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[[Image:Gwbushsigningpatriotact.jpg|thumb|right|300px|President George W. Bush signing Patriot Act before bipartisan gathering of members of Congress]]

[[Image:Gwbushsigningpatriotact.jpg|thumb|right|300px|President George W. Bush signing Patriot Act before bipartisan gathering of members of Congress]]

The '''USA PATRIOT Act of 2001 -- The Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001''' (more commonly known as simply the '''Patriot Act''') -- is an anti-[[terrorism]] bill written in response to the [[September 11, 2001 attacks]]. It was signed into law by [[President]] [[George W. Bush]] on October 26th, 45 days after the terrorist attacks.  The primary purpose of the bill was to provide [[law enforcement]] with the tools it needs to fight the domestic [[war on terror]]. The bill expanded the definitions of other [[crime]]-fighting bills to include [[terrorist]]s, it provided funds to the [[Justice Department]] for fighting terrorism, and, made broad changes to [[surveillance]] and [[intelligence]] procedures.

The '''USA PATRIOT Act of 2001—The Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001''' (more commonly known as simply the '''Patriot Act''') -- is an anti-[[terrorism]] bill written in response to the [[September 11, 2001 attacks]]. It was signed into law by [[President]] [[George W. Bush]] on October 26, 45 days after the terrorist attacks.  The primary purpose of the bill was to provide [[law enforcement]] with the tools it needs to fight the domestic [[war on terror]]. The bill expanded the definitions of other [[crime]]-fighting bills to include [[terrorist]]s, it provided funds to the [[Justice Department]] for fighting terrorism, and, made broad changes to [[surveillance]] and [[intelligence]] procedures.

The Patriot Act, especially by its opponents, is often confused with the [[Authorization for Use of Military Force]] (P.L. 107-40) <ref>http://news.findlaw.com/wp/docs/terrorism/sjres23.es.html</ref>, which allows the President to use "all necessary and appropriate force" against 9/11-related terrorism (and was the basis for [[Guantanamo]]-related issues).

The Patriot Act, especially by its opponents, is often confused with the [[Authorization for Use of Military Force]] (P.L. 107-40),<ref>http://news.findlaw.com/wp/docs/terrorism/sjres23.es.html</ref> which allows the President to use "all necessary and appropriate force" against 9/11-related terrorism (and was the basis for [[Guantanamo]]-related issues).

Key parts of the PATRIOT Act expired on June 1, 2015, due to lack of congressional approval. This included Section 215, which pertains to the ability of the National Security Agency to store records of all phone calls made in the United States. This was amended in the USA Freedom Act, passed on June 2, 2015, which gives the phone companies control of the record and the government would then have to receive a warrant to receive records of a number associated with any terrorism.

Key parts of the PATRIOT Act expired on June 1, 2015, due to lack of congressional approval. This included Section 215, which pertains to the ability of the National Security Agency to store records of all phone calls made in the United States. This was amended in the USA Freedom Act, passed on June 2, 2015, which gives the phone companies control of the record and the government would then have to receive a warrant to receive records of a number associated with any terrorism.

==Passage of the Act==

==Passage of the Act==

[[United States|Attorney General]] [[John Ashcroft]] formally proposed the increases in law enforcement powers on September 19th, requesting that they be considered immediately.  [[Bush administration]], along with the overwhelming majority of members of [[Congress]], felt these provisions were necessary to prevent any more imminent or future attacks. Many of the proposed powers had been sought by the Justice Department for years (the [[Clinton administration]], for example, sought but was denied so-called [[roving wiretap]]s – a power that was included in the final bill), but in the wake of a successful attack upon American soil and the demands of the American public for action gave Congress the impetus to pass the measures. <ref name="CQ">"USA PATRIOT Act, 2001-2002 Legislative Chronology." Congress and the Nation, 2001-2004, vol. 11, pp. 187-8 (Washington: CQ Press, 2006)</ref>

[[United States|Attorney General]] [[John Ashcroft]] formally proposed the increases in law enforcement powers on September 19, requesting that they be considered immediately.  [[Bush administration]], along with the overwhelming majority of members of [[Congress]], felt these provisions were necessary to prevent any more imminent or future attacks. Many of the proposed powers had been sought by the Justice Department for years (the [[Clinton administration]], for example, sought but was denied so-called [[roving wiretap]]s – a power that was included in the final bill), but in the wake of a successful attack upon American soil and the demands of the American public for action gave Congress the impetus to pass the measures.<ref name="CQ">"USA PATRIOT Act, 2001-2002 Legislative Chronology." Congress and the Nation, 2001-2004, vol. 11, pp. 187-8 (Washington: CQ Press, 2006)</ref>

   

   

The [[House Judiciary Committee]] debated the proposal for weeks and reached an agreement on October 2nd, with few minor changes.  A [[sunset provision]], the hallmark of [[Newt Gingrich|Gingrich]]-style reform, was included requiring renewal of the act within two years. The committee said that it understood the need for expediency, so it would add the sunset clauses to allow debate on the issue when time was not as much of an issue. The administration, however, was worried that the United States would still be fighting the war on terror when the clause came into effect.<ref>Bridis, Ted and Jess Bravin. “White House Seeks to Remove Time Limit On Surveillance Part of Anti-terrorism Bill.” [[The Wall Street Journal]], October 5th, 2001, p. A.18</ref>

The [[House Judiciary Committee]] debated the proposal for weeks and reached an agreement on October 2, with few minor changes.  A [[sunset provision]], the hallmark of [[Newt Gingrich|Gingrich]]-style reform, was included requiring renewal of the act within two years. The committee said that it understood the need for expediency, so it would add the sunset clauses to allow debate on the issue when time was not as much of an issue. The administration, however, was worried that the United States would still be fighting the war on terror when the clause came into effect.<ref>Bridis, Ted and Jess Bravin. “White House Seeks to Remove Time Limit On Surveillance Part of Anti-terrorism Bill.” [[The Wall Street Journal]], October 5th, 2001, p. A.18</ref>

The [[Democrat]]ically controlled [[United States Senate|Senate]] version of the bill went more in favor of the [[White House]]. While the bill was never considered by the [[Senate Judiciary Committee]], the committee’s chair [[Patrick J. Leahy]], a [[Democrat]] from [[Vermont]], along with members from both parties met with the Bush Administration to negotiate a bill that the Senate and White House could agree on. This version (finalized on October 4th) did not include a sunset provision, and it allowed lower barriers for obtaining [[search warrant]]s. Additionally it gave the [[federal]] government new tools to fight [[money laundering]]. <ref name="CQ" />

The [[Democrat]]ically controlled [[United States Senate|Senate]] version of the bill went more in favor of the [[White House]]. While the bill was never considered by the [[Senate Judiciary Committee]], the committee’s chair [[Patrick J. Leahy]], a [[Democrat]] from [[Vermont]], along with members from both parties met with the Bush Administration to negotiate a bill that the Senate and White House could agree on. This version (finalized on October 4) did not include a sunset provision, and it allowed lower barriers for obtaining [[search warrant]]s. Additionally it gave the [[federal]] government new tools to fight [[money laundering]].<ref name="CQ" />

The Senate passed its version of the bill with a 96-1 vote (only Senator [[Russ D. Feingold]], a Democrat from [[Wisconsin]] voted nay) after just three hours of debate on October 11th. The House revised its version of the bill to make it a little more to the Administration’s and Senate's liking than the version approved by the House Judiciary Committee, including moving the date of the sunset back three years, to 2006. The Senate agreed to the sunset provision and this version passed the House the next day by a massive 337-79 vote. The House and Senate reconciled an agreement between the two versions (including changing the sunset date to December 31st, 2005) and sent the bill, now officially known as the USA PATRIOT Act of 2001, back to their respective chambers, where it passed 357-66 in the House on October 24th and 98-1 in the Senate (with Senator Feingold dissenting) a day later. It was signed into law by President Bush on the following day, 37 days after the original proposal to Congress.<ref name="CQ" />

The Senate passed its version of the bill with a 96-1 vote (only Senator [[Russ D. Feingold]], a Democrat from [[Wisconsin]] voted nay) after just three hours of debate on October 11. The House revised its version of the bill to make it a little more to the Administration’s and Senate's liking than the version approved by the House Judiciary Committee, including moving the date of the sunset back three years, to 2006. The Senate agreed to the sunset provision and this version passed the House the next day by a massive 337-79 vote. The House and Senate reconciled an agreement between the two versions (including changing the sunset date to December 31, 2005) and sent the bill, now officially known as the USA PATRIOT Act of 2001, back to their respective chambers, where it passed 357-66 in the House on October 24 and 98-1 in the Senate (with Senator Feingold dissenting) a day later. It was signed into law by President Bush on the following day, 37 days after the original proposal to Congress.<ref name="CQ" />

==How the Act Fights Terrorism==

==How the Act Fights Terrorism==

===Sneak and Peek Warrants===

===Sneak and Peek Warrants===

Another tool provided by the Patriot Act is delayed-notification search warrants, or [[sneak and peek]] warrants.<ref name="213derosa" >DeRosa, Mary. “Section 213: ‘Sneak and Peek’ Search Warrants: A Summary” (American Bar Association, 2005). http://www.abanet.org/natsecurity/patriotdebates/section-213 (Accessed April 16th, 2007)</ref>These are warrants which allow for the execution of a [[search and seizure]] of a property in a federal crime without notification of the subject. The government must show the court “reasonable cause” to believe that notifying the suspect would lead to an “adverse result” such as destruction of [[evidence]], [[intimidation]] of a [[witness]], or jeopardizing the investigation. "Reasonable cause" is not defined in the act. Sneak and peek warrants, like roving wiretaps, have been used in the past under other circumstances, but they had never before been allowed to retrieve physical evidence, only information or photographs of a scene.<ref name="213derosa" />

Another tool provided by the Patriot Act is delayed-notification search warrants, or [[sneak and peek]] warrants.<ref name="213derosa" >DeRosa, Mary. “Section 213: ‘Sneak and Peek’ Search Warrants: A Summary” (American Bar Association, 2005). http://www.abanet.org/natsecurity/patriotdebates/section-213 (Accessed April 16th, 2007)</ref> These are warrants which allow for the execution of a [[search and seizure]] of a property in a federal crime without notification of the subject. The government must show the court “reasonable cause” to believe that notifying the suspect would lead to an “adverse result” such as destruction of [[evidence]], [[intimidation]] of a [[witness]], or jeopardizing the investigation. "Reasonable cause" is not defined in the act. Sneak and peek warrants, like roving wiretaps, have been used in the past under other circumstances, but they had never before been allowed to retrieve physical evidence, only information or photographs of a scene.<ref name="213derosa" />

===Libraries Provision===

===Libraries Provision===

===Definition of Terrorism===

===Definition of Terrorism===

Finally, the Patriot Act expands upon the definition of terrorism to include acts which were previously not part of [[federal law]]. It makes illegal terrorist acts against [[mass transportation]] systems as well as harboring terrorists or persons one knows or should know to be terrorists. The Act also expands the definition of [[conspiracy]] to allow for conspiracies in other types of crime, such as [[arson]], and creates a definition of [[domestic terrorist]] (someone who commits an offence which is “(1) dangerous to human life and violate[s] the criminal laws of the United States or any state; and (2) appear[s] to be intended (or have the effect) – to intimidate a [[civilian]] population; influence government policy by intimidation or [[coercion]]; or affect government conduct by mass destruction, [[assassination]], or [[kidnapping]] (or a threat of)”). <ref name="leahy" />

Finally, the Patriot Act expands upon the definition of terrorism to include acts which were previously not part of [[federal law]]. It makes illegal terrorist acts against [[mass transportation]] systems as well as harboring terrorists or persons one knows or should know to be terrorists. The Act also expands the definition of [[conspiracy]] to allow for conspiracies in other types of crime, such as [[arson]], and creates a definition of [[domestic terrorist]] (someone who commits an offence which is “(1) dangerous to human life and violate[s] the criminal laws of the United States or any state; and (2) appear[s] to be intended (or have the effect) – to intimidate a [[civilian]] population; influence government policy by intimidation or [[coercion]]; or affect government conduct by mass destruction, [[assassination]], or [[kidnapping]] (or a threat of)”).<ref name="leahy" />

==Expiration==

==Expiration==

Sixteen sections of the original bill were set to expire on December 31st, 2001, unless Congress decided to extend them or make them permanent. These sections were all from Title II of the act, the title which contained surveillance procedures, including the controversial ones mentioned above. After months of wrangling, negotiation, and debate (and two deadline extensions) Congress finally on March 2nd, 2006 passed a bill which renewed the Patriot Act but implemented additional safeguards for civil liberties.<ref>Diamond, John. “Senate Passes Patriot Act Changes; Civil liberties protections added to anti-terror law clear way for renewal” USA Today. March 2nd, 2006, p A.8</ref> Most of the measures were permanent, but the roving wiretap provision was extended only until 2009. Section 215, the libraries provision, was also extended to 2009, but now recipients of the FISA warrant may petition the government after one year to remove the gag order. Key parts of the Act expired on June 1, 2015, in a special Sunday session, due to lack of action, but most of these provisions were restored due to the USA Freedom Act's passage the following day.

Sixteen sections of the original bill were set to expire on December 31, 2001, unless Congress decided to extend them or make them permanent. These sections were all from Title II of the act, the title which contained surveillance procedures, including the controversial ones mentioned above. After months of wrangling, negotiation, and debate (and two deadline extensions) Congress finally on March 2, 2006 passed a bill which renewed the Patriot Act but implemented additional safeguards for civil liberties.<ref>Diamond, John. “Senate Passes Patriot Act Changes; Civil liberties protections added to anti-terror law clear way for renewal” USA Today. March 2nd, 2006, p A.8</ref> Most of the measures were permanent, but the roving wiretap provision was extended only until 2009. Section 215, the libraries provision, was also extended to 2009, but now recipients of the FISA warrant may petition the government after one year to remove the gag order. Key parts of the Act expired on June 1, 2015, in a special Sunday session, due to lack of action, but most of these provisions were restored due to the USA Freedom Act's passage the following day.

==Success==

==Success==

The Department of Justice, now headed by Attorney General [[Eric Holder]], says that the Patriot Act has been a useful tool in finding and dismantling terrorist organizations and plots. It has disrupted over 150 terrorist threats and cells, incapacitated over 3,000 terrorists, broken up five terror cells within U.S. borders, charged 401 individuals on terror charges and convicted 212,<ref>U.S. Department of Justice. “Waging the War On Terror,” http://www.lifeandliberty.gov/subs/a_terr.htm (Accessed April 16th, 2007).</ref> though the department does not differentiate between those captured through the new provisions of the Patriot Act, and those who were discovered by other means.

The Department of Justice, now headed by Attorney General [[Eric Holder]], says that the Patriot Act has been a useful tool in finding and dismantling terrorist organizations and plots. It has disrupted over 150 terrorist threats and cells, incapacitated over 3,000 terrorists, broken up five terror cells within U.S. borders, charged 401 individuals on terror charges and convicted 212,<ref>U.S. Department of Justice. “Waging the War On Terror,” http://www.lifeandliberty.gov/subs/a_terr.htm (Accessed April 16th, 2007).</ref> though the department does not differentiate between those captured through the new provisions of the Patriot Act, and those who were discovered by other means.

==External Links==

==External links==

*[http://www.epic.org/privacy/terrorism/hr3162.html Text of Patriot act]

*[http://www.epic.org/privacy/terrorism/hr3162.html Text of Patriot act]

*[http://thomas.loc.gov/cgi-bin/bdquery/z?d107:h.r.03162: Library of Congress info on Patriot Act]

*[http://thomas.loc.gov/cgi-bin/bdquery/z?d107:h.r.03162: Library of Congress info on Patriot Act]