October 1, 2001 (3:22 PM)              

107TH CONGRESS

1ST SESSION H.R

__________________________

IN THE HOUSE OF REPRESENTATIVES

Mr. SENSENBRENNER (for himself and Mr. CONYERS) introduced the following bill; which was referred to the Committee

__________________________

A BILL

To combat terrorism, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the "Provide Appropriate Tools Required to Intercept and Obstruct Terrorism (PATRIOT) Act of 2001."

SEC. 2. TABLE OF CONTENTS.

The following is the table of contents for this Act:

Sec. 1. Short Title.
Sec. 2. Table of contents.
Sec. 3. Construction; severability
TITLE  I -- INTELLIGENCE GATHERING
Subtitle A -- Electronic Surveillance
Sec. 101. Modification of authorities relating to use of pen registers and trap and trace devices.
Sec. 102. Seizure of voice-mail messages pursuant to warrants.
Sec. 103. Authorized disclosure.
Sec. 104. Savings provision.
Sec. 105. Interception of computer trespasser communication.
Sec. 106. Technical amendment.
Sec. 107. Scope of subpoenas for records of electronic communications.
Sec. 108. Nationwide service of search warrants for electronic evidence.
Sec. 109. Clarification of scope.
Sec. 110. Emergency disclosure of electronic communications to protect life and limb.
Sec. 111. Use as evidence.
Sec. 112. Reports concerning the disclosure of the contents of electronic communications.

Subtitle B -- Foreign Intelligence Surveillance and Other Information
Sec. 151. Period of orders of electronic surveillance of non-United States persons under foreign intelligence surveillance.
Sec. 152. Multi-point authority.
Sec. 153. Foreign intelligence information.
Sec. 154. Foreign intelligence information sharing.
Sec. 155. Pen register and trap and trace authority.
Sec. 156. Business records.
Sec. 157. Miscellaneous national-security authorities.
Sec. 158. Proposed legislation.
Sec. 159. Presidential authority.
Sec. 160. Sunset.

TITLE II -- ALIENS ENGAGING IN TERRORIST ACTIVITY
Subtitle A -- Detention and Removal of Aliens Engaging in Terrorist Activity
Sec. 201. Changes in classes of aliens who are ineligible for admission and deportable due to terrorist activity.
Sec. 202. Changes in designation of foreign terrorist organizations.
Sec. 203. Mandatory detention of suspected terrorists; habeas corpus; judicial review.
Sec. 204. Multilateral cooperation against terrorists.
Sec. 205. Changes in conditions for granting asylum and asylum procedures.
Sec. 206. Protection of northern border.
Sec. 207. Requiring sharing by the Federal Bureau of Investigation of certain criminal record extracts with other Federal agencies in order to enhance border security.

Subtitle B -- Preservation of Immigration Benefits for Victims of Terrorism
Sec. 211. Special immigrant status.
Sec. 212. Extension of filing or reentry deadlines.
Sec. 213. Humanitarian relief for certain surviving spouses and children.
Sec. 214. "Age-out" protection for children.
Sec. 215. Temporary administrative relief.
Sec. 216. Evidence of death, disability, or loss of employment.
Sec. 217. No benefits to terrorists or family members of terrorists.
Sec. 218. Definitions.

TITLE III -- CRIMINAL JUSTICE
Subtitle A -- Substantive Criminal Law
Sec. 301. Statute of limitation for prosecuting terrorism offenses.
Sec. 302. Alternative maximum penalties for terrorism crimes.
Sec. 303. Penalties for terrorist conspiracies.
Sec. 304. Terrorism crime as RICO predicates.
Sec. 305. Biological weapons.
Sec. 306. Support of terrorism through expert advice or assistance.
Sec. 307. Prohibition against harboring.
Sec. 308. Post-release supervision of terrorism
Sec. 309. Definitions.
Sec. 310. Civil damages.

Subtitle B -- Criminal Procedure
Sec. 351. Single-jurisdiction search warrants for terrorism.
[Sec. 352 not used.]
Sec. 353. DNA identification of terrorists.
Sec. 354. Grand jury matters.
Sec. 355. Extraterritoriality.
Sec. 356. Jurisdiction over crimes committed at United States facilities abroad.
Sec. 357. Special agent authorities.

TITLE IV -- FINANCIAL INFRASTRUCTURE
Sec. 401. Laundering the proceeds of terrorism.
Sec. 402. Material support for terrorism.
Sec. 403. Assets of terrorist organizations.
Sec. 404. Technical clarification relating to provision of material support to terrorism.
Sec. 405. Disclosure of tax information in terrorism and national security investigations.
Sec. 406. Extraterritorial jurisdiction.

TITLE V -- EMERGENCY AUTHORIZATIONS
Sec. 501. Office of Justice programs.
Sec. 502. Attorney General's authority to pay rewards.
Sec. 503. Limited authority to pay overtime.
Sec. 504. Department of State reward authority.

TITLE VI -- DAM SECURITY
Sec. 601. Security of reclamation dams, facilities, and resources.

TITLE VII -- MISCELLANEOUS
Sec. 701. Employment of translators by the Federal Bureau of Investigation.
Sec. 702. Review of the Department of Justice.

SEC. 3. CONSTRUCTION; SEVERABILITY.
Any provision of this Act held to be invalid or unenforceable by its terms, or as applied to any person or circumstance, shall be construed so as to give it the maximum effect permitted by law, unless such holding shall be one of utter invalidity or unenforceability, in which event such provision shall be deemed severable from this Act and shall not affect the remainder thereof or the application of such provision to other persons not similarly situated or to other, dissimilar circumstances.

TITLE I -- INTELLIGENCE GATHERING

Subtitle A -- Electronic Surveillance


SEC. 101. 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 title 18, United States Code, is amended to read as follows:
"(a) IN GENERAL. --
"(1) Upon an application made under section 122(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 shall, upon service thereof, 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.
"(2) 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.".
(2) CONTENTS OF ORDER. -- Subsection (b)(1) 0f section 3123 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. -- Sub-section (d)(2) of section 3123 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. -- Paragraph (2) of section 3127 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.-Paragraph (3) of section 3127 of title 18, United States Code, is amended --
(A) by striking "electronic or other impulses" and all that follows through "is attached" and inserting "dialing, routing, addressing, or signaling information transmitted by an instrument or facility from which a wire or electronic communication is transmitted (but not including the contents of such communication) "; and
(B) by inserting "or process" after "device" each place it appears.
(3) TRAP AND TRACE DEVICE. -- Paragraph (4) of section 3127 of title 18 United States Code 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 signaling information reasonably likely to identify the source of a wire or electronic communication (but not including the contents of such communication); ".
(4) CONFORMING AMENDMENT. -- Section 3127(1) of title 18, United States Code, is amended --
(A) by striking "and"; and
(B) by inserting "and 'contents' " after "electronic communication service".
(d) No LIABILITY FOR INTERNET SERVICE PROVIDERS. -- Section 3124(d) of title 187 United States Code, is amended by striking "the terms of".

SEC. 102. SEIZURE OF VOICE-MAIL MESSAGES PURSUANT TO WARRANTS.
Title 18, United States Code, is amended --

(1) in section 2510 --
(A) in paragraph (1), by striking all the words after "commerce"; and
(B) in paragraph (14), by inserting "wire or" after "transmission of"; and
(2) in section 2703(a) and (b) --
(A) by striking "CONTENTS OF ELECTRONIC" inserting "CONTENTS OF WIRE OR ELECTRONIC" each place it appears in a sub-section heading;
(B) by striking "contents of an electronic" and inserting "contents of a wire or electronic" each place it appears; and
(C) by striking "any electronic" and inserting "any wire or electronic" each place it appears.

SEC. 103. AUTHORIZED DISCLOSURE.
Section 2510(7) of title 18, United States Code, is amended by inserting ", and (for purposes only of section 2517 as it relates to foreign intelligence information) any Federal law enforcement, intelligence, national security, national defense, protective, immigration personnel, or the President or Vice President of the United States" after "such offenses".

SEC. 104. SAVINGS PROVISION.
Section 2511(2)(f) of f title 18 United States Code, is amended --

(1) by striking "or chapter 121" and inserting ", chapter 121, or chapter 206"; and
(2) by striking "wire and oral" and inserting "wire, oral, and electronic".

SEC. 105. INTERCEPTION OF COMPUTER TRESPASSER COMMUNICATIONS.
Chapter 119 of title 18, United States Code, is 13 amended --

(1) in section 2510 --
(A) in paragraph (17), by striking "and" at the end;
(B) in paragraph (18), by striking the period and inserting a semi-colon; and
(C) by adding after paragraph (18) the following:
"(19) 'protected computer' has the meaning set forth in section 1030; and
"(20) 'computer trespasser' means a person who accesses a protected computer without authorization and thus has no reasonable expectation of privacy in any communication transmitted to, through, or from the protected computer.",
(2) in section 2511(2), by inserting after paragraph (h) the following:
"(1) It shall not be unlawful under this chapter for a person acting under color of law to intercept the wire or electronic communications of a computer trespasser, if --
"(i) the owner or operator of the protected computer authorizes the interception of the computer trespasser's communications on the protected computer;
"(ii) the person acting under color of law is lawfully engaged in an investigation;
"(iii) the person acting under color of law has reasonable grounds to believe that the contents of the computer trespasser's communications will be relevant to the investigation; and
"(iv) such interception does not acquire communications other than those transmitted to or from the computer trespasser."; and
(3) in section 2520(d)(3), by inserting "or 2511(2)(i)" after "2511(3)".

SEC. 106. TECHNICAL AMENDMENT.
Section 2518(3)(c) of title 18, United States Code, is amended by inserting "and" after the semicolon.

SEC. 107. SCOPE OF SUBPOENAS FOR RECORDS OF ELECTRONIC COMMUNICATIONS.
Section 2703(c)(1)(C) of title 18, United States Code, is amended --

(1) by striking "entity the name, address, local and long distance telephone toll billing records telephone number or other subscriber number or identity, and length of service of a" and inserting the following:
"entity the --
"(A) name;
"(B) address;
"(C) local and long distance telephone connection records, or records of session times and durations;
"(D) length of service (including start date) and types of service utilized;
"(E) telephone or instrument number or other subscriber number or identity, including any temporarily assigned network address; and
"(F) means and source of payment (including any credit card or bank account number); of a" and
(2) by striking "and the types of services the subscriber or customer utilized," after "of a subscriber to or customer of such service,".

SEC. 108. NATIONWIDE SERVICE OF SEARCH WARRANTS FOR ELECTRONIC EVIDENCE.
Chapter 121 of title 18, United States Code, is amended --

(1) in section 2703, by striking "under the Federal Rules of Criminal Procedure" each place it appears and inserting "using the procedures described in the Federal Rules of Criminal Procedure by a court with jurisdiction over the offense under investigation"; and
(2) in section 2711 --
(A) in paragraph (1), by striking "and";
(B) in paragraph (2), by striking the period and inserting "; and"; and
(C) by adding the following new paragraph at the end:
"(3) the term 'court of competent jurisdiction' has the meaning given that term in section 3127, and includes any Federal court within that definition, without geographic limitation.".

SEC. 109. CLARIFICATION OF SCOPE.
Section 2511(2) of title 187 United States Code, as amended by section 106(2) of this Act, is further amended by adding at the end the following:

"(j) With respect to a voluntary or obligatory disclosure of information (other than information revealing customer cable viewing activity) under this chapter, chapter 121, or chapter 206, section 631(a) of the Communications Act of 1934 shall not apply."

SEC. 110. EMERGENCY DISCLOSURE OF ELECTRONIC COMMUNICATIONS TO PROTECT LIFE AND LIMB.
(a) Section 2702 of title 18, United States Code, is amended --

(1) by amending the heading to read as follows:
"§2702. Voluntary disclosure of customer communications or records" ;
(2) in subsection (a)(2)(B) by striking the period and inserting "; and";
(3) in subsection (a), by inserting after para graph (2) the following:
"(3) a provider of remote computing service or electronic communication service to the public shall not knowingly divulge a record or other information pertaining to a subscriber to or customer of such service (not including the contents of communications covered by paragraph (1) or (2)) to any governmental entity.";
(4) in subsection (b), by striking "EXCEPTIONS. -- A person or entity" and inserting "EXCEPTIONS FOR DISCLOSURE OF COMMUNICATIONS. -- A provider described in subsection (a)";
(5) in subsection (b)(6) --
(A) in subparagraph (A)(ii), by striking "or";
(B) in subparagraph (B), by striking the period and inserting "; or";
(C) by inserting after subparagraph (B) the following:
"(C) if the provider reasonably believes that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of the information without delay."; and
(6) by inserting after subsection (b) the following:

"(c) EXCEPTIONS FOR DISCLOSURE OF CUSTOMER RECORDS. -- A provider described in subsection (a) may divulge a record or other information pertaining to a subscriber to or customer of such service (not including the contents of communications covered by subsection (a)(1) or (a)(2))
"(1) as otherwise authorized in section 2703;
"(2) with the lawful consent of the customer or subscriber;
"(3) as may be necessarily incident to the rendition of the service or to the protection of the rights or property of the provider of that service;
"(4) to a governmental entity, if the provider reasonably believes that an emergency involving immediate danger of death or serious physical injury to any person justifies disclosure of the information; or
"(5) to any person other than a governmental entity."
(b) Section 2703 of title 18, United States Code, is amended --

(1) so that the section heading reads as follows:
§2703. Required disclosure of customer communications or records";
(2) by redesignating paragraph (2) of sub-section (c) as paragraph (3),
(3) in subsection (c)(1) --
(A) in subparagraph (A), by striking "Except" and all that follows through "only when" in subparagraph (B) and inserting "A governmental entity, may require a provider of electronic communication service or remote computing service to disclose a record or other information pertaining to a subscriber to or customer of such service (not including the contents of communications) only when";
(B) by striking "or" at the end of clause (iii) of subparagraph (B);
[(C) not used.]
(D) by striking the period at the end of clause (iv) of subparagraph (B) and inserting "; or";
(E) by inserting after clause (iv) of subparagraph (B) the following:
"(v) seeks information pursuant to subparagraph (B).";
(F) in subparagraph (C), by striking "(B)" and inserting "(A)" ; and
(G) by redesignating subparagraph (C) as subparagraph (B); and
(4) in subsection (e), by striking "or certification" and inserting "certification, or statutory authorization".

SEC. 111. USE AS EVIDENCE.
(a) IN GENERAL. -- Section 25of title 18, United States Code, is amended --

(1) by striking "wire or oral" in the heading and inserting "wire, oral, or electronic";
(2) by striking "Whenever any wire or oral communication has been intercepted" and inserting "(a) Except as provided in subsection (b), whenever any wire, oral, or electronic communication has been intercepted, or any electronic communication in electronic storage has been disclosed",
(3) by inserting "or chapter 121" after "this chapter"; and
(4) by adding at the end the following:
"(b) Subsection (a) does not apply to the disclosure, before a grand jury or in a criminal trial, hearing, or other criminal proceeding, of the contents of a communication, or evidence derived therefrom, against a person alleged to have intercepted, used, or disclosed the communication in violation of this chapter, or chapter 121, or participated in such violation.".
(b) SECTION 2517. -- Paragraphs (1) and (2) of section 2517 are each amended by inserting "or under the circumstances described in section 2515(b)" after "by this chapter".
(c) SECTION 2518. -- Section 2518 of title 18, United States Code, is amended --

(1) in subsection (7), by striking "subsection (d)77 and inserting "subsection (8)(d)"; and
(2) in subsection (10) --
(A) in paragraph (a) --
(i) by striking "or oral" each place it appears and inserting ", oral, or electronic";
(ii) by striking the period at the end of clause (iii) and inserting a semicolon;
(iii) by inserting "except that no suppression may be ordered under the circumstances described in section 2515(b)." before "Such motion"; and
(B) by striking paragraph (c).
(d) CLERICAL AMENDMENT. -- The item relating to section 2515 in the table of sections at the beginning of 18 chapter 119 of title 18, United States Code, is amended to read as follows:

"2515. Prohibition of use as evidence of intercepted wire, oral, or electronic communications.".

SEC. 112. REPORTS CONCERNING THE DISCLOSURE OF THE CONTENTS OF ELECTRONIC COMMUNICATIONS.
Section 2703 of title 18, United States Code, is amended by adding at the end the following:

"(g) REPORTS CONCERNING THE DISCLOSURE OF THE CONTENTS OF ELECTRONIC COMMUNICATIONS. --
"(1) By January 31 of each calendar year, the judge issuing or denying an order, warrant, or subpoena, or the authority issuing or denying a subpoena, under subsection (a) or (b) of this section during the preceding calendar year shall report on each such order, warrant, or subpoena to the Administrative Office of the United States Courts --
"(A) the fact that the order, warrant, or subpoena was applied for;
"(B) the kind of order, warrant, or subpoena applied for;
"(C) the fact that the order, warrant, or subpoena was granted as applied for, was modified or was denied;
"(D) the offense specified in the order, warrant, subpoena, or application;
"(E) the identity of the agency making the application; and
"(F) the nature of the facilities from which or the place where the contents of electronic communications were to be disclosed.
"(2) In January of each year the Attorney General or an Assistant Attorney General specially designated by the Attorney General shall report to the Administrative Office of the United States Courts --
"(A) the information required by subparagraphs (A) through (F) of paragraph (1) of this subsection with respect to each application for an order, warrant, or subpoena made during the preceding calendar year; and
"(B) a general description of the disclosures made under each such order, warrant, or subpoena, including --
"(i) the approximate number of all communications disclosed and, of those, the approximate number of incriminating communications disclosed;
"(ii) the approximate number of other communications disclosed; and
"(iii) the approximate number of persons whose communications were disclosed.
"(3) In June of each year, beginning in 2003, the Director of the Administrative Office of the United States Courts shall transmit to the Congress a full and complete report concerning the number of applications for orders, warrants, or subpoenas authorizing or requiring the disclosure of the contents of electronic communications pursuant to subsections (a) and (b) of this section the number of orders, warrants, or subpoenas granted or denied pursuant to subsections (a) and (b) of this section during the preceding calendar year. Such report shall include a summary and analysis of the data required to be filed with the Administrative Office by paragraphs (1) and (2) of this subsection. The Director of the Administrative Office of the United States Courts is authorized to issue binding regulations dealing with the content and form of the reports required to be filed by paragraphs (1) and (2) of this subsection.".


Subtitle B -- Foreign Intelligence Surveillance and Other Information

SEC. 151. PERIOD OF ORDERS OF ELECTRONIC SURVEILLANCE OF NON-UNITED STATES PERSONS 8 UNDER FOREIGN INTELLIGENCE SURVEILLANCE.
(a) INCLUDING AGENTS OF A FOREIGN POWER. --

(1) Section 105(e)(1) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1805(e)(1)) is amended by inserting "or an agent of a foreign power, as defined in section 101(b)(1)(A)," after "or (3),".
(2) Section 304(d)(1) of such Act (50 U.S.C. 1824(d)(1)) is amended by inserting "or an agent of a foreign power, as defined in section 101(b)(1)(A)," after "101(a),".
(b) PERIOD OF ORDER. -- Such section 304(d)(1) is further amended by striking "forty-five" and inserting "90".

SEC. 152. MULTI-POINT AUTHORITY.
Section 105(c)(2)(B) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1805(c)(2)(B)) is amended by inserting ", or, in circumstances where the Court finds that the actions of the target of the electronic surveillance may have the effect of thwarting the identification of a s