Overview.of.U.S. Legal.Response
出处：按学科分类—政治、法律 BERKSHIREPUBLISHINGGROUP《PatternsofGlobalTerrorism1985-2005：U.S.DepartmentofStateReportswithSupplementaryDocumentsandStatistics》第27页（13336字）
Anna Sabasteanski
There are two sides to the U.S. legal response to terrorism: legislative and enforcement.This section presents a brief overview of U.S. counterterrorism legislation, followed by the law enforcement sections included in Patterns of Global Terrorism and then a table of extraditions (legal transfer of suspects from one country to another) and renditions (clandestine transfer of suspects from one country to another) of terrorists to the United States from 1993 through 2001.
Legislation
USA PATRIOT Act
The best-known post-September 11 U.S. law addressing terrorism is the “Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism” Act, better known as the USA PATRIOT Act, which was signed into law 26 October 2001.
The PATRIOT Act grants law enforcement and international intelligence agencies new powers to track and intercept communications. It creates further border and immigration restrictions as well as new crimes, penalties, and procedures to use against terrorism. Under the PATRIOT Act, the secretary of the treasury must promulgate the following regulations:
■ Securities brokers and dealers, commodity merchants, advisers, and related businesses must file Suspicious Activity Reports (SARs) when they become aware of suspicious financial activity above a certain threshold.
■ Businesses that were formerly required to report aggregated transactions of more than $10,000 only to the IRS must now also file SARs, and the reporting threshold has been reduced to $5,000.
The secretary of the treasury must also:
■ Impose special measures and due diligence to combat foreign money laundering.
■ Prohibit correspondent accounts (accounts established by a financial institution with a foreign bank so the foreign bank can handle related transactions) for foreign shell banks (banks with no physical presence in the jurisdiction).
■ Prevent customers from taking advantage of concentration account practices in which multiple individuals can move funds in a single account while concealing their identity as a means of concealing financial activities.
■ Establish minimum standards for new customer identification and record keeping.
■ Recommend an effective way to verify the identity of foreign customers.
■ Encourage information sharing between financial institutions and law enforcement concerning possible money laundering and terrorist activities.
■ Require financial institutions to maintain programs to combat money laundering; those programs must include at least a compliance officer; an employee training program; the development of internal policies, procedures, and controls; and an independent audit feature.
The PATRIOT Act also outlaws the laundering of proceeds from foreign crimes of violence or political corruption or from cyber crime. It authorizes prosecution of overseas fraud involving U.S. credit cards. It increases the penalties for counterfeiting and expands procedures of confiscation and forfeiture to include long-arm jurisdiction (reaching beyond the jurisdiction in which the crime was committed) and expands the range of crimes covered.
Other Federal Legislation and Provisions of the U.S. Code
Other federal laws that deal with terrorism include:
■ Antiterrorism and Effective Death Penalty Act of 1996
■ Authorization for the Use of Military Force, a Congressional Joint Resolution, September 2001
■ Financial Anti-Terrorism Act of 2001 (H.R. 3004) passed in House, October 2001; portions of this bill were later incorporated into the USA Patriot Act.
■ Airport and Transportation Security Act of 2001, November 2001
■ Terrorism Risk Protection Act, November 2001 Provisions of the U.S. Code related to terrorism include:
■ Aircraft and Motor Vehicle Crimes,Title 18, Part I, Chapter 2, which covers destruction of aircraft or aircraft facilities, destruction of motor vehicles or motor vehicle facilities, imparting or conveying false information, and violence at international airports, as well as the penalties when death occurs.
■ Biological Weapons, Title 18, Part I, Chapter 10, which covers prohibitions with respect to biological weapons, requests for military assistance to enforce prohibition in certain emergencies; seizure, forfeiture, and destruction; and injunctions.
■ Chemical Weapons, Title 18, Part I, Chapter 11B, which covers prohibited activities, penalties, and criminal forfeitures; destruction of weapons; individual self-defense devices; injunctions; and requests for military assistance to enforce prohibition in certain emergencies.
■ Civil Disorders,Title 18, Part I, Chapter 12, which covers civil disorders and preemption (the relative authority of state or local versus federal law).
■ Sabotage, Title 18, Part I, Chapter 105 deals with sabotage of fortifications, harbor defenses, or defensive sea areas; destruction of war material, war premises, or war utilities; production of defective war material, war premises, or war utilities; destruction of national-defense materials, national-defense premises, or national-defense utilities; and production of defective national-defense material, national-defense premises, or national-defense utilities.
■ Wire and Electronic Communications Interception and Interception of Oral Communications, Title 18, Part I, Chapter 119 covering interception and disclosure of wire, oral, or electronic communications prohibited; manufacture, distribution, possession, and advertising of wire, oral, or electronic communication intercepting devices prohibited; confiscation of wire, oral, or electronic communication intercepting devices; prohibition of use as evidence of intercepted wire or oral communications; authorization for interception of wire, oral, or electronic communications; authorization for disclosure and use of intercepted wire, oral, or electronic communications; procedure for interception of wire, oral, or electronic communications; reports concerning intercepted wire, oral, or electronic communications; recovery of civil damages authorized, injunction against illegal interception; and enforcement of the Communications Assistance for Law Enforcement Act.
■ Terrorism,Title 18, Part I, Chapter 113B covers criminal penalties for terrorism, including for use of weapons of mass destruction, acts of terrorism transcending national boundaries, and banning financial transactions with countries engaged in international terrorism; requests for military assistance in certain emergencies (arising from the use of a weapon of mass destruction); civil remedies, jurisdiction, and venue; limitation of actions and other limitations; suits against government officials; exclusive federal jurisdiction; and providing material support to terrorists or to designated foreign terrorist organizations.
■ Stored Wire and Electronic Communications and Transactional Records Access,Title 18, Part I, Chapter 121 defines unlawful access to stored communications and disclosure of contents; requirements for governmental access and backup preservation; delayed notice of access; cost reimbursement; civil action; and counterintelligence access to telephone toll and transactional records.
■ Rewards for Information Concerning Terrorist Acts and Espionage,Title 18, Part Ⅱ, Chapter 204 covers information for which rewards are authorized, determination of entitlement to rewards, maximum amount, presidential approval, protection of identity for those who provide information, and eligibility for witness security programs, exception of governmental officials, and authorization for appropriations.
■ Quarantine and Inspection, Title 42, Chapter 6A, Subchapter Ⅱ, Part G contains regulations to control communicable diseases; suspension of entries and imports from designated places to prevent spread of communicable diseases; special quarantine powers in time of war; quarantine stations, grounds, and anchorages; quarantine duties of consular and other officers; bills of health; quarantine regulations governing civil air navigation and civil aircraft; and penalties for violation of quarantine laws.
■ Disaster Relief,Title 42, Chapter 68, which covers federal and state disaster preparedness programs; disaster warnings; emergency support teams; performance of services; nondiscrimination in disaster assistance; use and coordination of relief organizations; insurance; procedure for declaration; general federal assistance; essential assistance; hazard mitigation; federal facilities; repair, restoration, and replacement of damaged facilities; debris removal; temporary housing assistance; minimum standards for public and private structures; unemployment assistance; individual and family grant programs; food coupons and distribution; food commodities; relocation assistance; legal services; crisis counseling assistance and training; community disaster loans; emergency communications; emergency public transportation; fire suppression grants; simplified procedure; appeals of assistance decisions; date of eligibility and expenses incurred before date of disaster; detailed functions of administration; mutual aid pacts between states and neighboring countries; contributions for personnel and administrative expenses; use of funds to prepare for and respond to hazards; and the Radiological Emergency Preparedness Fund.
■ Air Commerce and Safety, Title 49, Subtitle VⅡ, Part A, Subpart Ⅲ, Chapter 449 (Security), which covers screening passengers and property, refusal to transport passengers and property, air transportation security, domestic air transportation system security, information about threats to civil aviation, foreign air carrier security programs, travel advisories and suspension of foreign assistance, passenger manifests, and agreements on aircraft sabotage, aircraft hijacking, and airport security.
■ War Powers Resolution,Title 50, Chapter 33, allows the president and congress to jointly declare war. It requires notification of congress each time the president involves armed forces in a potential or imminent hostile situation. It requires prior consultation before force is authorized, and lays out the legislative procedures, including formal reporting processes, for congressional approval.
■ National Emergencies, Title 50, Chapter 34, which includes termination of existing declared emergencies and declarations of national emergency by the president; publication of the national emergency in the Federal Register; and accountability and reporting requirements of the president and other laws, powers, and authorities conferred thereby and actions taken thereunder.
■ International Emergency Economic Powers, Title 50, Chapter 35, which covers unusual and extraordinary threats; declarations of national emergency; exercise of presidential authorities subject to congressional notification and reporting regarding specific transactions and enforcement mechanisms, including regulations necessary to exercise emergency authority.
■ Foreign Intelligence Surveillance, Title 50, Chapter 36, which lays out the circumstances and procedures for electronic surveillance, including the roles of the government and communications providers permitted access to and uses of information, and penalties for abuse.
■ Defense Against Weapons of Mass Destruction,Title 50, Chapter 40, which covers response to threats of terrorist use of weapons of mass destruction; emergency response assistance programs; nuclear, chemical, and biological emergency response; chemical-biological emergency response teams; testing of preparedness for emergencies involving nuclear, radiological, chemical, and biological weapons; actions to increase civilian expertise; rapid response information systems; procurement of detection equipment for United States border security; international border security; and the comprehensive preparedness program.
Certain states and local jurisdictions have implemented terrorism laws; among the states that have implemented such laws are Michigan, New Jersey, and New York.
Executive orders, decisions, and declarations cover a wide range of policy and enforcement decisions, including military orders regarding enemy combatants, declaration of a state of emergency, and sanctions. Executive orders can be found at the White House website, http://www.whitehouse.gov.