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Patriot Act———287

is threatened. The act authorizes federal officers
PATRIOT ACT who acquire foreign intelligence information to

aka U.S.A. Patriot Act of 2001 consult with other federal law enforcement officers
and encourages federal intelligence officials to
“establish and maintain intelligence relationships”
The U.S.A. Patriot Act of 2001 was enacted with anyone “for the purpose of engaging in lawful
by Congress in response to the September 11 terrorist intelligence activities.” Similarly, the Patriot Act
attacks on the United States and signed into law by requires heads of federal law enforcement agencies
President George W. Bush on October 26, 2001. Also to disclose foreign intelligence information obtained
referred to as the Patriot Act, it was passed in the in the course of a criminal investigation to the direc-
Senate by a vote of 98-1 and in the House of tor of central intelligence. The Patriot Act has also
Representatives by 357-66. U.S.A. Patriot is an had significant impact in the area of criminal law and
acronym for “Uniting and Strengthening America by procedure, anti-money laundering measures, and
Providing Appropriate Tools Required to Intercept immigration policy. In the area of criminal law,
and Obstruct Terrorism.” the act prohibits terrorist attacks against mass trans-
In his remarks on signing the Patriot Act, President portation systems and harboring terrorists; gives the
Bush called the act “an essential step in defeating ter- United States jurisdiction over crime committed at
rorism, while protecting the constitutional rights of U.S. facilities abroad; considers terrorism “racke-
American citizens,” and said the act gives “intelli- teering activity” so it can be prosecuted under the
gence and law enforcement officials important new Racketeer Influenced and Corrupt Organizations
tools to fight a present danger.” Generally speaking, (RICO) statute. Additionally, it creates penalties for
the act is a complex statute covering a wide range of terrorist conspiracies such as attempting to provide
laws. It creates new crimes, new penalties, and con- material support for terrorism and punishes know-
tains many provisions enabling U.S. government and ing possession of a biological agent that is not for
law enforcement agencies to better coordinate their research of other peaceful purpose with fines and/or
information exchange and working procedures. The imprisonment.
Patriot Act is divided into 10 sections called “titles” With regard to criminal procedures, the Patriot Act
and contains hundreds of individual changes in U.S. allows the sharing of grand jury information regarding
law. The titles indicate the scope of the act:
foreign intelligence with federal government and law
enforcement officials. It also allows for roving wire-
1. Enhancing Domestic Security Against Terrorism taps under the Foreign Intelligence Surveillance Act,
2. Enhanced Surveillance Procedures the seizure of voice mail messages pursuant to a
3. International Money Laundering Abatement and search warrant (instead of under wiretapping proce-
Anti-Terrorist Financing Act of 2001 dures), for law enforcement to subpoena additional
4. Protecting the Border subscriber records from service providers (contact and
5. Removing Obstacles to Investigating Terrorism payment information) and for law enforcement to
6. Providing for Victims of Terrorism, Public Safety delay notice that may be required to given of a search
Officers, and Their Families warrant if a “court finds reasonable cause to believe”
7. Increased Information Sharing for Critical that providing that notice may adversely affect the
Infrastructure Protection search.
8. Strengthening the Criminal Laws Against Terrorism The act also expands U.S. money laws. Securities
9. Improved Intelligence brokers and dealers now have to file Suspicious
10. Miscellaneous Activities Reports with the Treasury Department; prior
to the act this was required only of bankers. U.S. anti-
The act contains several key provisions that money laundering laws are now applicable to credit
enhance governmental counterterrorism efforts. unions as well as individuals or “any network of
For example, the act authorizes the president to people” who facilitate the transfer of money “outside
freeze assets under U.S. jurisdiction of any person, the conventional financial institutions systems.” The act
organization, or country, when U.S. national security prohibits establishing a “correspondent account” in the