Title V of the Patriot Act
Title V: Removing obstacles to investigating terrorism is the fifth of ten titles which comprise the
Payment of rewards
Section 501 of the Patriot Act 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. Rewards over $250,000 may not be made or offered without 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. These funds can be provided by any
Section 502 amended the State Department Basic Authorities Act of 1956[3] to allow the Department of State to offer rewards, in consultation with the Attorney General, for the full or significant dismantling of any terrorist organization[4] and to identify any key leaders of terrorist organizations.[5] It also amended the Act to give the Secretary of State authority to pay greater than $5 million if the Secretary determines it would prevent terrorist actions against the United States.[6]
DNA identification
The
Coordination with law enforcement
Section 106 of the
National security authorities
Three national security authorities were modified under title V of the Patriot Act. FISA granted counterintelligence access to telephone toll and transactional records through the use of
Section 505 of the Patriot Act allowed the use of NSLs to be made by a Special Agent in charge of a Bureau field office. Previously only the Director or the Deputy Assistant Director of the FBI were able to certify such requests. The requests for counterintelligence access to telephone toll and transactional records made under FISA can ask for the name, address, length of service, and local and long distance toll billing records of a subscriber,
In 2004, the
- Section 2709 failed to spell out any legal process whereby a telephone or Internet company could try to oppose an NSL subpoena in court, and
- Section 2709 prohibited the recipient of an NSL from disclosing that he had received such a request from the FBI, and outweighs the FBI's need for secrecy in counter-terrorism investigations.
The court granted the plaintiff's motion, agreeing that the NSLs violated the Fourth Amendment because their use "effectively bars or substantially deters any judicial challenge to the propriety of an NSL request". The court also found that the prohibitions of disclosure in , which it described as being "unable to sever from the remainder of the statute", was an "unconstitutional prior restraint on speech in violation of the First Amendment".
Extension of Secret Service jurisdiction
Section 1030 of Title 18 of the U.S. Code specifies punishments for various
- restricted data relating to the design, manufacture, or use of atomic weapons; the production of special nuclear material; or the use of special nuclear material in the production of energy[19]
- information contained in a financial record of a financial institution, department or agency of the United States or information from any protected computer
- any nonpublic computer of a U.S. department or agency.
It also includes knowingly committing fraudulent acts using a computer under a number of circumstances.
Section 506 of the Patriot Act gave the
Disclosure of educational records
In general, section 444 of the General Education Provisions Act[22] restricts funding for educational institutions who restrict parental access to the educational records of their children, or who release information to members or organisations of the general public about students without the written consent of that student's parents. Section 507 of the Patriot Act added paragraph (j) to the General Education Provisions Act. This paragraph allows 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 is defined as a Federal crime of terrorism[23] which are in the possession of an educational agency or institution. 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]."[24] An education institution that produces education records in response to such a request is given legal immunity from any liability that rises from such a production of records.
Disclosure of information from NCES surveys
The
(Pub. L. 103–382), otherwise known as an Act "[t]o provide for improvement of Federal education research, statistics, evaluation, information, and dissemination, and for other purposes".See also
References
- ^ 5 U.S.C. § 105
- ^ 5 U.S.C. § 102
- ^ The State Department Basic Authorities Act of 1956 is also Public Law 885, August 1, 1956; 22 U.S.C. § 2708
- ^
- ^
- ^
- ^
- ^
- ^ Terrorism as defined in
- ^ Crimes of violence, as defined in 18 U.S.C. § 16
- ^ 50 U.S.C. § 1806
- ^ 50 U.S.C. § 1825
- ^ Defined in 18 U.S.C. § 2709
- Right to Financial Privacy Act of 1978
- ^ 15 U.S.C. § 1681u, also Section 624 of the Fair Credit Reporting Act
- ^
- ^
- ^ "American Civil Liberties Union v. Ashcroft (2004)" (PDF). Archived from the original (PDF) on 2004-12-18. Retrieved 2006-08-12.
- ^ Atomic Energy Act.
- ^ This is defined in 18 U.S.C. §§ 3056–(a)
- ^ An amendment was made to 18 U.S.C. § 1344 (section on Bank Fraud). , which refers to
- ^ 20 U.S.C. § 1232g
- ^ a b A Federal crime of terrorism is defined in .
- ^
- ^ So defined in 18 U.S.C. § 2331