Page:United States Statutes at Large Volume 114 Part 5.djvu/839

 PUBLIC LAW 106-567—DEC. 27, 2000 114 STAT. 2853 (b) PROBABLE CAUSE.— Section 304 of that Act (50 U.S.C. 1824) is amended— (1) by redesignating subsections (b), (c), (d), and (e) as subsections (c), (d), (e), and (f), respectively; and (2) by inserting after subsection (a) the following new subsection (b): "(b) In determining whether or not probable cause exists for purposes of an order under subsection (a)(3), a judge may consider past activities of the target, as well as facts and circumstances relating to current or future activities of the target.". SEC. 604. DISCLOSURE OF INFORMATION ACQUIRED UNDER THE FOR- EIGN INTELLIGENCE SURVEILLANCE ACT OF 1978 FOR LAW ENFORCEMENT PURPOSES. (a) INCLUSION OF INFORMATION ON DISCLOSURE IN SEMIANNUAL OVERSIGHT REPORT. —Section 108(a) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1808(a)) is amended— (1) by inserting "(1)" after "(a)"; and (2) by adding at the end the following new paragraph: "(2) Each report under the first sentence of paragraph (1) shall include a description of— "(A) each criminal case in which information acquired under this Act has been passed for law enforcement purposes during the period covered by such report; and "(B) each criminal case in which information acquired under this Act has been authorized for use at trial during such reporting period.". (b) REPORT ON MECHAMSMS FOR DETERMINATIONS OF DISCLO- 50 USC 18O6 SURE OF INFORMATION FOR LAW ENFORCEMENT PURPOSES.—(1) The note. Attorney General shall submit to the appropriate committees of Congress a report on the authorities and procedures utilized by the Department of Justice for determining whether or not to disclose information acquired under the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) for law enforcement purposes. (2) In this subsection, the term "appropriate committees of Congress" means the following: (A) The Select Committee on Intelligence and the Committee on the Judiciary of the Senate. (B) The Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives. SEC. 605. COORDINATION OF COUNTERINTELLIGENCE WITH THE FED- ERAL BUREAU OF INVESTIGATION. (a) TREATMENT OF CERTAIN SUBJECTS OF INVESTIGATION.—Subsection (c) of section 811 of the Intelligence Authorization Act for Fiscal Year 1995 (50 U.S.C. 402a) is amended— (1) in paragraphs (1) and (2), by striking "paragraph (3)" and inserting "paragraph (5)"; (2) by redesignating paragraphs (3), (4), (5), and (6) as paragraphs (5), (6), (7), and (8), respectively; (3) by inserting after paragraph (2) the following new paragraph (3): "(3)(A) The Director of the Federal Bureau of Investigation shall submit to the head of the department or agency concerned a written assessment of the potential impact of the actions of the department or agency on a counterintelligence investigation. "(B) The head of the department or agency concerned shall—

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