| "PATRIOT"
Act II |
| Contents |
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Local copy of `Patriot' Act II
aka the "Domestic Security Enhancement Act of 2003"
draft - 9 January 2003: HTML | text-only
See Also: Analysis of Patriot Act II
All draft sections are hyperlinked to their analysis portion (which links to the Bill's text section) and indented to better approximate their appearance in the original pdf document:
Title I -- Enhancing National Security Authorities
Subtitle A: Foreign Intelligence Surveillance Act Amendments
Sec. 101. Individual Terrorists as Foreign Powers. Sec. 102. Clandestine Intelligence Activities by Agent of a Foreign Power. Sec. 103. Strengthening Wartime Authorities Under FISA. Sec. 104. Strengthening FISA's Presidential Authorization Exception. Sec. 105. Law Enforcement Use of FISA Information. Sec. 106. Defense of Reliance on Authorization. Sec. 107. Pen Registers in FISA Investigations. Sec. 108. Appointed Counsel in Appeals to FISA Court of Review. Sec. 109. Enforcement of Foreign Intelligence Surveillance Court Orders. Sec. 110. Technical Correction Related to the USA PATRIOT Act. Sec. 111. International Terrorist Organizations as Foreign Powers. Subtitle B: Enhancement of Law Enforcement Investigative Tools
Sec. 121. Definition of Terrorist Activities. Sec. 122. Inclusion of Terrorist Activities as Surveillance Predicates. Sec. 123. Extension of Authorized Periods Relating to Surveillance and Searches in Investigations of Terrorist Activities. Sec. 124. Multi-function Devices. Sec. 125. Nationwide Search Warrants in Terrorism Investigations. Sec. 126. Equal Access to Consumer Credit Reports. Sec. 127. Autopsy Authority. Sec. 128. Administrative Subpoenas in Terrorism Investigations. Sec. 129. Strengthening Access to and Use of Information in National Security Investigations.
Title II -- Protecting National Security Information
Sec. 201. Prohibition of Disclosure of Terrorism Investigation Detainee Information. Sec. 202. Distribution of "Worst Case Scenario" Information. Sec. 203. Information Relating to Capitol Buildings. Sec. 204. Ex Parte Authorizations Under Classified Information Procedures Act. Sec. 205. Exclusion of United States Security Requirements from Gross Income of Protected Officials. Sec. 206. Grand Jury Information in Terrorism Cases.
Title III -- Enhancing Investigations of Terrorist Plots
Subtitle A: Terrorism Identification Database
Sec. 301. Short Title. Sec. 302. Collection and Use of Identification Information from Suspected Terrorists and Other Sources. Sec. 303. Establishment of Database to Facilitate Investigation and Prevention of Terrorist Activities. Sec. 304. Definitions. Sec. 305. Existing Authorities. Sec. 306. Conditions of Release. Subtitle B: Facilitating Information Sharing and Cooperation
Sec. 311. State and Local Information Sharing. Sec. 312. Appropriate Remedies with Respect to Law Enforcement Surveillance Activities. Sec. 313. Disclosure of Information. Subtitle C: Facilitating International Terrorism Investigations
Sec. 321. Authority to Seek Search Warrants and Orders to Assist Foreign States. Sec. 322. Extradition Without Treaties and for Offenses Not Covered by an Existing Treaty.
Title IV -- Enhancing Prosecution and Prevention of Terrorist Crimes
Subtitle A: Increased Penalties and Protections Against Terrorist Acts
Sec. 401. Terrorism Hoaxes. Sec. 402. Providing Material Support to Terrorism. Sec. 403. Weapons of Mass Destruction. Sec. 404. Use of Encryption to Conceal Criminal Activity. Sec. 405. Presumption for Pretrial Detention in Cases Involving Terrorism, Firearms, Explosives, or Serious Violent Felonies. Sec. 406. "Mass Transportation Vehicle" Technical Correction. Sec. 407. Acts of Terrorism Transcending National Boundaries. Sec. 408. Postrelease Supervision of Terrorists. Sec. 409. Suspension, Revocation, and Denial of Certificates for Civil Aviation or National Security Reasons. Sec. 410. No Statute of Limitations for Terrorism Offenses. Sec. 411. Penalties for Terrorist Murders. Subtitle B: Incapacitating Terrorism Financing
Sec. 421. Increased Penalties for Terrorism Financing. Sec. 422. Money Laundering Through Hawalas. Sec. 423. Suspension of Tax-Exempt Status of Designated Terrorist Organizations. Sec. 424. Denial of Federal Benefits to Terrorists. Sec. 425. Corrections to Financing of Terrorism Statute. Sec. 426. Terrorism-Related Specified Activities for Money Laundering. Sec. 427. Assets of Persons Committing Terrorist Acts Against Foreign Countries or International Organizations. Sec. 428. Technical and Conforming Amendments Relating to the USA PATRIOT ACT.
Title V -- Enhancing Immigration and Border Security
Sec. 501. Expatriation of Terrorists. Sec. 502. Enhanced Criminal Penalties for Violations of Immigration and Nationality Act. Sec. 503. Inadmissibility and Removability of National Security Aliens or Criminally Charged Aliens. Sec. 504. Expedited Removal of Criminal Aliens. Sec. 505. Clarification of Continuing Nature of Failure-to-Depart Offense, and Deletion ofProvisions on Suspension of Sentence. Sec. 506. Additional Countries of Removal.
"Against a backdrop of perpetual war, it's hard to imagine that Congress will put up much of a fuss over Patriot II. Who could vote against better domestic security? Here are some of the more unsettling proposals:
- Broadens the definition of Americans who could be under surveillance without a warrant, and mandates further coordination between state, local, and federal law enforcement for the purpose of conducting surveillance. Translation: The feds can instruct your local police to keep an eye on you. [§ 101, § 102, § 107, § 122, § 125 ]
- Expands surveillance powers to grant easier government access to bank accounts, home computers, telephones, and credit card accounts based upon subpoenas issued by the Department of Justice. The entities subpoenaed to obtain information about you could not refuse to provide the information (an expansion of current powers under Patriot I). Evidence obtained that would link a person to terrorism or terrorist groups (as defined by the State Department) would not be disclosed except to a court (individuals would have no right to know why they were charged) and pretrial detentions would be mandatory. You would have little possibility of defending the charges.
- Makes some nonviolent acts punishable by the death penalty if they are linked to broader "terrorist activities."
- Empowers the federal government to conduct its own autopsies of victims of terrorism and "other deadly crimes," presumably any type of murder.
- Amends the Freedom of Information Act to curtail even further the public's ability to obtain information about people detained or charged. If you were arrested for a crime of terror, your accuser could remain nameless.
- Increases federal powers over immigrants by means that include: expedited deportation proceedings, the criminalization of even minor paperwork violations (such as a student's failure to report that he or she dropped a course), and even more limited judicial review of immigration rulings.
--Elaine Cassel, "The Other War - The Bush Administration and the End of Civil Liberties," CounterPunch, 4/26/03
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Analysis of Patriot Act II:
- The Other War:
The Bush Administration and the End of Civil Liberties,
by Elaine Cassel, CounterPunch, 26 April 2003
- Section-by-Section Analysis of DOJ draft
"Domestic Security Enhancement Act of 2003,"
aka "PATRIOT Act II", ACLU, 14 Feb 2003
- Ashcroft Out of Control
- Ominous Sequel to USA Patriot Act,
by Nat Hentoff, Village Voice, 28 Feb 2003
- Bracing for Bush's War at Home
Ground Laid for Historic Presidential Powers Push,
by Chisun Lee, Village Voice, 26 Mar 2003
- Son of the Patriot Act - We have to destroy this village to save it
by Charles Lewis and Adam Mayle with Robert Masterson,
Center for Public Integrity and Fairfield County Weekly, 20 Feb 2003
- The Police State Enhancement Act of 2003, by Geov Parrish, 10 Feb 2003
- Taking Liberties in the War on Terror:
The Justice Department's "Patriot Act II", by Steven H. Aden, 2/26/03
- Orange Alert for Civil Liberties
Beware of the "Domestic Security Enhancement Act"
The Bush Administration Already Is At War -- Against Your Freedom
by ReclaimDemocracy.org
- If you liked Patriot Act I, don't miss the sequel,
by Robyn E. Blumner, 2/16/03
- Patriot Act Redux - Patriot Act II: Huge & Hugely Important,
by Beverley Lumpkin, 21 February 2003
- Ashcroft proposes vast new surveillance powers,
by Kevin Poulsen, 10 Feb 2003
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