The US Patriot Act

The Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (Public Law 107-56), known as USA PATRIOT Act or simply the Patriot Act, is an American act which was signed into law by President George W. Bush on October 26, 2001. The Act passed in the Senate by a vote of 98 to 1, and in the House by a vote of 357 to 66. Although the bill enjoyed widespread Congressional and Presidential support it is a very controversial federal legislation.

Originally passed after the September 11, 2001 attacks, the Act (full text) was formed in response to the terrorist attacks against the United States, and dramatically expanded the authority of American law enforcement for the stated purpose of fighting terrorism in the United States and abroad. It has also been used to detect and prosecute other alleged potential crimes, such as providing false information on terrorism. Federal courts declared some sections unconstitutional because they interfere with civil liberties. It was renewed on March 2, 2006 with a vote of 89 to 11 in the Senate and on March 7 280 to 138 in the House. The renewal was signed into law by President Bush on March 9, 2006.

Some of the more controversial provisions of USA PATRIOT act were largely inspired by the RICO act, which restricted due process for individuals involved in organized crime, racketeering, and drug trafficking. The USA PATRIOT act essentially extended the qualifications to those involved in terrorism.

Scope

Among laws the USA PATRIOT Act amended are immigration laws, banking laws, and money laundering laws. It also amends the Foreign Intelligence Surveillance Act (FISA).

With respect to terrorism definitions, for example, section 802 of the Act created the new crime category of "domestic terrorism." According to this provision, which is found in the U.S. criminal code at 18 U.S.C. § 2331, domestic terrorism means activities that (A) involve acts dangerous to human life that are a violation of the criminal laws of the U.S. or of any state, that (B) appear to be intended (i) to intimidate or coerce a civilian population, (ii) to influence the policy of a government by intimidation or coercion, or (iii) to affect the conduct of a government by mass destruction, assassination, or kidnapping, and (C) occur primarily within the territorial jurisdiction of the U.S.

Section 2331 also includes the crime of international terrorism, which is identical to domestic terrorism, except that it transcends national boundaries. But this provision predates the Act.

Other terrorism definitions are found in section 411 of the Act, which amends sections 212 and 219 of the Immigration and Nationality Act (INA). 8 U.S.C. § 1182 (which is INA sec. 212) relates to "Excludable Aliens." This is where the definitions of "terrorist activity" and "terrorist organization" may be found. 8 U.S.C. § 1189 (INA s. 219) provides for the designation of foreign terrorist organizations.

These provisions interact with other provisions in the criminal code, for example, 18 U.S.C. § 2339A and 18 U.S.C. § 2339B, which criminalize "material support" to terrorists and to foreign terrorist organizations, respectively, drawing on the INA terrorism definitions.