Bill Summary & Status for the 107th Congress
Title: To deter and punish terrorist acts in the United States
and around the world, to enhance law enforcement investigatory
tools, and for other purposes.
Sponsor: Rep Sensenbrenner, F. James, Jr. [WI-9] (introduced
10/2/2001) Cosponsors: 26
Related Bills: H.RES.264, H.R.3162, S.1510
Latest Major Action: 10/15/2001 Senate preparation for floor.
Status: Received in the Senate. Read twice. Placed on Senate
Legislative Calendar under General Orders. Calendar No. 198.
Note: H.R. 3162, the USA PATRIOT Act, incorporated provisions
of two earlier anti-terrorism bills: H.R. 2975, which passed
the House on 10/12/2001; and S. 1510, which passed the Senate
on 10/11/2001. Provisions of H.R. 3004, the Financial Anti-Terrorism
Act, were incorporated as Title III in H.R. 3162. H.R. 3162 became
Public Law 107-56 on 10/26/2001.
SUMMARY AS OF:
is 1 other summary)
Provide Appropriate Tools Required to Intercept and Obstruct
Terrorism (PATRIOT) Act of 2001 - Amends the Federal criminal
code to: (1) apply a court order for a pen register or trap and
trace devices to any person or entity providing wire or electronic
communication service in the United States whose assistance may
facilitate execution of the order; (2) allow a trap and trace
device to identify the source (but not the contents) of a wire
or electronic communication; (3) permit seizure of voice mail
messages under a warrant; (4) make it lawful to intercept the
wire or electronic communication of a computer trespasser in
certain circumstances; (5) allow subpoenas for records of electronic
communications to include temporarily assigned network addresses;
(6) provide for nationwide service of search warrants for electronic
evidence; and (7) permit electronic communication and remote
computing service providers to make emergency disclosures to
a governmental entity of customer electronic communications to
protect life and limb.
Amends the Foreign Intelligence Surveillance Act of 1978 to:
(1) authorize 90-day orders of electronic surveillance and search
warrants regarding non-U.S. persons under foreign intelligence
surveillance; (2) require a court order approving an electronic
surveillance to direct any person to furnish necessary information,
facilities, or technical assistance in circumstances where the
Court finds that the actions of the surveillance target may have
the effect of thwarting the identification of a specified person;
(3) require an application for an electronic surveillance order
or search warrant to certify that a significant purpose (currently,
the sole or main purpose) of the surveillance is to obtain foreign
intelligence information; and (4) authorize the Director of the
Federal Bureau of Investigation (FBI) (or designee) to apply
for an court order requiring production of certain business records
for foreign intelligence and international terrorism investigations.
Makes it lawful for foreign intelligence information obtained
as part of a criminal investigation to be provided to any Federal
law-enforcement-, intelligence-, protective-, national-defense,
or immigration personnel, or the President or Vice President.
Repeals the requirement that the FBI Director (or designee)
certify the existence of specific and articulable facts that
a person or entity is believed to be a foreign power or its agent
when requesting a wire or electronic communication service provider
or consumer reporting agency to provide access to telephone toll,
electronic communication, and other specified transactional records
for counterintelligence purposes.
Authorizes the President to: (1) block during an investigation
any rights, power, or privilege with respect to, or transactions
involving, any property in which any foreign country or foreign
national has any interest; and (2) confiscate any property (subject
to U.S. jurisdiction) of a foreign country, organization, or
national against whom U.S. armed forces may be used pursuant
to a statute authorizing use of force, or that has been involved
in an armed attack against the United States.
Amends the Immigration and Nationality Act to broaden the scope
of aliens ineligible for admission and deportable due to terrorist
activities. Defines "terrorist organization" as: (1)
a designated foreign terrorist organization; or (2) a group of
two or more individuals which engages in, or has a significant
subgroup which engages in, specified terrorist-related activities.
Provides for the mandatory detention until removal from the
United States (regardless of any relief from removal) of an alien
certified by the Attorney General as a suspected terrorist or
threat to national security. Limits judicial review to habeas
corpus proceedings in the United States District Court for the
District of Columbia.
Broadens visa information disclosure provisions.
Authorizes appropriations for increased Border Patrol and Immigration
and Naturalization Service (INS) personnel on the Canadian border.
Provides for the sharing of certain FBI criminal history extracts
with the Department of State and the INS.
Provides for: (1) special immigrant status for certain alien
victims of terrorist activities; and (2) humanitarian relief
for certain surviving alien spouses and children of U.S. citizens
killed by such activities. (Excludes terrorists or family members
from such benefits.)
Amends the Federal criminal code to: (1) extend the statute
of limitations for Federal terrorism and specified other offenses
without limit; (2) provide for alternative maximum penalties
for terrorism crimes; (3) make the penalties for attempts and
conspiracies the same as the penalties for terrorism offenses;
(4) make specified terrorism crimes Racketeer Influenced And
Corrupt Organizations (RICO) statute predicates; (5) prescribe
penalties for knowing possession in certain circumstances of
biological agents, toxins, or delivery systems, especially by
certain restricted persons; (6) prescribe penalties for support
of terrorism through expert advice or assistance, and for harboring
any person known to have committed or to be about to commit a
terrorism offense; (7) increase to $10,000 the minimum civil
damages recoverable for violations of prohibitions against unlawful
governmental access to or disclosure of stored wire and electronic
communications and transactional records; (8) declare additional
extraterritorial Federal jurisdiction over any Federal terrorism
offense involving a U.S. national or directed at U.S. security
or interests; and (9) establish Federal jurisdiction over crimes
committed at U.S. facilities abroad.
Amends the Federal Rules of Criminal Procedure to permit: (1)
Federal magistrates in any district in which terrorism-related
activities may have occurred to issue search warrants for searches
within or outside the district; and (2) disclosure to specified
Federal personnel of Federal grand jury matters pertaining to
terrorism or national security.
Qualifies a Federal terrorism offense for collection of DNA
Establishes criminal penalties for: (1) interference with a
Federal law enforcement agent engaged in specified protective
functions of a special agent of the Department of State and the
Foreign Service; and (2) conduct directed against an individual
under the protection of such special agents.
Amends Federal criminal law to: (1) extend money laundering
penalties to the laundering of the proceeds of terrorism; and
(2) subject to civil forfeiture all assets, foreign or domestic,
of terrorist organizations.
Amends the Internal Revenue Code to authorize the Secretary
of the Treasury until January 1, 2004, to disclose to Federal
law enforcement agencies, in accordance with specified requirements,
tax return information that may be related to terrorism and national
security investigations, including the Department of Justice,
Department of the Treasury, and Federal intelligence agencies
for use by officers and employees (including State or local law
enforcement personnel part of a Federal team) who are personally
and directly engaged in such an investigation or response. Provides
for tax return information disclosures pursuant to an ex parte
order by a Federal district court judge or magistrate.
Amends Federal criminal law to subject to U.S. extraterritorial
jurisdiction any fraud and related activity in connection with
access devices (e.g., credit cards).
Provides for emergency funding of specified Office of Justice
programs, rewards by the Attorney General and the Department
of State, Immigration and Naturalization Service overtime. Urges
a $25 million State Department reward for Osama bin Laden and
other leaders of the September 11 attacks.
Amends the Reclamation Recreation Management Act of 1992 to
set criminal penalties for violation of security regulations
for reclamation dams, facilities, and resources. Authorizes certain
officer and employees within a Reclamation project or on Reclamation
lands to carry firearms, make arrests, issue warrants, and conduct
Authorizes the FBI Director to expedite the employment of translators
to support counterterrorism investigations and operations without
regard to applicable Federal personnel requirements and limitations,
but subject to necessary security requirements.
Directs the Inspector General of the Department of Justice to
appoint a Deputy Inspector General for Civil Rights, Civil Liberties,
and the FBI to review allegations of abuse of civil rights, civil
liberties, and racial and ethnic profiling by government employees