwise”. 21 Another report concluded that the movement’s purpose was to “free women from the humdrum existence of being only a wife and mother”, but still recommended that the intelligence investigation should be continued. 22

(b) A prominent civil rights leader and advisor to Dr. Martin Luther ing, Jr., was investigated on the suspicion that he might be a Communist ” sympathizer”. The FBI field office concluded he was not. 23 Bureau headquarters directed that the investigation continue using a theory of “guilty until proven innocent:”

The Bureau does not agree with the expressed belief of the field office that – – – – – – – – – – – – – – – – – – 24 is not sympathetic to the Party cause. While there may not be any evidence that – – – – – – – – – – – – – – – – – – is a Communist neither is there any substantial evidence that he is anti-Communist. 25

(c) FBI sources reported on the formation of the Conservative American Christian Action Council in 1971. 26 In the 1950’s, the Bureau collected information about the John Birch Society and passed it to the White House because of the Society’s “scurillous attack” on President Eisenhower and other high Government officials. 27

(d) Some investigations of the lawful activities of peaceful groups have continued for decades. For example, the NAACP was investigated to determine whether it “had connections with” the Communist Party. The investigation lasted for over twenty-five years, although nothing was found to rebut a report during the first year of the investigation that the NAACP had a “strong tendency” to “steer clear of Communist activities.” 211 Similarly, the FBI has admitted that the Socialist Workers Party has committed no criminal acts. Yet the Bureau has investigated the Socialist Workers Party for more than three decades on the basis of its revolutionary rhetoric-which the FBI concedes falls short of incitement to violence-and its claimed international links. The Bureau is currently using its informants to collect information about SWP members’ political views, including those on “U.S. involvement in Angola,” “food prices,” “racial matters,” the “Vietnam War,” and about any of their efforts to support non-SWP candidates for political office. 29

(e) National political leaders fell within the broad reach of intelligence investigations. For example, Army Intelligrnce nee maintained files on Senator Adlai Stevenson and Congressman Abner Mikva because of their participation in peaceful political meetings under surveillance by Army agents. 30 A letter to Richard Nixon, while he was a candidate for President in 1968, was intercepted under CIA’s mail opening program. In the 1960’s President Johnson asked the FBI to compare various Senators’ statements on Vietnam with the Communist Party line 32 and to conduct name checks on leading antiwar Senators. 33

(f) As part of their effort to collect information which “related even remotely” to people or groups “active” in communities which had “the potential” for civil disorder, Army intelligence agencies took such steps as: sending agents to a Halloween party for elementary school children in Washington, D.C., because they suspected a local “dissident” might be present; monitoring protests of welfare mothers’ organizations in Milwaukee; infiltrating a coalition of church youth groups in Colorado; and sending agents to a priests’ conference in Washington, D.C., held to discuss birth control measures. 34

(g) In the, late 1960’s and early 1970s, student groups were subjected to intense scrutiny. In 1970 the FBI ordered investigations of every member of the Students for a Democratic Society and of “every Black Student Union and similar group regardless of their past or present involvement in disorders.” 35 Files were opened on thousands of young men and women so that, as the former head of FBI intelligence explained , the information could be used if they ever applied for a government job. 36

In the 1960’s Bureau agents were instructed to increase their efforts to discredit “New Left” student demonstrators by tactics including publishing photographs (“naturally the most obnoxious picture should be used”), 37 using “misinformation” to falsely notify members events had been cancelled ’18 and writing “tell-tale” letters to students’ parents. 39

(h) The FBI Intelligence Division commonly investigated any indication that “subversive” groups already under investigation were seeking to influence or control other groups. 40 One example of the extreme breadth of this “infiltration” theory was an FBI instruction in the mid-1960’s to all Field Offices to investigate every “free university” because some of them had come under “subversive influence. ” 41

(i) Each administration from Franklin D. Roosevelt’s to Richard Nixon’s permitted, and sometimes encouraged, government agencies to handle essentially political intelligence. For example:

— President Roosevelt asked the FBI to put in its files the names of citizens sending telegrams to the White House opposing his “national defense” policy and supporting Col. Charles Lindbergh. 42

— President Truman received inside information on a former Roosevelt aide’s efforts to influence his appointments, 43 labor union negotiating plans, 44 and the publishing plans of journalists. 45

— President Eisenhower received reports on purely political and social contacts with foreign officials by Bernard Baruch, 46 Mrs. Eleanor Roosevelt, 47 and Supreme Court Justice William 0. Douglas. 47a

— The Kennedy Administration had the FBI wiretap a Congressional staff member , 48 three executive officials, 49 a lobbyist, 50 and a, Washington law firm. 51 Attorney General Robert F. Kennedy received the fruits of a FBI “tap” on Martin Luther King, Jr. 52 and a “bug” on a Congressman both of which yielded information of a political nature. 53

— President Johnson asked the FBI to conduct “name checks” of his critics and of members of the staff of his 1964 opponent, Senator Barry Goldwater. 54 He also requested purely political intelligence on his critics in the Senate, and received extensive intelligence reports on political activity at the 1964 Democratic Convention from FBI electronic surveillance. 55

— President Nixon authorized a program of wiretaps which produced for the White House purely political or personal information unrelated to national security, including information about a Supreme Court justice. 56

3. Covert Action and the Use of Illegal or Improper Means

(a) Covert Action. — Apart from uncovering excesses in the collection of intelligence, our investigation has disclosed covert actions directed against Americans, and the use of illegal and improper surveillance techniques to gather information. For example:

(i) The FBI’s COINTELPRO — counterintelligence program — was designed to “disrupt” groups and “neutralize” individuals deemed to be threats to domestic security. The FBI resorted to counterintelligence tactics in part because its chief officials believed that the existing law could not control the activities of certain dissident groups, and that court decisions had tied the hands of the intelligence community. Whatever opinion one holds about the policies of the targeted groups, many of the tactics employed by the FBI were indisputably degrading to a free society. COINTELPRO tactics included:

— Anonymously attacking the political beliefs of targets in order to induce their employers to fire them;

— Anonymously mailing letters to the spouses of intelligence targets for the purpose of destroying their marriages; 57

— Obtaining from IRS the tax returns of a target and then attempting to provoke an IRS investigation for the express purpose of deterring a protest leader from attending the Democratic National Convention; 58

— Falsely and anonymously labeling as Government informants members of groups known to be violent, thereby exposing the falsely labelled member to expulsion or physical attack; 59

— Pursuant to instructions to use “misinformation” to disrupt demonstrations, employing such means as broadcasting fake orders on the same citizens band radio frequency used by demonstration marshalls to attempt to control demonstrations, 60 and duplicating and falsely filling out forms soliciting housing for persons coming to a demonstration, thereby causing “long and useless journeys to locate these addresses”; 61

— Sending an anonymous letter to the leader of a Chicago street gang (described as “violence-prone”) stating that the Black Panthers were supposed to have “a hit out for you”. The letter was suggested because it “may intensify . . . animosity” and cause the street gang leader to “take retaliatory action”. 62

(ii) From “late 1963” until his death in 1968, Martin Luther King, Jr., was the target of an intensive campaign by the Federal Bureau of Investigation to “neutralize” him as an effective civil rights leader. In the words of the man in charge of the FBI’s “war” against Dr. King, “No holds were barred.” 63

The FBI gathered information about Dr. King’s plans and activities through an extensive surveillance program, employing nearly every intelligence-gathering technique at the Bureau’s disposal in order to obtain information about the “private activities of Dr. King and his advisors” to use to “completely discredit” them. 64

The program to destroy Dr. King as the leader of the civil rights movement included efforts to discredit him with Executive branch officials, Congressional leaders, foreign heads of state, American ambassadors, churches. universities, and the press. 65

The FBI mailed Dr. King a tape recording made from microphones hidden in his hotel rooms which one agent testified was an attempt to destroy Dr. King’s marriage.66 The tape recording was accompanied by a note which Dr. King and his advisors interpreted as threatening to release the tape recording unless Dr. King committed suicide. 67

The extraordinary nature of the campaign to discredit Dr. King is evident from two documents:

— At the August 1963 March on Washington, Dr. King told the country of his “dream” that:

all of God’s children, black men and white men, Jews and Gentiles, Protestants and Catholics, will be able to join hands and sing in the words of the old Negro spiritual, “Free at last, free at last, thank God Almighty, I’m free at last.”

The Bureau’s Domestic Intelligence Division concluded that this “demagogic speech” established Dr. King as the “most dangerous and effective Negro leader in the country.” 68 Shortly afterwards, and within days after Dr. King was named “Man of the Year” by Time magazine, the FBI decided to “take him off his pedestal,” reduce him completely in influence,” and select and promote its own candidate to “assume the role of the leadership of the Negro people.” 69

— In early 1968, Bureau headquarters explained to the field that Dr. King must be destroyed because he was seen as a potential “messiah” who could “unify and electrify” the “black nationalist movement”. Indeed, to the FBI he was a potential threat because he might “abandon his supposed ‘obedience’ to white liberal doctrines (non-violence) .” 70 In short, a non-violent man was to be secretly attacked and destroyed as insurance against his abandoning non-violence.

(b) Illegal or Improper Means. — The surveillance which we investigated was not only vastly excessive in breadth and a basis for degrading counterintelligence actions, but was also often conducted by illegal or improper means. For example:

(1) For approximately 20 years the CIA carried out a program of indiscriminately opening citizens’ first class mail. The Bureau also had a mail opening program, but cancelled it in 1966. The Bureau continued, however, to receive the illegal fruits of CIA’s program. In 1970, the heads of both agencies signed a document for President Nixon, which correctly stated that mail opening was illegal, falsely stated that it had been discontinued, and proposed that the illegal opening of mail should be resumed because it would provide useful results. The President approved the program, but withdrew his approval five days later. The illegal opening continned nonetheless. Throughout this period CIA officials knew that mail opening was illegal, but expressed concern about the “flap potential” of exposure, not about the illegality of their activity. 71

(2) From 1947 until May 1975, NSA received from international cable companies millions of cables which had been sent by American citizens in the reasonable expectation that they would be kept private. 7

(3) Since the early 1930’s, intelligence agencies have frequently wiretapped and bugged American citizens without the benefit of judicial warrant. Recent court decisions have curtailed the use of these techniques against domestic targets. But past subjects of these surveillances have included a United States Congressman, a Congressional staff member, journalists and newsmen, and numerous individuals and groups who engaged in no criminal activity and who posed no genuine threat to the national security, such as two White House domestic affairs advisers and an anti Vietnam War protest group. While the prior written approval of the Attorney General has been required for all warrantless wiretaps since 1940, the record is replete with instances where this requirement was ignored and the Attorney General gave only after-the-fact authorization

Until 1965, microphone surveillance by intelligence agencies was wholly unregulated in certain classes of cases. Within weeks after a 1954 Supreme Court decision denouncing the FBI’s installation of a microphone in a defendant’s bedroom, the Attorney General informed the Bureau that he did not believe the decision applied to national security cases and permitted the FBI to continue to install microphones subject only to its own “intelligent restraint”. 73

(4) In several cases, purely political information (such as the reaction of Congress to an Administration’s legislative proposal) and purely personal information (such as coverage of the extra-marital social activities of a high-level Executive official under surveillance) was obtained from electronic surveillance and disseminated to the highest levels of the federal government. 7

(5) Warrantless break-ins have been conducted by intelligence agencies since World War II. During the 1960’s alone, the FBI and CIA conducted hundreds of break-ins, many against American citizens and domestic organizations. In some cases, these break-ins were to install microphones; in other cases, they were to steal such items as membership lists from organizations considered “subversive” by the Bureau. 75

 

(6) The most pervasive surveillance technique has been the informant. In a random sample of domestic intelligence cases, 83% involved informants and 5% involved electronic surveillance. 76 Informants have been used against peaceful, law-abiding groups; they have collected information about personal and political views and activities. 77 To maintain their credentials in violence-prone groups, informants have involved themselves in violent activity. This phenomenon is well illustrated by an informant in the Klan. He was present at the murder of a civil rights worker in Mississippi and subsequently helped to solve the crime and convict the perpetrators. Earlier, however, while performing duties paid for by the Government, he had previously “beaten people severely, had boarded buses and kicked people, had [gone] into restaurants and beaten them [blacks] with blackjacks, chains, pistols.” 78 Although the FBI requires agents to instruct informants that they cannot be involved in violence, it was understood that in the Klan, “he couldn’t be an angel and be a good informant.” 79

 

4. Ignoring the Law

 

Officials of the intelligence agencies occasionally recognized that certain activities were illegal, but expressed concern only for “flap Potential.” Even more disturbing was the frequent testimony that the law, and the Constitution were simply ignored. For example, the author of the so-called Huston plan testified:

 

Question. Was there any person who stated that the activity recommended, which you have previously identified as being illegal opening of the mail and breaking and entry or burglary — was there any single person who stated that such activity should not be done because it was unconstitutional?

 

Answer. No.

 

Question. Was there any single person who said such activity should not be done because it was illegal?

 

Answer. No. 80

 

Similarly, the man who for ten years headed FBI’s Intelligence Division testifed that:

 

… never once did I hear anybody, including myself, raise the question: “Is this course of action which we have agreed upon lawful, is it legal, is it ethical or moral.” We never gave any thought to this line of reasoning, because we were just naturally pragmatic. 81

 

Although the statutory law and the Constitution were often not “[given] a thought”, 82 there was a general attitude that intelligence needs were responsive to a higher law. Thus, as one witness testified in justifying the FBI’s mail opening program:

 

It was my assumption that what we were doing was justified by what we had to do . . . the greater good, the national security. 83

 

5. Deficiencies in Accountability and Control

 

The overwhelming number of excesses continuing over a prolonged period of time were due in large measure to the fact that the system of checks and balances — created in our Constitution to limit abuse of Governmental power — was seldom applied to the intelligence community. Guidance and regulation from outside the intelligence agencies — where it has been imposed at all — has been vague. Presidents and other senior Executive officials, particularly the Attorneys General, have virtually abdicated their Constitutional responsibility to oversee and set standards for intelligence activity. Senior government officials generally gave the agencies broad, general mandates or pressed for immediate results on pressing problems. In neither case did they provide guidance to prevent excesses and their broad mandates and pressures themselves often resulted in excessive or improper intelligence activity.

 

Congress has often declined to exercise meaningful oversight, and on occasion has passed laws or made statements which were taken by intelligence agencies as supporting overly-broad investigations.

 

On the other hand, the record reveals instances when intelligence agencies have concealed improper activities from their superiors in the Executive branch and from the Congress, or have elected to disclose only the less questionable aspects of their activities.

 

There has been, in short, a, clear and sustained failure by those responsible to control the intelligence community and to ensure its accountability. There has been an equally clear and sustained failure by intelligence agencies to fully inform the proper authorities of their activities and to comply with directives from those authorities.

 

6. The Adverse Impact of Improper Intelligence Activity

 

Many of the illegal or improper disruptive efforts directed against American citizens and domestic organizations succeeded in injuring their targets. Although it is sometimes difficult to prove that a target’s misfortunes were caused by a counter-intelligence program directed against him, the possibility that an arm of the Untied States Government intended to cause the harm and might have been responsible is itself abhorrant.

 

The Committee has observed numerous examples of the impact of intelligence operations. Sometimes the harm was readily apparent — destruction of marriages, loss of friends or jobs. Sometimes the attitudes of the public and of Government officials responsible for formulating policy and resolving vital issues were influenced by distorted intelligence. But the most basic harm was to the values of privacy and freedom which our Constitution seeks to protect and which intelligence activity infringed on a broad scale.

 

(a) General Efforts to Discredit. — Several efforts against individuals and groups appear to have achieved their stated aims. For example:

 

— A Bureau Field Office reported that the anonymous letter it had sent to an activist’s husband accusing his wife of infidelity “contributed very strongly” to the subsequent breakup of the marriage. 84

 

— Another Field Office reported that a draft counsellor deliberately, and falsely, accused of being an FBI informant was “ostracized” by his friends and associates. 85

 

— Two instructors were reportedly put on probation after the Bureau sent an anonymous letter to a university administrator about their funding of an anti-administration student newspaper. 86

 

— The Bureau evaluated its attempts to “put a stop” to a contribution to the Southern Christian Leadership Conference as “quite successful.” 87

 

— An FBI document boasted that a “pretext” phone call to Stokeley Carmichael’s mother telling her that members of the Black Panther Party intended to kill her son left her “shocked”. The memorandum intimated that the Bureau believed it had been responsible for Carmichael’s flight to Africa the following day. 88

 

(b) Media Manipulation. — The FBI has attempted covertly to influence the public’s perception of persons and organizations by dissemminating derogatory information to the press, either anonymously or through “friendly” news contacts. The impact of those articles is generally difficult to measure, although in some cases there are fairly direct connections to injury to the target. The Bureau also attempted to influence media reporting which would have any impact on the public image of the FBI. Examples include:

 

— Planting a series of derogatory articles about Martin Luther King, Jr., and the Poor People’s Campaign. 89

 

For example, in anticipation of the 1968 “poor people’s march on Washington, D.C.,” Bureau Headquarters granted authority to furnish “cooperative news media sources” an article “designed to curtail success of Martin Luther King’s fund raising.” 90 Another memorandum illustrated how “photographs of demonstrators” could be used in discrediting the civil rights movement. Six photographs of participants in the poor people’s campaign in Cleveland accompanied the memorandum with the following note attached: “These [photographs] show the militant aggressive appearance of the participants and might be of interest to a cooperative news source.” 91 Information on the Poor People’s Campaign was provided by the FBI to friendly reporters on the condition that “the Bureau must not be revealed as the source.” 92

 

— Soliciting information from Field Offices “on a continuing basis” for “prompt . . . dissemination to the news media . . . to discredit the New Left movement and its adherents.” The Headquarters directive requested, among other things, that:

 

specific data should be furnished depicting the scurrilous and depraved nature, of many of the characters, activities, habits, and living conditions representative of New Left adherents.

 

Field Offices were to be exhorted that: “Every avenue of possible embarrassment must be vigorously and enthusiastically explored.” 93

 

— Ordering Field Offices to gather information which would disprove allegations by the “liberal press, the bleeding hearts, and the forces on the left” that the Chicago police used undue force in dealing with demonstrators at the 1968 Democratic Convention. 95

 

— Taking advantage of a close relationship with the Chairman of the Board — described in an FBI memorandum as “our good friend”– of a magazine with national circulation to influence articles which related to the FBI. For example, through this relationship the Bureau: “squelched” an “unfavorable article against the Bureau” written by a free-lance writer about an FBI investigation; “postponed publication” of an article on another FBI case; “forestalled publication” of an article by Dr. Martin Luther King, Jr.; and received information about proposed editing of King’s articles. 96

 

(c) Distorting Data to Influence Government Policy and Public Perceptions

 

Accurate intelligence is a prerequisite to sound government policy. However, as the past head of the FBI’s Domestic Intelligence Division reminded the Committee:

 

The facts by themselves are not too meaningful. They are something like stones cast into a heap. 97

 

On certain crucial subjects the domestic intelligence agencies reported the “facts” in ways that gave rise to misleading impressions.

 

For example, the FBI’s Domestic Intelligence Division initially discounted as an “obvious failure” the alleged attempt’s of Communists to influence the civil rights movement. 98 Without any significant change in the factual situation, the Bureau moved from the Division’s conclusion to Director Hoover’s public congressional testimony characterizing Communist influence on the civil rights movement as “vitally important.” 98a

 

FBI reporting on protests against the Vietnam War provides another example, of the manner in which the information provided to decision-makers can be skewed. In acquiescence with a judgment already expressed by President Johnson, the Bureau’s reports on demonstrations against the War in Vietnam emphasized Communist efforts to influence the anti-war movement and underplayed the fact that the vast majority of demonstrators were not Communist controlled. 99

 

(d) “Chilling” First Amendment Rights. — The First Amendment protects the Rights of American citizens to engage in free and open discussions, and to associate with persons of their choosing. Intelligence agencies have, on occasion, expressly attempted to interfere with those rights. For example, one internal FBI memorandum called for “more interviews” with New Left subjects “to enhance the paranoia endemic in these circles” and “get the point across there is an FBI agent behind every mailbox.” 100

 

More importantly, the government’s surveillance activities in the aggregate — whether or not expressly intended to do so — tends, as the Committee concludes at p. 290 to deter the exercise of First Amended Rights by American citizens who become aware of the government’s domestic intelligence program.

 

(e) Preventing the Free Exchange of Ideas. — Speakers, teachers, writers, and publications themselves were targets of the FBI’s counterintelligence program. The FBI’s efforts to interfere with the free exchange of ideas included:

 

— Anonymously attempting to prevent an alleged “Communist-front” group from holding a forum on a midwest campus, and then investigating the judge who ordered that the meeting be allowed to proceed. 101

 

— Using another “confidential source” in a foundation which contributed to a local college to apply pressure on the school to fire an activist professor.

 

— Anonymously contacting a university official to urge him to “persuade” two professors to stop funding a student newspaper, in order to “eliminate what voice the New Left has” in the area.

 

— Targeting the New Mexico Free University for teaching “confrontation politics” and “draft counseling training”. 102

 

7. Cost and Value

 

Domestic intelligence is expensive. We have already indicated the cost of illegal and improper intelligence activities in terms of the harm to victims, the injury to constitutional values, and the damage to the democratic process itself. The cost in dollars is also significant. For example, the FBI has budgeted for fiscal year 1976 over $7 million for its domestic security informant program, more than twice the amount it spends on informants against organized crime. 103 The aggregate budget for FBI domestic security intelligence and foreign counterintelligence is at least $80 million. 104 In the late 1960s and early 1970s, when the Bureau was joined by the CIA, the military, and NSA in collecting information about the anti-war movement and black activists, the cost was substantially greater.

 

Apart from the excesses described above, the usefulness of many domestic intelligence activities in serving the legitimate goal of protecting society has been questionable. Properly directed intelligence investigations concentrating upon hostile foreign agents and violent terrorists can produce valuable results. The Committee has examined cases where the FBI uncovered “illegal” agents of a foreign power engaged in clandestine intelligence activities in violation of federal law. Information leading to the prevention of serious violence has been acquired by the FBI through its informant penetration of terrorist groups and through the inclusion in Bureau files of the names of persons actively involved with such groups. 105 Nevertheless, the most sweeping domestic intelligence surveillance programs have produced surprisingly few useful returns in view of their extent. For example:

 

— Between 1960 and 1974, the FBI conducted over 500,000 separate investigations of persons and groups under the “subversive” category, predicated on the possibility that they might be likely to overthrow the government of the United States. 106 Yet not a single individual or group has been prosecuted since 1957 under the laws which prohibit planning or advocating action to overthrow the government and which are the main alleged statutory basis for such FBI investigations. 107

 

— A recent study by the General Accounting Office has estimated that of some 17,528 FBI domestic intelligence investigations of individuals in 1974, only 1.3 percent resulted in prosecution and conviction, and in only “about 2 percent” of the cases was advance knowledge of any activity — legal or illegal — obtained. 108

 

— One of the main reasons advanced for expanded collection of intelligence about urban unrest and anti-war protest was to help responsible officials cope with possible violence. However, a former White House official with major duties in this area under the Johnson administration has concluded, in retrospect, that “in none of these situations . . . would advance intelligence about dissident groups [have] been of much help,” that what was needed was “physical intelligence” about the geography of major cities, and that the attempt to “predict violence” was not a “successful undertaking” 109

 

— Domestic intelligence reports have sometimes even been counterproductive. A local police chief, for example, described FBI reports which led to the positioning of federal troops near his city as:

 

. . . almost completely composed of unsorted and unevaluated stories, threats, and rumors that had crossed my desk in New Haven. Many of these had long before been discounted by our Intelligence Division. But they had made their way from New Haven to Washington, had gained completely unwarranted credibility, and had been submitted by the Director of the FBI to the President of the United States. They seemed to present a convincing picture of impending holocaust. 110

 

In considering its recommendations, the Committee undertook an evaluation of the FBI’s claims that domestic intelligence was necessary to combat terrorism, civil disorders, “subversion,” and hostile foreign intelligence activity. The Committee reviewed voluminous materials bearing on this issue and questioned Bureau officials, local police officials, and present and former federal executive officials.

 

We have found that we are in fundamental agreement with the wisdom of Attorney General Stone’s initial warning that intelligence agencies must not be “concerned with political or other opinions of individuals” and must be limited to investigating essentially only “such conduct as is forbidden by the laws of the United States.” The Committee’s record demonstrates that domestic intelligence which departs from this standard raises grave risks of undermining the democratic process and harming the interests of individual citizens. This danger weighs heavily against the speculative or negligible benefits of the ill-defined and overbroad investigations authorized in the past. Thus, the basic purpose of the recommendations contained in Part IV of this report is to limit the FBI to investigating conduct rather than ideas or associations.

 

The excesses of the past do not, however, justify depriving the United States of a clearly defined and effectively controlled domestic intelligence capability. The intelligence services of this nation’s international adversaries continue to attempt to conduct clandestine espionage operations within the United States. 111 Our recommendations provide for intelligence investigations of hostile foreign intelligence activity.

 

Moreover, terrorists have engaged in serious acts of violence which have brought death and injury to Americans and threaten further such acts. These acts, not the politics or beliefs of those who would commit them, are the proper focus for investigations to anticipate terrorist violence. Accordingly, the Committee would permit properly controlled intelligence investigations in those narrow circumstances. 112

 

Concentration on imminent violence can avoid the wasteful dispersion of resources which has characterized the sweeping (and fruitless) domestic intelligence investigations of the past. But the most important reason for the fundamental change in the domestic intelligence operations which our Recommendations propose is the need to protect the constitutional Rights of Americans.

 

In light of the record of abuse revealed by our inquiry, the Committee is not satisfied with the position that mere exposure of what has occurred in the past will prevent its recurrence. Clear legal standards and effective oversight and controls are necessary to ensure that domestic intelligence activity does not itself undermine the democratic system it is intended to protect.

 

 

Footnotes:

 

1 S. Res. 21, see. 2 (12). The Senate specifically charged this Committee with investigating “the conduct of domestic intelligence, or counterintelligence operations against United States citizens.” (See. 2(2) ) The resolution added several examples of specific charges of possible “illegal, improper or unethical” governmental intelligence activities as matters to be fully investigated (See. (2) (1)-CIA domestic activities; See. (2) (3)-Huston Plan: See. (2) (10)-surreptitous entries, electronic surveillance, mail opening.)

 

2 Just as the term “Intelligence activity” encompasses activities that go far beyond the collection and analysis of information, the term “intelligence community- includes persons ranging from the President to the lowest field operatives of the intelligence agencies.

 

3 The Alien Act provided for the deportation of all aliens judged “dangerous to the peace and safety” of the nation. (1 Stat. 570, June 25, 1798) The Sedition Act made it a federal crime to publish “false, scandalous and malicious writing” against the United States government, the Congress, or the President with the intent to “excite against them” the “hatred of the good people of the United States” or to “encourage or abet any hostile designs of any foreign nation against the United States.” (1 Stat. 596, July 14, 1798) There were at least 25 arrests, 15 indictments, and 10 convictions under the Sedition Act. (See James M. Smith, Freedom’s Fetters: The Alien and Sedition Laws and American Civil Liberties (Ithaca: Cornell U. Press, 1956).)

 

4 Francis Biddle, In Brief Authority (Garden City; Doubleday, 1962), p. 224; Roger Daniels, Concentration Camps USA: Japanese Americans and World War II (New York: Holt, Rinehart. and Winston, 1971), p. 66.

 

5 Many victims of intelligence activities have claimed in the past that they were being subjected to hostile action by their government. Prior to this investigation, most Americans would have dismissed these allegations. Senator Philip Hart aptly described this phenomenon in the course of the Committee’s public hearings on domestic intelligence activities:

 

“As I’m sure others have, I have been told for years by, among others, some of my own family, that this is exactly what the Bureau was doing all of the time, and in my great wisdom and high office, I assured them that they were [wrong]-it just wasn’t true. it couldn’t happen. They wouldn’t do it. What you have described is a series of illegal actions intended squarely to deny First Amendment rights to some Americans. That is what my children have told me was going on. Now I did not believe it.

 

“The trick now, as I see it, Mr. Chairman, is for this committee to be able to figure out how to persuade the people of this country that indeed it did go on. And how shall we insure that it will never happen again? But it will happen repeatedly unless we can bring ourselves to understand and accept that it did go on.” Senator Philip Hart, 11/18/75, Hearings, Vol. 6, p. 41.

 

6 As the Supreme court noted in Miranda v. Arizona, 384 U.S. 436, 483. 486 (1966), even before the Court required law officers to advise criminal suspects of their constitutional rights before custodial interrogation, the FBI had “an exemplary record” in this area-a practice which the Court said should be emulated by state and local law enforcement agencies.” This commendable FBI tradition in the general field of law enforcement presents a sharp contrast to the widespread disregard of individual rights in FBI domestic intelligence operations examined in the balance of this Report.

 

7 New York Times, 5/13/24.

 

8 Mary Jo Cook testimony, 12/2/75), Hearings, Vol. 6, p. 111; James B. Adams testimony, 12/2/75. Hearings, Vol. 6, p. 135.

 

9 Tom Charles Huston testimony, 9/23/75, Hearings, Vol. 2, p. 45.

 

10 “The Federal Prosecutor”, Journal of the American Judicature Society (June, 1940), p. 18.

 

11 Memorandum from the FBI to the Senate Select Committee, 10/6/75.

 

12 Memorandum from the FBI to the Senate Select Committee, 10/6/75.

 

13 James Angleton testimony, 9/17/75, p. 28.

 

14 See Mail Opening Report: Section IV, “FBI Mail Openings.”

 

15 Chief, International Terrorist Group testimony, Commission on CIA Activities Within the United States, 3/10/75, pp. 1485-1489.

 

16 Statement by the Chairman, 11/6/75; re: SHAMROCK, Hearings, Vol, 5, pp. 57-60.

 

17 See Military Surveillance Report: Section 11, “The Collection of Information about the Political Activities of Private Citizens and Private Organizations.”

 

18 See IRS Report: Section II, “Selective Enforcement for Non-tax Purposes.”

 

19 Memorandum from A. H. Belmont to L. V. Boardman, 12/8/54. Many of the memoranda cited in this report were actually written by FBI personnel other than those whose names were indicated at the foot of the document as the author. Citation in this report of specific memoranda by using the names of FBI personnel which so appear is for documentation purposes only and is not intended to presume authorship or even knowledge in all cases.

 

20 Memorandum from Kansas City Field Office to FBI Headquarters, 10/20/70. (Hearings, Vol. 6, Exhibit 54-3)

 

21 Memorandum from New York Field Office to FBI Headquarters, 5/28/69, P. 2. (Hearings, Vol. 6, Exhibit 54–1)

 

22 Memorandum from Baltimore Field Office to FBI Headquarters, 5/11/70, P. 2.

 

23 Memorandum from New York Field Office to FBI Headquarters, 4/14/64.

 

24 Name deleted by Committee to protect privacy.

 

25 Memorandum from FBI Headquarters to New York Meld Office 4/24/64, re CPUSA, Negro question.

 

26 James Adams testimony, 12/2/75, Hearings, Vol. 6, p. 137.

 

27 Memorandum from F. T. Baumgardner to William C. Sullivan, 5/29/6.3.

 

28 Memorandum from Oklahoma City Field Office to FBI Headquarters. 9/19/41. See Development of FBI Domestic Intelligence Investigations: Section IV, “FBI Target Lists.”

 

29 Chief Robert Shackleford testimony, 2/6/76, p. 91.

 

30 Senate Judiciary Subcommittee on Constitutional Rights. Report. 1973. p. 57.

 

31 Senate Select Committee Staff summary of HTLINGUAL File Review, 9/5/75.

 

32 FBI Summary Memorandum, 1/31/75, re: Coverage of TX. Presentation.

 

33 Letter from J. Edgar Hoover to Marvin Watson, 7/15/66.

 

34 See Military Report: See. II, “The Collection of information About the Political Activities of Private citizens and Private Organizations.”

 

35 Memorandum from FBI headquarters to all SAC’s, 11/4/70.

 

36 Charles Brennan testimony, 9/25/75, Hearings, vol. 2 p. 117.

 

37 Memorandum from FBI Headquarters to all SAC’s, 7/5/68.

 

38 Abstracts of New Left Documents #161, 115, 43. Memorandum from Washington Field Office to FBI Headquarters, 1/21/69.

 

39 Memorandum from FBI Headquarters to Cleveland Field Office, 11/29/68.

 

40 FBI manual of Instructions, See. 87, B (2-f).

 

41 Memorandum from FBI Headquarters to San Antonio Field Office, 7/23/69.

 

42 Memorandum from Stephen Early to J. Edgar Hoover, 5/21/40; 6/17/40.

 

43 Letter from J. Edgar Hoover to George Allen, 12/3/46.

 

44 Letter from J. Edgar Hoover to Maj. Gen. Harry Vaughn, 2/15/47.

 

45 Letter from J. Edgar Hoover to M. T. Connelly, 1/27/50.

 

46 Letter from J. Edgar Hoover to Dillon Anderson, 11/7/55.

 

47 Letter from J. Edgar Hoover to Robert Cutler, 2/13/58.

 

47a Letters from T. Edgar Hoover to Robert Cutler, 4/21/53-4/27/53.

 

48 Memorandum from J. Edgar Hoover to the Attorney General, 2/16/61.

 

49 Memorandum from J. Edgar Hoover to the Attorney General, 2/14/61.

 

50 Memorandum from J. Edgar Hoover to the Attorney General, 2/16/61.

 

51 Memorandum from J. Edgar Hoover to the Attorney General 6/26/62.

 

52 Memorandum from Charles Brennan to William Sullivan, 12/19/66.

 

53 Memorandum from J. Edgar Hoover to the Attorney General, 2/18/61.

 

54 Memorandum from T. Edgar Hoover to Bill Moyers, 10/27/64.

 

55 Memorandum from C. D. DeLoach to John Mohr, 8/29/64.

 

56 Letter from J. Edgar Hoover to H.R. Haldeman, 6/25/70.

 

57 Memorandum from FBI Headquarters, to San Francisco Field Office, 11/26/68.

 

58 Memorandum from [Midwest City] Field Office to FBI Headquarters, 8/l/68; memorandum from FBI Headquarters to [Midwest City] Field Office, 8/6/68.

 

59 Memorandum from Columbia Field Office to FBI Headquarters, 11/4/70, re: COINTELPRO-New Left.

 

60 Memorandum from Cbarles Brennan to William Sullivan. 8/15/68.

 

61 Memorandum from Chicago Field Office to FBI Headquarters, 9/9/68.

 

62 Memorandum from FBI Headquarters to Chicago Field Office, 1/30/69 re: COINTELPRO, Black Nationalist-Hate Groups.

 

63 William C. Sullivan testimony, 11/1/75, p. 49.

 

64 memorandum from Baumgardner to Sullivan, 2/4/64.

 

65 Memorandum from Chicago Field Office to FBI Headquarters, 12/16/68; memorandum from FBI Headquarters to Chicago Field Office, 1/30/69, re: COINTELPRO, Black Nationalist-Hate Groups.

 

66 William C. Sullivan, 11/1/75, pp. 104-105.

 

67 Andrew Young testimony, 2/19/76. p. 8.

 

68 Memorandum from Sullivan to Belmont, 8/30/63. Memorandum from Sullivan to Belmont, 1/8/64.

 

70 Memorandum from FBI Headquarters to all SACs, 3/4/68.

 

71 See Mail Opening Report: Section II, “Legal Considerations and the ‘Flap’ Potential.”

 

72 See NSA Report: Section I. “Introduction and Summary.”

 

73 Memorandum from Attorney General Brownell to J. Edgar Hoover, 5/20/54.

 

74 See finding on Political Abuse. To protect the privacy of the targeted individual, the Committee has omitted the citation to the memorandum concerning the example of purely personal information.

 

75 Memorandum from W. C. Sullivan to C. D. DeLoach 7/19/66, p. 2.

 

76 General Accounting Office Report on Domestic intelligence Operations of the FBI. 9/75.

 

77 Mary Jo Cook testimony. 12/2/75, Hearings, Vol. 6. p. 111.

 

78 Gary Rowe deposition, 10/17/75, p. 9.

 

79 Special Agent No. 3 deposition, 11/21/75, p. 12.

 

80 Huston testimony 9/23/75, Hearings, Vol. 2,1).

 

81 William Sullivan testimony, 11/1/75, pp. 92-93.

 

82 The quote is from a Bureau official who had supervised for the “Black Nationalist Hate. Group” COINTELPRO.

 

“Question. Did anybody at any time that you remember during the course of the program, discuss the Constitutionality or the legal authority, or anything else like that?

 

“Answer. No, we never gave it a thought. As far as I know, nobody engaged or ever had any idea that they were doing anything other than what was the policy of the Bureau which had been policy for a long time.” (George Moore deposition, 11/3/75, p. 83.)

 

83 Branagan, 10/9/75, p. 41.

 

84 Memorandum from St. Louis Field Office to FBI Headquarters, 6/19/70.

 

85 Memorandum from ‘San Diego Field Office to FBI Headquarters, 4/30/69.

 

86 Memorandum from Mobile Field Office to FBI Headquarters, 12/9/70.

 

87 Memorandum from Wick to DeLoach, 11/9/66.

 

88 Memorandum from New York Field Office to FBI Headquarters, 9/9/68.

 

89 See King Report: Sections V and VII.

 

90 Memorandum from G. C. Moore to W. C. Sullivan, 10/26/68.

 

91 Memorandum from G. C. Moore to W. C. Sullivan, 5/17/68.

 

92 Memorandum from FBI Headquarters to Miami Field Office, 7/9/68.

 

93 Memorandum from C. D. Brennan to W. C. Sullivan, 5/22/68.

 

94 omitted in original.

 

95 Memorandum from FBI Headquarters to Chicago Field Office, 8/28/68.

 

96 Memorandum from W. H. Stapleton to DeLoach, 11/3/64.

 

97 Sullivan. 11/1/75, p. 48.

 

98 Memorandum from Baumgardner to Sullivan. 8/26/63 p. 1. Hoover himself construed the initial Division estimate to mean that Communist influence was “infinitesimal.”

 

98a See Finding on Political Abuse, p. 225.

 

99 See Finding on Political Abuse. p. 225.

 

100 “New Left Notes — Philadelphia.” 9/16/70, Edition #1.

 

101 Memorandum from Detroit Field Office to FBI Headquarters 10/26/60; Memorandum from P13T Headquarters to Detroit Field Office 10/27, 28, 31/60; Memorandum from Baumgardner to Belmont, 10/26/60.

 

102 See COINTELPRO Report: Section 111. “The Goals of COINTELPRO: Preventing or disrupting the exercise of First Amendment Rights.”

 

103 The budget for FBI informant programs includes not only the payments to informants for their services and expenses, but also the expenses of FBI personnel who supervise informants, their support costs, and administrative overhead. (Justice Department letter to Senate Select Committee, 3/2/76).

 

104 The Committee is withholding the portion of this figure spent on domestic security intelligence (informants and other investigations combined) to prevent hostile foreign intelligence services from deducing the amount spent on counterespionage. The $80 million figure does not include all costs of separate FBI activities which may be drawn upon for domestic security intelligence purposes. Among these are the Identification Division (maintaining fingerprint records), the Files and Communications Division (managing the storage and retrieval of investigative and intelligence files), and the FBI Laboratory.

 

105 Examples of valuable informant reports include the following: one informant reported a plan to ambush police officers and the location of a cache of weapons and dynamite; another informant reported plans to transport illegally obtained weapons to Washington. D.C.: two informants at one meeting discovered plans to dynamite two city blocks. All of these plans were frustrated by further investigation and protective measures or arrest. (FBI memorandum to Select Committee, 12/10/75; Senate Select Committee Staff memorandum: Intelligence Cases in Which the FBI Prevented Violence, undated.)

 

One example of the use of information in Bureau files involved a “name check” at Secret Service request on certain persons applying for press credentials to cover the visit of a foreign head of state. The discovery of data in FBI files indicating that one such person bad been actively involved with violent groups led to further investigation and ultimately the issuanoe of a search warrant. The search produced evidence, including weapons, of a plot to assassinate the foreign head of state. (FBI memorandum to Senate Select Committee, 2/23/76)

 

106 This figure is the number of “investigative matters” handled by the FBI in this area, including as separate items the investigative leads in particular cases which are followed up by various field offices. (FBI memorandum to Select Committee, 10/6/75.)

 

107 Schackelford 2/13/76, p. 32. This official does not recall any targets of “subversive” investigations having been even referred to a Grand Jury under these statutes since the 1950s.

 

108 FBI Domestic Intelligence Operations — Their Purpose and Scope: Issues That Need To Be Resolved,” Report by the Comptroller General to the House Judiciary Committee, 2/24/76, pp. 138-147. The FBI contends that these statistics may be unfair in that they concentrate on investigations of individuals rather than groups. (Ibid., Appendix V) In response, GAO states that its “sample of organization and control files was sufficient to determine that generally the FBI did not report advance knowledge of planned violence.” In most of the fourteen instances where such advance knowledge was obtained, it related to “such activities as speeches, demonstrations or meetings-all essentially nonviolent.” (Ibid.. p, 144)

 

109 Joseph Califano testimony. 1/27/76, pp. 7-8.

 

110 James Ahern testimony, 1/20/76, pp. 16, 17.

 

111 An indication of the scope of the problem is the increasing number of official representatives of communist governments in the United States. For example the number of Soviet officials in this country has increased from 333 in 1961 to 1,079 by early 1975. There were 2,683 East-West exchange visitors and 1,500 commercial visitors in 1974. (FBI Memorandum, “Intelligence Activities Within the United States by Foreign Governments,” 3/20/75.)

 

112 According to the FBI, there were 89 bombings attributable to terrorist activity in 1975, as compared with 45 in 1974 and 24 in 1973. Six persons died in terrorist-claimed bombings and 76 persons were injured in 1975. Five other deaths were reported in other types of terrorist incidents. Monetary damage reported in terrorist bombings exceeded 2.7 million dollars. It should be noted, however, that terrorist bombings are only a fraction of the total number of bombings in this country. Thus, the 89 terrorist bombings in 1975 were among a total of over 1,900 bombings, most of which were not, according to the FBI , attributable clearly to terrorist activity. (FBI memorandum to Senate Select Committee, 2/23/76.)

Categories: Govenance & Privacy

H. R. 6304 FISA Amendments Act of 2008

March 12th, 2014 No comments

One Hundred Tenth Congress of the United States of America

 

At the Second Session

 

H. R. 6304

 

AN ACT

 

To amend the Foreign Intelligence Surveillance Act of 1978 to establish a procedure for authorizing certain acquisitions of foreign intelligence, and for other purposes.

 

1.

Short title; table of contents

(a)

Short title

This Act may be cited as the “Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008” or the “FISA Amendments Act of 2008”.

(b)

Table of contents

The table of contents for this Act is as follows:

Sec. 1. Short title; table of contents.

Title I—Foreign intelligence surveillance

Sec. 101. Additional procedures regarding certain persons outside the United States.

Sec.  102. Statement of exclusive means by which electronic surveillance and interception of certain communications may be conducted.

Sec. 103. Submittal to Congress of certain court orders under the Foreign Intelligence Surveillance Act of 1978.

Sec. 104. Applications for court orders.

Sec. 105. Issuance of an order.

Sec. 106. Use of information.

Sec. 107. Amendments for physical searches.

Sec. 108. Amendments for emergency pen registers and trap and trace devices.

Sec. 109. Foreign Intelligence Surveillance Court.

Sec. 110. Weapons of mass destruction.

Title II—Protections for electronic communication service providers

Sec. 201. Procedures for implementing statutory defenses under the Foreign Intelligence Surveillance Act of 1978.

Sec. 202. Technical amendments.

Title III—Review of previous actions

Sec. 301. Review of previous actions.

Title IV—Other provisions

Sec. 401. Severability.

Sec. 402. Effective date.

Sec. 403. Repeals.

Sec. 404. Transition procedures.

I

Foreign intelligence surveillance

101.

Additional procedures regarding certain persons outside the United States

(a)

In general

The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is amended—

(1)

by striking title VII; and

(2)

by adding at the end the following:

VII

Additional procedures regarding certain persons outside the United States

701.

Definitions

(a)

In general

The terms agent of a foreign power, Attorney General, contents, electronic surveillance, foreign intelligence information, foreign power, person, United States, and United States person have the meanings given such terms in section 101, except as specifically provided in this title.

(b)

Additional definitions

(1)

Congressional intelligence committees

The term congressional intelligence committees means—

(A)

the Select Committee on Intelligence of the Senate; and

(B)

the Permanent Select Committee on Intelligence of the House of Representatives.

(2)

Foreign Intelligence Surveillance Court; Court

The terms Foreign Intelligence Surveillance Court and Court mean the court established under section 103(a).

(3)

Foreign Intelligence Surveillance Court of Review; Court of Review

The terms Foreign Intelligence Surveillance Court of Review and Court of Review mean the court established under section 103(b).

(4)

Electronic communication service provider

The term electronic communication service provider means—

(A)

a telecommunications carrier, as that term is defined in section 3 of the Communications Act of 1934 (47 U.S.C. 153);

(B)

a provider of electronic communication service, as that term is defined in section 2510 of title 18, United States Code;

(C)

a provider of a remote computing service, as that term is defined in section 2711 of title 18, United States Code;

(D)

any other communication service provider who has access to wire or electronic communications either as such communications are transmitted or as such communications are stored; or

(E)

an officer, employee, or agent of an entity described in subparagraph (A), (B), (C), or (D).

(5)

Intelligence community

The term intelligence community has the meaning given the term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)).

702.

Procedures for targeting certain persons outside the United States other than United States persons

(a)

Authorization

Notwithstanding any other provision of law, upon the issuance of an order in accordance with subsection (i)(3) or a determination under subsection (c)(2), the Attorney General and the Director of National Intelligence may authorize jointly, for a period of up to 1 year from the effective date of the authorization, the targeting of persons reasonably believed to be located outside the United States to acquire foreign intelligence information.

(b)

Limitations

An acquisition authorized under subsection (a)—

(1)

may not intentionally target any person known at the time of acquisition to be located in the United States;

(2)

may not intentionally target a person reasonably believed to be located outside the United States if the purpose of such acquisition is to target a particular, known person reasonably believed to be in the United States;

(3)

may not intentionally target a United States person reasonably believed to be located outside the United States;

(4)

may not intentionally acquire any communication as to which the sender and all intended recipients are known at the time of the acquisition to be located in the United States; and

(5)

shall be conducted in a manner consistent with the fourth amendment to the Constitution of the United States.

(c)

Conduct of acquisition

(1)

In general

An acquisition authorized under subsection (a) shall be conducted only in accordance with—

(A)

the targeting and minimization procedures adopted in accordance with subsections (d) and (e); and

(B)

upon submission of a certification in accordance with subsection (g), such certification.

(2)

Determination

A determination under this paragraph and for purposes of subsection (a) is a determination by the Attorney General and the Director of National Intelligence that exigent circumstances exist because, without immediate implementation of an authorization under subsection (a), intelligence important to the national security of the United States may be lost or not timely acquired and time does not permit the issuance of an order pursuant to subsection (i)(3) prior to the implementation of such authorization.

(3)

Timing of determination

The Attorney General and the Director of National Intelligence may make the determination under paragraph (2)—

(A)

before the submission of a certification in accordance with subsection (g); or

(B)

by amending a certification pursuant to subsection (i)(1)(C) at any time during which judicial review under subsection (i) of such certification is pending.

(4)

Construction

Nothing in title I shall be construed to require an application for a court order under such title for an acquisition that is targeted in accordance with this section at a person reasonably believed to be located outside the United States.

(d)

Targeting procedures

(1)

Requirement to adopt

The Attorney General, in consultation with the Director of National Intelligence, shall adopt targeting procedures that are reasonably designed to—

(A)

ensure that any acquisition authorized under subsection (a) is limited to targeting persons reasonably believed to be located outside the United States; and

(B)

prevent the intentional acquisition of any communication as to which the sender and all intended recipients are known at the time of the acquisition to be located in the United States.

(2)

Judicial review

The procedures adopted in accordance with paragraph (1) shall be subject to judicial review pursuant to subsection (i).

(e)

Minimization procedures

(1)

Requirement to adopt

The Attorney General, in consultation with the Director of National Intelligence, shall adopt minimization procedures that meet the definition of minimization procedures under section 101(h) or 301(4), as appropriate, for acquisitions authorized under subsection (a).

(2)

Judicial review

The minimization procedures adopted in accordance with paragraph (1) shall be subject to judicial review pursuant to subsection (i).

(f)

Guidelines for compliance with limitations

(1)

Requirement to adopt

The Attorney General, in consultation with the Director of National Intelligence, shall adopt guidelines to ensure—

(A)

compliance with the limitations in subsection (b); and

(B)

that an application for a court order is filed as required by this Act.

(2)

Submission of guidelines

The Attorney General shall provide the guidelines adopted in accordance with paragraph (1) to—

(A)

the congressional intelligence committees;

(B)

the Committees on the Judiciary of the Senate and the House of Representatives; and

(C)

the Foreign Intelligence Surveillance Court.

(g)

Certification

(1)

In general

(A)

Requirement

Subject to subparagraph (B), prior to the implementation of an authorization under subsection (a), the Attorney General and the Director of National Intelligence shall provide to the Foreign Intelligence Surveillance Court a written certification and any supporting affidavit, under oath and under seal, in accordance with this subsection.

(B)

Exception

If the Attorney General and the Director of National Intelligence make a determination under subsection (c)(2) and time does not permit the submission of a certification under this subsection prior to the implementation of an authorization under subsection (a), the Attorney General and the Director of National Intelligence shall submit to the Court a certification for such authorization as soon as practicable but in no event later than 7 days after such determination is made.

(2)

Requirements

A certification made under this subsection shall—

(A)

attest that—

(i)

there are procedures in place that have been approved, have been submitted for approval, or will be submitted with the certification for approval by the Foreign Intelligence Surveillance Court that are reasonably designed to—

(I)

ensure that an acquisition authorized under subsection (a) is limited to targeting persons reasonably believed to be located outside the United States; and

(II)

prevent the intentional acquisition of any communication as to which the sender and all intended recipients are known at the time of the acquisition to be located in the United States;

(ii)

the minimization procedures to be used with respect to such acquisition—

(I)

meet the definition of minimization procedures under section 101(h) or 301(4), as appropriate; and

(II)

have been approved, have been submitted for approval, or will be submitted with the certification for approval by the Foreign Intelligence Surveillance Court;

(iii)

guidelines have been adopted in accordance with subsection (f) to ensure compliance with the limitations in subsection (b) and to ensure that an application for a court order is filed as required by this Act;

(iv)

the procedures and guidelines referred to in clauses (i), (ii), and (iii) are consistent with the requirements of the fourth amendment to the Constitution of the United States;

(v)

a significant purpose of the acquisition is to obtain foreign intelligence information;

(vi)

the acquisition involves obtaining foreign intelligence information from or with the assistance of an electronic communication service provider; and

(vii)

the acquisition complies with the limitations in subsection (b);

(B)

include the procedures adopted in accordance with subsections (d) and (e);

(C)

be supported, as appropriate, by the affidavit of any appropriate official in the area of national security who is—

(i)

appointed by the President, by and with the advice and consent of the Senate; or

(ii)

the head of an element of the intelligence community;

(D)

include—

(i)

an effective date for the authorization that is at least 30 days after the submission of the written certification to the court; or

(ii)

if the acquisition has begun or the effective date is less than 30 days after the submission of the written certification to the court, the date the acquisition began or the effective date for the acquisition; and

(E)

if the Attorney General and the Director of National Intelligence make a determination under subsection (c)(2), include a statement that such determination has been made.

(3)

Change in effective date

The Attorney General and the Director of National Intelligence may advance or delay the effective date referred to in paragraph (2)(D) by submitting an amended certification in accordance with subsection (i)(1)(C) to the Foreign Intelligence Surveillance Court for review pursuant to subsection (i).

(4)

Limitation

A certification made under this subsection is not required to identify the specific facilities, places, premises, or property at which an acquisition authorized under subsection (a) will be directed or conducted.

(5)

Maintenance of certification

The Attorney General or a designee of the Attorney General shall maintain a copy of a certification made under this subsection.

(6)

Review

A certification submitted in accordance with this subsection shall be subject to judicial review pursuant to subsection (i).

(h)

Directives and judicial review of directives

(1)

Authority

With respect to an acquisition authorized under subsection (a), the Attorney General and the Director of National Intelligence may direct, in writing, an electronic communication service provider to—

(A)

immediately provide the Government with all information, facilities, or assistance necessary to accomplish the acquisition in a manner that will protect the secrecy of the acquisition and produce a minimum of interference with the services that such electronic communication service provider is providing to the target of the acquisition; and

(B)

maintain under security procedures approved by the Attorney General and the Director of National Intelligence any records concerning the acquisition or the aid furnished that such electronic communication service provider wishes to maintain.

(2)

Compensation

The Government shall compensate, at the prevailing rate, an electronic communication service provider for providing information, facilities, or assistance in accordance with a directive issued pursuant to paragraph (1).

(3)

Release from liability

No cause of action shall lie in any court against any electronic communication service provider for providing any information, facilities, or assistance in accordance with a directive issued pursuant to paragraph (1).

(4)

Challenging of directives

(A)

Authority to challenge

An electronic communication service provider receiving a directive issued pursuant to paragraph (1) may file a petition to modify or set aside such directive with the Foreign Intelligence Surveillance Court, which shall have jurisdiction to review such petition.

(B)

Assignment

The presiding judge of the Court shall assign a petition filed under subparagraph (A) to 1 of the judges serving in the pool established under section 103(e)(1) not later than 24 hours after the filing of such petition.

(C)

Standards for review

A judge considering a petition filed under subparagraph (A) may grant such petition only if the judge finds that the directive does not meet the requirements of this section, or is otherwise unlawful.

(D)

Procedures for initial review

A judge shall conduct an initial review of a petition filed under subparagraph (A) not later than 5 days after being assigned such petition. If the judge determines that such petition does not consist of claims, defenses, or other legal contentions that are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law, the judge shall immediately deny such petition and affirm the directive or any part of the directive that is the subject of such petition and order the recipient to comply with the directive or any part of it. Upon making a determination under this subparagraph or promptly thereafter, the judge shall provide a written statement for the record of the reasons for such determination.

(E)

Procedures for plenary review

If a judge determines that a petition filed under subparagraph (A) requires plenary review, the judge shall affirm, modify, or set aside the directive that is the subject of such petition not later than 30 days after being assigned such petition. If the judge does not set aside the directive, the judge shall immediately affirm or affirm with modifications the directive, and order the recipient to comply with the directive in its entirety or as modified. The judge shall provide a written statement for the record of the reasons for a determination under this subparagraph.

(F)

Continued effect

Any directive not explicitly modified or set aside under this paragraph shall remain in full effect.

(G)

Contempt of court

Failure to obey an order issued under this paragraph may be punished by the Court as contempt of court.

(5)

Enforcement of directives

(A)

Order to compel

If an electronic communication service provider fails to comply with a directive issued pursuant to paragraph (1), the Attorney General may file a petition for an order to compel the electronic communication service provider to comply with the directive with the Foreign Intelligence Surveillance Court, which shall have jurisdiction to review such petition.

(B)

Assignment

The presiding judge of the Court shall assign a petition filed under subparagraph (A) to 1 of the judges serving in the pool established under section 103(e)(1) not later than 24 hours after the filing of such petition.

(C)

Procedures for review

A judge considering a petition filed under subparagraph (A) shall, not later than 30 days after being assigned such petition, issue an order requiring the electronic communication service provider to comply with the directive or any part of it, as issued or as modified, if the judge finds that the directive meets the requirements of this section and is otherwise lawful. The judge shall provide a written statement for the record of the reasons for a determination under this paragraph.

(D)

Contempt of court

Failure to obey an order issued under this paragraph may be punished by the Court as contempt of court.

(E)

Process

Any process under this paragraph may be served in any judicial district in which the electronic communication service provider may be found.

(6)

Appeal

(A)

Appeal to the court of review

The Government or an electronic communication service provider receiving a directive issued pursuant to paragraph (1) may file a petition with the Foreign Intelligence Surveillance Court of Review for review of a decision issued pursuant to paragraph (4) or (5). The Court of Review shall have jurisdiction to consider such petition and shall provide a written statement for the record of the reasons for a decision under this subparagraph.

(B)

Certiorari to the supreme court

The Government or an electronic communication service provider receiving a directive issued pursuant to paragraph (1) may file a petition for a writ of certiorari for review of a decision of the Court of Review issued under subparagraph (A). The record for such review shall be transmitted under seal to the Supreme Court of the United States, which shall have jurisdiction to review such decision.

(i)

Judicial review of certifications and procedures

(1)

In general

(A)

Review by the foreign intelligence surveillance court

The Foreign Intelligence Surveillance Court shall have jurisdiction to review a certification submitted in accordance with subsection (g) and the targeting and minimization procedures adopted in accordance with subsections (d) and (e), and amendments to such certification or such procedures.

(B)

Time period for review

The Court shall review a certification submitted in accordance with subsection (g) and the targeting and minimization procedures adopted in accordance with subsections (d) and (e) and shall complete such review and issue an order under paragraph (3) not later than 30 days after the date on which such certification and such procedures are submitted.

(C)

Amendments

The Attorney General and the Director of National Intelligence may amend a certification submitted in accordance with subsection (g) or the targeting and minimization procedures adopted in accordance with subsections (d) and (e) as necessary at any time, including if the Court is conducting or has completed review of such certification or such procedures, and shall submit the amended certification or amended procedures to the Court not later than 7 days after amending such certification or such procedures. The Court shall review any amendment under this subparagraph under the procedures set forth in this subsection. The Attorney General and the Director of National Intelligence may authorize the use of an amended certification or amended procedures pending the Court’s review of such amended certification or amended procedures.

(2)

Review

The Court shall review the following:

(A)

Certification

A certification submitted in accordance with subsection (g) to determine whether the certification contains all the required elements.

(B)

Targeting procedures

The targeting procedures adopted in accordance with subsection (d) to assess whether the procedures are reasonably designed to—

(i)

ensure that an acquisition authorized under subsection (a) is limited to targeting persons reasonably believed to be located outside the United States; and

(ii)

prevent the intentional acquisition of any communication as to which the sender and all intended recipients are known at the time of the acquisition to be located in the United States.

(C)

Minimization procedures

The minimization procedures adopted in accordance with subsection (e) to assess whether such procedures meet the definition of minimization procedures under section 101(h) or section 301(4), as appropriate.

(3)

Orders

(A)

Approval

If the Court finds that a certification submitted in accordance with subsection (g) contains all the required elements and that the targeting and minimization procedures adopted in accordance with subsections (d) and (e) are consistent with the requirements of those subsections and with the fourth amendment to the Constitution of the United States, the Court shall enter an order approving the certification and the use, or continued use in the case of an acquisition authorized pursuant to a determination under subsection (c)(2), of the procedures for the acquisition.

(B)

Correction of deficiencies

If the Court finds that a certification submitted in accordance with subsection (g) does not contain all the required elements, or that the procedures adopted in accordance with subsections (d) and (e) are not consistent with the requirements of those subsections or the fourth amendment to the Constitution of the United States, the Court shall issue an order directing the Government to, at the Government’s election and to the extent required by the Court’s order—

(i)

correct any deficiency identified by the Court’s order not later than 30 days after the date on which the Court issues the order; or

(ii)

cease, or not begin, the implementation of the authorization for which such certification was submitted.

(C)

Requirement for written statement

In support of an order under this subsection, the Court shall provide, simultaneously with the order, for the record a written statement of the reasons for the order.

(4)

Appeal

(A)

Appeal to the court of review

The Government may file a petition with the Foreign Intelligence Surveillance Court of Review for review of an order under this subsection. The Court of Review shall have jurisdiction to consider such petition. For any decision under this subparagraph affirming, reversing, or modifying an order of the Foreign Intelligence Surveillance Court, the Court of Review shall provide for the record a written statement of the reasons for the decision.

(B)

Continuation of acquisition pending rehearing or appeal

Any acquisition affected by an order under paragraph (3)(B) may continue—

(i)

during the pendency of any rehearing of the order by the Court en banc; and

(ii)

if the Government files a petition for review of an order under this section, until the Court of Review enters an order under subparagraph (C).

(C)

Implementation pending appeal

Not later than 60 days after the filing of a petition for review of an order under paragraph (3)(B) directing the correction of a deficiency, the Court of Review shall determine, and enter a corresponding order regarding, whether all or any part of the correction order, as issued or modified, shall be implemented during the pendency of the review.

(D)

Certiorari to the supreme court

The Government may file a petition for a writ of certiorari for review of a decision of the Court of Review issued under subparagraph (A). The record for such review shall be transmitted under seal to the Supreme Court of the United States, which shall have jurisdiction to review such decision.

(5)

Schedule

(A)

Reauthorization of authorizations in effect

If the Attorney General and the Director of National Intelligence seek to reauthorize or replace an authorization issued under subsection (a), the Attorney General and the Director of National Intelligence shall, to the extent practicable, submit to the Court the certification prepared in accordance with subsection (g) and the procedures adopted in accordance with subsections (d) and (e) at least 30 days prior to the expiration of such authorization.

(B)

Reauthorization of orders, authorizations, and directives

If the Attorney General and the Director of National Intelligence seek to reauthorize or replace an authorization issued under subsection (a) by filing a certification pursuant to subparagraph (A), that authorization, and any directives issued thereunder and any order related thereto, shall remain in effect, notwithstanding the expiration provided for in subsection (a), until the Court issues an order with respect to such certification under paragraph (3) at which time the provisions of that paragraph and paragraph (4) shall apply with respect to such certification.

(j)

Judicial Proceedings

(1)

Expedited judicial proceedings

Judicial proceedings under this section shall be conducted as expeditiously as possible.

(2)

Time limits

A time limit for a judicial decision in this section shall apply unless the Court, the Court of Review, or any judge of either the Court or the Court of Review, by order for reasons stated, extends that time as necessary for good cause in a manner consistent with national security.

(k)

Maintenance and security of records and proceedings

(1)

Standards

The Foreign Intelligence Surveillance Court shall maintain a record of a proceeding under this section, including petitions, appeals, orders, and statements of reasons for a decision, under security measures adopted by the Chief Justice of the United States, in consultation with the Attorney General and the Director of National Intelligence.

(2)

Filing and review

All petitions under this section shall be filed under seal. In any proceedings under this section, the Court shall, upon request of the Government, review ex parte and in camera any Government submission, or portions of a submission, which may include classified information.

(3)

Retention of records

The Attorney General and the Director of National Intelligence shall retain a directive or an order issued under this section for a period of not less than 10 years from the date on which such directive or such order is issued.

(l)

Assessments and reviews

(1)

Semiannual assessment

Not less frequently than once every 6 months, the Attorney General and Director of National Intelligence shall assess compliance with the targeting and minimization procedures adopted in accordance with subsections (d) and (e) and the guidelines adopted in accordance with subsection (f) and shall submit each assessment to—

(A)

the Foreign Intelligence Surveillance Court; and

(B)

consistent with the Rules of the House of Representatives, the Standing Rules of the Senate, and Senate Resolution 400 of the 94th Congress or any successor Senate resolution—

(i)

the congressional intelligence committees; and

(ii)

the Committees on the Judiciary of the House of Representatives and the Senate.

(2)

Agency assessment

The Inspector General of the Department of Justice and the Inspector General of each element of the intelligence community authorized to acquire foreign intelligence information under subsection (a), with respect to the department or element of such Inspector General—

(A)

are authorized to review compliance with the targeting and minimization procedures adopted in accordance with subsections (d) and (e) and the guidelines adopted in accordance with subsection (f);

(B)

with respect to acquisitions authorized under subsection (a), shall review the number of disseminated intelligence reports containing a reference to a United States-person identity and the number of United States-person identities subsequently disseminated by the element concerned in response to requests for identities that were not referred to by name or title in the original reporting;

(C)

with respect to acquisitions authorized under subsection (a), shall review the number of targets that were later determined to be located in the United States and, to the extent possible, whether communications of such targets were reviewed; and

(D)

shall provide each such review to—

(i)

the Attorney General;

(ii)

the Director of National Intelligence; and

(iii)

consistent with the Rules of the House of Representatives, the Standing Rules of the Senate, and Senate Resolution 400 of the 94th Congress or any successor Senate resolution—

(I)

the congressional intelligence committees; and

(II)

the Committees on the Judiciary of the House of Representatives and the Senate.

(3)

Annual review

(A)

Requirement to conduct

The head of each element of the intelligence community conducting an acquisition authorized under subsection (a) shall conduct an annual review to determine whether there is reason to believe that foreign intelligence information has been or will be obtained from the acquisition. The annual review shall provide, with respect to acquisitions authorized under subsection (a)—

(i)

an accounting of the number of disseminated intelligence reports containing a reference to a United States-person identity;

(ii)

an accounting of the number of United States-person identities subsequently disseminated by that element in response to requests for identities that were not referred to by name or title in the original reporting;

(iii)

the number of targets that were later determined to be located in the United States and, to the extent possible, whether communications of such targets were reviewed; and

(iv)

a description of any procedures developed by the head of such element of the intelligence community and approved by the Director of National Intelligence to assess, in a manner consistent with national security, operational requirements and the privacy interests of United States persons, the extent to which the acquisitions authorized under subsection (a) acquire the communications of United States persons, and the results of any such assessment.

(B)

Use of review

The head of each element of the intelligence community that conducts an annual review under subparagraph (A) shall use each such review to evaluate the adequacy of the minimization procedures utilized by such element and, as appropriate, the application of the minimization procedures to a particular acquisition authorized under subsection (a).

(C)

Provision of review

The head of each element of the intelligence community that conducts an annual review under subparagraph (A) shall provide such review to—

(i)

the Foreign Intelligence Surveillance Court;

(ii)

the Attorney General;

(iii)

the Director of National Intelligence; and

(iv)

consistent with the Rules of the House of Representatives, the Standing Rules of the Senate, and Senate Resolution 400 of the 94th Congress or any successor Senate resolution—

(I)

the congressional intelligence committees; and

(II)

the Committees on the Judiciary of the House of Representatives and the Senate.

703.

Certain acquisitions inside the United States targeting United States persons outside the United States

(a)

Jurisdiction of the Foreign Intelligence Surveillance Court

(1)

In general

The Foreign Intelligence Surveillance Court shall have jurisdiction to review an application and to enter an order approving the targeting of a United States person reasonably believed to be located outside the United States to acquire foreign intelligence information, if the acquisition constitutes electronic surveillance or the acquisition of stored electronic communications or stored electronic data that requires an order under this Act, and such acquisition is conducted within the United States.

(2)

Limitation

If a United States person targeted under this subsection is reasonably believed to be located in the United States during the effective period of an order issued pursuant to subsection (c), an acquisition targeting such United States person under this section shall cease unless the targeted United States person is again reasonably believed to be located outside the United States while an order issued pursuant to subsection (c) is in effect. Nothing in this section shall be construed to limit the authority of the Government to seek an order or authorization under, or otherwise engage in any activity that is authorized under, any other title of this Act.

(b)

Application

(1)

In general

Each application for an order under this section shall be made by a Federal officer in writing upon oath or affirmation to a judge having jurisdiction under subsection (a)(1). Each application shall require the approval of the Attorney General based upon the Attorney General’s finding that it satisfies the criteria and requirements of such application, as set forth in this section, and shall include—

(A)

the identity of the Federal officer making the application;

(B)

the identity, if known, or a description of the United States person who is the target of the acquisition;

(C)

a statement of the facts and circumstances relied upon to justify the applicant’s belief that the United States person who is the target of the acquisition is—

(i)

a person reasonably believed to be located outside the United States; and

(ii)

a foreign power, an agent of a foreign power, or an officer or employee of a foreign power;

(D)

a statement of proposed minimization procedures that meet the definition of minimization procedures under section 101(h) or 301(4), as appropriate;

(E)

a description of the nature of the information sought and the type of communications or activities to be subjected to acquisition;

(F)

a certification made by the Attorney General or an official specified in section 104(a)(6) that—

(i)

the certifying official deems the information sought to be foreign intelligence information;

(ii)

a significant purpose of the acquisition is to obtain foreign intelligence information;

(iii)

such information cannot reasonably be obtained by normal investigative techniques;

(iv)

designates the type of foreign intelligence information being sought according to the categories described in section 101(e); and

(v)

includes a statement of the basis for the certification that—

(I)

the information sought is the type of foreign intelligence information designated; and

(II)

such information cannot reasonably be obtained by normal investigative techniques;

(G)

a summary statement of the means by which the acquisition will be conducted and whether physical entry is required to effect the acquisition;

(H)

the identity of any electronic communication service provider necessary to effect the acquisition, provided that the application is not required to identify the specific facilities, places, premises, or property at which the acquisition authorized under this section will be directed or conducted;

(I)

a statement of the facts concerning any previous applications that have been made to any judge of the Foreign Intelligence Surveillance Court involving the United States person specified in the application and the action taken on each previous application; and

(J)

a statement of the period of time for which the acquisition is required to be maintained, provided that such period of time shall not exceed 90 days per application.

(2)

Other requirements of the Attorney General

The Attorney General may require any other affidavit or certification from any other officer in connection with the application.

(3)

Other requirements of the judge

The judge may require the applicant to furnish such other information as may be necessary to make the findings required by subsection (c)(1).

(c)

Order

(1)

Findings

Upon an application made pursuant to subsection (b), the Foreign Intelligence Surveillance Court shall enter an ex parte order as requested or as modified by the Court approving the acquisition if the Court finds that—

(A)

the application has been made by a Federal officer and approved by the Attorney General;

(B)

on the basis of the facts submitted by the applicant, for the United States person who is the target of the acquisition, there is probable cause to believe that the target is—

(i)

a person reasonably believed to be located outside the United States; and

(ii)

a foreign power, an agent of a foreign power, or an officer or employee of a foreign power;

(C)

the proposed minimization procedures meet the definition of minimization procedures under section 101(h) or 301(4), as appropriate; and

(D)

the application that has been filed contains all statements and certifications required by subsection (b) and the certification or certifications are not clearly erroneous on the basis of the statement made under subsection (b)(1)(F)(v) and any other information furnished under subsection (b)(3).

(2)

Probable cause

In determining whether or not probable cause exists for purposes of paragraph (1)(B), a judge having jurisdiction under subsection (a)(1) may consider past activities of the target and facts and circumstances relating to current or future activities of the target. No United States person may be considered a foreign power, agent of a foreign power, or officer or employee of a foreign power solely upon the basis of activities protected by the first amendment to the Constitution of the United States.

(3)

Review

(A)

Limitation on review

Review by a judge having jurisdiction under subsection (a)(1) shall be limited to that required to make the findings described in paragraph (1).

(B)

Review of probable cause

If the judge determines that the facts submitted under subsection (b) are insufficient to establish probable cause under paragraph (1)(B), the judge shall enter an order so stating and provide a written statement for the record of the reasons for the determination. The Government may appeal an order under this subparagraph pursuant to subsection (f).

(C)

Review of minimization procedures

If the judge determines that the proposed minimization procedures referred to in paragraph (1)(C) do not meet the definition of minimization procedures under section 101(h) or 301(4), as appropriate, the judge shall enter an order so stating and provide a written statement for the record of the reasons for the determination. The Government may appeal an order under this subparagraph pursuant to subsection (f).

(D)

Review of certification

If the judge determines that an application pursuant to subsection (b) does not contain all of the required elements, or that the certification or certifications are clearly erroneous on the basis of the statement made under subsection (b)(1)(F)(v) and any other information furnished under subsection (b)(3), the judge shall enter an order so stating and provide a written statement for the record of the reasons for the determination. The Government may appeal an order under this subparagraph pursuant to subsection (f).

(4)

Specifications

An order approving an acquisition under this subsection shall specify—

(A)

the identity, if known, or a description of the United States person who is the target of the acquisition identified or described in the application pursuant to subsection (b)(1)(B);

(B)

if provided in the application pursuant to subsection (b)(1)(H), the nature and location of each of the facilities or places at which the acquisition will be directed;

(C)

the nature of the information sought to be acquired and the type of communications or activities to be subjected to acquisition;

(D)

a summary of the means by which the acquisition will be conducted and whether physical entry is required to effect the acquisition; and

(E)

the period of time during which the acquisition is approved.

(5)

Directives

An order approving an acquisition under this subsection shall direct—

(A)

that the minimization procedures referred to in paragraph (1)(C), as approved or modified by the Court, be followed;

(B)

if applicable, an electronic communication service provider to provide to the Government forthwith all information, facilities, or assistance necessary to accomplish the acquisition authorized under such order in a manner that will protect the secrecy of the acquisition and produce a minimum of interference with the services that such electronic communication service provider is providing to the target of the acquisition;

(C)

if applicable, an electronic communication service provider to maintain under security procedures approved by the Attorney General any records concerning the acquisition or the aid furnished that such electronic communication service provider wishes to maintain; and

(D)

if applicable, that the Government compensate, at the prevailing rate, such electronic communication service provider for providing such information, facilities, or assistance.

(6)

Duration

An order approved under this subsection shall be effective for a period not to exceed 90 days and such order may be renewed for additional 90-day periods upon submission of renewal applications meeting the requirements of subsection (b).

(7)

Compliance

At or prior to the end of the period of time for which an acquisition is approved by an order or extension under this section, the judge may assess compliance with the minimization procedures referred to in paragraph (1)(C) by reviewing the circumstances under which information concerning United States persons was acquired, retained, or disseminated.

(d)

Emergency authorization

(1)

Authority for emergency authorization

Notwithstanding any other provision of this Act, if the Attorney General reasonably determines that—

(A)

an emergency situation exists with respect to the acquisition of foreign intelligence information for which an order may be obtained under subsection (c) before an order authorizing such acquisition can with due diligence be obtained, and

(B)

the factual basis for issuance of an order under this subsection to approve such acquisition exists,

the Attorney General may authorize such acquisition if a judge having jurisdiction under subsection (a)(1) is informed by the Attorney General, or a designee of the Attorney General, at the time of such authorization that the decision has been made to conduct such acquisition and if an application in accordance with this section is made to a judge of the Foreign Intelligence Surveillance Court as soon as practicable, but not more than 7 days after the Attorney General authorizes such acquisition.

(2)

Minimization procedures

If the Attorney General authorizes an acquisition under paragraph (1), the Attorney General shall require that the minimization procedures referred to in subsection (c)(1)(C) for the issuance of a judicial order be followed.

(3)

Termination of emergency authorization

In the absence of a judicial order approving an acquisition under paragraph (1), such acquisition shall terminate when the information sought is obtained, when the application for the order is denied, or after the expiration of 7 days from the time of authorization by the Attorney General, whichever is earliest.

(4)

Use of information

If an application for approval submitted pursuant to paragraph (1) is denied, or in any other case where the acquisition is terminated and no order is issued approving the acquisition, no information obtained or evidence derived from such acquisition, except under circumstances in which the target of the acquisition is determined not to be a United States person, shall be received in evidence or otherwise disclosed in any trial, hearing, or other proceeding in or before any court, grand jury, department, office, agency, regulatory body, legislative committee, or other authority of the United States, a State, or political subdivision thereof, and no information concerning any United States person acquired from such acquisition shall subsequently be used or disclosed in any other manner by Federal officers or employees without the consent of such person, except with the approval of the Attorney General if the information indicates a threat of death or serious bodily harm to any person.

(e)

Release from liability

No cause of action shall lie in any court against any electronic communication service provider for providing any information, facilities, or assistance in accordance with an order or request for emergency assistance issued pursuant to subsection (c) or (d), respectively.

(f)

Appeal

(1)

Appeal to the Foreign Intelligence Surveillance Court of Review

The Government may file a petition with the Foreign Intelligence Surveillance Court of Review for review of an order issued pursuant to subsection (c). The Court of Review shall have jurisdiction to consider such petition and shall provide a written statement for the record of the reasons for a decision under this paragraph.

(2)

Certiorari to the Supreme Court

The Government may file a petition for a writ of certiorari for review of a decision of the Court of Review issued under paragraph (1). The record for such review shall be transmitted under seal to the Supreme Court of the United States, which shall have jurisdiction to review such decision.

(g)

Construction

Except as provided in this section, nothing in this Act shall be construed to require an application for a court order for an acquisition that is targeted in accordance with this section at a United States person reasonably believed to be located outside the United States.

704.

Other acquisitions targeting United States persons outside the United States

(a)

Jurisdiction and scope

(1)

Jurisdiction

The Foreign Intelligence Surveillance Court shall have jurisdiction to enter an order pursuant to subsection (c).

(2)

Scope

No element of the intelligence community may intentionally target, for the purpose of acquiring foreign intelligence information, a United States person reasonably believed to be located outside the United States under circumstances in which the targeted United States person has a reasonable expectation of privacy and a warrant would be required if the acquisition were conducted inside the United States for law enforcement purposes, unless a judge of the Foreign Intelligence Surveillance Court has entered an order with respect to such targeted United States person or the Attorney General has authorized an emergency acquisition pursuant to subsection (c) or (d), respectively, or any other provision of this Act.

(3)

Limitations

(A)

Moving or misidentified targets

If a United States person targeted under this subsection is reasonably believed to be located in the United States during the effective period of an order issued pursuant to subsection (c), an acquisition targeting such United States person under this section shall cease unless the targeted United States person is again reasonably believed to be located outside the United States during the effective period of such order.

(B)

Applicability

If an acquisition for foreign intelligence purposes is to be conducted inside the United States and could be authorized under section 703, the acquisition may only be conducted if authorized under section 703 or in accordance with another provision of this Act other than this section.

(C)

Construction

Nothing in this paragraph shall be construed to limit the authority of the Government to seek an order or authorization under, or otherwise engage in any activity that is authorized under, any other title of this Act.

(b)

Application

Each application for an order under this section shall be made by a Federal officer in writing upon oath or affirmation to a judge having jurisdiction under subsection (a)(1). Each application shall require the approval of the Attorney General based upon the Attorney General’s finding that it satisfies the criteria and requirements of such application as set forth in this section and shall include—

(1)

the identity of the Federal officer making the application;

(2)

the identity, if known, or a description of the specific United States person who is the target of the acquisition;

(3)

a statement of the facts and circumstances relied upon to justify the applicant’s belief that the United States person who is the target of the acquisition is—

(A)

a person reasonably believed to be located outside the United States; and

(B)

a foreign power, an agent of a foreign power, or an officer or employee of a foreign power;

(4)

a statement of proposed minimization procedures that meet the definition of minimization procedures under section 101(h) or 301(4), as appropriate;

(5)

a certification made by the Attorney General, an official specified in section 104(a)(6), or the head of an element of the intelligence community that—

(A)

the certifying official deems the information sought to be foreign intelligence information; and

(B)

a significant purpose of the acquisition is to obtain foreign intelligence information;

(6)

a statement of the facts concerning any previous applications that have been made to any judge of the Foreign Intelligence Surveillance Court involving the United States person specified in the application and the action taken on each previous application; and

(7)

a statement of the period of time for which the acquisition is required to be maintained, provided that such period of time shall not exceed 90 days per application.

(c)

Order

(1)

Findings

Upon an application made pursuant to subsection (b), the Foreign Intelligence Surveillance Court shall enter an ex parte order as requested or as modified by the Court if the Court finds that—

(A)

the application has been made by a Federal officer and approved by the Attorney General;

(B)

on the basis of the facts submitted by the applicant, for the United States person who is the target of the acquisition, there is probable cause to believe that the target is—

(i)

a person reasonably believed to be located outside the United States; and

(ii)

a foreign power, an agent of a foreign power, or an officer or employee of a foreign power;

(C)

the proposed minimization procedures, with respect to their dissemination provisions, meet the definition of minimization procedures under section 101(h) or 301(4), as appropriate; and

(D)

the application that has been filed contains all statements and certifications required by subsection (b) and the certification provided under subsection (b)(5) is not clearly erroneous on the basis of the information furnished under subsection (b).

(2)

Probable cause

In determining whether or not probable cause exists for purposes of paragraph (1)(B), a judge having jurisdiction under subsection (a)(1) may consider past activities of the target and facts and circumstances relating to current or future activities of the target. No United States person may be considered a foreign power, agent of a foreign power, or officer or employee of a foreign power solely upon the basis of activities protected by the first amendment to the Constitution of the United States.

(3)

Review

(A)

Limitations on review

Review by a judge having jurisdiction under subsection (a)(1) shall be limited to that required to make the findings described in paragraph (1). The judge shall not have jurisdiction to review the means by which an acquisition under this section may be conducted.

(B)

Review of probable cause

If the judge determines that the facts submitted under subsection (b) are insufficient to establish probable cause to issue an order under this subsection, the judge shall enter an order so stating and provide a written statement for the record of the reasons for such determination. The Government may appeal an order under this subparagraph pursuant to subsection (e).

(C)

Review of minimization procedures

If the judge determines that the minimization procedures applicable to dissemination of information obtained through an acquisition under this subsection do not meet the definition of minimization procedures under section 101(h) or 301(4), as appropriate, the judge shall enter an order so stating and provide a written statement for the record of the reasons for such determination. The Government may appeal an order under this subparagraph pursuant to subsection (e).

(D)

Scope of review of certification

If the judge determines that an application under subsection (b) does not contain all the required elements, or that the certification provided under subsection (b)(5) is clearly erroneous on the basis of the information furnished under subsection (b), the judge shall enter an order so stating and provide a written statement for the record of the reasons for such determination. The Government may appeal an order under this subparagraph pursuant to subsection (e).

(4)

Duration

An order under this paragraph shall be effective for a period not to exceed 90 days and such order may be renewed for additional 90-day periods upon submission of renewal applications meeting the requirements of subsection (b).

(5)

Compliance

At or prior to the end of the period of time for which an order or extension is granted under this section, the judge may assess compliance with the minimization procedures referred to in paragraph (1)(C) by reviewing the circumstances under which information concerning United States persons was disseminated, provided that the judge may not inquire into the circumstances relating to the conduct of the acquisition.

(d)

Emergency authorization

(1)

Authority for emergency authorization

Notwithstanding any other provision of this section, if the Attorney General reasonably determines that—

(A)

an emergency situation exists with respect to the acquisition of foreign intelligence information for which an order may be obtained under subsection (c) before an order under that subsection can, with due diligence, be obtained, and

(B)

the factual basis for the issuance of an order under this section exists,

the Attorney General may authorize the emergency acquisition if a judge having jurisdiction under subsection (a)(1) is informed by the Attorney General or a designee of the Attorney General at the time of such authorization that the decision has been made to conduct such acquisition and if an application in accordance with this section is made to a judge of the Foreign Intelligence Surveillance Court as soon as practicable, but not more than 7 days after the Attorney General authorizes such acquisition.

(2)

Minimization procedures

If the Attorney General authorizes an emergency acquisition under paragraph (1), the Attorney General shall require that the minimization procedures referred to in subsection (c)(1)(C) be followed.

(3)

Termination of emergency authorization

In the absence of an order under subsection (c), an emergency acquisition under paragraph (1) shall terminate when the information sought is obtained, if the application for the order is denied, or after the expiration of 7 days from the time of authorization by the Attorney General, whichever is earliest.

(4)

Use of information

If an application submitted to the Court pursuant to paragraph (1) is denied, or in any other case where the acquisition is terminated and no order with respect to the target of the acquisition is issued under subsection (c), no information obtained or evidence derived from such acquisition, except under circumstances in which the target of the acquisition is determined not to be a United States person, shall be received in evidence or otherwise disclosed in any trial, hearing, or other proceeding in or before any court, grand jury, department, office, agency, regulatory body, legislative committee, or other authority of the United States, a State, or political subdivision thereof, and no information concerning any United States person acquired from such acquisition shall subsequently be used or disclosed in any other manner by Federal officers or employees without the consent of such person, except with the approval of the Attorney General if the information indicates a threat of death or serious bodily harm to any person.

(e)

Appeal

(1)

Appeal to the court of review

The Government may file a petition with the Foreign Intelligence Surveillance Court of Review for review of an order issued pursuant to subsection (c). The Court of Review shall have jurisdiction to consider such petition and shall provide a written statement for the record of the reasons for a decision under this paragraph.

(2)

Certiorari to the Supreme Court

The Government may file a petition for a writ of certiorari for review of a decision of the Court of Review issued under paragraph (1). The record for such review shall be transmitted under seal to the Supreme Court of the United States, which shall have jurisdiction to review such decision.

705.

Joint applications and concurrent authorizations

(a)

Joint applications and orders

If an acquisition targeting a United States person under section 703 or 704 is proposed to be conducted both inside and outside the United States, a judge having jurisdiction under section 703(a)(1) or 704(a)(1) may issue simultaneously, upon the request of the Government in a joint application complying with the requirements of sections 703(b) and 704(b), orders under sections 703(c) and 704(c), as appropriate.

(b)

Concurrent authorization

If an order authorizing electronic surveillance or physical search has been obtained under section 105 or 304, the Attorney General may authorize, for the effective period of that order, without an order under section 703 or 704, the targeting of that United States person for the purpose of acquiring foreign intelligence information while such person is reasonably believed to be located outside the United States.

706.

Use of information acquired under title VII

(a)

Information acquired under section 702

Information acquired from an acquisition conducted under section 702 shall be deemed to be information acquired from an electronic surveillance pursuant to title I for purposes of section 106, except for the purposes of subsection (j) of such section.

(b)

Information acquired under section 703

Information acquired from an acquisition conducted under section 703 shall be deemed to be information acquired from an electronic surveillance pursuant to title I for purposes of section 106.

707.

Congressional oversight

(a)

Semiannual report

Not less frequently than once every 6 months, the Attorney General shall fully inform, in a manner consistent with national security, the congressional intelligence committees and the Committees on the Judiciary of the Senate and the House of Representatives, consistent with the Rules of the House of Representatives, the Standing Rules of the Senate, and Senate Resolution 400 of the 94th Congress or any successor Senate resolution, concerning the implementation of this title.

(b)

Content

Each report under subsection (a) shall include—

(1)

with respect to section 702—

(A)

any certifications submitted in accordance with section 702(g) during the reporting period;

(B)

with respect to each determination under section 702(c)(2), the reasons for exercising the authority under such section;

(C)

any directives issued under section 702(h) during the reporting period;

(D)

a description of the judicial review during the reporting period of such certifications and targeting and minimization procedures adopted in accordance with subsections (d) and (e) of section 702 and utilized with respect to an acquisition under such section, including a copy of an order or pleading in connection with such review that contains a significant legal interpretation of the provisions of section 702;

(E)

any actions taken to challenge or enforce a directive under paragraph (4) or (5) of section 702(h);

(F)

any compliance reviews conducted by the Attorney General or the Director of National Intelligence of acquisitions authorized under section 702(a);

(G)

a description of any incidents of noncompliance—

(i)

with a directive issued by the Attorney General and the Director of National Intelligence under section 702(h), including incidents of noncompliance by a specified person to whom the Attorney General and Director of National Intelligence issued a directive under section 702(h); and

(ii)

by an element of the intelligence community with procedures and guidelines adopted in accordance with subsections (d), (e), and (f) of section 702; and

(H)

any procedures implementing section 702;

(2)

with respect to section 703—

(A)

the total number of applications made for orders under section 703(b);

(B)

the total number of such orders—

(i)

granted;

(ii)

modified; and

(iii)

denied; and

(C)

the total number of emergency acquisitions authorized by the Attorney General under section 703(d) and the total number of subsequent orders approving or denying such acquisitions; and

(3)

with respect to section 704—

(A)

the total number of applications made for orders under section 704(b);

(B)

the total number of such orders—

(i)

granted;

(ii)

modified; and

(iii)

denied; and

(C)

the total number of emergency acquisitions authorized by the Attorney General under section 704(d) and the total number of subsequent orders approving or denying such applications.

708.

Savings provision

Nothing in this title shall be construed to limit the authority of the Government to seek an order or authorization under, or otherwise engage in any activity that is authorized under, any other title of this Act.

.

(b)

Table of contents

The table of contents in the first section of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is amended—

(1)

by striking the item relating to title VII;

(2)

by striking the item relating to section 701; and

(3)

by adding at the end the following:

TITLE VII—Additional procedures regarding certain persons outside the United States

Sec. 701. Definitions.

Sec. 702. Procedures for targeting certain persons outside the United States other than United States persons.

Sec. 703. Certain acquisitions inside the United States targeting United States persons outside the United States.

Sec. 704. Other acquisitions targeting United States persons outside the United States.

Sec. 705. Joint applications and concurrent authorizations.

Sec. 706. Use of information acquired under title VII.

Sec. 707. Congressional oversight.

Sec. 708. Savings provision.

.

(c)

Technical and conforming amendments

(1)

Title 18, United States Code

Section 2511(2)(a)(ii)(A) of title 18, United States Code, is amended by inserting or a court order pursuant to section 704 of the Foreign Intelligence Surveillance Act of 1978 after assistance.

(2)

Foreign Intelligence Surveillance Act of 1978

Section 601(a)(1) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1871(a)(1)) is amended—

(A)

in subparagraph (C), by striking and; and

(B)

by adding at the end the following new subparagraphs:

(E)

acquisitions under section 703; and

(F)

acquisitions under section 704;

.

102.

Statement of exclusive means by which electronic surveillance and interception of certain communications may be conducted

(a)

Statement of exclusive means

Title I of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is amended by adding at the end the following new section:

112.

Statement of exclusive means by which electronic surveillance and interception of certain communications may be conducted

(a)

Except as provided in subsection (b), the procedures of chapters 119, 121, and 206 of title 18, United States Code, and this Act shall be the exclusive means by which electronic surveillance and the interception of domestic wire, oral, or electronic communications may be conducted.

(b)

Only an express statutory authorization for electronic surveillance or the interception of domestic wire, oral, or electronic communications, other than as an amendment to this Act or chapters 119, 121, or 206 of title 18, United States Code, shall constitute an additional exclusive means for the purpose of subsection (a).

.

(b)

Offense

Section 109(a) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1809(a)) is amended by striking authorized by statute each place it appears and inserting authorized by this Act, chapter 119, 121, or 206 of title 18, United States Code, or any express statutory authorization that is an additional exclusive means for conducting electronic surveillance under section 112.; and

(c)

Conforming amendments

(1)

Title 18, United States Code

Section 2511(2)(a) of title 18, United States Code, is amended by adding at the end the following:

(iii)

If a certification under subparagraph (ii)(B) for assistance to obtain foreign intelligence information is based on statutory authority, the certification shall identify the specific statutory provision and shall certify that the statutory requirements have been met.

; and

(2)

Table of contents

The table of contents in the first section of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is amended by inserting after the item relating to section 111, the following new item:

Sec. 112. Statement of exclusive means by which electronic surveillance and interception of certain communications may be conducted.

.

103.

Submittal to Congress of certain court orders under the Foreign Intelligence Surveillance Act of 1978

(a)

Inclusion of certain orders in semiannual reports of Attorney General

Subsection (a)(5) of section 601 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1871) is amended by striking (not including orders) and inserting , orders,.

(b)

Reports by Attorney General on certain other orders

Such section 601 is further amended by adding at the end the following:

(c)

Submissions to Congress

The Attorney General shall submit to the committees of Congress referred to in subsection (a)—

(1)

a copy of any decision, order, or opinion issued by the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review that includes significant construction or interpretation of any provision of this Act, and any pleadings, applications, or memoranda of law associated with such decision, order, or opinion, not later than 45 days after such decision, order, or opinion is issued; and

(2)

a copy of each such decision, order, or opinion, and any pleadings, applications, or memoranda of law associated with such decision, order, or opinion, that was issued during the 5-year period ending on the date of the enactment of the FISA Amendments Act of 2008 and not previously submitted in a report under subsection (a).

(d)

Protection of national security

The Attorney General, in consultation with the Director of National Intelligence, may authorize redactions of materials described in subsection (c) that are provided to the committees of Congress referred to in subsection (a), if such redactions are necessary to protect the national security of the United States and are limited to sensitive sources and methods information or the identities of targets.

.

(c)

Definitions

Such section 601, as amended by subsections (a) and (b), is further amended by adding at the end the following:

(e)

Definitions

In this section:

(1)

Foreign intelligence surveillance court

The term Foreign Intelligence Surveillance Court means the court established under section 103(a).

(2)

Foreign intelligence surveillance court of review

The term Foreign Intelligence Surveillance Court of Review means the court established under section 103(b).

.

104.

Applications for court orders

Section 104 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1804) is amended—

(1)

in subsection (a)—

(A)

by striking paragraphs (2) and (11);

(B)

by redesignating paragraphs (3) through (10) as paragraphs (2) through (9), respectively;

(C)

in paragraph (5), as redesignated by subparagraph (B) of this paragraph, by striking detailed;

(D)

in paragraph (6), as redesignated by subparagraph (B) of this paragraph, in the matter preceding subparagraph (A)—

(i)

by striking Affairs or and inserting Affairs,; and

(ii)

by striking Senate— and inserting Senate, or the Deputy Director of the Federal Bureau of Investigation, if designated by the President as a certifying official—;

(E)

in paragraph (7), as redesignated by subparagraph (B) of this paragraph, by striking statement of and inserting summary statement of;

(F)

in paragraph (8), as redesignated by subparagraph (B) of this paragraph, by adding and at the end; and

(G)

in paragraph (9), as redesignated by subparagraph (B) of this paragraph, by striking ; and and inserting a period;

(2)

by striking subsection (b);

(3)

by redesignating subsections (c) through (e) as subsections (b) through (d), respectively; and

(4)

in paragraph (1)(A) of subsection (d), as redesignated by paragraph (3) of this subsection, by striking or the Director of National Intelligence and inserting the Director of National Intelligence, or the Director of the Central Intelligence Agency.

105.

Issuance of an order

(a)

In general

Section 105 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1805) is amended—

(1)

in subsection (a)—

(A)

by striking paragraph (1); and

(B)

by redesignating paragraphs (2) through (5) as paragraphs (1) through (4), respectively;

(2)

in subsection (b), by striking (a)(3) and inserting (a)(2);

(3)

in subsection (c)(1)—

(A)

in subparagraph (D), by adding and at the end;

(B)

in subparagraph (E), by striking ; and and inserting a period; and

(C)

by striking subparagraph (F);

(4)

by striking subsection (d);

(5)

by redesignating subsections (e) through (i) as subsections (d) through (h), respectively;

(6)

by amending subsection (e), as redesignated by paragraph (5) of this section, to read as follows:

(e)
(1)

Notwithstanding any other provision of this title, the Attorney General may authorize the emergency employment of electronic surveillance if the Attorney General—

(A)

reasonably determines that an emergency situation exists with respect to the employment of electronic surveillance to obtain foreign intelligence information before an order authorizing such surveillance can with due diligence be obtained;

(B)

reasonably determines that the factual basis for the issuance of an order under this title to approve such electronic surveillance exists;

(C)

informs, either personally or through a designee, a judge having jurisdiction under section 103 at the time of such authorization that the decision has been made to employ emergency electronic surveillance; and

(D)

makes an application in accordance with this title to a judge having jurisdiction under section 103 as soon as practicable, but not later than 7 days after the Attorney General authorizes such surveillance.

(2)

If the Attorney General authorizes the emergency employment of electronic surveillance under paragraph (1), the Attorney General shall require that the minimization procedures required by this title for the issuance of a judicial order be followed.

(3)

In the absence of a judicial order approving such electronic surveillance, the surveillance shall terminate when the information sought is obtained, when the application for the order is denied, or after the expiration of 7 days from the time of authorization by the Attorney General, whichever is earliest.

(4)

A denial of the application made under this subsection may be reviewed as provided in section 103.

(5)

In the event that such application for approval is denied, or in any other case where the electronic surveillance is terminated and no order is issued approving the surveillance, no information obtained or evidence derived from such surveillance shall be received in evidence or otherwise disclosed in any trial, hearing, or other proceeding in or before any court, grand jury, department, office, agency, regulatory body, legislative committee, or other authority of the United States, a State, or political subdivision thereof, and no information concerning any United States person acquired from such surveillance shall subsequently be used or disclosed in any other manner by Federal officers or employees without the consent of such person, except with the approval of the Attorney General if the information indicates a threat of death or serious bodily harm to any person.

(6)

The Attorney General shall assess compliance with the requirements of paragraph (5).

; and

(7)

by adding at the end the following:

(i)

In any case in which the Government makes an application to a judge under this title to conduct electronic surveillance involving communications and the judge grants such application, upon the request of the applicant, the judge shall also authorize the installation and use of pen registers and trap and trace devices, and direct the disclosure of the information set forth in section 402(d)(2).

.

(b)

Conforming amendment

Section 108(a)(2)(C) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1808(a)(2)(C)) is amended by striking 105(f) and inserting 105(e);

106.

Use of information

Subsection (i) of section 106 of the Foreign Intelligence Surveillance Act of 1978 (8 U.S.C. 1806) is amended by striking radio communication and inserting communication.

107.

Amendments for physical searches

(a)

Applications

Section 303 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1823) is amended—

(1)

in subsection (a)—

(A)

by striking paragraph (2);

(B)

by redesignating paragraphs (3) through (9) as paragraphs (2) through (8), respectively;

(C)

in paragraph (2), as redesignated by subparagraph (B) of this paragraph, by striking detailed;

(D)

in paragraph (3)(C), as redesignated by subparagraph (B) of this paragraph, by inserting or is about to be before owned; and

(E)

in paragraph (6), as redesignated by subparagraph (B) of this paragraph, in the matter preceding subparagraph (A)—

(i)

by striking Affairs or and inserting Affairs,; and

(ii)

by striking Senate— and inserting Senate, or the Deputy Director of the Federal Bureau of Investigation, if designated by the President as a certifying official—; and

(2)

in subsection (d)(1)(A), by striking or the Director of National Intelligence and inserting the Director of National Intelligence, or the Director of the Central Intelligence Agency.

(b)

Orders

Section 304 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1824) is amended—

(1)

in subsection (a)—

(A)

by striking paragraph (1);

(B)

by redesignating paragraphs (2) through (5) as paragraphs (1) through (4), respectively; and

(C)

in paragraph (2)(B), as redesignated by subparagraph (B) of this paragraph, by inserting or is about to be before owned; and

(2)

by amending subsection (e) to read as follows:

(e)
(1)

Notwithstanding any other provision of this title, the Attorney General may authorize the emergency employment of a physical search if the Attorney General—

(A)

reasonably determines that an emergency situation exists with respect to the employment of a physical search to obtain foreign intelligence information before an order authorizing such physical search can with due diligence be obtained;

(B)

reasonably determines that the factual basis for issuance of an order under this title to approve such physical search exists;

(C)

informs, either personally or through a designee, a judge of the Foreign Intelligence Surveillance Court at the time of such authorization that the decision has been made to employ an emergency physical search; and

(D)

makes an application in accordance with this title to a judge of the Foreign Intelligence Surveillance Court as soon as practicable, but not more than 7 days after the Attorney General authorizes such physical search.

(2)

If the Attorney General authorizes the emergency employment of a physical search under paragraph (1), the Attorney General shall require that the minimization procedures required by this title for the issuance of a judicial order be followed.

(3)

In the absence of a judicial order approving such physical search, the physical search shall terminate when the information sought is obtained, when the application for the order is denied, or after the expiration of 7 days from the time of authorization by the Attorney General, whichever is earliest.

(4)

A denial of the application made under this subsection may be reviewed as provided in section 103.

(5)

In the event that such application for approval is denied, or in any other case where the physical search is terminated and no order is issued approving the physical search, no information obtained or evidence derived from such physical search shall be received in evidence or otherwise disclosed in any trial, hearing, or other proceeding in or before any court, grand jury, department, office, agency, regulatory body, legislative committee, or other authority of the United States, a State, or political subdivision thereof, and no information concerning any United States person acquired from such physical search shall subsequently be used or disclosed in any other manner by Federal officers or employees without the consent of such person, except with the approval of the Attorney General if the information indicates a threat of death or serious bodily harm to any person.

(6)

The Attorney General shall assess compliance with the requirements of paragraph (5).

.

(c)

Conforming amendments

The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is amended—

(1)

in section 304(a)(4), as redesignated by subsection (b) of this section, by striking 303(a)(7)(E) and inserting 303(a)(6)(E); and

(2)

in section 305(k)(2), by striking 303(a)(7) and inserting 303(a)(6).

108.

Amendments for emergency pen registers and trap and trace devices

Section 403 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1843) is amended—

(1)

in subsection (a)(2), by striking 48 hours and inserting 7 days; and

(2)

in subsection (c)(1)(C), by striking 48 hours and inserting 7 days.

109.

Foreign Intelligence Surveillance Court

(a)

Designation of judges

Subsection (a) of section 103 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803) is amended by inserting at least before seven of the United States judicial circuits.

(b)

En banc authority

(1)

In general

Subsection (a) of section 103 of the Foreign Intelligence Surveillance Act of 1978, as amended by subsection (a) of this section, is further amended—

(A)

by inserting (1) after (a); and

(B)

by adding at the end the following new paragraph:

(2)
(A)

The court established under this subsection may, on its own initiative, or upon the request of the Government in any proceeding or a party under section 501(f) or paragraph (4) or (5) of section 702(h), hold a hearing or rehearing, en banc, when ordered by a majority of the judges that constitute such court upon a determination that—

(i)

en banc consideration is necessary to secure or maintain uniformity of the court’s decisions; or

(ii)

the proceeding involves a question of exceptional importance.

(B)

Any authority granted by this Act to a judge of the court established under this subsection may be exercised by the court en banc. When exercising such authority, the court en banc shall comply with any requirements of this Act on the exercise of such authority.

(C)

For purposes of this paragraph, the court en banc shall consist of all judges who constitute the court established under this subsection.

.

(2)

Conforming amendments

The Foreign Intelligence Surveillance Act of 1978 is further amended—

(A)

in subsection (a) of section 103, as amended by this subsection, by inserting (except when sitting en banc under paragraph (2)) after no judge designated under this subsection; and

(B)

in section 302(c) (50 U.S.C. 1822(c)), by inserting (except when sitting en banc) after except that no judge.

(c)

Stay or modification during an appeal

Section 103 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803) is amended—

(1)

by redesignating subsection (f) as subsection (g); and

(2)

by inserting after subsection (e) the following new subsection:

(f)
(1)

A judge of the court established under subsection (a), the court established under subsection (b) or a judge of that court, or the Supreme Court of the United States or a justice of that court, may, in accordance with the rules of their respective courts, enter a stay of an order or an order modifying an order of the court established under subsection (a) or the court established under subsection (b) entered under any title of this Act, while the court established under subsection (a) conducts a rehearing, while an appeal is pending to the court established under subsection (b), or while a petition of certiorari is pending in the Supreme Court of the United States, or during the pendency of any review by that court.

(2)

The authority described in paragraph (1) shall apply to an order entered under any provision of this Act.

.

(d)

Authority of Foreign Intelligence Surveillance Court

Section 103 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803), as amended by this Act, is amended by adding at the end the following:

(i)

Nothing in this Act shall be construed to reduce or contravene the inherent authority of the court established under subsection (a) to determine or enforce compliance with an order or a rule of such court or with a procedure approved by such court.

.

110.

Weapons of mass destruction

(a)

Definitions

(1)

Foreign power

Subsection (a) of section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801(a)) is amended—

(A)

in paragraph (5), by striking persons; or and inserting persons;;

(B)

in paragraph (6) by striking the period and inserting ; or; and

(C)

by adding at the end the following new paragraph:

(7)

an entity not substantially composed of United States persons that is engaged in the international proliferation of weapons of mass destruction.

.

(2)

Agent of a foreign power

Subsection (b)(1) of such section 101 is amended—

(A)

in subparagraph (B), by striking or at the end;

(B)

in subparagraph (C), by striking or at the end; and

(C)

by adding at the end the following new subparagraphs:

(D)

engages in the international proliferation of weapons of mass destruction, or activities in preparation therefor; or

(E)

engages in the international proliferation of weapons of mass destruction, or activities in preparation therefor for or on behalf of a foreign power; or

.

(3)

Foreign intelligence information

Subsection (e)(1)(B) of such section 101 is amended by striking sabotage or international terrorism and inserting sabotage, international terrorism, or the international proliferation of weapons of mass destruction.

(4)

Weapon of mass destruction

Such section 101 is amended by adding at the end the following new subsection:

(p)

Weapon of mass destruction means—

(1)

any explosive, incendiary, or poison gas device that is designed, intended, or has the capability to cause a mass casualty incident;

(2)

any weapon that is designed, intended, or has the capability to cause death or serious bodily injury to a significant number of persons through the release, dissemination, or impact of toxic or poisonous chemicals or their precursors;

(3)

any weapon involving a biological agent, toxin, or vector (as such terms are defined in section 178 of title 18, United States Code) that is designed, intended, or has the capability to cause death, illness, or serious bodily injury to a significant number of persons; or

(4)

any weapon that is designed, intended, or has the capability to release radiation or radioactivity causing death, illness, or serious bodily injury to a significant number of persons.

.

(b)

Use of information

(1)

In general

Section 106(k)(1)(B) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1806(k)(1)(B)) is amended by striking sabotage or international terrorism and inserting sabotage, international terrorism, or the international proliferation of weapons of mass destruction.

(2)

Physical searches

Section 305(k)(1)(B) of such Act (50 U.S.C. 1825(k)(1)(B)) is amended by striking sabotage or international terrorism and inserting sabotage, international terrorism, or the international proliferation of weapons of mass destruction.

(c)

Technical and conforming amendments

The Foreign Intelligence Surveillance Act of 1978 is further amended—

(1)

in paragraph (2) of section 105(d) (50 U.S.C. 1805(d)), as redesignated by section 105(a)(5) of this Act, by striking section 101(a) (5) or (6) and inserting paragraph (5), (6), or (7) of section 101(a);

(2)

in section 301(1) (50 U.S.C. 1821(1)), by inserting “weapon of mass destruction,” after person,; and

(3)

in section 304(d)(2) (50 U.S.C. 1824(d)(2)), by striking section 101(a) (5) or (6) and inserting paragraph (5), (6), or (7) of section 101(a).

II

Protections for electronic communication service providers

201.

Procedures for implementing statutory defenses under the Foreign Intelligence Surveillance Act of 1978

The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), as amended by section 101, is further amended by adding at the end the following new title:

VIII

Protection of persons assisting the Government

801.

Definitions

In this title:

(1)

Assistance

The term assistance means the provision of, or the provision of access to, information (including communication contents, communications records, or other information relating to a customer or communication), facilities, or another form of assistance.

(2)

Civil action

The term civil action includes a covered civil action.

(3)

Congressional intelligence committees

The term congressional intelligence committees means—

(A)

the Select Committee on Intelligence of the Senate; and

(B)

the Permanent Select Committee on Intelligence of the House of Representatives.

(4)

Contents

The term contents has the meaning given that term in section 101(n).

(5)

Covered civil action

The term covered civil action means a civil action filed in a Federal or State court that—

(A)

alleges that an electronic communication service provider furnished assistance to an element of the intelligence community; and

(B)

seeks monetary or other relief from the electronic communication service provider related to the provision of such assistance.

(6)

Electronic communication service provider

The term electronic communication service provider means—

(A)

a telecommunications carrier, as that term is defined in section 3 of the Communications Act of 1934 (47 U.S.C. 153);

(B)

a provider of electronic communication service, as that term is defined in section 2510 of title 18, United States Code;

(C)

a provider of a remote computing service, as that term is defined in section 2711 of title 18, United States Code;

(D)

any other communication service provider who has access to wire or electronic communications either as such communications are transmitted or as such communications are stored;

(E)

a parent, subsidiary, affiliate, successor, or assignee of an entity described in subparagraph (A), (B), (C), or (D); or

(F)

an officer, employee, or agent of an entity described in subparagraph (A), (B), (C), (D), or (E).

(7)

Intelligence community

The term intelligence community has the meaning given the term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)).

(8)

Person

The term person means—

(A)

an electronic communication service provider; or

(B)

a landlord, custodian, or other person who may be authorized or required to furnish assistance pursuant to—

(i)

an order of the court established under section 103(a) directing such assistance;

(ii)

a certification in writing under section 2511(2)(a)(ii)(B) or 2709(b) of title 18, United States Code; or

(iii)

a directive under section 102(a)(4), 105B(e), as added by section 2 of the Protect America Act of 2007 (Public Law 110–55), or 702(h).

(9)

State

The term State means any State, political subdivision of a State, the Commonwealth of Puerto Rico, the District of Columbia, and any territory or possession of the United States, and includes any officer, public utility commission, or other body authorized to regulate an electronic communication service provider.

802.

Procedures for implementing statutory defenses

(a)

Requirement for certification

Notwithstanding any other provision of law, a civil action may not lie or be maintained in a Federal or State court against any person for providing assistance to an element of the intelligence community, and shall be promptly dismissed, if the Attorney General certifies to the district court of the United States in which such action is pending that—

(1)

any assistance by that person was provided pursuant to an order of the court established under section 103(a) directing such assistance;

(2)

any assistance by that person was provided pursuant to a certification in writing under section 2511(2)(a)(ii)(B) or 2709(b) of title 18, United States Code;

(3)

any assistance by that person was provided pursuant to a directive under section 102(a)(4), 105B(e), as added by section 2 of the Protect America Act of 2007 (Public Law 110–55), or 702(h) directing such assistance;

(4)

in the case of a covered civil action, the assistance alleged to have been provided by the electronic communication service provider was—

(A)

in connection with an intelligence activity involving communications that was—

(i)

authorized by the President during the period beginning on September 11, 2001, and ending on January 17, 2007; and

(ii)

designed to detect or prevent a terrorist attack, or activities in preparation for a terrorist attack, against the United States; and

(B)

the subject of a written request or directive, or a series of written requests or directives, from the Attorney General or the head of an element of the intelligence community (or the deputy of such person) to the electronic communication service provider indicating that the activity was—

(i)

authorized by the President; and

(ii)

determined to be lawful; or

(5)

the person did not provide the alleged assistance.

(b)

Judicial review

(1)

Review of certifications

A certification under subsection (a) shall be given effect unless the court finds that such certification is not supported by substantial evidence provided to the court pursuant to this section.

(2)

Supplemental materials

In its review of a certification under subsection (a), the court may examine the court order, certification, written request, or directive described in subsection (a) and any relevant court order, certification, written request, or directive submitted pursuant to subsection (d).

(c)

Limitations on disclosure

If the Attorney General files a declaration under section 1746 of title 28, United States Code, that disclosure of a certification made pursuant to subsection (a) or the supplemental materials provided pursuant to subsection (b) or (d) would harm the national security of the United States, the court shall—

(1)

review such certification and the supplemental materials in camera and ex parte; and

(2)

limit any public disclosure concerning such certification and the supplemental materials, including any public order following such in camera and ex parte review, to a statement as to whether the case is dismissed and a description of the legal standards that govern the order, without disclosing the paragraph of subsection (a) that is the basis for the certification.

(d)

Role of the parties

Any plaintiff or defendant in a civil action may submit any relevant court order, certification, written request, or directive to the district court referred to in subsection (a) for review and shall be permitted to participate in the briefing or argument of any legal issue in a judicial proceeding conducted pursuant to this section, but only to the extent that such participation does not require the disclosure of classified information to such party. To the extent that classified information is relevant to the proceeding or would be revealed in the determination of an issue, the court shall review such information in camera and ex parte, and shall issue any part of the court’s written order that would reveal classified information in camera and ex parte and maintain such part under seal.

(e)

Nondelegation

The authority and duties of the Attorney General under this section shall be performed by the Attorney General (or Acting Attorney General) or the Deputy Attorney General.

(f)

Appeal

The courts of appeals shall have jurisdiction of appeals from interlocutory orders of the district courts of the United States granting or denying a motion to dismiss or for summary judgment under this section.

(g)

Removal

A civil action against a person for providing assistance to an element of the intelligence community that is brought in a State court shall be deemed to arise under the Constitution and laws of the United States and shall be removable under section 1441 of title 28, United States Code.

(h)

Relationship to other laws

Nothing in this section shall be construed to limit any otherwise available immunity, privilege, or defense under any other provision of law.

(i)

Applicability

This section shall apply to a civil action pending on or filed after the date of the enactment of the FISA Amendments Act of 2008.

803.

Preemption

(a)

In general

No State shall have authority to—

(1)

conduct an investigation into an electronic communication service provider’s alleged assistance to an element of the intelligence community;

(2)

require through regulation or any other means the disclosure of information about an electronic communication service provider’s alleged assistance to an element of the intelligence community;

(3)

impose any administrative sanction on an electronic communication service provider for assistance to an element of the intelligence community; or

(4)

commence or maintain a civil action or other proceeding to enforce a requirement that an electronic communication service provider disclose information concerning alleged assistance to an element of the intelligence community.

(b)

Suits by the United States

The United States may bring suit to enforce the provisions of this section.

(c)

Jurisdiction

The district courts of the United States shall have jurisdiction over any civil action brought by the United States to enforce the provisions of this section.

(d)

Application

This section shall apply to any investigation, action, or proceeding that is pending on or commenced after the date of the enactment of the FISA Amendments Act of 2008.

804.

Reporting

(a)

Semiannual report

Not less frequently than once every 6 months, the Attorney General shall, in a manner consistent with national security, the Rules of the House of Representatives, the Standing Rules of the Senate, and Senate Resolution 400 of the 94th Congress or any successor Senate resolution, fully inform the congressional intelligence committees, the Committee on the Judiciary of the Senate, and the Committee on the Judiciary of the House of Representatives concerning the implementation of this title.

(b)

Content

Each report made under subsection (a) shall include—

(1)

any certifications made under section 802;

(2)

a description of the judicial review of the certifications made under section 802; and

(3)

any actions taken to enforce the provisions of section 803.

.

202.

Technical amendments

The table of contents in the first section of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), as amended by section 101(b), is further amended by adding at the end the following:

Title VIII—Protection of persons assisting the Government

Sec. 801. Definitions.

Sec. 802. Procedures for implementing statutory defenses.

Sec. 803. Preemption.

Sec. 804. Reporting.

.

III

Review of previous actions

301.

Review of previous actions

(a)

Definitions

In this section:

(1)

Appropriate committees of congress

The term appropriate committees of Congress means—

(A)

the Select Committee on Intelligence and the Committee on the Judiciary of the Senate; and

(B)

the Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives.

(2)

Foreign intelligence surveillance court

The term Foreign Intelligence Surveillance Court means the court established under section 103(a) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(a)).

(3)

President’s surveillance program and program

The terms President’s Surveillance Program and Program mean the intelligence activity involving communications that was authorized by the President during the period beginning on September 11, 2001, and ending on January 17, 2007, including the program referred to by the President in a radio address on December 17, 2005 (commonly known as the Terrorist Surveillance Program).

(b)

Reviews

(1)

Requirement to conduct

The Inspectors General of the Department of Justice, the Office of the Director of National Intelligence, the National Security Agency, the Department of Defense, and any other element of the intelligence community that participated in the President’s Surveillance Program, shall complete a comprehensive review of, with respect to the oversight authority and responsibility of each such Inspector General—

(A)

all of the facts necessary to describe the establishment, implementation, product, and use of the product of the Program;

(B)

access to legal reviews of the Program and access to information about the Program;

(C)

communications with, and participation of, individuals and entities in the private sector related to the Program;

(D)

interaction with the Foreign Intelligence Surveillance Court and transition to court orders related to the Program; and

(E)

any other matters identified by any such Inspector General that would enable that Inspector General to complete a review of the Program, with respect to such Department or element.

(2)

Cooperation and coordination

(A)

Cooperation

Each Inspector General required to conduct a review under paragraph (1) shall—

(i)

work in conjunction, to the extent practicable, with any other Inspector General required to conduct such a review; and

(ii)

utilize, to the extent practicable, and not unnecessarily duplicate or delay, such reviews or audits that have been completed or are being undertaken by any such Inspector General or by any other office of the Executive Branch related to the Program.

(B)

Integration of other reviews

The Counsel of the Office of Professional Responsibility of the Department of Justice shall provide the report of any investigation conducted by such Office on matters relating to the Program, including any investigation of the process through which legal reviews of the Program were conducted and the substance of such reviews, to the Inspector General of the Department of Justice, who shall integrate the factual findings and conclusions of such investigation into its review.

(C)

Coordination

The Inspectors General shall designate one of the Inspectors General required to conduct a review under paragraph (1) that is appointed by the President, by and with the advice and consent of the Senate, to coordinate the conduct of the reviews and the preparation of the reports.

(c)

Reports

(1)

Preliminary reports

Not later than 60 days after the date of the enactment of this Act, the Inspectors General of the Department of Justice, the Office of the Director of National Intelligence, the National Security Agency, the Department of Defense, and any other Inspector General required to conduct a review under subsection (b)(1), shall submit to the appropriate committees of Congress an interim report that describes the planned scope of such review.

(2)

Final report

Not later than 1 year after the date of the enactment of this Act, the Inspectors General of the Department of Justice, the Office of the Director of National Intelligence, the National Security Agency, the Department of Defense, and any other Inspector General required to conduct a review under subsection (b)(1), shall submit to the appropriate committees of Congress, in a manner consistent with national security, a comprehensive report on such reviews that includes any recommendations of any such Inspectors General within the oversight authority and responsibility of any such Inspector General with respect to the reviews.

(3)

Form

A report under this subsection shall be submitted in unclassified form, but may include a classified annex. The unclassified report shall not disclose the name or identity of any individual or entity of the private sector that participated in the Program or with whom there was communication about the Program, to the extent that information is classified.

(d)

Resources

(1)

Expedited security clearance

The Director of National Intelligence shall ensure that the process for the investigation and adjudication of an application by an Inspector General or any appropriate staff of an Inspector General for a security clearance necessary for the conduct of the review under subsection (b)(1) is carried out as expeditiously as possible.

(2)

Additional personnel for the inspectors general

An Inspector General required to conduct a review under subsection (b)(1) and submit a report under subsection (c) is authorized to hire such additional personnel as may be necessary to carry out such review and prepare such report in a prompt and timely manner. Personnel authorized to be hired under this paragraph—

(A)

shall perform such duties relating to such a review as the relevant Inspector General shall direct; and

(B)

are in addition to any other personnel authorized by law.

(3)

Transfer of personnel

The Attorney General, the Secretary of Defense, the Director of National Intelligence, the Director of the National Security Agency, or the head of any other element of the intelligence community may transfer personnel to the relevant Office of the Inspector General required to conduct a review under subsection (b)(1) and submit a report under subsection (c) and, in addition to any other personnel authorized by law, are authorized to fill any vacancy caused by such a transfer. Personnel transferred under this paragraph shall perform such duties relating to such review as the relevant Inspector General shall direct.

IV

Other provisions

401.

Severability

If any provision of this Act, any amendment made by this Act, or the application thereof to any person or circumstances is held invalid, the validity of the remainder of the Act, of any such amendments, and of the application of such provisions to other persons and circumstances shall not be affected thereby.

402.

Effective date

Except as provided in section 404, the amendments made by this Act shall take effect on the date of the enactment of this Act.

403.

Repeals

(a)

Repeal of Protect America Act of 2007 provisions

(1)

Amendments to FISA

(A)

In general

Except as provided in section 404, sections 105A, 105B, and 105C of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1805a, 1805b, and 1805c) are repealed.

(B)

Technical and conforming amendments

(i)

Table of contents

The table of contents in the first section of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is amended by striking the items relating to sections 105A, 105B, and 105C.

(ii)

Conforming amendments

Except as provided in section 404, section 103(e) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(e)) is amended—

(I)

in paragraph (1), by striking 105B(h) or 501(f)(1) and inserting 501(f)(1) or 702(h)(4); and

(II)

in paragraph (2), by striking 105B(h) or 501(f)(1) and inserting “501(f)(1) or 702(h)(4)”.

(2)

Reporting requirements

Except as provided in section 404, section 4 of the Protect America Act of 2007 (Public Law 110–55; 121 Stat. 555) is repealed.

(3)

Transition procedures

Except as provided in section 404, subsection (b) of section 6 of the Protect America Act of 2007 (Public Law 110–55; 121 Stat. 556) is repealed.

(b)

FISA Amendments Act of 2008

(1)

In general

Except as provided in section 404, effective December 31, 2012, title VII of the Foreign Intelligence Surveillance Act of 1978, as amended by section 101(a), is repealed.

(2)

Technical and conforming amendments

Effective December 31, 2012—

(A)

the table of contents in the first section of such Act (50 U.S.C. 1801 et seq.) is amended by striking the items related to title VII;

(B)

except as provided in section 404, section 601(a)(1) of such Act (50 U.S.C. 1871(a)(1)) is amended to read as such section read on the day before the date of the enactment of this Act; and

(C)

except as provided in section 404, section 2511(2)(a)(ii)(A) of title 18, United States Code, is amended by striking or a court order pursuant to section 704 of the Foreign Intelligence Surveillance Act of 1978.

404.

Transition procedures

(a)

Transition procedures for Protect America Act of 2007 provisions

(1)

Continued effect of orders, authorizations, directives

Except as provided in paragraph (7), notwithstanding any other provision of law, any order, authorization, or directive issued or made pursuant to section 105B of the Foreign Intelligence Surveillance Act of 1978, as added by section 2 of the Protect America Act of 2007 (Public Law 110–55; 121 Stat. 552), shall continue in effect until the expiration of such order, authorization, or directive.

(2)

Applicability of Protect America Act of 2007 to continued orders, authorizations, directives

Notwithstanding any other provision of this Act, any amendment made by this Act, or the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.)—

(A)

subject to paragraph (3), section 105A of such Act, as added by section 2 of the Protect America Act of 2007 (Public Law 110–55; 121 Stat. 552), shall continue to apply to any acquisition conducted pursuant to an order, authorization, or directive referred to in paragraph (1); and

(B)

sections 105B and 105C of the Foreign Intelligence Surveillance Act of 1978, as added by sections 2 and 3, respectively, of the Protect America Act of 2007, shall continue to apply with respect to an order, authorization, or directive referred to in paragraph (1) until the later of—

(i)

the expiration of such order, authorization, or directive; or

(ii)

the date on which final judgment is entered for any petition or other litigation relating to such order, authorization, or directive.

(3)

Use of information

Information acquired from an acquisition conducted pursuant to an order, authorization, or directive referred to in paragraph (1) shall be deemed to be information acquired from an electronic surveillance pursuant to title I of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) for purposes of section 106 of such Act (50 U.S.C. 1806), except for purposes of subsection (j) of such section.

(4)

Protection from liability

Subsection (l) of section 105B of the Foreign Intelligence Surveillance Act of 1978, as added by section 2 of the Protect America Act of 2007, shall continue to apply with respect to any directives issued pursuant to such section 105B.

(5)

Jurisdiction of Foreign Intelligence Surveillance Court

Notwithstanding any other provision of this Act or of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), section 103(e) of the Foreign Intelligence Surveillance Act (50 U.S.C. 1803(e)), as amended by section 5(a) of the Protect America Act of 2007 (Public Law 110–55; 121 Stat. 556), shall continue to apply with respect to a directive issued pursuant to section 105B of the Foreign Intelligence Surveillance Act of 1978, as added by section 2 of the Protect America Act of 2007, until the later of—

(A)

the expiration of all orders, authorizations, or directives referred to in paragraph (1); or

(B)

the date on which final judgment is entered for any petition or other litigation relating to such order, authorization, or directive.

(6)

Reporting requirements

(A)

Continued applicability

Notwithstanding any other provision of this Act, any amendment made by this Act, the Protect America Act of 2007 (Public Law 110–55), or the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), section 4 of the Protect America Act of 2007 shall continue to apply until the date that the certification described in subparagraph (B) is submitted.

(B)

Certification

The certification described in this subparagraph is a certification—

(i)

made by the Attorney General;

(ii)

submitted as part of a semi-annual report required by section 4 of the Protect America Act of 2007;

(iii)

that states that there will be no further acquisitions carried out under section 105B of the Foreign Intelligence Surveillance Act of 1978, as added by section 2 of the Protect America Act of 2007, after the date of such certification; and

(iv)

that states that the information required to be included under such section 4 relating to any acquisition conducted under such section 105B has been included in a semi-annual report required by such section 4.

(7)

Replacement of orders, authorizations, and directives

(A)

In general

If the Attorney General and the Director of National Intelligence seek to replace an authorization issued pursuant to section 105B of the Foreign Intelligence Surveillance Act of 1978, as added by section 2 of the Protect America Act of 2007 (Public Law 110–55), with an authorization under section 702 of the Foreign Intelligence Surveillance Act of 1978 (as added by section 101(a) of this Act), the Attorney General and the Director of National Intelligence shall, to the extent practicable, submit to the Foreign Intelligence Surveillance Court (as such term is defined in section 701(b)(2) of such Act (as so added)) a certification prepared in accordance with subsection (g) of such section 702 and the procedures adopted in accordance with subsections (d) and (e) of such section 702 at least 30 days before the expiration of such authorization.

(B)

Continuation of existing orders

If the Attorney General and the Director of National Intelligence seek to replace an authorization made pursuant to section 105B of the Foreign Intelligence Surveillance Act of 1978, as added by section 2 of the Protect America Act of 2007 (Public Law 110–55; 121 Stat. 522), by filing a certification in accordance with subparagraph (A), that authorization, and any directives issued thereunder and any order related thereto, shall remain in effect, notwithstanding the expiration provided for in subsection (a) of such section 105B, until the Foreign Intelligence Surveillance Court (as such term is defined in section 701(b)(2) of the Foreign Intelligence Surveillance Act of 1978 (as so added)) issues an order with respect to that certification under section 702(i)(3) of such Act (as so added) at which time the provisions of that section and of section 702(i)(4) of such Act (as so added) shall apply.

(8)

Effective date

Paragraphs (1) through (7) shall take effect as if enacted on August 5, 2007.

(b)

Transition procedures for FISA Amendments Act of 2008 provisions

(1)

Orders in effect on December 31, 2012

Notwithstanding any other provision of this Act, any amendment made by this Act, or the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), any order, authorization, or directive issued or made under title VII of the Foreign Intelligence Surveillance Act of 1978, as amended by section 101(a), shall continue in effect until the date of the expiration of such order, authorization, or directive.

(2)

Applicability of Title VII of FISA to continued orders, authorizations, directives

Notwithstanding any other provision of this Act, any amendment made by this Act, or the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), with respect to any order, authorization, or directive referred to in paragraph (1), title VII of such Act, as amended by section 101(a), shall continue to apply until the later of—

(A)

the expiration of such order, authorization, or directive; or

(B)

the date on which final judgment is entered for any petition or other litigation relating to such order, authorization, or directive.

(3)

Challenge of directives; protection from liability; use of information

Notwithstanding any other provision of this Act or of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.)—

(A)

section 103(e) of such Act, as amended by section 403(a)(1)(B)(ii), shall continue to apply with respect to any directive issued pursuant to section 702(h) of such Act, as added by section 101(a);

(B)

section 702(h)(3) of such Act (as so added) shall continue to apply with respect to any directive issued pursuant to section 702(h) of such Act (as so added);

(C)

section 703(e) of such Act (as so added) shall continue to apply with respect to an order or request for emergency assistance under that section;

(D)

section 706 of such Act (as so added) shall continue to apply to an acquisition conducted under section 702 or 703 of such Act (as so added); and

(E)

section 2511(2)(a)(ii)(A) of title 18, United States Code, as amended by section 101(c)(1), shall continue to apply to an order issued pursuant to section 704 of the Foreign Intelligence Surveillance Act of 1978, as added by section 101(a).

(4)

Reporting requirements

(A)

Continued applicability

Notwithstanding any other provision of this Act or of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), section 601(a) of such Act (50 U.S.C. 1871(a)), as amended by section 101(c)(2), and sections 702(l) and 707 of such Act, as added by section 101(a), shall continue to apply until the date that the certification described in subparagraph (B) is submitted.

(B)

Certification

The certification described in this subparagraph is a certification—

(i)

made by the Attorney General;

(ii)

submitted to the Select Committee on Intelligence of the Senate, the Permanent Select Committee on Intelligence of the House of Representatives, and the Committees on the Judiciary of the Senate and the House of Representatives;

(iii)

that states that there will be no further acquisitions carried out under title VII of the Foreign Intelligence Surveillance Act of 1978, as amended by section 101(a), after the date of such certification; and

(iv)

that states that the information required to be included in a review, assessment, or report under section 601 of such Act, as amended by section 101(c), or section 702(l) or 707 of such Act, as added by section 101(a), relating to any acquisition conducted under title VII of such Act, as amended by section 101(a), has been included in a review, assessment, or report under such section 601, 702(l), or 707.

(5)

Transition procedures concerning the targeting of United States persons overseas

Any authorization in effect on the date of enactment of this Act under section 2.5 of Executive Order 12333 to intentionally target a United States person reasonably believed to be located outside the United States shall continue in effect, and shall constitute a sufficient basis for conducting such an acquisition targeting a United States person located outside the United States until the earlier of—

(A)

the date that authorization expires; or

(B)

the date that is 90 days after the date of the enactment of this Act.

 

Speaker of the House of Representatives.

Vice President of the United States and President of the Senate.

 

Categories: Govenance & Privacy

USA Patriot Act

February 10th, 2014 No comments

PUBLIC LAW 107–56—OCT. 26, 2001

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

 

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.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

(a)  SHORT TITLE.—This Act may be cited as the “Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001”.

(b)  TABLE OF CONTENTS.—The table of contents for this Act is as follows:

Sec. 1. Short title and table of contents. Sec. 2. Construction; severability.

TITLE I—ENHANCING DOMESTIC SECURITY AGAINST TERRORISM

Sec. 101. Counterterrorism fund.

Sec. 102. Sense of Congress condemning discrimination against Arab and Muslim

Americans.

Sec. 103. Increased funding for the technical support center at the Federal Bureau

of Investigation.

Sec. 104. Requests for military assistance to enforce prohibition in certain emer‑

gencies.

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 Surveil‑

lance Act.

Sec. 216. Modification of authorities relating to use of pen registers and trap and

trace devices.

 

Sec. 217. Interception of computer trespasser communications.

Sec. 218. Foreign intelligence information.

Sec. 219. Single-jurisdiction search warrants for terrorism.

Sec. 220. Nationwide service of search warrants for electronic evidence.

Sec. 221. Trade sanctions.

Sec. 222. Assistance to law enforcement agencies.

Sec. 223. Civil liability for certain unauthorized disclosures.

Sec. 224. Sunset.

Sec. 225. Immunity for compliance with FISA wiretap.

TITLE III—INTERNATIONAL MONEY LAUNDERING ABATEMENT AND ANTI­TERRORIST 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 ac‑

counts.

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 record‑

keeping 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 employ‑

ment references.

Sec. 356. Reporting of suspicious activities by securities brokers and dealers; in‑

vestment company study.

Sec. 357. Special report on administration of bank secrecy provisions.

Sec. 358. Bank secrecy provisions and activities of United States intelligence agen‑

cies to fight international terrorism.

Sec. 359. Reporting of suspicious activities by underground banking systems.

Sec. 360. Use of authority of United States Executive Directors.

Sec. 361. Financial crimes enforcement network.

Sec. 362. Establishment of highly secure network.

Sec. 363. Increase in civil and criminal penalties for money laundering.

Sec. 364. Uniform protection authority for Federal Reserve facilities.

Sec. 365. Reports relating to coins and currency received in nonfinancial trade or

business.

Sec. 366. Efficient use of currency transaction report system.

Subtitle C—Currency Crimes and Protection

Sec. 371. Bulk cash smuggling into or out of the United States. Sec. 372. Forfeiture in currency reporting cases.

 

Sec. 373. Illegal money transmitting businesses. Sec. 374. Counterfeiting domestic currency and obligations. Sec. 375. Counterfeiting foreign currency and obligations. Sec. 376. Laundering the proceeds of terrorism.

Sec. 377. Extraterritorial jurisdiction.

TITLE IV—PROTECTING THE BORDER
Subtitle A—Protecting the Northern Border

Sec. 401. Ensuring adequate personnel on the northern border.

Sec. 402. Northern border personnel.

Sec. 403. Access by the Department of State and the INS to certain identifying in­formation in the criminal history records of visa applicants and appli­cants for admission to the United States.

Sec. 404. Limited authority to pay overtime.

Sec. 405. Report on the integrated automated fingerprint identification system for ports of entry and overseas consular posts.

Subtitle B—Enhanced Immigration Provisions

Sec. 411. Definitions relating to terrorism.

Sec. 412. Mandatory detention of suspected terrorists; habeas corpus; judicial re‑

view.

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 Federal­State-local law enforcement response related to terrorist attacks.

 

TITLE VIII—STRENGTHENING THE CRIMINAL LAWS AGAINST TERRORISM

Sec. 801. Terrorist attacks and other acts of violence against mass transportation

systems.

Sec. 802. Definition of domestic terrorism.

Sec. 803. Prohibition against harboring terrorists.

Sec. 804. Jurisdiction over crimes committed at U.S. facilities abroad.

Sec. 805. Material support for terrorism.

Sec. 806. Assets of terrorist organizations.

Sec. 807. Technical clarification relating to provision of material support to ter‑

rorism.

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 re‑

sponse 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 intel‑

ligence collected under Foreign Intelligence Surveillance Act of 1978. Sec. 902. Inclusion of international terrorist activities within scope of foreign intel‑

ligence 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 ac‑

cess 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 installa‑

tions.

Sec. 1011. Crimes against charitable americans.

Sec. 1012. Limitation on issuance of hazmat licenses.

Sec. 1013. Expressing the sense of the senate concerning the provision of funding

for bioterrorism preparedness and response.

Sec. 1014. Grant program for State and local domestic preparedness support.

Sec. 1015. Expansion and reauthorization of the crime identification technology act

for antiterrorism grants to States and localities.

Sec. 1016. Critical infrastructures protection.

SEC. 2. CONSTRUCTION; SEVERABILITY.

Any provision of this Act held to be invalid or unenforceable by its terms, or as applied to any person or circumstance, shall be construed so as to give it the maximum effect permitted by law, unless such holding shall be one of utter invalidity or unenforceability, in which event such provision shall be deemed

 

severable from this Act and shall not affect the remainder thereof or the application of such provision to other persons not similarly situated or to other, dissimilar circumstances.

TITLE I—ENHANCING DOMESTIC
SECURITY AGAINST TERRORISM

SEC. 101. COUNTERTERRORISM FUND.

(a) ESTABLISHMENT; AVAILABILITY.—There is hereby established in the Treasury of the United States a separate fund to be known as the “Counterterrorism Fund”, amounts in which shall remain available without fiscal year limitation—

(1) to reimburse any Department of Justice component for any costs incurred in connection with—

(A)  reestablishing the operational capability of an office or facility that has been damaged or destroyed as the result of any domestic or international terrorism incident;

(B)   providing support to counter, investigate, or pros­ecute domestic or international terrorism, including, with­out limitation, paying rewards in connection with these activities; and

(C)   conducting terrorism threat assessments of Federal agencies and their facilities; and

(2) to reimburse any department or agency of the Federal Government for any costs incurred in connection with detaining in foreign countries individuals accused of acts of terrorism that violate the laws of the United States.

(b) NO EFFECT ON PRIOR APPROPRIATIONS.—Subsection (a) shall not be construed to affect the amount or availability of any appro­priation to the Counterterrorism Fund made before the date of the enactment of this Act.

SEC. 102. SENSE OF CONGRESS CONDEMNING DISCRIMINATION AGAINST ARAB AND MUSLIM AMERICANS.

(a) FINDINGS.—Congress makes the following findings:

(1)  Arab Americans, Muslim Americans, and Americans from South Asia play a vital role in our Nation and are entitled to nothing less than the full rights of every American.

(2)  The acts of violence that have been taken against Arab and Muslim Americans since the September 11, 2001, attacks against the United States should be and are condemned by all Americans who value freedom.

(3)  The concept of individual responsibility for wrongdoing is sacrosanct in American society, and applies equally to all religious, racial, and ethnic groups.

(4)  When American citizens commit acts of violence against those who are, or are perceived to be, of Arab or Muslim descent, they should be punished to the full extent of the law.

(5)  Muslim Americans have become so fearful of harass­ment that many Muslim women are changing the way they dress to avoid becoming targets.

(6)  Many Arab Americans and Muslim Americans have acted heroically during the attacks on the United States, including Mohammed Salman Hamdani, a 23-year-old New Yorker of Pakistani descent, who is believed to have gone

 

to the World Trade Center to offer rescue assistance and is now missing.

(b) SENSE OF CONGRESS.—It is the sense of Congress that—

(1)  the civil rights and civil liberties of all Americans, including Arab Americans, Muslim Americans, and Americans from South Asia, must be protected, and that every effort must be taken to preserve their safety;

(2)  any acts of violence or discrimination against any Americans be condemned; and

(3)  the Nation is called upon to recognize the patriotism of fellow citizens from all ethnic, racial, and religious back­grounds.

SEC. 103. INCREASED FUNDING FOR THE TECHNICAL SUPPORT CENTER AT THE FEDERAL BUREAU OF INVESTIGATION.

There are authorized to be appropriated for the Technical Sup­port Center established in section 811 of the Antiterrorism and Effective Death Penalty Act of 1996 (Public Law 104–132) to help meet the demands for activities to combat terrorism and support and enhance the technical support and tactical operations of the FBI, $200,000,000 for each of the fiscal years 2002, 2003, and 2004.

SEC. 104. REQUESTS FOR MILITARY ASSISTANCE TO ENFORCE PROHIBITION IN CERTAIN EMERGENCIES.

Section 2332e of title 18, United States Code, is amended—

(1)    by striking “2332c” and inserting “2332a”; and

(2)    by striking “chemical”.

SEC. 105. EXPANSION OF NATIONAL ELECTRONIC CRIME TASK FORCE INITIATIVE.

The Director of the United States Secret Service shall take appropriate actions to develop a national network of electronic crime task forces, based on the New York Electronic Crimes Task Force model, throughout the United States, for the purpose of preventing, detecting, and investigating various forms of electronic crimes, including potential terrorist attacks against critical infra­structure and financial payment systems.

SEC. 106. PRESIDENTIAL AUTHORITY.

Section 203 of the International Emergency Powers Act (50 U.S.C. 1702) is amended—

(1) in subsection (a)(1)—

(A) at the end of subparagraph (A) (flush to that subparagraph), by striking “; and” and inserting a comma and the following:

“by any person, or with respect to any property, subject to the jurisdiction of the United States;”;

(B) in subparagraph (B)—

(i)     by inserting “, block during the pendency of an investigation” after “investigate”; and

(ii)   by striking “interest;” and inserting “interest by any person, or with respect to any property, subject to the jurisdiction of the United States; and”;

(C) by striking “by any person, or with respect to any property, subject to the jurisdiction of the United States‘; and

(D) by inserting at the end the following:

 

“(C) when the United States is engaged in armed hos­tilities or has been attacked by a foreign country or foreign nationals, confiscate any property, subject to the jurisdic­tion of the United States, of any foreign person, foreign organization, or foreign country that he determines has planned, authorized, aided, or engaged in such hostilities or attacks against the United States; and all right, title, and interest in any property so confiscated shall vest, when, as, and upon the terms directed by the President, in such agency or person as the President may designate from time to time, and upon such terms and conditions as the President may prescribe, such interest or property shall be held, used, administered, liquidated, sold, or otherwise dealt with in the interest of and for the benefit of the United States, and such designated agency or person may perform any and all acts incident to the accomplishment or furtherance of these purposes.”; and

(2) by inserting at the end the following:

“(c) CLASSIFIED INFORMATION.—In any judicial review of a determination made under this section, if the determination was based on classified information (as defined in section 1(a) of the Classified Information Procedures Act) such information may be submitted to the reviewing court ex parte and in camera. This subsection does not confer or imply any right to judicial review.”.

TITLE II—ENHANCED SURVEILLANCE
PROCEDURES

SEC. 201. AUTHORITY TO INTERCEPT WIRE, ORAL, AND ELECTRONIC COMMUNICATIONS RELATING TO TERRORISM.

Section 2516(1) of title 18, United States Code, is amended—

(1)  by redesignating paragraph (p), as so redesignated by section 434(2) of the Antiterrorism and Effective Death Penalty Act of 1996 (Public Law 104–132; 110 Stat. 1274), as paragraph (r); and

(2)  by inserting after paragraph (p), as so redesignated by section 201(3) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104–208; 110 Stat. 3009–565), the following new para­graph:

“(q) any criminal violation of section 229 (relating to chemical weapons); or sections 2332, 2332a, 2332b, 2332d, 2339A, or 2339B of this title (relating to terrorism); or”.

SEC. 202. AUTHORITY TO INTERCEPT WIRE, ORAL, AND ELECTRONIC COMMUNICATIONS RELATING TO COMPUTER FRAUD AND ABUSE OFFENSES.

Section 2516(1)(c) of title 18, United States Code, is amended by striking “and section 1341 (relating to mail fraud),” and inserting “section 1341 (relating to mail fraud), a felony violation of section 1030 (relating to computer fraud and abuse),”.

 

(1) IN GENERAL.—Rule 6(e)(3)(C) of the Federal Rules of Criminal Procedure is amended to read as follows:

“(C)(i) Disclosure otherwise prohibited by this rule of matters occurring before the grand jury may also be made—

“(I)         when so directed by a court preliminarily to or in connection with a judicial proceeding;

“(II)   when permitted by a court at the request of the defendant, upon a showing that grounds may exist for a motion to dismiss the indictment because of matters occurring before the grand jury;

“(III) when the disclosure is made by an attorney for the government to another Federal grand jury;

“(IV) when permitted by a court at the request of an attorney for the government, upon a showing that such matters may disclose a violation of State criminal law, to an appropriate official of a State or subdivision of a State for the purpose of enforcing such law; or

“(V)   when the matters involve foreign intelligence or counterintelligence (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 401a)), or foreign intelligence information (as defined in clause (iv) of this subparagraph), to any Federal law enforce­ment, intelligence, protective, immigration, national defense, or national security official in order to assist the official receiving that information in the perform­ance of his official duties.

“(ii)If the court orders disclosure of matters occurring before the grand jury, the disclosure shall be made in such manner, at such time, and under such conditions as the court may direct.

“(iii)               Any Federal official to whom information is dis­closed pursuant to clause (i)(V) of this subparagraph may use that information only as necessary in the conduct of that person’s official duties subject to any limitations on the unauthorized disclosure of such information. Within a reasonable time after such disclosure, an attorney for the government shall file under seal a notice with the court stating the fact that such information was disclosed and the departments, agencies, or entities to which the disclosure was made.

“(iv)               In clause (i)(V) of this subparagraph, the term ‘foreign intelligence information’ means—

“(I) information, whether or not concerning a United States person, that relates to the ability of the United States to protect against—

“(aa) actual or potential attack or other grave hostile acts of a foreign power or an agent of a foreign power;

“(bb) sabotage or international terrorism by a foreign power or an agent of a foreign power; or

“(cc) clandestine intelligence activities by an intelligence service or network of a foreign power or by an agent of foreign power; or

 

“(II) information, whether or not concerning a United States person, with respect to a foreign power or foreign territory that relates to—

“(aa) the national defense or the security of the United States; or

“(bb) the conduct of the foreign affairs of the United States.”.

(2) CONFORMING AMENDMENT.—Rule 6(e)(3)(D) of the Fed­eral Rules of Criminal Procedure is amended by striking “(e)(3)(C)(i)” and inserting “(e)(3)(C)(i)(I)”.

(b) AUTHORITY TO SHARE ELECTRONIC, WIRE, AND ORAL INTER­CEPTION INFORMATION.—

(1)  LAW ENFORCEMENT.—Section 2517 of title 18, United

States Code, is amended by inserting at the end the following:

“(6) Any investigative or law enforcement officer, or attorney for the Government, who by any means authorized by this chapter, has obtained knowledge of the contents of any wire, oral, or elec­tronic communication, or evidence derived therefrom, may disclose such contents to any other Federal law enforcement, intelligence, protective, immigration, national defense, or national security offi­cial to the extent that such contents include foreign intelligence or counterintelligence (as defined in section 3 of the National Secu­rity Act of 1947 (50 U.S.C. 401a)), or foreign intelligence information (as defined in subsection (19) of section 2510 of this title), to assist the official who is to receive that information in the perform­ance of his official duties. Any Federal official who receives informa­tion pursuant to this provision may use that information only as necessary in the conduct of that person’s official duties subject to any limitations on the unauthorized disclosure of such informa­tion.”.

(2)  DEFINITION.—Section 2510 of title 18, United States Code, is amended by—

(A)       in paragraph (17), by striking “and” after the semi­colon;

(B)       in paragraph (18), by striking the period and inserting “; and”; and

(C)       by inserting at the end the following: “(19) ‘foreign intelligence information’ means—

“(A) information, whether or not concerning a United States person, that relates to the ability of the United States to protect against—

“(i)  actual or potential attack or other grave hostile acts of a foreign power or an agent of a foreign power;

“(ii)sabotage or international terrorism by a for­eign power or an agent of a foreign power; or

“(iii)                clandestine intelligence activities by an intel­ligence service or network of a foreign power or by an agent of a foreign power; or

“(B) information, whether or not concerning a United States person, with respect to a foreign power or foreign territory that relates to—

“(i)  the national defense or the security of the United States; or

“(ii)the conduct of the foreign affairs of the United States.”.

(c) PROCEDURES.—The Attorney General shall establish proce­dures for the disclosure of information pursuant to section 2517(6)

 

and Rule 6(e)(3)(C)(i)(V) of the Federal Rules of Criminal Procedure that identifies a United States person, as defined in section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801)).

(d) FOREIGN INTELLIGENCE INFORMATION.—

(1)  IN GENERAL.—Notwithstanding any other provision of law, it shall be lawful for foreign intelligence or counterintel­ligence (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 401a)) or foreign intelligence information obtained as part of a criminal investigation to be disclosed to any Federal law enforcement, intelligence, protective, immigration, national defense, or national security official in order to assist the official receiving that information in the performance of his official duties. Any Federal official who receives information pursuant to this provision may use that information only as necessary in the conduct of that person’s official duties subject to any limitations on the unauthorized disclosure of such information.

(2)  DEFINITION.—In this subsection, the term “foreign intel­ligence information” means—

(A) information, whether or not concerning a United States person, that relates to the ability of the United States to protect against—

(i)        actual or potential attack or other grave hostile acts of a foreign power or an agent of a foreign power;

(ii)      sabotage or international terrorism by a foreign power or an agent of a foreign power; or

(iii)    clandestine intelligence activities by an intel­ligence service or network of a foreign power or by an agent of a foreign power; or

(B) information, whether or not concerning a United States person, with respect to a foreign power or foreign territory that relates to—

(i)        the national defense or the security of the United States; or

(ii)      the conduct of the foreign affairs of the United States.

SEC. 204. CLARIFICATION OF INTELLIGENCE EXCEPTIONS FROM LIMITATIONS ON INTERCEPTION AND DISCLOSURE OF WIRE, ORAL, AND ELECTRONIC COMMUNICATIONS.

Section 2511(2)(f) of title 18, United States Code, is amended—

(1)    by striking “this chapter or chapter 121” and inserting “this chapter or chapter 121 or 206 of this title”; and

(2)    by striking “wire and oral” and inserting “wire, oral, and electronic”.

SEC. 205. EMPLOYMENT OF TRANSLATORS BY THE FEDERAL BUREAU OF INVESTIGATION.

(a)     AUTHORITY.—The Director of the Federal Bureau of Inves­tigation is authorized to expedite the employment of personnel as translators to support counterterrorism investigations and oper­ations without regard to applicable Federal personnel requirements and limitations.

(b)     SECURITY REQUIREMENTS.—The Director of the Federal Bureau of Investigation shall establish such security requirements as are necessary for the personnel employed as translators under subsection (a).

 

(c) REPORT.—The Attorney General shall report to the Commit­tees on the Judiciary of the House of Representatives and the Senate on—

(1)      the number of translators employed by the FBI and other components of the Department of Justice;

(2)      any legal or practical impediments to using translators employed by other Federal, State, or local agencies, on a full, part-time, or shared basis; and

(3)   the needs of the FBI for specific translation services in certain languages, and recommendations for meeting those needs.

SEC. 206. ROVING SURVEILLANCE AUTHORITY UNDER THE FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978.

Section 105(c)(2)(B) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1805(c)(2)(B)) is amended by inserting “, or in circumstances where the Court finds that the actions of the target of the application may have the effect of thwarting the identification of a specified person, such other persons,” after “specified person”.

SEC. 207. DURATION OF FISA SURVEILLANCE OF NON-UNITED STATES PERSONS WHO ARE AGENTS OF A FOREIGN POWER.

(a) DURATION.—

(1) SURVEILLANCE.—Section 105(e)(1) of the Foreign Intel­ligence Surveillance Act of 1978 (50 U.S.C. 1805(e)(1)) is amended by—

(A)    inserting “(A)” after “except that”; and

(B)     inserting before the period the following: “, and (B) an order under this Act for a surveillance targeted against an agent of a foreign power, as defined in section 101(b)(1)(A) may be for the period specified in the applica­tion or for 120 days, whichever is less”.

(2) PHYSICAL SEARCH.—Section 304(d)(1) of the Foreign Intel­ligence Surveillance Act of 1978 (50 U.S.C. 1824(d)(1)) is amended by—

(A)       striking “forty-five” and inserting “90”;

(B)       inserting “(A)” after “except that”; and

(C)       inserting before the period the following: “, and (B) an order under this section for a physical search targeted against an agent of a foreign power as defined in section 101(b)(1)(A) may be for the period specified in the application or for 120 days, whichever is less”.

(b) EXTENSION.—

(1) IN GENERAL.—Section 105(d)(2) of the Foreign Intel­ligence Surveillance Act of 1978 (50 U.S.C. 1805(d)(2)) is amended by—

(A)    inserting “(A)” after “except that”; and

(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

(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:

“§ 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:

“§ 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.”.

(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

50 USC 1861.

 

“(2) shall specify that the records concerned are sought for an authorized investigation conducted in accordance with subsection (a)(2) to obtain foreign intelligence information not concerning a United States person or to protect against inter­national terrorism or clandestine intelligence activities.

“(c)(1) Upon an application made pursuant to this section, the judge shall enter an ex parte order as requested, or as modified, approving the release of records if the judge finds that the 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—

(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 Surveil‑

lance 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

18 USC app.

 

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 No. 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 No. 13224 (September 23, 2001);

(4)   any narcotics trafficking entity designated pursuant to Executive Order No. 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 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:

Ҥ 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 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.”.

TITLE III—INTERNATIONAL MONEY LAUNDERING ABATEMENT AND ANTI­TERRORIST FINANCING ACT OF 2001

SEC. 301. SHORT TITLE.

This title may be cited as the “International Money Laundering Abatement and Financial Anti-Terrorism Act of 2001”.

SEC. 302. FINDINGS AND PURPOSES.

(a) FINDINGS.—The Congress finds that—

(1)  money laundering, estimated by the International Mone­tary Fund to amount to between 2 and 5 percent of global gross domestic product, which is at least $600,000,000,000 annually, provides the financial fuel that permits transnational criminal enterprises to conduct and expand their operations to the detriment of the safety and security of American citizens;

(2)  money laundering, and the defects in financial trans­parency on which money launderers rely, are critical to the financing of global terrorism and the provision of funds for terrorist attacks;

(3)  money launderers subvert legitimate financial mecha­nisms and banking relationships by using them as protective covering for the movement of criminal proceeds and the financing of crime and terrorism, and, by so doing, can threaten the safety of United States citizens and undermine the integrity of United States financial institutions and of the global financial and trading systems upon which prosperity and growth depend;

(4)  certain jurisdictions outside of the United States that offer “offshore” banking and related facilities designed to pro­vide anonymity, coupled with weak financial supervisory and enforcement regimes, provide essential tools to disguise owner­ship and movement of criminal funds, derived from, or used to commit, offenses ranging from narcotics trafficking, ter­rorism, arms smuggling, and trafficking in human beings, to financial frauds that prey on law-abiding citizens;

(5)  transactions involving such offshore jurisdictions make it difficult for law enforcement officials and regulators to follow the trail of money earned by criminals, organized international criminal enterprises, and global terrorist organizations;

(6)  correspondent banking facilities are one of the banking mechanisms susceptible in some circumstances to manipulation by foreign banks to permit the laundering of funds by hiding the identity of real parties in interest to financial transactions;

(7)  private banking services can be susceptible to manipula­tion by money launderers, for example corrupt foreign govern­ment officials, particularly if those services include the creation of offshore accounts and facilities for large personal funds trans­fers to channel funds into accounts around the globe;

 

(8)      United States anti-money laundering efforts are impeded by outmoded and inadequate statutory provisions that make investigations, prosecutions, and forfeitures more dif­ficult, particularly in cases in which money laundering involves foreign persons, foreign banks, or foreign countries;

(9)      the ability to mount effective counter-measures to inter­national money launderers requires national, as well as bilateral and multilateral action, using tools specially designed for that effort; and

(10)    the Basle Committee on Banking Regulation and Supervisory Practices and the Financial Action Task Force on Money Laundering, of both of which the United States is a member, have each adopted international anti-money laun­dering principles and recommendations.

(b) PURPOSES.—The purposes of this title are—

(1) to increase the strength of United States measures to prevent, detect, and prosecute international money laun­dering and the financing of terrorism;

(2) to ensure that—

(A)  banking transactions and financial relationships and the conduct of such transactions and relationships, do not contravene the purposes of subchapter II of chapter 53 of title 31, United States Code, section 21 of the Federal Deposit Insurance Act, or chapter 2 of title I of Public Law 91–508 (84 Stat. 1116), or facilitate the evasion of any such provision; and

(B)   the purposes of such provisions of law continue to be fulfilled, and such provisions of law are effectively and efficiently administered;

(3) to strengthen the provisions put into place by the Money Laundering Control Act of 1986 (18 U.S.C. 981 note), especially with respect to crimes by non-United States nationals and foreign financial institutions;

(4) to provide a clear national mandate for subjecting to special scrutiny those foreign jurisdictions, financial institutions operating outside of the United States, and classes of inter­national transactions or types of accounts that pose particular, identifiable opportunities for criminal abuse;

(5) to provide the Secretary of the Treasury (in this title referred to as the “Secretary”) with broad discretion, subject to the safeguards provided by the Administrative Procedure Act under title 5, United States Code, to take measures tailored to the particular money laundering problems presented by spe­cific foreign jurisdictions, financial institutions operating out­side of the United States, and classes of international trans­actions or types of accounts;

(6) to ensure that the employment of such measures by the Secretary permits appropriate opportunity for comment by affected financial institutions;

(7) to provide guidance to domestic financial institutions on particular foreign jurisdictions, financial institutions oper­ating outside of the United States, and classes of international transactions that are of primary money laundering concern to the United States Government;

(8) to ensure that the forfeiture of any assets in connection with the anti-terrorist efforts of the United States permits

 

for adequate challenge consistent with providing due process rights;

(9)        to clarify the terms of the safe harbor from civil liability for filing suspicious activity reports;

(10)  to strengthen the authority of the Secretary to issue and administer geographic targeting orders, and to clarify that violations of such orders or any other requirement imposed under the authority contained in chapter 2 of title I of Public Law 91–508 and subchapters II and III of chapter 53 of title 31, United States Code, may result in criminal and civil pen­alties;

(11)  to ensure that all appropriate elements of the financial services industry are subject to appropriate requirements to report potential money laundering transactions to proper authorities, and that jurisdictional disputes do not hinder exam­ination of compliance by financial institutions with relevant reporting requirements;

(12)  to strengthen the ability of financial institutions to maintain the integrity of their employee population; and

(13)  to strengthen measures to prevent the use of the United States financial system for personal gain by corrupt foreign officials and to facilitate the repatriation of any stolen assets to the citizens of countries to whom such assets belong.

SEC. 303. 4-YEAR CONGRESSIONAL REVIEW; EXPEDITED CONSIDER­ATION.

(a)    IN GENERAL.—Effective on and after the first day of fiscal year 2005, the provisions of this title and the amendments made by this title shall terminate if the Congress enacts a joint resolution, the text after the resolving clause of which is as follows: “That provisions of the International Money Laundering Abatement and Anti-Terrorist Financing Act of 2001, and the amendments made thereby, shall no longer have the force of law.”.

(b)   EXPEDITED CONSIDERATION.—Any joint resolution submitted pursuant to this section should be considered by the Congress expeditiously. In particular, it shall be considered in the Senate in accordance with the provisions of section 601(b) of the Inter­national Security Assistance and Arms Control Act of 1976.

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.

(a) IN GENERAL.—Subchapter II of chapter 53 of title 31, United States Code, is amended by inserting after section 5318 the fol­lowing new section:

“§ 5318A. Special measures for jurisdictions, financial institu­tions, or international transactions of primary money laundering concern

“(a) INTERNATIONAL COUNTER-MONEY LAUNDERING REQUIRE­MENTS.—

“(1) IN GENERAL.—The Secretary of the Treasury may require domestic financial institutions and domestic financial

 

agencies to take 1 or more of the special measures described in subsection (b) if the Secretary finds that reasonable grounds exist for concluding that a jurisdiction outside of the United States, 1 or more financial institutions operating outside of the United States, 1 or more classes of transactions within, or involving, a jurisdiction outside of the United States, or 1 or more types of accounts is of primary money laundering concern, in accordance with subsection (c).

“(2) FORM OF REQUIREMENT.—The special measures described in—

“(A)  subsection (b) may be imposed in such sequence or combination as the Secretary shall determine;

“(B)paragraphs (1) through (4) of subsection (b) may be imposed by regulation, order, or otherwise as permitted by law; and

“(C)  subsection (b)(5) may be imposed only by regula­tion.

“(3) DURATION OF ORDERS; RULEMAKING.—Any order by which a special measure described in paragraphs (1) through (4) of subsection (b) is imposed (other than an order described in section 5326)—

“(A) shall be issued together with a notice of proposed rulemaking relating to the imposition of such special measure; and

“(B)  may not remain in effect for more than 120 days, except pursuant to a rule promulgated on or before the end of the 120-day period beginning on the date of issuance of such order.

“(4) PROCESS FOR SELECTING SPECIAL MEASURES.—In selecting which special measure or measures to take under this subsection, the Secretary of the Treasury—

“(A)     shall consult with the Chairman of the Board of Governors of the Federal Reserve System, any other appropriate Federal banking agency, as defined in section 3 of the Federal Deposit Insurance Act, the Secretary of State, the Securities and Exchange Commission, the Com­modity Futures Trading Commission, the National Credit Union Administration Board, and in the sole discretion of the Secretary, such other agencies and interested parties as the Secretary may find to be appropriate; and

“(B)shall consider—

“(i)     whether similar action has been or is being taken by other nations or multilateral groups;

“(ii)whether the imposition of any particular spe­cial measure would create a significant competitive disadvantage, including any undue cost or burden asso­ciated with compliance, for financial institutions orga­nized or licensed in the United States;

“(iii)        the extent to which the action or the timing of the action would have a significant adverse systemic impact on the international payment, clearance, and settlement system, or on legitimate business activities involving the particular jurisdiction, institution, or class of transactions; and

“(iv) the effect of the action on United States national security and foreign policy.

 

“(5) NO LIMITATION ON OTHER AUTHORITY.—This section shall not be construed as superseding or otherwise restricting any other authority granted to the Secretary, or to any other agency, by this subchapter or otherwise.

“(b) SPECIAL MEASURES.—The special measures referred to in subsection (a), with respect to a jurisdiction outside of the United States, financial institution operating outside of the United States, class of transaction within, or involving, a jurisdiction outside of the United States, or 1 or more types of accounts are as follows:

“(1) RECORDKEEPING AND REPORTING OF CERTAIN FINANCIAL TRANSACTIONS.—

“(A)           IN GENERAL.—The Secretary of the Treasury may require any domestic financial institution or domestic financial agency to maintain records, file reports, or both, concerning the aggregate amount of transactions, or con­cerning each transaction, with respect to a jurisdiction outside of the United States, 1 or more financial institu­tions operating outside of the United States, 1 or more classes of transactions within, or involving, a jurisdiction outside of the United States, or 1 or more types of accounts if the Secretary finds any such jurisdiction, institution, or class of transactions to be of primary money laundering concern.

“(B)           FORM OF RECORDS AND REPORTS.—Such records and reports shall be made and retained at such time, in such manner, and for such period of time, as the Sec­retary shall determine, and shall include such information as the Secretary may determine, including—

“(i)       the identity and address of the participants in a transaction or relationship, including the identity of the originator of any funds transfer;

“(ii)     the legal capacity in which a participant in any transaction is acting;

“(iii)the identity of the beneficial owner of the funds involved in any transaction, in accordance with such procedures as the Secretary determines to be reasonable and practicable to obtain and retain the information; and

“(iv)    a description of any transaction.

“(2) INFORMATION RELATING TO BENEFICIAL OWNERSHIP.— In addition to any other requirement under any other provision of law, the Secretary may require any domestic financial institu­tion or domestic financial agency to take such steps as the Secretary may determine to be reasonable and practicable to obtain and retain information concerning the beneficial owner­ship of any account opened or maintained in the United States by a foreign person (other than a foreign entity whose shares are subject to public reporting requirements or are listed and traded on a regulated exchange or trading market), or a rep­resentative of such a foreign person, that involves a jurisdiction outside of the United States, 1 or more financial institutions operating outside of the United States, 1 or more classes of transactions within, or involving, a jurisdiction outside of the United States, or 1 or more types of accounts if the Secretary finds any such jurisdiction, institution, or transaction or type of account to be of primary money laundering concern.

 

“(3) INFORMATION RELATING TO CERTAIN PAYABLE-THROUGH ACCOUNTS.—If the Secretary finds a jurisdiction outside of the United States, 1 or more financial institutions operating outside of the United States, or 1 or more classes of transactions within, or involving, a jurisdiction outside of the United States to be of primary money laundering concern, the Secretary may require any domestic financial institution or domestic financial agency that opens or maintains a payable-through account in the United States for a foreign financial institution involving any such jurisdiction or any such financial institution operating outside of the United States, or a payable through account through which any such transaction may be conducted, as a condition of opening or maintaining such account—

“(A) to identify each customer (and representative of such customer) of such financial institution who is per­mitted to use, or whose transactions are routed through, such payable-through account; and

“(B)  to obtain, with respect to each such customer

(and each such representative), information that is substan­tially comparable to that which the depository institution obtains in the ordinary course of business with respect to its customers residing in the United States.

“(4) INFORMATION RELATING TO CERTAIN CORRESPONDENT

ACCOUNTS.—If the Secretary finds a jurisdiction outside of the United States, 1 or more financial institutions operating outside of the United States, or 1 or more classes of transactions within, or involving, a jurisdiction outside of the United States to be of primary money laundering concern, the Secretary may require any domestic financial institution or domestic financial agency that opens or maintains a correspondent account in the United States for a foreign financial institution involving any such jurisdiction or any such financial institution operating outside of the United States, or a correspondent account through which any such transaction may be conducted, as a condition of opening or maintaining such account—

“(A) to identify each customer (and representative of such customer) of any such financial institution who is permitted to use, or whose transactions are routed through, such correspondent account; and

“(B)  to obtain, with respect to each such customer

(and each such representative), information that is substan­tially comparable to that which the depository institution obtains in the ordinary course of business with respect to its customers residing in the United States.

“(5) PROHIBITIONS OR CONDITIONS ON OPENING OR

MAINTAINING CERTAIN CORRESPONDENT OR PAYABLE-THROUGH ACCOUNTS.—If the Secretary finds a jurisdiction outside of the United States, 1 or more financial institutions operating outside of the United States, or 1 or more classes of transactions within, or involving, a jurisdiction outside of the United States to be of primary money laundering concern, the Secretary, in consultation with the Secretary of State, the Attorney Gen­eral, and the Chairman of the Board of Governors of the Federal Reserve System, may prohibit, or impose conditions upon, the opening or maintaining in the United States of a correspondent account or payable- through account by any domestic financial institution or domestic financial agency for or on behalf of

 

a foreign banking institution, if such correspondent account or payable-through account involves any such jurisdiction or institution, or if any such transaction may be conducted through such correspondent account or payable-through account.

“(c) CONSULTATIONS AND INFORMATION TO BE CONSIDERED IN FINDING JURISDICTIONS, INSTITUTIONS, TYPES OF ACCOUNTS, OR TRANSACTIONS TO BE OF PRIMARY MONEY LAUNDERING CONCERN.—

“(1)  IN GENERAL.—In making a finding that reasonable grounds exist for concluding that a jurisdiction outside of the United States, 1 or more financial institutions operating outside of the United States, 1 or more classes of transactions within, or involving, a jurisdiction outside of the United States, or 1 or more types of accounts is of primary money laundering concern so as to authorize the Secretary of the Treasury to take 1 or more of the special measures described in subsection (b), the Secretary shall consult with the Secretary of State and the Attorney General.

“(2)  ADDITIONAL CONSIDERATIONS.—In making a finding described in paragraph (1), the Secretary shall consider in addition such information as the Secretary determines to be relevant, including the following potentially relevant factors:

“(A) JURISDICTIONAL FACTORS.—In the case of a par­ticular jurisdiction—

“(i)            evidence that organized criminal groups, inter­national terrorists, or both, have transacted business in that jurisdiction;

“(ii)     the extent to which that jurisdiction or finan­cial institutions operating in that jurisdiction offer bank secrecy or special regulatory advantages to non­residents or nondomiciliaries of that jurisdiction;

“(iii)        the substance and quality of administration of the bank supervisory and counter-money laundering laws of that jurisdiction;

“(iv)         the relationship between the volume of finan­cial transactions occurring in that jurisdiction and the size of the economy of the jurisdiction;

“(v)           the extent to which that jurisdiction is characterized as an offshore banking or secrecy haven by credible international organizations or multilateral expert groups;

“(vi)    whether the United States has a mutual legal assistance treaty with that jurisdiction, and the experi­ence of United States law enforcement officials and regulatory officials in obtaining information about transactions originating in or routed through or to such jurisdiction; and

“(vii)       the extent to which that jurisdiction is characterized by high levels of official or institutional corruption.

“(B) INSTITUTIONAL FACTORS.—In the case of a decision to apply 1 or more of the special measures described in subsection (b) only to a financial institution or institutions, or to a transaction or class of transactions, or to a type of account, or to all 3, within or involving a particular jurisdiction—

“(i) the extent to which such financial institutions, transactions, or types of accounts are used to facilitate

 

or promote money laundering in or through the juris­diction;

“(ii)  the extent to which such institutions, trans­actions, or types of accounts are used for legitimate business purposes in the jurisdiction; and

“(iii)the extent to which such action is sufficient to ensure, with respect to transactions involving the jurisdiction and institutions operating in the jurisdic­tion, that the purposes of this subchapter continue to be fulfilled, and to guard against international money laundering and other financial crimes.

“(d)     NOTIFICATION OF SPECIAL MEASURES INVOKED BY THE SEC­RETARY.—Not later than 10 days after the date of any action taken by the Secretary of the Treasury under subsection (a)(1), the Sec­retary shall notify, in writing, the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate of any such action.

“(e)      DEFINITIONS.—Notwithstanding any other provision of this subchapter, for purposes of this section and subsections (i) and (j) of section 5318, the following definitions shall apply:

“(1) BANK DEFINITIONS.—The following definitions shall apply with respect to a bank:

“(A) ACCOUNT.—The term ‘account’—

“(i)  means a formal banking or business relation­ship established to provide regular services, dealings, and other financial transactions; and

“(ii)includes a demand deposit, savings deposit, or other transaction or asset account and a credit account or other extension of credit.

“(B) CORRESPONDENT ACCOUNT.—The term ‘cor­respondent account’ means an account established to receive deposits from, make payments on behalf of a foreign financial institution, or handle other financial transactions related to such institution.

“(C) PAYABLE-THROUGH ACCOUNT.—The term ‘payable-through account’ means an account, including a transaction account (as defined in section 19(b)(1)(C) of the Federal Reserve Act), opened at a depository institution by a foreign financial institution by means of which the foreign financial institution permits its customers to engage, either directly or through a subaccount, in banking activities usual in connection with the business of banking in the United States.

“(2) DEFINITIONS APPLICABLE TO INSTITUTIONS OTHER THAN BANKS.—With respect to any financial institution other than a bank, the Secretary shall, after consultation with the appro­priate Federal functional regulators (as defined in section 509 of the Gramm-Leach-Bliley Act), define by regulation the term ‘account’, and shall include within the meaning of that term, to the extent, if any, that the Secretary deems appropriate, arrangements similar to payable-through and correspondent accounts.

“(3) REGULATORY DEFINITION OF BENEFICIAL OWNERSHIP.— The Secretary shall promulgate regulations defining beneficial ownership of an account for purposes of this section and sub­sections (i) and (j) of section 5318. Such regulations shall address issues related to an individual’s authority to fund,

 

direct, or manage the account (including, without limitation, the power to direct payments into or out of the account), and an individual’s material interest in the income or corpus of the account, and shall ensure that the identification of individ­uals under this section does not extend to any individual whose beneficial interest in the income or corpus of the account is immaterial.

“(4) OTHER TERMS.—The Secretary may, by regulation, fur­ther define the terms in paragraphs (1), (2), and (3), and define other terms for the purposes of this section, as the Secretary deems appropriate.”.

(b) CLERICAL AMENDMENT.—The table of sections for subchapter II of chapter 53 of title 31, United States Code, is amended by inserting after the item relating to section 5318 the following new item:

“5318A. 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.

(a) IN GENERAL.—Section 5318 of title 31, United States Code, is amended by adding at the end the following:

“(i) DUE DILIGENCE FOR UNITED STATES PRIVATE BANKING AND CORRESPONDENT BANK ACCOUNTS INVOLVING FOREIGN PERSONS.—

“(1)    IN GENERAL.—Each financial institution that estab­lishes, maintains, administers, or manages a private banking account or a correspondent account in the United States for a non-United States person, including a foreign individual vis­iting the United States, or a representative of a non-United States person shall establish appropriate, specific, and, where necessary, enhanced, due diligence policies, procedures, and controls that are reasonably designed to detect and report instances of money laundering through those accounts.

“(2)    ADDITIONAL STANDARDS FOR CERTAIN CORRESPONDENT ACCOUNTS.—

“(A) IN GENERAL.—Subparagraph (B) shall apply if a correspondent account is requested or maintained by, or on behalf of, a foreign bank operating—

“(i)     under an offshore banking license; or

“(ii)   under a banking license issued by a foreign country that has been designated—

“(I)   as noncooperative with international anti-money laundering principles or procedures by an intergovernmental group or organization of which the United States is a member, with which des­ignation the United States representative to the group or organization concurs; or

“(II) by the Secretary of the Treasury as war­ranting special measures due to money laundering concerns.

“(B) POLICIES, PROCEDURES, AND CONTROLS.—The enhanced due diligence policies, procedures, and controls required under paragraph (1) shall, at a minimum, ensure that the financial institution in the United States takes reasonable steps—

“(i) to ascertain for any such foreign bank, the shares of which are not publicly traded, the identity

 

of each of the owners of the foreign bank, and the nature and extent of the ownership interest of each such owner;

“(ii)  to conduct enhanced scrutiny of such account to guard against money laundering and report any suspicious transactions under subsection (g); and

“(iii)          to ascertain whether such foreign bank pro­vides correspondent accounts to other foreign banks and, if so, the identity of those foreign banks and related due diligence information, as appropriate under paragraph (1).

“(3) MINIMUM STANDARDS FOR PRIVATE BANKING ACCOUNTS.—If a private banking account is requested or main­tained by, or on behalf of, a non-United States person, then the due diligence policies, procedures, and controls required under paragraph (1) shall, at a minimum, ensure that the financial institution takes reasonable steps—

“(A)     to ascertain the identity of the nominal and bene­ficial owners of, and the source of funds deposited into, such account as needed to guard against money laundering and report any suspicious transactions under subsection (g); and

“(B)to conduct enhanced scrutiny of any such account that is requested or maintained by, or on behalf of, a senior foreign political figure, or any immediate family member or close associate of a senior foreign political figure that is reasonably designed to detect and report trans­actions that may involve the proceeds of foreign corruption.

“(4) DEFINITION.—For purposes of this subsection, the fol­lowing definitions shall apply:

“(A)     OFFSHORE BANKING LICENSE.—The term ‘offshore banking license’ means a license to conduct banking activi­ties which, as a condition of the license, prohibits the licensed entity from conducting banking activities with the citizens of, or with the local currency of, the country which issued the license.

“(B)PRIVATE BANKING ACCOUNT.—The term ‘private banking account’ means an account (or any combination of accounts) that—

“(i)       requires a minimum aggregate deposits of funds or other assets of not less than $1,000,000;

“(ii)     is established on behalf of 1 or more individ­uals who have a direct or beneficial ownership interest in the account; and

“(iii)          is assigned to, or is administered or managed by, in whole or in part, an officer, employee, or agent of a financial institution acting as a liaison between the financial institution and the direct or beneficial owner of the account.”.

(b) REGULATORY AUTHORITY AND EFFECTIVE DATE.—

(1) REGULATORY AUTHORITY.—Not later than 180 days after the date of enactment of this Act, the Secretary, in consultation with the appropriate Federal functional regulators (as defined in section 509 of the Gramm-Leach-Bliley Act) of the affected financial institutions, shall further delineate, by regulation, the due diligence policies, procedures, and controls required

 

under section 5318(i)(1) of title 31, United States Code, as added by this section.

(2) EFFECTIVE DATE.—Section 5318(i) of title 31, United States Code, as added by this section, shall take effect 270 days after the date of enactment of this Act, whether or not final regulations are issued under paragraph (1), and the failure to issue such regulations shall in no way affect the enforce­ability of this section or the amendments made by this section. Section 5318(i) of title 31, United States Code, as added by this section, shall apply with respect to accounts covered by that section 5318(i), that are opened before, on, or after the date of enactment of this Act.

SEC. 313. PROHIBITION ON UNITED STATES CORRESPONDENT ACCOUNTS WITH FOREIGN SHELL BANKS.

(a) IN GENERAL.—Section 5318 of title 31, United States Code, as amended by this title, is amended by adding at the end the following:

“(j) PROHIBITION ON UNITED STATES CORRESPONDENT ACCOUNTS WITH FOREIGN SHELL BANKS.—

“(1) IN GENERAL.—A financial institution described in sub­paragraphs (A) through (G) of section 5312(a)(2) (in this sub­section referred to as a ‘covered financial institution’) shall not establish, maintain, administer, or manage a correspondent account in the United States for, or on behalf of, a foreign bank that does not have a physical presence in any country.

“(2) PREVENTION OF INDIRECT SERVICE TO FOREIGN SHELL BANKS.—A covered financial institution shall take reasonable steps to ensure that any correspondent account established, maintained, administered, or managed by that covered financial institution in the United States for a foreign bank is not being used by that foreign bank to indirectly provide banking services to another foreign bank that does not have a physical presence in any country. The Secretary of the Treasury shall, by regula­tion, delineate the reasonable steps necessary to comply with this paragraph.

“(3) EXCEPTION.—Paragraphs (1) and (2) do not prohibit a covered financial institution from providing a correspondent account to a foreign bank, if the foreign bank—

“(A) is an affiliate of a depository institution, credit union, or foreign bank that maintains a physical presence in the United States or a foreign country, as applicable; and

“(B)  is subject to supervision by a banking authority in the country regulating the affiliated depository institu­tion, credit union, or foreign bank described in subpara­graph (A), as applicable.

“(4) DEFINITIONS.—For purposes of this subsection—

“(A)    the term ‘affiliate’ means a foreign bank that is controlled by or is under common control with a deposi­tory institution, credit union, or foreign bank; and

“(B)    the term ‘physical presence’ means a place of business that—

“(i)  is maintained by a foreign bank;

“(ii)is located at a fixed address (other than solely an electronic address) in a country in which the foreign

 

bank is authorized to conduct banking activities, at which location the foreign bank—

“(I)       employs 1 or more individuals on a full-time basis; and

“(II)    maintains operating records related to its banking activities; and

“(iii) is subject to inspection by the banking authority which licensed the foreign bank to conduct banking activities.”.

(b) EFFECTIVE DATE.—The amendment made by subsection (a) shall take effect at the end of the 60-day period beginning on the date of enactment of this Act.

SEC. 314. COOPERATIVE EFFORTS TO DETER MONEY LAUNDERING.

(a) COOPERATION AMONG FINANCIAL INSTITUTIONS, REGULATORY AUTHORITIES, AND LAW ENFORCEMENT AUTHORITIES.—

(1) REGULATIONS.—The Secretary shall, within 120 days

after the date of enactment of this Act, adopt regulations to encourage further cooperation among financial institutions, their regulatory authorities, and law enforcement authorities, with the specific purpose of encouraging regulatory authorities and law enforcement authorities to share with financial institu­tions information regarding individuals, entities, and organiza­tions engaged in or reasonably suspected based on credible evidence of engaging in terrorist acts or money laundering activities.

(2) COOPERATION AND INFORMATION SHARING PROCE­DURES.—The regulations adopted under paragraph (1) may include or create procedures for cooperation and information sharing focusing on—

(A) matters specifically related to the finances of ter­rorist groups, the means by which terrorist groups transfer funds around the world and within the United States, including through the use of charitable organizations, non­profit organizations, and nongovernmental organizations, and the extent to which financial institutions in the United States are unwittingly involved in such finances and the extent to which such institutions are at risk as a result;

(B) the relationship, particularly the financial relation­ship, between international narcotics traffickers and foreign terrorist organizations, the extent to which their member­ships overlap and engage in joint activities, and the extent to which they cooperate with each other in raising and transferring funds for their respective purposes; and

(C) means of facilitating the identification of accounts and transactions involving terrorist groups and facilitating the exchange of information concerning such accounts and transactions between financial institutions and law enforce­ment organizations.

(3) CONTENTS.—The regulations adopted pursuant to para­graph (1) may—

(A) require that each financial institution designate 1 or more persons to receive information concerning, and to monitor accounts of individuals, entities, and organiza­tions identified, pursuant to paragraph (1); and

(B) further establish procedures for the protection of the shared information, consistent with the capacity, size,

 

and nature of the institution to which the particular proce­dures apply.

(4)  RULE OF CONSTRUCTION.—The receipt of information by a financial institution pursuant to this section shall not relieve or otherwise modify the obligations of the financial institution with respect to any other person or account.

(5)  USE OF INFORMATION.—Information received by a finan‑

cial institution pursuant to this section shall not be used for any purpose other than identifying and reporting on activities that may involve terrorist acts or money laundering activities.

(b)   COOPERATION AMONG FINANCIAL INSTITUTIONS.—Upon

notice provided to the Secretary, 2 or more financial institutions and any association of financial institutions may share information with one another regarding individuals, entities, organizations, and countries suspected of possible terrorist or money laundering activi­ties. A financial institution or association that transmits, receives, or shares such information for the purposes of identifying and reporting activities that may involve terrorist acts or money laun­dering activities shall not be liable to any person under any law or regulation of the United States, any constitution, law, or regula­tion of any State or political subdivision thereof, or under any contract or other legally enforceable agreement (including any arbitration agreement), for such disclosure or for any failure to provide notice of such disclosure to the person who is the subject of such disclosure, or any other person identified in the disclosure, except where such transmission, receipt, or sharing violates this section or regulations promulgated pursuant to this section.

(c)    RULE OF CONSTRUCTION.—Compliance with the provisions of this title requiring or allowing financial institutions and any association of financial institutions to disclose or share information regarding individuals, entities, and organizations engaged in or suspected of engaging in terrorist acts or money laundering activi­ties shall not constitute a violation of the provisions of title V of the Gramm-Leach-Bliley Act (Public Law 106–102).

(d)   REPORTS TO THE FINANCIAL SERVICES INDUSTRY ON SUS­PICIOUS FINANCIAL ACTIVITIES.—At least semiannually, the Sec­retary shall—

(1)  publish a report containing a detailed analysis identi‑

fying patterns of suspicious activity and other investigative insights derived from suspicious activity reports and investiga­tions conducted by Federal, State, and local law enforcement agencies to the extent appropriate; and

(2)  distribute such report to financial institutions (as defined in section 5312 of title 31, United States Code).

SEC. 315. INCLUSION OF FOREIGN CORRUPTION OFFENSES AS MONEY LAUNDERING CRIMES.

Section 1956(c)(7) of title 18, United States Code, is amended— (1) in subparagraph (B)—

(A)    in clause (ii), by striking “or destruction of property by means of explosive or fire” and inserting “destruction of property by means of explosive or fire, or a crime of violence (as defined in section 16)”;

(B)     in clause (iii), by striking “1978” and inserting “1978)”; and

(C)     by adding at the end the following:

 

“(iv) bribery of a public official, or the misappro­priation, theft, or embezzlement of public funds by or for the benefit of a public official;

“(v) smuggling or export control violations involving—

“(I)         an item controlled on the United States Munitions List established under section 38 of the Arms Export Control Act (22 U.S.C. 2778); or

“(II)       an item controlled under regulations under the Export Administration Regulations (15 C.F.R. Parts 730–774); or

“(vi) an offense with respect to which the United States would be obligated by a multilateral treaty, either to extradite the alleged offender or to submit the case for prosecution, if the offender were found within the territory of the United States;”; and

(2) in subparagraph (D)—

(A)  by inserting “section 541 (relating to goods falsely classified),” before “section 542”;

(B)   by inserting “section 922(1) (relating to the unlaw­ful importation of firearms), section 924(n) (relating to firearms trafficking),” before “section 956”;

(C)   by inserting “section 1030 (relating to computer fraud and abuse),” before “1032”; and

(D)  by inserting “any felony violation of the Foreign Agents Registration Act of 1938,” before “or any felony violation of the Foreign Corrupt Practices Act”.

SEC. 316. ANTI-TERRORIST FORFEITURE PROTECTION.

(a) RIGHT TO CONTEST.—An owner of property that is con­fiscated under any provision of law relating to the confiscation of assets of suspected international terrorists, may contest that confiscation by filing a claim in the manner set forth in the Federal Rules of Civil Procedure (Supplemental Rules for Certain Admiralty and Maritime Claims), and asserting as an affirmative defense that—

(1)    the property is not subject to confiscation under such provision of law; or

(2)    the innocent owner provisions of section 983(d) of title 18, United States Code, apply to the case.

(b) EVIDENCE.—In considering a claim filed under this section, a court may admit evidence that is otherwise inadmissible under the Federal Rules of Evidence, if the court determines that the evidence is reliable, and that compliance with the Federal Rules of Evidence may jeopardize the national security interests of the United States.

(c) CLARIFICATIONS.—

(1) PROTECTION OF RIGHTS.—The exclusion of certain provi­sions of Federal law from the definition of the term “civil forfeiture statute” in section 983(i) of title 18, United States Code, shall not be construed to deny an owner of property the right to contest the confiscation of assets of suspected international terrorists under—

(A)    subsection (a) of this section;

(B)     the Constitution; or

 

(C) subchapter II of chapter 5 of title 5, United States Code (commonly known as the “Administrative Procedure Act”).

(2) SAVINGS CLAUSE.—Nothing in this section shall limit or otherwise affect any other remedies that may be available to an owner of property under section 983 of title 18, United States Code, or any other provision of law.

(d) TECHNICAL CORRECTION.—Section 983(i)(2)(D) of title 18, United States Code, is amended by inserting “or the International

Emergency Economic Powers Act (IEEPA) (50 U.S.C. 1701 et seq.)”before the semicolon.

SEC. 317. LONG-ARM JURISDICTION OVER FOREIGN MONEY LAUNDERERS.

Section 1956(b) of title 18, United States Code, is amended—

(1) by redesignating paragraphs (1) and (2) as subpara­graphs (A) and (B), respectively, and moving the margins 2 ems to the right;

(2) by inserting after “(b)” the following: “PENALTIES.—

“(1) IN GENERAL.—”;

(3) by inserting “, or section 1957” after “or (a)(3)”; and

(4) by adding at the end the following:

“(2) JURISDICTION OVER FOREIGN PERSONS.—For purposes

of adjudicating an action filed or enforcing a penalty ordered under this section, the district courts shall have jurisdiction over any foreign person, including any financial institution authorized under the laws of a foreign country, against whom the action is brought, if service of process upon the foreign person is made under the Federal Rules of Civil Procedure or the laws of the country in which the foreign person is found, and—

“(A) the foreign person commits an offense under sub­section (a) involving a financial transaction that occurs in whole or in part in the United States;

“(B)  the foreign person converts, to his or her own use, property in which the United States has an ownership interest by virtue of the entry of an order of forfeiture by a court of the United States; or

“(C)  the foreign person is a financial institution that maintains a bank account at a financial institution in the United States.

“(3) COURT AUTHORITY OVER ASSETS.—A court described

in paragraph (2) may issue a pretrial restraining order or take any other action necessary to ensure that any bank account or other property held by the defendant in the United States is available to satisfy a judgment under this section.

“(4) FEDERAL RECEIVER.—

“(A) IN GENERAL.—A court described in paragraph (2) may appoint a Federal Receiver, in accordance with subparagraph (B) of this paragraph, to collect, marshal, and take custody, control, and possession of all assets of the defendant, wherever located, to satisfy a civil judgment under this subsection, a forfeiture judgment under section 981 or 982, or a criminal sentence under section 1957 or subsection (a) of this section, including an order of restitution to any victim of a specified unlawful activity.

 

“(B) APPOINTMENT AND AUTHORITY.—A Federal Receiver described in subparagraph (A)—

“(i)     may be appointed upon application of a Federal prosecutor or a Federal or State regulator, by the court having jurisdiction over the defendant in the case;

“(ii)   shall be an officer of the court, and the powers of the Federal Receiver shall include the powers set out in section 754 of title 28, United States Code; and

“(iii) shall have standing equivalent to that of a Federal prosecutor for the purpose of submitting requests to obtain information regarding the assets of the defendant—

“(I)    from the Financial Crimes Enforcement Network of the Department of the Treasury; or

“(II)      from a foreign country pursuant to a mutual legal assistance treaty, multilateral agree­ment, or other arrangement for international law enforcement assistance, provided that such requests are in accordance with the policies and procedures of the Attorney General.”.

SEC. 318. LAUNDERING MONEY THROUGH A FOREIGN BANK.

Section 1956(c) of title 18, United States Code, is amended by striking paragraph (6) and inserting the following: “(6) the term ‘financial institution’ includes—

“(A)    any financial institution, as defined in section 5312(a)(2) of title 31, United States Code, or the regulations promulgated thereunder; and

“(B)    any foreign bank, as defined in section 1 of the International Banking Act of 1978 (12 U.S.C. 3101).”.

SEC. 319. FORFEITURE OF FUNDS IN UNITED STATES INTERBANK ACCOUNTS.

(a) FORFEITURE FROM UNITED STATES INTERBANK ACCOUNT.— Section 981 of title 18, United States Code, is amended by adding at the end the following:

“(k) INTERBANK ACCOUNTS.—

“(1) IN GENERAL.—

“(A) IN GENERAL.—For the purpose of a forfeiture under this section or under the Controlled Substances Act (21 U.S.C. 801 et seq.), if funds are deposited into an account at a foreign bank, and that foreign bank has an interbank account in the United States with a covered financial institution (as defined in section 5318(j)(1) of title 31), the funds shall be deemed to have been deposited into the interbank account in the United States, and any restraining order, seizure warrant, or arrest warrant in rem regarding the funds may be served on the covered financial institution, and funds in the interbank account, up to the value of the funds deposited into the account at the foreign bank, may be restrained, seized, or arrested.

“(B)  AUTHORITY TO SUSPEND.—The Attorney General, in consultation with the Secretary of the Treasury, may suspend or terminate a forfeiture under this section if the Attorney General determines that a conflict of law exists between the laws of the jurisdiction in which the foreign bank is located and the laws of the United States

 

with respect to liabilities arising from the restraint, seizure, or arrest of such funds, and that such suspension or termi­nation would be in the interest of justice and would not harm the national interests of the United States.

“(2)  NO REQUIREMENT FOR GOVERNMENT TO TRACE FUNDS.— If a forfeiture action is brought against funds that are restrained, seized, or arrested under paragraph (1), it shall not be necessary for the Government to establish that the funds are directly traceable to the funds that were deposited into the foreign bank, nor shall it be necessary for the Govern­ment to rely on the application of section 984.

“(3)  CLAIMS BROUGHT BY OWNER OF THE FUNDS.—If a for­feiture action is instituted against funds restrained, seized, or arrested under paragraph (1), the owner of the funds depos­ited into the account at the foreign bank may contest the forfeiture by filing a claim under section 983.

“(4)  DEFINITIONS.—For purposes of this subsection, the fol­lowing definitions shall apply:

“(A)  INTERBANK ACCOUNT.—The term ‘interbank account’ has the same meaning as in section 984(c)(2)(B).

“(B)  OWNER.—

“(i) IN GENERAL.—Except as provided in clause (ii), the term ‘owner’—

“(I)   means the person who was the owner, as that term is defined in section 983(d)(6), of the funds that were deposited into the foreign bank at the time such funds were deposited; and

“(II) does not include either the foreign bank or any financial institution acting as an inter­mediary in the transfer of the funds into the inter­bank account.

“(ii) EXCEPTION.—The foreign bank may be consid­ered the ‘owner’ of the funds (and no other person shall qualify as the owner of such funds) only if—

“(I)    the basis for the forfeiture action is wrong­doing committed by the foreign bank; or

“(II)        the foreign bank establishes, by a prepon­derance of the evidence, that prior to the restraint, seizure, or arrest of the funds, the foreign bank had discharged all or part of its obligation to the prior owner of the funds, in which case the foreign bank shall be deemed the owner of the funds to the extent of such discharged obligation.”.

(b) BANK RECORDS.—Section 5318 of title 31, United States Code, as amended by this title, is amended by adding at the end the following:

“(k) BANK RECORDS RELATED TO ANTI-MONEY LAUNDERING PRO­GRAMS.—

“(1) DEFINITIONS.—For purposes of this subsection, the fol­lowing definitions shall apply:

“(A)          APPROPRIATE FEDERAL BANKING AGENCY.—The term ‘appropriate Federal banking agency’ has the same meaning as in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813).

“(B)          INCORPORATED TERM.—The term ‘correspondent account’ has the same meaning as in section 5318A(f)(1)(B).

 

“(2)  120-HOUR RULE.—Not later than 120 hours after

receiving a request by an appropriate Federal banking agency for information related to anti-money laundering compliance by a covered financial institution or a customer of such institu­tion, a covered financial institution shall provide to the appro­priate Federal banking agency, or make available at a location specified by the representative of the appropriate Federal banking agency, information and account documentation for any account opened, maintained, administered or managed in the United States by the covered financial institution.

“(3)  FOREIGN BANK RECORDS.—

“(A) SUMMONS OR SUBPOENA OF RECORDS.—

“(i)  IN GENERAL.—The Secretary of the Treasury or the Attorney General may issue a summons or sub­poena to any foreign bank that maintains a cor­respondent account in the United States and request records related to such correspondent account, including records maintained outside of the United States relating to the deposit of funds into the foreign bank.

“(ii)           SERVICE OF SUMMONS OR SUBPOENA.—A sum­mons or subpoena referred to in clause (i) may be served on the foreign bank in the United States if the foreign bank has a representative in the United States, or in a foreign country pursuant to any mutual legal assistance treaty, multilateral agreement, or other request for international law enforcement assist­ance.

“(B) ACCEPTANCE OF SERVICE.—

“(i)  MAINTAINING RECORDS IN THE UNITED STATES.—Any covered financial institution which main­tains a correspondent account in the United States for a foreign bank shall maintain records in the United States identifying the owners of such foreign bank and the name and address of a person who resides in the United States and is authorized to accept service of legal process for records regarding the correspondent account.

“(ii)           LAW ENFORCEMENT REQUEST.—Upon receipt Deadline.

of a written request from a Federal law enforcement

officer for information required to be maintained under

this paragraph, the covered financial institution shall

provide the information to the requesting officer not

later than 7 days after receipt of the request.

“(C) TERMINATION OF CORRESPONDENT RELATIONSHIP.—

“(i) TERMINATION UPON RECEIPT OF NOTICE.—A cov­ered financial institution shall terminate any cor­respondent relationship with a foreign bank not later than 10 business days after receipt of written notice from the Secretary or the Attorney General (in each case, after consultation with the other) that the foreign bank has failed—

“(I)    to comply with a summons or subpoena issued under subparagraph (A); or

“(II)  to initiate proceedings in a United States court contesting such summons or subpoena.

 

“(ii)        LIMITATION ON LIABILITY.—A covered financial institution shall not be liable to any person in any court or arbitration proceeding for terminating a cor­respondent relationship in accordance with this sub­section.

“(iii)      FAILURE TO TERMINATE RELATIONSHIP.— Failure to terminate a correspondent relationship in accordance with this subsection shall render the cov­ered financial institution liable for a civil penalty of up to $10,000 per day until the correspondent relation­ship is so terminated.”.

(c)    GRACE PERIOD.—Financial institutions shall have 60 days from the date of enactment of this Act to comply with the provisions of section 5318(k) of title 31, United States Code, as added by this section.

(d)   AUTHORITY TO ORDER CONVICTED CRIMINAL TO RETURN PROPERTY LOCATED ABROAD.—

(1) FORFEITURE OF SUBSTITUTE PROPERTY.—Section 413(p) of the Controlled Substances Act (21 U.S.C. 853) is amended to read as follows:

“(p) FORFEITURE OF SUBSTITUTE PROPERTY.—

“(1) IN GENERAL.—Paragraph (2) of this subsection shall apply, if any property described in subsection (a), as a result of any act or omission of the defendant—

“(A)    cannot be located upon the exercise of due dili­gence;

“(B)    has been transferred or sold to, or deposited with, a third party;

“(C)    has been placed beyond the jurisdiction of the court;

“(D)    has been substantially diminished in value; or

“(E)    has been commingled with other property which cannot be divided without difficulty.

“(2) SUBSTITUTE PROPERTY.—In any case described in any of subparagraphs (A) through (E) of paragraph (1), the court shall order the forfeiture of any other property of the defendant, up to the value of any property described in subparagraphs (A) through (E) of paragraph (1), as applicable.

“(3) RETURN OF PROPERTY TO JURISDICTION.—In the case of property described in paragraph (1)(C), the court may, in addition to any other action authorized by this subsection, order the defendant to return the property to the jurisdiction of the court so that the property may be seized and forfeited.”.

(2) PROTECTIVE ORDERS.—Section 413(e) of the Controlled Substances Act (21 U.S.C. 853(e)) is amended by adding at the end the following:

“(4) ORDER TO REPATRIATE AND DEPOSIT.—

“(A) IN GENERAL.—Pursuant to its authority to enter a pretrial restraining order under this section, the court may order a defendant to repatriate any property that may be seized and forfeited, and to deposit that property pending trial in the registry of the court, or with the United States Marshals Service or the Secretary of the Treasury, in an interest-bearing account, if appropriate.

“(B)  FAILURE TO COMPLY.—Failure to comply with an order under this subsection, or an order to repatriate prop­erty under subsection (p), shall be punishable as a civil

 

or criminal contempt of court, and may also result in an enhancement of the sentence of the defendant under the obstruction of justice provision of the Federal Sentencing Guidelines.”.

SEC. 320. PROCEEDS OF FOREIGN CRIMES.

Section 981(a)(1)(B) of title 18, United States Code, is amended to read as follows:

“(B) Any property, real or personal, within the jurisdiction of the United States, constituting, derived from, or traceable to, any proceeds obtained directly or indirectly from an offense against a foreign nation, or any property used to facilitate such an offense, if the offense—

“(i)   involves the manufacture, importation, sale, or dis­tribution of a controlled substance (as that term is defined for purposes of the Controlled Substances Act), or any other conduct described in section 1956(c)(7)(B);

“(ii)  would be punishable within the jurisdiction of the foreign nation by death or imprisonment for a term exceeding 1 year; and

“(iii)          would be punishable under the laws of the United States by imprisonment for a term exceeding 1 year, if the act or activity constituting the offense had occurred within the jurisdiction of the United States.”.

SEC. 321. FINANCIAL INSTITUTIONS SPECIFIED IN SUBCHAPTER II OF CHAPTER 53 OF TITLE 31, UNITED STATES CODE.

(a)  CREDIT UNIONS.—Subparagraph (E) of section 5312(2) of title 31, United States Code, is amended to read as follows: “(E) any credit union;”.

(b)    FUTURES COMMISSION MERCHANT; COMMODITY TRADING ADVISOR; COMMODITY POOL OPERATOR.—Section 5312 of title 31, United States Code, is amended by adding at the end the following new subsection:

“(c) ADDITIONAL DEFINITIONS.—For purposes of this subchapter, the following definitions shall apply:

“(1) CERTAIN INSTITUTIONS INCLUDED IN DEFINITION.—The term ‘financial institution’ (as defined in subsection (a)) includes the following:

“(A) Any futures commission merchant, commodity trading advisor, or commodity pool operator registered, or required to register, under the Commodity Exchange Act.”.

(c)  CFTC

SEC. 322. CORPORATION REPRESENTED BY A FUGITIVE.

Section 2466 of title 18, United States Code, is amended by designating the present matter as subsection (a), and adding at the end the following:

“(b) Subsection (a) may be applied to a claim filed by a corpora­tion if any majority shareholder, or individual filing the claim on behalf of the corporation is a person to whom subsection (a) applies.”.

 

(1) in subsection (d), by adding the following after para­graph (2):

“(3) PRESERVATION OF PROPERTY.—

“(A) IN GENERAL.—To preserve the availability of prop­erty subject to a foreign forfeiture or confiscation judgment, the Government may apply for, and the court may issue, a restraining order pursuant to section 983(j) of title 18, at any time before or after an application is filed pursuant to subsection (c)(1) of this section.

“(B) EVIDENCE.—The court, in issuing a restraining order under subparagraph (A)—

“(i)  may rely on information set forth in an affi­davit describing the nature of the proceeding or inves­tigation underway in the foreign country, and setting forth a reasonable basis to believe that the property to be restrained will be named in a judgment of for­feiture at the conclusion of such proceeding; or

“(ii)           may register and enforce a restraining order that has been issued by a court of competent jurisdic­tion in the foreign country and certified by the Attorney General pursuant to subsection (b)(2).

“(C) LIMIT ON GROUNDS FOR OBJECTION.—No person may object to a restraining order under subparagraph (A) on any ground that is the subject of parallel litigation involving the same property that is pending in a foreign court.”;

(2) in subsection (b)(1)(C), by striking “establishing that the defendant received notice of the proceedings in sufficient time to enable the defendant” and inserting “establishing that the foreign nation took steps, in accordance with the principles of due process, to give notice of the proceedings to all persons with an interest in the property in sufficient time to enable such persons”;

(3) in subsection (d)(1)(D), by striking “the defendant in

the proceedings in the foreign court did not receive notice”and inserting “the foreign nation did not take steps, in accord‑

ance with the principles of due process, to give notice of the proceedings to a person with an interest in the property”; and

(4) in subsection (a)(2)(A), by inserting “, any violation of foreign law that would constitute a violation or an offense for which property could be forfeited under Federal law if the offense were committed in the United States” after “United Nations Convention”.

 

SEC. 324. REPORT AND RECOMMENDATION.

Not later than 30 months after the date of enactment of this Act, the Secretary, in consultation with the Attorney General, the Federal banking agencies (as defined at section 3 of the Federal Deposit Insurance Act), the National Credit Union Administration Board, the Securities and Exchange Commission, and such other agencies as the Secretary may determine, at the discretion of the Secretary, shall evaluate the operations of the provisions of this subtitle and make recommendations to Congress as to any legisla­tive action with respect to this subtitle as the Secretary may deter­mine to be necessary or advisable.

 

SEC. 325. CONCENTRATION ACCOUNTS AT FINANCIAL INSTITUTIONS.

Section 5318(h) of title 31, United States Code, as amended by section 202 of this title, is amended by adding at the end the following:

“(3) CONCENTRATION ACCOUNTS.—The Secretary may pre‑

scribe regulations under this subsection that govern mainte­nance of concentration accounts by financial institutions, in order to ensure that such accounts are not used to prevent association of the identity of an individual customer with the movement of funds of which the customer is the direct or beneficial owner, which regulations shall, at a minimum—

“(A)           prohibit financial institutions from allowing clients to direct transactions that move their funds into, out of, or through the concentration accounts of the financial institution;

“(B)           prohibit financial institutions and their employees from informing customers of the existence of, or the means of identifying, the concentration accounts of the institution; and

“(C)           require each financial institution to establish writ­ten procedures governing the documentation of all trans­actions involving a concentration account, which procedures shall ensure that, any time a transaction involving a con­centration account commingles funds belonging to 1 or more customers, the identity of, and specific amount belonging to, each customer is documented.”.

SEC. 326. VERIFICATION OF IDENTIFICATION.

(a) IN GENERAL.—Section 5318 of title 31, United States Code, as amended by this title, is amended by adding at the end the following:

“(l) IDENTIFICATION AND VERIFICATION OF ACCOUNTHOLDERS.—

“(1) IN GENERAL.—Subject to the requirements of this sub­section, the Secretary of the Treasury shall prescribe regula­tions setting forth the minimum standards for financial institu­tions and their customers regarding the identity of the customer that shall apply in connection with the opening of an account at a financial institution.

“(2) MINIMUM REQUIREMENTS.—The regulations shall, at a minimum, require financial institutions to implement, and customers (after being given adequate notice) to comply with, reasonable procedures for—

“(A) verifying the identity of any person seeking to open an account to the extent reasonable and practicable;

“(B)  maintaining records of the information used to verify a person’s identity, including name, address, and other identifying information; and

“(C)  consulting lists of known or suspected terrorists or terrorist organizations provided to the financial institu­tion by any government agency to determine whether a person seeking to open an account appears on any such list.

“(3) FACTORS TO BE CONSIDERED.—In prescribing regula­tions under this subsection, the Secretary shall take into consid­eration the various types of accounts maintained by various types of financial institutions, the various methods of opening

Regulations.

 

accounts, and the various types of identifying information avail­able.

“(4)   CERTAIN FINANCIAL INSTITUTIONS.—In the case of any financial institution the business of which is engaging in finan­cial activities described in section 4(k) of the Bank Holding Company Act of 1956 (including financial activities subject to the jurisdiction of the Commodity Futures Trading Commis­sion), the regulations prescribed by the Secretary under para­graph (1) shall be prescribed jointly with each Federal func­tional regulator (as defined in section 509 of the Gramm-Leach­Bliley Act, including the Commodity Futures Trading Commis­sion) appropriate for such financial institution.

“(5)   EXEMPTIONS.—The Secretary (and, in the case of any financial institution described in paragraph (4), any Federal agency described in such paragraph) may, by regulation or order, exempt any financial institution or type of account from the requirements of any regulation prescribed under this sub­section in accordance with such standards and procedures as the Secretary may prescribe.

“(6)   EFFECTIVE DATE.—Final regulations prescribed under this subsection shall take effect before the end of the 1-year period beginning on the date of enactment of the International Money Laundering Abatement and Financial Anti-Terrorism Act of 2001.”.

(b) STUDY AND REPORT REQUIRED.—Within 6 months after the

date of enactment of this Act, the Secretary, in consultation with the Federal functional regulators (as defined in section 509 of the Gramm-Leach-Bliley Act) and other appropriate Government agencies, shall submit a report to the Congress containing rec­ommendations for—

(1)  determining the most timely and effective way to require foreign nationals to provide domestic financial institutions and agencies with appropriate and accurate information, com­parable to that which is required of United States nationals, concerning the identity, address, and other related information about such foreign nationals necessary to enable such institu­tions and agencies to comply with the requirements of this section;

(2)  requiring foreign nationals to apply for and obtain, before opening an account with a domestic financial institution, an identification number which would function similarly to a Social Security number or tax identification number; and

(3)  establishing a system for domestic financial institutions and agencies to review information maintained by relevant Government agencies for purposes of verifying the identities of foreign nationals seeking to open accounts at those institu­tions and agencies.

SEC. 327. CONSIDERATION OF ANTI-MONEY LAUNDERING RECORD.

(a) BANK HOLDING COMPANY ACT OF 1956.—

(1) IN GENERAL.—Section 3(c) of the Bank Holding Com­pany Act of 1956 (12 U.S.C. 1842(c)) is amended by adding at the end the following new paragraph:

“(6) MONEY LAUNDERING.—In every case, the Board shall take into consideration the effectiveness of the company or companies in combatting money laundering activities, including in overseas branches.”.

 

(2) SCOPE OF APPLICATION.—The amendment made by para­graph (1) shall apply with respect to any application submitted to the Board of Governors of the Federal Reserve System under section 3 of the Bank Holding Company Act of 1956 after December 31, 2001, which has not been approved by the Board before the date of enactment of this Act.

(b) MERGERS SUBJECT TO REVIEW UNDER FEDERAL DEPOSIT INSURANCE ACT.—

(1) IN GENERAL.—Section 18(c) of the Federal Deposit Insur­ance Act (12 U.S.C. 1828(c)) is amended—

(A)  by redesignating paragraph (11) as paragraph (12); and

(B)   by inserting after paragraph (10), the following new paragraph:

“(11) MONEY LAUNDERING.—In every case, the responsible agency, shall take into consideration the effectiveness of any insured depository institution involved in the proposed merger transaction in combatting money laundering activities, including in overseas branches.”.

(2) SCOPE OF APPLICATION.—The amendment made by para­graph (1) shall apply with respect to any application submitted to the responsible agency under section 18(c) of the Federal Deposit Insurance Act after December 31, 2001, which has not been approved by all appropriate responsible agencies before the date of enactment of this Act.

SEC. 328. INTERNATIONAL COOPERATION ON IDENTIFICATION OF ORIGINATORS OF WIRE TRANSFERS.

The Secretary shall—

(1)   in consultation with the Attorney General and the Sec­retary of State, take all reasonable steps to encourage foreign governments to require the inclusion of the name of the origi­nator in wire transfer instructions sent to the United States and other countries, with the information to remain with the transfer from its origination until the point of disbursement; and

(2)   report annually to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate on—

(A) progress toward the goal enumerated in paragraph (1), as well as impediments to implementation and an estimated compliance rate; and

(B) impediments to instituting a regime in which all appropriate identification, as defined by the Secretary, about wire transfer recipients shall be included with wire transfers from their point of origination until disbursement.

SEC. 329. CRIMINAL PENALTIES.

Any person who is an official or employee of any department, agency, bureau, office, commission, or other entity of the Federal Government, and any other person who is acting for or on behalf of any such entity, who, directly or indirectly, in connection with the administration of this title, corruptly demands, seeks, receives, accepts, or agrees to receive or accept anything of value personally or for any other person or entity in return for—

(1) being influenced in the performance of any official act;

 

(2)  being influenced to commit or aid in the committing, or to collude in, or allow, any fraud, or make opportunity for the commission of any fraud, on the United States; or

(3)  being induced to do or omit to do any act in violation of the official duty of such official or person,

shall be fined in an amount not more than 3 times the monetary equivalent of the thing of value, or imprisoned for not more than 15 years, or both. A violation of this section shall be subject to chapter 227 of title 18, United States Code, and the provisions of the United States Sentencing Guidelines.

SEC. 330. INTERNATIONAL COOPERATION IN INVESTIGATIONS OF MONEY LAUNDERING, FINANCIAL CRIMES, AND THE FINANCES OF TERRORIST GROUPS.

(a) NEGOTIATIONS.—It is the sense of the Congress that the Presi­dent should direct the Secretary of State, the Attorney General, or the Secretary of the Treasury, as appropriate, and in consultation with the Board of Governors of the Federal Reserve System, to seek to enter into negotiations with the appropriate financial super­visory agencies and other officials of any foreign country the finan­cial institutions of which do business with United States financial institutions or which may be utilized by any foreign terrorist organization (as designated under section 219 of the Immigration and Nationality Act), any person who is a member or representative of any such organization, or any person engaged in money laun­dering or financial or other crimes.

(b) PURPOSES OF NEGOTIATIONS.—It is the sense of the Congress that, in carrying out any negotiations described in paragraph (1), the President should direct the Secretary of State, the Attorney General, or the Secretary of the Treasury, as appropriate, to seek to enter into and further cooperative efforts, voluntary information exchanges, the use of letters rogatory, mutual legal assistance trea­ties, and international agreements to—

(1) ensure that foreign banks and other financial institu‑

tions maintain adequate records of transaction and account information relating to any foreign terrorist organization (as designated under section 219 of the Immigration and Nation­ality Act), any person who is a member or representative of any such organization, or any person engaged in money laun­dering or financial or other crimes; and

(2) establish a mechanism whereby such records may be made available to United States law enforcement officials and domestic financial institution supervisors, when appropriate.

Subtitle B—Bank Secrecy Act Amendments and Related Improvements

SEC. 351. AMENDMENTS RELATING TO REPORTING OF SUSPICIOUS ACTIVITIES.

(a) AMENDMENT RELATING TO CIVIL LIABILITY IMMUNITY FOR DISCLOSURES.—Section 5318(g)(3) of title 31, United States Code, is amended to read as follows:

“(3) LIABILITY FOR DISCLOSURES.—

“(A) IN GENERAL.—Any financial institution that makes a voluntary disclosure of any possible violation of law or regulation to a government agency or makes a disclosure

 

pursuant to this subsection or any other authority, and any director, officer, employee, or agent of such institution who makes, or requires another to make any such disclo­sure, shall not be liable to any person under any law or regulation of the United States, any constitution, law, or regulation of any State or political subdivision of any State, or under any contract or other legally enforceable agreement (including any arbitration agreement), for such disclosure or for any failure to provide notice of such disclo­sure to the person who is the subject of such disclosure or any other person identified in the disclosure.

“(B) RULE OF CONSTRUCTION.—Subparagraph (A) shall not be construed as creating—

“(i)  any inference that the term ‘person’, as used in such subparagraph, may be construed more broadly than its ordinary usage so as to include any govern­ment or agency of government; or

“(ii)any immunity against, or otherwise affecting, any civil or criminal action brought by any government or agency of government to enforce any constitution, law, or regulation of such government or agency.”. (b) PROHIBITION ON NOTIFICATION OF DISCLOSURES.—Section 5318(g)(2) of title 31, United States Code, is amended to read as follows:

“(2) NOTIFICATION PROHIBITED.—

“(A) IN GENERAL.—If a financial institution or any director, officer, employee, or agent of any financial institu­tion, voluntarily or pursuant to this section or any other authority, reports a suspicious transaction to a government agency—

“(i)  the financial institution, director, officer, employee, or agent may not notify any person involved in the transaction that the transaction has been reported; and

“(ii)no officer or employee of the Federal Govern­ment or of any State, local, tribal, or territorial govern­ment within the United States, who has any knowledge that such report was made may disclose to any person involved in the transaction that the transaction has been reported, other than as necessary to fulfill the official duties of such officer or employee.

“(B) DISCLOSURES IN CERTAIN EMPLOYMENT REF­ERENCES.—

“(i) RULE OF CONSTRUCTION.—Notwithstanding the application of subparagraph (A) in any other context, subparagraph (A) shall not be construed as prohibiting any financial institution, or any director, officer, employee, or agent of such institution, from including information that was included in a report to which subparagraph (A) applies—

“(I)        in a written employment reference that is provided in accordance with section 18(w) of the Federal Deposit Insurance Act in response to a request from another financial institution; or

“(II)      in a written termination notice or employ­ment reference that is provided in accordance with

 

the rules of a self-regulatory organization reg­istered with the Securities and Exchange Commis­sion or the Commodity Futures Trading Commis­sion,

except that such written reference or notice may not disclose that such information was also included in any such report, or that such report was made.

“(ii) INFORMATION NOT REQUIRED.—Clause (i) shall not be construed, by itself, to create any affirmative duty to include any information described in clause (i) in any employment reference or termination notice referred to in clause (i).”.

 

SEC. 352. ANTI-MONEY LAUNDERING PROGRAMS.

(a) IN GENERAL.—Section 5318(h) of title 31, United States Code, is amended to read as follows:

“(h) ANTI-MONEY LAUNDERING PROGRAMS.—

“(1) IN GENERAL.—In order to guard against money laun­dering through financial institutions, each financial institution shall establish anti-money laundering programs, including, at a minimum—

“(A)    the development of internal policies, procedures, and controls;

“(B)     the designation of a compliance officer;

“(C)     an ongoing employee training program; and

“(D)  an independent audit function to test programs.

“(2) REGULATIONS.—The Secretary of the Treasury, after consultation with the appropriate Federal functional regulator (as defined in section 509 of the Gramm-Leach-Bliley Act), may prescribe minimum standards for programs established under paragraph (1), and may exempt from the application of those standards any financial institution that is not subject to the provisions of the rules contained in part 103 of title 31, of the Code of Federal Regulations, or any successor rule thereto, for so long as such financial institution is not subject to the provisions of such rules.”.

(b) EFFECTIVE DATE.—The amendment made by subsection (a) shall take effect at the end of the 180-day period beginning on the date of enactment of this Act.

(c) DATE OF APPLICATION OF REGULATIONS; FACTORS TO BE TAKEN INTO ACCOUNT.—Before the end of the 180-day period begin­ning on the date of enactment of this Act, the Secretary shall prescribe regulations that consider the extent to which the require­ments imposed under this section are commensurate with the size, location, and activities of the financial institutions to which such regulations apply.

SEC. 353. PENALTIES FOR VIOLATIONS OF GEOGRAPHIC TARGETING ORDERS AND CERTAIN RECORDKEEPING REQUIRE­MENTS, AND LENGTHENING EFFECTIVE PERIOD OF GEOGRAPHIC TARGETING ORDERS.

(a) CIVIL PENALTY FOR VIOLATION OF TARGETING ORDER.— Section 5321(a)(1) of title 31, United States Code, is amended—

(1)      by inserting “or order issued” after “subchapter or a regulation prescribed”; and

(2)   by inserting “, or willfully violating a regulation pre­scribed under section 21 of the Federal Deposit Insurance Act

 

or section 123 of Public Law 91–508,” after “sections 5314 and 5315)”.

(b) CRIMINAL PENALTIES FOR VIOLATION OF TARGETING ORDER.—Section 5322 of title 31, United States Code, is amended—

(1) in subsection (a)—

(A)  by inserting “or order issued” after “willfully vio­lating this subchapter or a regulation prescribed”; and

(B)   by inserting “, or willfully violating a regulation prescribed under section 21 of the Federal Deposit Insur­ance Act or section 123 of Public Law 91–508,” after “under section 5315 or 5324)”; and

(2) in subsection (b)—

(A)  by inserting “or order issued” after “willfully vio­lating this subchapter or a regulation prescribed”; and

(B)   by inserting “or willfully violating a regulation prescribed under section 21 of the Federal Deposit Insur­ance Act or section 123 of Public Law 91–508,” after “under section 5315 or 5324),”.

(c) STRUCTURING TRANSACTIONS TO EVADE TARGETING ORDER OR CERTAIN RECORDKEEPING REQUIREMENTS.—Section 5324(a) of title 31, United States Code, is amended—

(1)        by inserting a comma after “shall”;

(2)        by striking “section—” and inserting “section, the reporting or recordkeeping requirements imposed by any order issued under section 5326, or the recordkeeping requirements imposed by any regulation prescribed under section 21 of the Federal Deposit Insurance Act or section 123 of Public Law 91–508—”;

(3)        in paragraph (1), by inserting “, to file a report or to maintain a record required by an order issued under section 5326, or to maintain a record required pursuant to any regula­tion prescribed under section 21 of the Federal Deposit Insur­ance Act or section 123 of Public Law 91–508” after “regulation prescribed under any such section”; and

(4)        in paragraph (2), by inserting “, to file a report or to maintain a record required by any order issued under section 5326, or to maintain a record required pursuant to any regula­tion prescribed under section 5326, or to maintain a record required pursuant to any regulation prescribed under section 21 of the Federal Deposit Insurance Act or section 123 of Public Law 91–508,” after “regulation prescribed under any such section”.

(d) LENGTHENING EFFECTIVE PERIOD OF GEOGRAPHIC TAR­GETING ORDERS.—Section 5326(d) of title 31, United States Code, is amended by striking “more than 60” and inserting “more than 180”.

SEC. 354. ANTI-MONEY LAUNDERING STRATEGY.

Section 5341(b) of title 31, United States Code, is amended by adding at the end the following:

“(12) DATA REGARDING FUNDING OF TERRORISM.—Data con­cerning money laundering efforts related to the funding of acts of international terrorism, and efforts directed at the prevention, detection, and prosecution of such funding.”.

 

SEC. 355. AUTHORIZATION TO INCLUDE SUSPICIONS OF ILLEGAL ACTIVITY IN WRITTEN EMPLOYMENT REFERENCES.

Section 18 of the Federal Deposit Insurance Act (12 U.S.C. 1828) is amended by adding at the end the following:

“(w) WRITTEN EMPLOYMENT REFERENCES MAY CONTAIN SUS­PICIONS OF INVOLVEMENT IN ILLEGAL ACTIVITY.—

“(1)   AUTHORITY TO DISCLOSE INFORMATION.—Notwith­standing any other provision of law, any insured depository institution, and any director, officer, employee, or agent of such institution, may disclose in any written employment ref­erence relating to a current or former institution-affiliated party of such institution which is provided to another insured deposi­tory institution in response to a request from such other institu­tion, information concerning the possible involvement of such institution-affiliated party in potentially unlawful activity.

“(2)   INFORMATION NOT REQUIRED.—Nothing in paragraph (1) shall be construed, by itself, to create any affirmative duty to include any information described in paragraph (1) in any employment reference referred to in paragraph (1).

“(3)   MALICIOUS INTENT.—Notwithstanding any other provi­sion of this subsection, voluntary disclosure made by an insured depository institution, and any director, officer, employee, or agent of such institution under this subsection concerning potentially unlawful activity that is made with malicious intent, shall not be shielded from liability from the person identified in the disclosure.

“(4)   DEFINITION.—For purposes of this subsection, the term ‘insured depository institution’ includes any uninsured branch or agency of a foreign bank.”.

SEC. 356. REPORTING OF SUSPICIOUS ACTIVITIES BY SECURITIES BRO­KERS AND DEALERS; INVESTMENT COMPANY STUDY.

(a)   DEADLINE FOR SUSPICIOUS ACTIVITY REPORTING REQUIRE­MENTS FOR REGISTERED BROKERS AND DEALERS.—The Secretary, after consultation with the Securities and Exchange Commission and the Board of Governors of the Federal Reserve System, shall publish proposed regulations in the Federal Register before January 1, 2002, requiring brokers and dealers registered with the Securities and Exchange Commission under the Securities Exchange Act of 1934 to submit suspicious activity reports under section 5318(g) of title 31, United States Code. Such regulations shall be published in final form not later than July 1, 2002.

(b)     SUSPICIOUS ACTIVITY REPORTING REQUIREMENTS FOR FUTURES COMMISSION MERCHANTS, COMMODITY TRADING ADVISORS, AND COMMODITY POOL OPERATORS.—The Secretary, in consultation with the Commodity Futures Trading Commission, may prescribe regulations requiring futures commission merchants, commodity trading advisors, and commodity pool operators registered under the Commodity Exchange Act to submit suspicious activity reports under section 5318(g) of title 31, United States Code.

(c)      REPORT ON INVESTMENT COMPANIES.—

(1) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Secretary, the Board of Governors of the Federal Reserve System, and the Securities and Exchange Commission shall jointly submit a report to the Con­gress on recommendations for effective regulations to apply the requirements of subchapter II of chapter 53 of title 31,

 

United States Code, to investment companies pursuant to sec­tion 5312(a)(2)(I) of title 31, United States Code.

(2) DEFINITION.—For purposes of this subsection, the term “investment company”—

(A)    has the same meaning as in section 3 of the Invest­ment Company Act of 1940 (15 U.S.C. 80a–3); and

(B)  includes any person that, but for the exceptions

provided for in paragraph (1) or (7) of section 3(c) of the Investment Company Act of 1940 (15 U.S.C. 80a–3(c)), would be an investment company.

(3) ADDITIONAL RECOMMENDATIONS.—The report required

by paragraph (1) may make different recommendations for dif­ferent types of entities covered by this subsection.

(4) BENEFICIAL OWNERSHIP OF PERSONAL HOLDING COMPA­NIES.—The report described in paragraph (1) shall also include recommendations as to whether the Secretary should promul­gate regulations to treat any corporation or business or other grantor trust whose assets are predominantly securities, bank certificates of deposit, or other securities or investment instruments (other than such as relate to operating subsidiaries of such corporation or trust) and that has 5 or fewer common shareholders or holders of beneficial or other equity interest, as a financial institution within the meaning of that phrase in section 5312(a)(2)(I) and whether to require such corporations or trusts to disclose their beneficial owners when opening accounts or initiating funds transfers at any domestic financial institution.

SEC. 357. SPECIAL REPORT ON ADMINISTRATION OF BANK SECRECY PROVISIONS.

(a)    REPORT REQUIRED.—Not later than 6 months after the date of enactment of this Act, the Secretary shall submit a report to the Congress relating to the role of the Internal Revenue Service in the administration of subchapter II of chapter 53 of title 31, United States Code (commonly known as the “Bank Secrecy Act”).

(b)  CONTENTS.—The report required by subsection (a)—

(1) shall specifically address, and contain recommendations concerning—

(A)  whether it is advisable to shift the processing of information reporting to the Department of the Treasury under the Bank Secrecy Act provisions to facilities other than those managed by the Internal Revenue Service; and

(B)  whether it remains reasonable and efficient, in light of the objective of both anti-money-laundering pro­grams and Federal tax administration, for the Internal Revenue Service to retain authority and responsibility for audit and examination of the compliance of money services businesses and gaming institutions with those Bank Secrecy Act provisions; and

(2) shall, if the Secretary determines that the information processing responsibility or the audit and examination responsi­bility of the Internal Revenue Service, or both, with respect to those Bank Secrecy Act provisions should be transferred to other agencies, include the specific recommendations of the Secretary regarding the agency or agencies to which any such function should be transferred, complete with a budgetary and resources plan for expeditiously accomplishing the transfer.

Deadline.

 

SEC. 358. BANK SECRECY PROVISIONS AND ACTIVITIES OF UNITED STATES INTELLIGENCE AGENCIES TO FIGHT INTER­NATIONAL TERRORISM.

(a)  AMENDMENT RELATING TO THE PURPOSES OF CHAPTER 53 OF TITLE 31, UNITED STATES CODE.—Section 5311 of title 31, United States Code, is amended by inserting before the period at the end the following: “, or in the conduct of intelligence or counterintel­ligence activities, including analysis, to protect against international terrorism”.

(b)  AMENDMENT RELATING TO REPORTING OF SUSPICIOUS ACTIVI­TIES.—Section 5318(g)(4)(B) of title 31, United States Code, is amended by striking “or supervisory agency” and inserting “, super­visory agency, or United States intelligence agency for use in the conduct of intelligence or counterintelligence activities, including analysis, to protect against international terrorism”.

(c)  AMENDMENT RELATING TO AVAILABILITY OF REPORTS.—Sec­tion 5319 of title 31, United States Code, is amended to read as follows:

Ҥ 5319. Availability of reports

“The Secretary of the Treasury shall make information in a report filed under this subchapter available to an agency, including any State financial institutions supervisory agency, United States intelligence agency or self-regulatory organization registered with the Securities and Exchange Commission or the Commodity Futures Trading Commission, upon request of the head of the agency or organization. The report shall be available for a purpose that is consistent with this subchapter. The Secretary may only require reports on the use of such information by any State financial institutions supervisory agency for other than supervisory purposes or by United States intelligence agencies. However, a report and records of reports are exempt from disclosure under section 552 of title 5.”.

(d)  AMENDMENT RELATING TO THE PURPOSES OF THE BANK SECRECY ACT PROVISIONS.—Section 21(a) of the Federal Deposit Insurance Act (12 U.S.C. 1829b(a)) is amended to read as follows:

“(a) CONGRESSIONAL FINDINGS AND DECLARATION OF PUR­POSE.—

“(1) FINDINGS.—Congress finds that—

“(A)           adequate records maintained by insured depository institutions have a high degree of usefulness in criminal, tax, and regulatory investigations or proceedings, and that, given the threat posed to the security of the Nation on and after the terrorist attacks against the United States on September 11, 2001, such records may also have a high degree of usefulness in the conduct of intelligence or counterintelligence activities, including analysis, to pro­tect against domestic and international terrorism; and

“(B)           microfilm or other reproductions and other records made by insured depository institutions of checks, as well as records kept by such institutions, of the identity of persons maintaining or authorized to act with respect to accounts therein, have been of particular value in pro­ceedings described in subparagraph (A).

“(2) PURPOSE.—It is the purpose of this section to require the maintenance of appropriate types of records by insured depository institutions in the United States where such records

 

have a high degree of usefulness in criminal, tax, or regulatory investigations or proceedings, recognizes that, given the threat posed to the security of the Nation on and after the terrorist attacks against the United States on September 11, 2001, such records may also have a high degree of usefulness in the conduct of intelligence or counterintelligence activities, including analysis, to protect against international terrorism.”.

(e) AMENDMENT RELATING TO THE PURPOSES OF THE BANK SECRECY ACT.—Section 123(a) of Public Law 91–508 (12 U.S.C. 1953(a)) is amended to read as follows:

“(a) REGULATIONS.—If the Secretary determines that the maintenance of appropriate records and procedures by any unin­sured bank or uninsured institution, or any person engaging in the business of carrying on in the United States any of the functions referred to in subsection (b), has a high degree of usefulness in criminal, tax, or regulatory investigations or proceedings, and that, given the threat posed to the security of the Nation on and after the terrorist attacks against the United States on September 11, 2001, such records may also have a high degree of usefulness in the conduct of intelligence or counterintelligence activities, including analysis, to protect against international terrorism, he may by regulation require such bank, institution, or person.”.

(f) AMENDMENTS TO THE RIGHT TO FINANCIAL PRIVACY ACT.— The Right to Financial Privacy Act of 1978 is amended—

(1) in section 1112(a) (12 U.S.C. 3412(a)), by inserting “, or intelligence or counterintelligence activity, investigation or analysis related to international terrorism” after “legitimate law enforcement inquiry”;

(2) in section 1114(a)(1) (12 U.S.C. 3414(a)(1))—

(A)  in subparagraph (A), by striking “or” at the end;

(B)  in subparagraph (B), by striking the period at the end and inserting “; or”; and

(C)  by adding at the end the following:

“(C) a Government authority authorized to conduct investigations of, or intelligence or counterintelligence anal­yses related to, international terrorism for the purpose of conducting such investigations or analyses.”; and

(3) in section 1120(a)(2) (12 U.S.C. 3420(a)(2)), by inserting “, or for a purpose authorized by section 1112(a)” before the semicolon at the end.

(g) AMENDMENT TO THE FAIR CREDIT REPORTING ACT.—

(1) IN GENERAL.—The Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) is amended—

(A)  by redesignating the second of the 2 sections des­ignated as section 624 (15 U.S.C. 1681u) (relating to disclo­sure to FBI for counterintelligence purposes) as section 625; and

(B)  by adding at the end the following new section:

Ҥ 626. Disclosures to governmental agencies for counterterrorism purposes

“(a) DISCLOSURE.—Notwithstanding section 604 or any other provision of this title, a consumer reporting agency shall furnish a consumer report of a consumer and all other information in a consumer’s file to a government agency authorized to conduct investigations of, or intelligence or counterintelligence activities or analysis related to, international terrorism when presented with

 

a written certification by such government agency that such information is necessary for the agency’s conduct or such investiga­tion, activity or analysis.

“(b)  FORM OF CERTIFICATION.—The certification described in subsection (a) shall be signed by a supervisory official designated by the head of a Federal agency or an officer of a Federal agency whose appointment to office is required to be made by the President, by and with the advice and consent of the Senate.

“(c)   CONFIDENTIALITY.—No consumer reporting agency, or officer, employee, or agent of such consumer reporting agency, shall disclose to any person, or specify in any consumer report, that a government agency has sought or obtained access to information under subsection (a).

“(d)  RULE OF CONSTRUCTION.—Nothing in section 625 shall be construed to limit the authority of the Director of the Federal Bureau of Investigation under this section.

“(e)   SAFE HARBOR.—Notwithstanding any other provision of this title, any consumer reporting agency or agent or employee thereof making disclosure of consumer reports or other information pursuant to this section in good-faith reliance upon a certification of a governmental agency pursuant to the provisions of this section shall not be liable to any person for such disclosure under this subchapter, the constitution of any State, or any law or regulation of any State or any political subdivision of any State.”.

(2) CLERICAL AMENDMENTS.—The table of sections for the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) is amended—

(A)  by redesignating the second of the 2 items des­ignated as section 624 as section 625; and

(B)  by inserting after the item relating to section 625 (as so redesignated) the following new item:

“626. Disclosures to governmental agencies for counterterrorism purposes.”.

(h) APPLICATION OF AMENDMENTS.—The amendments made by this section shall apply with respect to reports filed or records maintained on, before, or after the date of enactment of this Act.

SEC. 359. REPORTING OF SUSPICIOUS ACTIVITIES BY UNDERGROUND BANKING SYSTEMS.

(a)    DEFINITION FOR SUBCHAPTER.—Section 5312(a)(2)(R) of title 31, United States Code, is amended to read as follows:

“(R) a licensed sender of money or any other person who engages as a business in the transmission of funds, including any person who engages as a business in an informal money transfer system or any network of people who engage as a business in facilitating the transfer of money domestically or internationally outside of the conventional financial institutions system;”.

(b)  MONEY TRANSMITTING BUSINESS.—Section 5330(d)(1)(A) of title 31, United States Code, is amended by inserting before the semicolon the following: “or any other person who engages as a business in the transmission of funds, including any person who engages as a business in an informal money transfer system or any network of people who engage as a business in facilitating the transfer of money domestically or internationally outside of the conventional financial institutions system;”.

(c)    APPLICABILITY OF RULES.—Section 5318 of title 31, United States Code, as amended by this title, is amended by adding at the end the following:

 

“(l) APPLICABILITY OF RULES.—Any rules promulgated pursuant to the authority contained in section 21 of the Federal Deposit Insurance Act (12 U.S.C. 1829b) shall apply, in addition to any other financial institution to which such rules apply, to any person that engages as a business in the transmission of funds, including any person who engages as a business in an informal money transfer system or any network of people who engage as a business in facilitating the transfer of money domestically or internationally outside of the conventional financial institutions system.”.

(d) REPORT.—Not later than 1 year after the date of enactment of this Act, the Secretary of the Treasury shall report to Congress on the need for any additional legislation relating to persons who engage as a business in an informal money transfer system or any network of people who engage as a business in facilitating the transfer of money domestically or internationally outside of the conventional financial institutions system, counter money laun­dering and regulatory controls relating to underground money move­ment and banking systems, including whether the threshold for the filing of suspicious activity reports under section 5318(g) of title 31, United States Code should be lowered in the case of such systems.

SEC. 360. USE OF AUTHORITY OF UNITED STATES EXECUTIVE DIREC­TORS.

(a) ACTION BY THE PRESIDENT.—If the President determines that a particular foreign country has taken or has committed to take actions that contribute to efforts of the United States to respond to, deter, or prevent acts of international terrorism, the Secretary may, consistent with other applicable provisions of law, instruct the United States Executive Director of each international financial institution to use the voice and vote of the Executive Director to support any loan or other utilization of the funds of respective institutions for such country, or any public or private entity within such country.

(b) USE OF VOICE AND VOTE.—The Secretary may instruct the United States Executive Director of each international financial institution to aggressively use the voice and vote of the Executive Director to require an auditing of disbursements at such institutions to ensure that no funds are paid to persons who commit, threaten to commit, or support terrorism.

(c) DEFINITION.—For purposes of this section, the term “inter­national financial institution” means an institution described in section 1701(c)(2) of the International Financial Institutions Act (22 U.S.C. 262r(c)(2)).

SEC. 361. FINANCIAL CRIMES ENFORCEMENT NETWORK.

(a) IN GENERAL.—Subchapter I of chapter 3 of title 31, United States Code, is amended—

(1) by redesignating section 310 as section 311; and

(2) by inserting after section 309 the following new section:

Ҥ 310. Financial Crimes Enforcement Network

“(a)   IN GENERAL.—The Financial Crimes Enforcement Network established by order of the Secretary of the Treasury (Treasury Order Numbered 105-08, in this section referred to as ‘FinCEN’) on April 25, 1990, shall be a bureau in the Department of the Treasury.

“(b)   DIRECTOR.—

 

“(1) APPOINTMENT.—The head of FinCEN shall be the Director, who shall be appointed by the Secretary of the Treasury.

“(2) DUTIES AND POWERS.—The duties and powers of the Director are as follows:

“(A) Advise and make recommendations on matters relating to financial intelligence, financial criminal activi­ties, and other financial activities to the Under Secretary of the Treasury for Enforcement.

“(B) Maintain a government-wide data access service, with access, in accordance with applicable legal require­ments, to the following:

“(i)        Information collected by the Department of the Treasury, including report information filed under subchapter II of chapter 53 of this title (such as reports on cash transactions, foreign financial agency trans­actions and relationships, foreign currency trans­actions, exporting and importing monetary instruments, and suspicious activities), chapter 2 of title I of Public Law 91–508, and section 21 of the Federal Deposit Insurance Act.

“(ii)       Information regarding national and inter­national currency flows.

“(iii)     Other records and data maintained by other Federal, State, local, and foreign agencies, including financial and other records developed in specific cases.

“(iv)      Other privately and publicly available information.

“(C) Analyze and disseminate the available data in accordance with applicable legal requirements and policies and guidelines established by the Secretary of the Treasury and the Under Secretary of the Treasury for Enforcement to—

“(i)        identify possible criminal activity to appro­priate Federal, State, local, and foreign law enforce­ment agencies;

“(ii)       support ongoing criminal financial investiga­tions and prosecutions and related proceedings, including civil and criminal tax and forfeiture pro­ceedings;

“(iii)     identify possible instances of noncompliance with subchapter II of chapter 53 of this title, chapter 2 of title I of Public Law 91–508, and section 21 of the Federal Deposit Insurance Act to Federal agencies with statutory responsibility for enforcing compliance with such provisions and other appropriate Federal regulatory agencies;

“(iv)      evaluate and recommend possible uses of spe­cial currency reporting requirements under section 5326;

“(v)       determine emerging trends and methods in money laundering and other financial crimes;

“(vi)      support the conduct of intelligence or counter­intelligence activities, including analysis, to protect against international terrorism; and

“(vii)    support government initiatives against money laundering.

 

“(D) Establish and maintain a financial crimes commu­nications center to furnish law enforcement authorities with intelligence information related to emerging or ongoing investigations and undercover operations.

“(E)  Furnish research, analytical, and informational services to financial institutions, appropriate Federal regu­latory agencies with regard to financial institutions, and appropriate Federal, State, local, and foreign law enforce­ment authorities, in accordance with policies and guidelines established by the Secretary of the Treasury or the Under Secretary of the Treasury for Enforcement, in the interest of detection, prevention, and prosecution of terrorism, orga­nized crime, money laundering, and other financial crimes.

“(F)  Assist Federal, State, local, and foreign law enforcement and regulatory authorities in combatting the use of informal, nonbank networks and payment and barter system mechanisms that permit the transfer of funds or the equivalent of funds without records and without compli­ance with criminal and tax laws.

“(G) Provide computer and data support and data anal­ysis to the Secretary of the Treasury for tracking and controlling foreign assets.

“(H) Coordinate with financial intelligence units in other countries on anti-terrorism and anti-money laun­dering initiatives, and similar efforts.

“(I)   Administer the requirements of subchapter II of chapter 53 of this title, chapter 2 of title I of Public Law 91–508, and section 21 of the Federal Deposit Insurance Act, to the extent delegated such authority by the Secretary of the Treasury.

“(J)   Such other duties and powers as the Secretary of the Treasury may delegate or prescribe. “(c) REQUIREMENTS RELATING TO MAINTENANCE AND USE OF

DATA BANKS.—The Secretary of the Treasury shall establish and maintain operating procedures with respect to the government-wide data access service and the financial crimes communications center maintained by FinCEN which provide—

“(1) for the coordinated and efficient transmittal of informa­tion to, entry of information into, and withdrawal of information from, the data maintenance system maintained by the Network, including—

“(A)    the submission of reports through the Internet or other secure network, whenever possible;

“(B)    the cataloguing of information in a manner that facilitates rapid retrieval by law enforcement personnel of meaningful data; and

“(C)  a procedure that provides for a prompt initial review of suspicious activity reports and other reports, or such other means as the Secretary may provide, to identify information that warrants immediate action; and

“(2) in accordance with section 552a of title 5 and the Right to Financial Privacy Act of 1978, appropriate standards and guidelines for determining—

“(A)    who is to be given access to the information main­tained by the Network;

“(B)    what limits are to be imposed on the use of such information; and

 

“(C) how information about activities or relationships which involve or are closely associated with the exercise of constitutional rights is to be screened out of the data maintenance system.

“(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated for FinCEN such sums as may be necessary for fiscal years 2002, 2003, 2004, and 2005.”.

(b)   COMPLIANCE WITH REPORTING REQUIREMENTS.—The Sec­retary of the Treasury shall study methods for improving compliance with the reporting requirements established in section 5314 of title 31, United States Code, and shall submit a report on such study to the Congress by the end of the 6-month period beginning on the date of enactment of this Act and each 1-year period there­after. The initial report shall include historical data on compliance with such reporting requirements.

(c)    CLERICAL AMENDMENT.—The table of sections for subchapter I of chapter 3 of title 31, United States Code, is amended—

(1)    by redesignating the item relating to section 310 as section 311; and

(2)    by inserting after the item relating to section 309 the following new item:

“310. Financial Crimes Enforcement Network.”.

SEC. 362. ESTABLISHMENT OF HIGHLY SECURE NETWORK.

(a) IN GENERAL.—The Secretary shall establish a highly secure network in the Financial Crimes Enforcement Network that—

(1)  allows financial institutions to file reports required under subchapter II or III of chapter 53 of title 31, United States Code, chapter 2 of Public Law 91–508, or section 21 of the Federal Deposit Insurance Act through the secure net­work; and

(2)  provides financial institutions with alerts and other information regarding suspicious activities that warrant imme­diate and enhanced scrutiny.

(b) EXPEDITED DEVELOPMENT.—The Secretary shall take such

action as may be necessary to ensure that the secure network required under subsection (a) is fully operational before the end of the 9-month period beginning on the date of enactment of this Act.

SEC. 363. INCREASE IN CIVIL AND CRIMINAL PENALTIES FOR MONEY LAUNDERING.

(a)         CIVIL PENALTIES.—Section 5321(a) of title 31, United States Code, is amended by adding at the end the following:

“(7) PENALTIES FOR INTERNATIONAL COUNTER MONEY LAUN­DERING VIOLATIONS.—The Secretary may impose a civil money penalty in an amount equal to not less than 2 times the amount of the transaction, but not more than $1,000,000, on any financial institution or agency that violates any provision of subsection (i) or (j) of section 5318 or any special measures imposed under section 5318A.”.

(b)         CRIMINAL PENALTIES.—Section 5322 of title 31, United States Code, is amended by adding at the end the following:

“(d) A financial institution or agency that violates any provision of subsection (i) or (j) of section 5318, or any special measures imposed under section 5318A, or any regulation prescribed under subsection (i) or (j) of section 5318 or section 5318A, shall be

 

fined in an amount equal to not less than 2 times the amount of the transaction, but not more than $1,000,000.”.

SEC. 364. UNIFORM PROTECTION AUTHORITY FOR FEDERAL RESERVE FACILITIES.

Section 11 of the Federal Reserve Act (12 U.S.C. 248) is amended by adding at the end the following:

“(q) UNIFORM PROTECTION AUTHORITY FOR FEDERAL RESERVE FACILITIES.—

“(1)  Notwithstanding any other provision of law, to authorize personnel to act as law enforcement officers to protect and safeguard the premises, grounds, property, personnel, including members of the Board, of the Board, or any Federal reserve bank, and operations conducted by or on behalf of the Board or a reserve bank.

“(2)  The Board may, subject to the regulations prescribed under paragraph (5), delegate authority to a Federal reserve bank to authorize personnel to act as law enforcement officers to protect and safeguard the bank’s premises, grounds, property, personnel, and operations conducted by or on behalf of the bank.

“(3)  Law enforcement officers designated or authorized by the Board or a reserve bank under paragraph (1) or (2) are authorized while on duty to carry firearms and make arrests without warrants for any offense against the United States committed in their presence, or for any felony cognizable under the laws of the United States committed or being committed within the buildings and grounds of the Board or a reserve bank if they have reasonable grounds to believe that the person to be arrested has committed or is committing such a felony. Such officers shall have access to law enforcement information that may be necessary for the protection of the property or personnel of the Board or a reserve bank.

“(4)  For purposes of this subsection, the term ‘law enforce­ment officers’ means personnel who have successfully completed law enforcement training and are authorized to carry firearms and make arrests pursuant to this subsection.

“(5)  The law enforcement authorities provided for in this subsection may be exercised only pursuant to regulations pre­scribed by the Board and approved by the Attorney General.”.

SEC. 365. REPORTS RELATING TO COINS AND CURRENCY RECEIVED IN NONFINANCIAL TRADE OR BUSINESS.

(a) REPORTS REQUIRED.—Subchapter II of chapter 53 of title 31, United States Code, is amended by adding at the end the following new section:

Ҥ 5331. Reports relating to coins and currency received in nonfinancial trade or business

“(a) COIN AND CURRENCY RECEIPTS OF MORE THAN $10,000.— Any person—

“(1)     who is engaged in a trade or business; and

“(2)     who, in the course of such trade or business, receives more than $10,000 in coins or currency in 1 transaction (or 2 or more related transactions),

shall file a report described in subsection (b) with respect to such transaction (or related transactions) with the Financial Crimes

 

Enforcement Network at such time and in such manner as the Secretary may, by regulation, prescribe.

“(b) FORM AND MANNER OF REPORTS.—A report is described in this subsection if such report—

“(1) is in such form as the Secretary may prescribe;

“(2) contains—

“(A)    the name and address, and such other identifica­tion information as the Secretary may require, of the person from whom the coins or currency was received;

“(B)    the amount of coins or currency received;

“(C)  the date and nature of the transaction; and

“(D) such other information, including the identifica­tion of the person filing the report, as the Secretary may prescribe.

“(c) EXCEPTIONS.—

“(1)        AMOUNTS RECEIVED BY FINANCIAL INSTITUTIONS.—Sub­section (a) shall not apply to amounts received in a transaction reported under section 5313 and regulations prescribed under such section.

“(2)        TRANSACTIONS OCCURRING OUTSIDE THE UNITED STATES.—Except to the extent provided in regulations pre­scribed by the Secretary, subsection (a) shall not apply to any transaction if the entire transaction occurs outside the United States.

“(d) CURRENCY INCLUDES FOREIGN CURRENCY AND CERTAIN MONETARY INSTRUMENTS.—

“(1) IN GENERAL.—For purposes of this section, the term ‘currency’ includes—

“(A)    foreign currency; and

“(B)    to the extent provided in regulations prescribed by the Secretary, any monetary instrument (whether or not in bearer form) with a face amount of not more than $10,000.

“(2) SCOPE OF APPLICATION.—Paragraph (1)(B) shall not apply to any check drawn on the account of the writer in a financial institution referred to in subparagraph (A), (B), (C), (D), (E), (F), (G), (J), (K), (R), or (S) of section 5312(a)(2).”. (b) PROHIBITION ON STRUCTURING TRANSACTIONS.—

(1) IN GENERAL.—Section 5324 of title 31, United States Code, is amended—

(A)       by redesignating subsections (b) and (c) as sub­sections (c) and (d), respectively; and

(B)       by inserting after subsection (a) the following new subsection:

“(b) DOMESTIC COIN AND CURRENCY TRANSACTIONS INVOLVING NONFINANCIAL TRADES OR BUSINESSES.—No person shall, for the purpose of evading the report requirements of section 5333 or any regulation prescribed under such section—

“(1) cause or attempt to cause a nonfinancial trade or business to fail to file a report required under section 5333 or any regulation prescribed under such section;

“(2) cause or attempt to cause a nonfinancial trade or business to file a report required under section 5333 or any regulation prescribed under such section that contains a mate­rial omission or misstatement of fact; or

 

PUBLIC LAW 107–56—OCT. 26, 2001              115 STAT. 335

 

“(3) structure or assist in structuring, or attempt to struc­ture or assist in structuring, any transaction with 1 or more nonfinancial trades or businesses.”.

(2) TECHNICAL AND CONFORMING AMENDMENTS.—

(A)    The heading for subsection (a) of section 5324 of title 31, United States Code, is amended by inserting “INVOLVING FINANCIAL INSTITUTIONS” after “TRANS­ACTIONS”.

(B)     Section 5317(c) of title 31, United States Code, is amended by striking “5324(b)” and inserting “5324(c)”. (c) DEFINITION OF NONFINANCIAL TRADE OR BUSINESS.—

(1) IN GENERAL.—Section 5312(a) of title 31, United States Code, is amended—

(A)    by redesignating paragraphs (4) and (5) as para­graphs (5) and (6), respectively; and

(B)     by inserting after paragraph (3) the following new paragraph:

“(4) NONFINANCIAL TRADE OR BUSINESS.—The term ‘non‑

financial trade or business’ means any trade or business other than a financial institution that is subject to the reporting requirements of section 5313 and regulations prescribed under such section.”.

(2) TECHNICAL AND CONFORMING AMENDMENTS.—

(A)    Section 5312(a)(3)(C) of title 31, United States Code, is amended by striking “section 5316,” and inserting “sections 5333 and 5316,”.

(B)     Subsections (a) through (f) of section 5318 of title 31, United States Code, and sections 5321, 5326, and 5328 of such title are each amended—

(i)  by inserting “or nonfinancial trade or business”after “financial institution” each place such term

appears; and

(ii)  by inserting “or nonfinancial trades or businesses” after “financial institutions” each place such term appears.

(c) CLERICAL AMENDMENT.—The table of sections for chapter 53 of title 31, United States Code, is amended by inserting after the item relating to section 5332 (as added by section 112 of this title) the following new item:

“5331. Reports relating to coins and currency received in nonfinancial trade or busi­ness.”.

(f) REGULATIONS.—Regulations which the Secretary determines are necessary to implement this section shall be published in final

form before the end of the 6-month period beginning on the date of enactment of this Act.

SEC. 366. EFFICIENT USE OF CURRENCY TRANSACTION REPORT SYSTEM.

(a) FINDINGS.—The Congress finds the following:

(1)   The Congress established the currency transaction reporting requirements in 1970 because the Congress found then that such reports have a high degree of usefulness in criminal, tax, and regulatory investigations and proceedings and the usefulness of such reports has only increased in the years since the requirements were established.

(2)   In 1994, in response to reports and testimony that excess amounts of currency transaction reports were interfering

 

with effective law enforcement, the Congress reformed the cur­rency transaction report exemption requirements to provide—

(A) mandatory exemptions for certain reports that had little usefulness for law enforcement, such as cash transfers between depository institutions and cash deposits from government agencies; and

(B) discretionary authority for the Secretary of the Treasury to provide exemptions, subject to criteria and guidelines established by the Secretary, for financial institutions with regard to regular business customers that maintain accounts at an institution into which frequent cash deposits are made.

(3) Today there is evidence that some financial institutions

are not utilizing the exemption system, or are filing reports even if there is an exemption in effect, with the result that the volume of currency transaction reports is once again inter­fering with effective law enforcement.

(b) STUDY AND REPORT.—

(1) STUDY REQUIRED.—The Secretary shall conduct a study of—

(A) the possible expansion of the statutory exemption system in effect under section 5313 of title 31, United States Code; and

(B) methods for improving financial institution utiliza­tion of the statutory exemption provisions as a way of reducing the submission of currency transaction reports that have little or no value for law enforcement purposes, including improvements in the systems in effect at financial institutions for regular review of the exemption procedures used at the institution and the training of personnel in its effective use.

(2) REPORT REQUIRED.—The Secretary of the Treasury shall

submit a report to the Congress before the end of the 1-year period beginning on the date of enactment of this Act containing the findings and conclusions of the Secretary with regard to the study required under subsection (a), and such recommenda­tions for legislative or administrative action as the Secretary determines to be appropriate.

Subtitle C—Currency Crimes and Protection

31 USC 5332 note.

SEC. 371. BULK CASH SMUGGLING INTO OR OUT OF THE UNITED STATES.

(a) FINDINGS.—The Congress finds the following:

(1)   Effective enforcement of the currency reporting require­ments of subchapter II of chapter 53 of title 31, United States Code, and the regulations prescribed under such subchapter, has forced drug dealers and other criminals engaged in cash-based businesses to avoid using traditional financial institu­tions.

(2)   In their effort to avoid using traditional financial institutions, drug dealers and other criminals are forced to move large quantities of currency in bulk form to and through the airports, border crossings, and other ports of entry where the currency can be smuggled out of the United States and

 

placed in a foreign financial institution or sold on the black market.

(3)  The transportation and smuggling of cash in bulk form may now be the most common form of money laundering, and the movement of large sums of cash is one of the most reliable warning signs of drug trafficking, terrorism, money laundering, racketeering, tax evasion and similar crimes.

(4)  The intentional transportation into or out of the United States of large amounts of currency or monetary instruments, in a manner designed to circumvent the mandatory reporting provisions of subchapter II of chapter 53 of title 31, United States Code,, is the equivalent of, and creates the same harm as, the smuggling of goods.

(5)  The arrest and prosecution of bulk cash smugglers are important parts of law enforcement’s effort to stop the laundering of criminal proceeds, but the couriers who attempt to smuggle the cash out of the United States are typically low-level employees of large criminal organizations, and thus are easily replaced. Accordingly, only the confiscation of the smuggled bulk cash can effectively break the cycle of criminal activity of which the laundering of the bulk cash is a critical part.

(6)  The current penalties for violations of the currency reporting requirements are insufficient to provide a deterrent to the laundering of criminal proceeds. In particular, in cases where the only criminal violation under current law is a reporting offense, the law does not adequately provide for the confiscation of smuggled currency. In contrast, if the smuggling of bulk cash were itself an offense, the cash could be confiscated as the corpus delicti of the smuggling offense.

(b) PURPOSES.—The purposes of this section are—

(1)    to make the act of smuggling bulk cash itself a criminal offense;

(2)    to authorize forfeiture of any cash or instruments of the smuggling offense; and

(3)    to emphasize the seriousness of the act of bulk cash smuggling.

(c) ENACTMENT OF BULK CASH SMUGGLING OFFENSE.—Sub­chapter II of chapter 53 of title 31, United States Code, is amended by adding at the end the following:

Ҥ 5332. Bulk cash smuggling into or out of the United States

“(a) CRIMINAL OFFENSE.—

“(1)      IN GENERAL.—Whoever, with the intent to evade a currency reporting requirement under section 5316, knowingly conceals more than $10,000 in currency or other monetary instruments on the person of such individual or in any convey­ance, article of luggage, merchandise, or other container, and transports or transfers or attempts to transport or transfer such currency or monetary instruments from a place within the United States to a place outside of the United States, or from a place outside the United States to a place within the United States, shall be guilty of a currency smuggling offense and subject to punishment pursuant to subsection (b).

“(2)      CONCEALMENT ON PERSON.—For purposes of this sec­tion, the concealment of currency on the person of any indi­vidual includes concealment in any article of clothing worn

 

by the individual or in any luggage, backpack, or other con­tainer worn or carried by such individual.

“(b) PENALTY.—

“(1) TERM OF IMPRISONMENT.—A person convicted of a cur­rency smuggling offense under subsection (a), or a conspiracy to commit such offense, shall be imprisoned for not more than 5 years.

“(2) FORFEITURE.—In addition, the court, in imposing sen­tence under paragraph (1), shall order that the defendant forfeit to the United States, any property, real or personal, involved in the offense, and any property traceable to such property, subject to subsection (d) of this section.

“(3) PROCEDURE.—The seizure, restraint, and forfeiture of property under this section shall be governed by section 413 of the Controlled Substances Act.

“(4) PERSONAL MONEY JUDGMENT.—If the property subject to forfeiture under paragraph (2) is unavailable, and the defend­ant has insufficient substitute property that may be forfeited pursuant to section 413(p) of the Controlled Substances Act, the court shall enter a personal money judgment against the defendant for the amount that would be subject to forfeiture.

“(c) CIVIL FORFEITURE.—

“(1) IN GENERAL.—Any property involved in a violation of subsection (a), or a conspiracy to commit such violation, and any property traceable to such violation or conspiracy, may be seized and, subject to subsection (d) of this section, forfeited to the United States.

“(2) PROCEDURE.—The seizure and forfeiture shall be gov­erned by the procedures governing civil forfeitures in money laundering cases pursuant to section 981(a)(1)(A) of title 18, United States Code.

“(3) TREATMENT OF CERTAIN PROPERTY AS INVOLVED IN THE OFFENSE.—For purposes of this subsection and subsection (b), any currency or other monetary instrument that is concealed or intended to be concealed in violation of subsection (a) or a conspiracy to commit such violation, any article, container, or conveyance used, or intended to be used, to conceal or transport the currency or other monetary instrument, and any other property used, or intended to be used, to facilitate the offense, shall be considered property involved in the offense.”. (c) CLERICAL AMENDMENT.—The table of sections for subchapter

II of chapter 53 of title 31, United States Code, is amended by

inserting after the item relating to section 5331, as added by this

Act, the following new item:

“5332. Bulk cash smuggling into or out of the United States.”.

SEC. 372. FORFEITURE IN CURRENCY REPORTING CASES.

(a) IN GENERAL.—Subsection (c) of section 5317 of title 31, United States Code, is amended to read as follows:

“(c) FORFEITURE.—

“(1) CRIMINAL FORFEITURE.—

“(A) IN GENERAL.—The court in imposing sentence for any violation of section 5313, 5316, or 5324 of this title, or any conspiracy to commit such violation, shall order the defendant to forfeit all property, real or personal, involved in the offense and any property traceable thereto.

 

“(B) PROCEDURE.—Forfeitures under this paragraph shall be governed by the procedures established in section 413 of the Controlled Substances Act.

“(2) CIVIL FORFEITURE.—Any property involved in a viola­tion of section 5313, 5316, or 5324 of this title, or any conspiracy to commit any such violation, and any property traceable to any such violation or conspiracy, may be seized and forfeited to the United States in accordance with the procedures gov­erning civil forfeitures in money laundering cases pursuant to section 981(a)(1)(A) of title 18, United States Code.”.

(b) CONFORMING AMENDMENTS.—

(1) Section 981(a)(1)(A) of title 18, United States Code, is amended—

(A)  by striking “of section 5313(a) or 5324(a) of title 31, or”; and

(B)   by striking “However” and all that follows through the end of the subparagraph.

(2) Section 982(a)(1) of title 18, United States Code, is amended—

(A)    by striking “of section 5313(a), 5316, or 5324 of title 31, or”; and

(B)     by striking “However” and all that follows through the end of the paragraph.

SEC. 373. ILLEGAL MONEY TRANSMITTING BUSINESSES.

(a) SCIENTER REQUIREMENT FOR SECTION 1960 VIOLATION.— Section 1960 of title 18, United States Code, is amended to read as follows:

Ҥ 1960. Prohibition of unlicensed money transmitting businesses

“(a)   Whoever knowingly conducts, controls, manages, super­vises, directs, or owns all or part of an unlicensed money transmit­ting business, shall be fined in accordance with this title or impris­oned not more than 5 years, or both.

“(b)   As used in this section—

“(1) the term ‘unlicensed money transmitting business’ means a money transmitting business which affects interstate or foreign commerce in any manner or degree and—

“(A)   is operated without an appropriate money transmitting license in a State where such operation is punishable as a misdemeanor or a felony under State law, whether or not the defendant knew that the operation was required to be licensed or that the operation was so punishable;

“(B)   fails to comply with the money transmitting busi­ness registration requirements under section 5330 of title 31, United States Code, or regulations prescribed under such section; or

“(C)   otherwise involves the transportation or trans­mission of funds that are known to the defendant to have been derived from a criminal offense or are intended to be used to be used to promote or support unlawful activity;

“(2) the term ‘money transmitting’ includes transferring funds on behalf of the public by any and all means including but not limited to transfers within this country or to locations abroad by wire, check, draft, facsimile, or courier; and

 

“(3) the term ‘State’ means any State of the United States, the District of Columbia, the Northern Mariana Islands, and any commonwealth, territory, or possession of the United States.”.

(b)         SEIZURE OF ILLEGALLY TRANSMITTED FUNDS.—Section 981(a)(1)(A) of title 18, United States Code, is amended by striking “or 1957” and inserting “, 1957 or 1960”.

(c)     CLERICAL AMENDMENT.—The table of sections for chapter 95 of title 18, United States Code, is amended in the item relating to section 1960 by striking “illegal” and inserting “unlicensed”.

SEC. 374. COUNTERFEITING DOMESTIC CURRENCY AND OBLIGATIONS.

(a) COUNTERFEIT ACTS COMMITTED OUTSIDE THE UNITED STATES.—Section 470 of title 18, United States Code, is amended—

(1)    in paragraph (2), by inserting “analog, digital, or elec­tronic image,” after “plate, stone,”; and

(2)  by striking “shall be fined under this title, imprisoned not more than 20 years, or both” and inserting “shall be pun­ished as is provided for the like offense within the United States”.

(b) OBLIGATIONS OR SECURITIES OF THE UNITED STATES.—Sec­tion 471 of title 18, United States Code, is amended by striking “fifteen years” and inserting “20 years”.

(c) UTTERING COUNTERFEIT OBLIGATIONS OR SECURITIES.—Sec­tion 472 of title 18, United States Code, is amended by striking “fifteen years” and inserting “20 years”.

(d) DEALING IN COUNTERFEIT OBLIGATIONS OR SECURITIES.— Section 473 of title 18, United States Code, is amended by striking “ten years” and inserting “20 years”.

(e) PLATES, STONES, OR ANALOG, DIGITAL, OR ELECTRONIC IMAGES FOR COUNTERFEITING OBLIGATIONS OR SECURITIES.—

(1)        IN GENERAL.—Section 474(a) of title 18, United States Code, is amended by inserting after the second paragraph the following new paragraph:

“Whoever, with intent to defraud, makes, executes, acquires,

scans, captures, records, receives, transmits, reproduces, sells, or has in such person’s control, custody, or possession, an analog, digital, or electronic image of any obligation or other security of the United States; or”.

(2)     AMENDMENT TO DEFINITION.—Section 474(b) of title 18, United States Code, is amended by striking the first sentence and inserting the following new sentence: “For purposes of this section, the term ‘analog, digital, or electronic image’ includes any analog, digital, or electronic method used for the making, execution, acquisition, scanning, capturing, recording, retrieval, transmission, or reproduction of any obligation or security, unless such use is authorized by the Secretary of the Treasury.”.

(3)        TECHNICAL AND CONFORMING AMENDMENT.—The heading for section 474 of title 18, United States Code, is amended by striking “or stones” and inserting “, stones, or analog, digital, or electronic images”.

(4)     CLERICAL AMENDMENT.—The table of sections for chapter 25 of title 18, United States Code, is amended in the item relating to section 474 by striking “or stones” and inserting “, stones, or analog, digital, or electronic images”.

 

(f) TAKING IMPRESSIONS OF TOOLS USED FOR OBLIGATIONS OR SECURITIES.—Section 476 of title 18, United States Code, is amended—

(1)    by inserting “analog, digital, or electronic image,” after “impression, stamp,”; and

(2)    by striking “ten years” and inserting “25 years”.

(g) POSSESSING OR SELLING IMPRESSIONS OF TOOLS USED FOR OBLIGATIONS OR SECURITIES.—Section 477 of title 18, United States Code, is amended—

(1)    in the first paragraph, by inserting “analog, digital, or electronic image,” after “imprint, stamp,”;

(2)    in the second paragraph, by inserting “analog, digital, or electronic image,” after “imprint, stamp,”; and

(3)    in the third paragraph, by striking “ten years” and inserting “25 years”.

(h) CONNECTING PARTS OF DIFFERENT NOTES.—Section 484 of

title 18, United States Code, is amended by striking “five years”and inserting “10 years”.

(i) BONDS AND OBLIGATIONS OF CERTAIN LENDING AGENCIES.— The first and second paragraphs of section 493 of title 18, United States Code, are each amended by striking “five years” and inserting “10 years”.

SEC. 375. COUNTERFEITING FOREIGN CURRENCY AND OBLIGATIONS.

(a)         FOREIGN OBLIGATIONS OR SECURITIES.—Section 478 of title 18, United States Code, is amended by striking “five years” and inserting “20 years”.

(b)         UTTERING COUNTERFEIT FOREIGN OBLIGATIONS OR SECURI­TIES.—Section 479 of title 18, United States Code, is amended by striking “three years” and inserting “20 years”.

(c)         POSSESSING COUNTERFEIT FOREIGN OBLIGATIONS OR SECURI­TIES.—Section 480 of title 18, United States Code, is amended by striking “one year” and inserting “20 years”.

(d)         PLATES, STONES, OR ANALOG, DIGITAL, OR ELECTRONIC IMAGES FOR COUNTERFEITING FOREIGN OBLIGATIONS OR SECURI­TIES.—

(1)     IN GENERAL.—Section 481 of title 18, United States Code, is amended by inserting after the second paragraph the following new paragraph:

“Whoever, with intent to defraud, makes, executes, acquires, scans, captures, records, receives, transmits, reproduces, sells, or has in such person’s control, custody, or possession, an analog, digital, or electronic image of any bond, certificate, obligation, or other security of any foreign government, or of any treasury note, bill, or promise to pay, lawfully issued by such foreign government and intended to circulate as money; or”.

(2)     INCREASED SENTENCE.—The last paragraph of section 481 of title 18, United States Code, is amended by striking “five years” and inserting “25 years”.

(3)     TECHNICAL AND CONFORMING AMENDMENT.—The heading for section 481 of title 18, United States Code, is amended by striking “or stones” and inserting “, stones, or analog, digital, or electronic images”.

(4)     CLERICAL AMENDMENT.—The table of sections for chapter 25 of title 18, United States Code, is amended in the item relating to section 481 by striking “or stones” and inserting “, stones, or analog, digital, or electronic images”.

 

(e)    FOREIGN BANK NOTES.—Section 482 of title 18, United States Code, is amended by striking “two years” and inserting “20 years”.

(f)    UTTERING COUNTERFEIT FOREIGN BANK NOTES.—Section 483

of title 18, United States Code, is amended by striking “one year”and inserting “20 years”.

SEC. 376. LAUNDERING THE PROCEEDS OF TERRORISM.

Section 1956(c)(7)(D) of title 18, United States Code, is amended by inserting “or 2339B” after “2339A”.

SEC. 377. EXTRATERRITORIAL JURISDICTION.

Section 1029 of title 18, United States Code, is amended by adding at the end the following:

“(h) Any person who, outside the jurisdiction of the United

States, engages in any act that, if committed within the jurisdiction of the United States, would constitute an offense under subsection (a) or (b) of this section, shall be subject to the fines, penalties, imprisonment, and forfeiture provided in this title if—

“(1) the offense involves an access device issued, owned, managed, or controlled by a financial institution, account issuer, credit card system member, or other entity within the jurisdic­tion of the United States; and

“(2) the person transports, delivers, conveys, transfers to or through, or otherwise stores, secrets, or holds within the jurisdiction of the United States, any article used to assist in the commission of the offense or the proceeds of such offense or property derived therefrom.”.

TITLE IV—PROTECTING THE BORDER

Subtitle A—Protecting the Northern

Border

SEC. 401. ENSURING ADEQUATE PERSONNEL ON THE NORTHERN BORDER.

The Attorney General is authorized to waive any FTE cap on personnel assigned to the Immigration and Naturalization Service on the Northern border.

Appropriation authorization.

SEC. 402. NORTHERN BORDER PERSONNEL.

There are authorized to be appropriated—

(1)  such sums as may be necessary to triple the number of Border Patrol personnel (from the number authorized under current law), and the necessary personnel and facilities to support such personnel, in each State along the Northern Border;

(2)  such sums as may be necessary to triple the number of Customs Service personnel (from the number authorized under current law), and the necessary personnel and facilities to support such personnel, at ports of entry in each State along the Northern Border;

(3)  such sums as may be necessary to triple the number of INS inspectors (from the number authorized on the date of the enactment of this Act), and the necessary personnel

 

and facilities to support such personnel, at ports of entry in each State along the Northern Border; and

(4) an additional $50,000,000 each to the Immigration and Naturalization Service and the United States Customs Service for purposes of making improvements in technology for moni­toring the Northern Border and acquiring additional equipment at the Northern Border.

 

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.

(a) AMENDMENT OF THE IMMIGRATION AND NATIONALITY ACT.­ Section 105 of the Immigration and Nationality Act (8 U.S.C. 1105) is amended—

(1)               in the section heading, by inserting “; DATA EXCHANGE”after “SECURITY OFFICERS”;

(2)               by inserting “(a)” after “SEC. 105.”;

(3)  in subsection (a), by inserting “and border” after “internal” the second place it appears; and

(4)  by adding at the end the following:

“(b)(1) The Attorney General and the Director of the Federal Bureau of Investigation shall provide the Department of State and the Service access to the criminal history record information contained in the National Crime Information Center’s Interstate Identification Index (NCIC-III), Wanted Persons File, and to any other files maintained by the National Crime Information Center that may be mutually agreed upon by the Attorney General and the agency receiving the access, for the purpose of determining whether or not a visa applicant or applicant for admission has a criminal history record indexed in any such file.

“(2) Such access shall be provided by means of extracts of the records for placement in the automated visa lookout or other appropriate database, and shall be provided without any fee or charge.

“(3) The Federal Bureau of Investigation shall provide periodic updates of the extracts at intervals mutually agreed upon with the agency receiving the access. Upon receipt of such updated extracts, the receiving agency shall make corresponding updates to its database and destroy previously provided extracts.

“(4) Access to an extract does not entitle the Department of State to obtain the full content of the corresponding automated criminal history record. To obtain the full content of a criminal history record, the Department of State shall submit the applicant’s fingerprints and any appropriate fingerprint processing fee author­ized by law to the Criminal Justice Information Services Division of the Federal Bureau of Investigation.

“(c) The provision of the extracts described in subsection (b) may be reconsidered by the Attorney General and the receiving agency upon the development and deployment of a more cost-effec­tive and efficient means of sharing the information.

“(d) For purposes of administering this section, the Department of State shall, prior to receiving access to NCIC data but not later than 4 months after the date of enactment of this subsection, promulgate final regulations—

“(1) to implement procedures for the taking of fingerprints;

 

“(2) to establish the conditions for the use of the information received from the Federal Bureau of Investigation, in order—

“(A) to limit the redissemination of such information;

“(B)  to ensure that such information is used solely to determine whether or not to issue a visa to an alien or to admit an alien to the United States;

“(C)  to ensure the security, confidentiality, and destruc­tion of such information; and

“(D) to protect any privacy rights of individuals who are subjects of such information.”.

(b)   REPORTING REQUIREMENT.—Not later than 2 years after the date of enactment of this Act, the Attorney General and the Secretary of State jointly shall report to Congress on the implementation of the amendments made by this section.

(c)       TECHNOLOGY STANDARD TO CONFIRM IDENTITY.—

(1) IN GENERAL.—The Attorney General and the Secretary of State jointly, through the National Institute of Standards and Technology (NIST), and in consultation with the Secretary of the Treasury and other Federal law enforcement and intel­ligence agencies the Attorney General or Secretary of State deems appropriate and in consultation with Congress, shall within 2 years after the date of the enactment of this section, develop and certify a technology standard that can be used to verify the identity of persons applying for a United States visa or such persons seeking to enter the United States pursu­ant to a visa for the purposes of conducting background checks, confirming identity, and ensuring that a person has not received a visa under a different name or such person seeking to enter the United States pursuant to a visa.

(2) INTEGRATED.—The technology standard developed pursuant to paragraph (1), shall be the technological basis for a cross-agency, cross-platform electronic system that is a cost-effective, efficient, fully integrated means to share law enforcement and intelligence information necessary to confirm the identity of such persons applying for a United States visa or such person seeking to enter the United States pursuant to a visa.

(3) ACCESSIBLE.—The electronic system described in para­graph (2), once implemented, shall be readily and easily acces­sible to—

(A)       all consular officers responsible for the issuance of visas;

(B)       all Federal inspection agents at all United States border inspection points; and

(C)    all law enforcement and intelligence officers as

determined by regulation to be responsible for investigation or identification of aliens admitted to the United States pursuant to a visa.

(4) REPORT.—Not later than 18 months after the date of

the enactment of this Act, and every 2 years thereafter, the Attorney General and the Secretary of State shall jointly, in consultation with the Secretary of Treasury, report to Congress describing the development, implementation, efficacy, and pri­vacy implications of the technology standard and electronic database system described in this subsection.

(5) FUNDING.—There is authorized to be appropriated to the Secretary of State, the Attorney General, and the Director

 

of the National Institute of Standards and Technology such sums as may be necessary to carry out the provisions of this subsection.

(d) STATUTORY CONSTRUCTION.—Nothing in this section, or in any other law, shall be construed to limit the authority of the Attorney General or the Director of the Federal Bureau of Investiga­tion to provide access to the criminal history record information contained in the National Crime Information Center’s (NCIC) Inter­state Identification Index (NCIC-III), or to any other information maintained by the NCIC, to any Federal agency or officer authorized to enforce or administer the immigration laws of the United States, for the purpose of such enforcement or administration, upon terms that are consistent with the National Crime Prevention and Privacy Compact Act of 1998 (subtitle A of title II of Public Law 105– 251; 42 U.S.C. 14611–16) and section 552a of title 5, United States Code.

SEC. 404. LIMITED AUTHORITY TO PAY OVERTIME.

The matter under the headings “Immigration And Naturaliza­tion Service: Salaries and Expenses, Enforcement And Border Affairs” and “Immigration And Naturalization Service: Salaries and Expenses, Citizenship And Benefits, Immigration And Program Direction” in the Department of Justice Appropriations Act, 2001 (as enacted into law by Appendix B (H.R. 5548) of Public Law 106–553 (114 Stat. 2762A–58 to 2762A–59)) is amended by striking the following each place it occurs: “Provided, That none of the funds available to the Immigration and Naturalization Service shall be available to pay any employee overtime pay in an amount in excess of $30,000 during the calendar year beginning January 1, 2001:”.

SEC. 405. REPORT ON THE INTEGRATED AUTOMATED FINGERPRINT IDENTIFICATION SYSTEM FOR PORTS OF ENTRY AND OVERSEAS CONSULAR POSTS.

(a)    IN GENERAL.—The Attorney General, in consultation with the appropriate heads of other Federal agencies, including the Sec­retary of State, Secretary of the Treasury, and the Secretary of Transportation, shall report to Congress on the feasibility of enhancing the Integrated Automated Fingerprint Identification System (IAFIS) of the Federal Bureau of Investigation and other identification systems in order to better identify a person who holds a foreign passport or a visa and may be wanted in connection with a criminal investigation in the United States or abroad, before the issuance of a visa to that person or the entry or exit from the United States by that person.

(b)   AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated not less than $2,000,000 to carry out this section.

Subtitle B—Enhanced Immigration
Provisions

SEC. 411. DEFINITIONS RELATING TO TERRORISM.

(a) GROUNDS OF INADMISSIBILITY.—Section 212(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)) is amended— (1) in subparagraph (B)—

(A) in clause (i)—

 

(i)    by amending subclause (IV) to read as follows: “(IV) is a representative (as defined in clause (v)) of—

“(aa) a foreign terrorist organization, as designated by the Secretary of State under section 219, or

“(bb) a political, social or other similar group whose public endorsement of acts of ter­rorist activity the Secretary of State has deter­mined undermines United States efforts to reduce or eliminate terrorist activities,”;

(ii)      in subclause (V), by inserting “or” after “section 219,”; and

(iii)    by adding at the end the following new sub-clauses:

“(VI)   has used the alien’s position of promi­nence within any country to endorse or espouse terrorist activity, or to persuade others to support terrorist activity or a terrorist organization, in a way that the Secretary of State has determined undermines United States efforts to reduce or eliminate terrorist activities, or

“(VII) is the spouse or child of an alien who is inadmissible under this section, if the activity causing the alien to be found inadmissible occurred within the last 5 years,”;

(B) by redesignating clauses (ii), (iii), and (iv) as clauses (iii), (iv), and (v), respectively;

(C) in clause (i)(II), by striking “clause (iii)” and inserting “clause (iv)”;

(D) by inserting after clause (i) the following:

“(ii) EXCEPTION.—Subclause (VII) of clause (i) does not apply to a spouse or child—

“(I)      who did not know or should not reasonably have known of the activity causing the alien to be found inadmissible under this section; or

“(II)    whom the consular officer or Attorney General has reasonable grounds to believe has renounced the activity causing the alien to be found inadmissible under this section.”;

(E) in clause (iii) (as redesignated by subparagraph (B))—

(i)        by inserting “it had been” before “committed in the United States”; and

(ii)  in subclause (V)(b), by striking “or firearm”and inserting “, firearm, or other weapon or dangerous

device”;

(F) by amending clause (iv) (as redesignated by subparagraph (B)) to read as follows:

“(iv) ENGAGE IN TERRORIST ACTIVITY DEFINED.­ As used in this chapter, the term ‘engage in terrorist activity’ means, in an individual capacity or as a member of an organization—

“(I)   to commit or to incite to commit, under circumstances indicating an intention to cause death or serious bodily injury, a terrorist activity;

“(II) to prepare or plan a terrorist activity;

 

“(III)    to gather information on potential tar­gets for terrorist activity;

“(IV)    to solicit funds or other things of value for—

“(aa) a terrorist activity;

“(bb) a terrorist organization described in clause (vi)(I) or (vi)(II); or

“(cc) a terrorist organization described in clause (vi)(III), unless the solicitor can dem­onstrate that he did not know, and should not reasonably have known, that the solicita­tion would further the organization’s terrorist activity;

“(V)      to solicit any individual—

“(aa) to engage in conduct otherwise described in this clause;

“(bb) for membership in a terrorist organization described in clause (vi)(I) or (vi)(II); or

“(cc) for membership in a terrorist organization described in clause (vi)(III), unless the solicitor can demonstrate that he did not know, and should not reasonably have known, that the solicitation would further the organization’s terrorist activity; or

“(VI) to commit an act that the actor knows, or reasonably should know, affords material sup­port, including a safe house, transportation, communications, funds, transfer of funds or other material financial benefit, false documentation or identification, weapons (including chemical, biological, or radiological weapons), explosives, or training—

“(aa) for the commission of a terrorist activity;

“(bb) to any individual who the actor knows, or reasonably should know, has com­mitted or plans to commit a terrorist activity;

“(cc) to a terrorist organization described in clause (vi)(I) or (vi)(II); or

“(dd) to a terrorist organization described in clause (vi)(III), unless the actor can dem­onstrate that he did not know, and should not reasonably have known, that the act would further the organization’s terrorist activity.

This clause shall not apply to any material support the alien afforded to an organization or individual that has committed terrorist activity, if the Sec­retary of State, after consultation with the Attorney General, or the Attorney General, after consultation with the Secretary of State, concludes in his sole unreviewable discretion, that this clause should not apply.”; and

(G) by adding at the end the following new clause: “(vi) TERRORIST ORGANIZATION DEFINED.—As used in clause (i)(VI) and clause (iv), the term ‘terrorist organization’ means an organization—

 

“(I)         designated under section 219;

“(II)       otherwise designated, upon publication in the Federal Register, by the Secretary of State in consultation with or upon the request of the Attorney General, as a terrorist organization, after finding that the organization engages in the activi­ties described in subclause (I), (II), or (III) of clause (iv), or that the organization provides material support to further terrorist activity; or

“(III)    that is a group of two or more individ­uals, whether organized or not, which engages in the activities described in subclause (I), (II), or (III) of clause (iv).”; and

(2) by adding at the end the following new subparagraph:

“(F) ASSOCIATION WITH TERRORIST ORGANIZATIONS.— Any alien who the Secretary of State, after consultation with the Attorney General, or the Attorney General, after consultation with the Secretary of State, determines has been associated with a terrorist organization and intends while in the United States to engage solely, principally, or incidentally in activities that could endanger the welfare, safety, or security of the United States is inadmissible.”.

(b) CONFORMING AMENDMENTS.—

(1)    Section 237(a)(4)(B) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(4)(B)) is amended by striking “section 212(a)(3)(B)(iii)” and inserting “section 212(a)(3)(B)(iv)”.

(2)  Section 208(b)(2)(A)(v) of the Immigration and Nation­ality Act (8 U.S.C. 1158(b)(2)(A)(v)) is amended by striking “or (IV)” and inserting “(IV), or (VI)”.

(c) RETROACTIVE APPLICATION OF AMENDMENTS.—

(1) IN GENERAL.—Except as otherwise provided in this sub­section, the amendments made by this section shall take effect on the date of the enactment of this Act and shall apply to—

(A)       actions taken by an alien before, on, or after such date; and

(B)       all aliens, without regard to the date of entry or attempted entry into the United States—

(i)        in removal proceedings on or after such date (except for proceedings in which there has been a final administrative decision before such date); or

(ii)      seeking admission to the United States on or after such date.

(2) SPECIAL RULE FOR ALIENS IN EXCLUSION OR DEPORTATION PROCEEDINGS.—Notwithstanding any other provision of law, sections 212(a)(3)(B) and 237(a)(4)(B) of the Immigration and Nationality Act, as amended by this Act, shall apply to all aliens in exclusion or deportation proceedings on or after the date of the enactment of this Act (except for proceedings in which there has been a final administrative decision before such date) as if such proceedings were removal proceedings.

(3) SPECIAL RULE FOR SECTION 219 ORGANIZATIONS AND

ORGANIZATIONS                DESIGNATED                UNDER                  SECTION

212(a)(3)(B)(vi)(II).—

(A) IN GENERAL.—Notwithstanding paragraphs (1) and (2), no alien shall be considered inadmissible under section 212(a)(3) of the Immigration and Nationality Act (8 U.S.C.

 

1182(a)(3)), or deportable under section 237(a)(4)(B) of such Act (8 U.S.C. 1227(a)(4)(B)), by reason of the amendments made by subsection (a), on the ground that the alien engaged in a terrorist activity described in subclause (IV)(bb), (V)(bb), or (VI)(cc) of section 212(a)(3)(B)(iv) of such Act (as so amended) with respect to a group at any time when the group was not a terrorist organization des­ignated by the Secretary of State under section 219 of such Act (8 U.S.C. 1189) or otherwise designated under section 212(a)(3)(B)(vi)(II) of such Act (as so amended).

(B) STATUTORY CONSTRUCTION.—Subparagraph (A) shall not be construed to prevent an alien from being considered inadmissible or deportable for having engaged in a terrorist activity—

(i)    described in subclause (IV)(bb), (V)(bb), or (VI)(cc) of section 212(a)(3)(B)(iv) of such Act (as so amended) with respect to a terrorist organization at any time when such organization was designated by the Secretary of State under section 219 of such Act or otherwise designated under section 212(a)(3)(B)(vi)(II) of such Act (as so amended); or

(ii)  described in subclause (IV)(cc), (V)(cc), or (VI)(dd) of section 212(a)(3)(B)(iv) of such Act (as so amended) with respect to a terrorist organization described in section 212(a)(3)(B)(vi)(III) of such Act (as so amended).

(4)   EXCEPTION.—The Secretary of State, in consultation with the Attorney General, may determine that the amend­ments made by this section shall not apply with respect to actions by an alien taken outside the United States before the date of the enactment of this Act upon the recommendation of a consular officer who has concluded that there is not reason­able ground to believe that the alien knew or reasonably should have known that the actions would further a terrorist activity. (c) DESIGNATION OF FOREIGN TERRORIST ORGANIZATIONS.—Sec‑

tion 219(a) of the Immigration and Nationality Act (8 U.S.C.

1189(a)) is amended—

(1)  in paragraph (1)(B), by inserting “or terrorism (as defined in section 140(d)(2) of the Foreign Relations Authoriza­tion Act, Fiscal Years 1988 and 1989 (22 U.S.C. 2656f(d)(2)), or retains the capability and intent to engage in terrorist activity or terrorism” after “212(a)(3)(B)”;

(2)  in paragraph (1)(C), by inserting “or terrorism” after “terrorist activity”;

(3)  by amending paragraph (2)(A) to read as follows:

“(A) NOTICE.—

“(i) TO CONGRESSIONAL LEADERS.—Seven days before making a designation under this subsection, the Secretary shall, by classified communication, notify the Speaker and Minority Leader of the House of Rep­resentatives, the President pro tempore, Majority Leader, and Minority Leader of the Senate, and the members of the relevant committees of the House of Representatives and the Senate, in writing, of the

 

intent to designate an organization under this sub­section, together with the findings made under para­graph (1) with respect to that organization, and the factual basis therefor.

“(ii) PUBLICATION IN FEDERAL REGISTER.—The Sec­retary shall publish the designation in the Federal Register seven days after providing the notification under clause (i).”;

(4)  in paragraph (2)(B)(i), by striking “subparagraph (A)”and inserting “subparagraph (A)(ii)”;

(5)  in paragraph (2)(C), by striking “paragraph (2)” and inserting “paragraph (2)(A)(i)”;

(6) in paragraph (3)(B), by striking “subsection (c)” and inserting “subsection (b)”;

(7) in paragraph (4)(B), by inserting after the first sentence the following: “The Secretary also may redesignate such organization at the end of any 2-year redesignation period (but not sooner than 60 days prior to the termination of such period) for an additional 2-year period upon a finding that the relevant circumstances described in paragraph (1) still exist. Any redesignation shall be effective immediately following the end of the prior 2-year designation or redesignation period unless a different effective date is provided in such redesigna­tion.”;

(8) in paragraph (6)(A)­

(A) by inserting “or a redesignation made under para­graph (4)(B)” after “paragraph (1)”;

(B) in clause (i)—

(i)     by inserting “or redesignation” after “designa­tion” the first place it appears; and

(ii)   by striking “of the designation”; and

(C) in clause (ii), by striking “of the designation”;

(9) in paragraph (6)(B)­

(A)  by striking “through (4)” and inserting “and (3)”; and

(B)  by inserting at the end the following new sentence: “Any revocation shall take effect on the date specified in the revocation or upon publication in the Federal Register if no effective date is specified.”;

(10) in paragraph (7), by inserting “, or the revocation of a redesignation under paragraph (6),” after “paragraph (5) or (6)”; and

(11) in paragraph (8)­

(A)  by striking “paragraph (1)(B)” and inserting “para­graph (2)(B), or if a redesignation under this subsection has become effective under paragraph (4)(B)”;

(B)   by inserting “or an alien in a removal proceedingafter “criminal action”; and

(C) by inserting “or redesignation” before “as a defense”.

SEC. 412. MANDATORY DETENTION OF SUSPECTED TERRORISTS; HABEAS CORPUS; JUDICIAL REVIEW.

(a) IN GENERAL.—The Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting after section 236 the following:

 

“MANDATORY DETENTION OF SUSPECTED TERRORISTS; HABEAS CORPUS; JUDICIAL REVIEW

“SEC. 236A. (a) DETENTION OF TERRORIST ALIENS.—                          8 USC 1226a.

“(1) CUSTODY.—The Attorney General shall take into cus­tody any alien who is certified under paragraph (3).

“(2) RELEASE.—Except as provided in paragraphs (5) and (6), the Attorney General shall maintain custody of such an alien until the alien is removed from the United States. Except as provided in paragraph (6), such custody shall be maintained irrespective of any relief from removal for which the alien may be eligible, or any relief from removal granted the alien, until the Attorney General determines that the alien is no longer an alien who may be certified under paragraph (3). If the alien is finally determined not to be removable, detention pursuant to this subsection shall terminate.

“(3) CERTIFICATION.—The Attorney General may certify an alien under this paragraph if the Attorney General has reason­able grounds to believe that the alien—

“(A)    is described in section 212(a)(3)(A)(i),

212(a)(3)(A)(iii),              212(a)(3)(B),             237(a)(4)(A)(i),
237(a)(4)(A)(iii), or 237(a)(4)(B); or

“(B)    is engaged in any other activity that endangers the national security of the United States.

“(4) NONDELEGATION.—The Attorney General may delegate the authority provided under paragraph (3) only to the Deputy Attorney General. The Deputy Attorney General may not dele­gate such authority.

“(5) COMMENCEMENT OF PROCEEDINGS.—The Attorney Gen­ Deadline. eral shall place an alien detained under paragraph (1) in removal proceedings, or shall charge the alien with a criminal offense, not later than 7 days after the commencement of such detention. If the requirement of the preceding sentence is not satisfied, the Attorney General shall release the alien.

“(6) LIMITATION ON INDEFINITE DETENTION.—An alien detained solely under paragraph (1) who has not been removed under section 241(a)(1)(A), and whose removal is unlikely in the reasonably foreseeable future, may be detained for addi­tional periods of up to six months only if the release of the alien will threaten the national security of the United States or the safety of the community or any person.

“(7) REVIEW OF CERTIFICATION.—The Attorney General shall review the certification made under paragraph (3) every 6 months. If the Attorney General determines, in the Attorney General’s discretion, that the certification should be revoked, the alien may be released on such conditions as the Attorney General deems appropriate, unless such release is otherwise prohibited by law. The alien may request each 6 months in writing that the Attorney General reconsider the certification and may submit documents or other evidence in support of that request.

“(b) HABEAS CORPUS AND JUDICIAL REVIEW.—

“(1) IN GENERAL.—Judicial review of any action or decision relating to this section (including judicial review of the merits of a determination made under subsection (a)(3) or (a)(6)) is available exclusively in habeas corpus proceedings consistent

 

with this subsection. Except as provided in the preceding sen­tence, no court shall have jurisdiction to review, by habeas corpus petition or otherwise, any such action or decision.

“(2) APPLICATION.—

“(A) IN GENERAL.—Notwithstanding any other provi­sion of law, including section 2241(a) of title 28, United States Code, habeas corpus proceedings described in para­graph (1) may be initiated only by an application filed with—

“(i)       the Supreme Court;

“(ii)     any justice of the Supreme Court;

“(iii)any circuit judge of the United States Court of Appeals for the District of Columbia Circuit; or

“(iv)    any district court otherwise having jurisdic­tion to entertain it.

“(B) APPLICATION TRANSFER.—Section 2241(b) of title 28, United States Code, shall apply to an application for a writ of habeas corpus described in subparagraph (A).

“(3) APPEALS.—Notwithstanding any other provision of law, including section 2253 of title 28, in habeas corpus proceedings described in paragraph (1) before a circuit or district judge, the final order shall be subject to review, on appeal, by the United States Court of Appeals for the District of Columbia Circuit. There shall be no right of appeal in such proceedings to any other circuit court of appeals.

“(4) RULE OF DECISION.—The law applied by the Supreme Court and the United States Court of Appeals for the District of Columbia Circuit shall be regarded as the rule of decision in habeas corpus proceedings described in paragraph (1).

“(c) STATUTORY CONSTRUCTION.—The provisions of this section shall not be applicable to any other provision of this Act.”.

(b)      CLERICAL AMENDMENT.—The table of contents of the Immigration and Nationality Act is amended by inserting after the item relating to section 236 the following:

“Sec. 236A. Mandatory detention of suspected terrorist; habeas corpus; judicial re‑

view.”.

(c)    REPORTS.—Not later than 6 months after the date of the enactment of this Act, and every 6 months thereafter, the Attorney General shall submit a report to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate, with respect to the reporting period, on—

(1)    the number of aliens certified under section 236A(a)(3) of the Immigration and Nationality Act, as added by subsection (a);

(2)    the grounds for such certifications;

(3)    the nationalities of the aliens so certified;

(4)    the length of the detention for each alien so certified;

and

(5)    the number of aliens so certified who—

(A)    were granted any form of relief from removal;

(B)     were removed;

(C)     the Attorney General has determined are no longer aliens who may be so certified; or

(D)    were released from detention.

 

SEC. 413. MULTILATERAL COOPERATION AGAINST TERRORISTS.

Section 222(f) of the Immigration and Nationality Act (8 U.S.C. 1202(f)) is amended—

(1) by striking “except that in the discretion of’’ and inserting the following: “except that—

“(1) in the discretion of’’; and

(2) by adding at the end the following:

“(2) the Secretary of State, in the Secretary’s discretion

and on the basis of reciprocity, may provide to a foreign govern­ment information in the Department of State’s computerized visa lookout database and, when necessary and appropriate, other records covered by this section related to information in the database—

“(A)  with regard to individual aliens, at any time on a case-by-case basis for the purpose of preventing, inves­tigating, or punishing acts that would constitute a crime in the United States, including, but not limited to, ter­rorism or trafficking in controlled substances, persons, or illicit weapons; or

“(B)  with regard to any or all aliens in the database, pursuant to such conditions as the Secretary of State shall establish in an agreement with the foreign government in which that government agrees to use such information and records for the purposes described in subparagraph (A) or to deny visas to persons who would be inadmissible to the United States.”.

SEC. 414. VISA INTEGRITY AND SECURITY.

(a) SENSE OF CONGRESS REGARDING THE NEED TO EXPEDITE IMPLEMENTATION OF INTEGRATED ENTRY AND EXIT DATA SYSTEM.—

(1) SENSE OF CONGRESS.—In light of the terrorist attacks perpetrated against the United States on September 11, 2001, it is the sense of the Congress that—

(A)  the Attorney General, in consultation with the Secretary of State, should fully implement the integrated entry and exit data system for airports, seaports, and land border ports of entry, as specified in section 110 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1365a), with all deliberate speed and as expeditiously as practicable; and

(B)  the Attorney General, in consultation with the Secretary of State, the Secretary of Commerce, the Sec­retary of the Treasury, and the Office of Homeland Secu­rity, should immediately begin establishing the Integrated Entry and Exit Data System Task Force, as described in section 3 of the Immigration and Naturalization Service Data Management Improvement Act of 2000 (Public Law 106–215).

(2) AUTHORIZATION OF APPROPRIATIONS.—There is author­ized to be appropriated such sums as may be necessary to fully implement the system described in paragraph (1)(A).

(b) DEVELOPMENT OF THE SYSTEM.—In the development of the

integrated entry and exit data system under section 110 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1365a), the Attorney General and the Secretary of State shall particularly focus on—

(1) the utilization of biometric technology; and

 

(2) the development of tamper-resistant documents read­able at ports of entry.

(c)    INTERFACE WITH LAW ENFORCEMENT DATABASES.—The entry and exit data system described in this section shall be able to interface with law enforcement databases for use by Federal law enforcement to identify and detain individuals who pose a threat to the national security of the United States.

(d)   REPORT ON SCREENING INFORMATION.—Not later than 12 months after the date of enactment of this Act, the Office of Home­land Security shall submit a report to Congress on the information that is needed from any United States agency to effectively screen visa applicants and applicants for admission to the United States to identify those affiliated with terrorist organizations or those that pose any threat to the safety or security of the United States, including the type of information currently received by United States agencies and the regularity with which such information is transmitted to the Secretary of State and the Attorney General.

SEC. 415. PARTICIPATION OF OFFICE OF HOMELAND SECURITY ON ENTRY-EXIT TASK FORCE.

Section 3 of the Immigration and Naturalization Service Data Management Improvement Act of 2000 (Public Law 106–215) is amended by striking “and the Secretary of the Treasury,” and inserting “the Secretary of the Treasury, and the Office of Homeland Security”.

SEC. 416. FOREIGN STUDENT MONITORING PROGRAM.

(a)    FULL IMPLEMENTATION AND EXPANSION OF FOREIGN STU­DENT VISA MONITORING PROGRAM REQUIRED.—The Attorney Gen­eral, in consultation with the Secretary of State, shall fully imple­ment and expand the program established by section 641(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372(a)).

(b)   INTEGRATION WITH PORT OF ENTRY INFORMATION.—For each alien with respect to whom information is collected under section 641 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372), the Attorney General, in consultation with the Secretary of State, shall include information on the date of entry and port of entry.

(c)    EXPANSION OF SYSTEM TO INCLUDE OTHER APPROVED EDU­CATIONAL INSTITUTIONS.—Section 641 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.1372) is amended—

(1)      in subsection (a)(1), subsection (c)(4)(A), and subsection (d)(1) (in the text above subparagraph (A)), by inserting “, other approved educational institutions,” after “higher edu­cation” each place it appears;

(2)      in subsections (c)(1)(C), (c)(1)(D), and (d)(1)(A), by inserting “, or other approved educational institution,” after “higher education” each place it appears;

(3)      in subsections (d)(2), (e)(1), and (e)(2), by inserting “, other approved educational institution,” after “higher edu­cation” each place it appears; and

(4)      in subsection (h), by adding at the end the following new paragraph:

“(3) OTHER APPROVED EDUCATIONAL INSTITUTION.—The term ‘other approved educational institution’ includes any air flight school, language training school, or vocational school,

 

approved by the Attorney General, in consultation with the Secretary of Education and the Secretary of State, under subparagraph (F), (J), or (M) of section 101(a)(15) of the Immigration and Nationality Act.”.

(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Department of Justice $36,800,000 for the period beginning on the date of enactment of this Act and ending on January 1, 2003, to fully implement and expand prior to January 1, 2003, the program established by section 641(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372(a)).

SEC. 417. MACHINE READABLE PASSPORTS.

(a) AUDITS.—The Secretary of State shall, each fiscal year until September 30, 2007—

(1)    perform annual audits of the implementation of section 217(c)(2)(B) of the Immigration and Nationality Act (8 U.S.C. 1187(c)(2)(B));

(2)    check for the implementation of precautionary measures to prevent the counterfeiting and theft of passports; and

(3)    ascertain that countries designated under the visa waiver program have established a program to develop tamper-resistant passports.

(b) PERIODIC REPORTS.—Beginning one year after the date of enactment of this Act, and every year thereafter until 2007, the Secretary of State shall submit a report to Congress setting forth the findings of the most recent audit conducted under subsection (a)(1).

(c) ADVANCING DEADLINE FOR SATISFACTION OF REQUIRE­MENT.—Section 217(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1187(a)(3)) is amended by striking “2007” and inserting “2003”.

(d) WAIVER.—Section 217(a)(3) of the Immigration and Nation­ality Act (8 U.S.C. 1187(a)(3)) is amended—

(1) by striking “On or after” and inserting the following:

“(A) IN GENERAL.—Except as provided in subparagraph (B), on or after”; and

(2) by adding at the end the following:

“(B) LIMITED WAIVER AUTHORITY.—For the period beginning October 1, 2003, and ending September 30, 2007, the Secretary of State may waive the requirement of subparagraph (A) with respect to nationals of a program country (as designated under subsection (c)), if the Sec­retary of State finds that the program country—

“(i)    is making progress toward ensuring that pass­ports meeting the requirement of subparagraph (A) are generally available to its nationals; and

“(ii)  has taken appropriate measures to protect against misuse of passports the country has issued that do not meet the requirement of subparagraph (A).”.

 

(b) ACTIONS TO BE TAKEN.—If the Secretary of State determines under subsection (a) that consular shopping is a problem, the Sec­retary shall take steps to address the problem and shall submit a report to Congress describing what action was taken.

Subtitle C—Preservation of Immigration
Benefits for Victims of Terrorism

SEC. 421. SPECIAL IMMIGRANT STATUS.

(a) IN GENERAL.—For purposes of the Immigration and Nation­ality Act (8 U.S.C. 1101 et seq.), the Attorney General may provide an alien described in subsection (b) with the status of a special immigrant under section 101(a)(27) of such Act (8 U.S.C. 1101(a(27)), if the alien—

(1)    files with the Attorney General a petition under section 204 of such Act (8 U.S.C. 1154) for classification under section 203(b)(4) of such Act (8 U.S.C. 1153(b)(4)); and

(2)    is otherwise eligible to receive an immigrant visa and is otherwise admissible to the United States for permanent residence, except in determining such admissibility, the grounds for inadmissibility specified in section 212(a)(4) of such Act (8 U.S.C. 1182(a)(4)) shall not apply.

(b) ALIENS DESCRIBED.—

(1) PRINCIPAL ALIENS.—An alien is described in this sub­section if—

(A) the alien was the beneficiary of—

(i) a petition that was filed with the Attorney

General on or before September 11, 2001—

(I)       under section 204 of the Immigration and Nationality Act (8 U.S.C. 1154) to classify the alien as a family-sponsored immigrant under section 203(a) of such Act (8 U.S.C. 1153(a)) or as an employment-based immigrant under section 203(b) of such Act (8 U.S.C. 1153(b)); or

(II)     under section 214(d) (8 U.S.C. 1184(d)) of such Act to authorize the issuance of a non­immigrant visa to the alien under section 101(a)(15)(K) of such Act (8 U.S.C. 1101(a)(15)(K)); or

(ii) an application for labor certification under sec­tion 212(a)(5)(A) of such Act (8 U.S.C. 1182(a)(5)(A)) that was filed under regulations of the Secretary of Labor on or before such date; and

(B) such petition or application was revoked or termi­nated (or otherwise rendered null), either before or after its approval, due to a specified terrorist activity that directly resulted in—

(i)   the death or disability of the petitioner, applicant, or alien beneficiary; or

(ii) loss of employment due to physical damage to, or destruction of, the business of the petitioner or applicant.

(2) SPOUSES AND CHILDREN.—

(A) IN GENERAL.—An alien is described in this sub­section if—

 

(i) the alien was, on September 10, 2001, the spouse or child of a principal alien described in para­graph (1); and

(ii)   the alien—

(I)    is accompanying such principal alien; or

(II)  is following to join such principal alien not later than September 11, 2003.

(B) CONSTRUCTION.—For purposes of construing the terms “accompanying” and “following to join” in subpara­graph (A)(ii), any death of a principal alien that is described in paragraph (1)(B)(i) shall be disregarded.

(3) GRANDPARENTS OF ORPHANS.—An alien is described in this subsection if the alien is a grandparent of a child, both of whose parents died as a direct result of a specified terrorist activity, if either of such deceased parents was, on September 10, 2001, a citizen or national of the United States or an alien lawfully admitted for permanent residence in the United States.

(c)    PRIORITY DATE.—Immigrant visas made available under this section shall be issued to aliens in the order in which a petition on behalf of each such alien is filed with the Attorney General under subsection (a)(1), except that if an alien was assigned a priority date with respect to a petition described in subsection (b)(1)(A)(i), the alien may maintain that priority date.

(d)   NUMERICAL LIMITATIONS.—For purposes of the application of sections 201 through 203 of the Immigration and Nationality Act (8 U.S.C. 1151–1153) in any fiscal year, aliens eligible to be provided status under this section shall be treated as special immigrants described in section 101(a)(27) of such Act (8 U.S.C. 1101(a)(27)) who are not described in subparagraph (A), (B), (C), or (K) of such section.

SEC. 422. EXTENSION OF FILING OR REENTRY DEADLINES.

(a) AUTOMATIC EXTENSION OF NONIMMIGRANT STATUS.—

(1) IN GENERAL.—Notwithstanding section 214 of the Immigration and Nationality Act (8 U.S.C. 1184), in the case of an alien described in paragraph (2) who was lawfully present in the United States as a nonimmigrant on September 10, 2001, the alien may remain lawfully in the United States in the same nonimmigrant status until the later of—

(A)  the date such lawful nonimmigrant status other­wise would have terminated if this subsection had not been enacted; or

(B)   1 year after the death or onset of disability described in paragraph (2).

(2) ALIENS DESCRIBED.—

(A)  PRINCIPAL ALIENS.—An alien is described in this paragraph if the alien was disabled as a direct result of a specified terrorist activity.

(B)   SPOUSES AND CHILDREN.—An alien is described in this paragraph if the alien was, on September 10, 2001, the spouse or child of—

(i) a principal alien described in subparagraph (A);

or

 

(3) AUTHORIZED EMPLOYMENT.—During the period in which a principal alien or alien spouse is in lawful nonimmigrant status under paragraph (1), the alien shall be provided an “employment authorized” endorsement or other appropriate document signifying authorization of employment not later than 30 days after the alien requests such authorization.

(b) NEW DEADLINES FOR EXTENSION OR CHANGE OF NON­IMMIGRANT STATUS.—

(1) FILING DELAYS.—In the case of an alien who was law­fully present in the United States as a nonimmigrant on Sep­tember 10, 2001, if the alien was prevented from filing a timely application for an extension or change of nonimmigrant status as a direct result of a specified terrorist activity, the alien’s application shall be considered timely filed if it is filed not later than 60 days after it otherwise would have been due.

(2) DEPARTURE DELAYS.—In the case of an alien who was lawfully present in the United States as a nonimmigrant on September 10, 2001, if the alien is unable timely to depart the United States as a direct result of a specified terrorist activity, the alien shall not be considered to have been unlaw­fully present in the United States during the period beginning on September 11, 2001, and ending on the date of the alien’s departure, if such departure occurs on or before November 11, 2001.

(3) SPECIAL RULE FOR ALIENS UNABLE TO RETURN FROM ABROAD.—

(A) PRINCIPAL ALIENS.—In the case of an alien who was in a lawful nonimmigrant status on September 10, 2001, but who was not present in the United States on such date, if the alien was prevented from returning to the United States in order to file a timely application for an extension of nonimmigrant status as a direct result of a specified terrorist activity—

(i)     the alien’s application shall be considered timely filed if it is filed not later than 60 days after it other­wise would have been due; and

(ii)   the alien’s lawful nonimmigrant status shall be considered to continue until the later of—

(I)      the date such status otherwise would have terminated if this subparagraph had not been enacted; or

(II)    the date that is 60 days after the date on which the application described in clause (i) otherwise would have been due.

(B) SPOUSES AND CHILDREN.—In the case of an alien who is the spouse or child of a principal alien described in subparagraph (A), if the spouse or child was in a lawful nonimmigrant status on September 10, 2001, the spouse or child may remain lawfully in the United States in the same nonimmigrant status until the later of—

(i)     the date such lawful nonimmigrant status other­wise would have terminated if this subparagraph had not been enacted; or

(ii) the date that is 60 days after the date on which the application described in subparagraph (A) otherwise would have been due.

(4) CIRCUMSTANCES PREVENTING TIMELY ACTION.—

 

(A) FILING DELAYS.—For purposes of paragraph (1), circumstances preventing an alien from timely acting are—

(i)                 office closures;

(ii)              mail or courier service cessations or delays; and

(iii)           other closures, cessations, or delays affecting case processing or travel necessary to satisfy legal requirements.

(B) DEPARTURE AND RETURN DELAYS.—For purposes of paragraphs (2) and (3), circumstances preventing an alien from timely acting are—

(i)                 office closures;

(ii)              airline flight cessations or delays; and

(iii)           other closures, cessations, or delays affecting case processing or travel necessary to satisfy legal requirements.

(c) DIVERSITY IMMIGRANTS.—

(1)    WAIVER OF FISCAL YEAR LIMITATION.—Notwithstanding section 203(e)(2) of the Immigration and Nationality Act (8 U.S.C. 1153(e)(2)), an immigrant visa number issued to an alien under section 203(c) of such Act for fiscal year 2001 may be used by the alien during the period beginning on October 1, 2001, and ending on April 1, 2002, if the alien establishes that the alien was prevented from using it during fiscal year 2001 as a direct result of a specified terrorist activity.

(2)    WORLDWIDE LEVEL.—In the case of an alien entering the United States as a lawful permanent resident, or adjusting to that status, under paragraph (1) or (3), the alien shall be counted as a diversity immigrant for fiscal year 2001 for purposes of section 201(e) of the Immigration and Nationality Act (8 U.S.C. 1151(e)), unless the worldwide level under such section for such year has been exceeded, in which case the alien shall be counted as a diversity immigrant for fiscal year 2002.

(3)    TREATMENT OF FAMILY MEMBERS OF CERTAIN ALIENS.— In the case of a principal alien issued an immigrant visa number under section 203(c) of the Immigration and Nationality Act (8 U.S.C. 1153(c)) for fiscal year 2001, if such principal alien died as a direct result of a specified terrorist activity, the aliens who were, on September 10, 2001, the spouse and children of such principal alien shall, until June 30, 2002, if not otherwise entitled to an immigrant status and the imme­diate issuance of a visa under subsection (a), (b), or (c) of section 203 of such Act, be entitled to the same status, and the same order of consideration, that would have been provided to such alien spouse or child under section 203(d) of such Act as if the principal alien were not deceased and as if the spouse or child’s visa application had been adjudicated by Sep­tember 30, 2001.

(4)    CIRCUMSTANCES PREVENTING TIMELY ACTION.—For pur­poses of paragraph (1), circumstances preventing an alien from using an immigrant visa number during fiscal year 2001 are—

(A)     office closures;

(B)     mail or courier service cessations or delays;

(C)     airline flight cessations or delays; and

(D)     other closures, cessations, or delays affecting case processing or travel necessary to satisfy legal requirements.

 

(d) EXTENSION OF EXPIRATION OF IMMIGRANT VISAS.—

(1)   IN GENERAL.—Notwithstanding the limitations under section 221(c) of the Immigration and Nationality Act (8 U.S.C. 1201(c)), in the case of any immigrant visa issued to an alien that expires or expired before December 31, 2001, if the alien was unable to effect entry into the United States as a direct result of a specified terrorist activity, then the period of validity of the visa is extended until December 31, 2001, unless a longer period of validity is otherwise provided under this sub­title.

(2)   CIRCUMSTANCES PREVENTING ENTRY.—For purposes of this subsection, circumstances preventing an alien from effecting entry into the United States are—

(A)  office closures;

(B)   airline flight cessations or delays; and

(C)   other closures, cessations, or delays affecting case processing or travel necessary to satisfy legal requirements.

(e) GRANTS OF PAROLE EXTENDED.—

(1)   IN GENERAL.—In the case of any parole granted by the Attorney General under section 212(d)(5) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(5)) that expires on a date on or after September 11, 2001, if the alien beneficiary of the parole was unable to return to the United States prior to the expiration date as a direct result of a specified terrorist activity, the parole is deemed extended for an additional 90 days.

(2)   CIRCUMSTANCES PREVENTING RETURN.—For purposes of this subsection, circumstances preventing an alien from timely returning to the United States are—

(A)  office closures;

(B)   airline flight cessations or delays; and

(C)   other closures, cessations, or delays affecting case processing or travel necessary to satisfy legal requirements.

(f) VOLUNTARY DEPARTURE.—Notwithstanding section 240B of

the Immigration and Nationality Act (8 U.S.C. 1229c), if a period for voluntary departure under such section expired during the period beginning on September 11, 2001, and ending on October 11, 2001, such voluntary departure period is deemed extended for an additional 30 days.

SEC. 423. HUMANITARIAN RELIEF FOR CERTAIN SURVIVING SPOUSES AND CHILDREN.

(a) TREATMENT AS IMMEDIATE RELATIVES.—

(1) SPOUSES.—Notwithstanding the second sentence of sec­tion 201(b)(2)(A)(i) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)), in the case of an alien who was the spouse of a citizen of the United States at the time of the citizen’s death and was not legally separated from the citizen at the time of the citizen’s death, if the citizen died as a direct result of a specified terrorist activity, the alien (and each child of the alien) shall be considered, for purposes of section 201(b) of such Act, to remain an immediate relative after the date of the citizen’s death, but only if the alien files a petition under section 204(a)(1)(A)(ii) of such Act within 2 years after such date and only until the date the alien remarries. For purposes of such section 204(a)(1)(A)(ii), an alien granted relief under the preceding sentence shall be considered

 

an alien spouse described in the second sentence of section 201(b)(2)(A)(i) of such Act.

(2) CHILDREN.—

(A)  IN GENERAL.—In the case of an alien who was

the child of a citizen of the United States at the time of the citizen’s death, if the citizen died as a direct result of a specified terrorist activity, the alien shall be consid­ered, for purposes of section 201(b) of the Immigration and Nationality Act (8 U.S.C. 1151(b)), to remain an imme­diate relative after the date of the citizen’s death (regard­less of changes in age or marital status thereafter), but only if the alien files a petition under subparagraph (B) within 2 years after such date.

(B)   PETITIONS.—An alien described in subparagraph

(A) may file a petition with the Attorney General for classi­fication of the alien under section 201(b)(2)(A)(i) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)). For purposes of such Act, such a petition shall be considered a petition filed under section 204(a)(1)(A) of such Act (8 U.S.C. 1154(a)(1)(A)).

(b) SPOUSES, CHILDREN, UNMARRIED SONS AND DAUGHTERS OF LAWFUL PERMANENT RESIDENT ALIENS.—

(1)     IN GENERAL.—Any spouse, child, or unmarried son or daughter of an alien described in paragraph (3) who is included in a petition for classification as a family-sponsored immigrant under section 203(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1153(a)(2)) that was filed by such alien before September 11, 2001, shall be considered (if the spouse, child, son, or daughter has not been admitted or approved for lawful permanent residence by such date) a valid petitioner for pref­erence status under such section with the same priority date as that assigned prior to the death described in paragraph (3)(A). No new petition shall be required to be filed. Such spouse, child, son, or daughter may be eligible for deferred action and work authorization.

(2)     SELF-PETITIONS.—Any spouse, child, or unmarried son or daughter of an alien described in paragraph (3) who is not a beneficiary of a petition for classification as a family-sponsored immigrant under section 203(a)(2) of the Immigration and Nationality Act may file a petition for such classification with the Attorney General, if the spouse, child, son, or daughter was present in the United States on September 11, 2001. Such spouse, child, son, or daughter may be eligible for deferred action and work authorization.

(3)     ALIENS DESCRIBED.—An alien is described in this para­graph if the alien—

(A)     died as a direct result of a specified terrorist activity; and

(B)     on the day of such death, was lawfully admitted for permanent residence in the United States.

(c) APPLICATIONS FOR ADJUSTMENT OF STATUS BY SURVIVING SPOUSES AND CHILDREN OF EMPLOYMENT-BASED IMMIGRANTS.— (1) IN GENERAL.—Any alien who was, on September 10, 2001, the spouse or child of an alien described in paragraph (2), and who applied for adjustment of status prior to the death described in paragraph (2)(A), may have such application adjudicated as if such death had not occurred.

 

(2) ALIENS DESCRIBED.—An alien is described in this para­graph if the alien—

(A)  died as a direct result of a specified terrorist activity; and

(B)  on the day before such death, was—

(i)     an alien lawfully admitted for permanent resi­dence in the United States by reason of having been allotted a visa under section 203(b) of the Immigration and Nationality Act (8 U.S.C. 1153(b)); or

(ii)   an applicant for adjustment of status to that of an alien described in clause (i), and admissible to the United States for permanent residence.

(d) WAIVER OF PUBLIC CHARGE GROUNDS.—In determining the admissibility of any alien accorded an immigration benefit under this section, the grounds for inadmissibility specified in section 212(a)(4) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(4)) shall not apply.

SEC. 424. “AGE-OUT” PROTECTION FOR CHILDREN.

For purposes of the administration of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), in the case of an alien—

(1)  whose 21st birthday occurs in September 2001, and who is the beneficiary of a petition or application filed under such Act on or before September 11, 2001, the alien shall be considered to be a child for 90 days after the alien’s 21st birthday for purposes of adjudicating such petition or applica­tion; and

(2)  whose 21st birthday occurs after September 2001, and who is the beneficiary of a petition or application filed under such Act on or before September 11, 2001, the alien shall be considered to be a child for 45 days after the alien’s 21st birthday for purposes of adjudicating such petition or applica­tion.

SEC. 425. TEMPORARY ADMINISTRATIVE RELIEF.

The Attorney General, for humanitarian purposes or to ensure family unity, may provide temporary administrative relief to any alien who—

(1)    was lawfully present in the United States on September 10, 2001;

(2)  was on such date the spouse, parent, or child of an individual who died or was disabled as a direct result of a specified terrorist activity; and

(3)    is not otherwise entitled to relief under any other provi­sion of this subtitle.

SEC. 426. EVIDENCE OF DEATH, DISABILITY, OR LOSS OF EMPLOY­MENT.

(a) IN GENERAL.—The Attorney General shall establish appro­priate standards for evidence demonstrating, for purposes of this subtitle, that any of the following occurred as a direct result of a specified terrorist activity:

(1)    Death.

(2)    Disability.

(3)    Loss of employment due to physical damage to, or destruction of, a business.

(b) WAIVER OF REGULATIONS.—The Attorney General shall carry out subsection (a) as expeditiously as possible. The Attorney General

 

is not required to promulgate regulations prior to implementing this subtitle.

SEC. 427. NO BENEFITS TO TERRORISTS OR FAMILY MEMBERS OF TERRORISTS.

Notwithstanding any other provision of this subtitle, nothing in this subtitle shall be construed to provide any benefit or relief to—

(1)   any individual culpable for a specified terrorist activity; or

(2)   any family member of any individual described in para­graph (1).

SEC. 428. DEFINITIONS.

(a)  APPLICATION OF IMMIGRATION AND NATIONALITY ACT PROVI­SIONS.—Except as otherwise specifically provided in this subtitle, the definitions used in the Immigration and Nationality Act (excluding the definitions applicable exclusively to title III of such Act) shall apply in the administration of this subtitle.

(b)  SPECIFIED TERRORIST ACTIVITY.—For purposes of this sub­title, the term “specified terrorist activity” means any terrorist activity conducted against the Government or the people of the United States on September 11, 2001.

TITLE V—REMOVING OBSTACLES TO
INVESTIGATING TERRORISM

SEC. 501. ATTORNEY GENERAL’S AUTHORITY TO PAY REWARDS TO COMBAT TERRORISM.

(a)    PAYMENT OF REWARDS TO COMBAT TERRORISM.—Funds available to the Attorney General may be used for the payment of rewards pursuant to public advertisements for assistance to the Department of Justice to combat terrorism and defend the Nation against terrorist acts, in accordance with procedures and regulations established or issued by the Attorney General.

(b)   CONDITIONS.—In making rewards under this section—

(1)  no such reward of $250,000 or more may be made or offered without the personal approval of either the Attorney General or the President;

(2)  the Attorney General shall give written notice to the Chairmen and ranking minority members of the Committees on Appropriations and the Judiciary of the Senate and of the House of Representatives not later than 30 days after the approval of a reward under paragraph (1);

(3)  any executive agency or military department (as defined, respectively, in sections 105 and 102 of title 5, United States Code) may provide the Attorney General with funds for the payment of rewards;

(4)  neither the failure of the Attorney General to authorize a payment nor the amount authorized shall be subject to judicial review; and

(5)  no such reward shall be subject to any per- or aggregate reward spending limitation established by law, unless that law expressly refers to this section, and no reward paid pursu­ant to any such offer shall count toward any such aggregate reward spending limitation.

 

SEC. 502. SECRETARY OF STATE’S AUTHORITY TO PAY REWARDS.

Section 36 of the State Department Basic Authorities Act of 1956 (Public Law 885, August 1, 1956; 22 U.S.C. 2708) is amended—

(1) in subsection (b)—

(A)    in paragraph (4), by striking “or” at the end;

(B)     in paragraph (5), by striking the period at the end and inserting “, including by dismantling an organiza­tion in whole or significant part; or”; and

(C)     by adding at the end the following:

“(6) the identification or location of an individual who holds a key leadership position in a terrorist organization.”;

(2) in subsection (d), by striking paragraphs (2) and (3) and redesignating paragraph (4) as paragraph (2); and

(3) in subsection (e)(1), by inserting “, except as personally authorized by the Secretary of State if he determines that offer or payment of an award of a larger amount is necessary to combat terrorism or defend the Nation against terrorist acts.” after “$5,000,000”.

SEC. 503. DNA IDENTIFICATION OF TERRORISTS AND OTHER VIOLENT OFFENDERS.

Section 3(d)(2) of the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135a(d)(2)) is amended to read as follows: “(2) In addition to the offenses described in paragraph (1), the following offenses shall be treated for purposes of this section as qualifying Federal offenses, as determined by the Attorney General:

“(A)    Any offense listed in section 2332b(g)(5)(B) of title 18, United States Code.

“(B)    Any crime of violence (as defined in section 16 of title 18, United States Code).

“(C)    Any attempt or conspiracy to commit any of the above offenses.”.

SEC. 504. COORDINATION WITH LAW ENFORCEMENT.

(a) INFORMATION ACQUIRED FROM AN ELECTRONIC SURVEIL­LANCE.—Section 106 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1806), is amended by adding at the end the following:

“(k)(1) Federal officers who conduct electronic surveillance to acquire foreign intelligence information under this title may consult with Federal law enforcement officers to coordinate efforts to inves­tigate or protect against—

“(A)    actual or potential attack or other grave hostile acts of a foreign power or an agent of a foreign power;

“(B)    sabotage or international terrorism by a foreign power or an agent of a foreign power; or

“(C)  clandestine intelligence activities by an intelligence service or network of a foreign power or by an agent of a foreign power.

“(2) Coordination authorized under paragraph (1) shall not preclude the certification required by section 104(a)(7)(B) or the entry of an order under section 105.”.

(b) INFORMATION ACQUIRED FROM A PHYSICAL SEARCH.—Section 305 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1825) is amended by adding at the end the following:

 

“(k)(1) Federal officers who conduct physical searches to acquire foreign intelligence information under this title may consult with Federal law enforcement officers to coordinate efforts to investigate or protect against—

“(A)      actual or potential attack or other grave hostile acts of a foreign power or an agent of a foreign power;

“(B)       sabotage or international terrorism by a foreign power or an agent of a foreign power; or

“(C)   clandestine intelligence activities by an intelligence service or network of a foreign power or by an agent of a foreign power.

“(2) Coordination authorized under paragraph (1) shall not preclude the certification required by section 303(a)(7) or the entry of an order under section 304.”.

SEC. 505. MISCELLANEOUS NATIONAL SECURITY AUTHORITIES.

(a) TELEPHONE TOLL AND TRANSACTIONAL RECORDS.—Section 2709(b) of title 18, United States Code, is amended—

(1) in the matter preceding paragraph (1), by inserting “at Bureau headquarters or a Special Agent in Charge in a Bureau field office designated by the Director” after “Assistant Director”;

(2) in paragraph (1)—

(A)  by striking “in a position not lower than Deputy Assistant Director”; and

(B) by striking “made that” and all that follows and inserting the following: “made that the name, address, length of service, and toll billing records sought are relevant to an authorized investigation to protect against inter­national terrorism or clandestine intelligence activities, provided that such an investigation of a United States person is not conducted solely on the basis of activities protected by the first amendment to the Constitution of the United States; and”; and

(3) in paragraph (2)—

(A)  by striking “in a position not lower than Deputy Assistant Director”; and

(B) by striking “made that” and all that follows and inserting the following: “made that the information sought is relevant to an authorized investigation to protect against international terrorism or clandestine intelligence activi­ties, provided that such an investigation of a United States person is not conducted solely upon the basis of activities protected by the first amendment to the Constitution of the United States.”.

(b) FINANCIAL RECORDS.—Section 1114(a)(5)(A) of the Right to Financial Privacy Act of 1978 (12 U.S.C. 3414(a)(5)(A)) is amended—

(1)   by inserting “in a position not lower than Deputy Assist­ant Director at Bureau headquarters or a Special Agent in

Charge in a Bureau field office designated by the Director”after “designee”; and

(2)   by striking “sought” and all that follows and inserting “sought for foreign counter intelligence purposes to protect against international terrorism or clandestine intelligence activities, provided that such an investigation of a United States

 

person is not conducted solely upon the basis of activities pro­tected by the first amendment to the Constitution of the United States.”.

(c) CONSUMER REPORTS.—Section 624 of the Fair Credit

Reporting Act (15 U.S.C. 1681u) is amended—

(1) in subsection (a)—

(A) by inserting “in a position not lower than Deputy Assistant Director at Bureau headquarters or a Special Agent in Charge of a Bureau field office designated by the Director” after “designee” the first place it appears; and

(B) by striking “in writing that” and all that follows through the end and inserting the following: “in writing, that such information is sought for the conduct of an authorized investigation to protect against international terrorism or clandestine intelligence activities, provided that such an investigation of a United States person is not conducted solely upon the basis of activities protected by the first amendment to the Constitution of the United States.”;

(2) in subsection (b)—

(A) by inserting “in a position not lower than Deputy Assistant Director at Bureau headquarters or a Special Agent in Charge of a Bureau field office designated by the Director” after “designee” the first place it appears; and

(B) by striking “in writing that” and all that follows through the end and inserting the following: “in writing that such information is sought for the conduct of an authorized investigation to protect against international terrorism or clandestine intelligence activities, provided that such an investigation of a United States person is not conducted solely upon the basis of activities protected by the first amendment to the Constitution of the United States.”; and

(3) in subsection (c)—

(A) by inserting “in a position not lower than Deputy Assistant Director at Bureau headquarters or a Special Agent in Charge in a Bureau field office designated by the Director” after “designee of the Director”; and

(B) by striking “in camera that” and all that follows through “States.” and inserting the following: “in camera that the consumer report is sought for the conduct of an authorized investigation to protect against international terrorism or clandestine intelligence activities, provided that such an investigation of a United States person is not conducted solely upon the basis of activities protected by the first amendment to the Constitution of the United States.”.

SEC. 506. EXTENSION OF SECRET SERVICE JURISDICTION.

(a) CONCURRENT JURISDICTION UNDER 18 U.S.C. 1030.—Section 1030(d) of title 18, United States Code, is amended to read as follows:

“(d)(1) The United States Secret Service shall, in addition to any other agency having such authority, have the authority to investigate offenses under this section.

 

“(2) The Federal Bureau of Investigation shall have primary authority to investigate offenses under subsection (a)(1) for any cases involving espionage, foreign counterintelligence, information protected against unauthorized disclosure for reasons of national defense or foreign relations, or Restricted Data (as that term is defined in section 11y of the Atomic Energy Act of 1954 (42 U.S.C. 2014(y)), except for offenses affecting the duties of the United States Secret Service pursuant to section 3056(a) of this title.

“(3) Such authority shall be exercised in accordance with an agreement which shall be entered into by the Secretary of the Treasury and the Attorney General.”.

(b) REAUTHORIZATION OF JURISDICTION UNDER 18 U.S.C. 1344.— Section 3056(b)(3) of title 18, United States Code, is amended by striking “credit and debit card frauds, and false identification documents or devices” and inserting “access device frauds, false identification documents or devices, and any fraud or other criminal or unlawful activity in or against any federally insured financial institution”.

SEC. 507. DISCLOSURE OF EDUCATIONAL RECORDS.

Section 444 of the General Education Provisions Act (20 U.S.C. 1232g), is amended by adding after subsection (i) a new subsection (j) to read as follows:

“(j) INVESTIGATION AND PROSECUTION OF TERRORISM.—

“(1) IN GENERAL.—Notwithstanding subsections (a) through

(i) or any provision of State law, the Attorney General (or any Federal officer or employee, in a position not lower than an Assistant Attorney General, designated by the Attorney General) may submit a written application to a court of com­petent jurisdiction for an ex parte order requiring an edu­cational agency or institution to permit the Attorney General (or his designee) to—

“(A)           collect education records in the possession of the educational agency or institution that are relevant to an authorized investigation or prosecution of an offense listed in section 2332b(g)(5)(B) of title 18 United States Code, or an act of domestic or international terrorism as defined in section 2331 of that title; and

“(B)           for official purposes related to the investigation or prosecution of an offense described in paragraph (1)(A), retain, disseminate, and use (including as evidence at trial or in other administrative or judicial proceedings) such records, consistent with such guidelines as the Attorney General, after consultation with the Secretary, shall issue to protect confidentiality.

“(2) APPLICATION AND APPROVAL.—

“(A)           IN GENERAL.—An application under paragraph (1) shall certify that there are specific and articulable facts giving reason to believe that the education records are likely to contain information described in paragraph (1)(A).

“(B)           The court shall issue an order described in para­graph (1) if the court finds that the application for the order includes the certification described in subparagraph (A).

“(3) PROTECTION OF EDUCATIONAL AGENCY OR INSTITU­TION.—An educational agency or institution that, in good faith, produces education records in accordance with an order issued

Courts.

 

under this subsection shall not be liable to any person for that production.

“(4) RECORD-KEEPING.—Subsection (b)(4) does not apply to education records subject to a court order under this sub­section.”.

 

SEC. 508. DISCLOSURE OF INFORMATION FROM NCES SURVEYS.

Section 408 of the National Education Statistics Act of 1994 (20 U.S.C. 9007), is amended by adding after subsection (b) a new subsection (c) to read as follows:

“(c) INVESTIGATION AND PROSECUTION OF TERRORISM.—

“(1) IN GENERAL.—Notwithstanding subsections (a) and (b),

the Attorney General (or any Federal officer or employee, in a position not lower than an Assistant Attorney General, des­ignated by the Attorney General) may submit a written applica­tion to a court of competent jurisdiction for an ex parte order requiring the Secretary to permit the Attorney General (or his designee) to—

“(A)           collect reports, records, and information (including individually identifiable information) in the possession of the center that are relevant to an authorized investigation or prosecution of an offense listed in section 2332b(g)(5)(B) of title 18, United States Code, or an act of domestic or international terrorism as defined in section 2331 of that title; and

“(B)           for official purposes related to the investigation or prosecution of an offense described in paragraph (1)(A), retain, disseminate, and use (including as evidence at trial or in other administrative or judicial proceedings) such information, consistent with such guidelines as the Attorney General, after consultation with the Secretary, shall issue to protect confidentiality.

“(2) APPLICATION AND APPROVAL.—

“(A) IN GENERAL.—An application under paragraph (1) shall certify that there are specific and articulable facts giving reason to believe that the information sought is described in paragraph (1)(A).

“(B)           The court shall issue an order described in para­graph (1) if the court finds that the application for the order includes the certification described in subparagraph (A).

“(3) PROTECTION.—An officer or employee of the Department who, in good faith, produces information in accordance with an order issued under this subsection does not violate subsection (b)(2) and shall not be liable to any person for that production.”.

 

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.

(a)  IN GENERAL.—Notwithstanding the limitations of subsection (b) of section 1201 or the provisions of subsections (c), (d), and (e) of such section or section 1202 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796, 3796a), upon certification (containing identification of all eligible payees of benefits pursuant to section 1201 of such Act) by a public agency that a public safety officer employed by such agency was killed or suffered a catastrophic injury producing permanent and total disability as a direct and proximate result of a personal injury sustained in the line of duty as described in section 1201 of such Act in connection with prevention, investigation, rescue, or recovery efforts related to a terrorist attack, the Director of the Bureau of Justice Assistance shall authorize payment to qualified bene­ficiaries, said payment to be made not later than 30 days after receipt of such certification, benefits described under subpart 1 of part L of such Act (42 U.S.C. 3796 et seq.).

(b)  DEFINITIONS.—For purposes of this section, the terms “cata­strophic injury”, “public agency”, and “public safety officer” have the same meanings given such terms in section 1204 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796b).

SEC. 612. TECHNICAL CORRECTION WITH RESPECT TO EXPEDITED PAYMENTS FOR HEROIC PUBLIC SAFETY OFFICERS.

Section 1 of Public Law 107-37 (an Act to provide for the expedited payment of certain benefits for a public safety officer who was killed or suffered a catastrophic injury as a direct and proximate result of a personal injury sustained in the line of duty in connection with the terrorist attacks of September 11, 2001) is amended by—

(1)    inserting before “by a” the following: “(containing identi­fication of all eligible payees of benefits pursuant to section 1201)”;

(2)          inserting “producing permanent and total disabilityafter “suffered a catastrophic injury”; and (3) striking “1201(a)” and inserting “1201”.

SEC. 613. PUBLIC SAFETY OFFICERS BENEFIT PROGRAM PAYMENT INCREASE.

(a) PAYMENTS.—Section 1201(a) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796) is amended by striking “$100,000” and inserting “$250,000”.

 

(b) APPLICABILITY.—The amendment made by subsection (a) shall apply to any death or disability occurring on or after January 1, 2001.

SEC. 614. OFFICE OF JUSTICE PROGRAMS.

Section 112 of title I of section 101(b) of division A of Public Law 105–277 and section 108(a) of appendix A of Public Law 106–113 (113 Stat. 1501A–20) are amended—

(1)  after “that Office”, each place it occurs, by inserting “(including, notwithstanding any contrary provision of law (unless the same should expressly refer to this section), any organization that administers any program established in title 1 of Public Law 90–351)”; and

(2)  by inserting “functions, including any” after “all”.

Subtitle B—Amendments to the Victims of
Crime Act of 1984

SEC. 621. CRIME VICTIMS FUND.

(a) DEPOSIT OF GIFTS IN THE FUND.—Section 1402(b) of the Victims of Crime Act of 1984 (42 U.S.C. 10601(b)) is amended—

(1)    in paragraph (3), by striking “and” at the end;

(2)    in paragraph (4), by striking the period at the end and inserting “; and”; and

(3)    by adding at the end the following:

“(5) any gifts, bequests, or donations to the Fund from private entities or individuals.”.

(b) FORMULA FOR FUND DISTRIBUTIONS.—Section 1402(c) of the Victims of Crime Act of 1984 (42 U.S.C. 10601(c)) is amended to read as follows:

“(c) FUND DISTRIBUTION; RETENTION OF SUMS IN FUND; AVAIL­ABILITY FOR EXPENDITURE WITHOUT FISCAL YEAR LIMITATION.—

“(1)  Subject to the availability of money in the Fund, in each fiscal year, beginning with fiscal year 2003, the Director shall distribute not less than 90 percent nor more than 110 percent of the amount distributed from the Fund in the previous fiscal year, except the Director may distribute up to 120 percent of the amount distributed in the previous fiscal year in any fiscal year that the total amount available in the Fund is more than 2 times the amount distributed in the previous fiscal year.

“(2)  In each fiscal year, the Director shall distribute amounts from the Fund in accordance with subsection (d). All sums not distributed during a fiscal year shall remain in reserve in the Fund to be distributed during a subsequent fiscal year. Notwithstanding any other provision of law, all sums deposited in the Fund that are not distributed shall remain in reserve in the Fund for obligation in future fiscal years, without fiscal year limitation.”.

(c) ALLOCATION OF FUNDS FOR COSTS AND GRANTS.—Section 1402(d)(4) of the Victims of Crime Act of 1984 (42 U.S.C. 10601(d)(4)) is amended—

(1)    by striking “deposited in” and inserting “to be distrib­uted from”;

(2)    in subparagraph (A), by striking “48.5” and inserting “47.5”;

 

(3)    in subparagraph (B), by striking “48.5” and inserting “47.5”; and

(4)  in subparagraph (C), by striking “3” and inserting “5”.

(d) ANTITERRORISM EMERGENCY RESERVE.—Section 1402(d)(5) of the Victims of Crime Act of 1984 (42 U.S.C. 10601(d)(5)) is amended to read as follows:

“(5)(A) In addition to the amounts distributed under para­graphs (2), (3), and (4), the Director may set aside up to $50,000,000 from the amounts transferred to the Fund in response to the airplane hijackings and terrorist acts that occurred on September 11, 2001, as an antiterrorism emergency reserve. The Director may replenish any amounts expended from such reserve in subsequent fiscal years by setting aside up to 5 percent of the amounts remaining in the Fund in any fiscal year after distributing amounts under paragraphs (2), (3) and (4). Such reserve shall not exceed $50,000,000.

“(B)    The antiterrorism emergency reserve referred to in subparagraph (A) may be used for supplemental grants under section 1404B and to provide compensation to victims of inter­national terrorism under section 1404C.

“(C)  Amounts in the antiterrorism emergency reserve estab­lished pursuant to subparagraph (A) may be carried over from fiscal year to fiscal year. Notwithstanding subsection (c) and section 619 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2001 (and any similar limitation on Fund obligations in any future Act, unless the same should expressly refer to this section), any such amounts carried over shall not be subject to any limitation on obligations from amounts deposited to or available in the Fund.”.

(e) VICTIMS OF SEPTEMBER 11, 2001.—Amounts transferred to

the Crime Victims Fund for use in responding to the airplane hijackings and terrorist acts (including any related search, rescue, relief, assistance, or other similar activities) that occurred on Sep­tember 11, 2001, shall not be subject to any limitation on obligations from amounts deposited to or available in the Fund, notwithstanding—

(1)  section 619 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2001, and any similar limitation on Fund obligations in such Act for Fiscal Year 2002; and

(2)  subsections (c) and (d) of section 1402 of the Victims of Crime Act of 1984 (42 U.S.C. 10601).

SEC. 622. CRIME VICTIM COMPENSATION.

(a)    ALLOCATION OF FUNDS FOR COMPENSATION AND ASSIST­ANCE.—Paragraphs (1) and (2) of section 1403(a) of the Victims of Crime Act of 1984 (42 U.S.C. 10602(a)) are amended by inserting

“in fiscal year 2002 and of 60 percent in subsequent fiscal yearsafter “40 percent”.

(b)   LOCATION OF COMPENSABLE CRIME.—Section 1403(b)(6)(B) of the Victims of Crime Act of 1984 (42 U.S.C. 10602(b)(6)(B)) is amended by striking “are outside the United States (if the compensable crime is terrorism, as defined in section 2331 of title 18), or”.

(c)    RELATIONSHIP OF CRIME VICTIM COMPENSATION TO MEANS-TESTED FEDERAL BENEFIT PROGRAMS.—Section 1403 of the Victims

 

of Crime Act of 1984 (42 U.S.C. 10602) is amended by striking subsection (c) and inserting the following:

“(c) EXCLUSION FROM INCOME, RESOURCES, AND ASSETS FOR PURPOSES OF MEANS TESTS.—Notwithstanding any other law (other than title IV of Public Law 107–42), for the purpose of any max­imum allowed income, resource, or asset eligibility requirement in any Federal, State, or local government program using Federal funds that provides medical or other assistance (or payment or reimbursement of the cost of such assistance), any amount of crime victim compensation that the applicant receives through a crime victim compensation program under this section shall not be included in the income, resources, or assets of the applicant, nor shall that amount reduce the amount of the assistance available to the applicant from Federal, State, or local government programs using Federal funds, unless the total amount of assistance that the applicant receives from all such programs is sufficient to fully compensate the applicant for losses suffered as a result of the crime.”.

(d) DEFINITIONS OF “COMPENSABLE CRIME” AND “STATE”.—Sec­tion 1403(d) of the Victims of Crime Act of 1984 (42 U.S.C. 10602(d)) is amended—

(1)    in paragraph (3), by striking “crimes involving ter­rorism,”; and

(2)    in paragraph (4), by inserting “the United States Virgin Islands,” after “the Commonwealth of Puerto Rico,”.

(e) RELATIONSHIP OF ELIGIBLE CRIME VICTIM COMPENSATION PROGRAMS TO THE SEPTEMBER 11TH VICTIM COMPENSATION FUND.—

(1)  IN GENERAL.—Section 1403(e) of the Victims of Crime Act of 1984 (42 U.S.C. 10602(e)) is amended by inserting “including the program established under title IV of Public Law 107–42,” after “Federal program,”.

(2)    COMPENSATION.—With respect to any compensation pay‑

able under title IV of Public Law 107–42, the failure of a crime victim compensation program, after the effective date of final regulations issued pursuant to section 407 of Public Law 107–42, to provide compensation otherwise required pursu­ant to section 1403 of the Victims of Crime Act of 1984 (42 U.S.C. 10602) shall not render that program ineligible for future grants under the Victims of Crime Act of 1984.

SEC. 623. CRIME VICTIM ASSISTANCE.

(a)       ASSISTANCE FOR VICTIMS IN THE DISTRICT OF COLUMBIA, PUERTO RICO, AND OTHER TERRITORIES AND POSSESSIONS.—Section 1404(a) of the Victims of Crime Act of 1984 (42 U.S.C. 10603(a)) is amended by adding at the end the following:

“(6) An agency of the Federal Government performing local law enforcement functions in and on behalf of the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, or any other territory or possession of the United States may qualify as an eligible crime victim assist­ance program for the purpose of grants under this subsection, or for the purpose of grants under subsection (c)(1).”.

(b)      PROHIBITION ON DISCRIMINATION AGAINST CERTAIN VIC­TIMS.—Section 1404(b)(1) of the Victims of Crime Act of 1984 (42 U.S.C. 10603(b)(1)) is amended—

(1) in subparagraph (D), by striking “and” at the end;

 

(2)    in subparagraph (E), by striking the period at the end and inserting “; and”; and

(3)    by adding at the end the following:

“(F) does not discriminate against victims because they disagree with the way the State is prosecuting the criminal case.”.

(c) GRANTS FOR PROGRAM EVALUATION AND COMPLIANCE EFFORTS.—Section 1404(c)(1)(A) of the Victims of Crime Act of 1984 (42 U.S.C. 10603(c)(1)(A)) is amended by inserting “, program evaluation, compliance efforts,” after “demonstration projects”.

(d) ALLOCATION OF DISCRETIONARY GRANTS.—Section 1404(c)(2) of the Victims of Crime Act of 1984 (42 U.S.C. 10603(c)(2)) is amended—

(1)    in subparagraph (A), by striking “not more than” and inserting “not less than”; and

(2)    in subparagraph (B), by striking “not less than” and inserting “not more than”.

(e) FELLOWSHIPS AND CLINICAL INTERNSHIPS.—Section 1404(c)(3) of the Victims of Crime Act of 1984 (42 U.S.C. 10603(c)(3)) is amended—

(1)  in subparagraph (C), by striking “and” at the end;

(2)  in subparagraph (D), by striking the period at the end and inserting “; and”; and

(3)  by adding at the end the following:

“(E) use funds made available to the Director under this subsection—

“(i)  for fellowships and clinical internships; and

“(ii)to carry out programs of training and special workshops for the presentation and dissemination of information resulting from demonstrations, surveys, and special projects.”.

SEC. 624. VICTIMS OF TERRORISM.

(a)       COMPENSATION AND ASSISTANCE TO VICTIMS OF DOMESTIC TERRORISM.—Section 1404B(b) of the Victims of Crime Act of 1984 (42 U.S.C. 10603b(b)) is amended to read as follows:

“(b) VICTIMS OF TERRORISM WITHIN THE UNITED STATES.—The Director may make supplemental grants as provided in section 1402(d)(5) to States for eligible crime victim compensation and assistance programs, and to victim service organizations, public agencies (including Federal, State, or local governments) and non­governmental organizations that provide assistance to victims of crime, which shall be used to provide emergency relief, including crisis response efforts, assistance, compensation, training and tech­nical assistance, and ongoing assistance, including during any inves­tigation or prosecution, to victims of terrorist acts or mass violence occurring within the United States.”.

(b)      ASSISTANCE TO VICTIMS OF INTERNATIONAL TERRORISM.— Section 1404B(a)(1) of the Victims of Crime Act of 1984 (42 U.S.C. 10603b(a)(1)) is amended by striking “who are not persons eligible for compensation under title VIII of the Omnibus Diplomatic Secu­rity and Antiterrorism Act of 1986”.

(c)       COMPENSATION TO VICTIMS OF INTERNATIONAL TERRORISM.— Section 1404C(b) of the Victims of Crime of 1984 (42 U.S.C. 10603c(b)) is amended by adding at the end the following: “The amount of compensation awarded to a victim under this subsection

 

shall be reduced by any amount that the victim received in connec­tion with the same act of international terrorism under title VIII of the Omnibus Diplomatic Security and Antiterrorism Act of 1986.”.

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.

Section 1301 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796h) is amended—

(1) in subsection (a), by inserting “and terrorist conspiracies and activities” after “activities”;

(2) in subsection (b)—

(A)  in paragraph (3), by striking “and” after the semi­colon;

(B)   by redesignating paragraph (4) as paragraph (5);

and

(C)   by inserting after paragraph (3) the following:

“(4) establishing and operating secure information sharing systems to enhance the investigation and prosecution abilities of participating enforcement agencies in addressing multi-juris­dictional terrorist conspiracies and activities; and (5)”; and

(3) by inserting at the end the following:

“(d) AUTHORIZATION OF APPROPRIATION TO THE BUREAU OF JUS­TICE ASSISTANCE.—There are authorized to be appropriated to the Bureau of Justice Assistance to carry out this section $50,000,000 for fiscal year 2002 and $100,000,000 for fiscal year 2003.”.

TITLE VIII—STRENGTHENING THE
CRIMINAL LAWS AGAINST TERRORISM

SEC. 801. TERRORIST ATTACKS AND OTHER ACTS OF VIOLENCE AGAINST MASS TRANSPORTATION SYSTEMS.

Chapter 97 of title 18, United States Code, is amended by adding at the end the following:

Ҥ 1993. Terrorist attacks and other acts of violence against mass transportation systems

“(a) GENERAL PROHIBITIONS.—Whoever willfully—

“(1)    wrecks, derails, sets fire to, or disables a mass transportation vehicle or ferry;

“(2)    places or causes to be placed any biological agent or toxin for use as a weapon, destructive substance, or destruc­tive device in, upon, or near a mass transportation vehicle or ferry, without previously obtaining the permission of the mass transportation provider, and with intent to endanger the safety of any passenger or employee of the mass transportation provider, or with a reckless disregard for the safety of human life;

 

in, upon, or near any garage, terminal, structure, supply, or facility used in the operation of, or in support of the operation of, a mass transportation vehicle or ferry, without previously obtaining the permission of the mass transportation provider, and knowing or having reason to know such activity would likely derail, disable, or wreck a mass transportation vehicle or ferry used, operated, or employed by the mass transportation provider;

“(4) removes appurtenances from, damages, or otherwise impairs the operation of a mass transportation signal system, including a train control system, centralized dispatching system, or rail grade crossing warning signal without authoriza­tion from the mass transportation provider;

“(5) interferes with, disables, or incapacitates any dis­patcher, driver, captain, or person while they are employed in dispatching, operating, or maintaining a mass transportation vehicle or ferry, with intent to endanger the safety of any passenger or employee of the mass transportation provider, or with a reckless disregard for the safety of human life;

“(6) commits an act, including the use of a dangerous weapon, with the intent to cause death or serious bodily injury to an employee or passenger of a mass transportation provider or any other person while any of the foregoing are on the property of a mass transportation provider;

“(7) conveys or causes to be conveyed false information, knowing the information to be false, concerning an attempt or alleged attempt being made or to be made, to do any act which would be a crime prohibited by this subsection; or

“(8) attempts, threatens, or conspires to do any of the aforesaid acts,

shall be fined under this title or imprisoned not more than twenty years, or both, if such act is committed, or in the case of a threat or conspiracy such act would be committed, on, against, or affecting a mass transportation provider engaged in or affecting interstate or foreign commerce, or if in the course of committing such act, that person travels or communicates across a State line in order to commit such act, or transports materials across a State line in aid of the commission of such act.

“(b) AGGRAVATED OFFENSE.—Whoever commits an offense under subsection (a) in a circumstance in which—

“(1)   the mass transportation vehicle or ferry was carrying a passenger at the time of the offense; or

“(2) the offense has resulted in the death of any person, shall be guilty of an aggravated form of the offense and shall be fined under this title or imprisoned for a term of years or for life, or both.

“(c) DEFINITIONS.—In this section—

“(1)   the term ‘biological agent’ has the meaning given to that term in section 178(1) of this title;

“(2)   the term ‘dangerous weapon’ has the meaning given to that term in section 930 of this title;

“(3)   the term ‘destructive device’ has the meaning given to that term in section 921(a)(4) of this title;

“(4)   the term ‘destructive substance’ has the meaning given to that term in section 31 of this title;

“(5) the term ‘mass transportation’ has the meaning given to that term in section 5302(a)(7) of title 49, United States

 

Code, except that the term shall include schoolbus, charter, and sightseeing transportation;

“(6) the term ‘serious bodily injury’ has the meaning given to that term in section 1365 of this title;

“(7) the term ‘State’ has the meaning given to that term in section 2266 of this title; and

“(8) the term ‘toxin’ has the meaning given to that term in section 178(2) of this title.”.

(f) CONFORMING AMENDMENT.—The analysis of chapter 97 of title 18, United States Code, is amended by adding at the end:

“1993. Terrorist attacks and other acts of violence against mass transportation sys­tems.”.

SEC. 802. DEFINITION OF DOMESTIC TERRORISM.

(a) DOMESTIC TERRORISM DEFINED.—Section 2331 of title 18, United States Code, is amended—

(1)    in paragraph (1)(B)(iii), by striking “by assassination or kidnapping” and inserting “by mass destruction, assassina­tion, or kidnapping”;

(2)    in paragraph (3), by striking “and”;

(3)    in paragraph (4), by striking the period at the end and inserting “; and”; and

(4)    by adding at the end the following:

“(5) the term ‘domestic terrorism’ means activities that—

“(A) involve acts dangerous to human life that are a violation of the criminal laws of the United States or of any State;

“(B) appear to be intended—

“(i)          to intimidate or coerce a civilian population;

“(ii)        to influence the policy of a government by intimidation or coercion; or

“(iii)      to affect the conduct of a government by mass destruction, assassination, or kidnapping; and

“(C) occur primarily within the territorial jurisdiction of the United States.”.

(b) CONFORMING AMENDMENT.—Section 3077(1) of title 18, United States Code, is amended to read as follows:

“(1) ‘act of terrorism’ means an act of domestic or inter­national terrorism as defined in section 2331;”.

SEC. 803. PROHIBITION AGAINST HARBORING TERRORISTS.

(a) IN GENERAL.—Chapter 113B of title 18, United States Code, is amended by adding after section 2338 the following new section:

Ҥ 2339. Harboring or concealing terrorists

“(a) Whoever harbors or conceals any person who he knows, or has reasonable grounds to believe, has committed, or is about to commit, an offense under section 32 (relating to destruction of aircraft or aircraft facilities), section 175 (relating to biological weapons), section 229 (relating to chemical weapons), section 831 (relating to nuclear materials), paragraph (2) or (3) of section 844(f) (relating to arson and bombing of government property risking or causing injury or death), section 1366(a) (relating to the destruc­tion of an energy facility), section 2280 (relating to violence against maritime navigation), section 2332a (relating to weapons of mass destruction), or section 2332b (relating to acts of terrorism tran­scending national boundaries) of this title, section 236(a) (relating to sabotage of nuclear facilities or fuel) of the Atomic Energy Act

 

of 1954 (42 U.S.C. 2284(a)), or section 46502 (relating to aircraft piracy) of title 49, shall be fined under this title or imprisoned not more than ten years, or both.”.

“(b) A violation of this section may be prosecuted in any Federal judicial district in which the underlying offense was committed, or in any other Federal judicial district as provided by law.”.

(b) TECHNICAL AMENDMENT.—The chapter analysis for chapter 113B of title 18, United States Code, is amended by inserting after the item for section 2338 the following:

“2339. Harboring or concealing terrorists.”.

SEC. 804. JURISDICTION OVER CRIMES COMMITTED AT U.S. FACILITIES ABROAD.

Section 7 of title 18, United States Code, is amended by adding at the end the following:

“(9) With respect to offenses committed by or against a national of the United States as that term is used in section 101 of the Immigration and Nationality Act—

“(A)          the premises of United States diplomatic, consular, military or other United States Government missions or entities in foreign States, including the buildings, parts of buildings, and land appurtenant or ancillary thereto or used for purposes of those missions or entities, irrespec­tive of ownership; and

“(B)residences in foreign States and the land appur‑

tenant or ancillary thereto, irrespective of ownership, used

for purposes of those missions or entities or used by United

States personnel assigned to those missions or entities. Nothing in this paragraph shall be deemed to supersede any treaty or international agreement with which this paragraph conflicts. This paragraph does not apply with respect to an offense committed by a person described in section 3261(a) of this title.”.

SEC. 805. MATERIAL SUPPORT FOR TERRORISM.

(a) IN GENERAL.—Section 2339A of title 18, United States Code, is amended—

(1) in subsection (a)­

(A)     by striking “, within the United States,”;

(B)     by inserting “229,” after “175,”;

(C)     by inserting “1993,” after “1992,”;

(D)     by inserting “, section 236 of the Atomic Energy Act of 1954 (42 U.S.C. 2284),” after “of this title”;

(E)     by inserting “or 60123(b)” after “46502”; and

(F)      by inserting at the end the following: “A violation of this section may be prosecuted in any Federal judicial district in which the underlying offense was committed, or in any other Federal judicial district as provided by law.”; and

(2) in subsection (b)­

(A) by striking “or other financial securities” and inserting “or monetary instruments or financial securities”; and

 

(b) TECHNICAL AMENDMENT.—Section 1956(c)(7)(D) of title 18, United States Code, is amended by inserting “or 2339B” after “2339A”.

SEC. 806. ASSETS OF TERRORIST ORGANIZATIONS.

Section 981(a)(1) of title 18, United States Code, is amended by inserting at the end the following:

“(G) All assets, foreign or domestic—

“(i)   of any individual, entity, or organization engaged in planning or perpetrating any act of domestic or inter­national terrorism (as defined in section 2331) against the United States, citizens or residents of the United States, or their property, and all assets, foreign or domestic, affording any person a source of influence over any such entity or organization;

“(ii)  acquired or maintained by any person with the intent and for the purpose of supporting, planning, con­ducting, or concealing an act of domestic or international terrorism (as defined in section 2331) against the United States, citizens or residents of the United States, or their property; or

“(iii)          derived from, involved in, or used or intended to be used to commit any act of domestic or international terrorism (as defined in section 2331) against the United States, citizens or residents of the United States, or their property.”.

SEC. 807. TECHNICAL CLARIFICATION RELATING TO PROVISION OF MATERIAL SUPPORT TO TERRORISM.

No provision of the Trade Sanctions Reform and Export Enhancement Act of 2000 (title IX of Public Law 106–387) shall be construed to limit or otherwise affect section 2339A or 2339B of title 18, United States Code.

SEC. 808. DEFINITION OF FEDERAL CRIME OF TERRORISM.

Section 2332b of title 18, United States Code, is amended—

(1)      in subsection (f), by inserting “and any violation of section 351(e), 844(e), 844(f)(1), 956(b), 1361, 1366(b), 1366(c), 1751(e), 2152, or 2156 of this title,” before “and the Secretary”; and

(2)      in subsection (g)(5)(B), by striking clauses (i) through (iii) and inserting the following:

“(i) section 32 (relating to destruction of aircraft or aircraft facilities), 37 (relating to violence at inter­national airports), 81 (relating to arson within special maritime and territorial jurisdiction), 175 or 175b (relating to biological weapons), 229 (relating to chem­ical weapons), subsection (a), (b), (c), or (d) of section 351 (relating to congressional, cabinet, and Supreme Court assassination and kidnaping), 831 (relating to nuclear materials), 842(m) or (n) (relating to plastic explosives), 844(f)(2) or (3) (relating to arson and bombing of Government property risking or causing death), 844(i) (relating to arson and bombing of prop­erty used in interstate commerce), 930(c) (relating to killing or attempted killing during an attack on a Federal facility with a dangerous weapon), 956(a)(1) (relating to conspiracy to murder, kidnap, or maim

 

persons abroad), 1030(a)(1) (relating to protection of computers), 1030(a)(5)(A)(i) resulting in damage as defined in 1030(a)(5)(B)(ii) through (v) (relating to protection of computers), 1114 (relating to killing or attempted killing of officers and employees of the United States), 1116 (relating to murder or man­slaughter of foreign officials, official guests, or inter­nationally protected persons), 1203 (relating to hostage taking), 1362 (relating to destruction of communication lines, stations, or systems), 1363 (relating to injury to buildings or property within special maritime and territorial jurisdiction of the United States), 1366(a) (relating to destruction of an energy facility), 1751(a), (b), (c), or (d) (relating to Presidential and Presidential staff assassination and kidnaping), 1992 (relating to wrecking trains), 1993 (relating to terrorist attacks and other acts of violence against mass transportation systems), 2155 (relating to destruction of national defense materials, premises, or utilities), 2280 (relating to violence against maritime navigation), 2281 (relating to violence against maritime fixed platforms), 2332 (relating to certain homicides and other violence against United States nationals occurring outside of the United States), 2332a (relating to use of weapons of mass destruction), 2332b (relating to acts of ter­rorism transcending national boundaries), 2339 (relating to harboring terrorists), 2339A (relating to providing material support to terrorists), 2339B (relating to providing material support to terrorist organizations), or 2340A (relating to torture) of this title;

“(ii)        section 236 (relating to sabotage of nuclear facilities or fuel) of the Atomic Energy Act of 1954 (42 U.S.C. 2284); or

“(iii)      section 46502 (relating to aircraft piracy), the second sentence of section 46504 (relating to assault on a flight crew with a dangerous weapon), section 46505(b)(3) or (c) (relating to explosive or incen­diary devices, or endangerment of human life by means of weapons, on aircraft), section 46506 if homicide or attempted homicide is involved (relating to application of certain criminal laws to acts on aircraft), or section 60123(b) (relating to destruction of interstate gas or hazardous liquid pipeline facility) of title 49.”.

SEC. 809. NO STATUTE OF LIMITATION FOR CERTAIN TERRORISM OFFENSES.

(a) IN GENERAL.—Section 3286 of title 18, United States Code, is amended to read as follows:

“§ 3286. Extension of statute of limitation for certain ter­rorism offenses

“(a) EIGHT-YEAR LIMITATION.—Notwithstanding section 3282, no person shall be prosecuted, tried, or punished for any noncapital offense involving a violation of any provision listed in section 2332b(g)(5)(B), or a violation of section 112, 351(e), 1361, or 1751(e) of this title, or section 46504, 46505, or 46506 of title 49, unless

 

the indictment is found or the information is instituted within 8 years after the offense was committed. Notwithstanding the pre­ceding sentence, offenses listed in section 3295 are subject to the statute of limitations set forth in that section.

“(b) NO LIMITATION.—Notwithstanding any other law, an indict­ment may be found or an information instituted at any time without limitation for any offense listed in section 2332b(g)(5)(B), if the commission of such offense resulted in, or created a forseeable risk of, death or serious bodily injury to another person.”.

(b) APPLICATION.—The amendments made by this section shall apply to the prosecution of any offense committed before, on, or after the date of the enactment of this section.

SEC. 810. ALTERNATE MAXIMUM PENALTIES FOR TERRORISM OFFENSES.

(a) ARSON.—Section 81 of title 18, United States Code, is amended in the second undesignated paragraph by striking “not more than twenty years” and inserting “for any term of years or for life”.

(b) DESTRUCTION OF AN ENERGY FACILITY.—Section 1366 of title 18, United States Code, is amended—

(1)  in subsection (a), by striking “ten” and inserting “20”; and

(2)  by adding at the end the following:

“(d) Whoever is convicted of a violation of subsection (a) or (b) that has resulted in the death of any person shall be subject to imprisonment for any term of years or life.”.

(c) MATERIAL SUPPORT TO TERRORISTS.—Section 2339A(a) of title 18, United States Code, is amended—

(1)    by striking “10” and inserting “15”; and

(2)    by striking the period and inserting “, and, if the death of any person results, shall be imprisoned for any term of years or for life.”.

(d) MATERIAL SUPPORT TO DESIGNATED FOREIGN TERRORIST ORGANIZATIONS.—Section 2339B(a)(1) of title 18, United States Code, is amended—

(1)    by striking “10” and inserting “15”; and

(2)    by striking the period after “or both” and inserting “, and, if the death of any person results, shall be imprisoned for any term of years or for life.”.

(e) DESTRUCTION OF NATIONAL-DEFENSE MATERIALS.—Section 2155(a) of title 18, United States Code, is amended—

(1)    by striking “ten” and inserting “20”; and

(2)    by striking the period at the end and inserting “, and, if death results to any person, shall be imprisoned for any term of years or for life.”.

(f) SABOTAGE OF NUCLEAR FACILITIES OR FUEL.—Section 236 of the Atomic Energy Act of 1954 (42 U.S.C. 2284), is amended—

(1)  by striking “ten” each place it appears and inserting “20”;

(2)  in subsection (a), by striking the period at the end and inserting “, and, if death results to any person, shall be imprisoned for any term of years or for life.”; and

(3)  in subsection (b), by striking the period at the end and inserting “, and, if death results to any person, shall be imprisoned for any term of years or for life.”.

 

(g) SPECIAL AIRCRAFT JURISDICTION OF THE UNITED STATES.— Section 46505(c) of title 49, United States Code, is amended—

(1)    by striking “15” and inserting “20”; and

(2)    by striking the period at the end and inserting “, and, if death results to any person, shall be imprisoned for any term of years or for life.”.

(h) DAMAGING OR DESTROYING AN INTERSTATE GAS OR HAZ­ARDOUS LIQUID PIPELINE FACILITY.—Section 60123(b) of title 49, United States Code, is amended—

(1)    by striking “15” and inserting “20”; and

(2)    by striking the period at the end and inserting “, and, if death results to any person, shall be imprisoned for any term of years or for life.”.

SEC. 811. PENALTIES FOR TERRORIST CONSPIRACIES.

(a) ARSON.—Section 81 of title 18, United States Code, is amended in the first undesignated paragraph—

(1)  by striking “, or attempts to set fire to or burn”; and

(2)  by inserting “or attempts or conspires to do such an act,” before “shall be imprisoned”.

(b) KILLINGS IN FEDERAL FACILITIES.—Section 930(c) of title 18, United States Code, is amended—

(1)    by striking “or attempts to kill”;

(2)    by inserting “or attempts or conspires to do such an act,” before “shall be punished”; and

(3)    by striking “and 1113” and inserting “1113, and 1117”.

(c) COMMUNICATIONS LINES, STATIONS, OR SYSTEMS.—Section 1362 of title 18, United States Code, is amended in the first undesig­nated paragraph—

(1)    by striking “or attempts willfully or maliciously to injure or destroy”; and

(2)    by inserting “or attempts or conspires to do such an act,” before “shall be fined”.

(d) BUILDINGS OR PROPERTY WITHIN SPECIAL MARITIME AND TERRITORIAL JURISDICTION.—Section 1363 of title 18, United States Code, is amended—

(1)  by striking “or attempts to destroy or injure”; and

(2)  by inserting “or attempts or conspires to do such an act,” before “shall be fined” the first place it appears.

(e) WRECKING TRAINS.—Section 1992 of title 18, United States Code, is amended by adding at the end the following:

“(c) A person who conspires to commit any offense defined in this section shall be subject to the same penalties (other than the penalty of death) as the penalties prescribed for the offense, the commission of which was the object of the conspiracy.”.

(f) MATERIAL SUPPORT TO TERRORISTS.—Section 2339A of title 18, United States Code, is amended by inserting “or attempts or conspires to do such an act,” before “shall be fined”.

(g) TORTURE.—Section 2340A of title 18, United States Code, is amended by adding at the end the following:

“(c) CONSPIRACY.—A person who conspires to commit an offense under this section shall be subject to the same penalties (other than the penalty of death) as the penalties prescribed for the offense, the commission of which was the object of the conspiracy.”.

(h) SABOTAGE OF NUCLEAR FACILITIES OR FUEL.—Section 236 of the Atomic Energy Act of 1954 (42 U.S.C. 2284), is amended— (1) in subsection (a)—

 

(A)       by striking “, or who intentionally and willfully attempts to destroy or cause physical damage to”;

(B)       in paragraph (4), by striking the period at the end and inserting a comma; and

(C)  by inserting “or attempts or conspires to do such an act,” before “shall be fined”; and (2) in subsection (b)—

(A)       by striking “or attempts to cause”; and

(B)       by inserting “or attempts or conspires to do such an act,” before “shall be fined”.

(i)        INTERFERENCE WITH FLIGHT CREW MEMBERS AND ATTEND­ANTS.—Section 46504 of title 49, United States Code, is amended by inserting “or attempts or conspires to do such an act,” before “shall be fined”.

(j)        SPECIAL AIRCRAFT JURISDICTION OF THE UNITED STATES.— Section 46505 of title 49, United States Code, is amended by adding at the end the following:

“(e) CONSPIRACY.—If two or more persons conspire to violate subsection (b) or (c), and one or more of such persons do any act to effect the object of the conspiracy, each of the parties to such conspiracy shall be punished as provided in such subsection.”.

(k)      DAMAGING OR DESTROYING AN INTERSTATE GAS OR HAZ­ARDOUS LIQUID PIPELINE FACILITY.—Section 60123(b) of title 49, United States Code, is amended—

(1)  by striking “, or attempting to damage or destroy,”;

and

(2)  by inserting “, or attempting or conspiring to do such an act,” before “shall be fined”.

SEC. 812. POST-RELEASE SUPERVISION OF TERRORISTS.

Section 3583 of title 18, United States Code, is amended by adding at the end the following:

“(j) SUPERVISED RELEASE TERMS FOR TERRORISM PREDICATES.— Notwithstanding subsection (b), the authorized term of supervised release for any offense listed in section 2332b(g)(5)(B), the commis­sion of which resulted in, or created a foreseeable risk of, death or serious bodily injury to another person, is any term of years or life.”.

SEC. 813. INCLUSION OF ACTS OF TERRORISM AS RACKETEERING ACTIVITY.

Section 1961(1) of title 18, United States Code, is amended—

(1)    by striking “or (F)” and inserting “(F)”; and

(2)    by inserting before the semicolon at the end the fol­lowing: “, or (G) any act that is indictable under any provision listed in section 2332b(g)(5)(B)”.

SEC. 814. DETERRENCE AND PREVENTION OF CYBERTERRORISM.

(a) CLARIFICATION OF PROTECTION OF PROTECTED COM­PUTERS.—Section 1030(a)(5) of title 18, United States Code, is amended—

(1)    by inserting “(i)” after “(A)”;

(2)    by redesignating subparagraphs (B) and (C) as clauses (ii) and (iii), respectively;

(3)    by adding “and” at the end of clause (iii), as so redesig­nated; and

(4)    by adding at the end the following:

 

“(B) by conduct described in clause (i), (ii), or (iii) of subparagraph (A), caused (or, in the case of an attempted offense, would, if completed, have caused)—

“(i)    loss to 1 or more persons during any 1-year period (and, for purposes of an investigation, prosecu­tion, or other proceeding brought by the United States only, loss resulting from a related course of conduct affecting 1 or more other protected computers) aggre­gating at least $5,000 in value;

“(ii)  the modification or impairment, or potential modification or impairment, of the medical examina­tion, diagnosis, treatment, or care of 1 or more individ­uals;

“(iii)physical injury to any person;

“(iv) a threat to public health or safety; or

“(v)   damage affecting a computer system used by or for a government entity in furtherance of the administration of justice, national defense, or national security;”.

(b)    PROTECTION FROM EXTORTION.—Section 1030(a)(7) of title 18, United States Code, is amended by striking “, firm, association, educational institution, financial institution, government entity, or other legal entity,”.

(c)    PENALTIES.—Section 1030(c) of title 18, United States Code, is amended—

(1) in paragraph (2)­

(A) in subparagraph (A) ­

(i)          by inserting “except as provided in subpara­graph (B),” before “a fine”;

(ii)        by striking “(a)(5)(C)” and inserting “(a)(5)(A)(iii)”; and

(iii)      by striking “and’ at the end;

(B) in subparagraph (B), by inserting “or an attempt

to commit an offense punishable under this subparagraph,”after “subsection (a)(2),” in the matter preceding clause

(i); and

(C) in subparagraph (C), by striking “and” at the end;

(2) in paragraph (3)­

(A)       by striking “, (a)(5)(A), (a)(5)(B),” both places it appears; and

(B)       by striking “(a)(5)(C)” and inserting “(a)(5)(A)(iii)”; and

(3) by adding at the end the following:

“(4)(A) a fine under this title, imprisonment for not more than 10 years, or both, in the case of an offense under sub­section (a)(5)(A)(i), or an attempt to commit an offense punish­able under that subsection;

“(B)   a fine under this title, imprisonment for not more than 5 years, or both, in the case of an offense under subsection (a)(5)(A)(ii), or an attempt to commit an offense punishable under that subsection;

“(C)   a fine under this title, imprisonment for not more than 20 years, or both, in the case of an offense under sub­section (a)(5)(A)(i) or (a)(5)(A)(ii), or an attempt to commit an offense punishable under either subsection, that occurs after a conviction for another offense under this section.”.

 

(d) DEFINITIONS.—Section 1030(e) of title 18, United States Code is amended—

(1)    in paragraph (2)(B), by inserting “, including a computer located outside the United States that is used in a manner that affects interstate or foreign commerce or communication of the United States” before the semicolon;

(2)    in paragraph (7), by striking “and” at the end;

(3)    by striking paragraph (8) and inserting the following:

“(8) the term ‘damage’ means any impairment to the integ­rity or availability of data, a program, a system, or informa­tion;”;

(4)    in paragraph (9), by striking the period at the end and inserting a semicolon; and

(5)    by adding at the end the following:

“(10)    the term ‘conviction’ shall include a conviction under the law of any State for a crime punishable by imprisonment for more than 1 year, an element of which is unauthorized access, or exceeding authorized access, to a computer;

“(11)    the term ‘loss’ means any reasonable cost to any victim, including the cost of responding to an offense, con­ducting a damage assessment, and restoring the data, program, system, or information to its condition prior to the offense, and any revenue lost, cost incurred, or other consequential damages incurred because of interruption of service; and

“(12)    the term ‘person’ means any individual, firm, corpora­tion, educational institution, financial institution, governmental entity, or legal or other entity.”.

(e) DAMAGES IN CIVIL ACTIONS.—Section 1030(g) of title 18, United States Code is amended—

(1)    by striking the second sentence and inserting the fol­lowing: “A civil action for a violation of this section may be brought only if the conduct involves 1 of the factors set forth in clause (i), (ii), (iii), (iv), or (v) of subsection (a)(5)(B). Damages for a violation involving only conduct described in subsection (a)(5)(B)(i) are limited to economic damages.”; and

(2)    by adding at the end the following: “No action may be brought under this subsection for the negligent design or manufacture of computer hardware, computer software, or firmware.”.

(f) AMENDMENT OF SENTENCING GUIDELINES RELATING TO CER‑

TAIN COMPUTER FRAUD AND ABUSE.—Pursuant to its authority under section 994(p) of title 28, United States Code, the United States Sentencing Commission shall amend the Federal sentencing guidelines to ensure that any individual convicted of a violation of section 1030 of title 18, United States Code, can be subjected to appropriate penalties, without regard to any mandatory min­imum term of imprisonment.

SEC. 815. ADDITIONAL DEFENSE TO CIVIL ACTIONS RELATING TO PRE­SERVING RECORDS IN RESPONSE TO GOVERNMENT REQUESTS.

Section 2707(e)(1) of title 18, United States Code, is amended by inserting after “or statutory authorization” the following: “(including a request of a governmental entity under section 2703(f) of this title)”.

 

SEC. 816. DEVELOPMENT AND SUPPORT OF CYBERSECURITY FORENSIC CAPABILITIES.

(a) IN GENERAL.—The Attorney General shall establish such

regional computer forensic laboratories as the Attorney General considers appropriate, and provide support to existing computer forensic laboratories, in order that all such computer forensic labora­tories have the capability—

(1)    to provide forensic examinations with respect to seized or intercepted computer evidence relating to criminal activity (including cyberterrorism);

(2)  to provide training and education for Federal, State, and local law enforcement personnel and prosecutors regarding investigations, forensic analyses, and prosecutions of computer-related crime (including cyberterrorism);

(3)  to assist Federal, State, and local law enforcement in enforcing Federal, State, and local criminal laws relating to computer-related crime;

(4)  to facilitate and promote the sharing of Federal law enforcement expertise and information about the investigation, analysis, and prosecution of computer-related crime with State and local law enforcement personnel and prosecutors, including the use of multijurisdictional task forces; and

(5)    to carry out such other activities as the Attorney Gen­eral considers appropriate.

(b) AUTHORIZATION OF APPROPRIATIONS.—

(1)    AUTHORIZATION.—There is hereby authorized to be appropriated in each fiscal year $50,000,000 for purposes of carrying out this section.

(2)    AVAILABILITY.—Amounts appropriated pursuant to the authorization of appropriations in paragraph (1) shall remain available until expended.

SEC. 817. EXPANSION OF THE BIOLOGICAL WEAPONS STATUTE.

Chapter 10 of title 18, United States Code, is amended—

(1) in section 175—

(A) in subsection (b)—

(i)        by striking “does not include” and inserting “includes”;

(ii)   by inserting “other than” after “system for”; and

(iii)    by inserting “bona fide research” after “protec­tive”;

(B) by redesignating subsection (b) as subsection (c); and

(C) by inserting after subsection (a) the following:

“(b) ADDITIONAL OFFENSE.—Whoever knowingly possesses any biological agent, toxin, or delivery system of a type or in a quantity that, under the circumstances, is not reasonably justified by a prophylactic, protective, bona fide research, or other peaceful pur­pose, shall be fined under this title, imprisoned not more than 10 years, or both. In this subsection, the terms ‘biological agent’ and ‘toxin’ do not encompass any biological agent or toxin that is in its naturally occurring environment, if the biological agent or toxin has not been cultivated, collected, or otherwise extracted from its natural source.”;

(2) by inserting after section 175a the following:

 

“SEC. 175b. POSSESSION BY RESTRICTED PERSONS.

“(a) No restricted person described in subsection (b) shall ship or transport interstate or foreign commerce, or possess in or affecting commerce, any biological agent or toxin, or receive any biological agent or toxin that has been shipped or transported in interstate or foreign commerce, if the biological agent or toxin is listed as a select agent in subsection (j) of section 72.6 of title 42, Code of Federal Regulations, pursuant to section 511(d)(l) of the Antiterrorism and Effective Death Penalty Act of 1996 (Public Law 104–132), and is not exempted under subsection (h) of such section 72.6, or appendix A of part 72 of the Code of Regulations.

“(b) In this section:

“(1) The term ‘select agent’ does not include any such biological agent or toxin that is in its naturally-occurring environment, if the biological agent or toxin has not been cultivated, collected, or otherwise extracted from its natural source.

“(2) The term ‘restricted person’ means an individual who—

“(A)    is under indictment for a crime punishable by imprisonment for a term exceeding 1 year;

“(B)    has been convicted in any court of a crime punish­able by imprisonment for a term exceeding 1 year;

“(C)    is a fugitive from justice;

“(D) is an unlawful user of any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));

“(E)  is an alien illegally or unlawfully in the United States;

“(F)  has been adjudicated as a mental defective or has been committed to any mental institution;

“(G) is an alien (other than an alien lawfully admitted for permanent residence) who is a national of a country as to which the Secretary of State, pursuant to section 6(j) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)), section 620A of chapter 1 of part M of the Foreign Assistance Act of 1961 (22 U.S.C. 2371), or section 40(d) of chapter 3 of the Arms Export Control Act (22 U.S.C. 2780(d)), has made a determination (that remains in effect) that such country has repeatedly provided support for acts of international terrorism; or

“(H)    has been discharged from the Armed Services of the United States under dishonorable conditions.

“(3)     The term ‘alien’ has the same meaning as in section 1010(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(3)).

“(4)     The term ‘lawfully admitted for permanent residence’ has the same meaning as in section 101(a)(20) of the Immigra­tion and Nationality Act (8 U.S.C. 1101(a)(20)).

“(c) Whoever knowingly violates this section shall be fined as provided in this title, imprisoned not more than 10 years, or both, but the prohibition contained in this section shall not apply with respect to any duly authorized United States governmental activity.”; and

(3) in the chapter analysis, by inserting after the item relating to section 175a the following:

“175b. Possession by restricted persons.”.

 

TITLE IX—IMPROVED INTELLIGENCE

SEC. 901. RESPONSIBILITIES OF DIRECTOR OF CENTRAL INTEL­LIGENCE REGARDING FOREIGN INTELLIGENCE COL­LECTED UNDER FOREIGN INTELLIGENCE SURVEIL­LANCE ACT OF 1978.

Section 103(c) of the National Security Act of 1947 (50 U.S.C. 403–3(c)) is amended—

(1)      by redesignating paragraphs (6) and (7) as paragraphs (7) and (8), respectively; and

(2)      by inserting after paragraph (5) the following new para­graph (6):

“(6) establish requirements and priorities for foreign intel­ligence information to be collected under the Foreign Intel­ligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), and provide assistance to the Attorney General to ensure that information derived from electronic surveillance or physical searches under that Act is disseminated so it may be used efficiently and effectively for foreign intelligence purposes, except that the Director shall have no authority to direct, manage, or undertake electronic surveillance or physical search operations pursuant to that Act unless otherwise authorized by statute or Executive order;”.

SEC. 902. INCLUSION OF INTERNATIONAL TERRORIST ACTIVITIES WITHIN SCOPE OF FOREIGN INTELLIGENCE UNDER NATIONAL SECURITY ACT OF 1947.

Section 3 of the National Security Act of 1947 (50 U.S.C. 401a) is amended—

(1)  in paragraph (2), by inserting before the period the following: “, or international terrorist activities”; and

(2)  in paragraph (3), by striking “and activities conducted”and inserting “, and activities conducted,”.

SEC. 903. SENSE OF CONGRESS ON THE ESTABLISHMENT AND MAINTE­NANCE OF INTELLIGENCE RELATIONSHIPS TO ACQUIRE INFORMATION ON TERRORISTS AND TERRORIST ORGANIZATIONS.

It is the sense of Congress that officers and employees of the intelligence community of the Federal Government, acting within the course of their official duties, should be encouraged, and should make every effort, to establish and maintain intelligence relationships with any person, entity, or group for the purpose of engaging in lawful intelligence activities, including the acquisi­tion of information on the identity, location, finances, affiliations, capabilities, plans, or intentions of a terrorist or terrorist organiza­tion, or information on any other person, entity, or group (including a foreign government) engaged in harboring, comforting, financing, aiding, or assisting a terrorist or terrorist organization.

SEC. 904. TEMPORARY AUTHORITY TO DEFER SUBMITTAL TO CON­GRESS OF REPORTS ON INTELLIGENCE AND INTEL­LIGENCE-RELATED MATTERS.

(a) AUTHORITY TO DEFER.—The Secretary of Defense, Attorney General, and Director of Central Intelligence each may, during the effective period of this section, defer the date of submittal

 

to Congress of any covered intelligence report under the jurisdiction of such official until February 1, 2002.

(b) COVERED INTELLIGENCE REPORT.—Except as provided in subsection (c), for purposes of subsection (a), a covered intelligence report is as follows:

(1)    Any report on intelligence or intelligence-related activi­ties of the United States Government that is required to be submitted to Congress by an element of the intelligence commu­nity during the effective period of this section.

(2)    Any report or other matter that is required to be sub‑

mitted to the Select Committee on Intelligence of the Senate and Permanent Select Committee on Intelligence of the House of Representatives by the Department of Defense or the Depart­ment of Justice during the effective period of this section.

(c) EXCEPTION FOR CERTAIN REPORTS.—For purposes of sub‑

section (a), any report required by section 502 or 503 of the National Security Act of 1947 (50 U.S.C. 413a, 413b) is not a covered intel­ligence report.

(d) NOTICE TO CONGRESS.—Upon deferring the date of submittal to Congress of a covered intelligence report under subsection (a), the official deferring the date of submittal of the covered intelligence report shall submit to Congress notice of the deferral. Notice of deferral of a report shall specify the provision of law, if any, under which the report would otherwise be submitted to Congress.

(e) EXTENSION OF DEFERRAL.—(1) Each official specified in sub­section (a) may defer the date of submittal to Congress of a covered intelligence report under the jurisdiction of such official to a date after February 1, 2002, if such official submits to the committees of Congress specified in subsection (b)(2) before February 1, 2002, a certification that preparation and submittal of the covered intel­ligence report on February 1, 2002, will impede the work of officers or employees who are engaged in counterterrorism activities.

(2) A certification under paragraph (1) with respect to a covered intelligence report shall specify the date on which the covered intelligence report will be submitted to Congress.

(f) EFFECTIVE PERIOD.—The effective period of this section is the period beginning on the date of the enactment of this Act and ending on February 1, 2002.

(g) ELEMENT OF THE INTELLIGENCE COMMUNITY DEFINED.—

In this section, the term “element of the intelligence community”means any element of the intelligence community specified or des‑

ignated under section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)).

SEC. 905. DISCLOSURE TO DIRECTOR OF CENTRAL INTELLIGENCE OF FOREIGN INTELLIGENCE-RELATED INFORMATION WITH RESPECT TO CRIMINAL INVESTIGATIONS.

(a) IN GENERAL.—Title I of the National Security Act of 1947 (50 U.S.C. 402 et seq.) is amended—

(1)    by redesignating subsection 105B as section 105C; and

(2)    by inserting after section 105A the following new section 105B:

 

“DISCLOSURE OF FOREIGN INTELLIGENCE ACQUIRED IN CRIMINAL IN­VESTIGATIONS; NOTICE OF CRIMINAL INVESTIGATIONS OF FOREIGN INTELLIGENCE SOURCES

“SEC. 105B. (a) DISCLOSURE OF FOREIGN INTELLIGENCE.—(1) Except as otherwise provided by law and subject to paragraph (2), the Attorney General, or the head of any other department or agency of the Federal Government with law enforcement respon­sibilities, shall expeditiously disclose to the Director of Central Intelligence, pursuant to guidelines developed by the Attorney Gen­eral in consultation with the Director, foreign intelligence acquired by an element of the Department of Justice or an element of such department or agency, as the case may be, in the course of a criminal investigation.

“(2) The Attorney General by regulation and in consultation with the Director of Central Intelligence may provide for exceptions to the applicability of paragraph (1) for one or more classes of foreign intelligence, or foreign intelligence with respect to one or more targets or matters, if the Attorney General determines that disclosure of such foreign intelligence under that paragraph would jeopardize an ongoing law enforcement investigation or impair other significant law enforcement interests.

“(b) PROCEDURES FOR NOTICE OF CRIMINAL INVESTIGATIONS.— Not later than 180 days after the date of enactment of this section, the Attorney General, in consultation with the Director of Central Intelligence, shall develop guidelines to ensure that after receipt of a report from an element of the intelligence community of activity of a foreign intelligence source or potential foreign intelligence source that may warrant investigation as criminal activity, the Attorney General provides notice to the Director of Central Intel­ligence, within a reasonable period of time, of his intention to commence, or decline to commence, a criminal investigation of such activity.

“(c) PROCEDURES.—The Attorney General shall develop proce­dures for the administration of this section, including the disclosure of foreign intelligence by elements of the Department of Justice, and elements of other departments and agencies of the Federal Government, under subsection (a) and the provision of notice with respect to criminal investigations under subsection (b).”.

(b) CLERICAL AMENDMENT.—The table of contents in the first section of that Act is amended by striking the item relating to section 105B and inserting the following new items:

“Sec. 105B. Disclosure of foreign intelligence acquired in criminal investigations; notice of criminal investigations of foreign intelligence sources.

Sec. 105C. Protection of the operational files of the National Imagery and Mapping Agency.”.

SEC. 906. FOREIGN TERRORIST ASSET TRACKING CENTER.

(a) REPORT ON RECONFIGURATION.—Not later than February 1, 2002, the Attorney General, the Director of Central Intelligence, and the Secretary of the Treasury shall jointly submit to Congress a report on the feasibility and desirability of reconfiguring the Foreign Terrorist Asset Tracking Center and the Office of Foreign Assets Control of the Department of the Treasury in order to establish a capability to provide for the effective and efficient anal­ysis and dissemination of foreign intelligence relating to the finan­cial capabilities and resources of international terrorist organiza­tions.

 

(b) REPORT REQUIREMENTS.—(1) In preparing the report under subsection (a), the Attorney General, the Secretary, and the Director shall consider whether, and to what extent, the capacities and resources of the Financial Crimes Enforcement Center of the Department of the Treasury may be integrated into the capability contemplated by the report.

(2) If the Attorney General, Secretary, and the Director deter­mine that it is feasible and desirable to undertake the reconfigura­tion described in subsection (a) in order to establish the capability described in that subsection, the Attorney General, the Secretary, and the Director shall include with the report under that subsection a detailed proposal for legislation to achieve the reconfiguration.

SEC. 907. NATIONAL VIRTUAL TRANSLATION CENTER.

(a) REPORT ON ESTABLISHMENT.—(1) Not later than February 1, 2002, the Director of Central Intelligence shall, in consultation with the Director of the Federal Bureau of Investigation, submit to the appropriate committees of Congress a report on the establish­ment and maintenance within the intelligence community of an element for purposes of providing timely and accurate translations of foreign intelligence for all other elements of the intelligence community. In the report, the element shall be referred to as the “National Virtual Translation Center”.

(2) The report on the element described in paragraph (1) shall discuss the use of state-of-the-art communications technology, the integration of existing translation capabilities in the intelligence community, and the utilization of remote-connection capacities so as to minimize the need for a central physical facility for the element.

(b) RESOURCES.—The report on the element required by sub­section (a) shall address the following:

(1)   The assignment to the element of a staff of individuals possessing a broad range of linguistic and translation skills appropriate for the purposes of the element.

(2)   The provision to the element of communications capabilities and systems that are commensurate with the most current and sophisticated communications capabilities and sys­tems available to other elements of intelligence community.

(3)   The assurance, to the maximum extent practicable, that the communications capabilities and systems provided to the element will be compatible with communications capabili­ties and systems utilized by the Federal Bureau of Investigation in securing timely and accurate translations of foreign language materials for law enforcement investigations.

(4)   The development of a communications infrastructure to ensure the efficient and secure use of the translation capabili­ties of the element.

(c) SECURE COMMUNICATIONS.—The report shall include a discussion of the creation of secure electronic communications between the element described by subsection (a) and the other elements of the intelligence community.

(d) DEFINITIONS.—In this section:

(1)   FOREIGN INTELLIGENCE.—The term “foreign intel­ligence” has the meaning given that term in section 3(2) of the National Security Act of 1947 (50 U.S.C. 401a(2)).

(2)   ELEMENT OF THE INTELLIGENCE COMMUNITY.—The term “element of the intelligence community” means any element

 

PUBLIC LAW 107–56—OCT. 26, 2001              115 STAT. 391

of the intelligence community specified or designated under section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)).

SEC. 908. TRAINING OF GOVERNMENT OFFICIALS REGARDING IDENTI­FICATION AND USE OF FOREIGN INTELLIGENCE.

(a) PROGRAM REQUIRED.—The Attorney General shall, in con­sultation with the Director of Central Intelligence, carry out a program to provide appropriate training to officials described in subsection (b) in order to assist such officials in—

(1)      identifying foreign intelligence information in the course of their duties; and

(2)      utilizing foreign intelligence information in the course of their duties, to the extent that the utilization of such informa­tion is appropriate for such duties.

(b) OFFICIALS.—The officials provided training under subsection (a) are, at the discretion of the Attorney General and the Director, the following:

(1)      Officials of the Federal Government who are not ordi­narily engaged in the collection, dissemination, and use of foreign intelligence in the performance of their duties.

(2)      Officials of State and local governments who encounter, or may encounter in the course of a terrorist event, foreign intelligence in the performance of their duties.

(c) AUTHORIZATION OF APPROPRIATIONS.—There is hereby authorized to be appropriated for the Department of Justice such sums as may be necessary for purposes of carrying out the program required by subsection (a).

TITLE X—MISCELLANEOUS

SEC. 1001. REVIEW OF THE DEPARTMENT OF JUSTICE.

The Inspector General of the Department of Justice shall des­ignate one official who shall—

(1)   review information and receive complaints alleging abuses of civil rights and civil liberties by employees and offi­cials of the Department of Justice;

(2)   make public through the Internet, radio, television, and newspaper advertisements information on the responsibil­ities and functions of, and how to contact, the official; and

(3)   submit to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate on a semi-annual basis a report on the implementation of this subsection and detailing any abuses described in para­graph (1), including a description of the use of funds appropria­tions used to carry out this subsection.

SEC. 1002. SENSE OF CONGRESS.

(a) FINDINGS.—Congress finds that—

(1)   all Americans are united in condemning, in the strongest possible terms, the terrorists who planned and carried out the attacks against the United States on September 11, 2001, and in pursuing all those responsible for those attacks and their sponsors until they are brought to justice;

(2)   Sikh-Americans form a vibrant, peaceful, and law-abiding part of America’s people;

 

(3)      approximately 500,000 Sikhs reside in the United States and are a vital part of the Nation;

(4)   Sikh-Americans stand resolutely in support of the commitment of our Government to bring the terrorists and those that harbor them to justice;

(5)   the Sikh faith is a distinct religion with a distinct religious and ethnic identity that has its own places of worship and a distinct holy text and religious tenets;

(6)   many Sikh-Americans, who are easily recognizable by their turbans and beards, which are required articles of their faith, have suffered both verbal and physical assaults as a result of misguided anger toward Arab-Americans and Muslim-Americans in the wake of the September 11, 2001 terrorist attack;

(7)      Sikh-Americans, as do all Americans, condemn acts of prejudice against any American; and

(8)   Congress is seriously concerned by the number of crimes against Sikh-Americans and other Americans all across the Nation that have been reported in the wake of the tragic events that unfolded on September 11, 2001.

(b) SENSE OF CONGRESS.—Congress—

(1)   declares that, in the quest to identify, locate, and bring to justice the perpetrators and sponsors of the terrorist attacks on the United States on September 11, 2001, the civil rights and civil liberties of all Americans, including Sikh-Americans, should be protected;

(2)   condemns bigotry and any acts of violence or discrimina­tion against any Americans, including Sikh-Americans;

(3)   calls upon local and Federal law enforcement authorities to work to prevent crimes against all Americans, including Sikh-Americans; and

(4)   calls upon local and Federal law enforcement authorities to prosecute to the fullest extent of the law all those who commit crimes.

SEC. 1003. DEFINITION OF “ELECTRONIC SURVEILLANCE”.

Section 101(f)(2) of the Foreign Intelligence Surveillance Act (50 U.S.C. 1801(f)(2)) is amended by adding at the end before the semicolon the following: “, but does not include the acquisition of those communications of computer trespassers that would be permissible under section 2511(2)(i) of title 18, United States Code”.

SEC. 1004. VENUE IN MONEY LAUNDERING CASES.

Section 1956 of title 18, United States Code, is amended by adding at the end the following:

“(i) VENUE.—(1) Except as provided in paragraph (2), a prosecu­tion for an offense under this section or section 1957 may be brought in—

“(A) any district in which the financial or monetary trans­action is conducted; or

“(B)   any district where a prosecution for the underlying specified unlawful activity could be brought, if the defendant participated in the transfer of the proceeds of the specified unlawful activity from that district to the district where the financial or monetary transaction is conducted.

“(2) A prosecution for an attempt or conspiracy offense under this section or section 1957 may be brought in the district where venue would lie for the completed offense under paragraph (1),

 

or in any other district where an act in furtherance of the attempt or conspiracy took place.

“(3) For purposes of this section, a transfer of funds from 1 place to another, by wire or any other means, shall constitute a single, continuing transaction. Any person who conducts (as that term is defined in subsection (c)(2)) any portion of the transaction may be charged in any district in which the transaction takes place.”.

SEC. 1005. FIRST RESPONDERS ASSISTANCE ACT.

(a) GRANT AUTHORIZATION.—The Attorney General shall make

grants described in subsections (b) and (c) to States and units of local government to improve the ability of State and local law enforcement, fire department and first responders to respond to and prevent acts of terrorism.

(b) TERRORISM PREVENTION GRANTS.—Terrorism prevention grants under this subsection may be used for programs, projects, and other activities to—

(1)  hire additional law enforcement personnel dedicated to intelligence gathering and analysis functions, including the formation of full-time intelligence and analysis units;

(2)  purchase technology and equipment for intelligence gathering and analysis functions, including wire-tap, pen links, cameras, and computer hardware and software;

(3)  purchase equipment for responding to a critical incident, including protective equipment for patrol officers such as quick masks;

(4)  purchase equipment for managing a critical incident, such as communications equipment for improved interoper­ability among surrounding jurisdictions and mobile command posts for overall scene management; and

(5)  fund technical assistance programs that emphasize coordination among neighboring law enforcement agencies for sharing resources, and resources coordination among law enforcement agencies for combining intelligence gathering and analysis functions, and the development of policy, procedures, memorandums of understanding, and other best practices.

(c) ANTITERRORISM TRAINING GRANTS.—Antiterrorism training grants under this subsection may be used for programs, projects, and other activities to address—

(1)    intelligence gathering and analysis techniques;

(2)    community engagement and outreach;

(3)    critical incident management for all forms of terrorist attack;

(4)    threat assessment capabilities;

(5)    conducting followup investigations; and

(6)    stabilizing a community after a terrorist incident.

(d) APPLICATION.—

(1)  IN GENERAL.—Each eligible entity that desires to receive a grant under this section shall submit an application to the Attorney General, at such time, in such manner, and accom­panied by such additional information as the Attorney General may reasonably require.

(2)  CONTENTS.—Each application submitted pursuant to paragraph (1) shall—

(A) describe the activities for which assistance under this section is sought; and

 

(B) provide such additional assurances as the Attorney General determines to be essential to ensure compliance with the requirements of this section.

(e)MINIMUM AMOUNT.—If all applications submitted by a State or units of local government within that State have not been funded under this section in any fiscal year, that State, if it qualifies, and the units of local government within that State, shall receive in that fiscal year not less than 0.5 percent of the total amount appropriated in that fiscal year for grants under this section.

(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated $25,000,000 for each of the fiscal years 2003 through 2007.

SEC. 1006. INADMISSIBILITY OF ALIENS ENGAGED IN MONEY LAUN­DERING.

(a) AMENDMENT TO IMMIGRATION AND NATIONALITY ACT.—Sec­tion 212(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(2)) is amended by adding at the end the following:

“(I) MONEY LAUNDERING.—Any alien—

“(i)  who a consular officer or the Attorney General knows, or has reason to believe, has engaged, is engaging, or seeks to enter the United States to engage, in an offense which is described in section 1956 or 1957 of title 18, United States Code (relating to laun­dering of monetary instruments); or

“(ii)who a consular officer or the Attorney General knows is, or has been, a knowing aider, abettor, assister, conspirator, or colluder with others in an offense which is described in such section;

is inadmissible.”.

(b) MONEY LAUNDERING WATCHLIST.—Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall develop, implement, and certify to the Congress that there has been established a money laundering watchlist, which identifies individuals worldwide who are known or suspected of money laun­dering, which is readily accessible to, and shall be checked by, a consular or other Federal official prior to the issuance of a visa or admission to the United States. The Secretary of State shall develop and continually update the watchlist in cooperation with the Attorney General, the Secretary of the Treasury, and the Director of Central Intelligence.

SEC. 1007. AUTHORIZATION OF FUNDS FOR DEA POLICE TRAINING IN SOUTH AND CENTRAL ASIA.

In addition to amounts otherwise available to carry out section 481 of the Foreign Assistance Act of 1961 (22 U.S.C. 2291), there is authorized to be appropriated to the President not less than $5,000,000 for fiscal year 2002 for regional antidrug training in the Republic of Turkey by the Drug Enforcement Administration for police, as well as increased precursor chemical control efforts in the South and Central Asia region.

 

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.

(a)  IN GENERAL.—The Attorney General, in consultation with the Secretary of State and the Secretary of Transportation, shall conduct a study on the feasibility of utilizing a biometric identifier (fingerprint) scanning system, with access to the database of the Federal Bureau of Investigation Integrated Automated Fingerprint Identification System, at consular offices abroad and at points of entry into the United States to enhance the ability of State Depart­ment and immigration officials to identify aliens who may be wanted in connection with criminal or terrorist investigations in the United States or abroad prior to the issuance of visas or entry into the United States.

(b)  REPORT TO CONGRESS.—Not later than 90 days after the Deadline. date of the enactment of this Act, the Attorney General shall submit a report summarizing the findings of the study authorized under subsection (a) to the Committee on International Relations and the Committee on the Judiciary of the House of Representatives and the Committee on Foreign Relations and the Committee on the Judiciary of the Senate.

SEC. 1009. STUDY OF ACCESS.

(a)  IN GENERAL.—Not later than 120 days after enactment Deadline.

of this Act, the Federal Bureau of Investigation shall study and

report to Congress on the feasibility of providing to airlines access

via computer to the names of passengers who are suspected of

terrorist activity by Federal officials.

not more than $250,000 to carry out subsection (a).

(b)  AUTHORIZATION.—There are authorized to be appropriated

SEC. 1010. TEMPORARY AUTHORITY TO CONTRACT WITH LOCAL AND 10 USC 2465

note.

STATE GOVERNMENTS FOR PERFORMANCE OF SECURITY FUNCTIONS AT UNITED STATES MILITARY INSTALLA­TIONS.

(a)  IN GENERAL.—Notwithstanding section 2465 of title 10, United States Code, during the period of time that United States armed forces are engaged in Operation Enduring Freedom, and for the period of 180 days thereafter, funds appropriated to the Department of Defense may be obligated and expended for the purpose of entering into contracts or other agreements for the performance of security functions at any military installation or facility in the United States with a proximately located local or State government, or combination of such governments, whether or not any such government is obligated to provide such services to the general public without compensation.

(b)  TRAINING.—Any contract or agreement entered into under this section shall prescribe standards for the training and other qualifications of local government law enforcement personnel who perform security functions under this section in accordance with criteria established by the Secretary of the service concerned.

(c)  REPORT.—One year after the date of enactment of this Deadline. section, the Secretary of Defense shall submit a report to the Committees on Armed Services of the Senate and the House of Representatives describing the use of the authority granted under

 

this section and the use by the Department of Defense of other means to improve the performance of security functions on military installations and facilities located within the United States.

SEC. 1011. CRIMES AGAINST CHARITABLE AMERICANS.

(a) SHORT TITLE.—This section may be cited as the “Crimes Against Charitable Americans Act of 2001”.

(b) TELEMARKETING AND CONSUMER FRAUD ABUSE.—The Tele­marketing and Consumer Fraud and Abuse Prevention Act (15 U.S.C. 6101 et seq.) is amended—

(1) in section 3(a)(2), by inserting after “practices” the second place it appears the following: “which shall include fraudulent charitable solicitations, and”;

(2) in section 3(a)(3)—

(A) in subparagraph (B), by striking “and” at the end;

(B) in subparagraph (C), by striking the period at the end and inserting “; and”; and

(C) by adding at the end the following:

“(D) a requirement that any person engaged in tele­marketing for the solicitation of charitable contributions, donations, or gifts of money or any other thing of value, shall promptly and clearly disclose to the person receiving the call that the purpose of the call is to solicit charitable contributions, donations, or gifts, and make such other disclosures as the Commission considers appropriate, including the name and mailing address of the charitable organization on behalf of which the solicitation is made.”; and

(3) in section 7(4), by inserting “, or a charitable contribu‑

tion, donation, or gift of money or any other thing of value,”after “services”.

(c) RED CROSS MEMBERS OR AGENTS.—Section 917 of title 18, United States Code, is amended by striking “one year” and inserting “5 years”.

(d) TELEMARKETING FRAUD.—Section 2325(1) of title 18, United States Code, is amended—

(1)        in subparagraph (A), by striking “or” at the end;

(2)        in subparagraph (B), by striking the comma at the end and inserting “; or”;

(3)     by inserting after subparagraph (B) the following: “(C) a charitable contribution, donation, or gift of money or any other thing of value,”; and

(4)        in the flush language, by inserting “or charitable contributor, or donor” after “participant”.

SEC. 1012. LIMITATION ON ISSUANCE OF HAZMAT LICENSES.

(a) LIMITATION.—

(1) IN GENERAL.—Chapter 51 of title 49, United States Code, is amended by inserting after section 5103 the following new section:

Ҥ 5103a. Limitation on issuance of hazmat licenses

“(a) LIMITATION.—

“(1) ISSUANCE OF LICENSES.—A State may not issue to any individual a license to operate a motor vehicle transporting in commerce a hazardous material unless the Secretary of

 

Transportation has first determined, upon receipt of a notifica­tion under subsection (c)(1)(B), that the individual does not pose a security risk warranting denial of the license.

“(2) RENEWALS INCLUDED.—For the purposes of this section, the term ‘issue’, with respect to a license, includes renewal of the license.

“(b) HAZARDOUS MATERIALS DESCRIBED.—The limitation in sub­section (a) shall apply with respect to—

“(1)   any material defined as a hazardous material by the Secretary of Transportation; and

“(2) any chemical or biological material or agent determined by the Secretary of Health and Human Services or the Attorney General as being a threat to the national security of the United States.

“(c) BACKGROUND RECORDS CHECK.—

“(1) IN GENERAL.—Upon the request of a State regarding issuance of a license described in subsection (a)(1) to an indi­vidual, the Attorney General—

“(A)  shall carry out a background records check regarding the individual; and

“(B)  upon completing the background records check, shall notify the Secretary of Transportation of the comple­tion and results of the background records check.

“(2) SCOPE.—A background records check regarding an indi­vidual under this subsection shall consist of the following:

“(A)    A check of the relevant criminal history data bases.

“(B)     In the case of an alien, a check of the relevant data bases to determine the status of the alien under the immigration laws of the United States.

“(C)     As appropriate, a check of the relevant inter­national data bases through Interpol–U.S. National Central Bureau or other appropriate means.

“(d) REPORTING REQUIREMENT.—Each State shall submit to the Secretary of Transportation, at such time and in such manner as the Secretary may prescribe, the name, address, and such other information as the Secretary may require, concerning—

“(1)   each alien to whom the State issues a license described in subsection (a); and

“(2)   each other individual to whom such a license is issued, as the Secretary may require.

“(e) ALIEN DEFINED.—In this section, the term ‘alien’ has the meaning given the term in section 101(a)(3) of the Immigration and Nationality Act.”.

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 5103 the following new item:

“5103a. Limitation on issuance of hazmat licenses.”.

(b) REGULATION OF DRIVER FITNESS.—Section 31305(a)(5) of title 49, United States Code, is amended—

(1)      by striking “and” at the end of subparagraph (A);

(2)      by inserting “and” at the end of subparagraph (B); and

(3)      by adding at the end the following new subparagraph:

“(C) is licensed by a State to operate the vehicle after having first been determined under section 5103a of this title as not posing a security risk warranting denial of the license.”.

 

(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated for the Department of Transportation and the Department of Justice such amounts as may be necessary to carry out section 5103a of title 49, United States Code, as added by subsection (a).

SEC. 1013. EXPRESSING THE SENSE OF THE SENATE CONCERNING THE PROVISION OF FUNDING FOR BIOTERRORISM PREPAREDNESS AND RESPONSE.

(a) FINDINGS.—The Senate finds the following:

(1) Additional steps must be taken to better prepare the United States to respond to potential bioterrorism attacks.

(2) The threat of a bioterrorist attack is still remote, but is increasing for a variety of reasons, including—

(A)     public pronouncements by Osama bin Laden that it is his religious duty to acquire weapons of mass destruc­tion, including chemical and biological weapons;

(B)   the callous disregard for innocent human life as demonstrated by the terrorists’ attacks of September 11, 2001;

(C)     the resources and motivation of known terrorists and their sponsors and supporters to use biological warfare;

(D)  recent scientific and technological advances in agent delivery technology such as aerosolization that have made weaponization of certain germs much easier; and

(E)     the increasing access to the technologies and exper­tise necessary to construct and deploy chemical and biological weapons of mass destruction.

(3) Coordination of Federal, State, and local terrorism research, preparedness, and response programs must be improved.

(4) States, local areas, and public health officials must have enhanced resources and expertise in order to respond to a potential bioterrorist attack.

(5) National, State, and local communication capacities must be enhanced to combat the spread of chemical and biological illness.

(6) Greater resources must be provided to increase the capacity of hospitals and local health care workers to respond to public health threats.

(7) Health care professionals must be better trained to recognize, diagnose, and treat illnesses arising from biochemical attacks.

(8) Additional supplies may be essential to increase the readiness of the United States to respond to a bio-attack.

(9) Improvements must be made in assuring the safety of the food supply.

(10) New vaccines and treatments are needed to assure that we have an adequate response to a biochemical attack.

(11) Government research, preparedness, and response pro­grams need to utilize private sector expertise and resources.

(12) Now is the time to strengthen our public health system and ensure that the United States is adequately prepared to respond to potential bioterrorist attacks, natural infectious dis­ease outbreaks, and other challenges and potential threats to the public health.

 

(b) SENSE OF THE SENATE.—It is the sense of the Senate that the United States should make a substantial new investment this year toward the following:

(1)   Improving State and local preparedness capabilities by upgrading State and local surveillance epidemiology, assisting in the development of response plans, assuring ade­quate staffing and training of health professionals to diagnose and care for victims of bioterrorism, extending the electronics communications networks and training personnel, and improving public health laboratories.

(2)   Improving hospital response capabilities by assisting hospitals in developing plans for a bioterrorist attack and improving the surge capacity of hospitals.

(3)   Upgrading the bioterrorism capabilities of the Centers for Disease Control and Prevention through improving rapid identification and health early warning systems.

(4)   Improving disaster response medical systems, such as the National Disaster Medical System and the Metropolitan Medical Response System and Epidemic Intelligence Service.

(5)   Targeting research to assist with the development of appropriate therapeutics and vaccines for likely bioterrorist agents and assisting with expedited drug and device review through the Food and Drug Administration.

(6)   Improving the National Pharmaceutical Stockpile pro­gram by increasing the amount of necessary therapies (including smallpox vaccines and other post-exposure vaccines) and ensuring the appropriate deployment of stockpiles.

(7)   Targeting activities to increase food safety at the Food and Drug Administration.

(8)   Increasing international cooperation to secure dan­gerous biological agents, increase surveillance, and retrain biological warfare specialists.

SEC. 1014. GRANT PROGRAM FOR STATE AND LOCAL DOMESTIC PREPAREDNESS SUPPORT.

(a)    IN GENERAL.—The Office for State and Local Domestic Preparedness Support of the Office of Justice Programs shall make a grant to each State, which shall be used by the State, in conjunc­tion with units of local government, to enhance the capability of State and local jurisdictions to prepare for and respond to terrorist acts including events of terrorism involving weapons of mass destruction and biological, nuclear, radiological, incendiary, chem­ical, and explosive devices.

(b)   USE OF GRANT AMOUNTS.—Grants under this section may be used to purchase needed equipment and to provide training and technical assistance to State and local first responders.

(c)  AUTHORIZATION OF APPROPRIATIONS.—

(1)  IN GENERAL.—There is authorized to be appropriated to carry out this section such sums as necessary for each of fiscal years 2002 through 2007.

(2)  LIMITATIONS.—Of the amount made available to carry out this section in any fiscal year not more than 3 percent may be used by the Attorney General for salaries and adminis­trative expenses.

(3)  MINIMUM AMOUNT.—Each State shall be allocated in each fiscal year under this section not less than 0.75 percent of the total amount appropriated in the fiscal year for grants

42 USC 3711.

 

pursuant to this section, except that the United States Virgin Islands, America Samoa, Guam, and the Northern Mariana Islands each shall be allocated 0.25 percent.

SEC. 1015. EXPANSION AND REAUTHORIZATION OF THE CRIME IDENTI­FICATION TECHNOLOGY ACT FOR ANTITERRORISM GRANTS TO STATES AND LOCALITIES.

Section 102 of the Crime Identification Technology Act of 1998 (42 U.S.C. 14601) is amended—

(1) in subsection (b)—

(A)    in paragraph (16), by striking “and” at the end;

(B)    in paragraph (17), by striking the period and inserting “; and”; and

(C)    by adding at the end the following:

“(18) notwithstanding subsection (c), antiterrorism pur­poses as they relate to any other uses under this section or for other antiterrorism programs.”; and

(2) in subsection (e)(1), by striking “this section” and all that follows and inserting “this section $250,000,000 for each of fiscal years 2002 through 2007.”.

SEC. 1016. CRITICAL INFRASTRUCTURES PROTECTION.

(a) SHORT TITLE.—This section may be cited as the “Critical Infrastructures Protection Act of 2001”.

(b) FINDINGS.—Congress makes the following findings:

(1)  The information revolution has transformed the conduct of business and the operations of government as well as the infrastructure relied upon for the defense and national security of the United States.

(2)  Private business, government, and the national security apparatus increasingly depend on an interdependent network of critical physical and information infrastructures, including telecommunications, energy, financial services, water, and transportation sectors.

(3)  A continuous national effort is required to ensure the reliable provision of cyber and physical infrastructure services critical to maintaining the national defense, continuity of government, economic prosperity, and quality of life in the United States.

(4)  This national effort requires extensive modeling and analytic capabilities for purposes of evaluating appropriate mechanisms to ensure the stability of these complex and inter­dependent systems, and to underpin policy recommendations, so as to achieve the continuous viability and adequate protec­tion of the critical infrastructure of the Nation.

(c) POLICY OF THE UNITED STATES.—It is the policy of the United States—

(1)  that any physical or virtual disruption of the operation of the critical infrastructures of the United States be rare, brief, geographically limited in effect, manageable, and mini­mally detrimental to the economy, human and government services, and national security of the United States;

(2)  that actions necessary to achieve the policy stated in paragraph (1) be carried out in a public-private partnership involving corporate and non-governmental organizations; and

(3)  to have in place a comprehensive and effective program to ensure the continuity of essential Federal Government func­tions under all circumstances.

 

(d) ESTABLISHMENT OF NATIONAL COMPETENCE FOR CRITICAL INFRASTRUCTURE PROTECTION.—

(1) SUPPORT OF CRITICAL INFRASTRUCTURE PROTECTION AND CONTINUITY BY NATIONAL INFRASTRUCTURE SIMULATION AND ANALYSIS CENTER.—There shall be established the National Infrastructure Simulation and Analysis Center (NISAC) to serve as a source of national competence to address critical infrastructure protection and continuity through support for activities related to counterterrorism, threat assessment, and risk mitigation.

(2) PARTICULAR SUPPORT.—The support provided under paragraph (1) shall include the following:

(A) Modeling, simulation, and analysis of the systems comprising critical infrastructures, including cyber infra­structure, telecommunications infrastructure, and physical infrastructure, in order to enhance understanding of the large-scale complexity of such systems and to facilitate modification of such systems to mitigate the threats to such systems and to critical infrastructures generally.

(B) Acquisition from State and local governments and the private sector of data necessary to create and maintain models of such systems and of critical infrastructures gen­erally.

(C) Utilization of modeling, simulation, and analysis under subparagraph (A) to provide education and training to policymakers on matters relating to—

(i)    the analysis conducted under that subpara­graph;

(ii)   the implications of unintended or unintentional disturbances to critical infrastructures; and

(iii) responses to incidents or crises involving crit­ical infrastructures, including the continuity of govern­ment and private sector activities through and after such incidents or crises.

(D) Utilization of modeling, simulation, and analysis under subparagraph (A) to provide recommendations to policymakers, and to departments and agencies of the Fed­eral Government and private sector persons and entities upon request, regarding means of enhancing the stability of, and preserving, critical infrastructures.

(3) RECIPIENT OF CERTAIN SUPPORT.—Modeling, simulation, and analysis provided under this subsection shall be provided, in particular, to relevant Federal, State, and local entities responsible for critical infrastructure protection and policy.

(e) CRITICAL INFRASTRUCTURE DEFINED.—In this section, the term “critical infrastructure” means systems and assets, whether physical or virtual, so vital to the United States that the incapacity or destruction of such systems and assets would have a debilitating impact on security, national economic security, national public health or safety, or any combination of those matters.

 

(f) AUTHORIZATION OF APPROPRIATIONS.—There is hereby authorized for the Department of Defense for fiscal year 2002, $20,000,000 for the Defense Threat Reduction Agency for activities of the National Infrastructure Simulation and Analysis Center under this section in that fiscal year.

Approved October 26, 2001.

LEGISLATIVE HISTORY—H.R. 3162:

CONGRESSIONAL RECORD, Vol. 147 (2001):

Oct. 23, 24, considered and passed House.

Oct. 25, considered and passed Senate.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 37 (2001):

Oct. 26, Presidential remarks.

Categories: Govenance & Privacy

USA Freedom Act

February 8th, 2014 No comments

Summary: H.R.3361 — 113th Congress (2013-2014)

 

Introduced in House (10/29/2013)

 

Uniting and Strengthening America by Fulfilling Rights and Ending Eavesdropping, Dragnet-collection, and Online Monitoring Act or the USA FREEDOM Act – Amends the Foreign Intelligence Surveillance Act of 1978 (FISA) to set forth additional requirements for obtaining orders for business records in counterterrorism investigations, including requiring that the records sought pertain to a foreign power, an agent of a foreign power, or an individual in contact with, or known to a suspected agent of, a foreign power. Requires additional information if the applicant is seeking a nondisclosure requirement in connection with such request. Allows the Director of the Federal Bureau of Investigation (FBI) to apply for renewals of nondisclosure requirements. Authorizes the Attorney General (AG) to require the production of call data records by the provider of a wire or electronic communication service.

Amends the USA PATRIOT Improvements and Reauthorization Act of 2005 to require the Inspector General (IG) of the Department of Justice (DOJ), for 2010 through 2013, to report on an examination of the minimization procedures (procedures designed to minimize the acquisition and retention of information and to prohibit its unauthorized dissemination) used in relation to business records orders.

Imposes additional requirements on the authorized use of pen registers and trap and trace devices (devices for recording incoming and outgoing telephone numbers), including that: (1) the information sought must pertain to a foreign power, agent thereof, or individual in contact with or known to such an agent; and (2) the application must contain a statement of proposed minimization procedures. Requires audits of the effectiveness and use of such devices.

Prohibits the searching of collections of communications of U.S. persons, except: (1) under an order or authorization for electronic surveillance or physical search, (2) with the consent of such person, or (3) under a reasonable belief that the life or safety of the person in threatened and the information is sought to assist that person.

Limits the collection of wholly domestic communications of a U.S. person to those communications: (1) to which any party is a target of the acquisition; or (2) that contain an identifier of a target of an acquisition, only if the communications are acquired to protect against international terrorism or the proliferation of weapons of mass destruction.

Prohibits receiving into evidence any information obtained in an acquisition against any U.S. person for which a deficiency in the procedures for acquiring such information is identified by the Foreign Intelligence Surveillance Court (FISA Court). Authorizes the FISA Court, if the government corrects any deficiencies so identified, to permit the use or disclosure of information acquired before the correction under such minimization procedures as the FISA Court shall establish.

Repeals on June 1, 2015, FISA procedures regarding the targeting of non-U.S. persons located outside the United States in order to acquire foreign intelligence information. Requires reviews of surveillance targeting and minimization procedures by the IG of the Intelligence Community (IC), including mandatory review with respect to the privacy rights of U.S. persons.

Establishes within the judicial branch an Office of the Special Advocate to participate in proceedings before the FISA Court and the Foreign Intelligence Surveillance Court of Review, request reconsiderations of FISA Court decisions, and participate in appeals and reviews. Requires the Special Advocate to vigorously advocate in support of legal interpretations that protect individual privacy and civil liberties. Requires the Attorney General to publicly disclose specified information in connection with FISA Court or FISA Court of Review decisions appealed by the Special Advocate. Requires the release of as much information regarding the facts and analysis in such decisions as is consistent with legitimate national security concerns.

Authorizes the FBI Director to request from a communication service provider the name, address, length of service, and local and long distance billing records of a person as part of a national security investigation only if there are reasonable grounds to believe that the information sought pertains to a foreign power, an agent of a foreign power, or an individual in contact with, or known to a suspected agent of, a foreign power. Provides similar requirements with respect to an FBI request for information from financial institutions and consumer reporting agencies. Revises provisions prohibiting the disclosure of the receipt of a national security letter by such providers, institutions, and agencies to except disclosure to: (1) those persons to whom disclosure is necessary to comply with the request, (2) an attorney in order to obtain legal advice or assistance regarding the request, or (3) other persons as permitted by the FBI. Includes under such prohibition (with the same exceptions) national security letters issued in connection with the investigation of persons with access to classified information. Allows affected communications providers, financial institutions, and consumer reporting agencies to seek judicial review of requests for information. Requires the DOJ IG to report results of audits of national security letters issued during 2010 through 2013.

Amends provisions of FISA, the Right to Financial Privacy Act of 1978, the National Security Act of 1947, and the Fair Credit Reporting Act (FCRA) concerning national security letters to, effective June 1, 2015, make such provisions read as they read on October 25, 2001.

Allows electronic service providers to publicly report on information provided under FISA orders and national security letters. Exempts such providers from liability with respect to such reports. Revises requirements concerning government reporting on the use of FISA orders and national security letters.

Amends the Intelligence Reform and Terrorism Prevention Act of 2004 to remove the AG as a required intermediary for subpoenas in connection with authorized activities of the Privacy and Civil Liberties Oversight Board.


 


113th CONGRESS
1st Session
H. R. 3361

To reform the authorities of the Federal Government to require the production of certain business records, conduct electronic surveillance, use pen registers and trap and trace devices, and use other forms of information gathering for foreign intelligence, counterterrorism, and criminal purposes, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES
October 29, 2013

Mr. SENSENBRENNER (for himself, Mr. CONYERS, Ms. LOFGREN, Mr. AMASH, Mr. NADLER, Mr. ROE of Tennessee, Ms. JACKSON LEE, Mr. FARR, Mr. POLIS, Ms. CHU, Ms. BASS, Mr. RICHMOND, Mr. THOMPSON of Mississippi, Ms. DELBENE, Mr. ROHRABACHER, Mr. MICA, Mr. YOUNG of Alaska, Mr. PETRI, Mr. SANFORD, Mr. WELCH, Mr. GRAYSON, Mr. DUNCAN of South Carolina, Ms. ESHOO, Mr. ROKITA, Mr. SMITH of Missouri, Mr. STEWART, Mr. AMODEI, Mr. YOHO, Mr. JEFFRIES, Ms. NORTON, Mr. DEUTCH, Mr. SCOTT of Virginia, Mr. QUIGLEY, Mr. HUNTER, Mr. GARAMENDI, Mr. MULLIN, Mr. MASSIE, Ms. LEE of California, Ms. MOORE, Mr. DUFFY, Ms. GABBARD, Mr. COBLE, Mr. TERRY, Mr. GRAVES of Georgia, Mr. POCAN, Mr. O’ROURKE, Mr. LABRADOR, Mr. HUFFMAN, Mr. GOWDY, Mr. COFFMAN, Mr. MULVANEY, Mr. BURGESS, Mr. ISSA, Mr. MORAN, Mr. GIBSON, Mr. HONDA, Ms. SPEIER, Mr. JOHNSON of Georgia, Mr. GOHMERT, Mr. YODER, Mr. GENE GREEN of Texas, Mr. HUELSKAMP, Mr. CAPUANO, Mr. BENTIVOLIO, Mr. JONES, Mr. THOMPSON of Pennsylvania, Mr. BUCHANAN, Mr. LONG, Mr. ELLISON, Mr. DAINES, Mr. MICHAUD, Mr. LOWENTHAL, Mr. PEARCE, Mr. POE of Texas, Mr. BERA of California, Mr. GRIFFIN of Arkansas, Mr. BLUMENAUER, Mr. SCHWEIKERT, and Mr. FITZPATRICK) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Select Committee on Intelligence (Permanent Select) and Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned


A BILL

To reform the authorities of the Federal Government to require the production of certain business records, conduct electronic surveillance, use pen registers and trap and trace devices, and use other forms of information gathering for foreign intelligence, counterterrorism, and criminal purposes, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title- This Act may be cited as the `Uniting and Strengthening America by Fulfilling Rights and Ending Eavesdropping, Dragnet-collection, and Online Monitoring Act’ or the `USA FREEDOM Act’.
    (b) Table of Contents- The table of contents for this Act is as follows:
    Sec. 1. Short title; table of contents.

TITLE I–FISA BUSINESS RECORDS REFORMS

    Sec. 101. Privacy protections for business records orders.
    Sec. 102. Inspector general reports on business records orders.

TITLE II–FISA PEN REGISTER AND TRAP AND TRACE DEVICE REFORMS

    Sec. 201. Privacy protections for pen registers and trap and trace devices.
    Sec. 202. Inspector general reports on pen registers and trap and trace devices.

TITLE III–FISA ACQUISITIONS TARGETING PERSONS OUTSIDE THE UNITED STATES REFORMS

    Sec. 301. Clarification on prohibition on searching of collections of communications to conduct warrantless searches for the communications of United States persons.
    Sec. 302. Protection against collection of wholly domestic communications.
    Sec. 303. Prohibition on reverse targeting.
    Sec. 304. Limits on use of unlawfully obtained information.
    Sec. 305. Modification of FISA Amendments Act of 2008 sunset.
    Sec. 306. Inspector general reviews of authorities.

TITLE IV–FOREIGN INTELLIGENCE SURVEILLANCE COURT REFORMS

    Sec. 401. Office of the Special Advocate.
    Sec. 402. Foreign Intelligence Surveillance Court disclosure of opinions.
    Sec. 403. Preservation of rights.

TITLE V–NATIONAL SECURITY LETTER REFORMS

    Sec. 501. National security letter authority.
    Sec. 502. Limitations on disclosure of national security letters.
    Sec. 503. Judicial review.
    Sec. 504. Inspector general reports on national security letters.
    Sec. 505. National security letter sunset.
    Sec. 506. Technical and conforming amendments.

TITLE VI–FISA AND NATIONAL SECURITY LETTER TRANSPARENCY REFORMS

    Sec. 601. Third-party reporting on FISA orders and national security letters.
    Sec. 602. Government reporting on FISA orders.
    Sec. 603. Government reporting on national security letters.

TITLE VII–PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD SUBPOENA AUTHORITY

    Sec. 701. Privacy and Civil Liberties Oversight Board subpoena authority.

TITLE I–FISA BUSINESS RECORDS REFORMS

SEC. 101. PRIVACY PROTECTIONS FOR BUSINESS RECORDS ORDERS.

    (a) Privacy Protections-
    (1) IN GENERAL- Section 501(b) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861(b)) is amended–
    (A) in paragraph (1)(B), by striking `and’ after the semicolon;
    (B) in paragraph (2), by striking subparagraphs (A) and (B) and inserting the following new subparagraphs:
    `(A) a statement of facts showing that there are reasonable grounds to believe that the tangible things sought–
    `(i) are relevant and material to an authorized investigation (other than a threat assessment) conducted in accordance with subsection (a)(2) to–
    `(I) obtain foreign intelligence information not concerning a United States person; or
    `(II) protect against international terrorism or clandestine intelligence activities; and
    `(ii) pertain to–
    `(I) a foreign power or an agent of a foreign power;
    `(II) the activities of a suspected agent of a foreign power who is the subject of such authorized investigation; or
    `(III) an individual in contact with, or known to, a suspected agent of a foreign power; and
    `(B) a statement of proposed minimization procedures; and’; and
    (C) by adding at the end the following paragraph:
    `(3) if the applicant is seeking a nondisclosure requirement described in subsection (d), shall include–
    `(A) the time period during which the Government believes the nondisclosure requirement should apply;
    `(B) a statement of facts showing that there are reasonable grounds to believe that disclosure of particular information about the existence or contents of the order requiring the production of tangible things under this section during such time period will result in–
    `(i) endangering the life or physical safety of any person;
    `(ii) flight from investigation or prosecution;
    `(iii) destruction of or tampering with evidence;
    `(iv) intimidation of potential witnesses;
    `(v) interference with diplomatic relations;
    `(vi) alerting a target, an associate of a target, or the foreign power of which the target is an agent, of the interest of the Government in the target; or
    `(vii) otherwise seriously endangering the national security of the United States; and
    `(C) an explanation of how the nondisclosure requirement is narrowly tailored to address the specific harm identified under subparagraph (B).’.
    (2) ORDER- Section 501(c) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861(c)) is amended–
    (A) in paragraph (1)–
    (i) by striking `subsections (a) and (b)’ and inserting `subsection (a) and paragraphs (1) and (2) of subsection (b) and that the proposed minimization procedures meet the definition of minimization procedures under subsection (g)’; and
    (ii) by striking the last sentence and inserting the following: `If the judge finds that the requirements of subsection (b)(3) have been met, such order shall include a nondisclosure requirement, which may apply for not longer than 1 year, unless the facts justify a longer period of nondisclosure, subject to the principles and procedures described in subsection (d).’; and
    (B) in paragraph (2)–
    (i) in subparagraph (C), by inserting before the semicolon `, if applicable’;
    (ii) in subparagraph (D), by striking `and’ at the end;
    (iii) in subparagraph (E), by striking the period at the end and inserting `; and’; and
    (iv) by adding at the end the following new subparagraph:
    `(F) shall direct that the minimization procedures be followed.’.
    (3) NONDISCLOSURE- Section 501(d) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861(d)) is amended to read as follows:
    `(d) Nondisclosure-
    `(1) IN GENERAL- No person who receives an order entered under subsection (c) that contains a nondisclosure requirement shall disclose to any person the particular information specified in the nondisclosure requirement during the time period to which the requirement applies.
    `(2) EXCEPTION-
    `(A) IN GENERAL- A person who receives an order entered under subsection (c) that contains a nondisclosure requirement may disclose information otherwise subject to any applicable nondisclosure requirement to–
    `(i) those persons to whom disclosure is necessary to comply with the order;
    `(ii) an attorney to obtain legal advice or assistance regarding the order; or
    `(iii) other persons as permitted by the Director of the Federal Bureau of Investigation or the designee of the Director.
    `(B) APPLICATION- A person to whom disclosure is made under subparagraph (A) shall be subject to the nondisclosure requirements applicable to a person to whom an order is directed under this section in the same manner as the person to whom the order is directed.
    `(C) NOTICE- Any person who discloses to a person described in subparagraph (A) information otherwise subject to a nondisclosure requirement shall notify the person of the applicable nondisclosure requirement.
    `(D) IDENTIFICATION OF DISCLOSURE RECIPIENTS- At the request of the Director of the Federal Bureau of Investigation or the designee of the Director, any person making or intending to make a disclosure under clause (i) or (iii) of subparagraph (A) shall identify to the Director or such designee the person to whom such disclosure will be made or to whom such disclosure was made prior to the request.
    `(3) EXTENSION- 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 apply for renewals of the prohibition on disclosure of particular information about the existence or contents of an order requiring the production of tangible things under this section for additional periods of not longer than 1 year, unless the facts justify a longer period of nondisclosure. A nondisclosure requirement shall be renewed if a court having jurisdiction under paragraph (4) determines that the application meets the requirements of subsection (b)(3).
    `(4) JURISDICTION- An application for a renewal under this subsection shall be made to–
    `(A) a judge of the court established under 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 the court established under section 103(a).’.
    (4) MINIMIZATION- Section 501(g) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861(g)) is amended–
    (A) in paragraph (1), by striking `Not later than’ and all that follows and inserting `At or before the end of the period of time for the production of tangible things under an order entered under this section or at any time after the production of tangible things under an order entered under this section, a judge may assess compliance with the minimization procedures required by such order by reviewing the circumstances under which information concerning United States persons was acquired, retained, or disseminated.’; and
    (B) in paragraph (2)(A), by inserting `acquisition and’ after `to minimize the’.
    (5) CONFORMING AMENDMENT- Section 501(f)(1)(B) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861(f)(1)(B)) is amended by striking `an order imposed under subsection (d)’ and inserting `a nondisclosure requirement imposed in connection with a production order’.
    (b) Judicial Review- Section 501(f)(2) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861(f)(2)) is amended–
    (1) in subparagraph (A)(i)–
    (A) by striking `that order’ and inserting `such production order or any nondisclosure order imposed in connection with such production order’; and
    (B) by striking the second sentence;
    (2) by striking subparagraph (C) and inserting the following new subparagraph:
    `(C) A judge considering a petition to modify or set aside a nondisclosure order shall grant such petition unless the court determines that–
    `(i) there is reason to believe that disclosure of the information subject to the nondisclosure requirement during the time period in which such requirement is in effect will result in–
    `(I) endangering the life or physical safety of any person;
    `(II) flight from investigation or prosecution;
    `(III) destruction of or tampering with evidence;
    `(IV) intimidation of potential witnesses;
    `(V) interference with diplomatic relations;
    `(VI) alerting a target, an associate of a target, or the foreign power of which the target is an agent, of the interest of the Government in the target; or
    `(VII) otherwise seriously endangering the national security of the United States; and
    `(ii) the nondisclosure requirement is narrowly tailored to address the specific harm identified under clause (i).’; and
    (3) by adding at the end the following new subparagraph:
    `(E) If a judge denies a petition to modify or set aside a nondisclosure order under this paragraph, no person may file another petition to modify or set aside such nondisclosure order until the date that is one year after the date on which such judge issues the denial of such petition.’.
    (c) Emergency Authority for Access to Call Detail Records-
    (1) IN GENERAL- Title V of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861 et seq.) is amended–
    (A) by redesignating section 502 as section 503; and
    (B) by inserting after section 501 the following new section:

`SEC. 502. EMERGENCY AUTHORITY FOR ACCESS TO CALL DETAIL RECORDS.

    `(a) In General- Notwithstanding any other provision of this title, the Attorney General may require the production of call detail records by the provider of a wire or electronic communication service on an emergency basis if–
    `(1) such records–
    `(A) are relevant and material to an authorized investigation (other than a threat assessment) conducted in accordance with section 501(a)(2) to–
    `(i) obtain foreign intelligence information not concerning a United States person; or
    `(ii) protect against international terrorism or clandestine intelligence activities; and
    `(B) pertain to–
    `(i) a foreign power or an agent of a foreign power;
    `(ii) the activities of a suspected agent of a foreign power who is the subject of such authorized investigation; or
    `(iii) an individual in contact with, or known to, a suspected agent of a foreign power;
    `(2) the Attorney General reasonably determines that–
    `(A) an emergency requires the production of such records before an order requiring such production can with due diligence be obtained under section 501; and
    `(B) the factual basis for issuance of an order under section 501 to require the production of such records exists;
    `(3) a judge referred to in section 501(b)(1) is informed by the Attorney General or a designee of the Attorney General at the time of the required production of such records that the decision has been made to require such production on an emergency basis; and
    `(4) an application in accordance with section 501 is made to such judge as soon as practicable, but not more than 7 days after the date on which the Attorney General requires the production of such records under this section.
    `(b) Termination of Authority-
    `(1) TERMINATION- In the absence of an order under section 501 approving the production of call detail records under subsection (a), the authority to require the production of such records shall terminate at the earlier of–
    `(A) when the information sought is obtained;
    `(B) when the application for the order is denied under section 501; or
    `(C) 7 days after the time of the authorization by the Attorney General.
    `(2) USE OF INFORMATION- If an application for an order under section 501 for the production of call detail records required to be produced pursuant to subsection (a) is denied, or in any other case in which the emergency production of call detail records under this section is terminated and no order under section 501 is issued approving the required production of such records, no information obtained or evidence derived from such records shall be received in evidence or otherwise disclosed in any trial, hearing, or other proceeding in or before any court, grand jury, department, office, agency, regulatory body, legislative committee, or other authority of the United States, a State, or political subdivision thereof, and no information concerning any United States person acquired from such records shall subsequently be used or disclosed in any other manner by Federal officers or employees without the consent of such person, except with the approval of the Attorney General if the information indicates a threat of death or serious bodily harm to any person.
    `(c) Report- The Attorney General shall annually submit to the Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives and the Select Committee on Intelligence and the Committee on the Judiciary of the Senate a report containing the number of times the authority under this section was exercised during the calendar year covered by such report.
    `(d) Call Detail Records Defined- In this section, the term `call detail records’–
    `(1) means session identifying information (including originating or terminating telephone number, International Mobile Subscriber Identity number, or International Mobile Station Equipment Identity number), telephone calling card numbers, or the time or duration of a call; and
    `(2) does not include–
    `(A) the contents of any communication (as defined in section 2510(8) of title 18, United States Code);
    `(B) the name, address, or financial information of a subscriber or customer; or
    `(C) cell site location information.’.
    (2) TABLE OF CONTENTS AMENDMENT- The table of contents in the first section of the Foreign Intelligence Surveillance Act of 1978 is amended by striking the item relating to section 502 and inserting the following new items:
    `502. Emergency authority for access to call detail records.
    `503. Congressional oversight.’.
    (3) CONFORMING AMENDMENT- Section 102(b) of the USA PATRIOT Improvement and Reauthorization Act of 2005 (50 U.S.C. 1805 note) is amended by striking `sections 501, 502, and’ and inserting `title V and section’.

SEC. 102. INSPECTOR GENERAL REPORTS ON BUSINESS RECORDS ORDERS.

    Section 106A of the USA PATRIOT Improvement and Reauthorization Act of 2005 (Public Law 109-177; 120 Stat. 200) is amended–
    (1) in subsection (b)–
    (A) in paragraph (1), by inserting `and calendar years 2010 through 2013′ after `2006′;
    (B) by striking paragraphs (2) and (3);
    (C) by redesignating paragraphs (4) and (5) as paragraphs (2) and (3), respectively; and
    (D) in paragraph (3) (as so redesignated)–
    (i) by striking subparagraph (C) and inserting the following new subparagraph:
    `(C) with respect to calendar years 2010 through 2013, an examination of the minimization procedures used in relation to orders under section 501 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861) and whether the minimization procedures adequately protect the constitutional rights of United States persons;’; and
    (ii) in subparagraph (D), by striking `(as such term is defined in section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)))’;
    (2) in subsection (c), by adding at the end the following new paragraph:
    `(3) CALENDAR YEARS 2010 THROUGH 2013- Not later than December 31, 2014, the Inspector General of the Department of Justice shall submit to the Committee on the Judiciary and the Select Committee on Intelligence of the Senate and the Committee on the Judiciary and the Permanent Select Committee on Intelligence of the House of Representatives a report containing the results of the audit conducted under subsection (a) for calendar years 2010 through 2013.’;
    (3) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively;
    (4) by inserting after subsection (c) the following new subsection:
    `(d) Intelligence Assessment-
    `(1) IN GENERAL- For the period beginning on January 1, 2010, and ending on December 31, 2013, the Inspector General of the Intelligence Community shall–
    `(A) assess the importance of the information acquired under title V of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861 et seq.) to the activities of the intelligence community;
    `(B) examine the manner in which that information was collected, retained, analyzed, and disseminated by the intelligence community;
    `(C) describe any noteworthy facts or circumstances relating to orders under such title;
    `(D) examine any minimization procedures used by elements of the intelligence community under such title and whether the minimization procedures adequately protect the constitutional rights of United States persons; and
    `(E) examine any minimization procedures proposed by an element of the intelligence community under such title that were modified or denied by the court established under section 103(a) of such Act (50 U.S.C. 1803(a)).
    `(2) SUBMISSION DATE FOR ASSESSMENT- Not later than December 31, 2014, the Inspector General of the Intelligence Community shall submit to the Committee on the Judiciary and the Select Committee on Intelligence of the Senate and the Committee on the Judiciary and the Permanent Select Committee on Intelligence of the House of Representatives a report containing the results of the assessment for calendar years 2010 through 2013.’;
    (5) in subsection (e), as redesignated by paragraph (3)–
    (A) in paragraph (1)–
    (i) by striking `a report under subsection (c)(1) or (c)(2)’ and inserting `any report under subsection (c) or (d)’; and
    (ii) by striking `Inspector General of the Department of Justice’ and inserting `Inspector General of the Department of Justice, the Inspector General of the Intelligence Community, and any Inspector General of an element of the intelligence community that prepares a report to assist the Inspector General of the Department of Justice or the Inspector General of the Intelligence Community in complying with the requirements of this section’; and
    (B) in paragraph (2), by striking `the reports submitted under subsection (c)(1) and (c)(2)’ and inserting `any report submitted under subsection (c) or (d)’;
    (6) in subsection (f), as redesignated by paragraph (3)–
    (A) by striking `The reports submitted under subsections (c)(1) and (c)(2)’ and inserting `Each report submitted under subsection (c)’; and
    (B) by striking `subsection (d)(2)’ and inserting `subsection (e)(2)’; and
    (7) by adding at the end the following new subsection:
    `(g) Definitions- In this section:
    `(1) INTELLIGENCE COMMUNITY- The term `intelligence community’ has the meaning given that term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).
    `(2) UNITED STATES PERSON- The term `United States person’ has the meaning given that term in section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801).’.

TITLE II–FISA PEN REGISTER AND TRAP AND TRACE DEVICE REFORMS

SEC. 201. PRIVACY PROTECTIONS FOR PEN REGISTERS AND TRAP AND TRACE DEVICES.

    (a) Application- Section 402(c) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1842(c)) is amended–
    (1) in paragraph (1), by striking `and’ at the end; and
    (2) by striking paragraph (2) and inserting the following new paragraphs:
    `(2) a statement of facts showing that there are reasonable grounds to believe that the information sought–
    `(A) is relevant and material to an authorized investigation to obtain foreign intelligence information not concerning a United States person or to protect against international terrorism or clandestine intelligence activities (other than a threat assessment), 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 of the United States; and
    `(B) pertain to–
    `(i) a foreign power or an agent of a foreign power;
    `(ii) the activities of a suspected agent of a foreign power who is the subject of such authorized investigation; or
    `(iii) an individual in contact with, or known to, a suspected agent of a foreign power; and
    `(3) a statement of proposed minimization procedures.’.
    (b) Minimization-
    (1) DEFINITION- Section 401 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1841) is amended by adding at the end the following new paragraph:
    `(4) The term `minimization procedures’ means–
    `(A) specific procedures that are reasonably designed in light of the purpose and technique of an order for the installation and use of a pen register or trap and trace device, to minimize the acquisition and retention, and prohibit the dissemination, of nonpublicly available information concerning unconsenting United States persons consistent with the need of the United States to obtain, produce, and disseminate foreign intelligence information;
    `(B) procedures that require that nonpublicly available information, which is not foreign intelligence information, as defined in section 101(e)(1), shall not be disseminated in a manner that identifies any United States person, without such person’s consent, unless such person’s identity is necessary to understand foreign intelligence information or assess its importance; and
    `(C) notwithstanding subparagraphs (A) and (B), procedures that allow for the retention and dissemination of information that is evidence of a crime which has been, is being, or is about to be committed and that is to be retained or disseminated for law enforcement purposes.’.
    (2) PROCEDURES REQUIRED- Section 402 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1842) is amended–
    (A) in subsection (d)–
    (i) in paragraph (1), by inserting `and that the proposed minimization procedures meet the definition of minimization procedures under this title’ before the period at the end; and
    (ii) in paragraph (2)(B)–
    (I) in clause (ii)(II), by striking `and’ after the semicolon; and
    (II) by adding at the end the following new clause:
    `(iv) the minimization procedures be followed; and’; and
    (B) by adding at the end the following new subsection:
    `(h) At or before the end of the period of time for which the installation and use of a pen register or trap and trace device is approved under an order or an extension under this section, the judge may assess compliance with the minimization procedures by reviewing the circumstances under which information concerning United States persons was acquired, retained, or disseminated.’.
    (3) EMERGENCIES- Section 403 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1843) is amended–
    (A) by redesignating subsection (c) as subsection (d); and
    (B) by inserting after subsection (b) the following new subsection:
    `(c) If the Attorney General authorizes the emergency installation and use of a pen register or trap and trace device under this section, the Attorney General shall require that minimization procedures required by this title for the issuance of a judicial order be followed.’.
    (4) USE OF INFORMATION- Section 405(a)(1) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1845(a)(1)) is amended by inserting `and the minimization procedures required under the order approving such pen register or trap and trace device’ after `of this section’.
    (c) Transition Procedures-
    (1) ORDERS IN EFFECT- Notwithstanding the amendments made by this section, an order entered under section 402(d)(1) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1842(d)(1)) that is in effect on the effective date of the amendments made by this section shall remain in effect until the expiration of the order.
    (2) EXTENSIONS- A request for an extension of an order referred to in paragraph (1) shall be subject to the requirements of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), as amended by this Act.

SEC. 202. INSPECTOR GENERAL REPORTS ON PEN REGISTERS AND TRAP AND TRACE DEVICES.

    (a) Audits- The Inspector General of the Department of Justice shall perform comprehensive audits of the effectiveness and use, including any improper or illegal use, of pen registers and trap and trace devices under title IV of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1841 et seq.) during the period beginning on January 1, 2010, and ending on December 31, 2013.
    (b) Requirements- The audits required under subsection (a) shall include–
    (1) an examination of the use of pen registers and trap and trace devices under such title for calendar years 2010 through 2013;
    (2) an examination of the installation and use of a pen register or trap and trace device on emergency bases under section 403 of such Act (50 U.S.C. 1843);
    (3) an examination of any noteworthy facts or circumstances relating to the use of a pen register or trap and trace device under such title, including any improper or illegal use of the authority provided under such title; and
    (4) an examination of the effectiveness of the authority under such title as an investigative tool, including–
    (A) the importance of the information acquired to the intelligence activities of the Federal Bureau of Investigation;
    (B) the manner in which the information is collected, retained, analyzed, and disseminated by the Federal Bureau of Investigation, including any direct access to the information provided to any other department, agency, or instrumentality of Federal, State, local, or tribal governments or any private sector entity;
    (C) whether, and how often, the Federal Bureau of Investigation used information acquired under a pen register or trap and trace device under such title to produce an analytical intelligence product for distribution within the Federal Bureau of Investigation, to the intelligence community, or to another department, agency, or instrumentality of Federal, State, local, or tribal governments; and
    (D) whether, and how often, the Federal Bureau of Investigation provided information acquired under a pen register or trap and trace device under such title to law enforcement authorities for use in criminal proceedings.
    (c) Report- Not later than December 31, 2014, the Inspector General of the Department of Justice shall submit to the Committee on the Judiciary and the Select Committee on Intelligence of the Senate and the Committee on the Judiciary and the Permanent Select Committee on Intelligence of the House of Representatives a report containing the results of the audits conducted under subsection (a) for calendar years 2010 through 2013.
    (d) Intelligence Assessment-
    (1) IN GENERAL- For the period beginning January 1, 2010, and ending on December 31, 2013, the Inspector General of the Intelligence Community shall–
    (A) assess the importance of the information to the activities of the intelligence community;
    (B) examine the manner in which the information was collected, retained, analyzed, and disseminated;
    (C) describe any noteworthy facts or circumstances relating to orders under title IV of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1841 et seq.); and
    (D) examine any minimization procedures used by elements of the intelligence community in relation to pen registers and trap and trace devices under title IV of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1841 et seq.) and whether the minimization procedures adequately protect the constitutional rights of United States persons.
    (2) SUBMISSION DATES FOR ASSESSMENT- Not later than December 31, 2014, the Inspector General of the Intelligence Community shall submit to the Committee on the Judiciary and the Select Committee on Intelligence of the Senate and the Committee on the Judiciary and the Permanent Select Committee on Intelligence of the House of Representatives a report containing the results of the assessment for calendar years 2010 through 2013.
    (e) Prior Notice to Attorney General and Director of National Intelligence; Comments-
    (1) NOTICE- Not later than 30 days before the submission of any report under subsection (c) or (d), the Inspector General of the Department of Justice and the Inspector General of the Intelligence Community shall provide the report to the Attorney General and the Director of National Intelligence.
    (2) COMMENTS- The Attorney General or the Director of National Intelligence may provide such comments to be included in any report submitted under subsection (c) or (d) as the Attorney General or the Director of National Intelligence may consider necessary.
    (f) Unclassified Form- Each report submitted under subsection (c) and any comments included in that report under subsection (e)(2) shall be in unclassified form, but may include a classified annex.
    (g) Definitions- In this section–
    (1) the terms `Attorney General’, `foreign intelligence information’, and `United States person’ have the meanings given those terms in section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801);
    (2) the term `intelligence community’ has the meaning given that term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003);
    (3) the term `minimization procedures’ has the meaning given that term in section 401 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1841), as amended by this Act; and
    (4) the terms `pen register’ and `trap and trace device’ have the meanings given those terms in section 3127 of title 18, United States Code.

TITLE III–FISA ACQUISITIONS TARGETING PERSONS OUTSIDE THE UNITED STATES REFORMS

SEC. 301. CLARIFICATION ON PROHIBITION ON SEARCHING OF COLLECTIONS OF COMMUNICATIONS TO CONDUCT WARRANTLESS SEARCHES FOR THE COMMUNICATIONS OF UNITED STATES PERSONS.

    Section 702(b) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a(b)) is amended–
    (1) by redesignating paragraphs (1) through (5) as subparagraphs (A) through (E), respectively, and indenting such subparagraphs, as so redesignated, an additional two ems from the left margin;
    (2) by striking `An acquisition’ and inserting the following:
    `(1) IN GENERAL- An acquisition’; and
    (3) by adding at the end the following new paragraph:
    `(2) CLARIFICATION ON PROHIBITION ON SEARCHING OF COLLECTIONS OF COMMUNICATIONS OF UNITED STATES PERSONS-
    `(A) IN GENERAL- Except as provided in subparagraph (B), no officer or employee of the United States may conduct a search of a collection of communications acquired under this section in an effort to find communications of a particular United States person (other than a corporation).
    `(B) CONCURRENT AUTHORIZATION AND EXCEPTION FOR EMERGENCY SITUATIONS- Subparagraph (A) shall not apply to a search for communications related to a particular United States person if–
    `(i) such United States person is the subject of an order or emergency authorization authorizing electronic surveillance or physical search under section 105, 304, 703, 704, or 705, or title 18, United States Code, for the effective period of that order;
    `(ii) the entity carrying out the search has a reasonable belief that the life or safety of such United States person is threatened and the information is sought for the purpose of assisting that person; or
    `(iii) such United States person has consented to the search.’.

SEC. 302. PROTECTION AGAINST COLLECTION OF WHOLLY DOMESTIC COMMUNICATIONS.

    (a) In General- Section 702 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a) is amended–
    (1) in subsection (d)(1)–
    (A) in subparagraph (A), by striking `and’ at the end;
    (B) in subparagraph (B), by striking the period and inserting `; and’; and
    (C) by adding at the end the following new subparagraph:
    `(C) limit the acquisition of the contents of any communication to those communications–
    `(i) to which any party is a target of the acquisition; or
    `(ii) that contain an account identifier of a target of an acquisition, only if such communications are acquired to protect against international terrorism or the international proliferation of weapons of mass destruction.’; and
    (2) in subsection (i)(2)(B)–
    (A) in clause (i), by striking `; and’ and inserting a semicolon;
    (B) in clause (ii), by striking the period and inserting `; and’; and
    (C) by adding at the end the following new clause:
    `(iii) limit the acquisition of the contents of any communication to those communications–
    `(I) to which any party is a target of the acquisition; or
    `(II) that contain an account identifier of the target of an acquisition, only if such communications are acquired to protect against international terrorism or the international proliferation of weapons of mass destruction.’.
    (b) Conforming Amendment- Section 701 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881) is amended–
    (1) in subsection (a)–
    (A) by inserting `international terrorism’,’ after `foreign power’,’; and
    (B) by striking `and `United States person’ and inserting `United States person’, and `weapon of mass destruction’; and
    (2) in subsection (b)–
    (A) by redesignating paragraphs (1) through (5) as paragraphs (2) through (6), respectively; and
    (B) by inserting before paragraph (2), as so redesignated, the following new paragraph:
    `(1) ACCOUNT IDENTIFIER- The term `account identifier’ means a telephone or instrument number, other subscriber number, email address, or username used to uniquely identify an account.’.
    (c) Effective Date- The amendments made by subsections (a) and (b) shall take effect on the date that is 180 days after the date of the enactment of this Act.

SEC. 303. PROHIBITION ON REVERSE TARGETING.

    Section 702(b)(1)(B) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a), as redesignated by section 301(1) of this Act, is amended by striking `the purpose’ and inserting `a significant purpose’.

SEC. 304. LIMITS ON USE OF UNLAWFULLY OBTAINED INFORMATION.

    Section 702(i)(3) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a(i)(3)) is amended by striking subparagraph (B) and inserting the following new subparagraph:
    `(B) CORRECTION OF DEFICIENCIES-
    `(i) IN GENERAL- If the Court finds that a certification required by subsection (g) does not contain all of the required elements, or that the procedures required by subsections (d) and (e) are not consistent with the requirements of those subsections or the Fourth Amendment to the Constitution of the United States, the Court shall issue an order directing the Government to, at the Government’s election and to the extent required by the order of the Court–
    `(I) correct any deficiency identified by the order of the Court not later than 30 days after the date on which the Court issues the order; or
    `(II) cease, or not begin, the implementation of the authorization for which such certification was submitted.
    `(ii) LIMITATION ON USE OF INFORMATION-
    `(I) IN GENERAL- Except as provided in subclause (II), no information obtained or evidence derived from an acquisition pursuant to a certification or targeting or minimization procedures subject to an order under clause (i) concerning any United States person shall be received in evidence or otherwise disclosed in any trial, hearing, or other proceeding in or before any court, grand jury, department, office, agency, regulatory body, legislative committee, or other authority of the United States, a State, or political subdivision thereof, and no information concerning any United States person acquired from the acquisition shall subsequently be used or disclosed in any other manner by Federal officers or employees without the consent of the United States person, except with the approval of the Attorney General if the information indicates a threat of death or serious bodily harm to any person.
    `(II) EXCEPTION- If the Government corrects any deficiency identified by the order of the Court under clause (i), the Court may permit the use or disclosure of information acquired before the date of the correction under such minimization procedures as the Court shall establish for purposes of this clause.’.

SEC. 305. MODIFICATION OF FISA AMENDMENTS ACT OF 2008 SUNSET.

    (a) Modification- Section 403(b)(1) of the FISA Amendments Act of 2008 (Public Law 110-261; 50 U.S.C. 1881 note) is amended by striking `December 31, 2017′ and inserting `June 1, 2015′.
    (b) Technical and Conforming Amendments- Section 403(b)(2) of such Act (Public Law 110-261; 122 Stat. 2474) is amended by striking `December 31, 2017′ and inserting `June 1, 2015′.
    (c) Orders in Effect- Section 404(b)(1) of such Act (Public Law 110-261; 50 U.S.C. 1801 note) is amended in the paragraph heading by striking `DECEMBER 31, 2017′ and inserting `JUNE 1, 2015′.

SEC. 306. INSPECTOR GENERAL REVIEWS OF AUTHORITIES.

    (a) Agency Assessments- Section 702(l)(2) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a(l)(2)) is amended–
    (1) in the matter preceding subparagraph (A), by striking `authorized to acquire foreign intelligence information under subsection (a)’ and inserting `subject to the targeting or minimization procedures approved under this section’;
    (2) in subparagraph (C), by inserting `United States persons or’ after `later determined to be’; and
    (3) in subparagraph (D)–
    (A) in the matter preceding clause (i), by striking `such review’ and inserting `review conducted under this paragraph’;
    (B) in clause (ii), by striking `and’ at the end;
    (C) by redesignating clause (iii) as clause (iv); and
    (D) by inserting after clause (ii) the following new clause:
    `(iii) the Inspector General of the Intelligence Community; and’.
    (b) Inspector General of the Intelligence Community Review-
    (1) RECURRING REVIEWS- Section 702(l) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a(l)) is amended–
    (A) by redesignating paragraph (3) as paragraph (4); and
    (B) by inserting after paragraph (2) the following new paragraph:
    `(3) INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY REVIEW-
    `(A) IN GENERAL- The Inspector General of the Intelligence Community is authorized to review the acquisition, use, and dissemination of information acquired under subsection (a) to review compliance with the targeting and minimization procedures adopted in accordance with subsections (d) and (e) and the guidelines adopted in accordance with subsection (f), and in order to conduct the review required under subparagraph (B).
    `(B) MANDATORY REVIEW- The Inspector General of the Intelligence Community shall review the procedures and guidelines developed by the elements of the intelligence community to implement this section, with respect to the protection of the privacy rights of United States persons, including–
    `(i) an evaluation of the limitations outlined in subsection (b), the procedures approved in accordance with subsections (d) and (e), and the guidelines adopted in accordance with subsection (f), with respect to the protection of the privacy rights of United States persons; and
    `(ii) an evaluation of the circumstances under which the contents of communications acquired under subsection (a) may be searched in order to review the communications of particular United States persons.
    `(C) CONSIDERATION OF OTHER REVIEWS AND ASSESSMENTS- In conducting a review under subparagraph (B), the Inspector General of the Intelligence Community shall take into consideration, to the extent relevant and appropriate, any reviews or assessments that have been completed or are being undertaken under this section.
    `(D) PUBLIC REPORTING OF FINDINGS AND CONCLUSIONS- In a manner consistent with the protection of the national security of the United States, and in unclassified form, the Inspector General of the Intelligence Community shall make publicly available a summary of the findings and conclusions of the review conducted under subparagraph (B).’.
    (2) REPORT- Not later than December 31, 2014, the Inspector General of the Intelligence Community shall submit a report regarding the reviews conducted under paragraph (3) of section 702(l) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a(l)), as amended by paragraph (1) of this subsection, to–
    (A) the Attorney General;
    (B) the Director of National Intelligence; and
    (C) consistent with the Rules of the House of Representatives, the Standing Rules of the Senate, and Senate Resolution 400 of the 94th Congress or any successor Senate resolution–
    (i) the congressional intelligence committees; and
    (ii) the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives.
    (c) Annual Reviews- Section 702(l)(4)(A) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a(l)(4)(A)), as redesignated by subsection (b)(1), is amended–
    (1) in the matter preceding clause (i)–
    (A) in the first sentence–
    (i) by striking `conducting an acquisition authorized under subsection (a)’ and inserting `subject to targeting or minimization procedures approved under this section’; and
    (ii) by striking `the acquisition’ and inserting `acquisitions under subsection (a)’; and
    (B) in the second sentence, by striking `acquisitions’ and inserting `information obtained through an acquisition’; and
    (2) in clause (iii), by inserting `United States persons or’ after `later determined to be’.

TITLE IV–FOREIGN INTELLIGENCE SURVEILLANCE COURT REFORMS

SEC. 401. OFFICE OF THE SPECIAL ADVOCATE.

    (a) Establishment- The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is amended by adding at the end the following new title:

`TITLE IX–OFFICE OF THE SPECIAL ADVOCATE

`SEC. 901. DEFINITIONS.

    `In this title:
    `(1) DECISION- The term `decision’ means a decision, order, or opinion issued by the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review.
    `(2) FOREIGN INTELLIGENCE SURVEILLANCE COURT; COURT- The terms `Foreign Intelligence Surveillance Court’ and `Court’ mean the court established under section 103(a) and the petition review pool established under section 103(e).
    `(3) FOREIGN INTELLIGENCE SURVEILLANCE COURT OF REVIEW; COURT OF REVIEW- The terms `Foreign Intelligence Surveillance Court of Review’ and `Court of Review’ mean the court of review established under section 103(b).
    `(4) OFFICE- The term `Office’ means the Office of the Special Advocate established under section 902(a).
    `(5) SIGNIFICANT CONSTRUCTION OR INTERPRETATION OF LAW- The term `significant construction or interpretation of law’ means a significant construction or interpretation of a provision, as that term is construed under section 601(c).
    `(6) SPECIAL ADVOCATE- The term `Special Advocate’ means the Special Advocate appointed under section 902(b).

`SEC. 902. OFFICE OF THE SPECIAL ADVOCATE.

    `(a) Establishment- There is established within the judicial branch of the United States an Office of the Special Advocate.
    `(b) Special Advocate-
    `(1) IN GENERAL- The head of the Office is the Special Advocate.
    `(2) APPOINTMENT AND TERM-
    `(A) APPOINTMENT- The Chief Justice of the United States shall appoint the Special Advocate from the list of candidates submitted under subparagraph (B).
    `(B) LIST OF CANDIDATES- The Privacy and Civil Liberties Oversight Board shall submit to the Chief Justice a list of not less than 5 qualified candidates to serve as Special Advocate. The Board shall select candidates for such list whom the Board believes will be zealous and effective advocates in defense of civil liberties and consider with respect to each potential candidate–
    `(i) the litigation and other professional experience of such candidate;
    `(ii) the experience of such candidate in areas of law that the Special Advocate is likely to encounter in the course of the duties of the Special Advocate; and
    `(iii) the demonstrated commitment of such candidate to civil liberties.
    `(C) SECURITY CLEARANCE- An individual may be appointed Special Advocate without regard to whether the individual possesses a security clearance on the date of the appointment.
    `(D) TERM AND DISMISSAL- A Special Advocate shall be appointed for a term of 3 years and may be removed only for good cause shown, including the demonstrated inability to qualify for an adequate security clearance.
    `(E) REAPPOINTMENT- There shall be no limit to the number of consecutive terms served by a Special Advocate. The reappointment of a Special Advocate shall be made in the same manner as appointment of a Special Advocate.
    `(F) ACTING SPECIAL ADVOCATE- If the position of Special Advocate is vacant, the Chief Justice of the United States may appoint an Acting Special Advocate from among the qualified employees of the Office. If there are no such qualified employees, the Chief Justice may appoint an Acting Special Advocate from the most recent list of candidates provided by the Privacy and Civil Liberties Oversight Board pursuant to subparagraph (B). The Acting Special Advocate shall have all of the powers of a Special Advocate and shall serve until a Special Advocate is appointed.
    `(3) EMPLOYEES- The Special Advocate may appoint and terminate and fix the compensation of employees of the Office without regard to the provisions of title 5, United States Code, governing appointments in the competitive service.
    `(c) Duties and Authorities of the Special Advocate-
    `(1) IN GENERAL- The Special Advocate–
    `(A) may consider any request for consultation by a party who has been served with an order or directive issued under this Act requiring the party to provide information, facilities, or assistance to the Federal Government;
    `(B) may request to participate in a proceeding before the Foreign Intelligence Surveillance Court;
    `(C) shall participate in such proceeding if such request is granted;
    `(D) shall participate in a proceeding before the Court if appointed to participate by the Court under section 903(a);
    `(E) may request reconsideration of a decision of the Court under section 903(b);
    `(F) may appeal or seek review of a decision of the Court or the Foreign Intelligence Surveillance Court of Review under section 904; and
    `(G) shall participate in such appeal or review.
    `(2) ACCESS TO APPLICATIONS AND DECISIONS-
    `(A) APPLICATIONS- The Attorney General shall provide to the Special Advocate each application submitted to a judge of the Foreign Intelligence Surveillance Court under this Act at the same time as the Attorney General submits such applications.
    `(B) DECISIONS- The Foreign Intelligence Surveillance Court and the Foreign Intelligence Surveillance Court of Review shall provide to the Special Advocate access to each decision of the Court and the Court of Review, respectively, issued after the date of the enactment of the USA FREEDOM Act and all documents and other material relevant to such decision in complete, unredacted form.
    `(3) ADVOCACY- The Special Advocate shall vigorously advocate before the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review, as appropriate, in support of legal interpretations that protect individual privacy and civil liberties.
    `(4) OUTSIDE COUNSEL- The Special Advocate may delegate to a competent outside counsel who has or is able to obtain an appropriate security clearance any duty or responsibility of the Special Advocate set out in subparagraph (E) or (F) of paragraph (1) with respect to participation in a matter before the Court, the Court of Review, or the Supreme Court of the United States.
    `(5) AVAILABILITY OF DOCUMENTS AND MATERIAL- The Court or the Court of Review, as appropriate, shall order any agency, department, or entity to make available to the Special Advocate, or appropriate outside counsel if the Special Advocate has delegated duties or responsibilities to the outside counsel under paragraph (4), any documents or other material necessary to carry out the duties described in paragraph (1).
    `(d) Security Clearances- The appropriate departments, agencies, and elements of the Executive branch shall cooperate with the Office, to the extent possible under existing procedures and requirements, to expeditiously provide the Special Advocate, appropriate employees of the Office, and outside counsel to whom the Special Advocate delegates a duty or responsibility under subsection (c)(4) with the security clearances necessary to carry out the duties of the Special Advocate.

`SEC. 903. ADVOCACY BEFORE THE FOREIGN INTELLIGENCE SURVEILLANCE COURT.

    `(a) Appointment To Participate-
    `(1) IN GENERAL- The Foreign Intelligence Surveillance Court may appoint the Special Advocate to participate in a proceeding before the Court.
    `(2) STANDING- If the Special Advocate is appointed to participate in a Court proceeding pursuant to paragraph (1), the Special Advocate shall have standing as a party before the Court in that proceeding.
    `(b) Reconsideration of a Foreign Intelligence Surveillance Court Decision-
    `(1) AUTHORITY TO MOVE FOR RECONSIDERATION- The Special Advocate may move the Court to reconsider any decision of the Court made after the date of the enactment of the USA FREEDOM Act by petitioning the Court not later than 30 days after the date on which all documents and materials relevant to the decision are made available to the Special Advocate.
    `(2) DISCRETION OF THE COURT- The Court shall have discretion to grant or deny a motion for reconsideration made pursuant to paragraph (1).
    `(c) Amici Curiae Participation-
    `(1) MOTION BY THE SPECIAL ADVOCATE- The Special Advocate may file a motion with the Court to permit and facilitate participation of amici curiae, including participation in oral argument if appropriate, in any proceeding. The Court shall have the discretion to grant or deny such a motion.
    `(2) FACILITATION BY THE FOREIGN INTELLIGENCE SURVEILLANCE COURT- The Court may, sua sponte, permit and facilitate participation by amici curiae, including participation in oral argument if appropriate, in proceedings before the Court.
    `(3) REGULATIONS- Not later than 180 days after the date of the enactment of USA FREEDOM Act, the Court shall promulgate regulations to provide the public with information sufficient to allow interested parties to participate as amici curiae.

`SEC. 904. APPELLATE REVIEW.

    `(a) Appeal of Foreign Intelligence Surveillance Court Decisions-
    `(1) AUTHORITY TO APPEAL- The Special Advocate may appeal any decision of the Foreign Intelligence Surveillance Court issued after the date of the enactment of the USA FREEDOM Act not later than 90 days after the date on which the decision is issued.
    `(2) STANDING AS APPELLANT- If the Special Advocate appeals a decision of the Court pursuant to paragraph (1), the Special Advocate shall have standing as a party before the Foreign Intelligence Surveillance Court of Review in such appeal.
    `(3) MANDATORY REVIEW- The Court of Review shall review any Foreign Intelligence Surveillance Court decision appealed by the Special Advocate and issue a decision in such appeal, unless it would be apparent to all reasonable jurists that such decision is dictated by statute or by precedent.
    `(4) STANDARD OF REVIEW- The standard for a mandatory review of a Foreign Intelligence Surveillance Court decision pursuant to paragraph (3) shall be–
    `(A) de novo with respect to issues of law; and
    `(B) clearly erroneous with respect to determination of facts.
    `(5) AMICI CURIAE PARTICIPATION-
    `(A) IN GENERAL- The Court of Review shall accept amici curiae briefs from interested parties in all mandatory reviews pursuant to paragraph (3) and shall provide for amici curiae participation in oral argument if appropriate.
    `(B) REGULATIONS- Not later than 180 days after the date of the enactment of the USA FREEDOM Act, the Court of Review shall promulgate regulations to provide the public with information sufficient to allow interested parties to participate as amici curiae.
    `(b) Review of Foreign Intelligence Surveillance Court of Review Decisions-
    `(1) AUTHORITY- The Special Advocate may seek a writ of certiorari from the Supreme Court of the United States for review of any decision of the Foreign Intelligence Surveillance Court of Review.
    `(2) STANDING- In any proceedings before the Supreme Court of the United States relating to a petition of certiorari filed under paragraph (1) and any proceedings in a matter for which certiorari is granted, the Special Advocate shall have standing as a party.

`SEC. 905. DISCLOSURE.

    `(a) Requirement To Disclose- The Attorney General shall publicly disclose–
    `(1) all decisions issued by the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review after July 10, 2003, that include a significant construction or interpretation of law;
    `(2) any decision of the Court appealed by the Special Advocate pursuant to this title; and
    `(3) any Court of Review decision that is issued after an appeal by the Special Advocate.
    `(b) Disclosure Described- For each disclosure required by subsection (a) with respect to a decision, the Attorney General shall make available to the public documents sufficient–
    `(1) to identify with particularity each legal question addressed by the decision and how such question was resolved;
    `(2) to describe in general terms the context in which the matter arises;
    `(3) to describe the construction or interpretation of any statute, constitutional provision, or other legal authority relied on by the decision; and
    `(4) to indicate whether the decision departed from any prior decision of the Court or Court of Review.
    `(c) Documents Described- The Attorney General shall satisfy the disclosure requirements in subsection (b) by–
    `(1) releasing a Court or Court of Review decision in its entirety or as redacted;
    `(2) releasing a summary of a Court or Court of Review decision; or
    `(3) releasing an application made to the Court, briefs filed before the Court or the Court of Review, or other materials, in full or as redacted.
    `(d) Extensive Disclosure- The Attorney General shall release as much information regarding the facts and analysis contained in a decision described in subsection (a) or documents described in subsection (c) as is consistent with legitimate national security concerns.
    `(e) Timing of Disclosure-
    `(1) DECISIONS ISSUED PRIOR TO ENACTMENT- The Attorney General shall disclose a decision issued prior to the date of the enactment of the USA FREEDOM Act that is required to be disclosed under subsection (a)(1) not later than 180 days after the date of the enactment of such Act.
    `(2) FISA COURT DECISIONS- The Attorney General shall release Court decisions appealed by the Special Advocate not later than 30 days after the date on which the appeal is filed.
    `(3) FISA COURT OF REVIEW DECISIONS- The Attorney General shall release Court of Review decisions for which the Special Advocate seeks a writ of certiorari not later than 90 days after the date on which the petition is filed.
    `(f) Petition by the Special Advocate-
    `(1) AUTHORITY TO PETITION- The Special Advocate may petition the Court or the Court of Review to order–
    `(A) the public disclosure of a decision of the Court or Court of Review, and documents or other material relevant to such a decision, previously designated as classified information; or
    `(B) the release of an unclassified summary of such decisions and documents.
    `(2) CONTENTS OF PETITION- Each petition filed under paragraph (1) shall contain a detailed declassification proposal or a summary of the decision and documents that the Special Advocate proposes to have released publicly.
    `(3) ROLE OF THE ATTORNEY GENERAL-
    `(A) COPY OF PETITION- The Special Advocate shall provide to the Attorney General a copy of each petition filed under paragraph (1).
    `(B) OPPOSITION- The Attorney General may oppose a petition filed under paragraph (1) by submitting any objections in writing to the Court or the Court of Review, as appropriate, not later than 90 days after the date such petition was submitted.
    `(4) PUBLIC AVAILABILITY- Not less than 91 days after receiving a petition under paragraph (1), and taking into account any objections from the Attorney General made under paragraph (3)(B), the Court or the Court of Review, as appropriate, shall declassify and make readily available to the public any decision, document, or other material requested in such petition, to the greatest extent possible, consistent with legitimate national security considerations.
    `(5) EFFECTIVE DATE- The Special Advocate may not file a petition under paragraph (1) until 181 days after the date of the enactment of the USA FREEDOM Act, except with respect to a decision appealed by the Special Advocate.

`SEC. 906. ANNUAL REPORT TO CONGRESS.

    `(a) Requirement for Annual Report- The Special Advocate shall submit to Congress an annual report on the implementation of this title.
    `(b) Contents- Each annual report submitted under subsection (a) shall–
    `(1) detail the activities of the Office of the Special Advocate;
    `(2) provide an assessment of the effectiveness of this title; and
    `(3) propose any new legislation to improve the functioning of the Office or the operation of the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review that the Special Advocate considers appropriate.’.
    (b) Table of Contents Amendment- The table of contents in the first section of the Foreign Intelligence Surveillance Act of 1978, as amended by section 101(c)(2) of this Act, is further amended by adding at the end the following new items:

`TITLE IX–OFFICE OF THE SPECIAL ADVOCATE

    `Sec. 901. Definitions.
    `Sec. 902. Office of the Special Advocate.
    `Sec. 903. Advocacy before the Foreign Intelligence Surveillance Court.
    `Sec. 904. Appellate review.
    `Sec. 905. Disclosure.
    `Sec. 906. Annual report to Congress.’.

SEC. 402. FOREIGN INTELLIGENCE SURVEILLANCE COURT DISCLOSURE OF OPINIONS.

    Section 103 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803) is amended–
    (1) by redesignating subsections (g) and (h) as subsections (h) and (i), respectively; and
    (2) by inserting after subsection (f) the following new subsection:
    `(g)(1) A judge of the court established under subsection (a) who authored an order, opinion, or other decision may sua sponte or on motion by a party request that such order, opinion, or other decision be made publicly available.
    `(2) Upon a request under paragraph (1), the presiding judge of the court established under subsection (a), in consultation with the other judges of such court, may direct that such order, opinion, or other decision be made publicly available.
    `(3) Prior to making an order, opinion, or other decision of the court established under subsection (a) publicly available in accordance with this subsection, the presiding judge of such court may direct the Executive branch to review such order, opinion, or other decision and redact such order, opinion, or other decision as necessary to ensure that properly classified information is appropriately protected.’.

SEC. 403. PRESERVATION OF RIGHTS.

    Nothing in this title or an amendment made by this title shall be construed–
    (1) to provide the Attorney General with authority to prevent the FISA Court or FISA Court of Review from declassifying decisions or releasing information pursuant to this title or an amendment made by this title; and
    (2) to eliminate the public’s ability to secure information under section 552 of title 5, United States Code (commonly known as the `Freedom of Information Act’) or any other provision of law.

TITLE V–NATIONAL SECURITY LETTER REFORMS

SEC. 501. NATIONAL SECURITY LETTER AUTHORITY.

    (a) Counterintelligence Access to Telephone Toll and Transactional Records- Section 2709 of title 18, United States Code, is amended–
    (1) in subsection (b)–
    (A) by striking `may–‘ and all that follows through the period at the end and inserting the following: `may request the name, address, length of service, and local and long distance toll billing records of a person or entity if the Director (or his designee) certifies in writing to the wire or electronic communication service provider to which the request is made that–‘; and
    (B) by adding at the end the following new paragraphs:
    `(1) the name, address, length of service, and toll billing records sought are relevant and material to an authorized investigation to protect against international terrorism or clandestine intelligence activities, provided that such an investigation of a United States person is not conducted solely on the basis of activities protected by the First Amendment to the Constitution of the United States; and
    `(2) there are reasonable grounds to believe that the name, address, length of service, and toll billing records sought pertain to–
    `(A) a foreign power or agent of a foreign power;
    `(B) the activities of a suspected agent of a foreign power who is the subject of such authorized investigation; or
    `(C) an individual in contact with, or known to, a suspected agent of a foreign power.’; and
    (2) by adding at the end the following new subsection:
    `(g) For purposes of this subsection, the terms `agent of a foreign power’, `foreign power’, `international terrorism’, and `United States person’ have the same meanings as in section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801).’.
    (b) Access to Financial Records for Certain Intelligence and Protective Purposes- Section 1114 of the Right to Financial Privacy Act of 1978 (12 U.S.C. 3414) is amended to read as follows:

`SEC. 1114. ACCESS TO FINANCIAL RECORDS FOR CERTAIN INTELLIGENCE AND PROTECTIVE PURPOSES.

    `(a) Authorization-
    `(1) IN GENERAL- The Director of the Federal Bureau of Investigation, or a designee of the Director whose rank shall be no lower than Deputy Assistant Director at Bureau headquarters or Special Agent in Charge in a Bureau field office, may issue in writing and cause to be served on a financial institution, a request requiring the production of–
    `(A) the name of a customer of the financial institution;
    `(B) the address of a customer of the financial institution;
    `(C) the length of time during which a person has been, or was, a customer of the financial institution (including the start date) and the type of service provided by the financial institution to the customer; and
    `(D) any account number or other unique identifier associated with a customer of the financial institution.
    `(2) LIMITATION- A request issued under this subsection may not require the production of records or information not listed in paragraph (1).
    `(b) Requirements-
    `(1) IN GENERAL- A request issued under subsection (a) shall–
    `(A) be subject to the requirements of subsections (d) through (g) of section 2709 of title 18, United States Code, in the same manner and to the same extent as those provisions apply with respect to a request under section 2709(b) of title 18, United States Code, to a wire or electronic communication service provider; and
    `(B) include a statement of facts showing that there are reasonable grounds to believe that the records or other things sought–
    `(i) are relevant and material to an authorized investigation (other than a threat assessment and provided that such an investigation of a United States person is not conducted solely on the basis of activities protected by the First Amendment to the Constitution of the United States) to–
    `(I) obtain foreign intelligence information not concerning a United States person; or
    `(II) protect against international terrorism or clandestine intelligence activities; and
    `(ii) pertain to–
    `(I) a foreign power or an agent of a foreign power;
    `(II) the activities of a suspected agent of a foreign power who is the subject of such authorized investigation; or
    `(III) an individual in contact with, or known to, a suspected agent of a foreign power.
    `(2) DEFINITIONS- For purposes of this subsection, the terms `agent of a foreign power’, `foreign intelligence information’, `foreign power’, `international terrorism’, and `United States person’ have the same meanings as in section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801).
    `(c) Definition of Financial Institution- For purposes of this section (and sections 1115 and 1117, insofar as the sections relate to the operation of this section), the term `financial institution’ has the same meaning as in subsections (a)(2) and (c)(1) of section 5312 of title 31, United States Code, except that the term shall include only a financial institution any part of which is located inside any State or territory of the United States, the District of Columbia, Puerto Rico, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, or the United States Virgin Islands.’.
    (c) National Security Letter Authority for Certain Consumer Report Records-
    (1) IN GENERAL- Section 626 of the Fair Credit Reporting Act (15 U.S.C. 1681u) is amended–
    (A) by striking subsections (a) through (c) and inserting the following new subsections:
    `(a) Authorization-
    `(1) IN GENERAL- The Director of the Federal Bureau of Investigation, or a designee of the Director whose rank shall be no lower than Deputy Assistant Director at Bureau headquarters or Special Agent in Charge in a Bureau field office, may issue in writing and cause to be served on a consumer reporting agency a request requiring the production of–
    `(A) the name of a consumer;
    `(B) the current and former address of a consumer;
    `(C) the current and former places of employment of a consumer; and
    `(D) the name and address of any financial institution (as that term is defined in section 1101 of the Right to Financial Privacy Act of 1978 (12 U.S.C. 3401)) at which a consumer maintains or has maintained an account, to the extent that the information is in the files of the consumer reporting agency.
    `(2) LIMITATION- A request issued under this subsection may not require the production of a consumer report.
    `(b) Requirements-
    `(1) IN GENERAL- A request issued under subsection (a) shall–
    `(A) be subject to the requirements of subsections (d) through (g) of section 2709 of title 18, United States Code, in the same manner and to the same extent as those provisions apply with respect to a request under section 2709(b) of title 18, United States Code, to a wire or electronic communication service provider; and
    `(B) include a statement of facts showing that there are reasonable grounds to believe that the records or other things sought–
    `(i) are relevant and material to an authorized investigation (other than a threat assessment and provided that such an investigation of a United States person is not conducted solely on the basis of activities protected by the First Amendment to the Constitution of the United States) to–
    `(I) obtain foreign intelligence information not concerning a United States person; or
    `(II) protect against international terrorism or clandestine intelligence activities; and
    `(ii) pertain to–
    `(I) a foreign power or an agent of a foreign power;
    `(II) the activities of a suspected agent of a foreign power who is the subject of such authorized investigation; or
    `(III) an individual in contact with, or known to, a suspected agent of a foreign power.
    `(2) DEFINITIONS- In this subsection, the terms `agent of a foreign power’, `foreign intelligence information’, `foreign power’, `international terrorism’, and `United States person’ have the meaning given such terms in section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801).’;
    (B) by striking subsections (f) through (h); and
    (C) by redesignating subsections (d), (e), (i), (j), (k), (l), and (m) as subsections (c), (d), (e), (f), (g), (h), and (i), respectively.
    (2) REPEAL- Section 627 of the Fair Credit Reporting Act (15 U.S.C. 1681v) is repealed.

SEC. 502. LIMITATIONS ON DISCLOSURE OF NATIONAL SECURITY LETTERS.

    (a) Counterintelligence Access to Telephone Toll and Transactional Records- Section 2709 of title 18, United States Code, is amended by striking subsection (c) and inserting the following new subsection:
    `(c) Prohibition of Certain Disclosure-
    `(1) PROHIBITION-
    `(A) IN GENERAL- If a certification is issued under subparagraph (B) and notice of the right to judicial review under subsection (d) is provided, no wire or electronic communication service provider, or officer, employee, or agent thereof, that receives a request under subsection (b), shall disclose to any person that the Director of the Federal Bureau of Investigation has sought or obtained access to information or records under this section.
    `(B) CERTIFICATION- The requirements of subparagraph (A) shall apply if the Director of the Federal Bureau of Investigation, or a designee of the Director whose rank shall be no lower than Deputy Assistant Director at Bureau headquarters or a Special Agent in Charge of a Bureau field office, certifies that the absence of a prohibition of disclosure under this subsection may result in–
    `(i) endangering the life or physical safety of any person;
    `(ii) flight from investigation or prosecution;
    `(iii) destruction of or tampering with evidence;
    `(iv) intimidation of potential witnesses;
    `(v) interference with diplomatic relations;
    `(vi) alerting a target, an associate of a target, or the foreign power of which the target is an agent, of the interest of the Government in the target; or
    `(vii) otherwise seriously endangering the national security of the United States.
    `(2) EXCEPTION-
    `(A) IN GENERAL- A wire or electronic communication service provider, or officer, employee, or agent thereof, that receives a request under subsection (b) may disclose information otherwise subject to any applicable nondisclosure requirement to–
    `(i) those persons to whom disclosure is necessary in order to comply with the request;
    `(ii) an attorney in order to obtain legal advice or assistance regarding the request; or
    `(iii) other persons as permitted by the Director of the Federal Bureau of Investigation or the designee of the Director.
    `(B) APPLICATION- A person to whom disclosure is made under subparagraph (A) shall be subject to the nondisclosure requirements applicable to a person to whom a request is issued under subsection (b) in the same manner as the person to whom the request is issued.
    `(C) NOTICE- Any recipient that discloses to a person described in subparagraph (A) information otherwise subject to a nondisclosure requirement shall notify the person of the applicable nondisclosure requirement.
    `(D) IDENTIFICATION OF DISCLOSURE RECIPIENTS- At the request of the Director of the Federal Bureau of Investigation or the designee of the Director, any person making or intending to make a disclosure under clause (i) or (iii) of subparagraph (A) shall identify to the Director or such designee the person to whom such disclosure will be made or to whom such disclosure was made prior to the request.
    `(3) TERMINATION- In the case of any request for which a recipient has submitted a notification or filed a petition for judicial review under paragraph (3)(B), if the facts supporting a nondisclosure requirement cease to exist, an appropriate official of the Federal Bureau of Investigation shall promptly notify the wire or electronic service provider, or officer, employee, or agent thereof, subject to the nondisclosure requirement that the nondisclosure requirement is no longer in effect.’.
    (b) Access to Financial Records for Certain Intelligence and Protective Purposes- Section 1114 of the Right to Financial Privacy Act of 1978 (12 U.S.C. 3414), as amended by section 501(b) of this Act, is further amended–
    (1) by redesignating subsection (c) as subsection (d); and
    (2) by inserting after subsection (b) the following new subsection:
    `(c) Prohibition of Certain Disclosure-
    `(1) PROHIBITION-
    `(A) IN GENERAL- If a certification is issued under subparagraph (B) and notice of the right to judicial review under subsection (d) is provided, no financial institution, or officer, employee, or agent thereof, that receives a request under subsection (a) shall disclose to any person that the Federal Bureau of Investigation has sought or obtained access to information or records under subsection (a).
    `(B) CERTIFICATION- The requirements of subparagraph (A) shall apply if the Director of the Federal Bureau of Investigation, or a designee of the Director whose rank shall be no lower than Deputy Assistant Director at Bureau headquarters or a Special Agent in Charge of a Bureau field office, certifies that the absence of a prohibition of disclosure under this subsection may result in–
    `(i) endangering the life or physical safety of any person;
    `(ii) flight from investigation or prosecution;
    `(iii) destruction of or tampering with evidence;
    `(iv) intimidation of potential witnesses;
    `(v) interference with diplomatic relations;
    `(vi) alerting a target, an associate of a target, or the foreign power of which the target is an agent, of the interest of the Government in the target; or
    `(vii) otherwise seriously endangering the national security of the United States.
    `(2) EXCEPTION-
    `(A) IN GENERAL- A financial institution, or officer, employee, or agent thereof, that receives a request under subsection (a) may disclose information otherwise subject to any applicable nondisclosure requirement to–
    `(i) those persons to whom disclosure is necessary in order to comply with the request;
    `(ii) an attorney in order to obtain legal advice or assistance regarding the request; or
    `(iii) other persons as permitted by the Director of the Federal Bureau of Investigation or the designee of the Director.
    `(B) APPLICATION- A person to whom disclosure is made under subparagraph (A) shall be subject to the nondisclosure requirements applicable to a person to whom a request is issued under subsection (a) in the same manner as the person to whom the request is issued.
    `(C) NOTICE- Any recipient that discloses to a person described in subparagraph (A) information otherwise subject to a nondisclosure requirement shall inform the person of the applicable nondisclosure requirement.
    `(D) IDENTIFICATION OF DISCLOSURE RECIPIENTS- At the request of the Director of the Federal Bureau of Investigation or the designee of the Director, any person making or intending to make a disclosure under clause (i) or (iii) of subparagraph (A) shall identify to the Director or such designee the person to whom such disclosure will be made or to whom such disclosure was made prior to the request.
    `(3) TERMINATION- In the case of any request for which a financial institution has submitted a notification or filed a petition for judicial review under paragraph (3)(B), if the facts supporting a nondisclosure requirement cease to exist, an appropriate official of the Federal Bureau of Investigation shall promptly notify the financial institution, or officer, employee, or agent thereof, subject to the nondisclosure requirement that the nondisclosure requirement is no longer in effect.’.
    (c) Identity of Financial Institutions and Credit Reports- Section 626 of the Fair Credit Reporting Act (15 U.S.C. 1681u), as amended by section 501(c) of this Act, is further amended by striking subsection (c) (as redesignated by section 501(c)(1)(D) of this Act) and inserting the following new subsection:
    `(c) Prohibition of Certain Disclosure-
    `(1) PROHIBITION-
    `(A) IN GENERAL- If a certification is issued under subparagraph (B) and notice of the right to judicial review under subsection (d) is provided, no consumer reporting agency, or officer, employee, or agent thereof, that receives a request under subsection (a) shall disclose or specify in any consumer report, that the Federal Bureau of Investigation has sought or obtained access to information or records under subsection (a) or (b).
    `(B) CERTIFICATION- The requirements of subparagraph (A) shall apply if the Director of the Federal Bureau of Investigation, or a designee of the Director whose rank shall be no lower than Deputy Assistant Director at Bureau headquarters or a Special Agent in Charge of a Bureau field office, certifies that the absence of a prohibition of disclosure under this subsection may result in–
    `(i) endangering the life or physical safety of any person;
    `(ii) flight from investigation or prosecution;
    `(iii) destruction of or tampering with evidence;
    `(iv) intimidation of potential witnesses;
    `(v) interference with diplomatic relations;
    `(vi) alerting a target, an associate of a target, or the foreign power of which the target is an agent, of the interest of the Government in the target; or
    `(vii) otherwise seriously endangering the national security of the United States.
    `(2) EXCEPTION-
    `(A) IN GENERAL- A consumer reporting agency, or officer, employee, or agent thereof, that receives a request under subsection (a) may disclose information otherwise subject to any applicable nondisclosure requirement to–
    `(i) those persons to whom disclosure is necessary in order to comply with the request;
    `(ii) an attorney in order to obtain legal advice or assistance regarding the request; or
    `(iii) other persons as permitted by the Director of the Federal Bureau of Investigation or the designee of the Director.
    `(B) APPLICATION- A person to whom disclosure is made under subparagraph (A) shall be subject to the nondisclosure requirements applicable to a person to whom a request is issued under subsection (a) or (b) in the same manner as the person to whom the request is issued.
    `(C) NOTICE- Any recipient that discloses to a person described in subparagraph (A) information otherwise subject to a nondisclosure requirement shall inform the person of the applicable nondisclosure requirement.
    `(D) IDENTIFICATION OF DISCLOSURE RECIPIENTS- At the request of the Director of the Federal Bureau of Investigation or the designee of the Director, any person making or intending to make a disclosure under clause (i) or (iii) of subparagraph (A) shall identify to the Director or such designee the person to whom such disclosure will be made or to whom such disclosure was made prior to the request.
    `(3) TERMINATION- In the case of any request for which a consumer reporting agency has submitted a notification or filed a petition for judicial review under paragraph (3)(B), if the facts supporting a nondisclosure requirement cease to exist, an appropriate official of the Federal Bureau of Investigation shall promptly notify the consumer reporting agency, or officer, employee, or agent thereof, subject to the nondisclosure requirement that the nondisclosure requirement is no longer in effect.’.
    (d) Investigations of Persons With Access to Classified Information- Section 802 of the National Security Act of 1947 (50 U.S.C. 3162) is amended by striking subsection (b) and inserting the following new subsection:
    `(b) Prohibition of Certain Disclosure-
    `(1) PROHIBITION-
    `(A) IN GENERAL- If a certification is issued under subparagraph (B) and notice of the right to judicial review under subsection (c) is provided, no governmental or private entity, or officer, employee, or agent thereof, that receives a request under subsection (a), shall disclose to any person that an authorized investigative agency described in subsection (a) has sought or obtained access to information under subsection (a).
    `(B) CERTIFICATION- The requirements of subparagraph (A) shall apply if the head of an authorized investigative agency described in subsection (a), or a designee, certifies that the absence of a prohibition of disclosure under this subsection may result in–
    `(i) endangering the life or physical safety of any person;
    `(ii) flight from investigation or prosecution;
    `(iii) destruction of or tampering with evidence;
    `(iv) intimidation of potential witnesses;
    `(v) interference with diplomatic relations;
    `(vi) alerting a target, an associate of a target, or the foreign power of which the target is an agent, of the interest of the Government in the target; or
    `(vii) otherwise seriously endangering the national security of the United States.
    `(2) EXCEPTION-
    `(A) IN GENERAL- A governmental or private entity, or officer, employee, or agent thereof, that receives a request under subsection (a) may disclose information otherwise subject to any applicable nondisclosure requirement to–
    `(i) those persons to whom disclosure is necessary in order to comply with the request;
    `(ii) an attorney in order to obtain legal advice or assistance regarding the request; or
    `(iii) other persons as permitted by the head of the authorized investigative agency described in subsection (a).
    `(B) APPLICATION- A person to whom disclosure is made under subparagraph (A) shall be subject to the nondisclosure requirements applicable to a person to whom a request is issued under subsection (a) in the same manner as the person to whom the request is issued.
    `(C) NOTICE- Any recipient that discloses to a person described in subparagraph (A) information otherwise subject to a nondisclosure requirement shall inform the person of the applicable nondisclosure requirement.
    `(D) IDENTIFICATION OF DISCLOSURE RECIPIENTS- At the request of the head of an authorized investigative agency described in subsection (a), or a designee, any person making or intending to make a disclosure under clause (i) or (iii) of subparagraph (A) shall identify to the head of the authorized investigative agency or such designee the person to whom such disclosure will be made or to whom such disclosure was made prior to the request.
    `(3) TERMINATION- In the case of any request for which a governmental or private entity has submitted a notification or filed a petition for judicial review under paragraph (3)(B), if the facts supporting a nondisclosure requirement cease to exist, an appropriate official of the authorized investigative agency described in subsection (a) shall promptly notify the governmental or private entity, or officer, employee, or agent thereof, subject to the nondisclosure requirement that the nondisclosure requirement is no longer in effect.’.
    (e) Judicial Review- Section 3511 of title 18, United States Code, is amended by striking subsection (b) and inserting the following new subsection:
    `(b) Nondisclosure-
    `(1) IN GENERAL-
    `(A) NOTICE- If a recipient of a request for a report, records, or other information under section 2709 of this title, section 626 of the Fair Credit Reporting Act (15 U.S.C. 1681u), section 1114 of the Right to Financial Privacy Act of 1978 (12 U.S.C. 3414), or section 802 of the National Security Act of 1947 (50 U.S.C. 3162), wishes to have a court review a nondisclosure requirement imposed in connection with the request, the recipient may notify the Government or file a petition for judicial review in any court described in subsection (a).
    `(B) APPLICATION- Not later than 30 days after the date of receipt of a notification under subparagraph (A), the Government shall apply for an order prohibiting the disclosure of the existence or contents of the relevant request. An application under this subparagraph may be filed in the district court of the United States for the judicial district in which the recipient of the order is doing business or in the district court of the United States for any judicial district within which the authorized investigation that is the basis for the request is being conducted. The applicable nondisclosure requirement shall remain in effect during the pendency of proceedings relating to the requirement.
    `(C) CONSIDERATION- A district court of the United States that receives a petition under subparagraph (A) or an applicatio