USA Patriot Act
Summary of the
USA PATRIOT ACT
(compiled November 2001)
GO TO PRESS RELEASE
An edited outline of the USA PATRIOT ACT with links to specific excerpts.
Specific excerpts from the USA PATRIOT ACT.
Significant phrases are highlighted.
Excerpts of remarks of three U.S. Senators in floor debate.
Senator Patrick Leahy, (D) Vermont
Senator Russ Feingold, (D) Wisconsin
Senator Orrin Hatch, (R) Utah
H. R. 3162
IN THE SENATE OF THE UNITED STATES
October 24, 2001 (approved October 26, 2001)
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) SHORT TITLE- This Act may be cited as the `Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001'
(b) TABLE OF CONTENTS- The table of contents for this Act is as follows:
Sec. 1. Short title and table of contents.
Sec. 2. Construction; severability.
TITLE I--ENHANCING DOMESTIC SECURITY AGAINST TERRORISM
Sections. 101 - 106.
TITLE II--ENHANCED SURVEILLANCE PROCEDURES
Sections. 201 - 225.
203(a) - Permits sharing of grand jury information regarding foreign intelligence and counterintelligence with federal law-enforcement, intelligence, protective, immigration, national defense and national security personnel; must notify court that disclosure has taken place. Can share grand jury information with state officials upon court order.
203(b) - Sharing of wiretap information regarding foreign intelligence, counterintelligence, and foreign intelligence information with federal law-enforcement, intelligence, protective, immigration, national defense and national security personnel.
203(c) - Requires AG to establish procedure for information sharing in 203(a) and (b).
203(d) - Permits sharing of information regarding foreign intelligence, counterintelligence, and foreign intelligence information with federal law-enforcement, intelligence, protective, immigration, national defense and national security personnel notwithstanding other law.
205 - Employment of translators by the FBI.
208 - Increases the number of judges on the FISA Court to 11, no less than 3 of whom must live within 20 miles of Washington, D.C.
210 - Broadens the types of records that law enforcement can subpoena from communications providers, including the means and source of payment.
211 - Clarifies that statutes governing telephone and internet communications (and not the burdensome provisions of the Cable Act) apply to cable companies that provide internet or telephone service in addition to television programming.
213 - Amends 18 U.S.C. 3103a to permit delayed notice of search warrants where court determines that immediate notice would have an ``adverse result'; officers may seize property if court finds ``reasonable necessity.'
216 - Amends the pen register/trap and trace statute to apply to internet communications, and to allow for a single order valid across the country.
219 - Permits courts to issue search warrants that are valid nationwide for investigations involving terrorism.
221 - Authorizes President to impose sanctions relating to the export of devices that could be used to develop missiles or other weapons of mass destruction. Also expands President's ability to restrict exports to the portions of Afghanistan controlled by the Taliban.
222 - Protects communications providers from having to develop or deploy new technology as a result of the Bill, and assures that they will be reasonably compensated.
224 - Sunset
TITLE III--INTERNATIONAL MONEY LAUNDERING ABATEMENT AND ANTI-TERRORIST FINANCING ACT OF 2001
Sections. 301 - 303.
303 - Sunset provision; money-laundering provisions will expire in 2005 if Congress enacts joint resolution.
Subtitle A--International Counter Money Laundering and Related Measures
Sections. 311 – 330.
Subtitle B--Bank Secrecy Act Amendments and Related Improvements
Sections. 351 - 366.
Subtitle C--Currency Crimes and Protection
Sections. 371 - 377.
TITLE IV--PROTECTING THE BORDER
Subtitle A--Protecting the Northern Border
Sections. 401 - 405.
403 - Requires the FBI to share criminal-record information with the INS and the State Department for the purpose of adjudicating visa applications.
Subtitle B--Enhanced Immigration Provisions
Sections 411 - 418.
411 - Broadens the Immigration and Nationality Act's terrorism-related definitions. Expands grounds of inadmissibility to include persons who publicly endorse terrorist activity. Expands definition of ``terrorist activity' to include all dangerous devices in addition to firearms and explosives. Expands definition of `'engaging in a terrorist activity' to include providing material support to groups that the person knows or should know that are terrorist organizations, regardless of whether the support's purpose is terrorism related.
412 - Mandatory detention of suspected terrorists; Habeas Corpus; Judicial review.
Subtitle C--Preservation of Immigration Benefits for Victims of Terrorism
Sections. 421 - 428.
428 – Definitions.
TITLE V--REMOVING OBSTACLES TO INVESTIGATING TERRORISM
Sections. 501 – 508
TITLE VI--PROVIDING FOR VICTIMS OF TERRORISM, PUBLIC SAFETY OFFICERS, AND THEIR FAMILIES
Subtitle A--Aid to Families of Public Safety Officers
Sections. 611 - 614
Subtitle B--Amendments to the Victims of Crime Act of 1984
Sections. 621 - 624
TITLE VII--INCREASED INFORMATION SHARING FOR CRITICAL INFRASTRUCTURE PROTECTION
TITLE VIII--STRENGTHENING THE CRIMINAL LAWS AGAINST TERRORISM
Sections. 801- 817
802 - Adds definition of ``domestic terrorism' to 18 U.S.C. 2331 and makes conforming change in existing definition of `'international terrorism.'
TITLE IX--IMPROVED INTELLIGENCE
Sections. 901 - 908.
Sections. 1001 - 1016.
SECTION 2. Specific excerpts from the USA PATRIOT ACT.
Significant phrases are highlighted.
SEC. 203. AUTHORITY TO SHARE CRIMINAL INVESTIGATIVE INFORMATION.
(a) AUTHORITY TO SHARE GRAND JURY INFORMATION-
…(C)(i) Disclosure otherwise prohibited by this rule of matters occurring before the grand jury may also be made--
`(I) when so directed by a court preliminarily to or in connection with a judicial proceeding;
`(II) when permitted by a court at the request of the defendant, upon a showing that grounds may exist for a motion to dismiss the indictment because of matters occurring before the grand jury;
`(III) when the disclosure is made by an attorney for the government to another Federal grand jury;
`(IV) when permitted by a court at the request of an attorney for the government, upon a showing that such matters may disclose a violation of state criminal law, to an appropriate official of a state or subdivision of a state for the purpose of enforcing such law; or
`(V) when the matters involve foreign intelligence or counterintelligence (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 401a)), or foreign intelligence information (as defined in clause (iv) of this subparagraph), to any Federal law enforcement, intelligence, protective, immigration, national defense, or national security official in order to assist the official receiving that information in the performance of his official duties.
…(iv) In clause (i)(V) of this subparagraph, the term `foreign intelligence information' means--
`(I) information, whether or not concerning a United States person, that relates to the ability of the United States to protect against--
`(aa) actual or potential attack or other grave hostile acts of-a foreign power or an agent of a foreign power;…
`(II) information, whether or not concerning a United States person, with respect to a foreign power or foreign territory that relates to--
`(aa) the national defense or the security of the United States; or
`(bb) the conduct of the foreign affairs of the United States.'.
(b) AUTHORITY TO SHARE ELECTRONIC, WIRE, AND ORAL INTERCEPTION INFORMATION-
…(6) Any investigative or law enforcement officer, or attorney for the Government, who by any means authorized by this chapter, has obtained knowledge of the contents of any wire, oral, or electronic communication, or evidence derived therefrom, may disclose such contents to any other Federal law enforcement, intelligence, protective, immigration, national defense, or national security official to the extent that such contents include foreign intelligence or counterintelligence …
SEC. 213. AUTHORITY FOR DELAYING NOTICE OF THE EXECUTION OF A WARRANT.
…(b) DELAY- With respect to the issuance of any warrant or court order under this section, or any other rule of law, to search for and seize any property or material that constitutes evidence of a criminal offense in violation of the laws of the United States, any notice required, or that may be required, to be given may be delayed if--
…(3) the warrant provides for the giving of such notice within a reasonable period of its execution, which period may thereafter be extended by the court for good cause shown.'.
SEC. 219. SINGLE-JURISDICTION SEARCH WARRANTS FOR TERRORISM.
Rule 41(a) of the Federal Rules of Criminal Procedure is amended by inserting after `executed' the following: `and (3) in an investigation of domestic terrorism or international terrorism (as defined in section 2331 of title 18, United States Code), by a Federal magistrate judge in any district in which activities related to the terrorism may have occurred, for a search of property or for a person within or outside the district'
SEC. 224. SUNSET.
(a) IN GENERAL- Except as provided in subsection (b), this title and the amendments made by this title (other than sections 203(a), 203(c), 205, 208, 210, 211, 213, 216, 219, 221, and 222, and the amendments made by those sections) shall cease to have effect on December 31, 2005.
(b) EXCEPTION- With respect to any particular foreign intelligence investigation that began before the date on which the provisions referred to in subsection (a) cease to have effect, or with respect to any particular offense or potential offense that began or occurred before the date on which such provisions cease to have effect, such provisions shall continue in effect.
SEC. 303. 4-YEAR CONGRESSIONAL REVIEW; EXPEDITED CONSIDERATION.
(a) IN GENERAL- Effective on and after the first day of fiscal year 2005, the provisions of this title and the amendments made by this title shall terminate if the Congress enacts a joint resolution, the text after the resolving clause of which is as follows: `That provisions of the International Money Laundering Abatement and Anti-Terrorist Financing Act of 2001, and the amendments made thereby, shall no longer have the force of law.'….
SEC. 411. DEFINITIONS RELATING TO TERRORISM.
…(bb) a political, social or other similar group whose public endorsement of acts of terrorist activity the Secretary of State has determined undermines United States efforts to reduce or eliminate terrorist activities,';
`(iv) ENGAGE IN TERRORIST ACTIVITY DEFINED- As used in this chapter, the term `engage in terrorist activity' means, in an individual capacity or as a member of an organization--
`(I) to commit or to incite to commit, under circumstances indicating an intention to cause death or serious bodily injury, a terrorist activity;
`(II) to prepare or plan a terrorist activity;
`(III) to gather information on potential targets for terrorist activity;
`(IV) to solicit funds or other things of value for--
`(aa) a terrorist activity;
`(bb) a terrorist organization described in clause (vi)(I) or (vi)(II); or
`(cc) a terrorist organization described in clause (vi)(III), unless the solicitor can demonstrate that he did not know, and should not reasonably have known, that the solicitation would further the organization's terrorist activity;
`(V) to solicit any individual--
`(aa) to engage in conduct otherwise described in this clause;
`(bb) for membership in a terrorist organization described in clause (vi)(I) or (vi)(II); or `(cc) for membership in a terrorist organization described in clause (vi)(III), unless the solicitor can demonstrate that he did not know, and should not reasonably have known, that the solicitation would further the organization's terrorist activity; or
….(vi) TERRORIST ORGANIZATION DEFINED- As used in clause (i)(VI) and clause (iv), the term `terrorist organization' means an organization--
…(III) that is a group of two or more individuals, whether organized or not, which engages in the activities described in subclause (I), (II), or (III) of clause (iv).'; and
….(c) RETROACTIVE APPLICATION OF AMENDMENTS-
(1) IN GENERAL- Except as otherwise provided in this subsection, the amendments made by this section shall take effect on the date of the enactment of this Act and shall apply to--
(A) actions taken by an alien before, on, or after such date…
SEC. 412. MANDATORY DETENTION OF SUSPECTED TERRORISTS; HABEAS CORPUS; JUDICIAL REVIEW.
…(2) RELEASE- Except as provided in paragraphs (5) and (6), the Attorney General shall maintain custody of such an alien until the alien is removed from the United States….
…(5) COMMENCEMENT OF PROCEEDINGS- The Attorney General shall place an alien detained under paragraph (1) in removal proceedings, or shall charge the alien with a criminal offense, not later than 7 days after the commencement of such detention. If the requirement of the preceding sentence is not satisfied, the Attorney General shall release the alien.
`(6) LIMITATION ON INDEFINITE DETENTION- An alien…may be detained for additional periods of up to six months only if the release of the alien will threaten the national security of the United States or the safety of the community or any person.
`(b) HABEAS CORPUS AND JUDICIAL REVIEW-
…(3) APPEALS- Notwithstanding any other provision of law, including section 2253 of title 28, in habeas corpus proceedings described in paragraph (1) before a circuit or district judge, the final order shall be subject to review, on appeal, by the United States Court of Appeals for the District of Columbia Circuit. There shall be no right of appeal in such proceedings to any other circuit court of appeals.
SEC. 802. DEFINITION OF DOMESTIC TERRORISM.
…(5) the term `domestic terrorism' means activities that--
`(A) involve acts dangerous to human life that are a violation of the criminal laws of the United States or of any State;
`(B) appear to be intended--
`(i) to intimidate or coerce a civilian population;
`(ii) to influence the policy of a government by intimidation or coercion…
SECTION 3: Excerpts of remarks from floor debate.
Senator Patrick Leahy, (D) Vermont
Senator Russ Feingold, (D) Wisconsin
Senator Orrin Hatch, (R) Utah
Patrick Leahy of Burlington was elected to the United States Senate in 1974 and remained (in 2001) the only Democrat elected to this office from Vermont. The senator was (in 2001) a senior member of three committees: Agriculture, Judiciary (Chairman), and Appropriations. He also sits on several Appropriation subcommittees including Defense, Foreign Operations (ranking member), Interior, VA-HUD, and Commerce-Justice-State.
From Senator Leahy’s remarks before the Senate:
…we were able to include additional important checks on the proposed expansion of government powers contained in the Attorney General's initial proposal.
…In negotiations with the Administration, I did my best to strike a reasonable balance between the need to address the threat of terrorism, which we all keenly feel at the present time, and the need to protect our constitutional freedoms. Despite my misgivings, I acquiesced in some of the Administration's proposals to move the legislative process forward.
I do believe that some of the provisions contained both in this bill and the original USA Act will face difficult tests in the courts, and that we in Congress may have to revisit these issues at some time in the future when the present crisis has passed…
In 1995, …then Senator ASHCROFT …opined, ``I do not think we should expand the wiretap laws any further.' He further said that ``We must ensure that in our response to recent terrorist acts, we do not destroy the freedoms that we cherish….
As Ben Franklin once noted, ``if we surrender our liberty in the name of security, we shall have neither.'…
During the negotiations over the past two weeks, the Administration sought to eliminate the sunset altogether, but that effort failed….
This bill has raised serious and legitimate concerns about the expansion of authorities for government surveillance and intelligence gathering within this country. Indeed, this bill will change surveillance and intelligence procedures for all types of criminal and foreign intelligence investigations, not just for terrorism cases….
We should be clear at the outset that while the sunset applies to the expanded surveillance authorities under FISA, it does not apply to other controversial provisions in the bill. As originally passed by the House, the sunset did not apply to the provisions on sharing grand jury information with intelligence agencies, in section 203(a), and the so-called ``sneak and peak' authority for surreptitious search and seizure, in section 213. The final bill, H.R. 3162, removes two more provisions from the sunset--the expanded scope of subpoenas for records of electronic communications, in section 210, and the new authority for pen registers and trap and trace devices in criminal investigations, in section 216.
…This bill enters new and uncharted territory by breaking down traditional barriers between law enforcement and foreign intelligence. This is not done just to combat international terrorism, but for any criminal investigation that overlaps a broad definition of “foreign intelligence.” …these provisions… potentially authorize the disclosure throughout intelligence, military, and national security organizations of a far broader range information about United States persons, including citizens, permanent resident aliens, domestic political groups, and companies incorporated in the United States. The information may be shared if it fits the broad definitions of “foreign intelligence” and “foreign intelligence information.”
…Therefore, potentially, whenever a criminal investigation acquires information about an American citizen's relationship with a foreign country or its government, that information is eligible to be disseminated widely as “foreign intelligence information”--even if the information is about entirely lawful activities, business transactions, political relationships, or personal opinions.
Russ Feingold (Democrat) was elected to the U.S. Senate in 1992 from Wisconsin. He was (in 2001) a Member of the Senate's Foreign Relations Committee, the Senate Budget Committee, the Senate Judiciary Committee, and the Senate's Special Committee on Aging.
From the remarks of Sen. Feingold:
But there is ample reason for concern. And I have been troubled in the past 6 weeks by the potential loss of commitment in the Congress and the country to traditional civil liberties.
…Under this bill, the Government can compel the disclosure of the personal records of anyone--perhaps someone who worked with, or lived next door to, or went to school with, or sat on an airplane with, or had been seen in the company of, or whose phone number was called by--the target of the investigation.
Under this new provision, all business records can be compelled, including those containing sensitive personal information, such as medical records from hospitals or doctors, or educational records, or records of what books somebody has taken out from the library. We are not talking about terrorist suspects, we are talking about people who just may have come into some kind of casual contact with the person in that situation. This is an enormous expansion of authority under a law that provides only minimal judicial supervision.
Under this provision, the Government can apparently go on a fishing expedition and collect information on virtually anyone…
…The bill continues to allow the Attorney General to detain persons based on mere suspicion.
Elected to the Senate from Utah in 1976, Orrin Hatch was the former Chairman and then (in 2001) the Ranking Member of the Senate Judiciary Committee, the 2nd ranking Republican on the Senate Committee on Finance, where he served on the Subcommittee on International Trade, the Subcommittee on Taxation and IRS Oversight, and the Subcommittee on Health Care. He was also a member of the Senate Select Committee on Intelligence, the Committee on Indian Affairs and the Joint Economic Committee.
Response of Senator Orin Hatch: I rise to address briefly a couple of the points made by the distinguished Senator from Wisconsin.
First, what he called a “sneak and peek” search warrant, these warrants are already used throughout the United States, throughout our whole country. The bill simply codifies and clarifies the practice making certain that only a Federal court, not an agent or prosecutor, can authorize such a warrant.
Let me be clear. Courts already allow warrants under our fourth amendment. It is totally constitutional. It has been held so almost from the beginning of this country; some will say from the beginning of this country. Together with Senator Leahy, we carefully drafted a provision that standardizes this widely accepted practice.
Second, to respond to the suggestion that the legislation is not properly mindful of our constitutional liberties--my friend from Wisconsin talks theoretically about maybe the loss of some civil liberties--I would like to talk concretely about the loss of liberty of almost 6,000 people because of the terrorist acts on September 11. I am a little bit more concerned right now about their loss of life. I am even more concerned now that they have lost their lives that thousands of other Americans don't lose their lives because we fail to act and fail to give law enforcement the tools that are essential.
The Senator from Wisconsin worries about the “possible” loss of civil liberties. That is laudable. But I am more concerned about the actual loss of the thousands of lives that have been lost and the potential of other lives that may be lost because we don't give law enforcement the tools they need.