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140-575: The ISE provides analysts, operators, and investigators with information needed to enhance national security. These analysts, operators, and investigators come from a variety of communities - law enforcement, public safety, homeland security, intelligence, defense, and foreign affairs – and may work for federal, state, local, tribal, or territorial governments. They also have mission needs to collaborate and share information with each other and with private sector partners and our foreign allies. Federal agencies and state, local, tribal, and private sector partners —

280-724: A Portland attorney, Brandon Mayfield , was wrongly jailed because of the searches. The court found the searches to violate the provision that prohibits unreasonable searches in the Fourth Amendment to the U.S. Constitution. Roving wiretaps are wiretap orders that do not need to specify all common carriers and third parties in a surveillance court order. These are seen as important by the Department of Justice because they believe that terrorists can exploit wiretap orders by rapidly changing locations and communication devices such as cell phones, while opponents see it as violating

420-413: A safe house , transportation, communications, funds, transfer of funds or other material financial benefit, false documentation or identification, weapons (including chemical , biological , or radiological weapons ), explosives, or training to perform the terrorist act. The INA criteria for making a decision to designate an organization as a terrorist organization was amended to include the definition of

560-647: A 77-day extension in March 2020, but the House of Representatives did not pass the legislation before departing for recess on March 27, 2020. Instead, the Patriot Act was split into two measures as a means of explaining to the public that the Patriot Act would no longer openly be in effect. Final House vote: Final Senate vote: Title I of the Patriot Act authorizes measures to enhance the ability of domestic security services to prevent terrorism. The title established

700-610: A Senate bill introduced earlier in the month. The next day, October 24, the Act passed the House by a vote of 357–66, with Democrats comprising the overwhelming majority of "no"-votes. The three Republicans voting "no" were Robert Ney of Ohio , Butch Otter of Idaho , and Ron Paul of Texas . On October 25, the Act passed the Senate with a vote of 98–1. Russ Feingold (D-WI) voted "no". On October 26, then US President George Bush signed

840-467: A bad track record in combating money-laundering could be blocked. Restrictions were placed on accounts and foreign banks. It prohibited shell banks that are not an affiliate of a bank that has a physical presence in the U.S. or that are not subject to supervision by a banking authority in a non-U.S. country. It also prohibits or restricts the use of certain accounts held at financial institutions. Financial institutions must now undertake steps to identify

980-564: A client to inform their Attorney as to the order because of the gag provision of the letters. The court's judgement found in favour of the ACLU's case, and they declared the law unconstitutional. Later, the USA PATRIOT Act was reauthorized and amendments were made to specify a process of judicial review of NSLs and to allow the recipient of an NSL to disclose receipt of the letter to an attorney or others necessary to comply with or challenge

1120-482: A concentration account, and they are also prohibited from informing their clients about the existence of such accounts. Financial institutions are not allowed to provide any information to clients that may identify such internal accounts. Financial institutions are required to document and follow methods of identifying where the funds are for each customer in a concentration account that co-mingles funds belonging to one or more customers. The definition of money laundering

1260-640: A conference committee criticized by senators from both the Republican and Democratic parties for ignoring civil liberty concerns. The bill, which removed most of the changes from the Senate version, passed Congress on March 2, 2006, and was signed by President Bush on March 9 and 10 of that year. On May 11, 2012, President Barack Obama signed the PATRIOT Sunsets Extension Act of 2011, a four-year extension of three key provisions in

1400-411: A court order; and the expanded access of law enforcement agencies to business records, including library and financial records. Since its passage, several court challenges have been brought against the act, and federal courts have ruled that a number of provisions are unconstitutional. Many of the act's provisions were set to expire on December 31, 2005, approximately four years after its enactment. In

1540-445: A crime to harbor or conceal terrorists, and those who do are subject to a fine or imprisonment of up to 10 years, or both. U.S. forfeiture law was also amended to allow authorities to seize all foreign and domestic assets from any group or individual that is caught planning to commit acts of terrorism against the U.S. or U.S. citizens. Assets may also be seized if they have been acquired or maintained by an individual or organization for

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1680-523: A federal grand jury with other agencies. The scope and availability of wiretapping and surveillance orders were expanded under Title II. Wiretaps were expanded to include addressing and routing information to allow surveillance of packet switched networks —the Electronic Privacy Information Center (EPIC) objected to this, arguing that it does not take into account email or web addresses, which often contain content in

1820-464: A foreign power. U.S. Secret Service jurisdiction was extended to investigate computer fraud, access device frauds, false identification documents or devices, or any fraudulent activities against U.S. financial institutions. The General Education Provisions Act was amended to allow the U.S. Attorney General or Assistant Attorney General to collect and retain educational records relevant to an authorized investigation or prosecution of an offense that

1960-550: A fraudulent activity outside the jurisdiction of the United States, and which would be an offense in the U.S., will be prosecuted under 18 U.S.C.   § 1029 , which deals with fraud and related activity in connection with access devices. Title IV of the Patriot Act amends the Immigration and Nationality Act of 1952 to give more law enforcement and investigative power to the U.S. Attorney General and to

2100-692: A fund for counter-terrorist activities and increased funding for the Terrorist Screening Center which is administered by the FBI. The military was authorized to provide assistance in some situations that involve weapons of mass destruction when so requested by the Attorney General . The National Electronic Crime Task Force was expanded, along with the President 's authority and abilities in cases of terrorism. The title also condemned

2240-556: A government sting. Lakhani had tried to sell a missile to an FBI agent posing as a Somali militant. The definition of counterfeiting was expanded to encompass analog, digital or electronic image reproductions, and it was made an offense to own such a reproduction device. Penalties were increased to 20 years' imprisonment. Money laundering "unlawful activities" was expanded to include the provision of material support or resources to designated foreign terrorist organizations . The Act specifies that anyone who commits or conspires to undertake

2380-478: A manner that evades the BSA's reporting requirements. To make it easier for authorities to regulate and investigate anti-money laundering operations Money Services Businesses (MSBs)—those who operate informal value transfer systems outside of the mainstream financial system—were included in the definition of a financial institution. The BSA was amended to make it mandatory to report suspicious transactions and an attempt

2520-417: A maximum of 20 years. However, if the activity was undertaken while the mass transportation vehicle or ferry was carrying a passenger at the time of the offense, or the offense resulted in the death of any person, then the punishment is a fine and life imprisonment. The title amends the biological weapons statute to define the use of a biological agent, toxin, or delivery system as a weapon, other than when it

2660-402: A number of miscellaneous laws that did not fit into any other section of the USA PATRIOT Act. Hazmat licenses were limited to drivers who pass background checks and who can demonstrate they can handle the materials. The Inspector General of the Department of Justice was directed to appoint an official to monitor, review and report back to Congress all allegations of civil rights abuses against

2800-455: A number of other miscellaneous provisions, including the expansion of the number of FISC judges from seven to eleven (three of which must reside within 20 miles (32 km) of the District of Columbia ), trade Sanctions against North Korea and Taliban -controlled Afghanistan and the employment of translators by the FBI. At the insistence of Republican Representative Richard Armey ,

2940-411: A person to be injured, a threat to public health or safety, or damage to a governmental computer that is used as a tool to administer justice, national defense or national security. Also prohibited was extortion undertaken via a protected computer. The penalty for attempting to damage protected computers through the use of viruses or other software mechanism was set to imprisonment for up to 10 years, while

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3080-506: A request is given legal immunity from any liability that rises from such a production of records. One of the most controversial aspects of the USA PATRIOT Act is in Title V, and relates to National Security Letters (NSLs). An NSL is a form of administrative subpoena used by the FBI, and reportedly by other U.S. government agencies including the CIA and the U.S. Department of Defense (DoD). It

3220-451: A subscriber" but also session times and durations, types of services used, communication device address information (e.g. IP addresses ), payment method and bank account and credit card numbers. Communication providers are also allowed to disclose customer records or communications if they suspect there is a danger to "life and limb". Title II established three very controversial provisions: "sneak and peek" warrants, roving wiretaps and

3360-422: A technology standard to verify the identity of persons applying for a United States visa. The reason was to make the standard the technology basis for a cross-agency, the cross-platform electronic system used for conducting background checks , confirming identities and ensuring that people have not received visas under different names. This report was released on November 13, 2002; however, according to NIST, this

3500-516: A terrorist act. Though the amendments to these definitions are retroactive, it does not mean that it can be applied to members who joined an organization, but since left, before it was designated to be a terrorist organization under 8 U.S.C.   § 1189 by the Secretary of State. The Act amended the INA to add new provisions enforcing mandatory detention laws. These apply to any alien who

3640-429: A terrorist activity. The definition also encompasses activities that are "dangerous to human life that are a violation of the criminal laws of the United States or of any State" and are intended to "intimidate or coerce a civilian population," "influence the policy of a government by intimidation or coercion," or are undertaken "to affect the conduct of a government by mass destruction, assassination, or kidnapping" while in

3780-516: Is a United States Presidential Executive Order signed on August 27, 2004, by President George W. Bush . Its goal was "Strengthening the Sharing of Terrorism Information To Protect Americans". It was supplemented by and partially superseded Executive Order 13388 . Section 1 of the executive order lays out a policy change, instructing the directors of US intelligence agencies: ...to the maximum extent consistent with applicable law   ... give

3920-422: Is a demand letter issued to a particular entity or organization to turn over various records and data pertaining to individuals. They require no probable cause or judicial oversight and also contain a gag order , preventing the recipient of the letter from disclosing that the letter was ever issued. Title V allowed the use of NSLs to be made by a Special Agent in charge of a Bureau field office, where previously only

4060-528: Is also spelled out in Title X, where there was condemnation of such activities against Sikh Americans, who were mistaken for Muslims after the September 11 terrorist attack. Title II is titled "Enhanced Surveillance Procedures" and covers all aspects of the surveillance of suspected terrorists, those suspected of engaging in computer fraud or abuse, and agents of a foreign power who are engaged in clandestine activities. It primarily made amendments to FISA and

4200-435: Is defined as a Federal crime of terrorism and which an educational agency or institution possesses. The Attorney General or Assistant Attorney General must "certify that there are specific and articulable facts giving reason to believe that the education records are likely to contain information [that a Federal crime of terrorism may be being committed]." An education institution that produces education records in response to such

4340-530: Is defined as committing, inciting to commit or planning and preparing to undertake an act of terrorism. Included in this definition is the gathering of intelligence information on potential terrorist targets, the solicitation of funds for a terrorist organization or the solicitation of others to undertake acts of terrorism. Those who provide knowing assistance to a person who is planning to perform such activities are defined as undertaking terrorist activities. Such assistance includes affording material support, including

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4480-535: Is disseminated for efficient and effective foreign intelligence purposes. With the exception of information that might jeopardize an ongoing law enforcement investigation, it was made a requirement that the Attorney General, or the head of any other department or agency of the Federal Government with law enforcement responsibilities, disclose to the director any foreign intelligence acquired by

4620-461: Is engaged in terrorism, or who is engaged in an activity that endangers U.S. national security. It also applies to those who are inadmissible or who must be deported because it is certified they are attempting to enter to undertake illegal espionage ; are exporting goods, technology, or sensitive information illegally; or are attempting to control or overthrow the government; or have, or will have, engaged in terrorist activities. The Attorney General or

4760-729: Is intended or is likely to have a material impact on detecting, preventing, disrupting, responding to, or mitigating terrorist activity. Examples include: terrorism watchlisting, person and cargo screening, suspicious activity reporting, and alerts, warnings and notifications. The PM-ISE facilitates the development of the ISE by bringing together mission partners and aligning business processes, standards and architecture, security and access controls, privacy protections, and best practices. The Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT) Act of 2001 removed barriers that once restricted

4900-557: Is intended to facilitate the prevention, detection, and prosecution of international money laundering and the financing of terrorism . It primarily amends portions of the Money Laundering Control Act of 1986 (MLCA) and the Bank Secrecy Act of 1970 (BSA). It was divided into three subtitles. The first subtitle deals primarily with strengthening banking rules against money laundering, especially on

5040-674: Is not conducted solely upon the basis of activities protected by the first amendment to the Constitution." Though it was not targeted directly at libraries, the American Library Association (ALA), in particular, opposed this provision. In a resolution passed on June 29, 2005, they stated that "Section 215 of the USA PATRIOT Act allows the government to secretly request and obtain library records for large numbers of individuals without any reason to believe they are involved in illegal activity." The title also covers

5180-662: Is subject to appeal to the United States Court of Appeals for the District of Columbia Circuit. Provisions were also made for a report to be required every six months of such decisions from the U.S. Attorney General to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate . A sense of Congress was given that the U.S. Secretary of State should expedite

5320-553: Is to increase the ability of U.S. law enforcement to counter terrorist activity that crosses jurisdictional boundaries. It does this by amending the Omnibus Crime Control and Safe Streets Act of 1968 to include terrorism as a criminal activity. Title VIII alters the definitions of terrorism and establishes or re-defines rules with which to deal with it. It redefined the term "domestic terrorism" to broadly include mass destruction as well as assassination or kidnapping as

5460-525: Is to manage the ISE, oversee its implementation, assist in the development of ISE standards and practices, and monitor and assess its implementation by federal departments and agencies. IRTPA also established an Information Sharing Council to advise the U.S. President and the Program Manager on the development of ISE policies, procedures, guidelines, and standards, and to ensure proper coordination among federal departments and agencies participating in

5600-407: Is used for " prophylactic , protective, bona fide research, or other peaceful purposes." Penalties for anyone who cannot prove reasonably that they are using a biological agent, toxin or delivery system for these purposes are 10 years' imprisonment, a fine or both. A number of measures were introduced in an attempt to prevent and penalize activities that are deemed to support terrorism. It was made

5740-567: The Archbishop of Washington in a Mass on September 12, 2001 for our Nation and the victims in the immediate aftermath of the terrorist hijackings and attacks in New York City, Washington, D.C. , and Pennsylvania reminds all Americans that 'We must seek the guilty and not strike out against the innocent or we become like them who are without moral guidance or proper direction.'" Further condemnation of racial vilification and violence

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5880-569: The Immigration and Naturalization Service (INS). The Attorney General was authorized to waive any cap on the number of full-time employees (FTEs) assigned to the INS on the Northern border of the United States. Enough funds were set aside to triple the maximum number of U.S. Border Patrol personnel, Customs Service personnel and INS inspectors along with an additional US$ 50,000,000 funding for

6020-577: The National Crime Information Center to determine whether visa applicants and applicants could be admitted to the U.S. The U.S. Department of State was required to form final regulations governing the procedures for taking fingerprints and the conditions with which the department was allowed to use this information. Additionally, the National Institute of Standards and Technology (NIST) was ordered to develop

6160-573: The Telemarketing and Consumer Fraud and Abuse Prevention Act to require telemarketers who call on behalf of charities to disclose the purpose and other information, including the name and mailing address of the charity the telemarketer is representing. It also increased the penalties from one year's imprisonment to five years' imprisonment for those committing fraud by impersonating a Red Cross member. #FIXME LEGEND NEEDED 50 USC 1861 Executive Order 13356 Executive Order 13356

6300-437: The Act had a number of sunset provisions built in, which were originally set to expire on December 31, 2005. The sunset provision of the Act also took into account any ongoing foreign intelligence investigations and allowed them to continue once the sections had expired. The provisions that were to expire are below. Title III of the Act, titled "International Money Laundering Abatement and Financial Anti-Terrorism Act of 2001,"

6440-479: The Act: roving wiretaps , searches of business records , and conducting surveillance of "lone wolves" (individuals suspected of terrorist-related activities not linked to terrorist groups). . After reauthorization bills failed to pass Congress, parts of the Patriot Act expired on June 1, 2015. The USA Freedom Act , which became law on June 2, 2015, reenacted these expired sections through 2019. However, Section 215 of

6580-422: The Attorney General or the Secretary of Treasury. The financial institution can be fined $ US 10,000 for each day the account remains open after the 10-day limit has expired. The second annotation made a number of modifications to the BSA in an attempt to make it harder for money launderers to operate and easier for law enforcement and regulatory agencies to police money laundering operations. One amendment made to

6720-436: The Attorney General's deputy may maintain custody of such aliens until they are removed from the U.S. unless it is no longer deemed they should be removed, in which case they are released. The alien can be detained for up to 90 days but can be held up to six months after it is deemed that they are a national security threat. However, the alien must be charged with a crime or removal proceedings start no longer than seven days after

6860-436: The Attorney General, for the full or significant dismantling of any terrorist organization and to identify any key leaders of terrorist organizations. The U.S. Secretary of State was given authority to pay greater than $ US5 million if he so determines it would prevent terrorist actions against the United States and Canada. The DNA Analysis Backlog Elimination Act was amended to include terrorism or crimes of violence in

7000-431: The BSA was to allow the designated officer or agency who receives suspicious activity reports to notify U.S. intelligence agencies. A number of amendments were made to address issues related to record keeping and financial reporting. One measure was a new requirement that anyone who does business file a report for any coin and foreign currency receipts that are over US$ 10,000 and made it illegal to structure transactions in

7140-710: The BSA were made through subtitle B, including granting the Board of Governors of the Federal Reserve System power to authorize personnel to act as law enforcement officers to protect the premises, grounds, property and personnel of any U.S. National reserve bank and allowing the Board to delegate this authority to U.S. Federal reserve bank. Another measure instructed United States Executive Directors of international financial institutions to use their voice and vote to support any country that has taken action to support

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7280-1095: The Crime Victims Fund to support crime victim assistance programs. An amendment was made to VOCA to include offers of assistance to crime victims in Washington, D.C. , Puerto Rico , the U.S. Virgin Islands , or any other U.S. territory. VOCA also provides for compensation and assistance to victims of terrorism or mass violence. This was amended to allow the director to make supplemental grants to States for eligible crime victim compensation and assistance programs, and to victim service organizations, public agencies (including Federal, State, or local governments) and non-governmental organizations that provide assistance to victims of crime. The funds could be used to provide emergency relief, including crisis response efforts, assistance, compensation, training and technical assistance for investigations and prosecutions of terrorism. Title VII has one section. The purpose of this title

7420-512: The DoJ. It amended the definition of "electronic surveillance" to exclude the interception of communications done through or from a protected computer where the owner allows the interception, or is lawfully involved in an investigation. Money laundering cases may now be brought in the district where the money laundering was committed or where a money laundering transfer started from. Aliens who committed money laundering were also prohibited from entering

7560-485: The ECPA; furthermore, many of the most controversial aspects of the USA PATRIOT Act reside in this title. In particular, the title allows government agencies to gather "foreign intelligence information" from both U.S. and non-U.S. citizens and changed FISA to make gaining foreign intelligence information the significant purpose of FISA-based surveillance, where previously it had been the primary purpose. The change in definition

7700-462: The FBI believes it can legally obtain information including an individual's complete web browsing history , the IP addresses of everyone a person has corresponded with, and all the records of all online purchases within the last 180 days. The FBI also claims via the extension of an NSL, it can obtain cell site location information. In the landmark case of Nicholas Merrill the FBI in specific sought to seek

7840-522: The FBI's database to flag suspected criminals. Another study was also commissioned to determine the feasibility of providing airlines names of suspected terrorists before they boarded flights. The Department of Defense was given temporary authority to use their funding for private contracts for security purposes. The last title also created a new Act called the Crimes Against Charitable Americans Act which amended

7980-524: The FBI's position as, "extreme and overly broad," affirming that "courts cannot, consistent with the First Amendment, simply accept the Government's assertions that disclosure would implicate and create a risk." He also found that the FBI's gag order on Mr. Merrill "implicates serious issues, both with respect to the First Amendment and accountability of the government to the people." Initially,

8120-605: The Federal Government who do not normally encounter or disseminate foreign intelligence in the performance of their duties, and State and local government officials who encounter, or potentially may encounter in the course of a terrorist event, foreign intelligence in the performance of their duties. A sense of Congress was expressed that officers and employees of the intelligence community should be encouraged to make every effort to establish and maintain intelligence relationships with any person, entity, or group while they conduct lawful intelligence activities. Title X created or altered

8260-668: The Foreign Terrorist Asset Tracking Center and the Office of Foreign Assets Control of the Department of the Treasury . It was due by February 1, 2002; however, it was never written. The Senate Select Committee on Intelligence later complained that "[t]he Director of Central Intelligence and the Secretary of the Treasury failed to provide a report, this time in direct contravention of a section of

8400-551: The IIRIRA. which records the date and port of entry of each foreign student. The program was expanded to include other approved educational institutions, including air flight schools, language training schools or vocational schools that are approved by the Attorney General, in consultation with the Secretary of Education and the Secretary of State. US$ 36,800,000 was appropriated for the Department of Justice to spend on implementing

8540-657: The INS and the U.S. Customs Service to improve technology for monitoring the Northern Border and acquiring additional equipment at the Canadian northern border. The INS was also given the authority to authorize overtime payments of up to an extra US$ 30,000 a year to INS employees. Access was given to the U.S. State Department and the INS to criminal background information contained in the National Crime Information Center's Interstate Identification Index (NCIC-III), Wanted Persons File and any other files maintained by

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8680-477: The ISE Mission Partners — deliver, and operate, the ISE and are accountable for sharing to enable end-to-end mission processes that support counterterrorism. The PM-ISE works with ISE Mission Partners to improve the management, discovery, fusing, sharing, delivery of, and collaboration around terrorism-related information. The primary focus is any mission process, anywhere in the United States, that

8820-463: The ISE and assigned Cabinet officials responsibility for resolving some of the more complicated issues associated with information sharing. The U.S. President directed that the ISE be established by building upon "existing Federal Government policies, standards, procedures, programs, systems, and architectures (collectively "resources") used for the sharing and integration of and access to terrorism-related information, and ... leverage those resources to

8960-928: The ISE. Under the Obama Administration, the Information Sharing Council has been integrated into the White House policy process through the Information Sharing and Access Interagency Policy Committee (IPC), so that the important work of the ISC will move forward under the auspices of the Executive Office of the President. On August 27, 2004, in response to the Recommendations of the 9/11 Commission ,

9100-660: The Implementing Recommendations of the 9/11 Commission Act of 2007 included amendments to section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 and to the Homeland Security Act of 2002. The new law expanded the scope of the ISE to explicitly include homeland security information and weapons of mass destruction information. It also endorses and formalizes many of the recommendations developed in response to

9240-649: The Intelligence Community's Foreign Language Capabilities, April 29, 2002" was received more than two months late, which the Senate Select Committee on Intelligence reported was "a delay which, in addition to contravening the explicit words of the statute, deprived the Committee of timely and valuable input into its efforts to craft this legislation." Another report was commissioned on the feasibility and desirability of reconfiguring

9380-404: The Intelligence Reform and Terrorism Prevention Act of 2004, the U.S. President issued a Memorandum to Heads of Executive Departments and Agencies prescribing the guidelines and requirements in support of the creation and implementation of the ISE. The Memorandum contained two requirements and five guidelines which prioritize efforts the U.S. President believes are most critical to the development of

9520-495: The Patriot Act into law. Opponents of the law have criticized its provision for indefinite detention of immigrants; permission to law enforcement to search a home or business without the owner's or the occupant's consent or knowledge under certain circumstances; the expanded use of National Security Letters , which allows the Federal Bureau of Investigation (FBI) to search telephone, email, and financial records without

9660-644: The President's information sharing guidelines, such as the creation of the Interagency Threat Assessment and Coordination Group, and the development of a national network of State and major urban area fusion centers . Patriot Act The USA PATRIOT Act (commonly known as the Patriot Act ) was a landmark Act of the United States Congress , signed into law by President George W. Bush . The formal name of

9800-586: The U.S. Grants were provided to first responders to assist them in responding to and preventing terrorism. US$ 5,000,000 was authorized to be provided to the Drug Enforcement Administration (DEA) to train police in South and East Asia . The Attorney General was directed to commission a study on the feasibility of using biometric identifiers to identify people as they attempt to enter the United States, and which would be connected to

9940-447: The U.S. Department of Justice. The U.S. Attorney General and Director of Central Intelligence both were directed to develop procedures for the Attorney General to follow in order to inform the director, in a timely manner, of any intention of investigating criminal activity of a foreign intelligence source or potential foreign intelligence source based on the intelligence tip-off of a member of the intelligence community. The Attorney General

10080-494: The U.S. President issued Executive Order 13356 , Strengthening the Sharing of Terrorism Information to Protect Americans. In it the U.S. President directed agencies to give the "highest priority" to the prevention of terrorism and the "interchange of terrorism information [both] among agencies" and "between agencies and appropriate authorities of States and local governments." The U.S. President further directed that this improved information sharing be accomplished in ways that "protect

10220-571: The U.S. Thus any restraining order , seizure warrant or arrest warrant may be made against the funds in the interbank account held at a U.S. financial institution, up to the amount deposited in the account at the foreign bank. Restrictions were placed on the use of internal bank concentration accounts because such accounts do not provide an effective audit trail for transactions, and this may be used to facilitate money laundering. Financial institutions are prohibited from allowing clients to specifically direct them to move funds into, out of, or through

10360-411: The U.S. by non-U.S. citizens. There is also an expectation that they must undertake enhanced scrutiny of the account if it is owned by, or is being maintained on behalf of, any senior political figure where there is reasonable suspicion of corruption . Any deposits made from within the U.S. into foreign banks are now deemed to have been deposited into any interbank account the foreign bank may have in

10500-498: The U.S. would be obligated under a mutual treaty with a foreign nation to extradite a person, or where the U.S. would need to submit a case against a person for prosecution because of the treaty; the import of falsely classified goods; computer crime ; and any felony violation of the Foreign Agents Registration Act of 1938 . It also allows the forfeiture of any property within the jurisdiction of

10640-486: The U.S.'s War on Terrorism. Executive Directors are now required to provide ongoing auditing of disbursements made from their institutions to ensure that no funds are paid to persons who commit, threaten to commit, or support terrorism. The third subtitle deals with currency crimes. Largely because of the effectiveness of the BSA, money launders had been avoiding traditional financial institutions to launder money and were using cash-based businesses to avoid them. A new effort

10780-457: The USA PATRIOT Act" and they further directed "that the statutorily-directed report be completed immediately, and that it should include a section describing the circumstances which led to the Director's failure to comply with lawful reporting requirements." Other measures allowed certain reports on intelligence and intelligence-related matters to be deferred until at least February 1, 2002, if

10920-407: The United States and other countries, with the information to remain with the transfer from its origination until the point of disbursement. The Secretary was also ordered to encourage international cooperation in investigations of money laundering, financial crimes , and the finances of terrorist groups. The Act also introduced criminal penalties for corrupt officialdom. An official or employee of

11060-470: The United States because of being unable to make important deadlines because of the September 11 terrorist attacks, or had become ineligible to apply for special immigration status because their loved one died in the attacks. Title V allows the U.S. Attorney General to pay rewards pursuant of advertisements for assistance to the Department of Justice to combat terrorism and prevent terrorist acts, though amounts over $ US250,000 may not be made or offered without

11200-430: The United States that was gained as the result of an offense against a foreign nation that involves the manufacture, importation, sale, or distribution of a controlled substance. Foreign nations may now seek to have a forfeiture or judgment notification enforced by a district court of the United States. This is done through new legislation that specifies how the U.S. government may apply for a restraining order to preserve

11340-690: The United States. The law governing obligatory and voluntary disclosure of customer communications by cable companies was altered to allow agencies to demand such communications under U.S.C. Title 18 provisions relating to the disclosure of electronic communications (chapter 119), pen registers and trap and trace devices (chapter 206) and stored communications (121), though it excluded the disclosure of cable subscriber viewing habits. Subpoenas issued to Internet Service Providers were expanded to include not only "the name, address, local and long distance telephone toll billing records, telephone number or other subscriber number or identity, and length of service of

11480-561: The ability of the FBI to gain access to documents that reveal the patterns of U.S. citizens. The so-called "sneak and peek" law allowed for delayed notification of the execution of search warrants. The period before which the FBI must notify the recipients of the order was unspecified in the Act—the FBI field manual says that it is a "flexible standard" —and it may be extended at the court's discretion. These sneak and peek provisions were struck down by judge Ann Aiken on September 26, 2007, after

11620-558: The act included three main provisions: The law is extremely controversial due to its authorization of indefinite detention without trial of immigrants, and due to the permission given to law enforcement to search property and records without the owner's consent or knowledge. Since its passage, several legal challenges have been brought against the act, and federal courts have ruled that a number of provisions are unconstitutional. It contains many sunset provisions beginning December 31, 2005, approximately four years after its passage. Before

11760-535: The address information. The Act allowed any district court judge in the United States to issue such surveillance orders and search warrants for terrorism investigations. Search warrants were also expanded, with the Act amending Title III of the Stored Communications Access Act to allow the FBI to gain access to stored voicemail through a search warrant, rather than through the more stringent wiretap laws. Various provisions allowed for

11900-747: The aggregate amounts of transactions processed from areas of the world where money laundering is a concern to the U.S. government. It even made institutions put into place reasonable steps to identify beneficial owners of bank accounts and those who are authorized to use or route funds through payable-through accounts . The U.S. Department of Treasury was charged with formulating regulations intended to foster information sharing between financial institutions to prevent money-laundering. Along with expanding record keeping requirements, it put new regulations into place to make it easier for authorities to identify money laundering activities and to make it harder for money launderers to mask their identities. If money laundering

12040-409: The alien's detention, otherwise the alien will be released. However, such detentions must be reviewed every six months by the Attorney General, who can then decide to revoke it, unless prevented from doing so by law. Every six months the alien may apply, in writing, for the certification to be reconsidered. Judicial review of any action or decision relating to this section, including judicial review of

12180-436: The availability of property which is subject to a foreign forfeiture or confiscation judgement. In taking into consideration such an application, emphasis is placed on the ability of a foreign court to follow due process . The Act also requires the Secretary of Treasury to take all reasonable steps to encourage foreign governments make it a requirement to include the name of the originator in wire transfer instructions sent to

12320-522: The capability of performing forensic examinations of intercepted computer evidence relating to criminal activity and cyberterrorism, and that have the capability of training and educating Federal, State, and local law enforcement personnel and prosecutors in computer crime, and to "facilitate and promote the sharing of Federal law enforcement expertise and information about the investigation, analysis, and prosecution of computer-related crime with State and local law enforcement personnel and prosecutors, including

12460-460: The director or the deputy assistant director of the FBI were able to certify such requests. This provision of the Act was challenged by the ACLU on behalf of an unknown party against the U.S. government on the grounds that NSLs violate the First and Fourth Amendments of the U.S. Constitution because there is no way to legally oppose an NSL subpoena in court, and that it was unconstitutional not to allow

12600-546: The disclosure of electronic communications to law enforcement agencies. Those who operate or own a "protected computer" can give permission for authorities to intercept communications carried out on the machine, thus bypassing the requirements of the Wiretap statute. The definition of a "protected computer" is defined in 18 U.S.C.   § 1030(e)(2) and broadly encompasses those computers used in interstate or foreign commerce or communication, including ones located outside

12740-518: The discrimination against Arab and Muslim Americans that happened soon after the September 11 terrorist attacks. The impetus for many of the provisions came from earlier bills, for instance the condemnation of discrimination was originally proposed by Senator Tom Harkin ( D - IA ) in an amendment to the Combatting Terrorism Act of 2001 , though in a different form. It originally included "the prayer of Cardinal Theodore McCarrick ,

12880-403: The following information on an account: DSL account information, radius log, subscriber name and related subscriber information, account number, date the account opened or closed, addresses associated with the account, subscriber day/evening telephone numbers, screen names or other on-line names associated with the account, order forms, records relating to merchandise orders/shipping information for

13020-485: The forfeiture of all a defendant's property that was involved in the offense, and any property traceable to the defendant. The Act prohibits and penalizes those who run unlicensed money transmitting businesses. In 2005, this provision of the USA PATRIOT Act was used to prosecute Yehuda Abraham for helping to arrange money transfers for British arms dealer Hemant Lakhani , who was arrested in August 2003 after being caught in

13160-455: The freedom, information privacy, and other legal rights of Americans." On October 25, 2005, the U.S. President issued Executive Order 13388 , Further Strengthening the Sharing of Terrorism Information to Protect Americans, superseding Executive Order 13356, to facilitate the work of the Program Manager, expedite the establishment of the ISE, and restructure the Information Sharing Council. On December 16, 2005, in accordance with section 1016 of

13300-622: The full implementation of the integrated entry and exit data system for airports, seaports, and land border ports of entry specified in the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA). They also found that the U.S. Attorney General should immediately start the Integrated Entry and Exit Data System Task Force specified in section 3 of the Immigration and Naturalization Service Data Management Improvement Act of 2000 . Congress wanted

13440-495: The goal of developing automated translation facilities to assist with the timely and accurate translation of foreign intelligence information for elements of the U.S. intelligence community. The USA PATRIOT Act required this to be provided on February 1, 2002; however, the report, entitled "Director of Central Intelligence Report on the National Virtual Translation Center: A Concept Plan to Enhance

13580-493: The government who acts corruptly—as well as the person who induces the corrupt act—in the carrying out of their official duties will be fined by an amount that is not more than three times the monetary equivalent of the bribe in question. Alternatively they may be imprisoned for not more than 15 years, or they may be fined and imprisoned. Penalties apply to financial institutions who do not comply with an order to terminate any corresponding accounts within 10 days of being so ordered by

13720-415: The greatest extent practicable ... connects existing systems ... builds upon existing systems capabilities currently in use across the Government ... facilitates the sharing of information at and across all levels of security ... and incorporates protections for individuals' privacy and civil liberties." IRTPA required the U.S. President designate a Program Manager for the ISE. The role of the Program Manager

13860-499: The homeland, to better protect our Nation's critical infrastructure, integrate our emergency response networks, and link State and Federal Governments. On July 29, 2003, the U.S. President issued Executive Order 13311 , addressing key information sharing provisions in the Homeland Security Act. The Intelligence Reform and Terrorism Prevention Act of 2004 (IRTPA) reorganized the Intelligence Community and established

14000-464: The international stage. The second subtitle attempts to improve communication between law enforcement agencies and financial institutions, as well as expanding recordkeeping and reporting requirements. The third subtitle deals with currency smuggling and counterfeiting, including quadrupling the maximum penalty for counterfeiting foreign currency. The first subtitle also tightened the recordkeeping requirements for financial institutions, making them record

14140-444: The jurisdiction of the United States. Terrorism is also included in the definition of racketeering . Terms relating to cyber-terrorism are also redefined, including the term "protected computer," "damage," "conviction," "person," and "loss." New penalties were created to convict those who attack mass transportation systems . If the offender committed such an attack while no passenger was on board, they are fined and imprisoned for

14280-499: The key principles of Executive Order 13356 and directed the establishment of the Information Sharing Environment. The U.S. President was charged to create the ISE, designate its organization and management structure, and determine and enforce the policies and rules to govern the ISE's content and usage. The law further required the ISE be "a decentralized, distributed, and coordinated environment" that "to

14420-400: The last 180 days, all billing related to the account, internet service provider (ISP), all email addresses associated with the account, internet protocol address assigned to the account, all website information registered to the account, uniform resource locator address assigned to the account, any other information which you consider to be an electronic communication transactional record. This

14560-520: The law by defining the definitions of the "material support or resources," "training," and "expert advise or resources." Cyberterrorism was dealt with in various ways. Penalties apply to those who either damage or gain unauthorized access to a protected computer and then commit a number of offenses. These offenses include causing a person to lose an aggregate amount greater than US$ 5,000, as well as adversely affecting someone's medical examination, diagnosis or treatment. It also encompasses actions that cause

14700-459: The law has expired. The Patriot Act was enacted in direct response to the September 11 attacks on the United States, and the 2001 anthrax attacks , with the stated goal of dramatically strengthening national security . On October 23, 2001, U.S. Representative Jim Sensenbrenner (R-WI) introduced House bill H.R. 3162, which incorporated provisions from a previously-sponsored House bill, and

14840-572: The law was amended to disallow the National Security Agency (NSA) to continue its mass phone data collection program. Instead, phone companies will retain the data and the NSA can obtain information about targeted individuals with a federal search warrant . In November 2019, the renewal of the Patriot Act was included in the stop-gap government funding bill. The expired provisions required renewal by March 15, 2020. The Senate passed

14980-619: The line of duty. Payments must be made no later than 30 days later. The Assistant Attorney General was given expanded authority under Section 614 of the USA PATRIOT Act to make grants to any organization that administers any Office of Justice Programs , which includes the Public Safety Officers Benefits Program. Further changes to the Victims of Crime Fund increased the amount of money in the Fund and changed

15120-527: The list of qualifying Federal offenses. Another perceived obstacle was to allow federal agencies to share information with federal law enforcement agencies. Thus, the act now allows federal officers who acquire information through electronic surveillance or physical searches to consult with federal law enforcement officers to coordinate efforts to investigate or protect against potential or actual attacks, sabotage or international terrorism or clandestine intelligence activities by an intelligence service or network of

15260-635: The maximum extent practicable, with the objective of establishing a decentralized, comprehensive, and coordinated environment for the sharing and integration of such information." The U.S. President also directed the heads of executive departments and agencies to "actively work to create a culture of information sharing within their respective departments or agencies by assigning personnel and dedicating resources to terrorism-related information sharing, by reducing disincentives to such sharing, and by holding their senior managers accountable for improved and increased sharing of such information.". Later, in August 2007,

15400-559: The merits of a certification, can be held under habeas corpus proceedings. Such proceedings can be initiated by an application filed with the United States Supreme Court , by any justice of the Supreme Court, by any circuit judge of the United States Court of Appeals for the District of Columbia Circuit , or by any district court otherwise having jurisdiction to entertain the application. The final order

15540-426: The months preceding the sunset date, supporters of the act pushed to make those provisions permanent, while critics sought to revise various sections to enhance civil liberties protections. In July 2005, the U.S. Senate passed a reauthorization bill with substantial changes to several of the act's sections, while the House reauthorization bill kept most of the act's original language. The two bills were then reconciled in

15680-453: The official involved certified that preparation and submission on February 1, 2002, would impede the work of officers or employees engaged in counterterrorism activities. Any such deferral required congressional notification before it was authorized. The Attorney General was charged with training officials in identifying and utilizing foreign intelligence information properly in the course of their duties. The government officials include those in

15820-456: The order. However, in 2007, the U.S. District Court struck down even the reauthorized NSLs because the gag power was unconstitutional as courts could still not engage in a meaningful judicial review of these gags. On August 28, 2015, Judge Victor Marrero of the federal district court in Manhattan ruled the gag order of Nicholas Merrill was unjustified. In his decision, Judge Marrero described

15960-422: The owners of any privately owned bank outside the U.S. who have a correspondent account with them, along with the interests of each of the owners in the bank. It is expected that additional scrutiny will be applied by the U.S. institution to such banks to make sure they are not engaging in money laundering. Banks must identify all the nominal and beneficial owners of any private bank account opened and maintained in

16100-477: The particularity clause of the Fourth Amendment . Another highly controversial provision is one that allows the FBI to make an order "requiring the production of any tangible things (including books, records, papers, documents, and other items) for an investigation to protect against international terrorism or clandestine intelligence activities, provided that such investigation of a United States person

16240-422: The penalty for unauthorized access and subsequent damage to a protected computer was increased to more than five years' imprisonment. However, should the offense occur a second time, the penalty increases up to 20 years' imprisonment. The act also specified the development and support of cybersecurity forensic capabilities. It directs the Attorney General to establish regional computer forensic laboratories that have

16380-483: The personal approval of the Attorney General or President, and once the award is approved the Attorney General must give written notice to the Chairman and ranking minority members of the Committee on Appropriations and the Judiciary of the Senate and of the House of Representatives. The State Department Basic Authorities Act of 1956 was amended to allow the U.S. State Department to offer rewards, in consultation with

16520-611: The position of Director of National Intelligence to serve as the U.S. President's chief intelligence advisor and the head of the Intelligence Community, and to ensure closer coordination and integration of the 16 agencies that make up the Intelligence Community. IRTPA also established the National Counterterrorism Center (NCTC) to serve as a multiagency center analyzing and integrating all intelligence pertaining to terrorism, including threats to U.S. interests at home and abroad. Section 1016 of IRTPA embraced

16660-432: The prevention and prosecution of money-laundering. Financial institutions were ordered to establish anti-money laundering programs and the BSA was amended to better define anti-money laundering strategy. Also increased were civil and criminal penalties for money laundering and the introduction of penalties for violations of geographic targeting orders and certain record-keeping requirements. A number of other amendments to

16800-428: The primary focus of development of the entry-exit data system was to be on the utilization of biometric technology and the development of tamper-resistant documents readable at ports of entry. They also wanted the system to be able to interface with existing law enforcement databases. The Attorney General was ordered to implement and expand the foreign student monitoring program that was established under section 641(a) of

16940-458: The program. The Secretary of State was ordered to audit and report back to Congress on the Visa waiver program specified under 8 U.S.C.   § 1187 for each fiscal year until September 30, 2007. The Secretary was also ordered to check for the implementation of precautionary measures to prevent the counterfeiting and theft of passports as well as ascertain that countries designated under

17080-498: The purposes of further terrorist activities. One section of the Act (section 805) prohibited "material support" for terrorists, and in particular included "expert advice or assistance." In 2004, after the Humanitarian Law Project filed a civil action against the U.S. government, a Federal District Court struck this down as unconstitutionally vague; but in 2010 the Supreme Court upheld it. Congress later improved

17220-429: The ruling was released in redaction by Judge Marrero. The FBI was given 90 days to pursue any other alternative course of action but elected not to do so. Upon release of the unredacted ruling on November 30, 2015, it was revealed for the first time the extent to which the FBI's NSL accompanied by a gag order sought to collect information. Through the court documents, it was revealed for the first time that through an NSL,

17360-480: The sharing of information between the law enforcement and intelligence communities. The Homeland Security Act of 2002 established the Department of Homeland Security (DHS) in part to improve the sharing of information among Federal, State, and local government agencies and the private sector, in order to enhance the Nation's ability to detect, identify, understand, and assess terrorist threats to and vulnerabilities of

17500-547: The statute is the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT) Act of 2001 , and the commonly used short name is a contrived acronym that is embedded in the name set forth in the statute. The Patriot Act was enacted following the September 11 attacks and the 2001 anthrax attacks with the stated goal of tightening U.S. national security , particularly as it related to foreign terrorism . In general,

17640-441: The statutory requirement that the government prove a surveillance target under FISA is a non-U.S. citizen and agent of a foreign power, though it did require that any investigations must not be undertaken on citizens who are carrying out activities protected by the First Amendment. The title also expanded the duration of FISA physical search and surveillance orders, and gave authorities the ability to share information gathered before

17780-562: The sunset date, an extension was passed for four years which kept most of the law intact. In May 2011, President Barack Obama signed the PATRIOT Sunset Extensions Act of 2011, which extended three provisions. These provisions were modified and extended until 2019 by the USA Freedom Act , passed in 2015. In 2020, efforts to extend the provisions were not passed by the House of Representatives, and as such,

17920-576: The use of multijurisdictional task forces." The sum of $ 50,000,000 was authorized for establishing such labs. Title IX amends the National Security Act of 1947 to require the Director of Central Intelligence (DCI) to establish requirements and priorities for foreign intelligence collected under FISA and to provide assistance to the U.S. Attorney General to ensure that information derived from electronic surveillance or physical searches

18060-524: The visa waiver program have established a program to develop tamper-resistant passports. The Secretary was also ordered to report back to Congress on whether consulate shopping was a problem. The last subtitle, which was introduced by Senators John Conyers and Patrick Leahy, allows for the preservation of immigration benefits for victims of terrorism, and the families of victims of terrorism. They recognized that some families, through no fault of their own, would either be ineligible for permanent residence in

18200-506: The way that funds were distributed. The amount available for grants made through the Crime Victim Fund to eligible crime victim compensation programs were increased from 40 percent to 60 percent of the total in the Fund. A program can provide compensation to U.S. citizens who were adversely affected overseas. Means testing was also waived for those who apply for compensation. Under VOCA, the director may make an annual grant from

18340-425: Was retroactively amended to disallow aliens who are part of or representatives of a foreign organization or any group who endorses acts of terrorism from entering the U.S. This restriction also included the family of such aliens. The definition of "terrorist activity" was strengthened to include actions involving the use of any dangerous device (and not just explosives and firearms). To "engage in terrorist activity"

18480-576: Was also directed to develop procedures on how to best administer these matters. International terrorist activities were made to fall within the scope of foreign intelligence under the National Security Act . A number of reports were commissioned relating to various intelligence-related government centers. One was commissioned into the best way of setting up the National Virtual Translation Center , with

18620-435: Was amended to make it a criminal offense to evade currency reporting by concealing more than US$ 10,000 on any person or through any luggage, merchandise or other container that moves into or out of the U.S. The penalty for such an offense is up to 5 years' imprisonment and the forfeiture of any property up to the amount that was being smuggled. It also made the civil and criminal penalty violations of currency reporting cases be

18760-554: Was expanded to include making a financial transaction in the U.S. in order to commit a violent crime; the bribery of public officials and fraudulent dealing with public funds; the smuggling or illegal export of controlled munition and the importation or bringing in of any firearm or ammunition not authorized by the U.S. Attorney General and the smuggling of any item controlled under the Export Administration Regulations. It also includes any offense where

18900-503: Was later "determined that the fingerprint system used was not as accurate as current state-of-the-art fingerprint systems and is approximately equivalent to commercial fingerprint systems available in 1998." This report was later superseded by section 303(a) of the Enhanced Border Security and Visa Entry Reform Act of 2002 . Under Subtitle B, various definitions relating to terrorism were altered and expanded. The INA

19040-486: Was made to make such reporting easier for financial institutions. FinCEN was made a bureau of the United States Department of Treasury and the creation of a secure network to be used by financial institutions to report suspicious transactions and to provide alerts of relevant suspicious activities was ordered. Along with these reporting requirements, a considerable number of provisions relate to

19180-406: Was made to stop the laundering of money through bulk currency movements, mainly focusing on the confiscation of criminal proceeds and the increase in penalties for money laundering. Congress found that a criminal offense of merely evading the reporting of money transfers was insufficient and decided that it would be better if the smuggling of the bulk currency itself was the offense. Therefore, the BSA

19320-481: Was meant to remove a legal "wall" between criminal investigations and surveillance for the purposes of gathering foreign intelligence, which hampered investigations when criminal and foreign surveillance overlapped. However, that this wall even existed was found by the Federal Surveillance Court of Review to have actually been a long-held misinterpretation by government agencies. Also removed was

19460-470: Was the first time it was revealed the extent to which an NSL under the Patriot Act could request communication information. Title VI amended the Victims of Crime Act of 1984 (VOCA) to change how the U.S. Victims of Crime Fund was managed and funded, improving the speedy provision of aid to families of public safety officers by expedited payments to officers or the families of officers injured or killed in

19600-507: Was uncovered, the subtitle legislated for the forfeiture of assets of those suspected of doing the money laundering. In an effort to encourage institutions to take steps that would reduce money laundering, the Treasury was given authority to block mergers of bank holding companies and banks with other banks and bank holding companies that had a bad history of preventing money laundering. Similarly, mergers between insured depository institutions and non-insured depository institutions that have

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