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)

Congressional research reportFeb 17, 2006

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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)

Updated February 17, 2006

Brian T. Yeh

Legislative Attorney

American Law Division

Charles Doyle

Senior Specialist

American Law Division

Congressional Research Service ˜ The Library of Congress

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)

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). P.L. 109-160 (S. 2167) postponed the expiration dates of those

provisions and of section 6001 of the Intelligence Reform and Terrorism Prevention

Act of 2004 (“lone wolf” amendment) until February 3, 2006, 119 Stat. 2957(2005);

P.L. 109-170 (H.R. 4659) further extended sunset until March 10, 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, secret service,

combating terrorism financing, and methamphetamine abuse. The House passed the

conference bill on December 14, 2005, 151 Cong.Rec. H11543-544. S. 2271 amends

the conference bill.

This report may be revised as circumstances warrant. Related CRS reports

include CRS Report RS22348, USA PATRIOT Improvement and Reauthorization Act

of 2005 (H.R. 3199): A Brief Look; and CRS Report RL33239, USA PATRIOT

Improvement and Reauthorization Act of 2005 (H.R. 3199): Side-by-Side Analysis

of the Conference Bill, both by Brian T. Yeh and Charles Doyle.

Contents

USA PATRIOT Act Reauthorization and Related Matters . . . . . . . . . . . . . . 2

Terrorism Death Penalty Enhancement . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

Reducing Crime and Terrorism at America’s Seaports . . . . . . . . . . . . . . . . 15

Combating Terrorism Financing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

Miscellaneous Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

Secret Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

Combat Methamphetamine Epidemic Act of 2005 . . . . . . . . . . . . . . . . . . . 28

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)

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, 151 Cong.Rec. H11543-544. On

December 22, 2005, the House and Senate enacted 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, P.L. 109-160, 119 Stat. 2957

(2005); the expiration was subsequently further extended to March 10, 2006, P.L.

109-170, 120 Stat. 3 (2006). S. 2271 amends the conference bill.

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 which the Senate sent to

conference. S. 2271’s amendments to the conference bill are noted in the comments

column.

CRS-2

USA PATRIOT Act Reauthorizations and 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 and Terrorism

Prevention Reauthorization Act of

2005

H.R. 3199 (Senate Passed(S. 1389))

USA PATRIOT Improvement and

Reauthorization Act of 2005

USA PATRIOT Act Reauthorization and Related Matters

Under Section 224 of the USA PATRIOT

Act, 18 U.S.C. 2510 note, the following

sections of the Act expire on 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

Sec. 206 (roving FISA wiretaps)

Sec. 207 (duration of FISA orders)

Sec. 209 (access to stored voice mail)

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 business

records)

Sec. 217 (computer trespasser

communications)

Sec. 218 (the wall)

Sec. 220 (nation-wide service of ISP

orders)

Sec. 223 (sanctions)

Sec. 225 (FISA helper immunity)

Sec. 102(a). (a) Repeals section 224 of

the USA PATRIOT Act (except as noted

below all expiring sections made

permanent).

Sec. 9(a). (a) Repeals section 224(a) of

the USA PATRIOT Act (except as noted

below all expiring sections made

permanent).

Sec. 102(b). Postpones expiration of sec.

206 until December 31, 2009.

Sec. 9(a).Postpones expiration of sec.

206 until December 31, 2009.

Sec.102(b). Postpones expiration of sec.

215 until December 31, 2009.

Sec.9(a). Postpones expiration of sec.

215 until December 31, 2009.

Section 6001 of the Intelligence Reform

and Terrorism Prevention Act (IRTPA),

amends the FISA definition of “agents of

Sec.103. Postpones expiration of sec.

6601until December 31, 2009.

Sec.9(b). Postpones expiration of sec.

6601until December 31, 2009.

Comments

CRS-3

Present law

H.R. 3199 (Conference Report)

USA PATRIOT and Terrorism

Prevention Reauthorization Act of

2005

H.R. 3199 (Senate Passed(S. 1389))

USA PATRIOT Improvement and

Reauthorization Act of 2005

USA PATRIOT Act Reauthorization and Related Matters

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 law relating to 18

U.S.C. 2339B (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.

Sec.104. Makes sec. 6603 permanent.

Sec.9(c). Makes sec. 6603 permanent.

Section 207 of the USA PATRIOT Act

extends the life time of FISA surveillance

and search orders and extensions relating

to non U.S. persons who are agents of

foreign powers by virtue of their

employment by foreign powers or their

membership in an international terrorist

group, 50 U.S.C. 1805(e), 1824(d).

Sec.105. Extends the tenure of FISA

surveillance and search orders to any

agents of a foreign power who are not

U.S. persons (e.g. lone wolf terrorists),

50 U.S.C. 1805(e), 1824(d).

Extends the life time of FISA pen

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).

Sec.3. Comparable provisions.

FISA orders for access to tangible items

have no explicit exception for library,

bookstore, or any other particular

business record, 50 U.S.C. 1861.

Sec.106(a). Orders for the production of

certain library, bookstore, firearm sales,

tax return, educational or medical records

must be approved by the FBI Director or

Deputy Director or Executive Assistant

Director, 50 U.S.C. 1861(a)((3).

Sec.7(c). Orders for the production of

certain library, bookstore, firearm sales,

or medical records must be approved by

the FBI Director or Deputy Director, 50

U.S.C. 1861(a)((3).

Section 215 of the USA PATRIOT Act

authorizes FISA orders for the production

of tangible items for investigations to

Sec.106(b). Requires applications (A) to

demonstrate reasonable grounds to

believe the tangible things sought are

Sec.7(a). Requires applications to

demonstrate reasonable grounds to

believe the information sought pertains

Comments

CRS-4

Present law

H.R. 3199 (Conference Report)

USA PATRIOT and Terrorism

Prevention Reauthorization Act of

2005

H.R. 3199 (Senate Passed(S. 1389))

USA PATRIOT Improvement and

Reauthorization Act of 2005

Comments

USA PATRIOT Act Reauthorization and Related Matters

obtain foreign intelligence information

and to protect against international

terrorism and espionage, 50 U.S.C. 1861.

Recipients of section 215 FISA orders

may not disclose their existence or

content except as necessary for

compliance, 50 U.S.C. 1861(d).

relevant to an investigation to protect

against intern’l terrorism or spying or to

obtain for.intell.info. not 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)

to, or is relevant to the activities of, a

foreign power or agent of a foreign

power, or pertains to an individual in

contact with or known to a suspected

agent of a foreign power, 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.7(a)(2). Comparable provision but

without the reference to minimization

standards, 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).

Sec.7(b). 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, 50 U.S.C. 1861(c).

Sec.106(e). Also permits disclosure to

the recipient’s attorney, and with FBI

approval to others, 50 U.S.C. 1961(1);

recipients may be required 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)(2).

Sec.7(d). Also permits disclosure to the

recipient’s attorney, and with FBI

approval to others, 50 U.S.C. 1861(d).

Sec.4(a) (S. 2271). Replaces sec. 106(d)

(2) of the conference bill with a provision

that requires the recipient, upon the FBI’s

request, to notify the FBI of those to

whom disclosure has been or is to be

made, but requiring no notification of

disclosure or anticipated disclosure to the

recipient’s attorney, 50 U.S.C. 1861(d)

CRS-5

Present law

H.R. 3199 (Conference Report)

USA PATRIOT and Terrorism

Prevention Reauthorization Act of

2005

H.R. 3199 (Senate Passed(S. 1389))

USA PATRIOT Improvement and

Reauthorization Act of 2005

Comments

USA PATRIOT Act Reauthorization and Related Matters

(2).

Section 215 requires the Attorney

General to fully inform the House and

Senate Intelligence Committees of all

requests under the section’s authority

twice a year, and to provide the Judiciary

Committees with statistical reports on

section’s use twice a year, 50 U.S.C.

1862.

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.7(e), (b).Authorizes recipients to

seek FISA court review of a FISA

tangible item order; unlawful orders or

gag orders and orders requiring

production that could be quashed in the

case of a grand jury subpoena

(unreasonable, oppressive, or privileged)

may be modified or set aside; 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. 1861(f), (b)(2)(D).

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).

No comparable provision.

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).

No comparable provision.

Sec.106(h). Amends the provision to

require annual reporting in both

instances; adds the Senate Judiciary

Committee to the recipients of full

reports; requires inclusion of statistical

information concerning orders for the

production of certain library, book store,

firearm sales, medical, tax, and

educational records to the Judiciary and

Sec.7(f). Amends the provision to require

annual reporting in both instances; adds

the Judiciary Committees to the list of

recipients of full reports; requires

inclusion of statistical information

concerning orders for the production of

certain library, book store, firearm sales,

medical, and tax records with the

statistical report to Congress and the

Sec.3 (S. 2271). Adds to sec. 106(f) of

the conference bill authority for

recipients to annually petition the FISA

court to quash or modify the gag order

(after the 1st year of issuance); the court

may do so if the judge finds no reason to

believe disclosure may endanger national

security, interfere with an investigation

or diplomatic relations or endanger an

individual; DoJ certification of such

adverse impact is conclusive in the

absence of bad faith, 50 U.S.C. 1861(f).

CRS-6

Present law

H.R. 3199 (Conference Report)

USA PATRIOT and Terrorism

Prevention Reauthorization Act of

2005

H.R. 3199 (Senate Passed(S. 1389))

USA PATRIOT Improvement and

Reauthorization Act of 2005

USA PATRIOT Act Reauthorization and Related Matters

Federal law permits communications

providers to disclose the content of stored

electronic communications with

authorities in emergencies involving a

risk of serious injury and to disclose

customer records in emergencies

involving an immediate risk of serious

injury, 18 U.S.C. 2702(b)(8), (c)(4).

FISA permits issuance of a surveillance

order requires that the target be

identified or described, the nature and

location of the facility or place under

surveillance be identified (if known), and

the 3d parties ordered to assist be

specifically identified (unless the target is

likely to take steps to thwart their

identification)(roving wiretaps), 50

U.S.C. 1805.

Intelligence Committees, 50 U.S.C. 1862.

Administrative of U.S. Courts, 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.

No comparable provision.

Sec.107(a). Requires the Attorney

General to report to the Judiciary

Committees annually on content

disclosures under sec. 2702(b)(8).

Sec.4(a). Comparable provision.

Sec.107(b). Removes the immediacy

requirement from the record disclosure

provision, 18 U.S.C. 2702(c)(4), and

defines federal and state departments and

agencies as the governmental entities to

whom record disclosures may be made,

18 U.S.C. 2711(4).

Sec.4(b). Comparable provision.

Sec. 108(a). Makes it clear that the FISA

court must find the prospect of thwart

based on specific facts in the application,

50 U.S.C. 1805(c)(2)(B).

No comparable provision.

Sec.2(a). Requires that the target be

described with particularity if his identity

and the nature and location of facilities or

places to be under surveillance are

unknown, 50 U.S.C. 1805(c)(1)(A).

Comments

CRS-7

Present law

H.R. 3199 (Conference Report)

USA PATRIOT and Terrorism

Prevention Reauthorization Act of

2005

H.R. 3199 (Senate Passed(S. 1389))

USA PATRIOT Improvement and

Reauthorization Act of 2005

USA PATRIOT Act Reauthorization and Related Matters

Sec. 108(b). Requires in no case later

than 10 days (with a good 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.2(b). Requires within 10 days

additional notice, justifying and

minimization information be given to the

issuing FISA court 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.

Sec.2(c). Names Judiciary Committees as

recipients of FISA reports expanded to

include information on roving

surveillance.

Sec.109(a). Requires the Attorney

General to make full reports to the Senate

Judiciary Committee as well and to

transmit to the House Judiciary

Committee the statistical information

relating to the use FISA emergency

search authority, proposed 50 U.S.C.

1826.

Sec.10(b)(2). Requires the Attorney

General to make full reports to the House

and Senate Judiciary Committees as well

and to include statistical information

relating to the use FISA emergency

search authority, proposed 50 U.S.C.

1826.

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.

No comparable provision.

FISA is silent as to the rule making

authority of the FISA courts, 50 U.S.C.

1801 et seq.

Sec.109(d). Authorizes the FISA courts

to establish rules and procedures for

administration of 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).

Sec.10(a). Comparable provision.

One federal statute outlaws train

Sec.110. Merges sections 1992 and 1993

No comparable provision.

FISA requires the Attorney General to

make full reports concerning FISA search

authority to the House and Senate

intelligence committees and statistical

reports to the House and Senate Judiciary

Committees, 50 U.S.C. 1826.

Comments

CRS-8

Present law

H.R. 3199 (Conference Report)

USA PATRIOT and Terrorism

Prevention Reauthorization Act of

2005

H.R. 3199 (Senate Passed(S. 1389))

USA PATRIOT Improvement and

Reauthorization Act of 2005

USA PATRIOT Act Reauthorization and Related Matters

wrecking; 18 U.S.C. 1992; another

outlaws attacks on mass transit, 18

U.S.C. 1993.

into a new section 1992; provides

uniform penalty and jurisdictional

standards; increases the penalties for

aggravated offenses to imprisonment for

any term of years or for life and where

death results to imprisonment for life or

death, 18 U.S.C. 1992.

Federal law permits U.S. confiscation of

property within U.S. jurisdiction derived

from certain drug offenses committed in

violation of foreign law, 18 U.S.C.

981(a)(1)(B); it also permits U.S.

confiscation of property associated with

certain terrorist offenses, 18 U.S.C.

981(a)(1) (G).

Sec.111. Authorizes the confiscation of

property within U.S. jurisdiction

constituting the proceeds from or used to

facilitate the commission of any offense

which involves “trafficking in nuclear,

chemical, biological, or radiological

weapons technology or material” and

which is punishable under foreign law by

death or imprisonment for a term

exceeding one year or would be so

punishable if committed within U.S

jurisdiction, amending 18 U.S.C. 981(a)

(1)(B)(i).

No comparable provision.

Crimes designated as federal crimes of

terrorism (18 U.S.C. 2332b(g)(5)) trigger

the application of other federal laws, e.g.,

18 U.S.C. 1961(1)(g)(RICO predicates),

3142 (bail), 3286 (statute of limitations),

3583 (supervised release).

Sec.112. Adds 18 U.S.C. 2339D (relating

to military-type training from a foreign

terrorist organization) and 18 U.S.C. 832

(relating to nuclear and weapons of mass

destruction threats) to the list of federal

crimes of terrorism, 18 U.S.C. 2332b(g)

(5)(B)(i).

No comparable provision.

Federal law authorizes judicially

supervised law enforcement interception

of wire, oral or electronic

communications (wiretapping) in the

investigation of certain crimes (predicate

offenses), 18 U.S.C. 2516(1).

Sec.113. Adds the following offenses to

the wiretapping predicate offense list: 18

U.S.C. 37(violence at international

airports), 81 (arson), 175b (biological

agents), 832 (nuclear and weapons of

mass destruction threats), 930

(possession of weapons in federal

facilities), 956 (conspiracy to commit

violence overseas), 1028A (aggravated

No comparable provision.

Comments

CRS-9

Present law

H.R. 3199 (Conference Report)

USA PATRIOT and Terrorism

Prevention Reauthorization Act of

2005

H.R. 3199 (Senate Passed(S. 1389))

USA PATRIOT Improvement and

Reauthorization Act of 2005

USA PATRIOT Act Reauthorization and Related Matters

identify theft); 1114 (killing federal

employees), 1116 (killing certain foreign

officials), 1992 (attacks on mass transit),

2155-2156 (national defense property

offenses), 2280 (violence against

maritime navigation), 2281 (violence

against fixed maritime platforms), 2340A

(torture), 1028A (aggravated identity

theft), 2339 (harboring terrorists), and

2339D (terrorist military training); 15

U.S.C. 1, 2, 3 (Sherman Act anti-trust

violations); 31 U.S.C. 5324 (smurfing);

49 U.S.C. 46504 (assault of a flight crew

member with a dangerous weapon),

46503(b)(3),(c)(explosives abroad an

aircraft), 18 U.S.C. 2516.

Federal law authorizes delayed

notification of the execution of a sneak

and peek search warrant for a reasonable

period of time (with the possibility of

extensions) when disclosure may result in

flight, destruction of evidence,

intimidation of a witness, danger to an

individual, serious jeopardy to an

investigation, or undue trial delay, 18

U.S.C. 3103a.

Sec.114. Permits delays of no more than

30 days (or a later date certain if the facts

justify) with 90 days extensions (or

longer if the facts justify).

Sec. 5. Permits delays of no more than 7

days (or date certain if the facts justify)

with 90 days extensions as the facts

justify).

Eliminates trial delay as a justification.

Comparable provision.

Requires detailed annual, public reports

thru the Administrative Office of U.S.

Courts on use of the authority, 18 U.S.C.

3103a.

Comparable provision.

Comments

CRS-10

Present law

H.R. 3199 (Conference Report)

USA PATRIOT and Terrorism

Prevention Reauthorization Act of

2005

H.R. 3199 (Senate Passed(S. 1389))

USA PATRIOT Improvement and

Reauthorization Act of 2005

Comments

USA PATRIOT Act Reauthorization and Related Matters

Judicial review and enforcement of

National Security Letters (NSL):

18 U.S.C. 2709(b): No comparable

provisions

15 U.S.C. 1681v: No comparable

provisions

15 U.S.C. 1681u: FBI may seek

information through an ex parte court

order

12 U.S.C. 3414(a)(5): No comparable

provisions

50 U.S.C.436:No comparable

provisions.

Nondisclosure provisions:

18 U.S.C. 2709: general prohibition

against disclosure; no explicit exceptions,

penalties for violation, or provisions for

termination

15 U.S.C. 1681v: general prohibition

against disclosure; no explicit exceptions,

Sec.115. Authorizes judicial enforcement

of NSLs; the court may quash or modify

a request if compliance would be

unreasonable, oppressive or otherwise

unlawful, 28 U.S.C. 3511(a).

Sec.8(a), (c). Amends 18 U.S.C. 2709 to

permit judicial enforcement in U.S.

district court of orders under that section;

the court may quash or modify a request

if compliance would be unreasonable or

oppressive or violate any constitutional

or other legal right or privilege, 18

U.S.C. 2709((a)(2).

Sec.115. Recipients may petition to have

nondisclosure orders lifted or modified

once a year and petitions may be granted

upon a finding there is no reason to

believe disclosure may endanger national

security, or interfere with an

investigation or diplomatic relations, or

endanger a life. Good faith certification

of such danger by senior agency officials

is conclusive, 28 U.S.C. 3511(b).

Sec.8(b). Recipients may petition to have

nondisclosure orders lifted or modified at

any time and petitions may be granted

upon a finding there is no reason to

believe disclosure may endanger national

security, or interfere with an

investigation or diplomatic relations, or

endanger a life. Good faith governmental

certification of a danger of national

security or interference with diplomatic

relations is conclusive, 18 U.S.C.

2709(c)(4).

Sec.115 Disobedience of the U.S. district

court’s order to respond to NSL is

punishable as contempt, 28 U.S.C.

3511(c).

No comparable provision.

Sec.115. Proceedings are closed (except

contempt proceedings) and government

may request that its evidence be

considered ex parte and in camera, 28

U.S.C. 3511(d),(e).

Sec. (d). Classified Information

Procedure Act provisions apply, 18

U.S.C. 2709((b),(c).

Sec.116. Amends the NSL statutes to

provide for nondisclosure orders when

the investigative agency determines that

the disclosure may endanger any

individual or national security, or

interfere with diplomatic relations or a

criminal or intelligence investigation.

No comparable provision.

Sec.8. Amends 18 U.S.C. 2709 to permit

disclosure to: those necessary for

compliance; an attorney for legal advice.

No comparable provision.

Sec.4(b)-(e) (S. 2271). Amends the

conference bill to add language to each

NSL statute requiring recipients to notify

the authority issuing the letter and

identify the individuals to whom they

have disclosed or will disclose the

request, but expressly providing that they

CRS-11

Present law

H.R. 3199 (Conference Report)

USA PATRIOT and Terrorism

Prevention Reauthorization Act of

2005

H.R. 3199 (Senate Passed(S. 1389))

USA PATRIOT Improvement and

Reauthorization Act of 2005

Comments

USA PATRIOT Act Reauthorization and Related Matters

penalties for violation, or provisions for

termination

15 U.S.C. 1681u: general prohibition

against disclosure; no explicit exceptions,

penalties for violation, or provisions for

termination

12 U.S.C. 3414(a)(5): general ban on

disclosure; no explicit exceptions,

penalties for violation, or provisions for

termination

50 U.S.C. 436(b): general ban on

disclosure; no explicit exceptions,

penalties for violation, or provisions for

termination.

Reports to Congress:

18 U.S.C. 2709(e): Requires FBI reports

to the Intelligence and Judiciary

Committees every six months

15 U.S.C. 1681v:No comparable

provisions

15 U.S.C. 1681u(h): Requires FBI

reports to the Intelligence and banking

Committees every six months

12 U.S.C. 3414(a)(5): No comparable

Amends the NSL statutes to permit

disclosure to: those necessary for

compliance; an attorney for legal advice.

Permits a requirement that recipients

advise government authorities of any

anticipated disclosure but recipients may

not be required to provide notification of

an intent to seek legal advice.

are not required to identify their

attorneys.

Sec.117. Violations of the nondisclosure

requirements are punishable by

imprisonment for not more than 1 year

(imprisonment for not more than 5 years

if committed with an intent to obstruct),

18 U.S.C. 1510(e).

No comparable provision.

Sec.118. Requires that any reports to a

Congressional committee on NSLs shall

also be provided to the Judiciary

Committees.

Requires detailed reports on use of the

authority to the Judiciary Committees

and certain other jurisdictional

committees.

No comparable provision.

Sec.5. (S. 2271). Amends the

communications NSL statute to make it

clear that libraries that provide computer

walk up service are not to be considered

communications providers for purposes

of the NSL statute, 18U.S.C. 2709(f).

CRS-12

Present law

H.R. 3199 (Conference Report)

USA PATRIOT and Terrorism

Prevention Reauthorization Act of

2005

H.R. 3199 (Senate Passed(S. 1389))

USA PATRIOT Improvement and

Reauthorization Act of 2005

USA PATRIOT Act Reauthorization and Related Matters

provisions

50 U.S.C. 436: No comparable

provisions

Sec.119. Directs the DoJ Inspector

General to conducted a detailed audit of

effectiveness and any abuse of the NSLs

authority; calls for the submission to

Congress of proposed minimization

procedures to ensure the protection of

constitutional rights.

Federal law (18 U.S.C. 981(a)(1)(G))

authorizes the confiscation of property

derived from or used to facilitate

international or domestic terrorism as

defined in 18 U.S.C. 2331 (which defines

terrorism generically: acts dangerous to

human life in violation of state or federal

criminal law); an alternative definition,

federal crimes of terrorism, lists specific

federal crimes that qualify for the

definition, 18 U.S.C. 2332b(g)(5) (B).

Sec.120. Changes the cross reference in

the confiscation provision from section

2331 defined international or domestic

terrorism to international or domestic

terrorism (as defined in 2332b(g)(5)(B)).

Federal law prohibits trafficking in

contraband cigarettes (i.e., more than

60,000 cigarettes without tax stamps), 18

U.S.C. 2341-2346.

Sec.121. Lowers the threshold to 10,000

cigarettes or 500 cans or packages of

smokeless tobacco; and creates a federal

cause of action against violators (other

than Indian tribes or Indians in Indian

country) for manufacturers, exporters,

and state and local authorities.

Federal law prohibits drug trafficking, 21

U.S.C. 841-971; and providing material

support for terrorists or designated

terrorist organizations, 18 U.S.C. 2339A,

2339B.

Sec.122. Makes it a federal crime to

engage in drug trafficking for the benefit

of a foreign terrorist organization or of a

person planning or committing a terrorist

offense (punishable by imprisonment for

less than twice the term otherwise

authorized nor more than life), 21 U.S.C.

960A.

No comparable provision.

Comments

CRS-13

Present law

H.R. 3199 (Conference Report)

USA PATRIOT and Terrorism

Prevention Reauthorization Act of

2005

H.R. 3199 (Senate Passed(S. 1389))

USA PATRIOT Improvement and

Reauthorization Act of 2005

USA PATRIOT Act Reauthorization and Related Matters

Destruction of aircraft or their facilities is

a federal crime, 18 U.S.C. 32.

Sec.123. Amends sec. 32 to outlaw

interfering with or disabling a pilot or air

navigation facility operator with intent to

endanger or with regardless disregard for

human safety.

FISA provisions preclude the exercise

of authority in an investigation based

solely upon the exercise of 1st

Amendment protected rights, e.g., 50

U.S.C. 1805(a)(3).

Sec.124. Pronounces the sense of

Congress that federal criminal

investigations should not be premised

solely upon a citizen’s engaging in lawful

political activity or membership in a nonviolent political organization.

Sec.125. Establishes immunity from civil

liability (other than gross negligence or

intentional misconduct) for anyone who

donates fire equipment to a volunteer fire

company, other than a fire equipment

manufacturer or some one who has

modified or altered the equipment after

recertification.

The Privacy Act regulates the

government’s management of its

individually identifying system of

records, 5 U.S.C. 552a.

Sec.126. Instructs the Attorney General

to report to Congress on the data-mining

activities conducted by the various

federal agencies and departments.

Property related to certain federal crimes

is subject to confiscation by the U.S.,

e.g., 18 U.S.C. 981.

Sec.127. Expresses the sense of Congress

that the victims of terrorist attacks should

have access to the assets forfeited.

USA PATRIOT Act expands FISA pen

communications, 50 U.S.C. 1842, 1843.

FISA requires full reports on use of FISA

pen register authority to congressional

intelligence committees twice a year, 50

U.S.C. 1846(a).

Sec.128. Upon applicant request, requires

providers to supply available customer

information relating to communications

subject to FISA pen register orders, 50

U.S.C. 1842(d)(2)(C).

Requires full reports to congressional

judiciary committees twice a year as

well, 50 U.S.C. 1846(a).

No comparable provision.

Sec. 6. Comparable provision

Comments

CRS-14

Present law

H.R. 3199 (Conference Report)

USA PATRIOT and Terrorism

Prevention Reauthorization Act of

2005

H.R. 3199 (Senate Passed(S. 1389))

USA PATRIOT Improvement and

Reauthorization Act of 2005

Terrorism Death Penalty Enhancement

In 1974, Congress enacted air piracy

legislation with death penalty procedures

designed overcome the Eighth

Amendment limitations that made other

federal capital punishment provisions

unenforceable; in 1994 when Congress

enacted legislation to revive capital

punishment as a sentencing option in

federal capital cases generally it did not

expressly indicate whether the 1994

procedures were to apply to the cases that

theretofore fall under the 1974

legislation.

Sec.211. Makes the 1994 procedures

applicable to post 1974, pre-1994 air

piracy murder cases.

Existing law authorizes imposition of a

supervisory release term of any term of

years or for life in the case of conviction

for a federal crime of terrorism, if offense

involved a risk of serious bodily injury,

18 U.S.C. 3583(j).

Sec.212. Authorizes supervised release

for any term of years or for life in cases

of federal crimes of terrorism, regardless

of whether the offense involved a risk of

serious injury.

Congress authorized imposition of the

death penalty in certain drug king-pin

cases in 1988, 21 U.S.C. 848; in 1994 it

established general procedures for federal

capital cases which differ slightly from

the drug provisions, 18 U.S.C. 35913598; subsection 848(q) provides

assistance of counsel for indigent death

row habeas petitioners.

Sec.221, 222. Repeals the drug king-pin

capital procedures of 21 U.S.C. 848;

transfers the provisions for counsel for

indigent death row habeas petitioners to

title 18, 18 U.S.C. 3599.

No comparable provision.

Comments

CRS-15

Present law

H.R. 3199 (Conference Report)

USA PATRIOT and Terrorism

Prevention Reauthorization Act of

2005

H.R. 3199 (Senate Passed(S. 1389))

USA PATRIOT Improvement and

Reauthorization Act of 2005

Reducing Crime and Terrorism at America’s Seaports

Federal law outlaws the use of false

pretenses to gain entry to the secured

areas in an airport; violations are

punishable by imprisonment for not more

than 5 years committed with the intent to

commit a felony, 18 U.S.C. 1036.

Sec.302. Makes the section applicable to

gaining entry to a seaport by false

pretenses; increases the maximum

penalty for false entry to imprisonment

for not more than 10 years; provides a

new definition of seaport (18 U.S.C. 26).

Various federal laws prohibit the failure

to heave to or otherwise obstruct

maritime inspection under various

circumstances, e.g., 16 U.S.C. 2435,

2438 (enforcement of the Antarctic

Marine Living Resources Convention),

5505, 5508 (high seas fishing

compliance).

Sec.303. Outlaws failure to heave to or

obstructing an authorized federal law

enforcement officer; violations are

punishable by imprisonment for not more

than 5 years and/or a fine of not more

than $250,000, 18 U.S.C. 2237.

Existing federal law proscribes violence

against maritime navigation, 18 U.S.C.

2280, burning or bombing vessels, 2275,

or destruction of property within U.S.

special maritime jurisdiction, 1363.

Sec.304. Establishes a new criminal

offense prohibiting placing a dangerous

device or substance in U.S. waters likely

to destroy or damage ships or interfere

with maritime commerce; violations are

punishable by imprisonment for any term

of years or life and/or a fine of not more

than $250,000, proposed 18 U.S.C.

2282A.

Creates a second criminal provision

outlawing violence against aids to

maritime navigation maintained by the

Coast Guard and St. Lawrence Seaway

Development Corp. proposed 18 U.S.C.

2282B.

No comparable provision.

Comments

CRS-16

Present law

H.R. 3199 (Conference Report)

USA PATRIOT and Terrorism

Prevention Reauthorization Act of

2005

H.R. 3199 (Senate Passed(S. 1389))

USA PATRIOT Improvement and

Reauthorization Act of 2005

Reducing Crime and Terrorism at America’s Seaports

Federal law outlaws possession of

biological agents, chemical weapons,

atomic weapons, nuclear material, each

punishable by imprisonment for any term

of years or for life, 18 U.S.C. 175, 229,

831; 42 U.S.C. 2272; aiding or abetting

the commission of a federal crime of

terrorism which carries the same

punishment as the underlying offense, 18

U.S.C. 2; and harboring a terrorist, 18

U.S.C. 2339 (punishable by

imprisonment for not more than 10

years).

Sec.305. Creates two new federal crimes,

18 U.S.C. 2283 (transporting explosive,

biological, chemical, or radioactive or

nuclear material aboard a vessel

believing they will be used to commit a

federal crime of terrorism) and 18 U.S.C.

2284 (transporting a terrorist aboard a

vessel believing the terrorist intends to

commit or is fleeing following the

commission of a federal crime of

terrorism); both offenses are punishable

by imprisonment for any term of years or

for life; the death penalty may be

imposed for a violation of 18 U.S.C.

2283 if death results.

No comparable provision.

Comments

CRS-17

Present law

H.R. 3199 (Conference Report)

USA PATRIOT and Terrorism

Prevention Reauthorization Act of

2005

H.R. 3199 (Senate Passed(S. 1389))

USA PATRIOT Improvement and

Reauthorization Act of 2005

Reducing Crime and Terrorism at America’s Seaports

18 U.S.C. ch. 111 outlaws damage or

destruction of vessels and maritime

facilities, e.g., 18 U.S.C. 2280 (violence

against maritime navigation), 2275

(burning or bombing vessels); other

federal statutes supply parallel coverage

under some circumstances, e.g., 18

U.S.C. 1363(damage or destruction of

property within U.S. special maritime

jurisdiction), 81(arson within U.S. special

maritime jurisdiction), 844(i)(burning or

bombing property used in interstate or

foreign commerce); hoaxes relating to

violations of ch. 111 are punishable by

imprisonment for not more than 5 years

(not more than 20 years if serious injury

results and if death results, by

imprisonment for any term of years or for

life or by death), 18 U.S.C. 1038.

Sec.306. Establishes a new chapter 111A

in title 18 relating to the destruction of, or

interference with, vessels or maritime

facilities which among other things:

makes violence — committed, attempted

or conspired — against vessels or their

facilities punishable by imprisonment for

not more than 20 years (by imprisonment

for any term of years or life if the offense

involves a vessel carrying high level

radioactive waste or spent nuclear fuel; if

death results, by imprisonment for any

term of years or for life or by death); and

makes threats to do so punishable by

imprisonment for not more than 5 years,

proposed 18 U.S.C. 2291; makes related

hoaxes punishable by a civil fine of not

more than $5000 or imprisonment for not

more than 5 years, proposed 18 U.S.C.

2292; establishes U.S. jurisdiction over

offenses committed overseas when the

offender, victim, or vessel is an

American, proposed 18 U.S.C. 2290.

Federal law prohibits theft from interstate

or foreign shipment; violations are

punishable by imprisonment for not more

than 10 years (not more 1 year if the

value of the stolen property is $1000 or

less), 18 U.S.C. 659.

Sec.307(a). Increases the penalty from

not more than 1 year to not more than 3

years if the value of the stolen property is

$1000 or less; makes clear that theft from

trailers, cargo containers, freight stations,

and warehouses are covered; makes clear

that the theft of goods awaiting

transshipment is also covered.

No comparable provision.

Comments

CRS-18

Present law

H.R. 3199 (Conference Report)

USA PATRIOT and Terrorism

Prevention Reauthorization Act of

2005

H.R. 3199 (Senate Passed(S. 1389))

USA PATRIOT Improvement and

Reauthorization Act of 2005

Reducing Crime and Terrorism at America’s Seaports

Interstate or foreign transportation of a

stolen vehicle or aircraft is punishable by

imprisonment for not more than 10 years,

18 U.S.C. 2312; receipt of a stolen

vehicle or aircraft that has been

transported in interstate or foreign

commerce carries the same penalty, 18

U.S.C. 2313.

Sec.307(b)-(e). Expands the coverage of

the federal law to cover the interstate or

foreign transportation of a stolen vessel

and receipt of a stolen vessel that has

been transported in interstate or overseas.

Instructs the U.S. Sentencing

Commission to review the sentencing

guidelines applicable to violations of 18

U.S.C. 659 and 18 U.S.C. 2311.

Directs the Attorney General to see to the

inclusion of cargo thefts included in the

Uniform Crime Reporting System and to

report to Congress annually on law

enforcement activities relating to theft

from interstate or foreign shipments in

violation of 18 U.S.C. 659.

Stowaways on a vessel or aircraft are

punishable by imprisonment for not more

than 1 year, 18 U.S.C. 2199.

Sec.308. Increases the penalty for

stowaways from not more than 1 year to

not more than 5 years; or to not more

than 20 years if the offense is committed

with the intent to inflict serious injury

upon another or if serious injury to

another results; or if death results, to

imprisonment for any term of years or for

life, 18 U.S.C. 2199.

No comparable provision.

Comments

CRS-19

Present law

H.R. 3199 (Conference Report)

USA PATRIOT and Terrorism

Prevention Reauthorization Act of

2005

H.R. 3199 (Senate Passed(S. 1389))

USA PATRIOT Improvement and

Reauthorization Act of 2005

Reducing Crime and Terrorism at America’s Seaports

Bribery of a federal official is punishable

by imprisonment for not more than 15

years, 18 U.S.C. 201; many federal

terrorism crimes carry maximum

penalties of imprisonment for 20 years or

more, e.g., 18 U.S.C. 32 (destruction of

aircraft, 20 years), 81 (arson, 25 years),

2332a (weapons of mass destruction,

life); those who aid or abet their

commission are subject to the same

penalties, 18 U.S.C. 2, as are

coconspirators, United States v.

Pinkerton, 328 U.S. 640 (1946).

Sec.309. Makes it a new federal crime to

bribe any individual (private or public)

with respect to various activities within

any secure or restricted area or seaport —

with the intent to commit international or

domestic terrorism (18 U.S.C. 2331);

violations are punishable by

imprisonment for not more than 15 years,

18 U.S.C. 226.

In general, smuggling is punishable by

imprisonment for not more than 5 years,

18 U.S.C. 545.

Sec.310. Increases the penalty for

violations of section 545 (smuggling)

from imprisonment for not more than 5

years to imprisonment for not more than

20 years.

The penalty for smuggling goods into

foreign countries by the owners,

operators, or crew of a vessel is

imprisonment for not more than 5 years,

18 U.S.C. 546. The same penalty applies

for smuggling goods into the U.S.

generally, 18 U.S.C. 545, although

section 312 above would increase the

maximum to imprisonment for not more

than 20 years. Other federal penalties

apply for smuggling or unlawfully

exporting various specific goods or

materials out of the United States or into

other countries, e.g., bulk cash

smuggling, 21 U.S.C. 953 (controlled

substances), 553 (stolen motor vehicles).

Sec.311(a). Outlaws smuggling goods

out of the U.S. in a new statute

punishable by imprisonment for not more

than 10 years, 18 U.S.C. 554.

No comparable provision.

Comments

CRS-20

Present law

H.R. 3199 (Conference Report)

USA PATRIOT and Terrorism

Prevention Reauthorization Act of

2005

H.R. 3199 (Senate Passed(S. 1389))

USA PATRIOT Improvement and

Reauthorization Act of 2005

Reducing Crime and Terrorism at America’s Seaports

Federal law prohibits laundering using

the proceeds from various predicate

offenses, 18 U.S.C. 1956, 1957; in

addition to other penalties the assets

involved are subject to confiscation, 18

U.S.C. 981(a)(1)(A).

Sec.311(c). Adds the new section, 18

U.S.C. 554, to the money laundering

predicate offense list.

Federal law calls for the confiscation of

goods smuggled into the U.S. and of

conveyances used to smuggle them, 19

U.S.C. 1595a.

Sec.311(d). Calls for the confiscation of

goods smuggled out of the U.S. and of

the property used to facilitate the

smuggling, proposed 19 U.S.C. 1595a(d).

Federal law penalizes removing goods

from the custody of the Customs Service

by imprisonment for not more than 2

years, 18 U.S.C. 549.

Sec.311(e). Increases the penalty for

removing goods from the custody of the

Customs Service from imprisonment for

not more than 2 years to imprisonment

for not more than 10 years.

No comparable provisions.

Comments

CRS-21

Present law

H.R. 3199 (Conference Report)

USA PATRIOT and Terrorism

Prevention Reauthorization Act of

2005

H.R. 3199 (Senate Passed(S. 1389))

USA PATRIOT Improvement and

Reauthorization Act of 2005

Combating Terrorism Financing

Violations of the Emergency Economic

Powers Act which outlaws violations of

presidential orders issued under the Act

including but not limited to those that bar

financial dealings with designated

terrorist and terrorist groups are

punishable by a civil penalty of not more

than $10,000 and by imprisonment for

not more than 10 years, 50 U.S.C. 1705.

Sec.402. Increases the maximum term of

imprisonment to not more than 20 years

and changes the maximum civil penalty

to $50,000, 50 U.S.C. 1705.

Federal law imposes severe penalties (up

to 20 years imprisonment) for acquiring

or operating an enterprise through the

pattern commission of any of a series of

predicate offenses, 18 U.S.C. 1961-1965

(RICO).

Federal law also proscribes laundering

the proceeds of any of a series of

predicate offenses, 18 U.S.C. 1956, 1957.

Confiscation is a consequence of a RICO

or money laundering violation, 18 U.S.C.

1963, 981. The proceeds from such

confiscation are available to

proportionately to the arresting and

prosecuting agencies, 28 U.S.C. 524(c).

Sec.403. Adds 18 U.S.C. 1960 (money

transmitters) to the RICO list and

consequently to the money laundering

predicate offense list.

Amends the money laundering statute to

provide a clear statement of the relative

investigative jurisdiction of various

federal agencies, 18 U.S.C. 1956(e),

1957(e).

No comparable provision.

Comments

CRS-22

Present law

H.R. 3199 (Conference Report)

USA PATRIOT and Terrorism

Prevention Reauthorization Act of

2005

H.R. 3199 (Senate Passed(S. 1389))

USA PATRIOT Improvement and

Reauthorization Act of 2005

Combating Terrorism Financing

The property derived from or used to

facilitate certain terrorist offenses

committed against the U.S. is subject to

confiscation, 18 U.S.C. 981(a)(1)(G).

Sec.404. Authorizes the confiscation of

property located within the U.S. of an

individual or entity planning or

committing an act of international

terrorism against a foreign government or

international organization where an act in

furtherance of the plan or commission

has occurred within the jurisdiction of the

U.S. No nexus is required between the

property and the misconduct other than

ownership by the individual or entity, but

the Constitution may limit the provision’s

reach at least in some instances to

property derived from or used to

facilitate the misconduct, U.S.Const. Art.

III, §3, cl.2, Amend. V.

Federal law prohibits laundering the

proceeds from various predicate offenses,

18 U.S.C. 1956, 1957; in addition to

other penalties the assets involved are

subject to confiscation, 18 U.S.C.

981(a)(1)(A)

Sec.405. Outlaws each of any “dependent

transactions” relating to a money

laundering transaction (and thus subjects

the assets involved to confiscation in

addition to other penalties); defines a

dependent transaction as one that

complements, completes or would not

have occurred but for the proscribed

laundering financial transaction, 18

U.S.C. 1956(a)(1).

In money laundering confiscation cases

involving property owned by a foreign

person, federal law permits the federal

court with jurisdiction over the foreign

property owner to issue a pre-trial

restraining order and appoint a federal

receiver prior to adjudicating the merits

of the confiscation, 18 U.S.C.

1956(b)(2),(3),(4).

Sec. 406(a)(2). Amends subsection

1956(b) apparently to permit pre-trial

restraining orders and federal receivers

regardless of whether the property owner

if foreign or American.

No comparable provision.

Comments

CRS-23

Present law

H.R. 3199 (Conference Report)

USA PATRIOT and Terrorism

Prevention Reauthorization Act of

2005

H.R. 3199 (Senate Passed(S. 1389))

USA PATRIOT Improvement and

Reauthorization Act of 2005

Combating Terrorism Financing

Federal law allows the substitution of

assets held in this country by a foreign

bank with overseas accounts containing

forfeitable assets, 18 U.S.C. 981(k).

Sec. 406(a)(4). Makes it clear that

subsection 981(k) applies to foreign

financial institutions and not just foreign

banks.

In order to avoid either arguable

constitutional infirmity or the more

generous coverage of otherwise

applicable procedures, section 316 of the

USA PATRIOT Act establishes certain

procedural rights relating to property

seized for confiscation as the assets of

international terrorists.

Sec. 406(b). Enacts subsections 316(a),

(b), and (c) as part of title 18, 18 U.S.C.

987.

Federal law prohibits the destruction or

attempted destruction of commercial

motor vehicles or their facilities and

punishes violations by imprisonment for

not more than 20 years, 18 U.S.C. 33; the

general conspiracy statute punishes

conspiracy to the violate the provision by

imprisonment for not more than 5 years,

18 U.S.C. 371.

Sec. 406(c). Amends section 33 so that

conspiracy to violate its provisions carry

the same 20 year maximum penalty as

the underlying violations.

31 U.S.C. 5318(n)(4) (A) contains an

incomplete cross reference.

Sec.407. In 31 U.S.C. 5318(n)(4)(A)

changes National Intelligence Reform

Act of 2004 to National Intelligence

Reform and Terrorism Prevention Act of

2004.

Section 6604 of the Intelligence Reform

and Terrorist Prevention Act contains

typographical errors.

Sec.408. Amends section 6604 to change

2339c(c)(2) to 2339C(c)(2) and 2339c(e)

to 2339C(e).

No comparable provision.

Comments

CRS-24

Present law

H.R. 3199 (Conference Report)

USA PATRIOT and Terrorism

Prevention Reauthorization Act of

2005

H.R. 3199 (Senate Passed(S. 1389))

USA PATRIOT Improvement and

Reauthorization Act of 2005

Combating Terrorism Financing

Federal law prohibits laundering the

proceeds of various predicate offenses,

18 U.S.C. 1956, 1957; in addition to

other penalties the assets involved are

subject to confiscation, 18 U.S.C.

981(a)(1)(A); it also outlaws the receipt

of foreign terrorist military training, 18

U.S.C. 2339D.

Sec.409. Adds receipt of foreign terrorist

military training to the list of money

laundering predicate offenses.

Federal law calls for the confiscation of

property related to various criminal

offenses; in some instances procedure is

civil, in others it is criminal, e.g., 21

U.S.C. 881, 853.

Sec.410. Gives the government the

option of processing civil forfeitures as

part of the criminal proceedings against

the property owner, 28 U.S.C. 2461(c).

No comparable provision.

Comments

CRS-25

Present law

H.R. 3199 (Conference Report)

USA PATRIOT and Terrorism

Prevention Reauthorization Act of

2005

H.R. 3199 (Senate Passed(S. 1389))

USA PATRIOT Improvement and

Reauthorization Act of 2005

Miscellaneous Provisions

United States Attorneys are required to

reside in the district for which they are

appointed as a general rule, 28 U.S.C.

545.

Sec.501. Permits the Attorney General or

his designee to assign U.S. Attorneys to

additional responsibilities exempting

them from the residency requirement, 28

U.S.C. 545.

Existing law permits the Attorney

General to temporarily fill a U.S.

Attorney vacancy, if after 120 days a

permanent replacement has not been

confirmed, the district court is

empowered to name a temporary U.S.

Attorney to serve until one is confirmed,

28 U.S.C. 546.

Sec.502. Eliminates the authority of the

court and allows the temporary U.S.

Attorney to serve until confirmation of a

replacement, 28 U.S.C. 546.

The heads of various federal departments

come within the line of presidential

succession, 3 U.S.C. 19(d)(1).

Sec.503. Adds the Secretary of the

Department of Homeland Security to the

line of presidential succession, 3 U.S.C.

19(d)(1).

The heads of various federal agencies are

subject to nomination and appointment

following advice and consent of the

Senate, U.S. Const. Art.II, §2. cl.2.

Sec.504. Makes the Director of the

Bureau of Alcohol, Tobacco, Firearms,

and Explosives an advice and consent

position, 6 U.S.C. 531(a)(2).

United States Marshals are appointed for

the various federal districts, 28 U.S.C.

561.

Sec.505. Sets minimum statutory

qualifications for U.S. Marshals, 28

U.S.C. 561.

Some DoJ components are creatures of

statute, e.g., 28 U.S.C. 531 (F.B.I.); most

are not.

Sec.506. Creates a National Security

Division headed by a statutory Assistant

Attorney General for National Security

within DoJ, 28 U.S.C. 507A, 506, 509A,

etc.

No comparable provision.

Comments

CRS-26

Present law

H.R. 3199 (Conference Report)

USA PATRIOT and Terrorism

Prevention Reauthorization Act of

2005

H.R. 3199 (Senate Passed(S. 1389))

USA PATRIOT Improvement and

Reauthorization Act of 2005

Miscellaneous Provisions

Existing federal law affords qualified

states an alternative procedures for

capital habeas cases; qualification is

predicated on the level of appointed

counsel provided indigents in capital

cases; no state has yet qualified, 28

U.S.C. 2265.

Sec.507. Permits the Attorney General

rather than the courts to certify

qualification under amended procedures,

28 U.S.C. 2261, 2265.

No comparable provision.

Comments

CRS-27

Present law

H.R. 3199 (Conference Report)

USA PATRIOT and Terrorism

Prevention Reauthorization Act of

2005

H.R. 3199 (Senate Passed(S. 1389))

USA PATRIOT Improvement and

Reauthorization Act of 2005

Secret Service

Federal law prohibits disorderly conduct

on federal property, and trespassing in

places where the persons under Secret

Service protection are visiting or

residing; offenders are punishable by

imprisonment for not more than 6

months, 18 U.S.C. 1752.

Sec.602. Adds interference with “special

security events” to the list of section

1752 offenses; increases the penalty to

imprisonment of not more than 1 year

(not more than 10 years if the offender

uses or carries firearm, deadly or

dangerous weapon), 18 U.S.C. 1752 .

It is a federal crime to possess false

government credentials, identification

documents, or passes; the offense is

punishable bv imprisonment for not more

than 1 year (for not more than 20 years if

the offense is committed in connection

with a crime of violence or a drug

offenses; for not more than 30 years if

committed in furtherance of act of

domestic or international terrorism), 18

U.S.C. 1028.

Sec.603. Outlaws possession of

identification, credentials, or passes

issued by the sponsors of an event the

President has designated at a “special

event of national significance;” offenders

are subject to the penalties under 18

U.S.C. 1028.

Secret Service officers and employees are

authorized to provide missing children

assistance under some circumstances, 18

U.S.C. 3056(f).

Sec.604. Amends subsection 3056(f) to

provide that the “Secret Service” rather

than “officers and employees of the

Secret Service” may provide such

assistance, 18 U.S.C. 3056(f).

The United States Secret Service

Uniform Division is a creature of statute,

3 U.S.C. ch. 3.

Sec.605. Transfers and revises the

Division’s organic act, 18 U.S.C. 3056A.

Sec.606. Makes it clear that the transfer

and revisions do not affect certain

retirement benefits or certain authority of

the Secretary of State.

No comparable provision.

Comments

CRS-28

Present law

H.R. 3199 (Conference Report)

USA PATRIOT and Terrorism

Prevention Reauthorization Act of

2005

H.R. 3199 (Senate Passed(S. 1389))

USA PATRIOT Improvement and

Reauthorization Act of 2005

Comments

Secret Service

Sec.607. Statutorily provides that the

Secret Service is a distinct entity within

the Department of Homeland Security,

18 U.S.C. 3056(g).

Sec.608. Exempts the Advisory

Committee Regarding Protection of

Major Presidential and Vice Presidential

Candidates and the Electronic Crimes

Task Forces from the Federal Advisory

Committee Act (5 U.S.C. App.2), 18

U.S.C. 3056(a)(7), 3056 note.

Present law

H.R. 3199 (Conference Report)

USA PATRIOT and Terrorism

Prevention Reauthorization Act of

2005

No comparable provision.

H.R. 3199 (Senate Passed(S. 1389))

USA PATRIOT Improvement and

Reauthorization Act of 2005

Combat Methamphetamine Epidemic Act of 2005

Existing law permits over the counter

sales of nonpresecription medicines

containing ephedrine, pseudoephedrine,

or phenylpropanolamine (EPP) in

amounts up to 9 grams, 21U.S.C.

802(39).

Sec.711(a),(b). Limits sales to 3.6 grams

of EPP products per day, per customer,

21 U.S.C. 830(d).

Sec.711(b). EPP products must be kept

“behind the counter” and customers must

present identification and sign for the

purchase (unless the product contains 60

mg of pseudoephedrine or less), 21

U.S.C. 830(e).

No comparable provision.

Comments

CRS-29

Present law

H.R. 3199 (Conference Report)

USA PATRIOT and Terrorism

Prevention Reauthorization Act of

2005

H.R. 3199 (Senate Passed(S. 1389))

USA PATRIOT Improvement and

Reauthorization Act of 2005

Combat Methamphetamine Epidemic Act of 2005

Sec.711(c). Mail-order sales of EPP

products are limited to 7.5 grams per

month per customer, 21 U.S.C. 830(e).

Sec.711(d). The Attorney General may

waive the limits and requirements of

subsections 711(a) through (c) for

products that cannot be used for the illicit

manufacture of methamphetamine, 21

U.S.C. 830(e).

Sec.711(e),(f). Customer false statements

are punishable under 18 U.S.C. 1001

(imprisonment for not more than 5

years); violations of the EPP restrictions

are punishable under the civil and

criminal penalties to which registrants are

subject, 21 U.S.C. 842.

Sec.711(g). Preserves state regulatory

authority.

No comparable provision.

Sec.712. Conforming amendments so

that EPP products are treated like listed

chemicals, 21 U.S.C. 802.

No comparable provision.

Sec.713. Authorizes the Attorney

General to establish EPP production

quotas, 21 U.S.C. 826.

No comparable provision.

Sec.714. Includes EPP quota violations

with other controlled substance quota

violations, 21 U.S.C. 842.

No comparable provision.

Sec.715. Authorizes the Attorney

General to set EPP import quotas, 21

U.S.C. 952.

No comparable provision.

Comments

CRS-30

Present law

H.R. 3199 (Conference Report)

USA PATRIOT and Terrorism

Prevention Reauthorization Act of

2005

H.R. 3199 (Senate Passed(S. 1389))

USA PATRIOT Improvement and

Reauthorization Act of 2005

Combat Methamphetamine Epidemic Act of 2005

Sec.716. Amends the general provisions

governing approval of

importing/exporting precursor chemicals

requiring reapplication for approval in

certain instances when the originally

approved transaction has fallen thru and

been replaced by a successor, 21 U.S.C.

971.

Sec.717. Makes existing precursor

import/export sanctions applicable to

related EPP violations, 21 U.S.C.

960(d)(6).

Sec.718. Instructs the Attorney General

to confer with the U.S. Trade

Representative to ensure compliance with

U.S. international treaty and agreement

obligations.

Sec.721. Permits the Attorney General to

require importers to disclose a “chain of

custody” of EPP prior to its receipt; to

require information from related foreign

manufacturers and distributers; and to

prohibit import from uncooperative

foreign manufacturers and distributers,

21 U.S.C. 971.

Sec.722. Adds information concerning

EPP exporting and importing countries to

the international narcotics control

strategy report, 22 U.S.C. 2291h; makes

such nations subject to annual

certification under the Foreign Assistance

Act, 22 U.S.C. 2291j.

No comparable provision.

Comments

CRS-31

Present law

H.R. 3199 (Conference Report)

USA PATRIOT and Terrorism

Prevention Reauthorization Act of

2005

H.R. 3199 (Senate Passed(S. 1389))

USA PATRIOT Improvement and

Reauthorization Act of 2005

Combat Methamphetamine Epidemic Act of 2005

Sec.723. Directs the Secretary of State to

take action to prevent methamphetamine

smuggling from Mexico and report on

the effort.

Sec.731. Adds a term of imprisonment

of not more than 15 years to the

otherwise applicable penalties for

smuggling methamphetamine into the

U.S. using quick entry border procedures.

No comparable provision.

Cultivating a controlled substance on

federal property subjects the offender to

an additional fine of not more than

$500,000, 21 U.S.C. 841(b)(5).

Sec.732. Makes the prohibition

applicable to manufacturing on federal

land as well, 21 U.S.C. 841(b)(5).

No comparable provision.

The mandatory life imprisonment

penalties for drug kingpins apply when

the offense involves 300 times the

amount of drugs punishable as trafficking

or $10 million in receipts a year, 21

U.S.C. 848.

Sec.733. Reduces the thresholds when

methamphetamine is involved to 200

times or $5 million, 21 U.S.C. 848.

No comparable provision.

Sec.734. Adds a term of imprisonment of

not more than 20 years to the already

applicable penalties for making or

trafficking in methamphetamine in a

place where children live or are present,

21 U.S.C. 860a.

Sec.735. Authorizes the promulgation of

forms relating to the general sentencing

reporting requirements for federal judges,

28 U.S.C. 994(w).

Sec.736. Requires the Attorney General

to report twice a year on

methamphetamine enforcement efforts.

No comparable provision.

Comments

CRS-32

Present law

H.R. 3199 (Conference Report)

USA PATRIOT and Terrorism

Prevention Reauthorization Act of

2005

H.R. 3199 (Senate Passed(S. 1389))

USA PATRIOT Improvement and

Reauthorization Act of 2005

Combat Methamphetamine Epidemic Act of 2005

Sec.741. Requires the Secretary of

Transportation to report on the

designation of methamphetamine

byproducts as hazardous materials for

purpose of the Hazardous Material

Transportation Act, 49 U.S.C. 5103.

Sec.742. Directs the Administrator of the

Environmental Protection Agency to

report under the Solid Waste Disposal

Act on methamphetamine product waste,

42 U.S.C. 6921.

Sec.743. Authorizes imposition of

restitution orders to cover clean up costs

for illicit methamphetamine

manufacturing, 21 U.S.C. 853(q).

No comparable provision.

Sec.751. Adds mandatory drug testing

and sanction components to the drug

court grant program, 42 U.S.C. 3797u(c).

No comparable provision.

Sec.752. Authorizes appropriations of

$70 million for drug court grant

programs, 42 U.S.C. 3793(25).

No comparable provision.

Sec.753. Instructs the Attorney General

to study and report on the feasibility of

creating federal drug courts.

No comparable provision.

Sec.754. Authorizes appropriations of

$99 million for each of new 5 fiscal years

(2006 thru 2010) for grants for public

safety and methamphetamine sale, use,

and manufacturing “hot spots,” 42 U.S.C.

3796cc-2.

No comparable provision.

Comments

CRS-33

Present law

H.R. 3199 (Conference Report)

USA PATRIOT and Terrorism

Prevention Reauthorization Act of

2005

H.R. 3199 (Senate Passed(S. 1389))

USA PATRIOT Improvement and

Reauthorization Act of 2005

Combat Methamphetamine Epidemic Act of 2005

Sec.755. Authorizes appropriations of

$20 million of each of the next 2 fiscal

years (2006 and 2007) for grants drugendangered children programs, 42 U.S.C.

3799cc-1.

Sec.756. Authorizes the Attorney

General to establish a grant program to

address methamphetamine use by

pregnant and parenting women offenders.

No comparable provision.

Comments

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.