For other versions of this document, see http://wikileaks.org/wiki/CRS-RL33210 ------------------------------------------------------------------------------ Order Code RL33210 CRS Report for Congress Received through the CRS Web 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) H.R. 3199 (Senate Passed(S. 1389)) Comments USA PATRIOT and Terrorism USA PATRIOT Improvement and Prevention Reauthorization Act of Reauthorization Act of 2005 2005 USA PATRIOT Act Reauthorization and Related Matters Under Section 224 of the USA PATRIOT Sec. 102(a). (a) Repeals section 224 of Sec. 9(a). (a) Repeals section 224(a) of Act, 18 U.S.C. 2510 note, the following the USA PATRIOT Act (except as noted the USA PATRIOT Act (except as noted sections of the Act expire on December below all expiring sections made below all expiring sections made 31, 2005: permanent). permanent). 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 Sec. 102(b). Postpones expiration of sec. Sec. 9(a).Postpones expiration of sec. foreign intell.info.) 206 until December 31, 2009. 206 until December 31, 2009. Sec. 204 (ECPA foreign system pen register/trap & trace exception) 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.102(b). Postpones expiration of sec. Sec.9(a). Postpones expiration of sec. Sec. 215 (FISA access to business 215 until December 31, 2009. 215 until December 31, 2009. 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) Section 6001 of the Intelligence Reform Sec.103. Postpones expiration of sec. Sec.9(b). Postpones expiration of sec. and Terrorism Prevention Act (IRTPA), 6601until December 31, 2009. 6601until December 31, 2009. amends the FISA definition of "agents of CRS-3 Present law H.R. 3199 (Conference Report) H.R. 3199 (Senate Passed(S. 1389)) Comments USA PATRIOT and Terrorism USA PATRIOT Improvement and Prevention Reauthorization Act of Reauthorization Act of 2005 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 Sec.104. Makes sec. 6603 permanent. Sec.9(c). Makes sec. 6603 permanent. 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. Section 207 of the USA PATRIOT Act Sec.105. Extends the tenure of FISA Sec.3. Comparable provisions. extends the life time of FISA surveillance surveillance and search orders to any and search orders and extensions relating agents of a foreign power who are not to non U.S. persons who are agents of U.S. persons (e.g. lone wolf terrorists), foreign powers by virtue of their 50 U.S.C. 1805(e), 1824(d). employment by foreign powers or their Extends the life time of FISA pen membership 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 access to tangible items Sec.106(a). Orders for the production of Sec.7(c). Orders for the production of have no explicit exception for library, certain library, bookstore, firearm sales, certain library, bookstore, firearm sales, bookstore, or any other particular tax return, educational or medical records or medical records must be approved by business record, 50 U.S.C. 1861. must be approved by the FBI Director or the FBI Director or Deputy Director, 50 Deputy Director or Executive Assistant U.S.C. 1861(a)((3). Director, 50 U.S.C. 1861(a)((3). Section 215 of the USA PATRIOT Act Sec.106(b). Requires applications (A) to Sec.7(a). Requires applications to authorizes FISA orders for the production demonstrate reasonable grounds to demonstrate reasonable grounds to of tangible items for investigations to believe the tangible things sought are believe the information sought pertains CRS-4 Present law H.R. 3199 (Conference Report) H.R. 3199 (Senate Passed(S. 1389)) Comments USA PATRIOT and Terrorism USA PATRIOT Improvement and Prevention Reauthorization Act of Reauthorization Act of 2005 2005 USA PATRIOT Act Reauthorization and Related Matters obtain foreign intelligence information relevant to an investigation to protect to, or is relevant to the activities of, a and to protect against international against intern'l terrorism or spying or to foreign power or agent of a foreign terrorism and espionage, 50 U.S.C. 1861. obtain for.intell.info. not concerning a power, or pertains to an individual in U.S. person; relevancy is presumed if contact with or known to a suspected they pertain to a foreign power or agent agent of a foreign power, 50 U.S.C. of a foreign power, or to the activities of 1861(b)(2). 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 Sec.7(a)(2). Comparable provision but as requested or modified upon a finding without the reference to minimization the application complies with statutory standards, 50 U.S.C. 1861(c). requirements, and with directions to adhere to minimization requirements, 50 U.S.C. 1861(c). Sec.106(d). Orders must contain a Sec.7(b). Orders must contain a particularized description of the items particularized description of the items sought, provide for a reasonable time to sought, provide for a reasonable time to assemble them, notify recipients of assemble them, notify recipients of nondisclosure requirements, and be nondisclosure requirements, and be limited to things subject to a grand jury limited to things subject to a grand jury subpoena or order of a U.S. court for subpoena, 50 U.S.C. 1861(c). production, 50 U.S.C. 1861(c). Recipients of section 215 FISA orders Sec.106(e). Also permits disclosure to Sec.7(d). Also permits disclosure to the Sec.4(a) (S. 2271). Replaces sec. 106(d) may not disclose their existence or the recipient's attorney, and with FBI recipient's attorney, and with FBI (2) of the conference bill with a provision content except as necessary for approval to others, 50 U.S.C. 1961(1); approval to others, 50 U.S.C. 1861(d). that requires the recipient, upon the FBI's compliance, 50 U.S.C. 1861(d). recipients may be required to notify the request, to notify the FBI of those to FBI of those to whom they intend whom disclosure has been or is to be disclose, but may not be required to made, but requiring no notification of provide notification of an intent to seek disclosure or anticipated disclosure to the legal assistance, 50 U.S.C. 1861(d)(2). recipient's attorney, 50 U.S.C. 1861(d) CRS-5 Present law H.R. 3199 (Conference Report) H.R. 3199 (Senate Passed(S. 1389)) Comments USA PATRIOT and Terrorism USA PATRIOT Improvement and Prevention Reauthorization Act of Reauthorization Act of 2005 2005 USA PATRIOT Act Reauthorization and Related Matters (2). Sec.106(f). Authorizes recipients to seek Sec.7(e), (b).Authorizes recipients to Sec.3 (S. 2271). Adds to sec. 106(f) of FISA court review of a FISA tangible seek FISA court review of a FISA the conference bill authority for item order; the assigned judge may tangible item order; unlawful orders or recipients to annually petition the FISA dismiss the petition as frivolous, deny the gag orders and orders requiring court to quash or modify the gag order petition, or modify or rescind the order if production that could be quashed in the (after the 1st year of issuance); the court it does not comply with the statute or is case of a grand jury subpoena may do so if the judge finds no reason to otherwise unlawful; FISA court decision (unreasonable, oppressive, or privileged) believe disclosure may endanger national is subject to Review Court review and may be modified or set aside; FISA court security, interfere with an investigation S.Ct. review; authorizes the Chief Justice decision is subject to Review Court or diplomatic relations or endanger an in consultation with the Attorney General review and S.Ct. review; Authorizes the individual; DoJ certification of such and Director of National Intelligence to Chief Justice in consultation with the adverse impact is conclusive in the establish security rules., 50 U.S.C. Attorney General and Director of absence of bad faith, 50 U.S.C. 1861(f). 1803(e), 1861(f). National Intelligence to establish security rules, 50 U.S.C. 1861(f), (b)(2)(D). Sec.106(g). Directs the Attorney General No comparable provision. 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 No comparable provision. 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 the Attorney Sec.106(h). Amends the provision to Sec.7(f). Amends the provision to require General to fully inform the House and require annual reporting in both annual reporting in both instances; adds Senate Intelligence Committees of all instances; adds the Senate Judiciary the Judiciary Committees to the list of requests under the section's authority Committee to the recipients of full recipients of full reports; requires twice a year, and to provide the Judiciary reports; requires inclusion of statistical inclusion of statistical information Committees with statistical reports on information concerning orders for the concerning orders for the production of section's use twice a year, 50 U.S.C. production of certain library, book store, certain library, book store, firearm sales, 1862. firearm sales, medical, tax, and medical, and tax records with the educational records to the Judiciary and statistical report to Congress and the CRS-6 Present law H.R. 3199 (Conference Report) H.R. 3199 (Senate Passed(S. 1389)) Comments USA PATRIOT and Terrorism USA PATRIOT Improvement and Prevention Reauthorization Act of Reauthorization Act of 2005 2005 USA PATRIOT Act Reauthorization and Related Matters Intelligence Committees, 50 U.S.C. 1862. Administrative of U.S. Courts, 50 U.S.C. 1862. Sec.106A. Provides for DoJ Inspector No comparable provision. 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 communications Sec.107(a). Requires the Attorney Sec.4(a). Comparable provision. providers to disclose the content of stored General to report to the Judiciary electronic communications with Committees annually on content authorities in emergencies involving a disclosures under sec. 2702(b)(8). risk of serious injury and to disclose customer records in emergencies Sec.107(b). Removes the immediacy Sec.4(b). Comparable provision. involving an immediate risk of serious requirement from the record disclosure injury, 18 U.S.C. 2702(b)(8), (c)(4). 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). FISA permits issuance of a surveillance Sec. 108(a). Makes it clear that the FISA No comparable provision. order requires that the target be court must find the prospect of thwart identified or described, the nature and based on specific facts in the application, location of the facility or place under 50 U.S.C. 1805(c)(2)(B). surveillance be identified (if known), and the 3d parties ordered to assist be No comparable provision. Sec.2(a). Requires that the target be specifically identified (unless the target is described with particularity if his identity likely to take steps to thwart their and the nature and location of facilities or identification)(roving wiretaps), 50 places to be under surveillance are U.S.C. 1805. unknown, 50 U.S.C. 1805(c)(1)(A). CRS-7 Present law H.R. 3199 (Conference Report) H.R. 3199 (Senate Passed(S. 1389)) Comments USA PATRIOT and Terrorism USA PATRIOT Improvement and Prevention Reauthorization Act of Reauthorization Act of 2005 2005 USA PATRIOT Act Reauthorization and Related Matters Sec. 108(b). Requires in no case later Sec.2(b). Requires within 10 days than 10 days (with a good cause showing additional notice, justifying and within 60 days), notice, justifying and minimization information be given to the minimization information be given the issuing FISA court when the execution of issuing FISA court including the number a FISA surveillance order becomes of surveillances conducted or planned roving. when the execution of a FISA surveillance order becomes roving. Sec.108(c). Names the Senate Judiciary Sec.2(c). Names Judiciary Committees as Committee as a recipient of FISA reports recipients of FISA reports expanded to expanded to include information on include information on roving roving surveillance. surveillance. FISA requires the Attorney General to Sec.109(a). Requires the Attorney Sec.10(b)(2). Requires the Attorney make full reports concerning FISA search General to make full reports to the Senate General to make full reports to the House authority to the House and Senate Judiciary Committee as well and to and Senate Judiciary Committees as well intelligence committees and statistical transmit to the House Judiciary and to include statistical information reports to the House and Senate Judiciary Committee the statistical information relating to the use FISA emergency Committees, 50 U.S.C. 1826. relating to the use FISA emergency search authority, proposed 50 U.S.C. search authority, proposed 50 U.S.C. 1826. 1826. Sec.109(c). Directs the Department of No comparable provision. 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 the rule making Sec.109(d). Authorizes the FISA courts Sec.10(a). Comparable provision. authority of the FISA courts, 50 U.S.C. to establish rules and procedures for 1801 et seq. 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). One federal statute outlaws train Sec.110. Merges sections 1992 and 1993 No comparable provision. CRS-8 Present law H.R. 3199 (Conference Report) H.R. 3199 (Senate Passed(S. 1389)) Comments USA PATRIOT and Terrorism USA PATRIOT Improvement and Prevention Reauthorization Act of Reauthorization Act of 2005 2005 USA PATRIOT Act Reauthorization and Related Matters wrecking; 18 U.S.C. 1992; another into a new section 1992; provides outlaws attacks on mass transit, 18 uniform penalty and jurisdictional U.S.C. 1993. 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 Sec.111. Authorizes the confiscation of No comparable provision. property within U.S. jurisdiction derived property within U.S. jurisdiction from certain drug offenses committed in constituting the proceeds from or used to violation of foreign law, 18 U.S.C. facilitate the commission of any offense 981(a)(1)(B); it also permits U.S. which involves "trafficking in nuclear, confiscation of property associated with chemical, biological, or radiological certain terrorist offenses, 18 U.S.C. weapons technology or material" and 981(a)(1) (G). 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). Crimes designated as federal crimes of Sec.112. Adds 18 U.S.C. 2339D (relating No comparable provision. terrorism (18 U.S.C. 2332b(g)(5)) trigger to military-type training from a foreign the application of other federal laws, e.g., terrorist organization) and 18 U.S.C. 832 18 U.S.C. 1961(1)(g)(RICO predicates), (relating to nuclear and weapons of mass 3142 (bail), 3286 (statute of limitations), destruction threats) to the list of federal 3583 (supervised release). crimes of terrorism, 18 U.S.C. 2332b(g) (5)(B)(i). Federal law authorizes judicially Sec.113. Adds the following offenses to No comparable provision. supervised law enforcement interception the wiretapping predicate offense list: 18 of wire, oral or electronic U.S.C. 37(violence at international communications (wiretapping) in the airports), 81 (arson), 175b (biological investigation of certain crimes (predicate agents), 832 (nuclear and weapons of offenses), 18 U.S.C. 2516(1). mass destruction threats), 930 (possession of weapons in federal facilities), 956 (conspiracy to commit violence overseas), 1028A (aggravated CRS-9 Present law H.R. 3199 (Conference Report) H.R. 3199 (Senate Passed(S. 1389)) Comments USA PATRIOT and Terrorism USA PATRIOT Improvement and Prevention Reauthorization Act of Reauthorization Act of 2005 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 Sec.114. Permits delays of no more than Sec. 5. Permits delays of no more than 7 notification of the execution of a sneak 30 days (or a later date certain if the facts days (or date certain if the facts justify) and peek search warrant for a reasonable justify) with 90 days extensions (or with 90 days extensions as the facts period of time (with the possibility of longer if the facts justify). justify). extensions) when disclosure may result in flight, destruction of evidence, Eliminates trial delay as a justification. Comparable provision. intimidation of a witness, danger to an individual, serious jeopardy to an investigation, or undue trial delay, 18 Requires detailed annual, public reports Comparable provision. U.S.C. 3103a. thru the Administrative Office of U.S. Courts on use of the authority, 18 U.S.C. 3103a. CRS-10 Present law H.R. 3199 (Conference Report) H.R. 3199 (Senate Passed(S. 1389)) Comments USA PATRIOT and Terrorism USA PATRIOT Improvement and Prevention Reauthorization Act of Reauthorization Act of 2005 2005 USA PATRIOT Act Reauthorization and Related Matters Judicial review and enforcement of Sec.115. Authorizes judicial enforcement Sec.8(a), (c). Amends 18 U.S.C. 2709 to National Security Letters (NSL): of NSLs; the court may quash or modify permit judicial enforcement in U.S. 18 U.S.C. 2709(b): No comparable a request if compliance would be district court of orders under that section; provisions unreasonable, oppressive or otherwise the court may quash or modify a request 15 U.S.C. 1681v: No comparable unlawful, 28 U.S.C. 3511(a). if compliance would be unreasonable or provisions oppressive or violate any constitutional 15 U.S.C. 1681u: FBI may seek or other legal right or privilege, 18 information through an ex parte court U.S.C. 2709((a)(2). order 12 U.S.C. 3414(a)(5): No comparable Sec.115. Recipients may petition to have Sec.8(b). Recipients may petition to have provisions nondisclosure orders lifted or modified nondisclosure orders lifted or modified at 50 U.S.C.436:No comparable once a year and petitions may be granted any time and petitions may be granted provisions. upon a finding there is no reason to upon a finding there is no reason to believe disclosure may endanger national believe disclosure may endanger national security, or interfere with an security, or interfere with an investigation or diplomatic relations, or investigation or diplomatic relations, or endanger a life. Good faith certification endanger a life. Good faith governmental of such danger by senior agency officials certification of a danger of national is conclusive, 28 U.S.C. 3511(b). security or interference with diplomatic relations is conclusive, 18 U.S.C. 2709(c)(4). Sec.115 Disobedience of the U.S. district No comparable provision. court's order to respond to NSL is punishable as contempt, 28 U.S.C. 3511(c). Sec.115. Proceedings are closed (except Sec. (d). Classified Information contempt proceedings) and government Procedure Act provisions apply, 18 may request that its evidence be U.S.C. 2709((b),(c). considered ex parte and in camera, 28 U.S.C. 3511(d),(e). Nondisclosure provisions: Sec.116. Amends the NSL statutes to No comparable provision. Sec.4(b)-(e) (S. 2271). Amends the 18 U.S.C. 2709: general prohibition provide for nondisclosure orders when conference bill to add language to each against disclosure; no explicit exceptions, the investigative agency determines that Sec.8. Amends 18 U.S.C. 2709 to permit NSL statute requiring recipients to notify penalties for violation, or provisions for the disclosure may endanger any disclosure to: those necessary for the authority issuing the letter and termination individual or national security, or compliance; an attorney for legal advice. identify the individuals to whom they 15 U.S.C. 1681v: general prohibition interfere with diplomatic relations or a have disclosed or will disclose the against disclosure; no explicit exceptions, criminal or intelligence investigation. No comparable provision. request, but expressly providing that they CRS-11 Present law H.R. 3199 (Conference Report) H.R. 3199 (Senate Passed(S. 1389)) Comments USA PATRIOT and Terrorism USA PATRIOT Improvement and Prevention Reauthorization Act of Reauthorization Act of 2005 2005 USA PATRIOT Act Reauthorization and Related Matters penalties for violation, or provisions for Amends the NSL statutes to permit are not required to identify their termination disclosure to: those necessary for attorneys. 15 U.S.C. 1681u: general prohibition compliance; an attorney for legal advice. against disclosure; no explicit exceptions, Permits a requirement that recipients penalties for violation, or provisions for advise government authorities of any termination anticipated disclosure but recipients may 12 U.S.C. 3414(a)(5): general ban on not be required to provide notification of disclosure; no explicit exceptions, an intent to seek legal advice. 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. Sec.117. Violations of the nondisclosure No comparable provision. 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. 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). Reports to Congress: Sec.118. Requires that any reports to a 18 U.S.C. 2709(e): Requires FBI reports Congressional committee on NSLs shall No comparable provision. to the Intelligence and Judiciary also be provided to the Judiciary Committees every six months Committees. 15 U.S.C. 1681v:No comparable Requires detailed reports on use of the provisions authority to the Judiciary Committees 15 U.S.C. 1681u(h): Requires FBI and certain other jurisdictional reports to the Intelligence and banking committees. Committees every six months 12 U.S.C. 3414(a)(5): No comparable CRS-12 Present law H.R. 3199 (Conference Report) H.R. 3199 (Senate Passed(S. 1389)) Comments USA PATRIOT and Terrorism USA PATRIOT Improvement and Prevention Reauthorization Act of Reauthorization Act of 2005 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 No comparable provision. 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)) Sec.120. Changes the cross reference in authorizes the confiscation of property the confiscation provision from section No comparable provision. derived from or used to facilitate 2331 defined international or domestic international or domestic terrorism as terrorism to international or domestic defined in 18 U.S.C. 2331 (which defines terrorism (as defined in 2332b(g)(5)(B)). 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). Federal law prohibits trafficking in Sec.121. Lowers the threshold to 10,000 contraband cigarettes (i.e., more than cigarettes or 500 cans or packages of No comparable provision. 60,000 cigarettes without tax stamps), 18 smokeless tobacco; and creates a federal U.S.C. 2341-2346. 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 Sec.122. Makes it a federal crime to U.S.C. 841-971; and providing material engage in drug trafficking for the benefit No comparable provision. support for terrorists or designated of a foreign terrorist organization or of a terrorist organizations, 18 U.S.C. 2339A, person planning or committing a terrorist 2339B. offense (punishable by imprisonment for less than twice the term otherwise authorized nor more than life), 21 U.S.C. 960A. CRS-13 Present law H.R. 3199 (Conference Report) H.R. 3199 (Senate Passed(S. 1389)) Comments USA PATRIOT and Terrorism USA PATRIOT Improvement and Prevention Reauthorization Act of Reauthorization Act of 2005 2005 USA PATRIOT Act Reauthorization and Related Matters Destruction of aircraft or their facilities is Sec.123. Amends sec. 32 to outlaw a federal crime, 18 U.S.C. 32. interfering with or disabling a pilot or air No comparable provision. navigation facility operator with intent to endanger or with regardless disregard for human safety. FISA provisions preclude the exercise Sec.124. Pronounces the sense of of authority in an investigation based Congress that federal criminal No comparable provision. solely upon the exercise of 1st investigations should not be premised Amendment protected rights, e.g., 50 solely upon a citizen's engaging in lawful U.S.C. 1805(a)(3). political activity or membership in a non- violent political organization. Sec.125. Establishes immunity from civil liability (other than gross negligence or No comparable provision. 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 Sec.126. Instructs the Attorney General government's management of its to report to Congress on the data-mining No comparable provision. individually identifying system of activities conducted by the various records, 5 U.S.C. 552a. federal agencies and departments. Property related to certain federal crimes Sec.127. Expresses the sense of Congress is subject to confiscation by the U.S., that the victims of terrorist attacks should No comparable provision. e.g., 18 U.S.C. 981. have access to the assets forfeited. USA PATRIOT Act expands FISA pen Sec.128. Upon applicant request, requires Sec. 6. Comparable provision register authority to include electronic providers to supply available customer communications, 50 U.S.C. 1842, 1843. information relating to communications FISA requires full reports on use of FISA subject to FISA pen register orders, 50 pen register authority to congressional U.S.C. 1842(d)(2)(C). intelligence committees twice a year, 50 U.S.C. 1846(a). Requires full reports to congressional judiciary committees twice a year as well, 50 U.S.C. 1846(a). CRS-14 Present law H.R. 3199 (Conference Report) H.R. 3199 (Senate Passed(S. 1389)) Comments USA PATRIOT and Terrorism USA PATRIOT Improvement and Prevention Reauthorization Act of Reauthorization Act of 2005 2005 Terrorism Death Penalty Enhancement In 1974, Congress enacted air piracy Sec.211. Makes the 1994 procedures legislation with death penalty procedures applicable to post 1974, pre-1994 air No comparable provision. designed overcome the Eighth piracy murder cases. 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. Existing law authorizes imposition of a Sec.212. Authorizes supervised release supervisory release term of any term of for any term of years or for life in cases No comparable provision. years or for life in the case of conviction of federal crimes of terrorism, regardless for a federal crime of terrorism, if offense of whether the offense involved a risk of involved a risk of serious bodily injury, serious injury. 18 U.S.C. 3583(j). Congress authorized imposition of the Sec.221, 222. Repeals the drug king-pin death penalty in certain drug king-pin capital procedures of 21 U.S.C. 848; No comparable provision. cases in 1988, 21 U.S.C. 848; in 1994 it transfers the provisions for counsel for established general procedures for federal indigent death row habeas petitioners to capital cases which differ slightly from title 18, 18 U.S.C. 3599. the drug provisions, 18 U.S.C. 3591- 3598; subsection 848(q) provides assistance of counsel for indigent death row habeas petitioners. CRS-15 Present law H.R. 3199 (Conference Report) H.R. 3199 (Senate Passed(S. 1389)) Comments USA PATRIOT and Terrorism USA PATRIOT Improvement and Prevention Reauthorization Act of Reauthorization Act of 2005 2005 Reducing Crime and Terrorism at America's Seaports Federal law outlaws the use of false Sec.302. Makes the section applicable to pretenses to gain entry to the secured gaining entry to a seaport by false No comparable provision. areas in an airport; violations are pretenses; increases the maximum punishable by imprisonment for not more penalty for false entry to imprisonment than 5 years committed with the intent to for not more than 10 years; provides a commit a felony, 18 U.S.C. 1036. new definition of seaport (18 U.S.C. 26). Various federal laws prohibit the failure Sec.303. Outlaws failure to heave to or to heave to or otherwise obstruct obstructing an authorized federal law No comparable provision. maritime inspection under various enforcement officer; violations are circumstances, e.g., 16 U.S.C. 2435, punishable by imprisonment for not more 2438 (enforcement of the Antarctic than 5 years and/or a fine of not more Marine Living Resources Convention), than $250,000, 18 U.S.C. 2237. 5505, 5508 (high seas fishing compliance). Existing federal law proscribes violence Sec.304. Establishes a new criminal against maritime navigation, 18 U.S.C. offense prohibiting placing a dangerous No comparable provision. 2280, burning or bombing vessels, 2275, device or substance in U.S. waters likely or destruction of property within U.S. to destroy or damage ships or interfere special maritime jurisdiction, 1363. 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. CRS-16 Present law H.R. 3199 (Conference Report) H.R. 3199 (Senate Passed(S. 1389)) Comments USA PATRIOT and Terrorism USA PATRIOT Improvement and Prevention Reauthorization Act of Reauthorization Act of 2005 2005 Reducing Crime and Terrorism at America's Seaports Federal law outlaws possession of Sec.305. Creates two new federal crimes, biological agents, chemical weapons, 18 U.S.C. 2283 (transporting explosive, No comparable provision. atomic weapons, nuclear material, each biological, chemical, or radioactive or punishable by imprisonment for any term nuclear material aboard a vessel of years or for life, 18 U.S.C. 175, 229, believing they will be used to commit a 831; 42 U.S.C. 2272; aiding or abetting federal crime of terrorism) and 18 U.S.C. the commission of a federal crime of 2284 (transporting a terrorist aboard a terrorism which carries the same vessel believing the terrorist intends to punishment as the underlying offense, 18 commit or is fleeing following the U.S.C. 2; and harboring a terrorist, 18 commission of a federal crime of U.S.C. 2339 (punishable by terrorism); both offenses are punishable imprisonment for not more than 10 by imprisonment for any term of years or years). for life; the death penalty may be imposed for a violation of 18 U.S.C. 2283 if death results. CRS-17 Present law H.R. 3199 (Conference Report) H.R. 3199 (Senate Passed(S. 1389)) Comments USA PATRIOT and Terrorism USA PATRIOT Improvement and Prevention Reauthorization Act of Reauthorization Act of 2005 2005 Reducing Crime and Terrorism at America's Seaports 18 U.S.C. ch. 111 outlaws damage or Sec.306. Establishes a new chapter 111A destruction of vessels and maritime in title 18 relating to the destruction of, or No comparable provision. facilities, e.g., 18 U.S.C. 2280 (violence interference with, vessels or maritime against maritime navigation), 2275 facilities which among other things: (burning or bombing vessels); other makes violence -- committed, attempted federal statutes supply parallel coverage or conspired -- against vessels or their under some circumstances, e.g., 18 facilities punishable by imprisonment for U.S.C. 1363(damage or destruction of not more than 20 years (by imprisonment property within U.S. special maritime for any term of years or life if the offense jurisdiction), 81(arson within U.S. special involves a vessel carrying high level maritime jurisdiction), 844(i)(burning or radioactive waste or spent nuclear fuel; if bombing property used in interstate or death results, by imprisonment for any foreign commerce); hoaxes relating to term of years or for life or by death); and violations of ch. 111 are punishable by makes threats to do so punishable by imprisonment for not more than 5 years imprisonment for not more than 5 years, (not more than 20 years if serious injury proposed 18 U.S.C. 2291; makes related results and if death results, by hoaxes punishable by a civil fine of not imprisonment for any term of years or for more than $5000 or imprisonment for not life or by death), 18 U.S.C. 1038. 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 Sec.307(a). Increases the penalty from or foreign shipment; violations are not more than 1 year to not more than 3 No comparable provision. punishable by imprisonment for not more years if the value of the stolen property is than 10 years (not more 1 year if the $1000 or less; makes clear that theft from value of the stolen property is $1000 or trailers, cargo containers, freight stations, less), 18 U.S.C. 659. and warehouses are covered; makes clear that the theft of goods awaiting transshipment is also covered. CRS-18 Present law H.R. 3199 (Conference Report) H.R. 3199 (Senate Passed(S. 1389)) Comments USA PATRIOT and Terrorism USA PATRIOT Improvement and Prevention Reauthorization Act of Reauthorization Act of 2005 2005 Reducing Crime and Terrorism at America's Seaports Interstate or foreign transportation of a Sec.307(b)-(e). Expands the coverage of stolen vehicle or aircraft is punishable by the federal law to cover the interstate or No comparable provision. imprisonment for not more than 10 years, foreign transportation of a stolen vessel 18 U.S.C. 2312; receipt of a stolen and receipt of a stolen vessel that has vehicle or aircraft that has been been transported in interstate or overseas. transported in interstate or foreign Instructs the U.S. Sentencing commerce carries the same penalty, 18 Commission to review the sentencing U.S.C. 2313. 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 Sec.308. Increases the penalty for punishable by imprisonment for not more stowaways from not more than 1 year to No comparable provision. than 1 year, 18 U.S.C. 2199. 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. CRS-19 Present law H.R. 3199 (Conference Report) H.R. 3199 (Senate Passed(S. 1389)) Comments USA PATRIOT and Terrorism USA PATRIOT Improvement and Prevention Reauthorization Act of Reauthorization Act of 2005 2005 Reducing Crime and Terrorism at America's Seaports Bribery of a federal official is punishable Sec.309. Makes it a new federal crime to by imprisonment for not more than 15 bribe any individual (private or public) No comparable provision. years, 18 U.S.C. 201; many federal with respect to various activities within terrorism crimes carry maximum any secure or restricted area or seaport -- penalties of imprisonment for 20 years or with the intent to commit international or more, e.g., 18 U.S.C. 32 (destruction of domestic terrorism (18 U.S.C. 2331); aircraft, 20 years), 81 (arson, 25 years), violations are punishable by 2332a (weapons of mass destruction, imprisonment for not more than 15 years, life); those who aid or abet their 18 U.S.C. 226. commission are subject to the same penalties, 18 U.S.C. 2, as are coconspirators, United States v. Pinkerton, 328 U.S. 640 (1946). In general, smuggling is punishable by Sec.310. Increases the penalty for imprisonment for not more than 5 years, violations of section 545 (smuggling) No comparable provision. 18 U.S.C. 545. from imprisonment for not more than 5 years to imprisonment for not more than 20 years. The penalty for smuggling goods into Sec.311(a). Outlaws smuggling goods foreign countries by the owners, out of the U.S. in a new statute No comparable provision. operators, or crew of a vessel is punishable by imprisonment for not more imprisonment for not more than 5 years, than 10 years, 18 U.S.C. 554. 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). CRS-20 Present law H.R. 3199 (Conference Report) H.R. 3199 (Senate Passed(S. 1389)) Comments USA PATRIOT and Terrorism USA PATRIOT Improvement and Prevention Reauthorization Act of Reauthorization Act of 2005 2005 Reducing Crime and Terrorism at America's Seaports Federal law prohibits laundering using Sec.311(c). Adds the new section, 18 the proceeds from various predicate U.S.C. 554, to the money laundering No comparable provisions. offenses, 18 U.S.C. 1956, 1957; in predicate offense list. addition to other penalties the assets involved are subject to confiscation, 18 U.S.C. 981(a)(1)(A). Federal law calls for the confiscation of Sec.311(d). Calls for the confiscation of goods smuggled into the U.S. and of goods smuggled out of the U.S. and of No comparable provisions. conveyances used to smuggle them, 19 the property used to facilitate the U.S.C. 1595a. smuggling, proposed 19 U.S.C. 1595a(d). Federal law penalizes removing goods Sec.311(e). Increases the penalty for from the custody of the Customs Service removing goods from the custody of the No comparable provisions. by imprisonment for not more than 2 Customs Service from imprisonment for years, 18 U.S.C. 549. not more than 2 years to imprisonment for not more than 10 years. CRS-21 Present law H.R. 3199 (Conference Report) H.R. 3199 (Senate Passed(S. 1389)) Comments USA PATRIOT and Terrorism USA PATRIOT Improvement and Prevention Reauthorization Act of Reauthorization Act of 2005 2005 Combating Terrorism Financing Violations of the Emergency Economic Sec.402. Increases the maximum term of Powers Act which outlaws violations of imprisonment to not more than 20 years No comparable provision. presidential orders issued under the Act and changes the maximum civil penalty including but not limited to those that bar to $50,000, 50 U.S.C. 1705. 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. Federal law imposes severe penalties (up Sec.403. Adds 18 U.S.C. 1960 (money to 20 years imprisonment) for acquiring transmitters) to the RICO list and No comparable provision. or operating an enterprise through the consequently to the money laundering pattern commission of any of a series of predicate offense list. predicate offenses, 18 U.S.C. 1961-1965 (RICO). Federal law also proscribes laundering the proceeds of any of a series of Amends the money laundering statute to predicate offenses, 18 U.S.C. 1956, 1957. provide a clear statement of the relative Confiscation is a consequence of a RICO investigative jurisdiction of various or money laundering violation, 18 U.S.C. federal agencies, 18 U.S.C. 1956(e), 1963, 981. The proceeds from such 1957(e). confiscation are available to proportionately to the arresting and prosecuting agencies, 28 U.S.C. 524(c). CRS-22 Present law H.R. 3199 (Conference Report) H.R. 3199 (Senate Passed(S. 1389)) Comments USA PATRIOT and Terrorism USA PATRIOT Improvement and Prevention Reauthorization Act of Reauthorization Act of 2005 2005 Combating Terrorism Financing The property derived from or used to Sec.404. Authorizes the confiscation of facilitate certain terrorist offenses property located within the U.S. of an No comparable provision. committed against the U.S. is subject to individual or entity planning or confiscation, 18 U.S.C. 981(a)(1)(G). 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 Sec.405. Outlaws each of any "dependent proceeds from various predicate offenses, transactions" relating to a money No comparable provision. 18 U.S.C. 1956, 1957; in addition to laundering transaction (and thus subjects other penalties the assets involved are the assets involved to confiscation in subject to confiscation, 18 U.S.C. addition to other penalties); defines a 981(a)(1)(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 Sec. 406(a)(2). Amends subsection involving property owned by a foreign 1956(b) apparently to permit pre-trial No comparable provision. person, federal law permits the federal restraining orders and federal receivers court with jurisdiction over the foreign regardless of whether the property owner property owner to issue a pre-trial if foreign or American. restraining order and appoint a federal receiver prior to adjudicating the merits of the confiscation, 18 U.S.C. 1956(b)(2),(3),(4). CRS-23 Present law H.R. 3199 (Conference Report) H.R. 3199 (Senate Passed(S. 1389)) Comments USA PATRIOT and Terrorism USA PATRIOT Improvement and Prevention Reauthorization Act of Reauthorization Act of 2005 2005 Combating Terrorism Financing Federal law allows the substitution of Sec. 406(a)(4). Makes it clear that assets held in this country by a foreign subsection 981(k) applies to foreign No comparable provision. bank with overseas accounts containing financial institutions and not just foreign forfeitable assets, 18 U.S.C. 981(k). banks. In order to avoid either arguable Sec. 406(b). Enacts subsections 316(a), constitutional infirmity or the more (b), and (c) as part of title 18, 18 U.S.C. No comparable provision. generous coverage of otherwise 987. 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. Federal law prohibits the destruction or Sec. 406(c). Amends section 33 so that attempted destruction of commercial conspiracy to violate its provisions carry No comparable provision. motor vehicles or their facilities and the same 20 year maximum penalty as punishes violations by imprisonment for the underlying violations. 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. 31 U.S.C. 5318(n)(4) (A) contains an Sec.407. In 31 U.S.C. 5318(n)(4)(A) incomplete cross reference. changes National Intelligence Reform No comparable provision. Act of 2004 to National Intelligence Reform and Terrorism Prevention Act of 2004. Section 6604 of the Intelligence Reform Sec.408. Amends section 6604 to change and Terrorist Prevention Act contains 2339c(c)(2) to 2339C(c)(2) and 2339c(e) No comparable provision. typographical errors. to 2339C(e). CRS-24 Present law H.R. 3199 (Conference Report) H.R. 3199 (Senate Passed(S. 1389)) Comments USA PATRIOT and Terrorism USA PATRIOT Improvement and Prevention Reauthorization Act of Reauthorization Act of 2005 2005 Combating Terrorism Financing Federal law prohibits laundering the Sec.409. Adds receipt of foreign terrorist proceeds of various predicate offenses, military training to the list of money No comparable provision. 18 U.S.C. 1956, 1957; in addition to laundering predicate offenses. 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. Federal law calls for the confiscation of Sec.410. Gives the government the property related to various criminal option of processing civil forfeitures as No comparable provision. offenses; in some instances procedure is part of the criminal proceedings against civil, in others it is criminal, e.g., 21 the property owner, 28 U.S.C. 2461(c). U.S.C. 881, 853. CRS-25 Present law H.R. 3199 (Conference Report) H.R. 3199 (Senate Passed(S. 1389)) Comments USA PATRIOT and Terrorism USA PATRIOT Improvement and Prevention Reauthorization Act of Reauthorization Act of 2005 2005 Miscellaneous Provisions United States Attorneys are required to Sec.501. Permits the Attorney General or reside in the district for which they are his designee to assign U.S. Attorneys to No comparable provision. appointed as a general rule, 28 U.S.C. additional responsibilities exempting 545. them from the residency requirement, 28 U.S.C. 545. Existing law permits the Attorney Sec.502. Eliminates the authority of the General to temporarily fill a U.S. court and allows the temporary U.S. No comparable provision. Attorney vacancy, if after 120 days a Attorney to serve until confirmation of a permanent replacement has not been replacement, 28 U.S.C. 546. confirmed, the district court is empowered to name a temporary U.S. Attorney to serve until one is confirmed, 28 U.S.C. 546. The heads of various federal departments Sec.503. Adds the Secretary of the come within the line of presidential Department of Homeland Security to the No comparable provision. succession, 3 U.S.C. 19(d)(1). line of presidential succession, 3 U.S.C. 19(d)(1). The heads of various federal agencies are Sec.504. Makes the Director of the subject to nomination and appointment Bureau of Alcohol, Tobacco, Firearms, No comparable provision. following advice and consent of the and Explosives an advice and consent Senate, U.S. Const. Art.II, §2. cl.2. position, 6 U.S.C. 531(a)(2). United States Marshals are appointed for Sec.505. Sets minimum statutory the various federal districts, 28 U.S.C. qualifications for U.S. Marshals, 28 No comparable provision. 561. U.S.C. 561. Some DoJ components are creatures of Sec.506. Creates a National Security statute, e.g., 28 U.S.C. 531 (F.B.I.); most Division headed by a statutory Assistant No comparable provision. are not. Attorney General for National Security within DoJ, 28 U.S.C. 507A, 506, 509A, etc. CRS-26 Present law H.R. 3199 (Conference Report) H.R. 3199 (Senate Passed(S. 1389)) Comments USA PATRIOT and Terrorism USA PATRIOT Improvement and Prevention Reauthorization Act of Reauthorization Act of 2005 2005 Miscellaneous Provisions Existing federal law affords qualified Sec.507. Permits the Attorney General states an alternative procedures for rather than the courts to certify No comparable provision. capital habeas cases; qualification is qualification under amended procedures, predicated on the level of appointed 28 U.S.C. 2261, 2265. counsel provided indigents in capital cases; no state has yet qualified, 28 U.S.C. 2265. CRS-27 Present law H.R. 3199 (Conference Report) H.R. 3199 (Senate Passed(S. 1389)) Comments USA PATRIOT and Terrorism USA PATRIOT Improvement and Prevention Reauthorization Act of Reauthorization Act of 2005 2005 Secret Service Federal law prohibits disorderly conduct Sec.602. Adds interference with "special on federal property, and trespassing in security events" to the list of section No comparable provision. places where the persons under Secret 1752 offenses; increases the penalty to Service protection are visiting or imprisonment of not more than 1 year residing; offenders are punishable by (not more than 10 years if the offender imprisonment for not more than 6 uses or carries firearm, deadly or months, 18 U.S.C. 1752. dangerous weapon), 18 U.S.C. 1752 . It is a federal crime to possess false Sec.603. Outlaws possession of government credentials, identification identification, credentials, or passes No comparable provision. documents, or passes; the offense is issued by the sponsors of an event the punishable bv imprisonment for not more President has designated at a "special than 1 year (for not more than 20 years if event of national significance;" offenders the offense is committed in connection are subject to the penalties under 18 with a crime of violence or a drug U.S.C. 1028. offenses; for not more than 30 years if committed in furtherance of act of domestic or international terrorism), 18 U.S.C. 1028. Secret Service officers and employees are Sec.604. Amends subsection 3056(f) to authorized to provide missing children provide that the "Secret Service" rather No comparable provision. assistance under some circumstances, 18 than "officers and employees of the U.S.C. 3056(f). Secret Service" may provide such assistance, 18 U.S.C. 3056(f). The United States Secret Service Sec.605. Transfers and revises the Uniform Division is a creature of statute, Division's organic act, 18 U.S.C. 3056A. No comparable provision. 3 U.S.C. ch. 3. Sec.606. Makes it clear that the transfer and revisions do not affect certain No comparable provision. retirement benefits or certain authority of the Secretary of State. CRS-28 Present law H.R. 3199 (Conference Report) H.R. 3199 (Senate Passed(S. 1389)) Comments USA PATRIOT and Terrorism USA PATRIOT Improvement and Prevention Reauthorization Act of Reauthorization Act of 2005 2005 Secret Service Sec.607. Statutorily provides that the Secret Service is a distinct entity within No comparable provision. the Department of Homeland Security, 18 U.S.C. 3056(g). Sec.608. Exempts the Advisory Committee Regarding Protection of No comparable provision. 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) H.R. 3199 (Senate Passed(S. 1389)) Comments USA PATRIOT and Terrorism USA PATRIOT Improvement and Prevention Reauthorization Act of Reauthorization Act of 2005 2005 Combat Methamphetamine Epidemic Act of 2005 Existing law permits over the counter Sec.711(a),(b). Limits sales to 3.6 grams sales of nonpresecription medicines of EPP products per day, per customer, No comparable provision. containing ephedrine, pseudoephedrine, 21 U.S.C. 830(d). or phenylpropanolamine (EPP) in amounts up to 9 grams, 21U.S.C. 802(39). Sec.711(b). EPP products must be kept "behind the counter" and customers must No comparable provision. present identification and sign for the purchase (unless the product contains 60 mg of pseudoephedrine or less), 21 U.S.C. 830(e). CRS-29 Present law H.R. 3199 (Conference Report) H.R. 3199 (Senate Passed(S. 1389)) Comments USA PATRIOT and Terrorism USA PATRIOT Improvement and Prevention Reauthorization Act of Reauthorization Act of 2005 2005 Combat Methamphetamine Epidemic Act of 2005 Sec.711(c). Mail-order sales of EPP products are limited to 7.5 grams per No comparable provision. month per customer, 21 U.S.C. 830(e). Sec.711(d). The Attorney General may waive the limits and requirements of No comparable provision. 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 No comparable provision. (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 No comparable provision. chemicals, 21 U.S.C. 802. Sec.713. Authorizes the Attorney General to establish EPP production No comparable provision. quotas, 21 U.S.C. 826. Sec.714. Includes EPP quota violations with other controlled substance quota No comparable provision. violations, 21 U.S.C. 842. Sec.715. Authorizes the Attorney General to set EPP import quotas, 21 No comparable provision. U.S.C. 952. CRS-30 Present law H.R. 3199 (Conference Report) H.R. 3199 (Senate Passed(S. 1389)) Comments USA PATRIOT and Terrorism USA PATRIOT Improvement and Prevention Reauthorization Act of Reauthorization Act of 2005 2005 Combat Methamphetamine Epidemic Act of 2005 Sec.716. Amends the general provisions governing approval of No comparable provision. 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 No comparable provision. related EPP violations, 21 U.S.C. 960(d)(6). Sec.718. Instructs the Attorney General to confer with the U.S. Trade No comparable provision. 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 No comparable provision. 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 No comparable provision. 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. CRS-31 Present law H.R. 3199 (Conference Report) H.R. 3199 (Senate Passed(S. 1389)) Comments USA PATRIOT and Terrorism USA PATRIOT Improvement and Prevention Reauthorization Act of Reauthorization Act of 2005 2005 Combat Methamphetamine Epidemic Act of 2005 Sec.723. Directs the Secretary of State to take action to prevent methamphetamine No comparable provision. smuggling from Mexico and report on the effort. Sec.731. Adds a term of imprisonment of not more than 15 years to the No comparable provision. otherwise applicable penalties for smuggling methamphetamine into the U.S. using quick entry border procedures. Cultivating a controlled substance on Sec.732. Makes the prohibition federal property subjects the offender to applicable to manufacturing on federal No comparable provision. an additional fine of not more than land as well, 21 U.S.C. 841(b)(5). $500,000, 21 U.S.C. 841(b)(5). The mandatory life imprisonment Sec.733. Reduces the thresholds when penalties for drug kingpins apply when methamphetamine is involved to 200 No comparable provision. the offense involves 300 times the times or $5 million, 21 U.S.C. 848. amount of drugs punishable as trafficking or $10 million in receipts a year, 21 U.S.C. 848. Sec.734. Adds a term of imprisonment of not more than 20 years to the already No comparable provision. 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 No comparable provision. reporting requirements for federal judges, 28 U.S.C. 994(w). Sec.736. Requires the Attorney General to report twice a year on No comparable provision. methamphetamine enforcement efforts. CRS-32 Present law H.R. 3199 (Conference Report) H.R. 3199 (Senate Passed(S. 1389)) Comments USA PATRIOT and Terrorism USA PATRIOT Improvement and Prevention Reauthorization Act of Reauthorization Act of 2005 2005 Combat Methamphetamine Epidemic Act of 2005 Sec.741. Requires the Secretary of Transportation to report on the No comparable provision. 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 No comparable provision. 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 No comparable provision. for illicit methamphetamine manufacturing, 21 U.S.C. 853(q). Sec.751. Adds mandatory drug testing and sanction components to the drug No comparable provision. court grant program, 42 U.S.C. 3797u(c). Sec.752. Authorizes appropriations of $70 million for drug court grant No comparable provision. programs, 42 U.S.C. 3793(25). Sec.753. Instructs the Attorney General to study and report on the feasibility of No comparable provision. creating federal drug courts. Sec.754. Authorizes appropriations of $99 million for each of new 5 fiscal years No comparable provision. (2006 thru 2010) for grants for public safety and methamphetamine sale, use, and manufacturing "hot spots," 42 U.S.C. 3796cc-2. CRS-33 Present law H.R. 3199 (Conference Report) H.R. 3199 (Senate Passed(S. 1389)) Comments USA PATRIOT and Terrorism USA PATRIOT Improvement and Prevention Reauthorization Act of Reauthorization Act of 2005 2005 Combat Methamphetamine Epidemic Act of 2005 Sec.755. Authorizes appropriations of $20 million of each of the next 2 fiscal No comparable provision. years (2006 and 2007) for grants drug- endangered children programs, 42 U.S.C. 3799cc-1. Sec.756. Authorizes the Attorney General to establish a grant program to No comparable provision. address methamphetamine use by pregnant and parenting women offenders. ------------------------------------------------------------------------------ For other versions of this document, see http://wikileaks.org/wiki/CRS-RL33210