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
American Law Division
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. …