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to find the names of groups providing direct help in New

York, Pennsylvania, and Virginia.

The thousands of FBI agents who are now at work in

this investigation may need your cooperation, and I ask you

to give it.

I ask for your patience, with the delays and inconve-

niences that may accompany tighter security—and for

your patience in what will be a long struggle.

I ask your continued participation and confidence in

the American economy. Terrorists attacked a symbol of

American prosperity. They did not touch its source. Amer-

ica is successful because of the hard work, and creativity,

and enterprise of our people. These were the true

strengths of our economy before September eleventh, and

they are our strengths today.

Finally, please continue praying for the victims of ter-

ror and their families, for those in uniform, and for our

great country. Prayer has comforted us in sorrow, and will

help strengthen us for the journey ahead.

Tonight I thank my fellow Americans for what you

have already done and for what you will do. And ladies and

gentlemen of the Congress, I thank you, their representa-

tives, for what you have already done, and for what we will

do together.

Tonight, we face new and sudden national challenges.

We will come together to improve air safety, to dramati-

cally expand the number of air marshals on domestic

flights, and take new measures to prevent hijacking. We

will come together to promote stability and keep our air-

lines flying with direct assistance during this emergency.

We will come together to give law enforcement the

additional tools it needs to track down terror here at home.

We will come together to strengthen our intelligence capa-

bilities to know the plans of terrorists before they act, and

find them before they strike.

We will come together to take active steps that

strengthen America’s economy, and put our people back to

work. Tonight we welcome here two leaders who embody

the extraordinary spirit of all New Yorkers: Governor

George Pataki, and Mayor Rudy Giuliani. As a symbol of

America’s resolve, my Administration will work with the

Congress, and these two leaders, to show the world that we

will rebuild New York City.

After all that has just passed, all the lives taken, and all

the possibilities and hopes that died with them, it is natu-

ral to wonder if America’s future is one of fear. Some speak

of an age of terror. I know there are struggles ahead, and

dangers to face. But this country will define our times, not

be defined by them. As long as the United States of Amer-

ica is determined and strong, this will not be an age of ter-

ror; this will be an age of liberty, here and across the world.

Great harm has been done to us. We have suffered

great loss. And in our grief and anger we have found our

mission and our moment. Freedom and fear are at war.

The advance of human freedom—the great achievement

of our time, and the great hope of every time—now

depends on us. Our Nation—this generation—will lift a

dark threat of violence from our people and our future. We

will rally the world to this cause, by our efforts and by our

courage. We will not tire, we will not falter, and we will not

fail.

It is my hope that in the months and years ahead, life

will return almost to normal. We’ll go back to our lives and

routines, and that is good. Even grief recedes with time

and grace. But our resolve must not pass. Each of us will

remember what happened that day, and to whom it hap-

pened. We will remember the moment the news came—

where we were and what we were doing. Some will

remember an image of fire, or a story of rescue. Some will

carry memories of a face and a voice gone forever.

And I will carry this. It is the police shield of a man

named George Howard, who died at the World Trade

Center trying to save others. It was given to me by his

mom, Arlene, as a proud memorial to her son. This is my

reminder of lives that ended, and a task that does not end.

I will not forget this wound to our country, or those

who inflicted it. I will not yield. I will not rest. I will not

relent in waging this struggle for the freedom and security

of the American people.

The course of this conflict is not known, yet its out-

come is certain. Freedom and fear, justice and cruelty,

have always been at war, and we know that God is not neu-

tral between them.

Fellow citizens, we will meet violence with patient

justice—assured of the rightness of our cause, and confi-

dent of the victories to come. In all that lies before us, may

God grant us wisdom, and may He watch over the United

States of America.

Thank you.

Source:

The White House. Available on-line. URL: www.whitehouse.gov/

news/releases/2001/09/20010920-8.html. Accessed No-

vember 2003.

The USA PATRIOT Act, 2001

(Official Summary)

Excerpts from an official summary of the major statute passed in

the wake of the September 11 terrorism. The title is an acronym

for

Uniting and Strengthening America by Providing Appropri-

ate Tools Required to Intercept and Obstruct Terrorism.

The bill,

which was signed into law by President George W. Bush Octo-

ber 27, 2001, was designed to provide for both the surveillance

1792 ERA 10: Contemporary United States

and tracking of terrorists. It incorporated a number of reforms

law enforcement and intelligence policy makers had been

requesting for years. However, many of those same “reforms”

and additional powers granted to the executive branch dis-

turbed both civil libertarians and members of Congress (who

nonetheless passed the bill unanimously in the Senate and with

one dissent in the House). President George W. Bush and Attor-

ney General John Ashcroft pressured Congress to move swiftly

despite the statute’s substantial constitutional and fiscal chal-

lenges. Each house developed a version, and while both curbed

civil liberties to some extent, neither gave the president all the

power he requested. The House and Senate conferees worked

together to reach a compromise. Instead of voting on this ver-

sion, however, Congress substituted an administration bill that

contained only a sunset provision regarding detention as a con-

cession to civil liberties concerns.

Most of the act’s provisions affect noncitizens. However,

the act stresses that the federal government would protect the

rights of any ethnic group that might as a whole be identified

with terrorists. Other major points of the bill include increased

penalties for terrorist activity, allowing roving wiretaps without

the necessity of granting a separate warrant for each one, and

nationwide search warrants. The bill explicitly outlawed pos-

session of substances that can be used for biological weapons.

In addition, it updates legislation to cover technologies such as

e-mail that did not exist when earlier statutes were passed.

________________________

_______________________

Title I: Enhancing Domestic Security Against Terrorism -

Establishes in the Treasury the Counterterrorism Fund

(Sec. 102) Expresses the sense of Congress that: (1) the

civil rights and liberties of all Americans, including Arab

Americans, must be protected, and that every effort must

be taken to preserve their safety; (2) any acts of violence or

discrimination against any Americans be condemned; and

(3) the Nation is called upon to recognize the patriotism of

fellow citizens from all ethnic, racial, and religious back-

grounds.

(Sec. 104) Authorizes the Attorney General to request

the Secretary of Defense to provide assistance in support

of Department of Justice (DOJ) activities relating to the

enforcement of Federal criminal code (code) provisions

regarding the use of weapons of mass destruction during

an emergency situation involving a weapon (currently,

chemical weapon) of mass destruction.

(Sec. 105) Requires the Director of the U.S. Secret

Service to take actions to develop a national network of

electronic crime task forces throughout the United States

to prevent, detect, and investigate various forms of elec-

tronic crimes, including potential terrorist attacks against

critical infrastructure and financial payment systems

(Sec. 106) Modifies provisions relating to presidential

authority under the International Emergency Powers Act

to: (1) authorize the President, when the United States is

engaged in armed hostilities or has been attacked by a for-

eign country or foreign nationals, to confiscate any prop-

erty subject to U.S. jurisdiction of a foreign person,

organization, or country that he determines has planned,

authorized, aided, or engaged in such hostilities or attacks

(the rights to which shall vest in such agency or person as

the President may designate); and (2) provide that, in any

judicial review of a determination made under such provi-

sions, if the determination was based on classified infor-

mation such information may be submitted to the

reviewing court ex parte and in camera.

Title II: Enhanced Surveillance Procedures - Amends the

Federal criminal code to authorize the interception of

wire, oral, and electronic communications for the produc-

tion of evidence of: (1) specified chemical weapons or ter-

rorism offenses; and (2) computer fraud and abuse.

(Sec. 203) . . .Permits the sharing of grand jury infor-

mation that involves foreign intelligence or counterintelli-

gence with Federal law enforcement, intelligence,

protective, immigration, national defense, or national

security officials (such officials), subject to specified

requirements.

Authorizes an investigative or law enforcement officer,

or an attorney for the Government, who, by authorized

means, has obtained knowledge of the contents of any

wire, oral, or electronic communication or evidence

derived therefrom to disclose such contents to such offi-

cials to the extent that such contents include foreign intel-

ligence or counterintelligence.

Directs the Attorney General to establish procedures

for the disclosure of information . . . that identifies a

United States person, as defined in the Foreign Intelli-

gence Surveillance Act of 1978 (FISA)

(Sec. 204) Clarifies that nothing in code provisions

regarding pen registers shall be deemed to affect the

acquisition by the Government of specified foreign intel-

ligence information, and that procedures under FISA

shall be the exclusive means by which electronic surveil-

lance and the interception of domestic wire and oral (cur-

rent law) and electronic communications may be

conducted

(Sec. 206) Grants roving surveillance authority under

FISA after requiring a court order approving an electronic

surveillance to direct any person to furnish necessary

information, facilities, or technical assistance in circum-

stances where the Court finds that the actions of the

surveillance target may have the effect of thwarting the

identification of a specified person.

(Sec. 207) Increases the duration of FISA surveillance

permitted for non-U.S. persons who are agents of a foreign

power.

September 11, 2001, and Aftermath 1793

(Sec. 209) Permits the seizure of voice-mail messages

under a warrant.

(Sec. 211) Amends the Communications Act of 1934

to permit specified disclosures to Government entities,

except for records revealing cable subscriber selection of

video programming from a cable operator.

(Sec. 212) Permit electronic communication and

remote computing service providers to make emergency

disclosures to a governmental entity of customer electronic

communications to protect life and limb.

(Sec. 213) Authorizes Federal district courts to allow a

delay of required notices of the execution of a warrant if

immediate notice may have an adverse result and under

other specified circumstances.

(Sec. 214) Prohibits use of a pen register or trap and

trace devices [methods of capturing telephone call infor-

mation] in any investigation to protect against international

terrorism or clandestine intelligence activities that is con-

ducted solely on the basis of activities protected by the first

amendment to the U.S. Constitution

(Sec. 215) Authorizes the Director of the FBI (or

designee) to apply for a court order requiring production

of certain business records for foreign intelligence and

international terrorism investigations. . . .

(Sec. 216) Amends the code to: (1) require a trap and

trace device to restrict recoding or decoding so as not to

include the contents of a wire or electronic communica-

tion; (2) apply a court order for a pen register or trap and

trace devices to any person or entity providing wire or

electronic communication service in the United States

whose assistance may facilitate execution of the order; (3)

require specified records kept on any pen register or trap

and trace device on a packet-switched data network of a

provider of electronic communication service to the pub-

lic; and (4) allow a trap and trace device to identify the

source (but not the contents) of a wire or electronic com-

munication.

(Sec. 217) Makes it lawful to intercept the wire or

electronic communication of a computer trespasser in cer-

tain circumstances.

(Sec. 218) Amends FISA to require an application for

an electronic surveillance order or search warrant to cer-

tify that a significant purpose (currently, the sole or main

purpose) of the surveillance is to obtain foreign intelli-

gence information

(Sec. 219) Amends rule 41 of the FRCrP [Federal

Rules of Criminal Procedure] to permit Federal magis-

trate judges in any district in which terrorism-related activ-

ities may have occurred to issue search warrants for

searches within or outside the district.

(Sec. 220) Provides for nationwide service of search

warrants for electronic evidence.

(Sec. 223) Amends the Federal criminal code to

provide for administrative discipline of Federal officers

or employees who violate prohibitions against unautho-

rized disclosures of information gathered under this Act.

Provides for civil actions against the United States for

damages by any person aggrieved by such violations.

[Sec. 225 exempts service providers, landlords, or others

or assist government agents acting under the act from

civil suits.]

(224) Terminates this title on December 31, 2005,

except with respect to any particular foreign intelligence

investigation beginning before that date, or any particular

offense or potential offense that began or occurred before it.

Title IV: Protecting the Border

Subtitle B: Enhanced Immigration Provisions

Amends the Immigration and Nationality Act to

broaden the scope of aliens ineligible for admission or

deportable due to terrorist activities to include an alien

who: (1) is a representative of a political, social, or simi-

lar group whose political endorsement of terrorist acts

undermines U.S. antiterrorist efforts; (2) has used a posi-

tion of prominence to endorse terrorist activity, or to per-

suade others to support such activity in a way that

undermines U.S. antiterrorist efforts (or the child or

spouse of such an alien under specified circumstances);

or (3) has been associated with a terrorist organization

and intends to engage in threatening activities while in

the United States.

Title IV, B (Sec. 411); Title VIII, (Sec. 802)

“Title IV. B (Sec. 411) Includes within the definition of

“terrorist activity” the use of any weapon or dangerous

device.

Redefines “engage in terrorist activity” to mean, in an

individual capacity or as a member of an organization, to:

(1) commit or to incite to commit, under circumstances

indicating an intention to cause death or serious bodily

injury, a terrorist activity; (2) prepare or plan a terrorist

activity; (3) gather information on potential targets for ter-

rorist activity; (4) solicit funds or other

things of value for a terrorist activity or a terrorist

organization (with an exception for lack of knowledge); (5)

solicit any individual to engage in prohibited conduct or

for terrorist organization membership (with an exception

for lack of knowledge); or (6) commit an act that the actor

knows, or reasonably should know, affords material sup-

port, including a safe house, transportation, communica-

tions, funds, transfer of funds or other material financial

benefit, false documentation or identification, weapons

(including chemical, biological, or radiological weapons),

explosives, or training for the commission of a terrorist

activity; to any individual who the actor knows or reason-

ably should know has committed or plans to commit a ter-

1794 ERA 10: Contemporary United States

September 11, 2001, and Aftermath 1795

rorist activity; or to a terrorist organization (with an excep-

tion for lack of knowledge).

“[Title IV. B (Sec. 411)] defines “terrorist organiza-

tion” as a group: (1) designated under the Immigration and

Nationality Act or by the Secretary of State; or (2) a group

of two or more individuals, whether related or not, which

engages in terrorist-related activities.

“Title VIII. (Sec. 802) Amends the Federal criminal

code to: (1) revise the definition of “international terrorism”

to include activities that appear to be intended to affect the

conduct of government by mass destruction; and (2) defines

‘domestic terrorism’ as activities that occur primarily within

U.S. jurisdiction, that involve criminal acts dangerous to

human life, and that appear to be intended to intimidate or

coerce a civilian population, to influence government policy

by intimidation or coercion, or to affect government con-

duct by mass destruction, assassination, or kidnapping.

(Sec. 412) Provides for mandatory detention until

removal from the United States (regardless of any relief

from removal) of an alien certified by the Attorney Gen-

eral as a suspected terrorist or threat to national security.

Requires release of such alien after seven days if removal

proceedings have not commenced, or the alien has not

been charged with a criminal offense. Authorizes deten-

tion for additional periods of up to six months of an alien

not likely to be deported in the reasonably foreseeable

future only if release will threaten U.S. national security or

the safety of the community or any person. Limits judicial

review to habeas corpus proceedings in the U.S. Supreme

Court, the U.S. Court of Appeals for the District of

Columbia, or any district court with jurisdiction to enter-

tain a habeas corpus petition. Restricts to the U.S. Court of

Appeals for the District of Columbia the right of appeal of

any final order by a circuit or district judge.

(Sec. 413) Authorizes the Secretary of State, on a

reciprocal basis, to share criminal- and terrorist-related

visa lookout information with foreign governments.

(Sec. 414) Declares the sense of Congress that the

Attorney General should: (1) fully implement the inte-

grated entry and exit data system for airports, seaports, and

land border ports of entry with all deliberate speed. . . .

(Sec. 416) Directs the Attorney General to implement

fully and expand the foreign student monitoring program

to include other approved educational institutions like air

flight, language training, or vocational schools.

(Sec. 427) Prohibits benefits to terrorists or their fam-

ily members.

V: Removing Obstacles to Investigating Terrorism

Authorizes the Attorney General to pay rewards from

available funds pursuant to public advertisements for assis-

tance to DOJ to combat terrorism and defend the Nation

against terrorist acts. . . .

(Sec. 503) Amends the DNA Analysis Backlog Elimi-

nation Act of 2000 to qualify a Federal terrorism offense

for collection of DNA for identification.

(Sec. 504) Amends FISA to authorize consultation

among Federal law enforcement officers regarding infor-

mation acquired from an electronic surveillance or physi-

cal search in terrorism and related investigations or

protective measures

(Sec. 505) Allows the FBI to request telephone toll

and transactional records, financial records, and consumer

reports in any investigation to protect against international

terrorism or clandestine intelligence activities only if the

investigation is not conducted solely on the basis of activi-

ties protected by the first amendment to the U.S. Consti-

tution

(Sec. 506) Revises U.S. Secret Service jurisdiction

with respect to fraud and related activity in connection

with computers. Grants the FBI primary authority to

investigate specified fraud and computer related activity

for cases involving espionage, foreign counter-intelligence,

information protected against unauthorized disclosure

for reasons of national defense or foreign relations, or

restricted data, except for offenses affecting Secret Service

duties.

(Sec. 507) Provide[s] for disclosure of educational

records to the Attorney General in a terrorism investiga-

tion or prosecution.

Title VIII: Strengthening the Criminal Laws Against

Terrorism

Amends the Federal criminal code to prohibit specific

terrorist acts or otherwise destructive, disruptive, or vio-

lent acts against mass transportation vehicles, ferries,

providers, employees, passengers, or operating systems.

(Sec. 803) Prohibits harboring any person knowing or

having reasonable grounds to believe that such person has

committed or to be about to commit a terrorism offense.

(Sec. 804) Establishes Federal jurisdiction over crimes

committed at U.S. facilities abroad.

(Sec. 805) Applies the prohibitions against providing

material support for terrorism to offenses outside of the

United States.

(Sec. 806) Subjects to civil forfeiture all assets, foreign

or domestic, of terrorist organizations.

(Sec. 808) Expands: (1) the offenses over which the

Attorney General shall have primary investigative jurisdic-

tion under provisions governing acts of terrorism transcend-

ing national boundaries; and (2) the offenses included

within the definition of the Federal crime of terrorism.

(Sec. 809) Provides that there shall be no statute of

limitations for certain terrorism offenses if the commission

of such an offense resulted in, or created a foreseeable risk

of, death or serious bodily injury to another person

(Sec. 811) Makes: (1) the penalties for attempts and

conspiracies the same as those for terrorism offenses. . . .

(Sec. 814) Revises prohibitions and penalties regard-

ing fraud and related activity in connection with comput-

ers to include specified cyber-terrorism offenses.

(Sec. 817) Prescribes penalties for knowing possession

in certain circumstances of biological agents, toxins, or

delivery systems, especially by certain restricted persons.

Title IX: Improved Intelligence

Require[s] the Director of Central Intelligence. . .to

establish requirements and priorities for foreign intelli-

gence collected under [FISA] and to provide assistance to

the Attorney General . . . to ensure that information

derived from electronic surveillance or physical searches is

disseminated for efficient and effective foreign intelli-

gence purposes. Requires the inclusion of international

terrorist activities within the scope of foreign intelligence

under such Act

(Sec. 903) Expresses the sense of Congress that offi-

cers and employees of the intelligence community should

establish and maintain intelligence relationships to acquire

information on terrorists and terrorist organizations.

Title X: Miscellaneous

(Sec. 1002) Expresses the sense of Congress con-

demning acts of violence or discrimination against any

American, including Sikh-Americans. Calls upon local and

Federal law enforcement authorities to prosecute to the

fullest extent of the law all those who commit crimes.

(Sec. 1009) Directs the FBI to study and report to

Congress on the feasibility of providing to airlines access

via computer to the names of passengers who are sus-

pected of terrorist activity by Federal officials. . . .

(Sec. 1012) Amends the Federal transportation code

to prohibit States from licensing any individual to operate

a motor vehicle transporting hazardous material unless

the Secretary of Transportation determines that such

individual does not pose a security risk warranting denial

of the license. Requires background checks of such

license applicants by the Attorney General upon State

request.

(Sec. 1016) Critical Infrastructures Protection Act of

2001. Defines critical infrastructure as systems and assets,

whether physical or virtual, so vital to the United States

that their incapacity or destruction would have a debilitat-

ing impact on security, national economic security, national

public health or safety, or any combination of those mat-

ters.

Source:

Official Summary of the USA PATRIOT Act, 2001. Also available

on-line from the American Library Association. URL:

www.ala.org.

Aviation and Transportation

Security Act, 2001

This bill was passed by Congress November 16, 2001, and

signed by President Bush on November 19. It came in response

to increased concerns over airline security following the

September 11, 2001, attacks. The Aviation and Transportation

Security Act attempted to prevent such hijackings in the future

by increasing airport security. The bill required that within a

year most airport security screeners would be federal employ-

ees, a goal met on November 19, 2002. Five airports were to

test alternative security arrangements involving private con-

tractors. After three years, airports could request that private

contractors handle screening. Background checks were

required for all screeners, and all screeners must be U.S. citi-

zens. Although these federal screeners were allowed to union-

ize, they could not strike. To pay the new workers’ salaries,

airlines could collect the amount they would normally spend

per year on screeners—about $700 million—and charge pas-

sengers $2.50 for each leg of their trip, with a maximum charge

of $5.00 per trip. The bill also required closer inspection of

checked baggage, screening of all passengers, and more air

marshals. In addition, flight schools were required to conduct

background checks on noncitizens seeking instruction in the

operation of aircraft over 12,500 pounds, and flight school

employees would be trained to recognize suspicious behavior.

The Transportation Security Administration began Febru-

ary 19, 2002. Within the following year a number of the

components of the act that proved impossible within the pre-

scribed time frame were modified.

________________________

_______________________

(excerpt)

An Act

To improve aviation security, and for other purposes.

Be it enacted by the Senate and House of Represen-

tatives of the United States of America in Congress assem-

bled,

This Act may be cited as the Aviation and Transporta-

tion Security Act.’

Title I—Aviation Security

SEC. 101. TRANSPORTATION SECURITY ADMINIS-

TRATION.

(a) IN GENERAL- The Transportation Security

Administration shall be an administration of the Depart-

ment of Transportation.

* * *

(1) APPOINTMENT- The head of the Administration

shall be the Under Secretary of Transportation for Secu-

1796 ERA 10: Contemporary United States

rity. The Under Secretary shall be appointed by the Presi-

dent, by and with the advice and consent of the Senate.

(2) QUALIFICATIONS- The Under Secretary

must—

(A) be a citizen of the United States; and

(B) have experience in a field directly related to trans-

portation or security.

(3) TERM- The term of office of an individual

appointed as the Under Secretary shall be 5 years.

AND BONDS- The Under Secretary may not own stock in

or bonds of a transportation or security enterprise or an

enterprise that makes equipment that could be used for

security purposes.

(d) FUNCTIONS- The Under Secretary shall be

responsible for security in all modes of transportation,

including—

(1) civil aviation security, and related research and

development activities; and

(2) security responsibilities over other modes of trans-

portation that are exercised by the Department of Trans-

portation.

(e) SCREENING OPERATIONS- The Under Secre-

tary shall—

(1) be responsible for day-to-day Federal security

screening operations for passenger air transportation and

intrastate air transportation. . .;

(2) develop standards for the hiring and retention of

security screening personnel;

(3) train and test security screening personnel; and

(4) be responsible for hiring and training personnel to

provide security screening at all airports in the United

States where screening is required. . .in consultation with

the Secretary of Transportation and the heads of other

appropriate Federal agencies and departments.

(f) ADDITIONAL DUTIES AND POWERS-

* * *

(1) receive, assess, and distribute intelligence infor-

mation related to transportation security;

(2) assess threats to transportation;

(3) develop policies, strategies, and plans for dealing

with threats to transportation security;

(4) make other plans related to transportation security,

including coordinating countermeasures with appropriate

departments, agencies, and instrumentalities of the United

States Government;

(5) serve as the primary liaison for transportation secu-

rity to the intelligence and law enforcement communities;

(6) on a day-to-day basis, manage and provide opera-

tional guidance to the field security resources of the

Administration, including Federal Security Managers. . .;

(7) enforce security-related regulations and require-

ments;

(8) identify and undertake research and development

activities necessary to enhance transportation security;

(9) inspect, maintain, and test security facilities,

equipment, and systems;

(10) ensure the adequacy of security measures for the

transportation of cargo;

(11) oversee the implementation, and ensure the ade-

quacy, of security measures at airports and other trans-

portation facilities;

(12) require background checks for airport security

screening personnel, individuals with access to secure

areas of airports, and other transportation security per-

sonnel;

(13) work in conjunction with the Administrator of the

Federal Aviation Administration with respect to any

actions or activities that may affect aviation safety or air

carrier operations;

(14) work with the International Civil Aviation Orga-

nization and appropriate aeronautic authorities of foreign

governments under section 44907 to address security con-

cerns on passenger flights by foreign air carriers in foreign

air transportation; and

(15) carry out such other duties, and exercise such

other powers, relating to transportation security as the

Under Secretary considers appropriate, to the extent

authorized by law.

(g) NATIONAL EMERGENCY RESPONSIBILI-

TIES-

(1) IN GENERAL- Subject to the direction and control

of the Secretary, the Under Secretary, during a national

emergency, shall have the following responsibilities:

(A) To coordinate domestic transportation, including

aviation, rail, and other surface transportation, and mar-

itime transportation (including port security).

(B) To coordinate and oversee the transportation-

related responsibilities of other departments and agencies

of the Federal Government other than the Department of

Defense and the military departments.

ments and agencies of the Federal Government, and appro-

priate agencies of State and local governments, including

departments and agencies for transportation, law enforce-

ment, and border control, about threats to transportation.

(D) To carry out such other duties, and exercise such

other powers, relating to transportation during a national

emergency as the Secretary shall prescribe.

(2) AUTHORITY OF OTHER DEPARTMENTS

AND AGENCIES- The authority of the Under Secretary

under this subsection shall not supersede the authority of

any other department or agency of the Federal Govern-

September 11, 2001, and Aftermath 1797

ment under law with respect to transportation or trans-

portation-related matters, whether or not during a national

emergency.

(3) CIRCUMSTANCES- The Secretary shall pre-

scribe the circumstances constituting a national emer-

gency for purposes of this subsection.

(h) MANAGEMENT OF SECURITY INFORMA-

TION- In consultation with the Transportation Security

Oversight Board, the Under Secretary shall—

(1) enter into memoranda of understanding with Fed-

eral agencies or other entities to share or otherwise cross-

check as necessary data on individuals identified on

Federal agency databases who may pose a risk to trans-

portation or national security;

(2) establish procedures for notifying the Administra-

tor of the Federal Aviation Administration, appropriate

State and local law enforcement officials, and airport or

airline security officers of the identity of individuals known

to pose, or suspected of posing, a risk of air piracy or ter-

rorism or a threat to airline or passenger safety;

(3) in consultation with other appropriate Federal

agencies and air carriers, establish policies and procedures

requiring air carriers—

(A) to use information from government agencies to

identify individuals on passenger lists who may be a threat

to civil aviation or national security; and

(B) if such an individual is identified, notify appropri-

ate law enforcement agencies, prevent the individual from

boarding an aircraft, or take other appropriate action with

respect to that individual; and

(4) consider requiring passenger air carriers to share

passenger lists with appropriate Federal agencies for the

purpose of identifying individuals who may pose a threat to

aviation safety or national security.

(i) VIEW OF NTSB- In taking any action under this

section that could affect safety, the Under Secretary shall

give great weight to the timely views of the National Trans-

portation Safety Board.

* * *

Source:

Thomas Legislative Information on the Internet. S. 1447. Avail-

able on-line. URL: http://thomas.loc.gov/cgi-bin/bdquery/

z?d107:s.00147:. Accessed November 2003.

Joint Resolution to Authorize the

Use of U.S. Armed Forces

against Iraq, 2002

On October 16, 2002, President Bush signed a congressional

resolution giving him the authority to use military force, if nec-

essary, to destroy the biological and chemical weapons that,

according to the White House, are being stored by Saddam

Hussein’s government in Iraq, and to shut down Baghdad’s

alleged nuclear weapons program. The president called the

Iraqi regime “a serious and growing threat to peace.’’ The

president and congressional supporters of the resolution con-

sidered the resolution a way to influence the United Nations

Security Council and General Assembly to pass an additional

resolution or resolutions requiring Iraq to submit to uncondi-

tional weapons inspections or risk military action. The White

House had insisted that as commander in chief Mr. Bush

already had the power to order a military strike against Iraq in

defense of the United States. But he had lobbied hard for con-

gressional support so that he could argue to the United

Nations that the country was behind him. In order to garner

Democratic support, the White House agreed to accept

attempting to work through the United Nations, but if the UN

was not forthcoming, he made it clear he would act alone.

Iraq condemned the draft resolution as “an insult to the

international community.’’

________________________

_______________________

October 11, 2002

Joint Congressional Resolution

Whereas the Iraq Liberation Act (Public Law 105-

338) expressed the sense of Congress that it should be the

policy of the United States to support efforts to remove

from power the current Iraqi regime and promote the

emergence of a democratic government to replace that

regime;

Whereas on September 12, 2002, President Bush

committed the United States to ‘work with the United

Nations Security Council to meet our common challenge’

posed by Iraq and to ‘work for the necessary resolutions,’

while also making clear that ‘the Security Council resolu-

tions will be enforced, and the just demands of peace and

security will be met, or action will be unavoidable’;

Whereas the United States is determined to prosecute

the war on terrorism and Iraq’s ongoing support for inter-

national terrorist groups combined with its development of

weapons of mass destruction in direct violation of its obli-

gations under the 1991 cease-fire and other United

Nations Security Council resolutions make clear that it is

in the national security interests of the United States and

in furtherance of the war on terrorism that all relevant

United Nations Security Council resolutions be enforced,

including through the use of force if necessary;

Whereas Congress has taken steps to pursue vigor-

ously the war on terrorism through the provision of author-

ities and funding requested by the President to take the

necessary actions against international terrorists and ter-

rorist organizations, including those nations, organizations

or persons who planned, authorized, committed or aided

1798 ERA 10: Contemporary United States

the terrorist attacks that occurred on September 11, 2001,

or harbored such persons or organizations;

Whereas the President and Congress are determined

to continue to take all appropriate actions against interna-

tional terrorists and terrorist organizations, including those

nations, organizations or persons who planned, authorized,

committed or aided the terrorist attacks that occurred on

September 11, 2001, or harbored such persons or organi-

zations;

Whereas the President has authority under the Con-

stitution to take action in order to deter and prevent acts

of international terrorism against the United States, as

Congress recognized in the joint resolution on Authoriza-

tion for Use of Military Force (Public Law 107-40); and

Whereas it is in the national security of the United

States to restore international peace and security to the

Persian Gulf region: Now, therefore, be it

Resolved by the Senate and House of Representatives

of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This joint resolution may be cited as the `Authoriza-

tion for the Use of Military Force Against Iraq’.

SEC. 2. SUPPORT FOR UNITED STATES DIPLO-

MATIC EFFORTS.

The Congress of the United States supports the efforts

by the President to — (1) strictly enforce through the

United Nations Security Council all relevant Security

Council resolutions applicable to Iraq and encourages him

in those efforts; and (2) obtain prompt and decisive action

by the Security Council to ensure that Iraq abandons its

strategy of delay, evasion and noncompliance and promptly

and strictly complies with all relevant Security Council res-

olutions.

SEC. 3. AUTHORIZATION FOR USE OF UNITED

STATES ARMED FORCES.

(a) AUTHORIZATION- The President is authorized

to use the Armed Forces of the United States as he deter-

mines to be necessary and appropriate in order to —

(1) defend the national security of the United States

against the continuing threat posed by Iraq; and

(2) enforce all relevant United Nations Security Coun-

cil resolutions regarding Iraq.

(b) PRESIDENTIAL DETERMINATION- In con-

nection with the exercise of the authority granted in sub-

section (a) to use force the President shall, prior to such

exercise or as soon thereafter as may be feasible, but no

later than 48 hours after exercising such authority, make

available to the Speaker of the House of Representatives

and the President pro tempore of the Senate his determi-

nation that —

(1) reliance by the United States on further diplomatic

or other peaceful means alone either (A) will not ade-

quately protect the national security of the United States

against the continuing threat posed by Iraq or (B) is not

likely to lead to enforcement of all relevant United Nations

Security Council resolutions regarding Iraq; and

(2) acting pursuant to this resolution is consistent with

the United States and other countries continuing to take the

necessary actions against international terrorists and terror-

ist organizations, including those nations, organizations or

persons who planned, authorized, committed or aided the

terrorists attacks that occurred on September 11, 2001.

MENTS-

(1) SPECIFIC STATUTORY AUTHORIZATION-

Consistent with section 8(a)(1) of the War Powers Resolu-

tion, the Congress declares that this section is intended to

constitute specific statutory authorization within the

meaning of section 5(b) of the War Powers Resolution.

(2) APPLICABILITY OF OTHER REQUIRE-

MENTS- Nothing in this resolution supersedes any

requirement of the War Powers Resolution.

SEC. 4. REPORTS TO CONGRESS.

(a) The President shall, at least once every 60 days,

submit to the Congress a report on matters relevant to this

joint resolution, including actions taken pursuant to the

exercise of authority granted in section 3 and the status of

planning for efforts that are expected to be required after

such actions are completed, including those actions

described in section 7 of Public Law 105-338 (the Iraq

Liberation Act of 1998).

(b) To the extent that the submission of any report

described in subsection (a) coincides with the submission

of any other report on matters relevant to this joint resolu-

tion otherwise required to be submitted to Congress pur-

suant to the reporting requirements of Public Law 93-148

(the War Powers Resolution), all such reports may be sub-

mitted as a single consolidated report to the Congress.

tion 3 of Public Law 102-1 is included in the report

required by this section, such report shall be considered

as meeting the requirements of section 3 of Public Law

102-1.

Source:

The New York Times on the Web. URL: www.nytimes.com.

Organization of the Homeland Security

Department, 2002

President George W. Bush signed legislation creating a

Department of Homeland Security November 25, 2002.

Shortly after the terrorist attacks of 9/11, President Bush named

Thomas Ridge, then governor of Pennsylvania, to head the

White House Office of Homeland Security. He now nomi-

September 11, 2001, and Aftermath 1799

Domestic Politics

Lou Cannon. President Reagan: The Role of a Lifetime. 2d

ed. New York: Public Affairs, 2000.

Danny O. Coulson, with Eileen Shannon. No Heroes:

Inside the FBI’s Secret Counter-Terror Force. New

York: Pocket Books, 1999.

Jim Dwyer, David Kocienieski, Deidre Murphy, and Peg

Tyre. Two Seconds Under the World: The Conspiracy

Behind the World Trade Center Bombing. New York:

Crown, 1994

John Robert Greene. The Presidency of Gerald Ford.

Lawrence: University Press of Kansas, 1995.

Haynes Johnson. Best of Times: America in the Clinton

Years. New York: Harcourt, 1999.

Haynes Johnson. Sleepwalking Through History: America

in the Reagan Years. New York: W.W. Norton, 1991.

Kevin Phillips. The Politics of Rich and Poor. New York:

Random House, 1990.

Richard Posner. An Affair of State: The Investigation, Im-

peachment, and Trial of President Clinton. Cambridge,

Mass.: Harvard University Press, 1999.

Foreign Policy Issues

Michael Beschloss and Strobe Talbott. At the Highest Lev-

els: The Inside Story of the End of the Cold War.

Boston: Little Brown, 1993.

Tom Clancy, with Frederick M. Franks. Into the Storm:

A Study in Command. New York: G.P. Putnam,

1997.

Theodore Draper. A Very Thin Line: The Iran-Contra

Affairs. New York: Hill & Wang, 1991.

John L. Gaddis. The United States and the End of the Cold

War. New York: Oxford University Press, 1992.

Raymond L. Garthoff. Detente and Confrontation: Ameri-

can-Soviet Relations from Nixon to Reagan. Washing-

ton, D.C.: Brookings Institution, 1994.

nated Ridge to head the new agency. Its purpose was to coor-

dinate all activities related to domestic security and countert-

errorism except the intelligence collecting of the Federal

Bureau of Investigation, the Central Intelligence Agency, and

the intelligence units of the Department of Defense. However,

the new department would conduct intelligence analysis.

Ridge would head what had been 22 formerly independent

agencies or components of other departments, including the

Federal Emergency Management Agency (FEMA), the Coast

Guard and Transportation Security Administration from the

Department of Transportation, the Secret Service and Customs

Service from Treasury, the Immigration and Naturalization Ser-

vice and National Domestic Preparedness Office (FBI) from

Justice, and the Animal and Plant Health Inspection Service

from the Department of Agriculture. When fully staffed, the

new department was expected to have approximately 170,000

employees. The Homeland Security Act also established a

commission to study intelligence.

________________________

_______________________

101. EXECUTIVE DEPARTMENT; MISSION.

(a) ESTABLISHMENT- There is established a

Department of Homeland Security, as an executive

department of the United States within the meaning of

title 5, United States Code.

(b) MISSION-

(1) IN GENERAL- The primary mission of the

Department is to—

(A) prevent terrorist attacks within the United States;

(B) reduce the vulnerability of the United States to

terrorism;

from terrorist attacks that do occur within the United States;

(D) carry out all functions of entities transferred to the

Department, including by acting as a focal point regarding

natural and manmade crises and emergency planning;

(E) ensure that the functions of the agencies and sub-

divisions within the Department that are not related

directly to securing the homeland are not diminished or

neglected except by a specific explicit Act of Congress;

(F) ensure that the overall economic security of the

United States is not diminished by efforts, activities, and

programs aimed at securing the homeland; and

(G) monitor connections between illegal drug traffick-

ing and terrorism, coordinate efforts to sever such connec-

tions, and otherwise contribute to efforts to interdict illegal

drug trafficking.

(2) RESPONSIBILITY FOR INVESTIGATING

AND PROSECUTING TERRORISM- Except as specifi-

cally provided by law with respect to entities transferred to

the Department under this Act, primary responsibility for

investigating and prosecuting acts of terrorism shall be

vested not in the Department, but rather in Federal, State,

and local law enforcement agencies with jurisdiction over

the acts in question…

Source:

Thomas Legislative Information on the Internet. http://thomas.

loc.gov/cgi-bin/query/z?c107:h.r.5005.enr: , or in pdf format

at http://news.findlaw.com/nytimes/docs/terrorism/hsa2002.

pdf. Accessed November 2003.

1800 ERA 10: Contemporary United States

UGGESTED

EADING