Congress has enacted a number of pieces of legislation to ensure national security. National Security Legislation include:
- National Security Act;
- Real ID Act;
- Military Commissions Act;
- USA Patriot Act;
- Bioterrorism Act of 2002;
- Project Bioshield Act of 2004;
- Foreign Intelligence Surveillance Act; and
- Intelligence Reform and Terrorism Prevention Act of 2004.
The National Security Act is enacted to provide a comprehensive program for the future security of the U.S.; to provide for the establishment of integrated policies and procedures for the departments, agencies, and functions of the Government relating to the national security; and to provide a Department of Defense[i].
The Real ID Act has been enacted:
- to establish new national standards for state-issued driver licenses and non-driver identification cards;
- to fund some reports and pilot projects related to border security;
- to update and tighten the laws on application for asylum and deportation of aliens for terrorist activity;
- to waive laws that interfere with construction of physical barriers at the borders;
- to introduce rules covering delivery bonds; and
- to change the visa limits for temporary workers, nurses, and Australian citizens.
The Military Commissions Act is an act authorizing trial by a military commission for violations of the law of war, and for other purposes[ii]. The purpose of the USA Patriot Act is to deter and punish terrorist acts in the U.S. and around the world and also to enhance law enforcement investigatory tools.
The Bioterrorism Act of 2002 was enacted to improve the ability of the U.S. to prevent, prepare for, and respond to bioterrorism and other public health concerns. The Project Bioshield Act of 2004 was enacted to provide protections and countermeasures against chemical, radiological, or nuclear agents that may be used in a terrorist attack against the U.S.
The Foreign Intelligence Surveillance Act (“FISA”) can be found in title 50, Chapter 36 of the U.S. Code[iii]. FISA lays down the procedures for the physical and electronic surveillance. FISA contains provisions regarding collection of foreign intelligence information between foreign powers and agents of foreign powers.
The Intelligence Reform and Terrorism Prevention Act of 2004 was enacted to reform the intelligence community, the intelligence and intelligence-related activities of the U.S. Government, and for other purposes.
[i] 50 USCS § 401.
[ii] 109 P.L. 366.
[iii] 50 USCS § 1801.