Page 308 - Encyclopedia Of Terrorism

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288———Patriot Act

prohibiting a state from
issuing a license to operate a
motor vehicle transporting
hazardous material unless
the secretary of transporta-
tion determines that the
individual does not pose a
security risk warranting the
denial of the license.
Since it was enacted soon
after the September 11
attacks, critics argue that
insufficient thought was
given to the constitutional-
ity and effect of some of
the act’s provisions. Because
it gives the government
unprecedented power to
monitor individuals’ activi-
President George W. Bush and First Lady Laura Bush wave the flag and sing “God Bless ties, some say it is an
America” during a memorial service at the Pentagon on October 11, 2001, in honor of infringement of the Bill of
those killed in the terrorist attack on the building.
Rights, that it particularly
Source: U.S. Department of Defense photograph by R. D. Ward.
violates the rights of non-
citizens, and aims to silence
United States for a foreign “shell bank,” a bank without political dissent. In addition, critics believe that the
a physical presence and “currency smuggling,” the act’s “Sunset Provision,” a clause stating that certain
transport of more than $10,000 into or out of the United provisions are in force only through 2005, acknowl-
States. The Patriot Act also requires financial institu- edges, through its transience, concerns that the act is
tions to obtain more detailed background information dubiously constitutional.
on their clients and to compare names of potential Supporters of the Patriot Act argue the its new mea-
clients with the names on terrorist or suspected terror- sures had been considered at length by the government
ist lists provided by the U.S. government. and should have been enacted long before September
In the area of immigration and border protection, 11, 2001. Some are even concerned that the new pro-
the Patriot Act allows the State Department and the visions designated in the act are not extensive enough
Immigration and Naturalization Service access to to prevent terrorist threats. Still, the propriety or con-
criminal history and other records held by the FBI. The stitutionality of certain provisions may very well be
act denies admissibility to the United States to an alien reviewed by Congress or tested in the courts.
who is a member or representative of terrorist organi-
See also COUNTERTERRORISM; SEPTEMBER 11 ATTACKS; WAR
zation or to an alien who through his or her “position
ON TERRORISM
of prominence” in a foreign country endorsed or
persuaded others to endorse terrorism that under- Further Reading
mines U.S. counterterrorism efforts, and it mandates
Congressional Research Service Report for Congress. “The
the attorney general to maintain custody of an alien
U.S. Patriot Act, a Legal Analysis.” http://www.fas.org/
involved in terrorism until the alien is removed from
irp/crs/RL31377.pdf, June 27, 2002.
the United States.
Frieden, Terry. “Antiterrorism Bill Gives Authorities ‘New
The Patriot Act contains many miscellaneous pro-
Tools.’” Cnn.com, October 26, 2001. http://www.cnn.
visions, such as authorizing payments to individuals com/2001/US/10/26/rec.anti.terrorism.bill/.
who furnish information leading to the prevention of McCullagh, Declan. “Patriot Bill Moves Along.” Wired.com,
terrorism or the identity of someone “who holds a key October 4, 2001. http://www.wired.com/news/conflict/
leadership position in a terrorism organization” and 0,2100,47312,00. html, June 27, 2002.