107th Congress

Provide Appropriate Tools Required to Intercept and Obstruct Terrorism (PATRIOT) Act of 2001

P.L. 107-56 (H.R. 2975/H.R. 3162)

Impact of Public Law

Public Law (P.L.) 107-56 amends a number of titles of the United States Code (USC) in an effort to expand the Nation's ability to intercept and thwart terrorist threats. Of particular interest are amendments to Title 18 regarding possession, use, and transport of biological agents. These amendments seek to ensure that only those persons who have a lawful purpose for possessing, using, and/or transporting such agents are permitted to work with these agents, and that penalties are established for certain "restricted" individuals who are in possession of such agents. The Act also enhances the powers of the Attorney General, law enforcement officials, and the courts regarding wire, oral, and electronic communications.

P.L. 107-56 contains the following provisions that have relevance to the National Institutes of Health (NIH):

• Expansion of the Biological Weapons Statute: Section 175 of Chapter 10, Title 18, USC, is amended. Specifically, the Act makes it unlawful to possess any biological agent or toxin (not including such agents in their naturally occurring environment if the agent or toxin has not been cultivated, collected, or otherwise extracted from its natural source) that is not reasonably justified by a prophylactic, protective, or other peaceful purpose. The Act restricts possession, shipment, or transport of such agents by selected individuals, including any person who 1) is under indictment for a crime punishable by imprisonment for a term greater than 1 year, 2) has been convicted in any court of a crime punishable by imprisonment for a term greater than 1 year, 3) is a fugitive from justice, 4) is a user of any controlled substances classified as illegal, 4) is an alien illegally or unlawfully in the United States, 5) has been adjudicated as a mental defective or has been committed to any mental institution, or 6) has been dishonorably discharged from U.S. military service. Provisions of the Act do not establish how Federal agencies would go about obtaining in-depth background information regarding employees who work with these agents.
• Expansion of Authorities Related to Wire, Oral, and Electronic Communications: The Act expands 1) the Attorney General's authorities to intercept wire, oral, and electronic communications, 2) permits the courts, under application by the Attorney General, to authorize the installation and use of pen register or trap and trace devices anywhere in the United States, in the course of a criminal investigation, and 3) provides criminal penalties for the unauthorized use of a Federal interest computer if the defendant is found to have intentionally caused harm or threat to public health or safety.

Legislative History

On October 2, 2001, Representative F. James Sensenbrenner, Jr. (R-WI) introduced H.R. 2975, the PATRIOT Act of 2001. On October 23, Representative Sensenbrenner introduced another bill, H.R. 3162, the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, as a replacement for H.R. 2975. Although Representative Sensenbrenner made no introductory remarks, the legislation was part of a number of post-September 11 bills introduced to address potential terrorist threats by various means, intelligence information sharing, and law enforcement issues. H.R. 3162 was passed by the House on October 24 and by the Senate on October 25. The measure was signed by the President on October 26, 2001, as P.L. 107-56.

For more information on bioterrorism legislation, refer to the article under Public Laws entitled "Public Health Security and Bioterrorism Preparedness and Response Act of 2002." (Web link) Also, refer to the article under Pending Legislation entitled "Bioterrorism".