USA PATRIOT Improvement and Reauthorization Act of 2005 (H.R. 3199): a side-by-side comparison of existing law, H.R. 3199 (conference), and H.R. 3199 (Senate passed).(Report)

Summary

By virtue of Section 224 of the USA PATRIOT Act, P.L. 107-56 (2001), several of the act's amendments to the Foreign Intelligence Surveillance Act, 50 U.S.C. 1801-1862, and the Electronic Communications Privacy Act, 18 U.S.C. 2510-2522, 2701-2712, 3121-3127, were scheduled to expire on December 31, 2005, 115 Stat. 295 (2001). S. 2167 postpones the expiration dates of those provisions and of Section 6001 of the Intelligence Reform and Terrorism Prevention Act of 2004 ("lone wolf" amendment), 118 Stat. 3742 (2004), until February 3, 2006.

The version of the USA PATRIOT Improvement and Reauthorization Act of 2005, H.R. 3199, which the Senate sent to conference, primarily addresses the provisions scheduled to expire and related matters such as the issuance of "national security letters" under 18 U.S.C. 2709. The version of H.R. 3199 upon which the conferees agreed represents a compromise between the Senate version and the version passed by the House. The conference bill also contains provisions, amended by the conferees in several instances, that originated in the House but that in some cases have been considered in the Senate under separate legislative proposals. These include sections relating to the death penalty, seaport security, combating terrorism financing, and methamphetamine abuse.

No subsequent revision of this report is anticipated at this time. Related CRS reports include CRS Report RS22348, USA PATRIOT Improvement and Reauthorization Act of 2005 (H.R. 3199): A Brief Look, by Brian T. Yeh and Charles Doyle.

 
Contents 
 
USA PATRIOT Act Reauthorization and Related Matters 
Terrorist Death Penalty Enhancement 
Reducing Crime and Terrorism at America's Seaports 
Combating Terrorism Financing 
Miscellaneous Provisions 
Secret Service 
Combat Methamphetamine Epidemic Act of 2005 

On December 9, 2005, House and Senate conferees reported out the USA PATRIOT Improvement and Reauthorization Act (H.R. 3199). The House agreed to the conference report on December 14, 2005, whereas the Senate has yet to take action on it. On December 22, 2005, the House and Senate passed a bill (S. 2167) that extended the sunset of certain provisions of the USA PATRIOT Act and the lone wolf provision of the Intelligence Reform and Terrorism Prevention Act of 2004, originally set to expire on December 31, 2005, until February 3, 2006. What follows is a side-by-side comparison of existing law, the conference report version of H.R. 3199, and the version of H.R. 3199 that the Senate sent to conference.

Brian T. Yeh

Legislative Attorney

American Law Division

Charles Doyle

Senior Specialist

American Law Division

 
USA PATRIOT ACT REAUTHORIZATIONS & ADJUSTMENTS: 
COMPARISON OF H.R. 3199 (CONFERENCE REPORT) AND H.R. 3199 
(SENATE PASSED S.1389)) 
 
Present law                          H.R. 3199 (Conference Report) 
 
                                     USA PATRIOT Act Reauthorization 
                                     and Related Matters 
 
                                     USA PATRIOT and 
                                     Terrorism Prevention 
                                     Reauthorization Act of 2005 
 
Under Section 224 of                 Sec. 102(a). (a) Repeals section 
the USA PATRIOT Act, 18 U.S.C.       224 of the USA PATRIOT Act (except 
2510 note, the following sections    as noted below all expiring 
of the Act expire on                 sections made permanent). 
December 31, 2005: 
  Sec. 201 (wiretapping: terrorism 
predicate offenses) 
  Sec. 202 (wiretapping: computer 
predicate offenses) 
  Sec. 203(b)(wiretapping: sharing 
foreign intell. info.) 
  Sec. 203(d)(law enforcement 
sharing foreign intell.info.) 
  Sec. 204 (ECPA foreign system 
pen register/trap & trace 
exception) 
  Sec. 206 (roving FISA wiretaps)    Sec. 102(b). Postpones expiration 
  Sec. 207 (duration of FISA         of sec. 206 until 
orders)                              December 31, 2009. 
  Sec. 209 (access to stored 
voice mall) 
   Sec. 212 (emergency access to 
e-mail) 
  Sec. 213 (delayed notice of 
sneak & peek) 
  Sec. 214 (FISA pen register/ 
trap & trace) 
  Sec. 215 (FISA access to           Sec.102(b). Postpones expiration 
business records)                    of sec. 215 until December 31, 
   Sec. 217 (computer trespasser     2009. 
communications) 
  Sec. 218 (the wall) 
  Sec. 220 (nation-wide service 
of ISP orders) 
  Sec. 223 (sanctions) 
  Sec. 225 (FISA helper immunity) 
 
Section 6001 of the                  Sec.103. Postpones expiration of 
Intelligence Reform and Terrorism    sec. 6601until December 31, 2009. 
Prevention Act (IRTPA), amends the 
FISA definition of "agents of a 
foreign power" to include foreign 
nationals preparing for or 
engaging in terrorist activities, 
50 U.S.C. 1801(b)(1)(C), and 
expires on December 31, 2005. 
 
Section 6603 amends                  Sec.104. Makes sec. 6603 
law relating to 18 U.S.C. 2339B      permanent. 
(material support of terr. org.) 
to clarify the definition of 
"material support," the knowledge 
element of the crime, its 
exterritorial reach, and to add 
certain crimes to predicate 
offense list in 18 U.S.C. 2339A 
(material support of terrorist 
crimes) and to the list of federal 
crimes of terrorism (18 U.S.C. 
2332b(g)(5)(B); sec. 6603 expires 
on December 31, 2006. 
 
Section 207 of the                   Sec.105. Extends the tenure of 
USA PATRIOT Act extends the life     FISA surveillance and search 
time of FISA surveillance and        orders to any agents of a foreign 
search orders and extensions         power who are not U.S. persons 
relating to non U.S. persons who     (e.g. lone wolf terrorists), 
are agents of foreign powers by      50 U.S.C. 1805(e), 1824(d). 
virtue of their employment by 
foreign powers or their membership   Extends the life time of FISA pen 
in an international terrorist        register/trap & trace orders and 
group, 50 U.S.C. 1805(e), 1824(d).   extensions from 90 days to 1 year 
                                     when the information to be 
                                     obtained does not involve a U.S. 
                                     person, 50 U.S.C. 1842(e)(2). 
 
FISA orders for                      Sec.106(a). Orders for the 
access to tangible items have no     production of certain library, 
explicit exception for library,      bookstore, firearm sales, tax 
bookstore, or any other particular   return, educational or medical 
business record, 50 U.S.C.1861.      records must be approved by the 
                                     FBI Director or Deputy Director or 
                                     Executive Assistant Director, 50 
                                     U.S.C. 1861(a)((3). 
 
Section 215 of the                   Sec.106(b). Requires applications 
USA PATRIOT Act authorizes FISA      (A) to demonstrate reasonable 
orders for the production of         grounds to believe the tangible 
tangible items for investigations    things sought are relevant to an 
to obtain foreign intelligence       investigation to protect against 
information and to protect against   intern'1 terrorism or spying or 
international terrorism and          to obtain for. intell.info. Not 
espionage, 50 U.S.C. 1861.           concerning a U.S. person; 
                                     relevancy is presumed if they 
                                     pertain to a foreign power or 
                                     agent of a foreign power, or to 
                                     the activities of a suspected 
                                     agent of a foreign power who is 
                                     the target of the investigation, 
                                     or to an individual in contact 
                                     with or known to a suspected agent 
                                     of a foreign power who is the 
                                     target of the investigation, and 
                                     (B) to include an enumeration of 
                                     minimization procedures, 50 U.S.C. 
                                     1861(b)(2) 
 
                                     Sec.106(c). FISA access orders are 
                                     issued as requested or modified 
                                     upon a finding the application 
                                     complies with statutory 
                                     requirements, and with directions 
                                     to adhere to minimization 
                                     requirements, 50 U.S.C. 1861(c). 
 
                                     Sec.106(d). Orders must contain a 
                                     particularized description of the 
                                     items sought, provide for a 
                                     reasonable time to assemble them, 
                                     notify recipients of nondisclosure 
                                     requirements, and be limited to 
                                     things subject to a grand jury 
                                     subpoena or order of a U.S. court 
                                     for production, 50 U.S.C. 1861(c). 
 
Recipients of section                Sec.106(e). Also permits 
215 FISA orders may not disclose     disclosure to the recipient's 
their existence or content except    attorney, and with FBI approval to 
as necessary for compliance, 50      others; recipients may be required 
U.S.C. 1861(d).                      to notify the FBI of those to whom 
                                     they intend disclose, but may not 
                                     be required to provide 
                                     notification of an intent to seek 
                                     legal assistance , 50 U.S.C. 
                                     1861(d). 
 
                                     Sec.106(f). Authorizes recipients 
                                     to seek FISA court review of a 
                                     FISA tangible item order; the 
                                     assigned judge may dismiss the 
                                     petition as frivolous, deny the 
                                     petition, or modify or rescind the 
                                     order if it does not comply with 
                                     the statute or is otherwise 
                                     unlawful; FISA court decision is 
                                     subject to Review Court review 
                                     and S.Ct. review; authorizes the 
                                     Chief Justice in consultation with 
                                     the Attorney General and Director 
                                     of National Intelligence to 
                                     establish security rules., 50 
                                     U.S.C. 1803(e), 1861(f). 
 
                                     Sec.106(g). Directs the Attorney 
                                     General to promulgate minimization 
                                     standards for the collection and 
                                     dissemination of information 
                                     obtained through the use of FISA 
                                     tangible item orders, 50 U.S.C. 
                                     1861(g). 
 
                                     Requires observance of 
                                     minimization requirements; 
                                     declares that information does not 
                                     lose its privileged status simply 
                                     because it was acquired thru use 
                                     of a tangible item order; limits 
                                     use to law purposes, 50 U.S.C. 
                                     1861(h). 
 
Section 215 requires                 Sec.106(h). Amends the provision 
the Attorney General to fully        to require annual reporting in 
inform the House and Senate          both instances; adds the Senate 
Intelligence Committees of all       Judiciary Committee to the 
requests under the section's         recipients of full reports; 
authority twice a year, and to       requires inclusion of statistical 
provide the Judiciary Committees     information concerning orders for 
with statistical reports on          the production of certain library, 
section's use twice a year,          book store, firearm sales, 
50 U.S.C. 1862.                      medical, tax, and educational 
                                     records to the Judiciary and 
                                     Intelligence Committees, 50 U.S.C. 
                                     1862. 
 
                                     Sec.106A. Provides for DoJ 
                                     Inspector General audit (with 
                                     detailed requirements) to 
                                     determine effectiveness and 
                                     identify any abuse in re use of 
                                     FISA tangible item authority with 
                                     the results to be reported to the 
                                     Intelligence and Judiciary 
                                     Committees. 
 
Federal law permits                  Sec.107(a). Requires the Attorney 
communications providers to          General to report to the Judiciary 
disclose the content of stored       Committees annually on content 
electronic communications with       disclosures under sec. 2702(b)(8). 
authorities in emergencies 
involving a risk of serious injury   Sec.107(b). Removes the immediacy 
and to disclose customer records     requirement from the record 
in emergencies involving an          disclosure provision, 18 U.S.C. 
immediate risk of serious injury,    2702(c)(4), and defines federal 
18 U.S.C. 2702(b)(8), (c)(4).        and state departments and agencies 
                                     as the governmental entities to 
                                     whom record disclosures maybe 
                                     made, 18 U. S.C. 2711(4). 
 
FISA permits                         Sec. 108(a). Makes it clear that 
issuance of a surveillance order     the FISA court must find the 
requires that the target be          prospect of thwart based on 
identified or described, the         specific facts in the application, 
nature and location of the           50 U.S.C. 1805(c)(2)(B). 
facility or place under 
surveillance be identified           No comparable provision. 
(if known), and the 3d parties 
ordered to assist be specifically 
identified (unless the target is 
likely to take steps to thwart       Sec. 108(b). Requires in no case 
their identification)(roving         later than 10 days (with a good 
wiretaps), 50 U.S.C. 1805.           cause showing within 60 days), 
                                     notice, justifying and 
                                     minimization information be given 
                                     the issuing FISA court including 
                                     the number of surveillances 
                                     conducted or planned when the 
                                     execution of a FISA surveillance 
                                     order becomes roving. 
 
                                     Sec.108(c) . Names the Senate 
                                     Judiciary Committee as a recipient 
                                     of FISA reports expanded to 
                                     include information on roving 
                                     surveillance. 
 
FISA requires the                    Sec.109(a). Requires the Attorney 
Attorney General to make full        General to make full reports to 
reports concerning FISA search       the Senate Judiciary Committee as 
authority to the House and Senate    well and to transmit to the House 
intelligence committees and          Judiciary Committee the 
statistical reports to the House     statistical information relating 
and Senate Judiciary Committees,     to the use FISA emergency search 
50 U.S.C. 1826                       authority, proposed 50 
                                     U.S.C. 1826. 
 
FISA requires the                    Sec.109(b). Requires the Attorney 
Attorney General to make             General to include statistical 
statistical reports to the House     information relating to the use of 
and Senate Judiciary Committees on   FISA emergency pen register/trap & 
the use of FISA pen register/trap    trace device authority, proposed 
& trace device authority,            50 U.S.C. 1846. 
50 U.S.C. 1846 
 
                                     Sec.109(c). Directs the Department 
                                     of Homeland Security to report 
                                     twice a year to the Judiciary 
                                     Committees on the internal affairs 
                                     operations of the Citizenship and 
                                     Immigration Services. 
 
FISA is silent as to                 Sec.109(d). Authorizes the FISA 
the rule making authority of the     courts to establish rules and 
FISA courts, 50 U.S.C. 1801          procedures for administration of 
et seq.                              the Act, and to transmit them in 
                                     unclassified form (possibly with a 
                                     classified annex) to the judges of 
                                     the FISA courts, the Chief Justice 
                                     and the House and Senate Judiciary 
                                     and Intelligence Committees, 
                                     proposed 50 U.S.C. 1803(f). 
 
One federal statute                  Sec.110. Merges sections 1992 and 
outlaws train wrecking; 18 U.S.C.    1993 into anew section 1992; 
1992; another outlaws attacks on     provides uniform penalty and 
mass transit, 18 U.S.C. 1993. …