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Patriot Act, Title IV
The USA PATRIOT Act was passed by the United States Congress in 2001 as a response to the September 11, 2001 attacks. It has ten titles, each containing numerous sections. Title IV: Protecting the Border aims to prevent terrorism in the USA through immigration regulations. The provisions of the title generally increase the difficulty of entering the country for those known to have, or suspected of having, terrorist intent.
Title IV amends large parts of the Immigration and Nationality Act, giving more law enforcement and investigative power to the United States Attorney General and to the Immigration and Naturalization Service. Criticisms of the title include its lack of mention of judicial review for groups designated as terrorist〔See, e.g., ("The Usa Patriot Act: One Year Later" ), Michael Williams (14 November 2002), ''TruthOut''.〕 and its sections that mandate study of potential future legislative enhancements rather than enforcement action.〔Rosemary Jenks (December 2001), ("The USA PATRIOT Act of 2001, A Summary of the Anti-Terrorism Law's Immigration-Related Provisions" ), ''Center for Immigration Studies''.〕
==Subtitle A--Protecting the Northern Border==
The Attorney General was authorized to waive any cap on the number of full-time employees (FTEs) assigned to the Immigration and Naturalization Service on the Northern border of the United States (the country to the north of the U.S. is Canada).〔Section 401〕 Enough funds were also set aside to triple the maximum number of Border Patrol personnel, Customs Service personnel and INS inspectors along with an additional US$50,000,000 funding for the INS and the U.S. Customs Service to improve technology for monitoring the Northern Border and acquiring additional equipment at the Northern Border.〔Section 402〕 The INS was also given the authority to authorise overtime payments of up to an extra US$30,000 a year to INS employees.〔The Department of Justice Appropriations Act, 2001 was amended by section 404 of the Patriot Act.〕
Access was given to the Department of State and the INS to certain identifying information in the criminal history records of visa applicants and applicants for admission to the United States.〔Section 403 of the Patriot Act amends or Section 105 of the Immigration and Nationality Act〕 The information that may be exchanged include the criminal history record information contained in the National Crime Information Center's Interstate Identification Index (NCIC-III), Wanted Persons File and any other files maintained by the National Crime Information Center. Such information is provided as an extract from an automated visa lookout system or other appropriate database, and is provided free of charge. However, for the Department of State to obtain the full criminal record, it must first submit the applicant's fingerprints to the Criminal Justice Information Services Division of the FBI. The Department of State was required to form final regulations that govern the procedures for taking fingerprints and the conditions with which the department was allowed to use such information. The final regulations are specified in (22 CFR 40.5 ). Additionally, a technology standard to became the technology basis for a cross-agency, cross-platform electronic system was mandated to be developed by the National Institute of Standards and Technology (NIST) to be used to verify the identity of persons applying for a United States for the purposes of conducting background checks, confirming identity, and ensuring that a person has not received a visa under a different name. This report was released on November 13, 2002,〔''National Institute of Standards and Technology'', November 13, 2002. ("Use of Technology Standards and Interoperable Databases With Machine-Readable, Tamper-Resistant Travel Documents" ) (Appendix A)〕 however, according to NIST, this was later "determined that the fingerprint system used was not as accurate as current state-of-the-art fingerprint systems and is approximately equivalent to commercial fingerprint systems available in 1998"〔(NIST Image Group's Fingerprint Research ), see the section "NIST Patriot Act Work" (accessed June 28, 2006)〕 This report was later superseded by section 303(a) of the Enhanced Border Security and Visa Entry Reform Act of 2002.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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