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. b
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:
10/2/2001–Introduced. (There 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 for identification.
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 investigations.
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 and officials.