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),’’.

  18 USC app. SEC. 203. AUTHORITY TO SHARE CRIMINAL INVESTIGATIVE

       INFORMA-TION.

    (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—

    or in connection with a judicial proceeding;

    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;

    for the government to another Federal grand jury;

    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

    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
enforce-ment, intelligence, protective, immigration, national
defense, or national security official in order to assist

    the official receiving that information in the

    perform-ance 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
dis-closed 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—

    United States person, that relates to the ability of

    the United States to protect against—

     a foreign power;

     or

     or by an agent of foreign power; or

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   STAT. 280 PUBLIC LAW 107–56—OCT. 26, 2001

       United States.’’.

     ‘‘(e)(3)(C)(i)’’ and inserting ‘‘(e)(3)(C)(i)(I)’’.

     INTER-CEPTION 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
elec-tronic communication, or evidence derived therefrom, may disclose
such contents to any other Federal law enforcement, intelligence,
protective, immigration, national defense, or national security
offi-cial to the extent that such contents include foreign intelligence
or counterintelligence (as defined in section 3 of the National
Secu-rity 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
perform-ance of his official duties. Any Federal official who receives
informa-tion 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

     informa-tion.’’.

     Code, is amended by—

      semi-colon;

      inserting ‘‘; and’’; and

      States to protect against—

      territory that relates to—

       United States; or

       States.’’.
18 USC 2517 (c) PROCEDURES.—The Attorney General shall establish
note. proce-dures 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)).

    (1) IN GENERAL.—Notwithstanding any other provision of

   law, it shall be lawful for foreign intelligence or
counterintel-ligence (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

   intel-ligence information’’ means—

    (A) information, whether or not concerning a United

    States person, that relates to the ability of the United

    States to protect against—

    acts of a foreign power or an agent of a foreign power;

    power or an agent of a foreign power; or

     (iii) clandestine intelligence activities by an

    intel-ligence 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—

    United States; or

    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 28 USC 532 note.

    OF INVESTIGATION.

   (a) AUTHORITY.—The Director of the Federal Bureau of
Inves-tigation is authorized to expedite the employment of personnel
as translators to support counterterrorism investigations and
oper-ations 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).

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   STAT. 282 PUBLIC LAW 107–56—OCT. 26, 2001

     (c) REPORT.—The Attorney General shall report to the
Commit-tees on the Judiciary of the House of Representatives and the
Senate on—

      (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

     needs.

       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

     (a) DURATION.—

      (1) SURVEILLANCE.—Section 105(e)(1) of the Foreign
Intel-ligence Surveillance Act of 1978 (50 U.S.C. 1805(e)(1)) is
amended by—

     (2) PHYSICAL SEARCH.—Section 304(d)(1) of the Foreign
Intel-ligence Surveillance Act of 1978 (50 U.S.C. 1824(d)(1)) is amended
by—

     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
Intel-ligence Surveillance Act of 1978 (50 U.S.C. 1805(d)(2)) is
amended by—

      (B) an extension of an order under this Act for a
surveil-lance 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
Intel-ligence 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),’’.

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  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

    WAR-RANTS.

   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

  redesig-nated 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:

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   STAT. 284 PUBLIC LAW 107–56—OCT. 26, 2001

      ‘‘(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
sub-scriber 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’’.

     (a) DISCLOSURE OF CONTENTS.—

     Code, is amended—

      following:

       or records’’;

       (B) in subsection (a)—

       end;

       inserting ‘‘; and’’; and

      ‘‘(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

     govern-mental entity.’’;

       (C) in subsection (b), by striking ‘‘EXCEPTIONS.—A
per-son or entity’’ and inserting ‘‘EXCEPTIONS FOR DISCLOSURE
OF COMMUNICATIONS.— A provider described in subsection

      (a)’’;

       (D) in subsection (b)(6)—

       and inserting ‘‘; or’’; and

       fol-lowing:

      informa-tion without delay.’’; and

     ‘‘(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;

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    ‘‘(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

   disclo-sure 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

    subpara-graph (B), a provider of electronic communication

    service or remote computing service may’’ and inserting

    ‘‘A governmental entity may require a provider of

    elec-tronic communication service or remote computing

    service to’’;

    of this section) to any person other than a

    govern-mental 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

    govern-mental entity’’ and inserting ‘‘)’’;

     (iii) by redesignating subparagraph (C) as

    para-graph (2);

    as subparagraphs (A), (B), (C), and (D), respectively;

    striking the period and inserting ‘‘; or’’; and

    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—

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   STAT. 286 PUBLIC LAW 107–56—OCT. 26, 2001

      (1) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘In addition’’;
and

     ‘‘(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
pro-viding 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
prop-erty, 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.’’.

       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
con-cerning international terrorism’’ and inserting ‘‘for any
inves-tigation to obtain foreign intelligence information not
con-cerning a United States person or to protect against
inter-national terrorism or clandestine intelligence activities,
pro-vided 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) 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
clan-destine intelligence activities, provided that such investigation
of a United States person is not conducted solely upon the

     Constitution.’’;

       ‘‘(A) shall specify—

       the order applies, such as the number or other
identi-fier, and, if known, the location of the telephone line
or other facility to which the pen register or trap

    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
inter-national terrorism or clandestine intelligence activities,
pro-vided 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
inter-national terrorism or clandestine intelligence activities,
pro-vided 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

    FOR-EIGN 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 50 USC 1861.

    INTELLIGENCE AND INTERNATIONAL TERRORISM

    INVES-TIGATIONS.
‘‘(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
investiga-tion to protect against international terrorism or clandestine
intel-ligence 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
des-ignated 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

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   STAT. 288 PUBLIC LAW 107–56—OCT. 26, 2001

      ‘‘(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
inter-national 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
applica-tion 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.

  50 USC 1862. ‘‘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

     modi-fied, 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—

     reg-ister’’;

      (2) by inserting ‘‘, routing, addressing,’’ after ‘‘dialing’’; and
(3) by striking ‘‘call processing’’ and inserting ‘‘the
proc-essing and transmitting of wire or electronic communications
so as not to include the contents of any wire or electronic

     communications’’.

      (b) ISSUANCE OF ORDERS.—

     Code, is amended to read as follows:

     ‘‘(a) IN GENERAL.—

      ‘‘(1) ATTORNEY FOR THE GOVERNMENT.—Upon an
applica-tion 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
electroni-cally, 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)—

    line’’; and

    ‘‘or applied’’; and

    (B) by striking subparagraph (C) and inserting the

    following:

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   STAT. 290 PUBLIC LAW 107–56—OCT. 26, 2001

      authorizing installation and use of a trap