Patriot Act

The Original Act

In his remarks on signing the Patriot Act, President Bush called it “an essential step in defeating terrorism, while protecting the constitutional rights of American citizens,” adding that it gave “intelligence and law enforcement officials important new tools to fight a present danger.” Generally speaking, the Patriot Act is a complex statute covering a wide range of law. It created new crimes and new penalties, and it contains many provisions enabling U.S. government and law enforcement agencies to better coordinate their information exchange and working procedures. The Patriot Act is divided into 10 sections, called “Titles,” and contains hundreds of individual changes in U.S. law. The titles indicate the scope of the act:

Title 1. Enhancing Domestic Security Against Terrorism

Title 2. Enhanced Surveillance Procedures

Title 3. International Money Laundering Abatement and Anti-Terrorist Financing Act of 2001

Title 4. Protecting the Border

Title 5. Removing Obstacles to Investigating Terrorism

Title 6. Providing for Victims of Terrorism, Public Safety Officers, and Their Families

Title 7. Increased Information Sharing for Critical Infrastructure Protection

Title 8. Strengthening the Criminal Laws Against Terrorism

Title 9. Improved Intelligence

Title 10. Miscellaneous

The Patriot Act contains several key provisions that enhance governmental counterterrorism efforts. For example, it authorizes the president to freeze assets under U.S. jurisdiction of any person, organization, or country when U.S. national [Page 468]security is threatened. The act authorizes federal officers who acquire foreign intelligence information to consult with other federal law enforcement officers and encourages federal intelligence officials to “establish and maintain intelligence relationships” with anyone “for the purpose of engaging in lawful intelligence activities.” Similarly, the Patriot Act requires heads of federal law enforcement agencies to disclose foreign intelligence information obtained in the course of a criminal investigation to the director of central intelligence.

The Patriot Act has also had significant impact in the area of criminal law and procedure, anti-money laundering measures, and immigration policy. In the area of criminal law, the act prohibits terrorist attacks against mass transportation systems and harboring terrorists; gives the United States jurisdiction over crimes committed at U.S. facilities abroad; and considers terrorism to be “racketeering activity” so it can be prosecuted under the 1970 Racketeer Influenced and Corrupt Organizations (RICO) statute. Additionally, it created penalties for terrorist conspiracies such as attempting to provide material support for terrorism or knowingly possessing a biological agent that is not for research or other peaceful purposes.

With regard to criminal procedures, the Patriot Act allows the sharing of grand jury information regarding foreign intelligence with federal government and law enforcement officials. It also allows for roving wiretaps under the Foreign Intelligence Surveillance Act (FISA), the seizure of voicemail messages pursuant to a search warrant (instead of under wiretapping procedures), for law enforcement to subpoena additional subscriber records from service providers (contact and payment information), and for law enforcement to delay notice that may be required to give a search warrant if a “court finds reasonable cause to believe” that providing that notice may adversely affect the search.

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