USA PATRIOT Act/Title II

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USA PATRIOT Act
Title II - Enhanced Surveillance Procedures
See also the Detailed breakdown of the USA PATRIOT Act, Title II on Wikipedia. The following is the original Title II of the Patriot Act.

TITLE II — ENHANCED SURVEILLANCE PROCEDURES

Contents

Sec. 201. Authority to Intercept Wire, Oral, and Electronic Communications Relating to Terrorism.[edit]

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.[edit]

Section 2516(1)(c) of title 18, United States Code, is amended by striking ``and section 1341 (relating to mail fraud),´´ and inserting ``section 1341 (relating to mail fraud), a felony violation of section 1030 (relating to computer fraud and abuse),´´.

Sec. 203. Authority to Share Criminal Investigative Information.[edit]

(a) AUTHORITY TO SHARE GRAND JURY INFORMATION.—
(1) IN GENERAL.—
Rule 6(e)(3)(C) of the Federal Rules of Criminal Procedure is amended to read as follows:


``(C)(i) Disclosure otherwise prohibited by this rule of matters occurring before the grand jury may also be made—
``(I) when so directed by a court preliminarily to or in connection with a judicial proceeding;
``(II) when permitted by a court at the request of the defendant, upon a showing that grounds may exist for a motion to dismiss the indictment because of matters occurring before the grand jury;
``(III) when the disclosure is made by an attorney for the government to another Federal grand jury;
``(IV) when permitted by a court at the request of an attorney for the government, upon a showing that such matters may disclose a violation of State criminal law, to an appropriate official of a State or subdivision of a State for the purpose of enforcing such law; or
``(V) when the matters involve foreign intelligence or counterintelligence (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 401a)), or foreign intelligence information (as defined in clause (iv) of this subparagraph), to any Federal law enforcement, intelligence, protective, immigration, national defense, or national security official in order to assist the official receiving that information in the performance of his official duties.
``(ii) If the court orders disclosure of matters occurring before the grand jury, the disclosure shall be made in such manner, at such time, and under such conditions as the court may direct.
``(iii) Any Federal official to whom information is disclosed pursuant to clause (i)(V) of this subparagraph may use that information only as necessary in the conduct of that person's official duties subject to any limitations on the unauthorized disclosure of such information. Within a reasonable time after such disclosure, an attorney for the government shall file under seal a notice with the court stating the fact that such information was disclosed and the departments, agencies, or entities to which the disclosure was made.
``(iv) In clause (i)(V) of this subparagraph, the term ``foreign intelligence information´´ means—
``(I) information, whether or not concerning a United States person, that relates to the ability of the United States to protect against—
``(aa) actual or potential attack or other grave hostile acts of a foreign power or an agent of a foreign power;
``(bb) sabotage or international terrorism by a foreign power or an agent of a foreign power; or
``(cc) clandestine intelligence activities by an intelligence service or network of a foreign power or by an agent of foreign power; or
``(II) information, whether or not concerning a United States person, with respect to a foreign power or foreign territory that relates to—
``(aa) the national defense or the security of the United States; or
``(bb) the conduct of the foreign affairs of the United States.´´.


(2) CONFORMING AMENDMENT.—
Rule 6(e)(3)(D) of the Federal Rules of Criminal Procedure is amended by striking ``(e)(3)(C)(i)´´ and inserting ``(e)(3)(C)(i)(I)´´.
(b) AUTHORITY TO SHARE ELECTRONIC, WIRE, AND ORAL INTERCEPTION INFORMATION.—
(1) LAW ENFORCEMENT.—
Section 2517 of title 18, United States Code, is amended by inserting at the end the following:


``(6) Any investigative or law enforcement officer, or attorney for the Government, who by any means authorized by this chapter, has obtained knowledge of the contents of any wire, oral, or electronic communication, or evidence derived therefrom, may disclose such contents to any other Federal law enforcement, intelligence, protective, immigration, national defense, or national security official to the extent that such contents include foreign intelligence or counterintelligence (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 401a)), or foreign intelligence information (as defined in subsection (19) of section 2510 of this title), to assist the official who is to receive that information in the performance of his official duties. Any Federal official who receives information pursuant to this provision may use that information only as necessary in the conduct of that person's official duties subject to any limitations on the unauthorized disclosure of such information.´´.


(2) DEFINITION.—
Section 2510 of title 18, United States Code, is amended by—
(A) in paragraph (17), by striking ``and´´ after the semicolon;
(B) in paragraph (18), by striking the period and inserting ``; and´´; and
(C) by inserting at the end the following:


``(19) ``foreign intelligence information´´ means—
``(A) information, whether or not concerning a United States person, that relates to the ability of the United States to protect against—
``(i) actual or potential attack or other grave hostile acts of a foreign power or an agent of a foreign power;
``(ii) sabotage or international terrorism by a foreign power or an agent of a foreign power; or
``(iii) clandestine intelligence activities by an intelligence service or network of a foreign power or by an agent of a foreign power; or
``(B) information, whether or not concerning a United States person, with respect to a foreign power or foreign territory that relates to—
``(i) the national defense or the security of the United States; or
``(ii) the conduct of the foreign affairs of the United States.´´.


(c) PROCEDURES.—
The Attorney General shall establish procedures for the disclosure of information pursuant to section 2517(6) and Rule 6(e)(3)(C)(i)(V) of the Federal Rules of Criminal Procedure that identifies a United States person, as defined in section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801)).
(d) FOREIGN INTELLIGENCE INFORMATION.—
(1) IN GENERAL.—
Notwithstanding any other provision of law, it shall be lawful for foreign intelligence or counterintelligence (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 401a)) or foreign intelligence information obtained as part of a criminal investigation to be disclosed to any Federal law enforcement, intelligence, protective, immigration, national defense, or national security official in order to assist the official receiving that information in the performance of his official duties. Any Federal official who receives information pursuant to this provision may use that information only as necessary in the conduct of that person's official duties subject to any limitations on the unauthorized disclosure of such information.
(2) DEFINITION.—
In this subsection, the term ``foreign intelligence information´´ means—
(A) information, whether or not concerning a United States person, that relates to the ability of the United States to protect against—
(i) actual or potential attack or other grave hostile acts of a foreign power or an agent of a foreign power;
(ii) sabotage or international terrorism by a foreign power or an agent of a foreign power; or
(iii) clandestine intelligence activities by an intelligence service or network of a foreign power or by an agent of a foreign power; or
(B) information, whether or not concerning a United States person, with respect to a foreign power or foreign territory that relates to—
(i) the national defense or the security of the United States; or
(ii) the conduct of the foreign affairs of the United States.

Sec. 204. Clarification of Intelligence Exceptions from Limitations on Interception and Disclosure of Wire, Oral, and Electronic Communications.[edit]

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.[edit]

(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.[edit]

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.[edit]

(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.[edit]

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.[edit]

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.[edit]

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.[edit]

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.[edit]

(a) DISCLOSURE OF CONTENTS.—
(1) IN GENERAL.—
Section 2702 of title 18, United States Code, is amended—
(A) by striking the section heading and inserting the following:


``Sec. 2702. Voluntary Disclosure of Customer Communications or Records´´;


(B) in subsection (a)—
(i) in paragraph (2)(A), by striking ``and´´ at the end;
(ii) in paragraph (2)(B), by striking the period and inserting ``; and´´; and
(iii) by inserting after paragraph (2) the following:


``(3) a provider of remote computing service or electronic communication service to the public shall not knowingly divulge a record or other information pertaining to a subscriber to or customer of such service (not including the contents of communications covered by paragraph (1) or (2)) to any governmental entity.´´;


(C) in subsection (b), by striking ``EXCEPTIONS.— A person or entity´´ and inserting ``EXCEPTIONS FOR DISCLOSURE OF COMMUNICATIONS.— A provider described in subsection (a)´´;
(D) in subsection (b)(6)—
(i) in subparagraph (A)(ii), by striking ``or´´;
(ii) in subparagraph (B), by striking the period and inserting ``; or´´; and
(iii) by adding after subparagraph (B) the following:


``(C) if the provider reasonably believes that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of the information without delay.´´; and


(E) by inserting after subsection (b) the following:


``(c) EXCEPTIONS FOR DISCLOSURE OF CUSTOMER RECORDS.— A provider described in subsection (a) may divulge a record or other information pertaining to a subscriber to or customer of such service (not including the contents of communications covered by subsection (a)(1) or (a)(2))—
``(1) as otherwise authorized in section 2703;
``(2) with the lawful consent of the customer or subscriber;
``(3) as may be necessarily incident to the rendition of the service or to the protection of the rights or property of the provider of that service;
``(4) to a governmental entity, if the provider reasonably believes that an emergency involving immediate danger of death or serious physical injury to any person justifies disclosure of the information; or
``(5) to any person other than a governmental entity.´´.


(2) TECHNICAL AND CONFORMING AMENDMENT.—
The table of sections for chapter 121 of title 18, United States Code, is amended by striking the item relating to section 2702 and inserting the following:


``2702. Voluntary Disclosure of Customer Communications or Records.´´.


(b) REQUIREMENTS FOR GOVERNMENT ACCESS.—
(1) IN GENERAL.—
Section 2703 of title 18, United States Code, is amended—
(A) by striking the section heading and inserting the following:


``Sec. 2703. Required Disclosure of Customer Communications or Records´´;


(B) in subsection (c) by redesignating paragraph (2) as paragraph (3);
(C) in subsection (c)(1)—
(i) by striking ``(A) Except as provided in subparagraph (B), a provider of electronic communication service or remote computing service may´´ and inserting ``A governmental entity may require a provider of electronic communication service or remote computing service to´´;
(ii) by striking ``covered by subsection (a) or (b) of this section) to any person other than a governmental entity.


``(B) A provider of electronic communication service or remote computing service shall disclose a record or other information pertaining to a subscriber to or customer of such service (not including the contents of communications covered by subsection (a) or (b) of this section) to a governmental entity´´ and inserting ``)´´;


(iii) by redesignating subparagraph (C) as paragraph (2);
(iv) by redesignating clauses (i), (ii), (iii), and (iv) as subparagraphs (A), (B), (C), and (D), respectively;
(v) in subparagraph (D) (as redesignated) by striking the period and inserting ``; or´´; and
(vi) by inserting after subparagraph (D) (as redesignated) the following:


``(E) seeks information under paragraph (2).´´; and


(D) in paragraph (2) (as redesignated) by striking ``subparagraph (B)´´ and insert ``paragraph (1)´´.
(2) TECHNICAL AND CONFORMING AMENDMENT.—
The table of sections for chapter 121 of title 18, United States Code, is amended by striking the item relating to section 2703 and inserting the following:


``2703. Required Disclosure of Customer Communications or Records.´´.


Sec. 213. Authority for Delaying Notice of the Execution of a Warrant.[edit]

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.[edit]

(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.[edit]

Title V of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861 et seq.) is amended by striking sections 501 through 503 and inserting the following:


``SEC. 501. ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN INTELLIGENCE AND INTERNATIONAL TERRORISM INVESTIGATIONS.
``(a)(1) The Director of the Federal Bureau of Investigation or a designee of the Director (whose rank shall be no lower than Assistant Special Agent in Charge) may make an application for an order requiring the production of any tangible things (including books, records, papers, documents, and other items) for an investigation to protect against international terrorism or clandestine intelligence activities, provided that such investigation of a United States person is not conducted solely upon the basis of activities protected by the first amendment to the Constitution.
``(2) An investigation conducted under this section shall—
``(A) be conducted under guidelines approved by the Attorney General under Executive Order 12333 (or a successor order); and
``(B) not be conducted of a United States person solely upon the basis of activities protected by the first amendment to the Constitution of the United States.
``(b) Each application under this section—
``(1) shall be made to—
``(A) a judge of the court established by section 103(a); or
``(B) a United States Magistrate Judge under chapter 43 of title 28, United States Code, who is publicly designated by the Chief Justice of the United States to have the power to hear applications and grant orders for the production of tangible things under this section on behalf of a judge of that court; and
``(2) shall specify that the records concerned are sought for an authorized investigation conducted in accordance with subsection (a)(2) to 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.[edit]

(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.[edit]

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.[edit]

Sections 104(a)(7)(B) and section 303(a)(7)(B) (50 U.S.C. 1804(a)(7)(B) and 1823(a)(7)(B)) of the Foreign Intelligence Surveillance Act of 1978 are each amended by striking ``the purpose´´ and inserting ``a significant purpose´´.

Sec. 219. Single-Jurisdiction Search Warrants for Terrorism.[edit]

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.[edit]

(a) IN GENERAL.—
Chapter 121 of title 18, United States Code, is amended—
(1) in section 2703, by striking ``under the Federal Rules of Criminal Procedure´´ every place it appears and inserting ``using the procedures described in the Federal Rules of Criminal Procedure by a court with jurisdiction over the offense under investigation´´; and
(2) in section 2711—
(A) in paragraph (1), by striking ``and´´;
(B) in paragraph (2), by striking the period and inserting ``; and´´; and
(C) by inserting at the end the following:


``(3) the term ``court of competent jurisdiction´´ has the meaning assigned by section 3127, and includes any Federal court within that definition, without geographic limitation.´´.


(b) CONFORMING AMENDMENT.—
Section 2703(d) of title 18, United States Code, is amended by striking ``described in section 3127(2)(A)´´.

Sec. 221. Trade Sanctions.[edit]

(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.[edit]

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.[edit]

(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:


``Sec. 2712. Civil Actions Against the United States

``(a) IN GENERAL.— Any person who is aggrieved by any willful violation of this chapter or of chapter 119 of this title or of sections 106(a), 305(a), or 405(a) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) may commence an action in United States District Court against the United States to recover money damages. In any such action, if a person who is aggrieved successfully establishes such a violation of this chapter or of chapter 119 of this title or of the above specific provisions of title 50, the Court may assess as damages—
``(1) actual damages, but not less than $10,000, whichever amount is greater; and
``(2) litigation costs, reasonably incurred.
``(b) PROCEDURES.— (1) Any action against the United States under this section may be commenced only after a claim is presented to the appropriate department or agency under the procedures of the Federal Tort Claims Act, as set forth in title 28, United States Code.
``(2) Any action against the United States under this section shall be forever barred unless it is presented in writing to the appropriate Federal agency within 2 years after such claim accrues or unless action is begun within 6 months after the date of mailing, by certified or registered mail, of notice of final denial of the claim by the agency to which it was presented. The claim shall accrue on the date upon which the claimant first has a reasonable opportunity to discover the violation.
``(3) Any action under this section shall be tried to the court without a jury.
``(4) Notwithstanding any other provision of law, the procedures set forth in section 106(f), 305(g), or 405(f) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) shall be the exclusive means by which materials governed by those sections may be reviewed.
``(5) An amount equal to any award against the United States under this section shall be reimbursed by the department or agency concerned to the fund described in section 1304 of title 31, United States Code, out of any appropriation, fund, or other account (excluding any part of such appropriation, fund, or account that is available for the enforcement of any Federal law) that is available for the operating expenses of the department or agency concerned.
``(c) ADMINISTRATIVE DISCIPLINE.— If a court or appropriate department or agency determines that the United States or any of its departments or agencies has violated any provision of this chapter, and the court or appropriate department or agency finds that the circumstances surrounding the violation raise serious questions about whether or not an officer or employee of the United States acted willfully or intentionally with respect to the 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.[edit]

(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.[edit]

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.´´.