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Ref Book - Patriot Act of 2001

USA PATRIOT Act of 2001

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Uniting and Strengthening America by Providing Appopriate Tools Required To Intercept and Obstruct Terrorism (USA PATRIOT) Act of 2001

(Public Law 107-56 of October 26, 2001; 115 STAT. 252)


An Act To deter and punish terrorist acts in the United States and around the world, to enhance law enforcement investigatory tools, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
 

Short Title and Table of Contents

 

Section 1.

(a) Short Title.—This Act may be cited as the “Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA Patriot Act) Act of 2001”.

(b) Table of Contents.—The table of contents for this Act is as follows:

 

Sec. 1.          Short title and table of contents.

Sec. 2.          Construction; severability.

 

Title  I—Enhanced Domestic Security Against Terrorism

Sec. 101.      Counterterrorism fund.

Sec. 102.      Sense of Congress condemning discrimination against Arab and Muslim Americans.

Sec. 103.      Increased funding for the technical support center at the Federal Bureau of Investigation.

Sec. 104.      Requests for military assistance to enforce prohibition in certain emergencies.

Sec. 105.      Expansion of National Electronic Crime Task Force Initiative.

Sec. 106.      Presidential authority.

 

Title II—Enhanced Surveillance Procedures

Sec. 201.      Authority to intercept wire, oral, and electronic communications relating to terrorism.

Sec. 202.      Authority to intercept wire, oral, and electronic communications relating to computer fraud and abuse offenses.

Sec. 203.      Authority to share criminal investigative information.

Sec. 204.      Clarification of intelligence exceptions from limitations on interception and disclosure of wire, oral, and electronic communications.

Sec. 205.      Employment of translators by the Federal Bureau of Investigation.

Sec. 206.      Roving surveillance authority under the Foreign Intelligence Surveillance Act of 1978.

Sec. 207.      Duration of FISA surveillance of non-United States persons who are agents of a foreign power.

Sec. 208.      Designation of judges.

Sec. 209.      Seizure of voice-mail messages pursuant to warrants.

Sec. 210.      Scope of subpoenas for records of electronic communications.

Sec. 211.      Clarification of scope.

Sec. 212.      Emergency disclosure of electronic communications to protect life and limb.

Sec. 213.      Authority for delaying notice of the execution of a warrant.

Sec. 214.      Pen register and trap and trace authority under FISA.

Sec. 215.      Access to records and other items under the Foreign Intelligence Surveillance Act.

Sec. 216.      Modification of authorities relating to use of pen registers and trap and trace devices.

Sec. 217.      Interception of computer trespasser communications.

Sec. 218.      Foreign intelligence information.

Sec. 219.      Single-jurisdiction search warrants for terrorism.

Sec. 220.      Nationwide service of search warrants for electronic evidence.

Sec. 221.      Trade sanctions.

Sec. 222.      Assistance to law enforcement agencies.

Sec. 223.      Civil liability for certain unauthorized disclosures.

Sec. 224.      Sunset.

Sec. 225.      Immunity for compliance with FISA wiretap.

 

Title III—International Money Laundering Abatement and Anti-Terrorist Financing Act of 2001

Sec. 301.      Short title.

Sec. 302.      Findings and purposes.

Sec. 303.      4-year congressional review; expedited consideration.

 

Subtitle A—International Counter Money Laundering

and Related Measures

Sec. 311.      Special measures for jurisdictions, financial institutions, or international transactions of primary money laundering concern.

Sec. 312.      Special due diligence for correspondent accounts and private banking accounts.

Sec. 313.      Prohibition on United States correspondent accounts with foreign shell banks.

Sec. 314.      Cooperative efforts to deter money laundering.

Sec. 315.      Inclusion of foreign corruption offenses as money laundering crimes.

Sec. 316.      Anti-terrorist forfeiture protection.

Sec. 317.      Long-arm jurisdiction over foreign money launderers.

Sec. 318.      Laundering money through a foreign bank.

Sec. 319.      Forfeiture of funds in United States interbank accounts.

Sec. 320.      Proceeds of foreign crimes.

Sec. 321.      Financial institutions specified in subchapter II of chapter 53 of title 31, United States code.

Sec. 322.      Corporation represented by a fugitive.

Sec. 323.      Enforcement of foreign judgments.

Sec. 324.      Report and recommendation.

Sec. 325.      Concentration accounts at financial institutions.

Sec. 326.      Verification of identification.

Sec. 327.      Consideration of anti-money laundering record.

Sec. 328.      International cooperation on identification of originators of wire transfers.

Sec. 329.      Criminal penalties.

Sec. 330.      International cooperation in investigations of money laundering, financial crimes, and the finances of terrorist groups.

 

Subtitle B—Bank Secrecy Act Amendments

and Related Improvements

Sec. 351.      Amendments relating to reporting of suspicious activities.

Sec. 352.      Anti-money laundering programs.

Sec. 353.      Penalties for violations of geographic targeting orders and certain recordkeeping requirements, and lengthening effective period of geographic targeting orders.

Sec. 354.      Anti-money laundering strategy.

Sec. 355.      Authorization to include suspicions of illegal activity in written employment references.

Sec. 356.      Reporting of suspicious activities by securities brokers and dealers; investment company study.

Sec. 357.      Special report on administration of bank secrecy provisions.

Sec. 358.      Bank secrecy provisions and activities of United States  intelligence agencies to fight international terrorism.

Sec. 359.      Reporting of suspicious activities by underground banking systems.

Sec. 360.      Use of authority of United States Executive Directors.

Sec. 361.      Financial crimes enforcement network.

Sec. 362.      Establishment of highly secure network.

Sec. 363.      Increase in civil and criminal penalties for money laundering.

Sec. 364.      Uniform protection authority for Federal Reserve facilities.

Sec. 365.      Reports relating to coins and currency received in non-financial trade or business.

Sec. 366.      Efficient use of currency transaction report system.

 

Subtitle C—Currency Crimes and Protection

Sec. 371.      Bulk cash smuggling into or out of the United States.

Sec. 372.      Forfeiture in currency reporting cases.

Sec. 373.      Illegal money transmitting businesses.

Sec. 374.      Counterfeiting domestic currency and obligations.

Sec. 375.      Counterfeiting foreign currency and obligations.

Sec. 376.      Laundering the proceeds of terrorism.

Sec. 377.      Extraterritorial jurisdiction.

 

Title IV—Protecting the Border

 

Subtitle A—Protecting the Northern Border

Sec. 401.      Ensuring adequate personnel on the northern border.

Sec. 402.      Northern border personnel.

Sec. 403.      Access by the Department of State and the INS to certain identifying information in the criminal history records of visa applicants and applicants for admission to the United States.

Sec. 404.      Limited authority to pay overtime.

Sec. 405.      Report on the integrated automated fingerprint identification system for ports of entry and overseas consular posts.

 

Subtitle B—Enhanced Immigration Provisions

Sec. 411.      Definitions relating to terrorism.

Sec. 412.      Mandatory detention of suspected terrorists;  habeas corpus;  judicial review.

Sec. 413.      Multilateral cooperation against terrorists.

Sec. 414.      Visa integrity and security.

Sec. 415.      Participation of Office of Homeland Security on Entry-Exit Task Force.

Sec. 416.      Foreign student monitoring program.

Sec. 417.      Machine readable passports.

Sec. 418.      Prevention of consulate shopping.

 

 

Subtitle C—Preservation of Immigration Benefits

for Victims of Terrorism

Sec. 421.      Special immigrant status.

Sec. 422.      Extension of filing or reentry deadlines.

Sec. 423.      Humanitarian relief for certain surviving spouses and children.

Sec. 424.      “Age-out” protection for children.

Sec. 425.      Temporary administrative relief.

Sec. 426.      Evidence of death, disability, or loss of employment.

Sec. 427.      No benefits to terrorists or family members of terrorists.

Sec. 428.      Definitions.

 

Title V—Removing Obstacles to Investigating Terrorism

Sec. 501.      Attorney General’s authority to pay rewards to combat terrorism.

Sec. 502.      Secretary of State’s authority to pay rewards.

Sec. 503.      DNA identification of terrorists and other violent offenders.

Sec. 504.      Coordination with law enforcement.

Sec. 505.      Miscellaneous national security authorities.

Sec. 506.      Extension of Secret Service jurisdiction.

Sec. 507.      Disclosure of educational records.

Sec. 508.      Disclosure of information from NCES surveys.

 

Title VI—Providing for Victims of Terrorism, Public Safety Officers, and Their Families

 

Subtitle A—Aid to Families of Public Safety Officers

Sec. 611.      Expedited payment for public safety officers involved in the prevention, investigation, rescue, or recovery efforts related to a terrorist attack.

Sec. 612.      Technical correction with respect to expedited payments for heroic public safety officers.

Sec. 613.      Public safety officers benefit program payment increase.

Sec. 614.      Office of Justice programs.

 

Subtitle B—Amendments to the Victims of Crime Act of 1984

Sec. 621.      Crime victims fund.

Sec. 622.      Crime victim compensation.

Sec. 623.      Crime victim assistance.

Sec. 624.      Victims of terrorism.

 

Title VII—Increased Information Sharing for

Critical Infrastructure Protection

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

 

Title VIII—Strengthening the Criminal Laws Against Terrorism

Sec. 801.      Terrorist attacks and other acts of violence against mass transportation systems.

Sec. 802.      Definition of domestic terrorism.

Sec. 803.      Prohibition against harboring terrorists.

Sec. 804.      Jurisdiction over crimes committed at U.S. facilities abroad.

Sec. 805.      Material support for terrorism.

Sec. 806.      Assets of terrorist organizations.

Sec. 807.      Technical clarification relating to provision of material support to terrorism.

Sec. 808.      Definition of Federal crime of terrorism.

Sec. 809.      No statute of limitation for certain terrorism offenses.

Sec. 810.      Alternate maximum penalties for terrorism offenses.

Sec. 811.      Penalties for terrorist conspiracies.

Sec. 812.      Post-release supervision of terrorists.

Sec. 813.      Inclusion of acts of terrorism as racketeering activity.

Sec. 814.      Deterrence and prevention of cyberterrorism.

Sec. 815.      Additional defense to civil actions relating to preserving records in response to Government requests.

Sec. 816.      Development and support of cybersecurity forensic capabilities.

Sec. 817.      Expansion of the biological weapons statute.

 

Title IX—Improved Intelligence

Sec. 901.      Responsibilities of Director of Central Intelligence regarding foreign intelligence collected under Foreign Intelligence Surveillance Act of 1978.

Sec. 902.      Inclusion of international terrorist activities within scope of foreign intelligence under National Security Act of 1947.

Sec. 903.      Sense of Congress on the establishment and maintenance of intelligence relationships to acquire information on terrorists and terrorist organizations.

Sec. 904.      Temporary authority to defer submittal to Congress of reports on intelligence and intelligence-related matters.

Sec. 905.      Disclosure to Director of Central Intelligence of foreign intelligence-related information with respect to criminal investigations.

Sec. 906.      Foreign terrorist asset tracking center.

Sec. 907.      National Virtual Translation Center.

Sec. 908.      Training of government officials regarding identification and use of foreign intelligence.

 

Title X—Miscellaneous

Sec. 1001.    Review of the department of justice.

Sec. 1002.    Sense of congress.

Sec. 1003.    Definition of “electronic surveillance”.

Sec. 1004.    Venue in money laundering cases.

Sec. 1005.    First responders assistance act.

Sec. 1006.    Inadmissibility of aliens engaged in money laundering.

Sec. 1007.    Authorization of funds for DEA police training in south and central Asia.

Sec. 1008.    Feasibility study on use of biometric identifier scanning system with access to the FBI integrated automated fingerprint identification system at overseas consular posts and points of entry to the United States.

Sec. 1009.    Study of access.

Sec. 1010.    Temporary authority to contract with local and State governments for performance of security functions at United States military installations.

Sec. 1011.    Crimes against charitable Americans.

Sec. 1012.    Limitation on issuance of hazmat licenses.

Sec. 1013.    Expressing the sense of the senate concerning the provision of funding for bioterrorism preparedness and response.

Sec. 1014.    Grant program for State and local domestic preparedness support.

Sec. 1015.    Expansion and reauthorization of the crime identification technology act for antiterrorism grants to States and localities.

Sec. 1016.    Critical infrastructures protection.

 

TITLE II – ENHANCED SURVEILLANCE PROCEDURES

 

Authority to Intercept Wire, Oral, and Electronic Communications Relating to Terrorism

 

Sec. 201.

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”.

 

Authority to Intercept Wire, Oral, and Electronic Communications Relating to Computer Fraud and Abuse Offenses

 

Sec. 202.

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),”.

 

Authority to Share Criminal Investigative Information

 

Sec. 203.

(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.

 

Clarification of Intelligence Exceptions from Limitations on interception and Disclosure of Wire, Oral, and Electronic Communications

 

Sec. 204.

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”.

 

Employment of Translators by the Federal Bureau of Investigation

 

Sec. 205.

(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 Requirement.—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.

 

Roving Surveillance Authority under the Foreign Intelligence Surveillance Act of 1978

 

Sec. 206.

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”.

 

Duration of FISA Surveillance of Non-United States Persons Who are Agents of a Foreign Power

 

Sec. 207.

(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),”.

 

Designation of Judges

 

Sec. 208.

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”.

 

Seizure of Voice-Mail Messages Pursuant to Warrants

 

Sec. 209.

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.

 

Scope of Subpoenas for Records of Electronic Communications

 

Sec. 210.

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,”.

 

Clarification of Scope

 

Sec. 211.

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”.

 

Emergency Disclosure of Electronic Communications to Protect Life and Limb

 

Sec. 212.

(a) Disclosure of Contents.—

(1) In General.—Section 2702 of title 18, United States Code, is amended—

(A) by striking the section heading and inserting the following:

“§2702. Voluntary disclosure of customer communications or records”;

 

(B) in subsection (a)—

(i) in paragraph (2)(A), by striking “and” at the end;

(ii) in paragraph (2)(B), by striking the period and inserting “;  and”;  and

(iii) by inserting after paragraph (2) the following:

 

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

 

(C) in subsection (b), by striking “EXCEPTIONS.—A person or entity” and inserting “EXCEPTIONS FOR DISCLOSURE OF COMMUNICATIONS.—A provider described in subsection (a)”;

(D) in subsection (b)(6)—

(i) in subparagraph (A)(ii), by striking “or”;

(ii) in subparagraph (B), by striking the period and inserting “;  or”;  and

(iii) by adding after subparagraph (B) the following:

 

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

 

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

“(c) Exceptions for Disclosure of Customer Records.—A provider described in subsection (a) may divulge a record or other information pertaining to a subscriber to or customer of such service (not including the contents of communications covered by subsection (a)(1) or (a)(2))—

“(1) as otherwise authorized in section 2703;

“(2) with the lawful consent of the customer or subscriber;

“(3) as may be necessarily incident to the rendition of the service or to the protection of the rights or property of the provider of that service;

“(4) to a governmental entity, if the provider reasonably believes that an emergency involving immediate danger of death or serious physical injury to any person justifies disclosure of the information;  or

“(5) to any person other than a governmental entity.”.

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

 

“2702.          Voluntary disclosure of customer communications or records.”.

 

(b) Requirements for Government Access.—

(1) In General.—Section 2703 of title 18, United States Code, is amended—

(A) by striking the section heading and inserting the following:

 

“2703.          Required disclosure of customer communications or records”;

 

(B) in subsection (c) by redesignating paragraph (2) as paragraph (3);

(C) in subsection (c)(1)—

(i) by striking “(A) Except as provided in subparagraph (B), a provider of electronic communication service or remote computing service may” and inserting “A governmental entity may require a provider of electronic communication service or remote computing service to”;

(ii) by striking “covered by subsection (a) or (b) of this section) to any person other than a governmental entity.

 

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

(iii) by redesignating subparagraph (C) as paragraph (2);

(iv) by redesignating clauses (i), (ii), (iii), and (iv) as subparagraphs  (A), (B), (C), and (D), respectively;

(v) in subparagraph (D) (as redesignated) by striking the period and inserting “;  or”;  and

(vi) by inserting after subparagraph (D) (as redesignated) the following:

 

“(E) seeks information under paragraph (2).”;  and

 

(D) in paragraph (2) (as redesignated) by striking “subparagraph (B)” and insert “paragraph (1)”.

(2) Technical and Conforming Amendment.—The table of sections for chapter 121 of title 18, United States Code, is amended by striking the item relating to section 2703 and inserting the following:

 

“2703.          Required disclosure of customer communications or records.”.

 

Authority for Delaying Notice of the Execution of a Warrant

 

Sec. 213.

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.”.

 

Pen Register and Trap and Trace Authority under FISA

 

Sec. 214.

(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”.

 

Access to records and Other Items under the Foreign Intelligence Surveillance act

 

Sec. 215.

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:

 

“Access to Certain Business Records for Foreign Intelligence and International Terrorism Investigations

“Sec. 501.

“(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.

 

“Congressional Oversight

 

“Sec. 502.

“(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.”.

 

Modification of Authorities Relating to Use of Pen Registers and Trap and Trace Devices

 

Sec. 216.

(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 Officers.—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”.

 

Interception of Computer Trespasser Communications

 

Sec. 217.

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; 

“(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.”

 

Foreign Intelligence Information

 

Sec. 218.

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”.

 

Single-Jurisdiction Search Warrants for Terrorism

 

Sec. 219.

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”.

 

Nationwide Service of Search Warrants for Electronic Evidence

 

Sec. 220.

(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)”.

 

Trade Sanctions

 

Sec. 221.

(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.

 

Assistance to Law Enforcement Agencies

 

Sec. 222.

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.

 

Civil Liability for Certain Unauthorized Disclosures

 

Sec. 223.

(a) Section 2520 of title 18, United States Code, is amended—

(1) in subsection (a), after “entity”, by inserting “, other than the United States,”;

(2) by adding at the end the following:

“(f) Administrative Discipline.—If a court or appropriate department or agency determines that the United States or any of its departments or agencies has violated any provision of this chapter, and the court or appropriate department or agency finds that the circumstances surrounding the violation raise serious questions about whether or not an officer or employee of the United States acted willfully or intentionally with respect to the violation, the department or agency shall, upon receipt of a true and correct copy of the decision and findings of the court or appropriate department or agency promptly initiate a proceeding to determine whether disciplinary action against the officer or employee is warranted.  If the head of the department or agency involved determines that disciplinary action is not warranted, he or she shall notify the Inspector General with jurisdiction over the department or agency concerned and shall provide the Inspector General with the reasons for such determination.”;  and

(3) by adding a new subsection (g), as follows:

 

“(g) Improper Disclosure is Violation.—Any willful disclosure or use by an investigative or law enforcement officer or governmental entity of information beyond the extent permitted by section 2517 is a violation of this chapter for purposes of section 2520(a).”.

 

(b) Section 2707 of title 18, United States Code, is amended—

(1) in subsection (a), after “entity”, by inserting “, other than the United States,”;

(2) by striking subsection (d) and inserting the following:

 

 “(d) Administrative Discipline.—If a court or appropriate department or agency determines that the United States or any of its departments or agencies has violated any provision of this chapter, and the court or appropriate department or agency finds that the circumstances surrounding the violation raise serious questions about whether or not an officer or employee of the United States acted willfully or intentionally with respect to the violation, the department or agency shall, upon receipt of a true and correct copy of the decision and findings of the court or appropriate department or agency promptly initiate a proceeding to determine whether disciplinary action against the officer or employee is warranted.  If the head of the department or agency involved determines that disciplinary action is not warranted, he or she shall notify the Inspector General with jurisdiction over the department or agency concerned and shall provide the Inspector General with the reasons for such determination.”;  and

(3) by adding a new subsection (g), as follows:

 

“(g) Improper Disclosure.—Any willful disclosure of a ‘record’, as that term is defined in section 552a(a) of title 5, United States Code, obtained by an investigative or law enforcement officer, or a governmental entity, pursuant to section 2703 of this title, or from a device installed pursuant to section 3123 or 3125 of this title, that is not a disclosure made in the proper performance of the official functions of the officer or governmental entity making the disclosure, is a violation of this chapter.  This provision shall not apply to information previously lawfully disclosed (prior to the commencement of any civil or administrative proceeding under this chapter) to the public by a Federal, State, or local governmental entity or by the plaintiff in a civil action under this chapter.”.

 

(c)(1) Chapter 121 of title 18, United States Code, is amended by adding at the end the following:

 

Ҥ 2712. Civil actions against the United States

“(a) In General.—Any person who is aggrieved by any willful violation of this chapter or of chapter 119 of this title or of sections 106(a), 305(a), or 405(a) of the Foreign Intelligence Surveillance Act of 1978 (50 U. S.C. 1801 et seq.) may commence an action in United States District Court against the United States to recover money damages.  In any such action, if a person who is aggrieved successfully establishes such a violation of this chapter or of chapter 119 of this title or of the above specific provisions of title 50, the Court may assess as damages—

“(1) actual damages, but not less than $10,000, whichever amount is greater;  and

“(2) litigation costs, reasonably incurred.

“(b) Procedures.—(1) Any action against the United States under this section may be commenced only after a claim is presented to the appropriate department or agency under the procedures of the Federal Tort Claims Act, as set forth in title 28, United States Code.

“(2) Any action against the United States under this section shall be forever barred unless it is presented in writing to the appropriate Federal agency within 2 years after such claim accrues or unless action is begun within 6 months after the date of mailing, by certified or registered mail, of notice of final denial of the claim by the agency to which it was presented.  The claim shall accrue on the date upon which the claimant first has a reasonable opportunity to discover the violation.

“(3) Any action under this section shall be tried to the court without a jury.

“(4) Notwithstanding any other provision of law, the procedures set forth in section 106(f), 305(g), or 405(f) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. §1801 et seq.) shall be the exclusive means by which materials governed by those sections may be reviewed.

“(5) An amount equal to any award against the United States under this section shall be reimbursed by the department or agency concerned to the fund described in section 1304 of title 31, United States Code, out of any appropriation, fund, or other account (excluding any part of such appropriation, fund, or account that is available for the enforcement of any Federal law) that is available for the operating expenses of the department or agency concerned.

“(c) Administrative Discipline.—If a court or appropriate department or agency determines that the United States or any of its departments or agencies has violated any provision of this chapter, and the court or appropriate department or agency finds that the circumstances surrounding the violation raise serious questions about whether or not an officer or employee of the United States acted willfully or intentionally with respect to the violation, the department or agency shall, upon receipt of a true and correct copy of the decision and findings of the court or appropriate department or agency promptly initiate a proceeding to determine whether disciplinary action against the officer or employee is warranted.  If the head of the department or agency involved determines that disciplinary action is not warranted, he or she shall notify the Inspector General with jurisdiction over the department or agency concerned and shall provide the Inspector General with the reasons for such determination.

“(d) Exclusive Remedy.—Any action against the United States under this subsection shall be the exclusive remedy against the United States for any claims within the purview of this section.

“(e) Stay of Proceedings.—(1) Upon the motion of the United States, the court shall stay any action commenced under this section if the court determines that civil discovery will adversely affect the ability of the Government to conduct a related investigation or the prosecution of a related criminal case.  Such a stay shall toll the limitations periods of paragraph (2) of subsection (b).

“(2) In this subsection, the terms ‘related criminal case’ and ‘related investigation’ mean an actual prosecution or investigation in progress at the time at which the request for the stay or any subsequent motion to lift the stay is made.  In determining whether an investigation or a criminal case is related to an action commenced under this section, the court shall consider the degree of similarity between the parties, witnesses, facts, and circumstances involved in the 2 proceedings, without requiring that any one or more factors be identical.

“(3) In requesting a stay under paragraph (1), the Government may, in appropriate cases, submit evidence ex parte in order to avoid disclosing any matter that may adversely affect a related investigation or a related criminal case.  If the Government makes such an ex parte submission, the plaintiff shall be given an opportunity to make a submission to the court, not ex parte, and the court may, in its discretion, request further information from either party.”.

 

(2) The table of sections at the beginning of chapter 121 is amended to read as follows:

 

“2712.          Civil action against the United States.”.

 

Sunset

 

Sec. 224.

(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.

 

Immunity for Compliance with FISA Wiretap

 

Sec. 225.

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.”.

 

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TITLE VIII—STRENGTHENING THE CRIMINAL LAWS AGAINST TERRORISM

 

Definition of Domestic Terrorism

 

Sec. 802.

(a) Domestic Terrorism Defined.—Section 2331 of title 18, United States Code, is amended—

(1) in paragraph (1)(B)(iii), by striking “by assassination or kidnapping” and inserting “by mass destruction, assassination, or kidnapping”;

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

(3) in paragraph (4), by striking the period at the end and inserting  “;  and”;  and

(4) by adding at the end the following:

 

“(5) the term ‘domestic terrorism’ means activities that—

“(A) involve acts dangerous to human life that are a violation of the criminal laws of the United States or of any State;

“(B) appear to be intended—

“(i) to intimidate or coerce a civilian population;

“(ii) to influence the policy of a government by intimidation or coercion;  or

“(iii) to affect the conduct of a government by mass destruction, assassination, or kidnapping;  and

“(C) occur primarily within the territorial jurisdiction of the United States.”.

(b) Conforming Amendment.—Section 3077(1) of title 18, United States Code, is amended to read as follows:

“(1) ‘act of terrorism’ means an act of domestic or international terrorism as defined in section 2331;”.

 

Prohibition Against Harboring Terrorists

 

Sec. 803.

(a) In General.—Chapter 113B of title 18, United States Code, is amended by adding after section 2338 the following new section:

 

Ҥ 2339. Harboring or concealing terrorists

“(a) Whoever harbors or conceals any person who he knows, or has reasonable grounds to believe, has committed, or is about to commit, an offense under section 32 (relating to destruction of aircraft or aircraft facilities), section 175 (relating to biological weapons), section 229 (relating to chemical weapons), section 831 (relating to nuclear materials), paragraph (2) or (3) of section 844(f) (relating to arson and bombing of government property risking or causing injury or death), section 1366(a) (relating to the destruction of an energy facility), section 2280 (relating to violence against maritime navigation), section 2332a (relating to weapons of mass destruction), or section 2332b (relating to acts of terrorism transcending national boundaries) of this title, section 236(a) (relating to sabotage of nuclear facilities or fuel) of the Atomic Energy Act of 1954 (42 U.S.C. §2284(a)), or section 46502 (relating to aircraft piracy) of title 49, shall be fined under this title or imprisoned not more than ten years, or both.”.

“(b) A violation of this section may be prosecuted in any Federal judicial district in which the underlying offense was committed, or in any other Federal judicial district as provided by law.”.

 

(b) technical Amendment.—The chapter analysis for chapter 113B of title 18, United States Code, is amended by inserting after the item for section 2338 the following:

 

“2339.          Harboring or concealing terrorists.”.

 

Jurisdiction over Crimes Committed at U.S. Facilities Abroad

 

Sec. 804.

Section 7 of title 18, United States Code, is amended by adding at the end the following:

 

“(9) With respect to offenses committed by or against a national of the United States as that term is used in section 101 of the Immigration and Nationality Act—

“(A) the premises of United States diplomatic, consular, military or other United States Government missions or entities in foreign States, including the buildings, parts of buildings, and land appurtenant or ancillary thereto or used for purposes of those missions or entities, irrespective of ownership;  and

“(B) residences in foreign States and the land appurtenant or ancillary thereto, irrespective of ownership, used for purposes of those missions or entities or used by United States personnel assigned to those missions or entities.

Nothing in this paragraph shall be deemed to supersede any treaty or international agreement with which this paragraph conflicts.  This paragraph does not apply with respect to an offense committed by a person described in section 3261(a) of this title.”.

 

Material Support for Terrorism

 

Sec. 805.

(a) In General.—Section 2339A of title 18, United States Code, is amended—

(1) in subsection (a)—

(A) by striking “, within the United States,”;

(B) by inserting “229,” after “175,”;

(C) by inserting “1993,” after “1992,”;

(D) by inserting “, section 236 of the Atomic Energy Act of 1954 (42 U.S.C. §2284),” after “of this title”;

(E) by inserting “or 60123(b)” after “46502”;  and

(F) by inserting at the end the following:  “A violation of this section may be prosecuted in any Federal judicial district in which the underlying offense was committed, or in any other Federal judicial district as provided by law.”;  and

(2) in subsection (b)—

(A) by striking “or other financial securities” and inserting “or monetary instruments or financial securities”;  and

(B) by inserting “expert advice or assistance,” after “training,”.

(b) Technical Amendment.—Section 1956(c)(7)(D) of title 18, United States Code, is amended by inserting “or 2339B” after “2339A”.

 

Assets of Terrorist Organizations

 

Sec. 806.

Section 981(a)(1) of title 18, United States Code, is amended by inserting at the end the following:

 

“(G) All assets, foreign or domestic—

“(i) of any individual, entity, or organization engaged in planning or perpetrating any act of domestic or international terrorism (as defined in section 2331) against the United States, citizens or residents of the United States, or their property, and all assets, foreign or domestic, affording any person a source of influence over any such entity or organization;

“(ii) acquired or maintained by any person with the intent and for the purpose of supporting, planning, conducting, or concealing an act of domestic or international terrorism (as defined in section 2331) against the United States, citizens or residents of the United States, or their property;  or

“(iii) derived from, involved in, or used or intended to be used to commit any act of domestic or international terrorism (as defined in section 2331) against the United States, citizens or residents of the United States, or their property.”.

 

Technical Clarification Relating to Provision of material Support to Terrorism

 

Sec. 807.

No provision of the Trade Sanctions Reform and Export Enhancement Act of 2000  (title IX of Public Law 106-387) shall be construed to limit or otherwise affect section 2339A or 2339B of title 18, United States Code.

 

Definition of Federal Crime of Terrorism

 

Sec. 808.

Section 2332b of title 18, United States Code, is amended—

(1) in subsection (f), by inserting “and any violation of section 351(e), 844(e), 844(f)(1), 956(b), 1361, 1366(b), 1366(c), 1751(e), 2152, or 2156 of this title,” before “and the Secretary”;  and

(2) in subsection (g)(5)(B), by striking clauses (i) through (iii) and inserting the following:

 

“(i) section 32 (relating to destruction of aircraft or aircraft facilities), 37 (relating to violence at international airports), 81 (relating to arson within special maritime and territorial jurisdiction), 175 or 175b (relating to biological weapons), 229 (relating to chemical weapons), subsection (a), (b), (c), or (d) of section 351 (relating to congressional, cabinet, and Supreme Court assassination and kidnapping), 831 (relating to nuclear materials), 842(m) or (n) (relating to plastic explosives), 844(f)(2) or (3) (relating to arson and bombing of Government property risking or causing death), 844(i) (relating to arson and bombing of property used in interstate commerce), 930(c) (relating to killing or attempted killing during an attack on a Federal facility with a dangerous weapon), 956(a)(1) (relating to conspiracy to murder, kidnap, or maim persons abroad), 1030(a)(1) (relating to protection of computers), 1030(a)(5)(A)(i) resulting in damage as defined in 1030(a)(5)(B)(ii) through (v) (relating to protection of computers), 1114 (relating to killing or attempted killing of officers and employees of the United States), 1116 (relating to murder or manslaughter of foreign officials, official guests, or internationally protected persons), 1203 (relating to hostage taking), 1362 (relating to destruction of communication lines, stations, or systems), 1363 (relating to injury to buildings or property within special maritime and territorial jurisdiction of the United States), 1366(a) (relating to destruction of an energy facility), 1751(a), (b), (c), or (d) (relating to Presidential and Presidential staff assassination and kidnapping), 1992 (relating to wrecking trains), 1993 (relating to terrorist attacks and other acts of violence against mass transportation systems), 2155 (relating to destruction of national defense materials, premises, or utilities), 2280 (relating to violence against maritime navigation), 2281 (relating to violence against maritime fixed platforms), 2332 (relating to certain homicides and other violence against United States nationals occurring outside of the United States), 2332a (relating to use of weapons of mass destruction), 2332b (relating to acts of terrorism transcending national boundaries), 2339 (relating to harboring terrorists), 2339A (relating to providing material support to terrorists), 2339B (relating to providing material support to terrorist organizations), or 2340A (relating to torture) of this title;

“(ii) section 236 (relating to sabotage of nuclear facilities or fuel) of the Atomic Energy Act of 1954 (42 U.S.C. §2284);  or

“(iii) section 46502 (relating to aircraft piracy), the second sentence of section 46504 (relating to assault on a flight crew with a dangerous weapon), section 46505(b)(3) or (c) (relating to explosive or incendiary devices, or endangerment of human life by means of weapons, on aircraft), section 46506 if homicide or attempted homicide is involved (relating to application of certain criminal laws to acts on aircraft), or section 60123(b) (relating to destruction of interstate gas or hazardous liquid pipeline facility) of title 49.”.

 

TITLE X—MISCELLANEOUS

 

Definition of “Electronic Surveillance”

 

Sec. 1003.

 Section 101(f)(2) of the Foreign Intelligence Surveillance Act (50 U.S.C. §1801(f)(2)) is amended by adding at the end before the semicolon the following:  “, but does not include the acquisition of those communications of computer trespassers that would be permissible under section 2511(2)(i) of title 18, United States Code”.



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Ref Book - EO 13556

Executive Order 13556


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Controlled Classified Information

(Federal Register Vol. 75, No. 216 (November 9, 2010))

By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:
 

Section 1.  Purpose. This order establishes an open and uniform program for managing information that requires safeguarding or dissemination controls pursuant to and consistent with law, regulations, and Government-wide policies, excluding information that is classified under Executive Order 13526 of December 29, 2009, or the Atomic Energy Act, as amended. At present, executive departments and agencies (agencies) employ ad hoc, agency-specific policies, procedures, and markings to safeguard and control this information, such as information that involves privacy, security, proprietary business interests, and law enforcement investigations. This inefficient, confusing patchwork has resulted in inconsistent marking and safeguarding of documents, led to unclear or unnecessarily restrictive dissemination policies, and created impediments to authorized information sharing. The fact that these agency-specific policies are often hidden from public view has only aggravated these issues. To address these problems, this order establishes a program for managing this information, hereinafter described as Controlled Unclassified Information, that emphasizes the openness and uniformity of Government-wide practice.

 

Sec. 2.  Controlled Unclassified Information (CUI).

(a) The CUI categories and subcategories shall serve as exclusive designations for identifying unclassified information throughout the executive branch that requires safeguarding or dissemination controls, pursuant to and consistent with applicable law, regulations, and Government-wide policies.

(b) The mere fact that information is designated as CUI shall not have a bearing on determinations pursuant to any law requiring the disclosure of information or permitting disclosure as a matter of discretion, including disclosures to the legislative or judicial branches.

(c) The National Archives and Records Administration shall serve as the Executive Agent to implement this order and oversee agency actions to ensure compliance with this order.

 

Sec. 3.  Review of Current Designations.

(a) Each agency head shall, within 180 days of the date of this order:

(1) review all categories, subcategories, and markings used by the agency to designate unclassified information for safeguarding or dissemination controls; and

(2) submit to the Executive Agent a catalogue of proposed categories and subcategories of CUI, and proposed associated markings for information designated as CUI under section 2

(a) of this order. This submission shall provide definitions for each proposed category and subcategory and identify the basis in law, regulation, or Government-wide policy for safeguarding or dissemination controls.

(b) If there is significant doubt about whether information should be designated as CUI, it shall not be so designated.

 

Sec. 4.  Development of CUI Categories and Policies.

(a) On the basis of the submissions under section 3 of this order or future proposals, and in consultation with affected agencies, the Executive Agent shall, in a timely manner, approve categories and subcategories of CUI and associated markings to be applied uniformly throughout the executive branch and to become effective upon publication in the registry established under subsection (d) of this section. No unclassified information meeting the requirements of section 2(a) of this order shall be disapproved for inclusion as CUI, but the Executive Agent may resolve conflicts among categories and subcategories of CUI to achieve uniformity and may determine the markings to be used.

(b) The Executive Agent, in consultation with affected agencies, shall develop and issue such directives as are necessary to implement this order. Such directives shall be made available to the public and shall provide policies and procedures concerning marking, safeguarding, dissemination, and decontrol of CUI that, to the extent practicable and permitted by law, regulation, and Government-wide policies, shall remain consistent across categories and subcategories of CUI and throughout the executive branch. In developing such directives, appropriate consideration should be given to the report of the interagency Task Force on Controlled Unclassified Information published in August 2009. The Executive Agent shall issue initial directives for the implementation of this order within 180 days of the date of this order.

(c) The Executive Agent shall convene and chair interagency meetings to discuss matters pertaining to the program established by this order.

(d) Within 1 year of the date of this order, the Executive Agent shall establish and maintain a public CUI registry reflecting authorized CUI categories and subcategories, associated markings, and applicable safeguarding, dissemination, and decontrol procedures.

(e) If the Executive Agent and an agency cannot reach agreement on an issue related to the implementation of this order, that issue may be appealed to the President through the Director of the Office of Management and Budget.

(f) In performing its functions under this order, the Executive Agent, in accordance with applicable law, shall consult with representatives of the public and State, local, tribal, and private sector partners on matters  related to approving categories and subcategories of CUI and developing implementing directives issued by the Executive Agent pursuant to this order.

 

Sec. 5.  Implementation.

(a) Within 180 days of the issuance of initial policies and procedures by the Executive Agent in accordance with section 4(b) of this order, each agency that originates or handles CUI shall provide the Executive Agent with a proposed plan for compliance with the requirements of this order, including the establishment of interim target dates.

(b) After a review of agency plans, and in consultation with affected agencies and the Office of Management and Budget, the Executive Agent shall establish deadlines for phased implementation by agencies.

(c) In each of the first 5 years following the date of this order and biennially thereafter, the Executive Agent shall publish a report on the status of agency implementation of this order.

 

Sec. 6.  General Provisions.

(a) This order shall be implemented in a manner consistent with:

(1) applicable law, including protections of confidentiality and privacy rights;

(2) the statutory authority of the heads of agencies, including authorities related to the protection of information provided by the private sector to the Federal Government; and

(3) applicable Government-wide standards and guidelines issued by the National Institute of Standards and Technology, and applicable policies established by the Office of Management and Budget.

(b) The Director of National Intelligence (Director), with respect to the Intelligence Community and after consultation with the heads of affected  agencies, may issue such policy directives and guidelines as the Director deems necessary to implement this order with respect to intelligence and intelligence-related information. Procedures or other guidance issued by Intelligence  Community element heads shall be in accordance with such policy directives or guidelines issued by the Director. Any such policy directives or guidelines issued by the Director shall be in accordance with this order and directives issued by the Executive Agent.

(c) This order shall not be construed to impair or otherwise affect the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, and legislative proposals.

(d) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

(e) This order shall be implemented subject to the availability of appropriations.

(f) The Attorney General, upon request by the head of an agency or the Executive Agent, shall render an interpretation of this order with respect to any question arising in the course of its administration.

(g) The Presidential Memorandum of May 7, 2008, entitled ‘‘Designation and Sharing of Controlled Unclassified Information (CUI)’’ is hereby rescinded.

 

-/S/- BARACK OBAMA

THE WHITE HOUSE,
November 4, 2010.



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Ref Book - EO 13549

Executive Order 13549


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Classified National Security Information Program for State, Local, Tribal, and Private Sector Entities


(Federal Register Vol. 75, No. 162 (August 23, 2010))

By the authority vested in me as President by the Constitution and the laws of the United States of America, in order to ensure the proper safeguarding of information shared with State, local, tribal, and private sector entities, it is hereby ordered as follows:


Section 1.  Establishment and Policy.

 
Sec. 1.1.  There is established a Classified National Security Information Program (Program) designed to safeguard and govern access to classified national security information shared by the Federal Government with State, local, tribal, and private sector (SLTPS) entities.


Sec. 1.2.  The purpose of this order is to ensure that security standards governing access to and safeguarding of classified material are applied in accordance with Executive Order 13526 of December 29, 2009 (‘‘Classified National Security Information’’), Executive Order 12968 of August 2, 1995, as amended (‘‘Access to Classified Information’’), Executive Order 13467 of June 30, 2008 (‘‘Reforming Processes Related to Suitability for Government Employment, Fitness for Contractor Employees, and Eligibility for Access to Classified National Security Information’’), and Executive Order 12829 of January 6, 1993, as amended (‘‘National Industrial Security Program’’). Procedures for uniform implementation of these standards by SLTPS entities shall be set forth in an implementing directive to be issued by the Secretary of Homeland Security within 180 days of the date of this order, in consultation  with affected executive departments and agencies (agencies), and with the concurrence of the Secretary of Defense, the Attorney General, the Director of National Intelligence, and the Director of the Information Security Oversight Office.

 
Sec. 1.3.  Additional policy provisions for access to and safeguarding of classified information shared with SLTPS personnel include the following:

(a) Eligibility for access to classified information by SLTPS personnel shall be determined by a sponsoring agency. The level of access granted shall not exceed the Secret level, unless the sponsoring agency determines on a case-by-case basis that the applicant has a demonstrated and foreseeable need for access to Top Secret, Special Access Program, or Sensitive Compartmented Information.

(b) Upon the execution of a non-disclosure agreement prescribed by the Information Security Oversight Office or the Director of National Intelligence, and absent disqualifying conduct as determined by the clearance granting official, a duly elected or appointed Governor of a State or territory, or an official who has succeeded to that office under applicable law, may be granted access to classified information without a background investigation  in accordance with the implementing directive for this order. This authorization of access may not be further delegated by the Governor to any other person.

(c) All clearances granted to SLTPS personnel, as well as accreditations granted to SLTPS facilities without a waiver, shall be accepted reciprocally by all agencies and SLTPS entities.

(d) Physical custody of classified information by State, local, and tribal (SLT) entities shall be limited to Secret information unless the location housing the information is under the full-time management, control, and operation of the Department of Homeland Security or another agency. A standard security agreement, established by the Department of Homeland Security in consultation with the SLTPS Advisory Committee, shall be executed between the head of the SLT entity and the U.S. Government for those locations where the SLT entity will maintain physical custody of classified information.

(e) State, local, and tribal facilities where classified information is or will be used or stored shall be inspected, accredited, and monitored for compliance with established standards, in accordance with Executive Order 13526 and the implementing directive for this order, by the Department of Homeland Security or another agency that has entered into an agreement with the Department of Homeland Security to perform such inspection, accreditation, and monitoring.

(f) Private sector facilities where classified information is or will be used or stored shall be inspected, accredited, and monitored for compliance with standards established pursuant to Executive Order 12829, as amended, by the Department of Defense or the cognizant security agency under Executive Order 12829, as amended.

(g) Access to information systems that store, process, or transmit classified information shall be enforced by the rules established by the agency that controls the system and consistent with approved dissemination and handling markings applied by originators, separate from and in addition to criteria for determining eligibility for access to classified information. Access to information within restricted portals shall be based on criteria applied by  the agency that controls the portal and consistent with approved dissemination and handling markings applied by originators.

(h) The National Industrial Security Program established in Executive Order 12829, as amended, shall govern the access to and safeguarding of classified information that is released to contractors, licensees, and grantees of SLT entities.

(i) All access eligibility determinations and facility security accreditations granted prior to the date of this order that do not meet the standards set forth in this order or its implementing directive shall be reconciled with those standards within a reasonable period.

(j) Pursuant to section 4.1

(i)(3) of Executive Order 13526, documents created prior to the effective date of Executive Order 13526 shall not be redisseminated to other entities without the consent of the originating agency. An agency head or senior agency official may waive this requirement for specific information that originated within that agency.


Sec. 2.  Policy Direction. With policy guidance from the National Security Advisor and in consultation with the Director of the Information Security Oversight Office, the Director of the Office of Management and Budget, and the heads of affected agencies, the Secretary of Homeland Security shall serve as the Executive Agent for the Program. This order does not displace any authorities provided by law or Executive Order and the Executive Agent shall, to the extent practicable, make use of existing structures and authorities to preclude duplication and to ensure efficiency.

 
Sec. 3.  SLTPS Policy Advisory Committee.

(a) There is established an SLTPS Policy Advisory Committee (Committee) to discuss Program-related policy issues in dispute in order to facilitate their resolution and to otherwise recommend changes to policies and procedures that are designed to remove undue impediments to the sharing of information under the Program. The Director of the Information Security Oversight Office shall serve as Chair of the Committee. An official designated by the Secretary of Homeland Security and a representative of SLTPS entities shall serve as Vice Chairs of the Committee. Members of the Committee shall include designees of the heads of the Departments of State, Defense, Justice, Transportation, and Energy, the Nuclear Regulatory Commission, the Office of the Director of National Intelligence, the Central Intelligence Agency, and the Federal Bureau of Investigation. Members shall also include employees of other agencies and representatives of SLTPS entities, as nominated by any Committee member and approved by the Chair.

(b) Members of the Committee shall serve without compensation for their work on the Committee, except that any representatives of SLTPS entities may be allowed travel expenses, including per diem in lieu of subsistence,  as authorized by law for persons serving intermittently in the Government service (5 U.S.C. 5701–5707).

(c) The Information Security Oversight Office shall provide staff support to the Committee.

(d) Insofar as the Federal Advisory Committee Act, as amended (5 App. U.S.C.)(the ‘‘Act’’) may apply to this order, any functions of the President under that Act, except that of reporting to the Congress, which are applicable to the Committee, shall be performed by the Administrator of General Services in accordance with guidelines and procedures established by the General Services Administration.

 
Sec. 4.  Operations and Oversight.

(a) The Executive Agent for the Program shall perform the following responsibilities:

(1) overall program management and oversight;

(2) accreditation, periodic inspection, and monitoring of all facilities owned or operated by SLT entities that have access to classified information, except when another agency has entered into an agreement with the Department of Homeland Security to perform some or all of these functions;

(3) processing of security clearance applications by SLTPS personnel, when requested by a sponsoring agency, on a reimbursable basis unless otherwise determined by the Department of Homeland Security and the sponsoring agency;

(4) documenting and tracking the final status of security clearances for all SLTPS personnel in consultation with the Office of Personnel Management, the Department of Defense, and the Office of the Director of National Intelligence;

(5) developing and maintaining a security profile of SLT facilities that have access to classified information; and

(6) developing training, in consultation with the Committee, for all SLTPS personnel who have been determined eligible for access to classified information, which shall cover the proper safeguarding of classified information and sanctions for unauthorized disclosure of classified information.

(b) The Secretary of Defense, or the cognizant security agency under Executive Order 12829, as amended, shall provide program management, oversight, inspection, accreditation, and monitoring of all private sector facilities that have access to classified information.

(c) The Director of National Intelligence may inspect and monitor SLTPS programs and facilities that involve access to information regarding intelligence sources, methods, and activities.

(d) Heads of agencies that sponsor SLTPS personnel and facilities for  access to and storage of classified information under section 1.3

(a) of this order shall:

(1) ensure on a periodic basis that there is a demonstrated, foreseeable need for such access; and

(2) provide the Secretary of Homeland Security with information, as requested by the Secretary, about SLTPS personnel sponsored for security clearances and SLT facilities approved for use of classified information prior to and after the date of this order, except when the disclosure of the association of a specific individual with an intelligence or law enforcement agency must be protected in the interest of national security, as determined by the intelligence or law enforcement agency.


Sec. 5.  Definitions. For purposes of this order:

(a) ‘‘Access’’ means the ability or opportunity to gain knowledge of classified information.

(b) ‘‘Agency’’ means any ‘‘Executive agency’’ as defined in 5 U.S.C. 105; any military department as defined in 5 U.S.C. 102; and any other entity within the executive branch that comes into possession of classified information.

(c) ‘‘Classified National Security Information’’ or ‘‘classified information’’ means information that has been determined pursuant to Executive Order 13526, or any predecessor or successor order, to require protection against unauthorized disclosure, and is marked to indicate its classified status when in documentary form.

(d) ‘‘Information’’ means any knowledge that can be communicated or documentary material, regardless of its physical form or characteristics, that is owned by, produced by or for, or is under the control of the United States Government.

(e) ‘‘Intelligence activities’’ means all activities that elements of the Intelligence Community are authorized to conduct pursuant to law or Executive Order 12333, as amended, or a successor order.

(f) ‘‘Local’’ entities refers to ‘‘

(A) a county, municipality, city, town, township, local public authority, school district, special district, intrastate district, council of governments (regardless of whether the council of governments is incorporated as a nonprofit corporation under State law), regional or interstate government entity, or agency or instrumentality of a local government; and

(B) a rural community, unincorporated town or village, or other public entity’’ as defined in section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101(11)).

(g) ‘‘Private sector’’ means persons outside government who are critically involved in ensuring that public and private preparedness and response efforts are integrated as part of the Nation’s Critical Infrastructure or Key Resources (CIKR), including:

(1) corporate owners and operators determined by the Secretary of Homeland Security to be part of the CIKR;

(2) subject matter experts selected to assist the Federal or State CIKR;

(3) personnel serving in specific leadership positions of CIKR coordination, operations, and oversight;

(4) employees of corporate entities relating to the protection of CIKR; Or

 (5) other persons not otherwise eligible for the granting of a personnel security clearance pursuant to Executive Order 12829, as amended, who are determined by the Secretary of Homeland Security to require a personnel security clearance.

(h) ‘‘Restricted portal’’ means a protected community of interest or similar area housed within an information system and to which access is controlled by a host agency different from the agency that controls the information system.

(i) ‘‘Sponsoring Agency’’ means an agency that recommends access to or possession of classified information by SLTPS personnel.

(j) ‘‘State’’ means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any possession of the United States, as defined in section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101(15)).

(k) ‘‘State, local, and tribal personnel’’ means any of the following persons:

(1) Governors, mayors, tribal leaders, and other elected or appointed officials of a State, local government, or tribe;

(2) State, local, and tribal law enforcement personnel and firefighters;

(3) public health, radiological health, and medical professionals of a State, local government, or tribe; and

(4) regional, State, local, and tribal emergency management agency personnel, including State Adjutants General and other appropriate public safety personnel and those personnel providing support to a Federal CIKR mission.

(l) ‘‘Tribe’’ means any Indian or Alaska Native tribe, band, nation, pueblo, village, or community that the Secretary of the Interior acknowledges to exist as an Indian tribe as defined in the Federally Recognized Tribe List Act of 1994 (25 U.S.C. 479a(2)). (m) ‘‘United States’’ when used in a geographic sense, means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, any possession of the United States and any waters within the territorial jurisdiction of the United States.

 
Sec. 6.  General Provisions.

(a) This order does not change the requirements of Executive Orders 13526, 12968, 13467, or 12829, as amended, and their successor orders and directives.

(b) Nothing in this order shall be construed to supersede or change the authorities of the Secretary of Energy or the Nuclear Regulatory Commission under the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et seq.); the Secretary of Defense under Executive Order 12829, as amended; the Director of the Information Security Oversight Office under Executive Order 13526 and Executive Order 12829, as amended; the Attorney General under title 18, United States Code, and the Foreign Intelligence Surveillance Act (50 U.S.C. 1801 et seq.); the Secretary of State under title 22, United States Code, and the Omnibus Diplomatic Security and Antiterrorism Act of 1986; or the Director of National Intelligence under the National Security Act of 1947, as amended, Executive Order 12333, as amended, Executive Order 12968, as amended, Executive Order 13467, and Executive Order 13526.

(c) Nothing in this order shall limit the authority of an agency head, or the agency head’s designee, to authorize in an emergency and when necessary to respond to an imminent threat to life or in defense of the homeland, in accordance with section 4.2(b) of Executive Order 13526, the disclosure of classified information to an individual or individuals who are otherwise not eligible for access in accordance with the provisions of Executive Order 12968.

(d) Consistent with section 892(a)(4) of the Homeland Security Act of 2002 (6 U.S.C. 482(a)(4)), nothing in this order shall be interpreted as changing the requirements and authorities to protect sources and methods.

(e) Nothing in this order shall supersede measures established under the authority of law or Executive Order to protect the security and integrity of specific activities and associations that are in direct support of intelligence operations.

(f) Pursuant to section 892(e) of the Homeland Security Act of 2002 (6 U.S.C. 482(e)), all information provided to an SLTPS entity from an agency shall remain under the control of the Federal Government. Any State or local law authorizing or requiring disclosure shall not apply to such information.

(g) Nothing in this order limits the protection afforded any classified information by other provisions of law. This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

(h) Nothing in this order shall be construed to obligate action or otherwise affect functions by the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(i) This order shall be implemented subject to the availability of appropriations and consistent with procedures approved by the Attorney General pursuant to Executive Order 12333, as amended.

 
Sec. 7.  Effective Date. This order is effective 180 days from the date of this order with the exception of section 3, which is effective immediately.


-/S/- BARACK OBAMA

THE WHITE HOUSE,
August 18, 2010


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Ref Book - EO 13493

Executive Order 13493


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Review of Detention Policy Options

(Federal Register Vol. 74, No. 16 (January 27, 2009))


By the authority vested in me as President by the Constitution and the laws of the United States of America, in order to develop policies for the detention, trial, transfer, release, or other disposition of individuals captured or apprehended in connection with armed conflicts and counterterrorism operations that are consistent with the national security and foreign policy interests of the United States and the interests of justice, I hereby order as follows:


Section 1. Special Interagency Task Force on Detainee Disposition.

(a) Establishment of Special Interagency Task Force. There shall be established a Special Task Force on Detainee Disposition (Special Task Force) to identify lawful options for the disposition of individuals captured or apprehended in connection with armed conflicts and counterterrorism operations.

(b) Membership. The Special Task Force shall consist of the following members, or their designees:

(i)     the Attorney General, who shall serve as Co-Chair; 

(ii)    the Secretary of Defense, who shall serve as Co-Chair;

(iii)   the Secretary of State;

(iv)    the Secretary of Homeland Security;

(v)     the Director of National Intelligence;

(vi)    the Director of the Central Intelligence Agency;

(vii)   the Chairman of the Joint Chiefs of Staff; and

(viii)  other officers or full-time or permanent part-time employees of the United States, as determined by either of the Co-Chairs, with the concurrence of the head of the department or agency concerned.

(c) Staff. Either Co-Chair may designate officers and employees within their respective departments to serve as staff to support the Special Task Force. At the request of the Co-Chairs, officers and employees from other departments or agencies may serve on the Special Task Force with the concurrence of the heads of the departments or agencies that employ such individuals. Such staff

must be officers or full-time or permanent part-time employees of the United States. The Co-Chairs shall jointly select an officer or employee of the Department of Justice or Department of Defense to serve as the Executive Secretary of the Special Task Force.

(d) Operation. The Co-Chairs shall convene meetings of the Special Task Force, determine its agenda, and direct its work. The Co-Chairs may establish and direct subgroups of the Special Task Force, consisting exclusively of members of the Special Task Force, to deal with particular subjects.

(e) Mission. The mission of the Special Task Force shall be to conduct a comprehensive review of the lawful options available to the Federal Government with respect to the apprehension, detention, trial, transfer, release, or other disposition of individuals captured or apprehended in connection with armed conflicts and counterterrorism operations, and to identify such options as are consistent with the national security and foreign policy interests of the United States and the interests of justice.

(f) Administration. The Special Task Force shall be established for administrative purposes within the Department of Justice, and the Department of Justice shall, to the extent permitted by law and subject to the availability of appropriations, provide administrative support and funding for the Special Task Force.

(g) Report. The Special Task Force shall provide a report to the President, through the Assistant to the President for National Security Affairs and the Counsel to the President, on the matters set forth in subsection (d) within 180 days of the date of this order unless the Co-Chairs determine that an extension is necessary, and shall provide periodic preliminary reports during those 180 days.

(h) Termination. The Co-Chairs shall terminate the Special Task Force upon the completion of its duties.

 

Sec. 2. General Provisions.

(a) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

(b) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

 

-/S/- BARACK OBAMA

THE WHITE HOUSE,

January 22, 2009.


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Ref Book - EO 12731

Executive Order 12731


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Principles of ethical conduct for Government Officers and Employees

(Federal Register Vol. 60, No. 103 (October 17, 1990)

 
By virtue of the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to establish fair and exacting standards of ethical conduct for all executive branch employees, it is hereby ordered that Executive Order 12674 of April 12,1989, is henceforth modified to read as follows:

 
Principles of ethical conduct for government officers and employees

 
By virtue of the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to establish fair and exacting standards of ethical conduct for all executive branch employees, it is hereby ordered as follows:
 

Part 1 -- PRINCIPLES OF ETHICAL CONDUCT
 

Section 101.  Principles of Ethical Conduct. To ensure that every citizen can have complete confidence in the integrity of the Federal Government, each Federal employee shall respect and adhere to the fundamental principles of ethical service as implemented in regulations promulgated under sections 201 and 301 of this order:

(a) Public service is a public trust, requiring employees to place loyalty to the Constitution, the laws, and ethical principles above private gain.

(b) Employees shall not hold financial interests that conflict with the conscientious performance of duty.

(c) Employees shall not engage in financial transactions using nonpublic Government information or allow the improper use of such information to further any private interest.

(d) An employee shall not, except pursuant to such reasonable exceptions as are provided by regulation, solicit or accept any gift or other item of monetary value from any person or entity seeking official action from, doing business with, or conducting activities regulated by the employee's agency, or whose interests may be substantially affected by the performance or nonperformance of the employee's duties.

(e) Employees shall put forth honest effort in the performance of their duties.

(f) Employees shall make no unauthorized commitments or promises of any kind purporting to bind the Government.

(g) Employees shall not use public office for private gain.

(h) Employees shall act impartially and not give preferential treatment to any private organization or individual.

(i) Employees shall protect and conserve Federal property and shall not use it for other than authorized activities.

(j) Employees shall not engage in outside employment or activities, including seeking or negotiating for employment, that conflict with official Government duties and responsibilities.

(k) Employees shall disclose waste, fraud, abuse, and corruption to appropriate authorities.

(l) Employees shall satisfy in good faith their obligations as citizens, including all just financial obligations, especially those-- such as Federal, State, or local taxes -- that are imposed by law.

(m) Employees shall adhere to all laws and regulations that provide equal opportunity for all Americans regardless of race, color, religion, sex, national origin, age, or handicap.

(n) Employees shall endeavor to avoid any actions creating the appearance that they are violating the law or the ethical standards promulgated pursuant to this order.

 

Sec. 102  Limitations on Outside Earned Income.

(a) No employee who is appointed by the President to a full-time noncareer position in the executive branch (including full-time noncareer employees in the White House Office, the Office of Policy Development, and the Office of Cabinet Affairs), shall receive any earned income for any outside employment or activity performed during that Presidential appointment.

(b) The prohibition set forth in subsection (a) shall not apply to any full-time noncareer employees employed pursuant to 3 U.S.C. 105 and3 U.S.C. 107(a) at salaries below the minimum rate of basic pay then paid for GS-9 of the General Schedule. Any outside employment must comply with relevant agency standards of conduct, including any requirements for approval of outside employment.

 

PART II -- OFFICE OF GOVERNMENT ETHICS AUTHORITY

 

Sec. 201  The Office of Government Ethics. The Office of Government Ethics shall be responsible for administering this order by:

(a) Promulgating, in consultation with the Attorney General and the Office of Personnel Management, regulations that establish a single, comprehensive, and clear set of executive-branch standards of conduct that shall be objective, reasonable, and enforceable.

(b) Developing, disseminating, and periodically updating an ethics manual for employees of the executive branch describing the applicable statutes, rules, decisions, and policies.

(c) Promulgating, with the concurrence of the Attorney General, regulations interpreting the provisions of the post-employment statute, section 207 of title 18, United States Code; the general conflict-of-interest statute, section 208 of title 18, United States Code; and the statute prohibiting supplementation of salaries, section 209 of title 18, United States Code.

(d) Promulgating, in consultation with the Attorney General and the Office of Personnel Management, regulations establishing a system of nonpublic (confidential) financial disclosure by executive branch employees to complement the system of public disclosure under the Ethics in Government Act of 1978. Such regulations shall include criteria to guide agencies in determining which employees shall submit these reports.

(e) Ensuring that any implementing regulations issued by agencies under this order are consistent with and promulgated in accordance with this order.

 

Sec. 202.  Executive Office of the President. In that the agencies within the Executive Office of the President (EOP) currently exercise functions that are not distinct and separate from each other within the meaning and for the purposes of section 207(e) of title 18, United States Code, those agencies shall be treated as one agency under section 207(c) of title 18, United States Code.

 

PART III -- AGENCY RESPONSIBILITIES

 

Sec. 301.  Agency Responsibilities. Each agency head is directed to:

(a) Supplement, as necessary and appropriate, the comprehensive executive branch-wide regulations of the Office of Government Ethics, with regulations of special applicability to the particular functions and activities of that agency. Any supplementary agency regulations shall be prepared as addenda to the branch-wide regulations and promulgated jointly with the Office of Government Ethics, at the agency's expense, for inclusion in Title 5 of the Code of Federal Regulations.

(b) Ensure the review by all employees of this order and regulations promulgated pursuant to the order.

(c) Coordinate with the Office of Government Ethics in developing annual agency ethics training plans. Such training shall include mandatory annual briefings on ethics and standards of conduct for all employees appointed by the President, all employees in the Executive Office of the President, all officials required to file public or nonpublic financial disclosure reports, all employees who are contracting officers and procurement officials, and any other employees designated by the agency head.

(d) Where practicable, consult formally or informally with the Office of Government Ethics prior to granting any exemption under section 208 of title 18, United States Code, and provide the Director of the Office of Government Ethics a copy of any exemption granted.

(e) Ensure that the rank, responsibilities, authority, staffing, and resources of the Designated Agency Ethics Official are sufficient to ensure the effectiveness of the agency ethics program. Support should include the provision of a separate budget line item for ethics activities, where practicable.

 

PART IV -- DELEGATIONS OF AUTHORITY

 

Sec. 401.  Delegations to Agency Heads. Except in the case of the head of an agency, the authority of the President under sections 203(d), 205(e), and 208(b) of title 18, United States Code, to grant exemptions or approvals to individuals, is delegated to the head of the agency in which an individual requiring an exemption or approval is employed or to which the individual (or the committee, commission, board, or similar group employing the individual) is attached for purposes of administration.

 

Sec. 402.  Delegations to the Counsel to the President.

(a) Except as provided in section 401, the authority of the President under sections 203(d), 205(e), and 208(b) of title 18, United States Code, to grant exemptions or approvals for Presidential appointees to committees, commissions, boards, or similar groups established by the President is delegated to the Counsel to the President.

(b) The authority of the President under sections 203(d), 205(e), and 208(b) of title 18, United States Code, to grant exemptions or approvals for individuals appointed pursuant to 3 U.S.C. 105 and 3 U.S.C. 107(a),is delegated to the Counsel to the President.

 

Sec. 403.  Delegation Regarding Civil Service. The Office of Personnel Management and the Office of Government Ethics, as appropriate, are delegated the authority vested in the President by 5 U.S.C. 7301 to establish general regulations for the implementation of this Executive order.

 

PART V -- GENERAL PROVISIONS

 

Sec. 501.  Revocations. The following Executive orders are hereby revoked:

(a) Executive Order No. 11222 of May 8, 1965.

(b) Executive Order No. 12565 of September 25, 1986.

 

Sec. 502.  Savings Provisions.

(a) All actions already taken by the President or by his delegates concerning matters affected by this order and in force when this order is issued, including any regulations issued under Executive Order 11222, Executive Order 12565, or statutory authority, shall, except as they are irreconcilable with the provisions of this order or terminate by operation of law or by Presidential action, remain in effect until properly amended, modified, or revoked pursuant to the authority conferred by this order or any regulations promulgated under this order. Notwithstanding anything in section 102 of this order, employees may carry out preexisting contractual obligations entered into before April 12, 1989.

(b) Financial reports filed in confidence (pursuant to the authority of Executive Order No. 11222, 5 C.F.R. Part 735, and individual agency regulations) shall continue to be held in confidence.

 

Sec. 503.  Definitions. For purposes of this order, the term:

(a) 'Contracting officers and procurement officials' means all such officers and officials as defined in the Office of Federal Procurement Policy Act Amendments of 1988.

(b) 'Employee' means any officer or employee of an agency, including a special Government employee.

(c) 'Agency' means any executive agency as defined in 5 U.S.C. 105,including any executive department as defined in 5 U.S.C. 101, Government corporation as defined in 5 U.S.C. 103, or an independent establishment in the executive branch as defined in 5 U.S.C. 104 (other than the General Accounting Office), and the United States Postal Service and Postal Rate Commission.

(d) 'Head of an agency' means, in the case of an agency headed by more than one person, the chair or comparable member of such agency.

(e) 'Special Government employee' means a special Government employee as defined in 18 U.S.C. 202(a).

 

Sec. 504.  Judicial Review. This order is intended only to improve the internal management of the executive branch and is not intended to create any right or benefit, substantive or procedural, enforceable at law by a party against the United States, its agencies, its officers, or any person.

 

-/S/-George Bush

The White House,

October 17, 1990.



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