On October 24, 2001, the U.S. Patriot's Act of 2001 was made into law.  This act pays special attention to certain conditions in U.S. Statutes that prohibit or hinder investigations of terrorist activities in the U.S. as well as money laundering and transmittal to foreign agents within the United States or pass through transactions to foreign financial institutions that provide funds to terrorists or their financial representatives.  The Act also provides for border control and personnel to conduct that border control.  For each of the titled sections, a limit on the effective period is set, typically to the year 2005, and Congressional oversight and reporting is required including appropriate Secretary analysis of the effectiveness of the Act in their specific area of jurisdiction as well as requests as necessary for additional legislative action as required to further the goals of the act.

The ACT is rather large and effects many areas of criminal, trade, and agency statutes.  Analysis and summary of the ACT required some 4.5 hours to compile, so you will need some time to consider all the changes its provisions require.
 

Overall Analysis

The U.S. Patriot's Act of 2001 will probably go down in history (since it is typically written and then revised by liberal and libertarian scholars) as the largest "civil liberties grab" since World War II.  Codified in the Act are provisions for suspending Habeus Corpus rights in most courts (exceptions are the Federal courts), special regulations for field offices of the FBI to request electronic communications intercepts, defines a whole set of new financial crimes centered on money laundering to and from terrorist organizations, seizure and forfeiture of terrorist organization funds and bolstering of the U.S. personnel manning the Southern and Northern U.S. borders.

While clearly spelling out surveillance changes are still much limited to investigations which are not based solely on First Amendment rights, there is certainly room for abuse. Similarly, new financial records provided to federal agencies by the Act enhance the ability to detect and track many different sorts of accounts and activities that comprise the full gambit of Terrorist money laundering schemes, including the typical informal money transferring operations conducted for the benefit of Islamic practitioners worldwide.

It is clear that the Act pinpoints U.S. vulnerabilities discovered as a result of the 9/11 attacks, adding the ability to look at educational records in terrorist investigations as well as requiring investigation of biometrics identification at ports of entry and new visa tracking systems.

Included also are many changes to foster better sharing of information between entry officers (INS, Customs, State Department) and law enforcement and the Intelligence Community.

Not mentioned in the act, but acted upon in parallel, the U.S. Attorney General, John Ashcroft also offered the FBI the ability to waive administrative rules which prevented public surveillance -- a waiver, as reported on May 30, 2002 by Ashcroft, they have used rarely -- a distressing indication that the FBI may not be taking advantage of all the investigative avenues open to them since 9/11.

However, the Act appears to go a long way towards improving the legal basis for anti-terrorist investigation and prosecution.  However, if FBI field agent's complaints are to be believed, much more is necessary.  See MILNET's analysis of changes in the FBI announced May 30, 2002.

The are 10 Titles in the act:

1. ENHANCING DOMESTIC SECURITY AGAINST TERRORISM
2. ENHANCED SURVEILLANCE PROCEDURES
3. INTERNATIONAL MONEY LAUNDERING ABATEMENT AND ANTI-TERRORIST FINANCING ACT OF 2001
1. Subtitle A--International Counter Money Laundering and Related Measures
2. Subtitle B--Bank Secrecy Act Amendments and Related Improvements
3. Subtitle C--Currency Crimes and Protection
4. PROTECTING THE BORDER
1. Subtitle A--Protecting the Northern Border
2. Subtitle B--Enhanced Immigration Provisions
3. Subtitle C--Preservation of Immigration Benefits for Victims of Terrorism
5. REMOVING OBSTACLES TO INVESTIGATING TERRORISM
6. PROVIDING FOR VICTIMS OF TERRORISM, PUBLIC SAFETY OFFICERS, AND THEIR FAMILIES
1. Subtitle A--Aid to Families of Public Safety Officers
2. Subtitle B--Amendments to the Victims of Crime Act of 1984
7. INCREASED INFORMATION SHARING FOR CRITICAL INFRASTRUCTURE PROTECTION
8. STRENGTHENING THE CRIMINAL LAWS AGAINST TERRORISM
9. IMPROVED INTELLIGENCE
10. MISCELLANEOUS

Summary of the Act's Provisions
(Note:  some of the Acts ten titles are combined in categories that ease the understanding of the provisions).

In General

• A Counterterrorism Fund which is used to reimburse agencies as needed when funds are expended in emergencies surrounding investigation, preventing or pursing terrorists as well as conducting threat assessments against federal agencies, properties or persons.
• Condemnation of violence against U.S. Muslims or Americans of Arab descent.
• Increased Funding for the Technical Support Center of the FBI
• Allows Requests for Military Assistance to enforce Prohibition in certain emergencies
• Expansion of Electronic Crime Task Force Initiative
• Allows the President of the United States, while engaged in hostilities, to designate foreign nations, organizations or individuals who will be subject to confiscation of property "that he determines has planned, authorized, aided, or engaged in such hostilities or attacks against the United States."
• Allows classified information used to be provided "to the reviewing court ex parte and in camera." (undisclosed to the defendant, his legal counsel or to the public in general).
• Adds NBC weapons to Trade Sanctions  language
• Adds "...in the territory of Afghanistan controlled by the Taliban" in the identification of nations supporting terrorist activity.
• Sets the Act's final date of effectiveness to be December 31, 2005
• Provides immunity to providers of information provided under the Act
• Provides for a 4 year review period for process of the terms of the Act in Congress

Communications Surveillance

• Modifies wire, oral or electronic communications regulations relating to terrorism and relating to computer fraud and abuse
• Modifies regulations on authority to share information with any federal agencies when it  is deemed the information is pursuant to "... matters involve foreign intelligence or counterintelligence ... or foreign intelligence information 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."
• Funds emergency employment of translators and exempts FBI  from Federal Employment and hiring practices for the period of the Act for such translators.
• Adds Roving Surveillance Authority (equivalent of wiretaps across multiple jurisdictions in the area of wireless communications -- i.e. cell sites) allowing law enforcement to track and monitor wire, voice, and electronic transmissions on domestic wireless circuits as the target is moving without need for further warrants or notification to jurisdictions.
• Modifies limits of foreign agent investigations
• Modifies number of judges available for review of surveillance requests from nine to 11, 3 of which must be in Washington D.C. area.
• Modifies regulations on seizure of voice mail messages
• Modifies the scope of subpoenas for records of electronic communications
• Clarifies modifications/amendments to the Communication Act of 1934 (prohibits disclosure of the cable subscriber selection of video program information on the cable network)
• Permits ISPs and other carrier entities to disclose electronic communications which threaten life and limb.
• Adds authority for delaying notification of the serving of warrant to surveil wire, voice, or electronic communications
• Eases restrictions on wire, voice or electronic communication taps if requester certifies, under very stiff penalties that the person is suspected of request is not based solely on activities protected under first amendment rights and "...information likely to be obtained is foreign intelligence information not concerning a United States person or is relevant to an ongoing investigation to protect against international terrorism or clandestine intelligence activities."
• Allows for seizure requests (under very rigorous review and reporting oversight of Congressional Intelligence and/or banking committees) to obtain "tangible things" relating to business records "...for an investigation to protect against international terrorism or clandestine intelligence activities, provided that such investigation of a United States person is not conducted solely upon the basis of activities protected by the first amendment to the Constitution."
• Modifies regulations governing interception of "Computer Trespasser Communications"
• Allows nationwide service of search warrants pursuant to electronic communications
• Sets out stiff mandatory penalties for unauthorized disclosure of information provided by those complying with the Act.

Anti-Terrorist Financial Provisions

• Adds Special Due Diligence requirements for U.S. financial organizations that deal with foreign person's accounts or foreign financial institutions.
• Places a prohibition on U.S. Banks to have "Correspondent Accounts with Foreign Shell Banks"
• Requires the Secretary of the Treasury to define regulations to encourage efforts to deter money laundering -- regulations must go in effect within 120 days.
• Includes Foreign Corruption offenses as Money Laundering Crimes
• Add protections such as appeal and review for anti-terrorist forfeiture confiscation.
• Extends jurisdiction for "...district courts shall have jurisdiction over any foreign person, including any financial institution authorized under the laws of a foreign country."
• Allows forfeiture/seizure of funds from foreign banks with inter bank accounts in the United States.
• Allows for forfeiture of funds or property realized from a foreign crime
• Allows for restraining order to freeze assets while forfeiture is under review
• Allows the Secretary of the Treasury to identify required procedures for identifying individual owners in "concentration accounts."
• Adds rigorous requirement for personal identification of owners of funds in individual accounts in U.S. financial institutions.
• Allows the Secretary of Treasury to consider a financial institution's performance in deterring money laundering.
• Requires the Secretary of Treasury to take all steps to gain cooperation in identification of originators of wire transfers.
• Requires the Executive Branch to take steps to negotiate with foreign financial institutions to cooperate in deterring and detecting money laundering.
• Requires the reporting of suspicious activities relating to possible money laundering.
• Allows financial organizations to disclose former employee's involvement in money laundering
• Requires the Secretary of Treasury to report within six months whether to transfer administration of bank secrecy regulations to IRS.
• Allows Federal Agencies to request reports on bank secrecy regulations compliance from the responsible agency (Secretary of Treasury or its successor in administration of Bank Secrecy regulations).
• Grants immunity to providers of consumer information to government agencies.
• Sets regulations on "underground" or "informal banking" systems.
• Directs Secretary of Treasury to force the "United States Director" of foreign financial organizations to use the 'Voice and Vote' in support of loans or other utilizations of funds for those institutions, when dealing with "...foreign country has taken or has committed to take actions that contribute to efforts of the United States to respond to, deter, or prevent acts of international terrorism..." (if a member of a foreign bank can use his "vote" or "verbally" request a loan or direct withdrawal to gather up funds for seizure, then the Secretary of Treasury can direct that person perform that office under threat of severe penalties for non-compliance).
• Makes the "Financial Crimes Enforcement Network" - FCEN, a bureau in the U.S. Department of Treasury.
• Sets outs conditions for establishment of a "Highly Secure Financial Network" to support the FCEN.
• Increases the civil and criminal penalties for Money Laundering
• Sets out Uniformed Protection regulations to aid Federal Reserve facilities (board and banks for instance)
• Modifies coin and currency reporting regulations
• Requires the Secretary of Treasury to report on ways to provide relief of reporting currency transactions required in earlier legislation - report required in 1 year.
• Defines regulations for making bulk cash smuggling a crime and defining the money used as the actual evidence of the crime and make it seizable and forfeitable.
• Makes all financial material gained from a financial crime as forfeitable during sentencing.
• Sets out penalties for conducting an unlicensed money transfer system to include fines and no more than 5 years in jail.
• Details regulations against Counterfeiting of Foreign Currency or Obligations and sets out penalties for 25 years instead of 5 years.
• Extends Jurisdiction for anyone outside the United States to covers persons who commits illegal money laundering where the financial instrument is "passed through" or executed in the United States or United States currency.

• Adds personnel to protect the Northern Border, extending the number by 3 times
• Adds $50 million dollars to aid INS and Customs to improve monitoring technology and acquired new equipment needed for its mission.
• Requires the U.S. Attorney General to provide access for INS and Customs to "...the criminal history record information contained in the National Crime Information Center's Interstate Identification Index (NCIC-III), Wanted Persons File, and to any other files maintained by the National Crime Information Center..."
• Adds limited authority to pay overtime to federal employees protecting the border
• Requires the Secretary of the Treasury to work with appropriate federal agencies (such as FBI, Customs, State Department, INS) "...on the feasibility of enhancing the Integrated Automated Fingerprint Identification System (IAFIS) of the Federal Bureau of Investigation and other identification systems in order to better identify a person who holds a foreign passport or a visa and may be wanted in connection with a criminal investigation in the United States or abroad..." - carries a "not less than $2,000,000" appropriation in the language implementing this section.
• Enhanced Immigration Provisions setting out such things as
• Definitions of immigrant inadmissibility to the country for persons in relation to Terrorism
• Definitions of the term Engage in Terrorist Activity
• Definition of a Terrorist Organization
• Definition of criminal association with Terrorist Organizations
• Designation and re-designation of a Foreign Terrorist Organization
• Allows the U.S. Attorney General or the Assistant U.S. Attorney General to certify a foreign detainee as a terrorist and hold them 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" but under strict reporting conditions to Congressional Oversight Committees.
• Modifies Habeus Corpus statutes to limit Habeus Corpius proceedings to U.S. Supreme Court, a Justice of the U.S. Supreme Court, any circuit judge of the United States Court of Appeals for the District of Columbia Circuit, or any district court otherwise having jurisdiction to entertain it.
• Permits the U.S. Secretary of State to share visa information to cooperating foreign nations to further investigation, detection, detention and or prosecution of suspected terrorists.
• Directs the Secretaries of State, Commerce, Treasury, and the Office of Homeland Security to implement the 1996 codified requirement (Section 110 of 8 U.S.C. 1365a ^*1) for the establishment of the "integrated entry and exit data system for airports, seaports, and land border ports of entry.."  This includes biometrics, tamper proof documents, and interfaces with law enforcement databases.
• Requires the Director of the Office of Homeland Security to report within 1 year on what data is needed "...from any United States agency to effectively screen visa applicants and applicants for admission to the United States to identify those affiliated with terrorist organizations or those that pose any threat to the safety or security of the United States,..." as well as other related elements.

Requires implementation and expansion of the Foreign Student Visa Monitoring Program required in the 1996 law (641(a) of 8 U.S.C. 1365a ^*1).
• Requires implementation of Machine Readable Passports, tamper proof passports, and measure to prevent counterfeiting and theft of passports,  moving the deadline up to 2003 instead of 2007 and requires annual audits to Congress on progress and statistics when operational.
• Determine if Consular Shopping is a problem  (the act of going from Consulate to Consulate until a visa is granted) and if necessary proscribe action to prevent this activity -- levied upon Secretary of State.
• Allows the U.S. Attorney General to extend status of an alien  designated a "Principal Alien" if they are a victim of a terrorist attack or activity or whose job or business failed due to terrorist attack or activity for which the Attorney General feels should give the alien special status.  Includes spouse and children of this special class alien.  This measure is also codified to similar support for those on nonimmigrant work permits.
• Extends visas issued but not honored or unable to be used -- however, the various periods have already expired as of June 1, 2002.
• Allows alien spouses of U.S. citizens or of permanent alien residents killed or disabled, or unemployed by damage to or destruction of a business by terrorist activity, certain rights to remain and work or receive benefits as if they were immediate family.  These are based upon those aliens in the United States on September 10, 2001 and does not provide ANY benefits to terrorists or families of terrorists (specified as a September 11, 2001 terrorist with the obvious meaning codified).
• Allows certain funds to be provided to the U.S. Attorney General to offer rewards for information on terrorists or terrorist activities, limiting such rewards to be no more than $250,000 without direct approval of the Attorney General or the President.  The total amount is already regulated at $5,000,000 and requires Congressional oversight in the form of review of awards.
• Modifies the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135a(d)(2)) to include terrorists or conspirators in terrorist activities.
• Allows federal officers to share electronic surveillance information to protect against "...actual or potential attack or other grave hostile acts of a foreign power or an agent of a foreign power; sabotage or international terrorism by a foreign power or an agent of a foreign power; or clandestine intelligence activities by an intelligence service or network of a foreign power or by an agent of a foreign power."
• Allows the U.S. Attorney General or Assistant U.S. Attorney General to request records from an educational institution for cases of suspected international terrorism and sets penalties for unauthorized disclosure of the request as well as protects the institution who provides the information in good faith.  Also includes requests for records from the National Center for Educational Statistics which previously had no provision for release of information for purposes of international terrorism investigations.
• Allows FBI Special Agent in Charge in Field Offices or HQ to request telephone toll and transactional records in the case of suspected terrorist activities as long as the sole basis is not activities protected under the First Amendment.
• Extends Secret Service jurisdiction on credit card fraud and other similar crimes and limits FBI jurisdiction such that it does not conflict with Secret Service jurisdiction.

Providing for Victims of Terrorism

• Provides for aid to families of public safety officers "killed or suffered a catastrophic injury producing permanent and total disability as a direct and proximate result of a personal injury sustained in the line of duty ... in connection with prevention, investigation, rescue, or recovery efforts related to a terrorist attack"
• Defines the formula for distribution of funds to victims and/or their families.
• Exempts such funds received from income tax calculation
• Defines additional terms the Director of the fund may grant funds to qualifying individuals or families.

Information Sharing for Critical Infrastructure

• Expands Regional information sharing system for critical infrastructure protection, investigation and prosecution in relation to terrorist attacks.
• Outlines Definitions of attacks against mass transportation systems (airliners, trains, buses, etc.) including use of NBC weapons.
• Further defines Domestic Terrorism
• Prohibition against Harboring Terrorists
• Extends jurisdiction to crimes at  U.S. facilities abroad
• Defines giving "Material Support for Terrorism"
• Defines Assets of Terrorist Organizations
• Defines the Federal Crime of Terrorism
• Extension of statute of limitations (no statute of limitation) for Terrorism Offenses
• Establishes alternate maximum penalties for Terrorism Offenses and Terrorist Conspiracies
• Sets out supervised released terms for those who finish serving time for Terrorist Offenses
• Includes Terrorism Offenses as Acts of Racketeering enabling racketeering statutes to be used in investigation, prosecution and detention.
• Defines Cyber Terrorism and "protected computers" -- essentially those used in infrastructure and which attacks have injured 1 or more persons.
• Directs the U.S. Attorney General to establish "such regional computer forensic laboratories as the  Attorney General considers appropriate" as well as such support necessary.  $50 million appropriated in the Act.
• Sharpens the definition of the biological weapons statute (Chapter 10 of title 18 USC, section 175)

Improved Intelligence

• Defines sharing of foreign intelligence information by the CIA to whomever the U.S. Attorney General desires
• Adds International Terrorist Activities to the scope of Foreign Intelligence pursuant to the Intelligence act of 1947.
• Provided relief in intelligence reporting in the months following 9/11, relief expired on February 1, 2002.
• Requires the U.S. Attorney General to disclose Foreign Intelligence acquired by the Department of Justice or its elements (i.e. the FBI) to the office of the Director of the CIA.
• Directs the U.S. Attorney within 180 days (6 months from October 24, 2001) to "...develop guidelines to ensure that after receipt of a report from an element of the intelligence community of activity of a foreign intelligence source or potential foreign intelligence source that may warrant investigation as criminal activity, the Attorney General provides notice to the Director of Central Intelligence, within a reasonable period of time, of his intention to commence, or decline to commence, a criminal investigation of such activity."
• Directs the Secretary of Treasury, the U.S. Attorney General and the Director of Central Intelligence to jointly submit a report on improving the "...Foreign Terrorist Asset Tracking Center and the Office of Foreign Assets Control of the Department of the Treasury in order to establish a capability to provide for the  effective and efficient analysis and dissemination of foreign intelligence relating to the financial capabilities and resources of international terrorist organizations."
• Directs the Director of Central Intelligence and Director of the FBI to jointly report "...on the establishment and maintenance within the intelligence community of an element for purposes of providing timely and accurate translations of foreign intelligence for all other elements of the intelligence community. In the report, the element shall be referred to as the `National Virtual Translation Center'."  This includes a secure communications network to elements of the U.S. Intelligence Community (pursuant to definitions in the National Security Act of 1947).

Miscellaneous

• Establish in the Department of Justice a person in the Inspector General's office to receive and review complaints of civil rights and civil liberties abuses and publish contact information in public places as well as report to Congress on activity.
• Adds grants for training and equipment for "First Responders" to terrorist acts
• Directs INS, the U.S. Department of State and Customs to make inadmissible into the United States aliens engaged in money laundering.
• Directs the Secretary of State to establish within 90 days a "Money Laundering Watch list" (should have been ready by the end of January, 2002).
• Authorizes funds for DEA Police Training in South and Central Asia
• Directs a feasibility study for Biometric identification stations at overseas consular posts and U.S. ports of entry.  Involved are Secretary of Transportation, Secretary of State and the U.S. Attorney General.
• Provides not more than $250,000 for providing to airlines the names of those engaged in terrorist activities. (should have been provided in 120 days -- i.e. should have been done by the end of December, 2001)
• Definition and penalties for "Crimes against charitable Americans".
• Defines limitations for HAZMAT licenses including driver fitness, background checks, reporting requirements, definition of the term "alien", etc.
• Defines grants to aid States in the U.S. "... to prepare for and respond to terrorist acts  including events of terrorism involving weapons of mass destruction and biological, nuclear, radiological, incendiary, chemical, and explosive devices."
• Outlines the "Critical Infrastructures Protection Act of 2001"
• Establishes the National Competence for Critical Infrastructure Protection (NCCIP)
• Places the NCCIP under the Defense Threat Reduction Agency of the DoD
• Appropriates $20 million to fund the NCCIP implementation

^*1 = Illegal Immigration Reform and Immigrant Responsibility Act of 1996
 
 

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