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To read the entire provisions from Congress's legislation server, go to: Excerpts from Senate Amendment S.A.1562 to House Bill H.R.2500With New System Cracker Wiretap Provisions (Sep. 13, 2001)S.AMDT.1562Amends: H.R.2500 Sponsor: Sen Hatch, Orrin G.(submitted 9/13/2001) (proposed 9/13/2001)
AMENDMENT PURPOSE: TEXT OF AMENDMENT AS SUBMITTED: CR S9401-9402
STATUS:
COSPONSORS(7): On page 116, between lines 9 and 10, insert the following: TITLE VIII--TERRORISMSEC. 801. SHORT TITLE.This title may be cited as the ``Combating Terrorism Act of 2001''. [...] [Subtitle A]SEC. 816. DISCLOSURE BY LAW ENFORCEMENT AGENCIES OF CERTAIN INTELLIGENCE OBTAINED BY INTERCEPTION OF COMMUNICATIONS.(a) REPORT ON AUTHORITIES RELATING TO SHARING OF CRIMINAL WIRETAP INFORMATION.--Not later than 60 days after the date of the enactment of this Act, the President shall submit to Congress a report on the legal authorities that govern the sharing of criminal wiretap information under applicable Federal laws, including section 104 of the National Security Act of 1947 (50 U.S.C. 403-4). (b) ELEMENTS.--The report under subsection (a) shall include-- (1) a description of the type of information that can be shared by the Department of Justice, or other law enforcement agencies, with other elements of the intelligence community; and (2) any recommendations that the President considers appropriate, including a proposal for legislation to implement such recommendations, to improve the capability of the Department of Justice, or other law enforcement agencies, to share foreign intelligence information or counterintelligence information with other elements of the intelligence community on matters such as counterterrorism. (c) DEFINITIONS.--In this section: (1) FOREIGN INTELLIGENCE, COUNTERINTELLIGENCE.--The terms ``foreign intelligence'' and ``counterintelligence'' have the meanings given those terms in section 3 of the National Security Act of 1947 (50 U.S.C. 401a). (2) ELEMENT OF THE INTELLIGENCE COMMUNITY.--The term ``element of the intelligence community'' means any element of the intelligence community specified or designated under section 3(4) of the National Security Act of 1947. [...] Subtitle B--Criminal MattersSEC. 832. MODIFICATION OF AUTHORITIES RELATING TO USE OF PEN REGISTERS AND TRAP AND TRACE DEVICES.(a) GENERAL LIMITATION ON USE BY GOVERNMENTAL AGENCIES.--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 and electronic communications''. (b) ISSUANCE OF ORDERS.-- (1) IN GENERAL.--Subsection (a) of section 3123 of that title is amended to read as follows: ``(a) IN GENERAL.--(1) Upon an application made under section 3122(a)(1) of this title, the court shall enter an ex parte order authorizing the installation and use of a pen register or trap and trace device 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 shall, upon service of the order, apply to any entity providing wire or electronic communication service in the United States whose assistance is required to effectuate the order. ``(2) Upon an application made under section 3122(a)(2) of this title, 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 investigative or law enforcement 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.''. (2) CONTENTS OF ORDER.--Subsection (b)(1) of that section 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 new subparagraph (C): ``(C) a description 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.--Subsection (d)(2) of that section 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) EMERGENCY INSTALLATION.-- (1) AUTHORITY FOR UNITED STATES ATTORNEYS.--Section 3125(a) of that title is amended in the matter preceding paragraph (1)-- (A) by striking ``or any Deputy Assistant Attorney General,'' and inserting ``any Deputy Assistant Attorney General, or any United States Attorney,''. (2) EXPANSION OF EMERGENCY CIRCUMSTANCES.--Section 3125(a)(1) of that title is amended-- (A) in subparagraph (A), by striking ``or'' at the end; (B) in subparagraph (B), by striking the comma at the end and inserting a semicolon; and (C) by inserting after subparagraph (B) the following new subparagraphs: ``(C) immediate threat to the national security interests of the United States; ``(D) immediate threat to public health or safety; or ``(E) an attack on the integrity or availability of a protected computer which attack would be an offense punishable under section 1030(c)(2)(C) of this title,''. (d) DEFINITIONS.-- (1) COURT OF COMPETENT JURISDICTION.--Paragraph (2) of section 3127 of that title is amended by striking subparagraph (A) and inserting the following new subparagraph (A): ``(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.--Paragraph (3) of that section is amended-- (A) by striking ``electronic or other impulses'' and all that follows through ``is attached'' and inserting ``dialing, routing, addressing, or signalling information transmitted by an instrument or facility from which a wire or electronic communication is transmitted''; and (B) by inserting ``or process'' after ``device'' each place it appears. (3) TRAP AND TRACE DEVICE.--Paragraph (4) of that section is amended-- (A) by inserting ``or process'' after ``a device''; and (B) by striking ``of an instrument'' and all that follows through the end and inserting ``or other dialing, routing, addressing, and signalling information relevant to identifying the source of a wire or electronic communication;''. SEC. 833. AUTHORITY TO INTERCEPT WIRE, ORAL, AND ELECTRONIC COMMUNICATIONS RELATING TO TERRORISM OFFENSES.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 sections 2332, 2332a, 2332b, 2332d, 2339A, or 2339B of this title (relating to terrorism); or''. SEC. 834. AUTHORITY TO INTERCEPT WIRE, ORAL, AND ELECTRONIC COMMUNICATIONS RELATING TO COMPUTER FRAUD AND ABUSE.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),'. [end] Full text of entire amendment:
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