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Remarks by President Bush at Signing of USA Patriot Act of 2001
US Newswire ^ | 10/26/01 | George W. Bush

Posted on 10/26/2001 9:17:04 AM PDT by Native American Female Vet

Remarks by President Bush at Signing of USA Patriot Act of 2001

U.S.Newswire, 10/26/2001 12:03

To: National Desk

Contact: White House Press Office, 202-483-8932 WASHINGTON, Oct. 26 /U.S. Newswire/ -- The following was released today by the White House:

The East Room

9:49 A.M. EDT

THE PRESIDENT: Good morning and welcome to the White House. Today, we take an essential step in defeating terrorism, while protecting the constitutional rights of all Americans. With my signature, this law will give intelligence and law enforcement officials important new tools to fight a present danger.

I commend the House and Senate for the hard work they put into this legislation. Members of Congress and their staffs spent long nights and weekends to get this important bill to my desk. I appreciate their efforts, and bipartisanship, in passing this new law.

I want to thank the Vice President and his staff for working hard to make sure this law was passed. I want to thank the Secretary of State and the Secretary of Treasury for being here, both of whom lead important parts of our war against terrorism. I want to thank Attorney General John Ashcroft for spending a lot of time on the Hill to make the case for a balanced piece of legislation. I want to thank the Director of the FBI and the Director of the CIA for waging an incredibly important part on the two-front war -- one overseas, and a front here at home.

I want to thank Governor Tom Ridge for his leadership. I want to thank the members of Congress who are here on the stage, the Leaders, on this impressive effort. Senator Hatch and Senator Leahy and Senator Sarbanes and Senator Graham and Senator Reid.

I also want to thank Representative Porter Goss, LaFalce, Oxley, and Sensenbrenner for their hard work. And I want to welcome the men and women of law enforcement who are here in the White House with us today, as well.

The changes, effective today, will help counter a threat like no other our nation has ever faced. We've seen the enemy, and the murder of thousands of innocent, unsuspecting people. They recognize no barrier of morality. They have no conscience. The terrorists cannot be reasoned with. Witness the recent anthrax attacks through our Postal Service.

Our country is grateful for the courage the Postal Service has shown during these difficult times. We mourn the loss of the lives of Thomas Morris and Joseph Curseen; postal workers who died in the line of duty. And our prayers go to their loved ones.

I want to assure postal workers that our government is testing more than 200 postal facilities along the entire Eastern corridor that may have been impacted. And we will move quickly to treat and protect workers where positive exposures are found.

But one thing is for certain: These terrorists must be pursued, they must be defeated, and they must be brought to justice. (Applause.) And that is the purpose of this legislation. Since the 11th of September, the men and women of our intelligence and law enforcement agencies have been relentless in their response to new and sudden challenges.

We have seen the horrors terrorists can inflict. We may never know what horrors our country was spared by the diligent and determined work of our police forces, the FBI, ATF agents, federal marshals, Custom officers, Secret Service, intelligence professionals and local law enforcement officials, under the most trying conditions. They are serving this country with excellence, and often with bravery.

They deserve our full support and every means of help that we can provide. We're dealing with terrorists who operate by highly sophisticated methods and technologies, some of which were not even available when our existing laws were written. The bill before me takes account of the new realities and dangers posed by modern terrorists. It will help law enforcement to identify, to dismantle, to disrupt, and to punish terrorists before they strike.

For example, this legislation gives law enforcement officials better tools to put an end to financial counterfeiting, smuggling and money-laundering. Secondly, it gives intelligence operations and criminal operations the chance to operate not on separate tracks, but to share vital information so necessary to disrupt a terrorist attack before it occurs.

As of today, we're changing the laws governing information-sharing. And as importantly, we're changing the culture of our various agencies that fight terrorism. Countering and investigating terrorist activity is the number one priority for both law enforcement and intelligence agencies.

Surveillance of communications is another essential tool to pursue and stop terrorists. The existing law was written in the era of rotary telephones. This new law that I sign today will allow surveillance of all communications used by terrorists, including e-mails, the Internet, and cell phones.

As of today, we'll be able to better meet the technological challenges posed by this proliferation of communications technology. Investigations are often slowed by limit on the reach of federal search warrants.

Law enforcement agencies have to get a new warrant for each new district they investigate, even when they're after the same suspect. Under this new law, warrants are valid across all districts and across all states. And, finally, the new legislation greatly enhances the penalties that will fall on terrorists or anyone who helps them.

Current statutes deal more severely with drug-traffickers than with terrorists. That changes today. We are enacting new and harsh penalties for possession of biological weapons. We're making it easier to seize the assets of groups and individuals involved in terrorism. The government will have wider latitude in deporting known terrorists and their supporters. The statute of limitations on terrorist acts will be lengthened, as will prison sentences for terrorists.

This bill was carefully drafted and considered. Led by the members of Congress on this stage, and those seated in the audience, it was crafted with skill and care, determination and a spirit of bipartisanship for which the entire nation is grateful. This bill met with an overwhelming -- overwhelming agreement in Congress, because it upholds and respects the civil liberties guaranteed by our Constitution.

This legislation is essential not only to pursuing and punishing terrorists, but also preventing more atrocities in the hands of the evil ones. This government will enforce this law with all the urgency of a nation at war. The elected branches of our government, and both political parties, are united in our resolve to fight and stop and punish those who would do harm to the American people.

It is now my honor to sign into law the USA Patriot Act of 2001. (Applause.)

(The bill is signed.) (Applause.)

END 10:57 A.M. EDT


TOPICS: Extended News; Government; News/Current Events
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Comment #151 Removed by Moderator

To: Native American Female Vet
"Why have I sat for hours reading, emailing, calling, sending letters and protesting to stop this?"

Now, you know that our congresscritters could not open their mail (anthrax), look at their email (the building was closed) or get any negative feedback from the people.

This was the perfect opportunity to destroy the freedoms of the citizens while claiming that they never heard any objection.

152 posted on 10/27/2001 7:34:18 AM PDT by wcbtinman
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Comment #153 Removed by Moderator

Comment #154 Removed by Moderator

Comment #155 Removed by Moderator

Comment #156 Removed by Moderator

To: GinaL
"Everything else will work itself out in the end."

And that's what I'm afraid of. Working this out might get someone hurt.

157 posted on 10/27/2001 7:57:48 AM PDT by wcbtinman
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Comment #158 Removed by Moderator

To: wcbtinman
I did not think about it that way and I would not be suprised at all for Hillary to actually say something like that lol
159 posted on 10/27/2001 8:09:33 AM PDT by Native American Female Vet
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To: D Joyce
Have you tryed to read any of it yet? I have. Some pretty scary stuff. I'm going to post some of the things on here after I have coffee.
160 posted on 10/27/2001 8:13:28 AM PDT by Native American Female Vet
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Comment #161 Removed by Moderator

Comment #162 Removed by Moderator

To: Twodees
"Since when do we allow insurance companies to dictate policy?"

They don't dictate policy, but you will find in most insurance policies, statements that acts of war are not covered losses. The contract states nothing about there having to be a state of war, declared or not, existing prior to the loss. Having said that, I think many will pay as a PR device.

Or, are you for having the govt arbitrarily changing the terms of a signed contract for the purposes of social engineering or political expedience?

163 posted on 10/27/2001 8:27:30 AM PDT by wcbtinman
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Comment #164 Removed by Moderator

To: Baseballguy
hate Crime = Terrorist
165 posted on 10/27/2001 8:44:58 AM PDT by freedomnews
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To: D Joyce
The summary in the link from Sandy has changed and it is even harder to read now. A great deal of it I cant make heads or tails of.
166 posted on 10/27/2001 8:45:57 AM PDT by Native American Female Vet
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To: Native American Female Vet
because of the UN ,open boarders ,visa - we can kiss our Freedommmmmmmmmmmm goodbuy Welcome to the POLICESTATE OF AMERICA
167 posted on 10/27/2001 8:47:59 AM PDT by freedomnews
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Comment #168 Removed by Moderator

To: Texasforever
They have ears, but do not hear. They have eyes, but do not see. No point discussing anything with people that are blind to what is really happening. Why would you think that I would discontinue posting my objections? Keep your s security and I will continue to exercise my freedom speak openly.
One of us is wrong about this issue and only time will tell who it is.
I don't look at laws in the immediate, I look at them for the damage they can do in the future and this is a bad law.
169 posted on 10/27/2001 8:50:29 AM PDT by poet
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To: Native American Female Vet
THE bill is HR3162 put it up on fr so veryone can see it and read it


to see for them self that it take up into a POILCESTATE

170 posted on 10/27/2001 8:53:30 AM PDT by freedomnews
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To: CWOJackson; ratcat
Ratcat. -- Don't believe Jackson.. He will claim anything to make a point. -- This is from a recently introduced Senate Bill - S1359;

--- [Page: S8919] ----    But, while the treatment of Japanese Americans has finally received the attention it deserves by the public, most Americans have never even heard about the approximately 11,000 ethnic Germans living in America, the 3,200 ethnic Italians living in America, or the scores of ethnic Bulgarians, Hungarians, Rumanians or other European Americans who were taken from their homes and placed into internment camps during World War II. Hundreds remained interned for up to three years after the war was over.

171 posted on 10/27/2001 8:53:43 AM PDT by tpaine
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To: Native American Female Vet
The text of HR3162 has not yet been received from GPO Bills are generally sent to the Library of Congress from the Government Printing Office a day or two after they are introduced on the floor of the House or Senate. Delays can occur when there are a large number of bills to prepare or when a very large bill has to be printed
172 posted on 10/27/2001 8:55:59 AM PDT by freedomnews
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To: Native American Female Vet
List Of Words in Bill Text for the 107th Congress starting with: HR3162 = POLICESTATE LOOK FOR YOUR SELF
173 posted on 10/27/2001 9:00:21 AM PDT by freedomnews
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SEC. 203. AUTHORITY TO SHARE CRIMINAL INVESTIGATIVE INFORMATION.

(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.´.

174 posted on 10/27/2001 9:06:45 AM PDT by Native American Female Vet
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Comment #175 Removed by Moderator

To: freedomnews
I am going through it now. way to big to post, HOWEVER I may take what I post from it here and start a thread.
176 posted on 10/27/2001 9:11:26 AM PDT by Native American Female Vet
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To: D Joyce
"It's called obfuscation. If the average citizen can't understand it, they will ignore it and all is protected, within government."

That is very true. I am use to reading this stuff and I'm confused

177 posted on 10/27/2001 9:15:06 AM PDT by Native American Female Vet
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Comment #178 Removed by Moderator

To: freedomnews
I get this when I try your link "Error in at line 216 in query.c"
179 posted on 10/27/2001 9:21:00 AM PDT by Native American Female Vet
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Comment #180 Removed by Moderator

To: Native American Female Vet
THE NEW POLICESTATE BILL LOOK FOR YOUR SELF
181 posted on 10/27/2001 9:24:43 AM PDT by freedomnews
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Comment #182 Removed by Moderator

Who can tell me anything about this 1978 law?

SEC. 207. DURATION OF FISA SURVEILLANCE OF NON-UNITED STATES PERSONS WHO ARE AGENTS OF A FOREIGN POWER. (a) DURATION -

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

(A) inserting `(A)´ after `except that´; and

(B) inserting before the period the 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),´.

183 posted on 10/27/2001 9:33:52 AM PDT by Native American Female Vet
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Comment #184 Removed by Moderator

To: D Joyce
I supported Bush AND I read it. ALL of it. And I am not happy about it...OK..D??

I am a Freeper first and foremost, and then a conservative. I wouldn't be here if I blindly supported ANYONE.

185 posted on 10/27/2001 9:38:40 AM PDT by homegroan
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Ok..what is missing here?

SEC. 213. AUTHORITY FOR DELAYING NOTICE OF THE EXECUTION OF A WARRANT.

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.´.

186 posted on 10/27/2001 9:42:48 AM PDT by Native American Female Vet
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To: amundsen
"What is it about his family that makes them particularly fit to RULE us?"

They'll get it Right yet. Still plenty of Bandwagon Riders to keep the Game Going.

"If this were a dictatorship, it'd be a heck of a lot easier, just so long as I'm the dictator." G.W. Bush --- 12/18/00

See CNN transcript from 12/18/2000:

http://www.cnn.com/TRANSCRIPTS/

http://www.cnn.com/TRANSCRIPTS/0012/18/nd.01.html

187 posted on 10/27/2001 9:46:54 AM PDT by rdavis84
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Comment #188 Removed by Moderator

SEC. 214. PEN REGISTER AND TRAP AND TRACE AUTHORITY UNDER FISA.

(a) APPLICATIONS AND ORDERS- Section 402 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1842) is amended--

(1) in subsection (a)(1), by striking `for any investigation to gather foreign intelligence information or information 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´

189 posted on 10/27/2001 9:54:02 AM PDT by Native American Female Vet
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SEC. 502. CONGRESSIONAL OVERSIGHT.

`(a) On a semiannual basis, the Attorney General shall fully inform the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate concerning all requests for the production of tangible things under section 402.

`(b) On a semiannual basis, the Attorney General shall provide to the Committees on the Judiciary of the House of Representatives and the Senate a report setting forth with respect to the preceding 6-month period--

`(1) the total number of applications made for orders approving requests for the production of tangible things under section 402; and

`(2) the total number of such orders either granted, modified, or denied.´

190 posted on 10/27/2001 9:59:20 AM PDT by Native American Female Vet
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SEC. 216. MODIFICATION OF AUTHORITIES RELATING TO USE OF PEN REGISTERS AND TRAP AND TRACE DEVICES.

(a) GENERAL LIMITATIONS- Section 3121(c) of title 18, United States Code, is amended--

(1) by inserting `or trap and trace device´ after `pen register´;

(2) by inserting `, routing, addressing,´ after `dialing´; and

(3) by striking `call processing´ and inserting `the processing and transmitting of wire or electronic communications so as not to include the contents of any wire or electronic communications´

. (b) ISSUANCE OF ORDERS-

(1) IN GENERAL- Section 3123(a) of title 18, United States Code, is amended to read as follows:

`(a) IN GENERAL-

`(1) ATTORNEY FOR THE GOVERNMENT- Upon an application made under section 3122(a)(1), the court shall enter an ex parte order authorizing the installation and use of a pen register or trap and trace device anywhere within the United States, if the court finds that the attorney for the Government has certified to the court that the information likely to be obtained by such installation and use is relevant to an ongoing criminal investigation. The order, upon service of that order, shall apply to any person or entity providing wire or electronic communication service in the United States whose assistance may facilitate the execution of the order. Whenever such an order is served on any person or entity not specifically named in the order, upon request of such person or entity, the attorney for the Government or law enforcement or investigative officer that is serving the order shall provide written or electronic certification that the order applies to the person or entity being served.

`(2) STATE INVESTIGATIVE OR LAW ENFORCEMENT OFFICER-

Upon an application made under section 3122(a)(2), the court shall enter an ex parte order authorizing the installation and use of a pen register or trap and trace device within the jurisdiction of the court, if the court finds that the State law enforcement or investigative officer has certified to the court that the information likely to be obtained by such installation and use is relevant to an ongoing criminal investigation.

`(3)(A) Where the law enforcement agency implementing an ex parte order under this subsection seeks to do so by installing and using its own pen register or trap and trace device on a packet-switched data network of a provider of electronic communication service to the public, the agency shall ensure that a record will be maintained which will identify--

`(i) any officer or officers who installed the device and any officer or officers who accessed the device to obtain information from the network;

`(ii) the date and time the device was installed, the date and time the device was uninstalled, and the date, time, and duration of each time the device is accessed to obtain information;

`(iii) the configuration of the device at the time of its installation and any subsequent modification thereof; and

`(iv) any information which has been collected by the device.

To the extent that the pen register or trap and trace device can be set automatically to record this information electronically, the record shall be maintained electronically throughout the installation and use of such device.

`(B) The record maintained under subparagraph (A) shall be provided ex parte and under seal to the court which entered the ex parte order authorizing the installation and use of the device within 30 days after termination of the order (including any extensions thereof).´.

(2) CONTENTS OF ORDER- Section 3123(b)(1) of title 18, United States Code, is amended-- (A) in subparagraph (A)--

(i) by inserting `or other facility´ after `telephone line´; and

(ii) by inserting before the semicolon at the end `or applied´; and

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

`(C) the attributes of the communications to which the order applies, including the number or other identifier and, if known, the location of the telephone line or other facility to which the pen register or trap and trace device is to be attached or applied, and, in the case of an order authorizing installation and use of a trap and trace device under subsection (a)(2), the geographic limits of the order; and´.

(3) NONDISCLOSURE REQUIREMENTS- Section 3123(d)(2) of title 18, United States Code, is amended-- (A) by inserting `or other facility´ after `the line´; and

(B) by striking `, or who has been ordered by the court´ and inserting `or applied, or who is obligated by the order´.

(c) DEFINITIONS-

(1) COURT OF COMPETENT JURISDICTION- Section 3127(2) of title 18, United States Code, is amended by striking subparagraph (A) and inserting the following:

`(A) any district court of the United States (including a magistrate judge of such a court) or any United States court of appeals having jurisdiction over the offense being investigated; or´. (2) PEN REGISTER- Section 3127(3) of title 18, United States Code, is amended--

191 posted on 10/27/2001 10:06:16 AM PDT by Native American Female Vet
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Comment #192 Removed by Moderator

SEC. 223. CIVIL LIABILITY FOR CERTAIN UNAUTHORIZED DISCLOSURES.

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

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

(2) by adding at the end the following:

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

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

`(g) IMPROPER DISCLOSURE IS VIOLATION- Any willful disclosure or use by an investigative or law enforcement officer or governmental entity of information beyond the extent permitted by section 2517 is a violation of this chapter for purposes of section 2520(a).

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

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

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

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

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

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

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

`Sec. 2712. Civil actions against the United States

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

`(1) actual damages, but not less than $10,000, whichever amount is greater; and `(2) litigation costs, reasonably incurred.

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

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

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

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

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

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

`(d) EXCLUSIVE REMEDY- Any action against the United States under this subsection shall be the exclusive remedy against the United States for any claims within the purview of this section.

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

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

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

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

`2712. Civil action against the United States.´. SEC. 224. SUNSET.

(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.

193 posted on 10/27/2001 10:27:26 AM PDT by Native American Female Vet
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To: wcbtinman
What are you talking about? I'm for government abiding by the Constitution. This nonsense of "the president didn't declare war because of the hit insured people would take" is so stupid that I shouldn't even have tried to answer the moron who posted it. Anyone stupid enough to think that the president is the one who declares war needs to shut the hell up and stop interfering when the grownups are trying to talk.

I'm not going to discuss that nonsense further. Let's not argue here, tinman. We're on the same side. This Clancy sheep needs to read the Constitution and stop defending the moral retards who are destroying our form of government. I think he's the one you meant to respond to anyway.

194 posted on 10/27/2001 11:11:32 AM PDT by Twodees
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To: D Joyce
And who would you have in charge? Who did you vote for?
What can we do to prevent terrorist attacks?
Do you have any suggestions?
195 posted on 10/27/2001 11:31:41 AM PDT by homegroan
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To: Trog
Next, thousands of law-abiding (but mouthy) Americans will find themselves in a pen....."

Then they had better get me in first wave. If they don't, they will never spend another moment without fear. Sooner or later, I'm gonna be right behind them.

196 posted on 10/27/2001 11:58:21 AM PDT by wcbtinman
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To: D Joyce
Blah, blah, blah. Be afraid. Be very afraid. Booga booga, better go hide in a bunker.

(Yeah, I'm the one who's "...to (sic) stupid.")

Never forget...Bush is after YOU!!!!!!!!

197 posted on 10/27/2001 12:36:39 PM PDT by Deb
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Comment #198 Removed by Moderator

Comment #199 Removed by Moderator

To: lawyerswife
bump
200 posted on 10/27/2001 6:10:44 PM PDT by IRtorqued
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