USA PATRIOT Act, Title I
Encyclopedia
Title I: Enhancing Domestic Security against Terrorism is the first of ten titles which comprise the USA PATRIOT Act
, an anti-terrorism
bill passed in the United States
after the September 11, 2001 attacks
. Title I contains six sections, which, in turn, establish a fund for counterterrorist actions, condemn discrimination against Arab and Muslim Americans, increase funding for the FBI'
s Technical Support Center, allow for military assistance in some situations involving weapons of mass destruction when requested by the United States Attorney General
, expanded the National Electronic Crime Task Force, and expanded the President's
authority and abilities in case of terrorism.
. This fund is to be used to reimburse the Department of Justice
for costs required to rebuild an office or facility damaged by terrorism, support counterterrorism efforts (including the paying of rewards), and to pay for terrorism threat assessments. It contains an additional provision to reimburse any U.S. department or agency of all costs related to the detention of individuals in foreign countries who are accused of acts of terrorism. The alleged terrorist can be held with out the right to an attorney or the right to remain silent.
s, Muslim Americans
, and Americans from South Asia
play a vital role in the United States, and are as equally entitled to full civil rights as any other American. This section further condemned acts of violence against these people that have occurred since the September 11, 2001 attacks
, and stated that the responsibility for the September 11 attack lay solely with the individuals who perpetrated them. It also found that "Muslim Americans have become so fearful of harassment that many Muslim women are changing the way they dress to avoid becoming targets" and that "many Arab Americans and Muslim Americans have acted heroically during the attacks on the United States." The Act specifically mentioned Mohammed Salman Hamdani
, a 23-year-old New York
er of Pakistan
i descent, which the Act states was believed to have gone to the World Trade Center
to offer rescue assistance and was believed to have been killed.
This section also reasserted that:
Technical Support Center to $US200,000,000 for fiscal years 2002, 2003, and 2004.
to allow the Attorney General
to request assistance from the Department of Defense
when weapons of mass destruction
are used unlawfully within the United States, or are unlawfully used outside the country by U.S. citizens. Chemical weapons
are specifically excluded from the definition of Weapons of Mass Destruction
in this section.
with developing a national network of electronic crime task forces, based on New York's
Electronic Crimes Task Force model. This network, also known as the National Electronic Crime Task Force (NECTF) is responsible for "preventing, detecting, and investigating electronic crime, including potential terrorist attacks against critical infrastructure and financial payment systems".
authority to investigate, regulate, or prohibit any financial transactions that fall within the jurisdiction of the U.S. This section also authorized the President to confiscate assets belonging to any "foreign person, foreign organization, or foreign country" who the President found had participated in an attack on the United States. Finally, this section ordered that if action under this section is based on classified information, that information may be presented to the reviewing judicial authority ex parte
and in camera
— that is, outside the presence (and possibly without the knowledge) of the accused or his attorney.
USA PATRIOT Act
The USA PATRIOT Act is an Act of the U.S. Congress that was signed into law by President George W. Bush on October 26, 2001...
, an anti-terrorism
Terrorism
Terrorism is the systematic use of terror, especially as a means of coercion. In the international community, however, terrorism has no universally agreed, legally binding, criminal law definition...
bill passed in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
after the September 11, 2001 attacks
September 11, 2001 attacks
The September 11 attacks The September 11 attacks The September 11 attacks (also referred to as September 11, September 11th or 9/119/11 is pronounced "nine eleven". The slash is not part of the pronunciation...
. Title I contains six sections, which, in turn, establish a fund for counterterrorist actions, condemn discrimination against Arab and Muslim Americans, increase funding for the FBI'
Federal Bureau of Investigation
The Federal Bureau of Investigation is an agency of the United States Department of Justice that serves as both a federal criminal investigative body and an internal intelligence agency . The FBI has investigative jurisdiction over violations of more than 200 categories of federal crime...
s Technical Support Center, allow for military assistance in some situations involving weapons of mass destruction when requested by the United States Attorney General
United States Attorney General
The United States Attorney General is the head of the United States Department of Justice concerned with legal affairs and is the chief law enforcement officer of the United States government. The attorney general is considered to be the chief lawyer of the U.S. government...
, expanded the National Electronic Crime Task Force, and expanded the President's
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
authority and abilities in case of terrorism.
Counterterrorism fund
Section 101 established a separate and unlimited fund, entitled the "Counterterrorism Fund," within the Department of the TreasuryUnited States Department of the Treasury
The Department of the Treasury is an executive department and the treasury of the United States federal government. It was established by an Act of Congress in 1789 to manage government revenue...
. This fund is to be used to reimburse the Department of Justice
United States Department of Justice
The United States Department of Justice , is the United States federal executive department responsible for the enforcement of the law and administration of justice, equivalent to the justice or interior ministries of other countries.The Department is led by the Attorney General, who is nominated...
for costs required to rebuild an office or facility damaged by terrorism, support counterterrorism efforts (including the paying of rewards), and to pay for terrorism threat assessments. It contains an additional provision to reimburse any U.S. department or agency of all costs related to the detention of individuals in foreign countries who are accused of acts of terrorism. The alleged terrorist can be held with out the right to an attorney or the right to remain silent.
Condemnation of discrimination
Section 102 was a general statement which confirmed that Arab AmericanArab American
An Arab American is a United States citizen or resident of Arab ethnic, cultural and linguistic heritage or identity, who identifies themselves as Arab. Arab Americans trace ancestry to any of the various waves of immigrants of the countries comprising the Arab World...
s, Muslim Americans
Islam in the United States
From the 1880s to 1914, several thousand Muslims immigrated to the United States from the Ottoman Empire, and from parts of South Asia; they did not form distinctive settlements, and probably most assimilated into the wider society....
, and Americans from South Asia
South Asia
South Asia, also known as Southern Asia, is the southern region of the Asian continent, which comprises the sub-Himalayan countries and, for some authorities , also includes the adjoining countries to the west and the east...
play a vital role in the United States, and are as equally entitled to full civil rights as any other American. This section further condemned acts of violence against these people that have occurred since the September 11, 2001 attacks
September 11, 2001 attacks
The September 11 attacks The September 11 attacks The September 11 attacks (also referred to as September 11, September 11th or 9/119/11 is pronounced "nine eleven". The slash is not part of the pronunciation...
, and stated that the responsibility for the September 11 attack lay solely with the individuals who perpetrated them. It also found that "Muslim Americans have become so fearful of harassment that many Muslim women are changing the way they dress to avoid becoming targets" and that "many Arab Americans and Muslim Americans have acted heroically during the attacks on the United States." The Act specifically mentioned Mohammed Salman Hamdani
Mohammed Salman Hamdani
Mohammad Salman Hamdani was a Muslim American who died at the World Trade Center in the immediate aftermath of the September 11, 2001 attacks .-Early life:...
, a 23-year-old New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
er of Pakistan
Pakistan
Pakistan , officially the Islamic Republic of Pakistan is a sovereign state in South Asia. It has a coastline along the Arabian Sea and the Gulf of Oman in the south and is bordered by Afghanistan and Iran in the west, India in the east and China in the far northeast. In the north, Tajikistan...
i descent, which the Act states was believed to have gone to the World Trade Center
World Trade Center
The original World Trade Center was a complex with seven buildings featuring landmark twin towers in Lower Manhattan, New York City, United States. The complex opened on April 4, 1973, and was destroyed in 2001 during the September 11 attacks. The site is currently being rebuilt with five new...
to offer rescue assistance and was believed to have been killed.
This section also reasserted that:
- the civil rights and civil liberties of all Americans, including Arab Americans, Muslim Americans, and Americans from South Asia, must be protected, and that every effort must be taken to preserve their safety
- any acts of violence or discrimination against any Americans must be condemned
- the concept of individual responsibility for wrongdoing is sacrosanct in American society, and applies equally to all religious, racial, and ethnic groups; and
- the United States is called upon to recognize the patriotism of fellow citizens from all ethnic, racial, and religious backgrounds.
FBI Technical Support Center funding
Section 103 increased funding for the FBI'sFederal Bureau of Investigation
The Federal Bureau of Investigation is an agency of the United States Department of Justice that serves as both a federal criminal investigative body and an internal intelligence agency . The FBI has investigative jurisdiction over violations of more than 200 categories of federal crime...
Technical Support Center to $US200,000,000 for fiscal years 2002, 2003, and 2004.
Requests for military assistance
Section 104 amended title 18 of the United States CodeUnited States Code
The Code of Laws of the United States of America is a compilation and codification of the general and permanent federal laws of the United States...
to allow the Attorney General
United States Attorney General
The United States Attorney General is the head of the United States Department of Justice concerned with legal affairs and is the chief law enforcement officer of the United States government. The attorney general is considered to be the chief lawyer of the U.S. government...
to request assistance from the Department of Defense
United States Department of Defense
The United States Department of Defense is the U.S...
when weapons of mass destruction
Weapons of mass destruction
A weapon of mass destruction is a weapon that can kill and bring significant harm to a large number of humans and/or cause great damage to man-made structures , natural structures , or the biosphere in general...
are used unlawfully within the United States, or are unlawfully used outside the country by U.S. citizens. Chemical weapons
Chemical warfare
Chemical warfare involves using the toxic properties of chemical substances as weapons. This type of warfare is distinct from Nuclear warfare and Biological warfare, which together make up NBC, the military acronym for Nuclear, Biological, and Chemical...
are specifically excluded from the definition of Weapons of Mass Destruction
Weapons of mass destruction
A weapon of mass destruction is a weapon that can kill and bring significant harm to a large number of humans and/or cause great damage to man-made structures , natural structures , or the biosphere in general...
in this section.
Expansion of the NECTF
Section 105 charged the Director of the Secret ServiceUnited States Secret Service
The United States Secret Service is a United States federal law enforcement agency that is part of the United States Department of Homeland Security. The sworn members are divided among the Special Agents and the Uniformed Division. Until March 1, 2003, the Service was part of the United States...
with developing a national network of electronic crime task forces, based on New York's
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
Electronic Crimes Task Force model. This network, also known as the National Electronic Crime Task Force (NECTF) is responsible for "preventing, detecting, and investigating electronic crime, including potential terrorist attacks against critical infrastructure and financial payment systems".
Presidential authority
Section 106 clarified the President'sPresident of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
authority to investigate, regulate, or prohibit any financial transactions that fall within the jurisdiction of the U.S. This section also authorized the President to confiscate assets belonging to any "foreign person, foreign organization, or foreign country" who the President found had participated in an attack on the United States. Finally, this section ordered that if action under this section is based on classified information, that information may be presented to the reviewing judicial authority ex parte
Ex parte
Ex parte is a Latin legal term meaning "from one party" .An ex parte decision is one decided by a judge without requiring all of the parties to the controversy to be present. In Australian, Canadian, U.K., Indian and U.S...
and in camera
In camera
In camera is a legal term meaning "in private". It is also sometimes termed in chambers or in curia.In camera describes court cases that the public and press are not admitted to...
— that is, outside the presence (and possibly without the knowledge) of the accused or his attorney.
External links
- USA PATRIOT Act, H. R. 3162 pp7–13 (.pdfPortable Document FormatPortable Document Format is an open standard for document exchange. This file format, created by Adobe Systems in 1993, is used for representing documents in a manner independent of application software, hardware, and operating systems....
file). - International Emergency Powers Act (50 U.S.C. 1702)
- United States Code Title 18, section 2332e
- Congressional Research Service summary