I
107TH CONGRESS
1ST SESSION
H. R. 2975
To combat terrorism, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 2, 2001
Mr. SENSENBRENNER (for himself, Mr. CONYERS, Mr. HYDE, Mr. COBLE,
Mr. GOODLATTE, Mr. JENKINS, Ms. JACKSON-LEE of Texas, Mr. CAN-
NON, Mr. MEEHAN, Mr. GRAHAM, Mr. BACHUS, Mr. WEXLER, Mr.
HOSTETTLER, Mr. KELLER, Mr. ISSA, Ms. HART, Mr. FLAKE, Mr.
SCHIFF, Mr. THOMAS, Mr. GOSS, Mr. RANGEL, Mr. BERMAN, and Ms.
LOFGREN) introduced the following bill; which was referred to the Com-
mittee on the Judiciary, and in addition to the Committees on Intel-
ligence (Permanent Select), International Relations, Resources, and Ways
and Means, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the juris-
diction of the committee concerned
A BILL
To combat terrorism, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives 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 (PA-
TRIOT) 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 communications.
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 com-
munications.
Subtitle B—Foreign Intelligence Surveillance and Other Information
Sec. 151. Period of orders of electronic surveillance of non-United States per-
sons 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 de-
portable 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 crimes 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 terrorists.
Sec. 309. Definition.
Sec. 310. Civil damages.
Subtitle B—Criminal Procedure
Sec. 351. Single-jurisdiction search warrants for terrorism.
Sec. 352. DNA identification of terrorists.
Sec. 353. Grand jury matters.
Sec. 354. Extraterritoriality.
Sec. 355. Jurisdiction over crimes committed at United States facilities abroad.
Sec. 356. 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 ter-
rorism.
Sec. 405. Disclosure of tax information in terrorism and national security in-
vestigations.
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 unen-
forceable by its terms, or as applied to any person or cir-
cumstance, shall be construed so as to give it the max-
imum 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 appli-
cation of such provision to other persons not similarly situ-
ated 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 GOVERN-
MENTAL 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
forcement 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)
of 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 in-
serting the following:
‘‘(C) the attributes of the communications
to which the order applies, including the num-
ber or other identifier and, if known, the loca-
tion 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 inves-
tigated; or’’.
(2) PEN REGISTER.—Paragraph (3) of section
3127 of title 18, United States Code, is amended—
(A) by striking ‘‘electronic or other im-
pulses’’ and all that follows through ‘‘is at-
tached’’ and inserting ‘‘dialing, routing, ad-
dressing, 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 communica-
tion)’’; and
(B) by inserting ‘‘or process’’ after ‘‘de-
vice’’ 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 de-
vice’’; 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 commu-
nication);’’.
(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 PRO-
VIDERS.—Section 3124(d) of title 18, 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) in the headings for subsections (a) and
(b), by striking ‘‘CONTENTS OF ELECTRONIC’’
and inserting ‘‘CONTENTS OF WIRE OR ELEC-
TRONIC’’;
(B) in subsection (a), by striking ‘‘contents
of an electronic’’ and inserting ‘‘contents of a
wire or electronic’’ each place it appears; and
(C) in subsection (b), by striking ‘‘any
electronic’’ and inserting ‘‘any wire or elec-
tronic’’ 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 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 COM-
MUNICATIONS.
Chapter 119 of title 18, United States Code, is
amended—
(1) in section 2510—
(A) in paragraph (17), by striking ‘‘and’’
at the end;
(B) in paragraph (18), by striking the pe-
riod and inserting a semi-colon; and
(C) by adding after paragraph (18) the fol-
lowing:
‘‘(19) ‘protected computer’ has the meaning set
forth in section 1030; and
‘‘(20) ‘computer trespasser’ means a person
who accesses a protected computer without author-
ization 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 para-
graph (h) the following:
‘‘(i) 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 com-
puter authorizes the interception of the computer
trespasser’s communications on the protected com-
puter;
‘‘(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 commu-
nications 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 ELEC-
TRONIC 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, tele-
phone number or other subscriber number or iden-
tity, and length of service of a’’ and inserting the
following:
‘‘entity the—
‘‘(A) name;
‘‘(B) address;
‘‘(C) local and long distance telephone connec-
tion records, or records of session times and dura-
tions;
‘‘(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 tempo-
rarily 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 sub-
scriber 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 de-
scribed 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 pe-
riod 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 defini-
tion, without geographic limitation.’’.
SEC. 109. CLARIFICATION OF SCOPE.
Section 2511(2) of title 18, 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 disclo-
sure of information (other than information revealing cus-
tomer cable viewing activity) under this chapter, chapter
121, or chapter 206, subsections (c)(2)(B) and (h) of sec-
tion 631 of the Communications Act of 1934 do not apply.
SEC. 110. EMERGENCY DISCLOSURE OF ELECTRONIC COM-
MUNICATIONS 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 commu-
nications or records’’ ;
(2) in subsection (a)(2)(B) by striking the pe-
riod 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 communica-
tions covered by paragraph (1) or (2)) to any gov-
ernmental entity.’’;
(4) in subsection (b), by striking ‘‘EXCEP-
TIONS.—A person or entity’’ and inserting ‘‘EXCEP-
TIONS 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 per-
son requires disclosure of the information with-
out delay.’’; and
(6) by inserting after subsection (b) the fol-
lowing:
‘‘(c) EXCEPTIONS FOR DISCLOSURE OF CUSTOMER
RECORDS.—A provider described in subsection (a) may di-
vulge a record or other information pertaining to a sub-
scriber 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 ren-
dition 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 im-
mediate 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 communica-
tions or records’’;
(2) in subsection (c)(1)—
(A) in subparagraph (A), by striking ‘‘Ex-
cept’’ and all that follows through ‘‘only when’’
in subparagraph (B) and inserting ‘‘A govern-
mental entity may require a provider of elec-
tronic communication service or remote com-
puting service to disclose a record or other in-
formation pertaining to a subscriber to or cus-
tomer of such service (not including the con-
tents of communications) only when’’;
(B) by striking ‘‘or’’ at the end of clause
(iii) of subparagraph (B);
(C) by striking the period at the end of
clause (iv) of subparagraph (B) and inserting ‘‘;
or’’;
(D) by inserting after clause (iv) of sub-
paragraph (B) the following:
‘‘(v) seeks information pursuant to subpara-
graph (B).’’;
(E) in subparagraph (C), by striking
‘‘(B)’’ and inserting ‘‘(A)’’; and
(F) by redesignating subparagraph (C) as
subparagraph (B); and
(3) in subsection (e), by striking ‘‘or certifi-
cation’’ and inserting ‘‘certification, or statutory au-
thorization’’.
SEC. 111. USE AS EVIDENCE.
(a) IN GENERAL.—Section 2515 of 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 elec-
tronic 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 sec-
tion 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)’’ 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 elec-
tronic’’;
(ii) by striking the period at the end
of clause (iii) and inserting a semicolon;
and
(iii) by inserting ‘‘except that no sup-
pression may be ordered under the cir-
cumstances 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
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 
COMMUNICA-
TIONS.
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 sub-
poena, or the authority issuing or denying a sub-
poena, under subsection (a) or (b) of this section
during the preceding calendar year shall report on
each such order, warrant, or subpoena to the Ad-
ministrative 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 sub-
poena applied for;
‘‘(C) the fact that the order, warrant, or
subpoena was granted as applied for, was modi-
fied, 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 Gen-
eral or an Assistant Attorney General specially des-
ignated by the Attorney General shall report to the
Administrative Office of the United States Courts—
‘‘(A) the information required by subpara-
graphs (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 disclo-
sures 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 per-
sons 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 au-
thorizing or requiring the disclosure of the contents
of electronic communications pursuant to sub-
118
fense committed within a Reclamation project or on
Reclamation lands; and
‘‘(C) conduct investigations within a Reclama-
tion project or on Reclamation lands of offenses
against the United States committed within a Rec-
lamation project or on Reclamation lands, if the
Federal law enforcement agency having investigative
jurisdiction over the offense committed declines to
investigate the offense or concurs with such inves-
tigation.
‘‘(6)(A) Except as otherwise provided in this para-
graph, a law enforcement officer of any State or local gov-
ernment, including Indian tribes, designated to act as a
law enforcement officer under paragraph (4) shall not be
deemed a Federal employee and shall not be subject to
the provisions of law relating to Federal employment, in-
cluding those relating to hours of work, rates of compensa-
tion, employment discrimination, leave, unemployment
compensation, and Federal benefits.
‘‘(B) For purposes of chapter 171 of title 28, United
States Code, popularly known as the Federal Tort Claims
Act, a law enforcement officer of any State or local govern-
ment, including Indian tribes, shall, when acting as a des-
ignated law enforcement officer under paragraph (4) and
while under Federal supervision and control, and only