II
107TH CONGRESS
1ST SESSION
H. R. 3162
IN THE SENATE OF THE UNITED STATES
OCTOBER 24, 2001
Received
AN ACT
To deter and punish terrorist acts in the United States
and around the world, to enhance law enforcement inves-
tigatory tools, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Uniting and Strengthening America by Providing Appro-
priate Tools Required to Intercept and Obstruct Ter-
rorism (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 Mus-
lim Americans.
Sec. 103. Increased funding for the technical support center at the Federal Bu-
reau of Investigation.
Sec. 104. Requests for military assistance to enforce prohibition in certain
emergencies.
Sec. 105. Expansion of National Electronic Crime Task Force Initiative.
Sec. 106. Presidential authority.
TITLE II—ENHANCED SURVEILLANCE PROCEDURES
Sec. 201. Authority to intercept wire, oral, and electronic communications relat-
ing to terrorism.
Sec. 202. Authority to intercept wire, oral, and electronic communications relat-
ing to computer fraud and abuse offenses.
Sec. 203. Authority to share criminal investigative information.
Sec. 204. Clarification of intelligence exceptions from limitations on intercep-
tion and disclosure of wire, oral, and electronic communica-
tions.
Sec. 205. Employment of translators by the Federal Bureau of Investigation.
Sec. 206. Roving surveillance authority under the Foreign Intelligence Surveil-
lance 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 Sur-
veillance Act.
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Sec. 216. Modification of authorities relating to use of pen registers and trap
and trace devices.
Sec. 217. Interception of computer trespasser communications.
Sec. 218. Foreign intelligence information.
Sec. 219. Single-jurisdiction search warrants for terrorism.
Sec. 220. Nationwide service of search warrants for electronic evidence.
Sec. 221. Trade sanctions.
Sec. 222. Assistance to law enforcement agencies.
Sec. 223. Civil liability for certain unauthorized disclosures.
Sec. 224. Sunset.
Sec. 225. Immunity for compliance with FISA wiretap.
TITLE III—INTERNATIONAL MONEY LAUNDERING ABATEMENT
AND ANTI-TERRORIST FINANCING ACT OF 2001
Sec. 301. Short title.
Sec. 302. Findings and purposes.
Sec. 303. 4-year congressional review; expedited consideration.
Subtitle A—International Counter Money Laundering and Related Measures
Sec. 311. Special measures for jurisdictions, financial institutions, or inter-
national transactions of primary money laundering concern.
Sec. 312. Special due diligence for correspondent accounts and private banking
accounts.
Sec. 313. Prohibition on United States correspondent accounts with foreign
shell banks.
Sec. 314. Cooperative efforts to deter money laundering.
Sec. 315. Inclusion of foreign corruption offenses as money laundering crimes.
Sec. 316. Anti-terrorist forfeiture protection.
Sec. 317. Long-arm jurisdiction over foreign money launderers.
Sec. 318. Laundering money through a foreign bank.
Sec. 319. Forfeiture of funds in United States interbank accounts.
Sec. 320. Proceeds of foreign crimes.
Sec. 321. Financial institutions specified in subchapter II of chapter 53 of title
31, United States code.
Sec. 322. Corporation represented by a fugitive.
Sec. 323. Enforcement of foreign judgments.
Sec. 324. Report and recommendation.
Sec. 325. Concentration accounts at financial institutions.
Sec. 326. Verification of identification.
Sec. 327. Consideration of anti-money laundering record.
Sec. 328. International cooperation on identification of originators of wire
transfers.
Sec. 329. Criminal penalties.
Sec. 330. International cooperation in investigations of money laundering, fi-
nancial crimes, and the finances of terrorist groups.
Subtitle B—Bank Secrecy Act Amendments and Related Improvements
Sec. 351. Amendments relating to reporting of suspicious activities.
Sec. 352. Anti-money laundering programs.
Sec. 353. Penalties for violations of geographic targeting orders and certain
recordkeeping requirements, and lengthening effective period of
geographic targeting orders.
Sec. 354. Anti-money laundering strategy.
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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 preven-
tion, investigation, rescue, or recovery efforts related to a ter-
rorist attack.
Sec. 612. Technical correction with respect to expedited payments for heroic
public safety officers.
Sec. 613. Public safety officers benefit program payment increase.
Sec. 614. Office of Justice programs.
Subtitle B—Amendments to the Victims of Crime Act of 1984
Sec. 621. Crime victims fund.
Sec. 622. Crime victim compensation.
Sec. 623. Crime victim assistance.
Sec. 624. Victims of terrorism.
TITLE VII—INCREASED INFORMATION SHARING FOR CRITICAL
INFRASTRUCTURE PROTECTION
Sec. 711. Expansion of regional information sharing system to facilitate Fed-
eral-State-local law enforcement response related to terrorist
attacks.
TITLE VIII—STRENGTHENING THE CRIMINAL LAWS AGAINST
TERRORISM
Sec. 801. Terrorist attacks and other acts of violence against mass transpor-
tation 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.
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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
intelligence collected under Foreign Intelligence Surveillance
Act of 1978.
Sec. 902. Inclusion of international terrorist activities within scope of foreign
intelligence under National Security Act of 1947.
Sec. 903. Sense of Congress on the establishment and maintenance of intel-
ligence relationships to acquire information on terrorists and
terrorist organizations.
Sec. 904. Temporary authority to defer submittal to Congress of reports on in-
telligence and intelligence-related matters.
Sec. 905. Disclosure to Director of Central Intelligence of foreign intelligence-
related information with respect to criminal investigations.
Sec. 906. Foreign terrorist asset tracking center.
Sec. 907. National Virtual Translation Center.
Sec. 908. Training of government officials regarding identification and use of
foreign intelligence.
TITLE X—MISCELLANEOUS
Sec. 1001. Review of the department of justice.
Sec. 1002. Sense of congress.
Sec. 1003. Definition of ‘‘electronic surveillance’’.
Sec. 1004. Venue in money laundering cases.
Sec. 1005. First responders assistance act.
Sec. 1006. Inadmissibility of aliens engaged in money laundering.
Sec. 1007. Authorization of funds for dea police training in south and central
asia.
Sec. 1008. Feasibility study on use of biometric identifier scanning system with
access to the fbi integrated automated fingerprint identification
system at overseas consular posts and points of entry to the
United States.
Sec. 1009. Study of access.
Sec. 1010. Temporary authority to contract with local and State governments
for performance of security functions at United States military
installations.
Sec. 1011. Crimes against charitable americans.
Sec. 1012. Limitation on issuance of hazmat licenses.
Sec. 1013. Expressing the sense of the senate concerning the provision of fund-
ing 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.
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SEC. 2. CONSTRUCTION; SEVERABILITY.
Any provision of this Act held to be invalid or unen-
forceable by its terms, or as applied to any person or cir-
cumstance, shall be construed so as to give it the max-
imum 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 appli-
cation of such provision to other persons not similarly situ-
ated or to other, dissimilar circumstances.
TITLE I—ENHANCING DOMESTIC
SECURITY AGAINST TERRORISM
SEC. 101. COUNTERTERRORISM FUND.
(a) ESTABLISHMENT; AVAILABILITY.—There is here-
by established in the Treasury of the United States a sepa-
rate 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 capa-
bility of an office or facility that has been dam-
aged or destroyed as the result of any domestic
or international terrorism incident;
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(B) providing support to counter, inves-
tigate, or prosecute domestic or international
terrorism, including, without limitation, paying
rewards in connection with these activities; and
(C) conducting terrorism threat assess-
ments 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 indi-
viduals accused of acts of terrorism that violate the
laws of the United States.
(b) NO EFFECT ON PRIOR APPROPRIATIONS.—Sub-
section (a) shall not be construed to affect the amount
or 
availability 
of 
any 
appropriation 
to 
the
Counterterrorism Fund made before the date of the enact-
ment of this Act.
SEC. 102. SENSE OF CONGRESS CONDEMNING DISCRIMINA-
TION AGAINST ARAB AND MUSLIM AMERI-
CANS.
(a) FINDINGS.—Congress makes the following find-
ings:
(1) Arab Americans, Muslim Americans, and
Americans from South Asia play a vital role in our
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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 Sep-
tember 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 vio-
lence 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 chang-
ing the way they dress to avoid becoming targets.
(6) Many Arab Americans and Muslim Ameri-
cans 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.
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(b) SENSE OF CONGRESS.—It is the sense of Con-
gress 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 SUP-
PORT CENTER AT THE FEDERAL BUREAU OF
INVESTIGATION.
There are authorized to be appropriated for the Tech-
nical 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 ac-
tivities 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.
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SEC. 104. REQUESTS FOR MILITARY ASSISTANCE TO EN-
FORCE PROHIBITION IN CERTAIN EMER-
GENCIES.
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 net-
work 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, in-
cluding potential terrorist attacks against critical infra-
structure 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:
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‘‘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 ‘‘inves-
tigate’’; and
(ii) by striking ‘‘interest;’’ and insert-
ing ‘‘interest by any person, or with re-
spect to any property, subject to the juris-
diction of the United States; and’’;
(C) by striking ‘‘by any person, or with re-
spect 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 for-
eign 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 deter-
mines has planned, authorized, aided, or en-
gaged 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 Presi-
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dent, 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 des-
ignated agency or person may perform any and
all acts incident to the accomplishment or fur-
therance of these purposes.’’; and
(2) by inserting at the end the following:
‘‘(c) CLASSIFIED INFORMATION.—In any judicial re-
view of a determination made under this section, if the
determination was based on classified information (as de-
fined in section 1(a) of the Classified Information Proce-
dures Act) such information may be submitted to the re-
viewing 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—
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(1) by redesignating paragraph (p), as so redes-
ignated 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 re-
designated by section 201(3) of the Illegal Immigra-
tion 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 ter-
rorism); or’’.
SEC. 202. AUTHORITY TO INTERCEPT WIRE, ORAL, AND
ELECTRONIC COMMUNICATIONS RELATING
TO 
COMPUTER 
FRAUD 
AND 
ABUSE 
OF-
FENSES.
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 com-
puter fraud and abuse),’’.
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SEC. 203. AUTHORITY TO SHARE CRIMINAL INVESTIGATIVE
INFORMATION.
(a) AUTHORITY TO SHARE GRAND JURY INFORMA-
TION.—
(1) IN GENERAL.—Rule 6(e)(3)(C) of the Fed-
eral 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 pre-
liminarily to or in connection with a judi-
cial proceeding;
‘‘(II) when permitted by a court at
the request of the defendant, upon a show-
ing 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 govern-
ment, upon a showing that such matters
may disclose a violation of state criminal
law, to an appropriate official of a state or
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subdivision of a state for the purpose of
enforcing such law; or
‘‘(V) when the matters involve foreign
intelligence or counterintelligence (as de-
fined 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, pro-
tective, 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 mat-
ters occurring before the grand jury, the disclo-
sure shall be made in such manner, at such
time, and under such conditions as the court
may direct.
‘‘(iii) Any Federal official to whom infor-
mation is disclosed pursuant to clause (i)(V) of
this subparagraph may use that information
only as necessary in the conduct of that per-
son’s official duties subject to any limitations
on the unauthorized disclosure of such informa-
tion. Within a reasonable time after such disclo-
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sure, 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 con-
cerning a United States person, that re-
lates to the ability of the United States to
protect against—
‘‘(aa) actual or potential attack
or other grave hostile acts ofa 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 ac-
tivities by an intelligence service or
network of a foreign power or by an
agent of foreign power; or
‘‘(II) information, whether or not con-
cerning a United States person, with re-
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spect to a foreign power or foreign terri-
tory 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 Proce-
dure is amended by striking ‘‘(e)(3)(C)(i)’’ and in-
serting ‘‘(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 author-
ized by this chapter, has obtained knowledge of the con-
tents of any wire, oral, or electronic communication, or
evidence derived therefrom, may disclose such contents to
any other Federal law enforcement, intelligence, protec-
tive, immigration, national defense, or national security of-
ficial to the extent that such contents include foreign intel-
ligence or counterintelligence (as defined in section 3 of
the National Security Act of 1947 (50 U.S.C. 401a)), or
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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 infor-
mation pursuant to this provision may use that informa-
tion only as necessary in the conduct of that person’s offi-
cial 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 pe-
riod and inserting ‘‘; and’’; and
(C) by inserting at the end the following:
‘‘(19) ‘foreign intelligence information’ means—
‘‘(A) information, whether or not con-
cerning 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;
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‘‘(ii) sabotage or international ter-
rorism 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 con-
cerning a United States person, with respect to
a foreign power or foreign territory that relates
to—
‘‘(i) the national defense or the secu-
rity of the United States; or
‘‘(ii) the conduct of the foreign affairs
of the United States.’’.
(c) PROCEDURES.—The Attorney General shall es-
tablish procedures for the disclosure of information pursu-
ant 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 For-
eign 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 intel-
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ligence 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 pursu-
ant 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 abil-
ity 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 ter-
rorism by a foreign power or an agent of
a foreign power; or
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(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 for-
eign 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 ELEC-
TRONIC 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’’.
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SEC. 205. EMPLOYMENT OF TRANSLATORS BY THE FED-
ERAL BUREAU OF INVESTIGATION.
(a) AUTHORITY.—The Director of the Federal Bu-
reau of Investigation is authorized to expedite the employ-
ment 
of 
personnel 
as 
translators 
to 
support
counterterrorism investigations and operations without re-
gard to applicable Federal personnel requirements and
limitations.
(b) SECURITY REQUIREMENTS.—The Director of the
Federal Bureau of Investigation shall establish such secu-
rity requirements as are necessary for the personnel em-
ployed as translators under subsection (a).
(c) REPORT.—The Attorney General shall report to
the Committees on the Judiciary of the House of Rep-
resentatives 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.
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SEC. 206. ROVING SURVEILLANCE AUTHORITY UNDER THE
FOREIGN INTELLIGENCE SURVEILLANCE ACT
OF 1978.
Section 105(c)(2)(B) of the Foreign Intelligence Sur-
veillance Act of 1978 (50 U.S.C. 1805(c)(2)(B)) is amend-
ed 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 speci-
fied 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 fol-
lowing: ‘‘, 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’’.
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(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 fol-
lowing: ‘‘, 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
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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 Surveil-
lance 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
ELEC-
TRONIC’’ and inserting ‘‘CONTENTS OF WIRE OR
ELECTRONIC’’ each place it appears;
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(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 in-
serting ‘‘any wire or electronic’’ each place it
appears.
SEC. 210. SCOPE OF SUBPOENAS FOR RECORDS OF ELEC-
TRONIC 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, tele-
phone number or other subscriber number or iden-
tity, and length of service of a subscriber’’ and in-
serting the following: ‘‘entity the—
‘‘(A) name;
‘‘(B) address;
‘‘(C) local and long distance telephone connec-
tion records, or records of session times and dura-
tions;
‘‘(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 tempo-
rarily assigned network address; and
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‘‘(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 in-
clude records revealing cable subscriber selection of
video programming from a cable operator.’’; and
(2) in subsection (h), by striking ‘‘A govern-
mental entity’’ and inserting ‘‘Except as provided in
subsection (c)(2)(D), a governmental entity’’.
SEC. 212. EMERGENCY DISCLOSURE OF ELECTRONIC COM-
MUNICATIONS TO PROTECT LIFE AND LIMB.
(a) DISCLOSURE OF CONTENTS.—
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(1) IN
GENERAL.—Section 2702 of title 18,
United States Code, is amended—
(A) by striking the section heading and in-
serting the following:
‘‘§ 2702. Voluntary disclosure of customer commu-
nications 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 communica-
tions covered by paragraph (1) or (2)) to any gov-
ernmental entity.’’;
(C) in subsection (b), by striking ‘‘EXCEP-
TIONS.—A person or entity’’ and inserting ‘‘EX-
CEPTIONS
FOR
DISCLOSURE
OF
COMMUNICA-
TIONS.— A provider described in subsection
(a)’’;
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(D) in subsection (b)(6)—
(i) in subparagraph (A)(ii), by strik-
ing ‘‘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 per-
son requires disclosure of the information with-
out delay.’’; and
(E) by inserting after subsection (b) the
following:
‘‘(c) EXCEPTIONS FOR DISCLOSURE OF CUSTOMER
RECORDS.—A provider described in subsection (a) may di-
vulge a record or other information pertaining to a sub-
scriber 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;
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‘‘(3) as may be necessarily incident to the ren-
dition 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 im-
mediate 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
AMEND-
MENT.—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 in-
serting the following:
‘‘§ 2703. Required disclosure of customer communica-
tions or records’’;
(B) in subsection (c) by redesignating
paragraph (2) as paragraph (3);
(C) in subsection (c)(1)—
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(i) by striking ‘‘(A) Except as pro-
vided 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 re-
mote 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 communica-
tion service or remote computing service shall
disclose a record or other information per-
taining to a subscriber to or customer of such
service (not including the contents of commu-
nications covered by subsection (a) or (b) of
this section) to a governmental entity’’ and in-
serting ‘‘)’’;
(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;
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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 out-
side of the United States, or 1 or more types of ac-
counts 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 sub-
section (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 im-
posed (other than an order described in section
5326)—