USA PATRIOT Improvement ad 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)

CRS Report for 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)
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.



PATRIOT Act Reauthorizations and Adjustments: Comparison of H.R. 3199 (Conference Report) and H.R. 3199
(Senate Passed (S. 1389))
Present lawH.R. 3199 (Conference Report)H.R. 3199 (Senate Passed(S. 1389))Comments
USA PATRIOT and TerrorismUSA PATRIOT Improvement and
Prevention Reauthorization Act ofReauthorization Act of 2005
2005
USA PATRIOT Act Reauthorization and Related Matters
der Section 224 of the USA PATRIOTSec. 102(a). (a) Repeals section 224 ofSec. 9(a). (a) Repeals section 224(a) of
t, 18 U.S.C. 2510 note, the followingthe USA PATRIOT Act (except as notedthe USA PATRIOT Act (except as noted
s of the Act expire on Decemberbelow all expiring sections madebelow all expiring sections made
permanent).permanent).
ec. 201 (wiretapping: terrorism
fenses)
ec. 202 (wiretapping: computer
fenses)
ec. 203(b)(wiretapping: sharing
iki/CRS-RL33210reign intell. info.)
g/wec. 203(d)(law enforcement sharingSec. 102(b). Postpones expiration of sec.Sec. 9(a).Postpones expiration of sec.
s.orreign intell.info.) 206 until December 31, 2009.206 until December 31, 2009.
leakec. 204 (ECPA foreign system pen
ister/trap & trace exception)
://wikiec. 206 (roving FISA wiretaps)
httpec. 207 (duration of FISA orders)
ec. 209 (access to stored voice mail)
ec. 212 (emergency access to e-mail)
ec. 213 (delayed notice of sneak &
)
ec. 214 (FISA pen register/trap &
Sec.102(b). Postpones expiration of sec.Sec.9(a). Postpones expiration of sec.
ec. 215 (FISA access to business215 until December 31, 2009.215 until December 31, 2009.
)
ec. 217 (computer trespasser
mmuni c a t i o ns)
ec. 218 (the wall)
ec. 220 (nation-wide service of ISP
)
ec. 223 (sanctions)
ec. 225 (FISA helper immunity)
6001 of the Intelligence ReformSec.103. Postpones expiration of sec.Sec.9(b). Postpones expiration of sec.
d Terrorism Prevention Act (IRTPA),6601until December 31, 2009. 6601until December 31, 2009.


ends the FISA definition ofagents of

Present lawH.R. 3199 (Conference Report)H.R. 3199 (Senate Passed(S. 1389))Comments
USA PATRIOT and TerrorismUSA PATRIOT Improvement and
Prevention Reauthorization Act ofReauthorization Act of 2005
2005
USA PATRIOT Act Reauthorization and Related Matters
oreign power” to include foreign
tionals preparing for or engaging in
rorist activities, 50 U.S.C.
), and expires on December
ion 6603 amends law relating to 18Sec.104. Makes sec. 6603 permanent.Sec.9(c). Makes sec. 6603 permanent.
S.C. 2339B (material support of terr.
g.) to clarify the definition ofmaterial
pport,” the knowledge element of the
e, its exterritorial reach, and to add
tain crimes to predicate offense list in
.S.C. 2339A(material support of
iki/CRS-RL33210rorist crimes) and to the list of federal
g/wmes of terrorism (18 U.S.C.
s.or)(5)(B); sec. 6603 expires on
leakber 31, 2006.
ion 207 of the USA PATRIOT ActSec.105. Extends the tenure of FISASec.3. Comparable provisions.
://wikitends the life time of FISA surveillancesurveillance and search orders to any
httpd search orders and extensions relatingagents of a foreign power who are not
on U.S. persons who are agents ofU.S. persons (e.g. lone wolf terrorists),
reign powers by virtue of their50 U.S.C. 1805(e), 1824(d).
ployment by foreign powers or theirExtends the life time of FISA pen
mbership in an international terroristregister/trap & trace orders and
oup, 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).
orders for access to tangible itemsSec.106(a). Orders for the production ofSec.7(c). Orders for the production of
ve no explicit exception for library,certain library, bookstore, firearm sales,certain library, bookstore, firearm sales,
store, or any other particulartax return, educational or medical recordsor medical records must be approved by
siness record, 50 U.S.C. 1861.must be approved by the FBI Director orthe FBI Director or Deputy Director, 50
Deputy Director or Executive AssistantU.S.C. 1861(a)((3).
Director, 50 U.S.C. 1861(a)((3).
ion 215 of the USA PATRIOT ActSec.106(b). Requires applications (A) toSec.7(a). Requires applications to
thorizes FISA orders for the productiondemonstrate reasonable grounds todemonstrate reasonable grounds to
tangible items for investigations tobelieve the tangible things sought arebelieve the information sought pertains



Present lawH.R. 3199 (Conference Report)H.R. 3199 (Senate Passed(S. 1389))Comments
USA PATRIOT and TerrorismUSA PATRIOT Improvement and
Prevention Reauthorization Act ofReauthorization Act of 2005
2005
USA PATRIOT Act Reauthorization and Related Matters
tain foreign intelligence informationrelevant to an investigation to protectto, or is relevant to the activities of, a
d to protect against internationalagainst internl terrorism or spying or toforeign power or agent of a foreign
sm and espionage, 50 U.S.C. 1861.obtain for.intell.info. not concerning apower, 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 agentagent of a foreign power, 50 U.S.C.
of a foreign power, or to the activities of1861(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
iki/CRS-RL33210minimization procedures, 50 U.S.C.1861(b)(2)
g/w
s.orSec.106(c). FISA access orders are issuedSec.7(a)(2). Comparable provision but
leakas requested or modified upon a findingthe application complies with statutorywithout the reference to minimizationstandards, 50 U.S.C. 1861(c).
://wikirequirements, and with directions toadhere to minimization requirements, 50
httpU.S.C. 1861(c).
Sec.106(d). Orders must contain aSec.7(b). Orders must contain a
particularized description of the itemsparticularized description of the items
sought, provide for a reasonable time tosought, provide for a reasonable time to
assemble them, notify recipients ofassemble them, notify recipients of
nondisclosure requirements, and benondisclosure requirements, and be
limited to things subject to a grand jurylimited to things subject to a grand jury
subpoena or order of a U.S. court forsubpoena, 50 U.S.C. 1861(c).
production, 50 U.S.C. 1861(c).
pients of section 215 FISA ordersSec.106(e). Also permits disclosure toSec.7(d). Also permits disclosure to theSec.4(a) (S. 2271). Replaces sec. 106(d)
y not disclose their existence orthe recipient’s attorney, and with FBIrecipient’s attorney, and with FBI(2) of the conference bill with a provision
tent except as necessary forapproval 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
pliance, 50 U.S.C. 1861(d).recipients may be required to notify therequest, to notify the FBI of those to
FBI of those to whom they intendwhom disclosure has been or is to be
disclose, but may not be required tomade, but requiring no notification of
provide notification of an intent to seekdisclosure or anticipated disclosure to the
legal assistance, 50 U.S.C. 1861(d)(2).recipients attorney, 50 U.S.C. 1861(d)



Present lawH.R. 3199 (Conference Report)H.R. 3199 (Senate Passed(S. 1389))Comments
USA PATRIOT and TerrorismUSA PATRIOT Improvement and
Prevention Reauthorization Act ofReauthorization Act of 2005
2005
USA PATRIOT Act Reauthorization and Related Matters
(2).
Sec.106(f). Authorizes recipients to seekSec.7(e), (b).Authorizes recipients toSec.3 (S. 2271). Adds to sec. 106(f) of
FISA court review of a FISA tangibleseek FISA court review of a FISAthe conference bill authority for
item order; the assigned judge maytangible item order; unlawful orders orrecipients to annually petition the FISA
dismiss the petition as frivolous, deny thegag orders and orders requiringcourt to quash or modify the gag orderst
petition, or modify or rescind the order ifproduction that could be quashed in the(after the 1 year of issuance); the court
it does not comply with the statute or iscase of a grand jury subpoenamay 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 andmay be modified or set aside; FISA courtsecurity, interfere with an investigation
S.Ct. review; authorizes the Chief Justicedecision is subject to Review Courtor diplomatic relations or endanger an
in consultation with the Attorney Generalreview and S.Ct. review; Authorizes theindividual; DoJ certification of such
and Director of National Intelligence toChief Justice in consultation with theadverse impact is conclusive in the
iki/CRS-RL33210establish security rules., 50 U.S.C.Attorney General and Director ofabsence of bad faith, 50 U.S.C. 1861(f).
g/w1803(e), 1861(f).National Intelligence to establish security
s.orrules, 50 U.S.C. 1861(f), (b)(2)(D).
leakSec.106(g). Directs the Attorney GeneralNo comparable provision.
to promulgate minimization standards for
://wikithe collection and dissemination of
httpinformation obtained through the use of
FISA tangible item orders, 50 U.S.C.
1861(g).
Requires observance of minimizationNo 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).
ion 215 requires the AttorneySec.106(h). Amends the provision toSec.7(f). Amends the provision to require
eral to fully inform the House andrequire annual reporting in bothannual reporting in both instances; adds
ate Intelligence Committees of allinstances; adds the Senate Judiciarythe Judiciary Committees to the list of
uests under the sections authorityCommittee to the recipients of fullrecipients of full reports; requires
ice a year, and to provide the Judiciaryreports; requires inclusion of statisticalinclusion of statistical information
mmittees with statistical reports oninformation concerning orders for theconcerning orders for the production of
s use twice a year, 50 U.S.C.production of certain library, book store,certain library, book store, firearm sales,
firearm sales, medical, tax, and medical, and tax records with the
educational records to the Judiciary andstatistical report to Congress and the



Present lawH.R. 3199 (Conference Report)H.R. 3199 (Senate Passed(S. 1389))Comments
USA PATRIOT and TerrorismUSA PATRIOT Improvement and
Prevention Reauthorization Act ofReauthorization 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 InspectorNo 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.
eral law permits communications Sec.107(a). Requires the AttorneySec.4(a). Comparable provision.
oviders to disclose the content of storedGeneral to report to the Judiciary
iki/CRS-RL33210ic communications withthorities in emergencies involving aCommittees annually on contentdisclosures under sec. 2702(b)(8).
g/wf serious injury and to disclose
s.orstomer records in emergenciesSec.107(b). Removes the immediacySec.4(b). Comparable provision.
leaklving an immediate risk of seriousrequirement from the record disclosure
ury, 18 U.S.C. 2702(b)(8), (c)(4).provision, 18 U.S.C. 2702(c)(4), anddefines federal and state departments and
://wiki
httpagencies as the governmental entities towhom record disclosures may be made,
18 U.S.C. 2711(4).
SA permits issuance of a surveillanceSec. 108(a). Makes it clear that the FISANo comparable provision.
der requires that the target becourt must find the prospect of thwart
tified or described, the nature andbased on specific facts in the application,
n of the facility or place under50 U.S.C. 1805(c)(2)(B).
rveillance be identified (if known), andNo comparable provision.Sec.2(a). Requires that the target be
ies ordered to assist bedescribed with particularity if his identity
ecifically identified (unless the target isand the nature and location of facilities or
ely to take steps to thwart theirplaces to be under surveillance are
tification)(roving wiretaps), 50unknown, 50 U.S.C. 1805(c)(1)(A).


S.C. 1805.

Present lawH.R. 3199 (Conference Report)H.R. 3199 (Senate Passed(S. 1389))Comments
USA PATRIOT and TerrorismUSA PATRIOT Improvement and
Prevention Reauthorization Act ofReauthorization Act of 2005
2005
USA PATRIOT Act Reauthorization and Related Matters
Sec. 108(b). Requires in no case laterSec.2(b). Requires within 10 days
than 10 days (with a good cause showingadditional notice, justifying and
within 60 days), notice, justifying andminimization information be given to the
minimization information be given theissuing FISA court when the execution of
issuing FISA court including the numbera FISA surveillance order becomes
of surveillances conducted or plannedroving.
when the execution of a FISA
surveillance order becomes roving.
Sec.108(c). Names the Senate JudiciarySec.2(c). Names Judiciary Committees as
Committee as a recipient of FISA reportsrecipients of FISA reports expanded to
expanded to include information oninclude information on roving
roving surveillance.surveillance.
iki/CRS-RL33210SA requires the Attorney General toSec.109(a). Requires the AttorneySec.10(b)(2). Requires the Attorney
g/wke full reports concerning FISA searchGeneral to make full reports to the SenateGeneral to make full reports to the House
s.orthority to the House and SenateJudiciary Committee as well and toand Senate Judiciary Committees as well
leakence committees and statisticaltransmit to the House Judiciaryand to include statistical information
to the House and Senate JudiciaryCommittee the statistical informationrelating to the use FISA emergency
://wikimmittees, 50 U.S.C. 1826.relating to the use FISA emergencysearch authority, proposed 50 U.S.C.
httpsearch authority, proposed 50 U.S.C.1826.
1826.
Sec.109(c). Directs the Department ofNo comparable provision.
Homeland Security to report twice a year
to the Judiciary Committees on the
internal affairs operations of the
Citizenship and Immigration Services.
SA is silent as to the rule makingSec.109(d). Authorizes the FISA courtsSec.10(a). Comparable provision.
thority of the FISA courts, 50 U.S.C.to establish rules and procedures for
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).
e federal statute outlaws trainSec.110. Merges sections 1992 and 1993No comparable provision.



Present lawH.R. 3199 (Conference Report)H.R. 3199 (Senate Passed(S. 1389))Comments
USA PATRIOT and TerrorismUSA PATRIOT Improvement and
Prevention Reauthorization Act ofReauthorization Act of 2005
2005
USA PATRIOT Act Reauthorization and Related Matters
ecking; 18 U.S.C. 1992; anotherinto a new section 1992; provides
tlaws attacks on mass transit, 18uniform penalty and jurisdictional
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.
eral law permits U.S. confiscation ofSec.111. Authorizes the confiscation ofNo comparable provision.
operty within U.S. jurisdiction derivedproperty within U.S. jurisdiction
m certain drug offenses committed inconstituting the proceeds from or used to
lation of foreign law, 18 U.S.C.facilitate the commission of any offense
it also permits U.S.which involves “trafficking in nuclear,
iki/CRS-RL33210fiscation of property associated withchemical, biological, or radiological
g/wtain terrorist offenses, 18 U.S.C.weapons technology or material” and
s.or).which is punishable under foreign law by
leakdeath or imprisonment for a termexceeding one year or would be so
://wikipunishable if committed within U.Sjurisdiction, amending 18 U.S.C. 981(a)
http (1)(B)(i).
imes designated as federal crimes ofSec.112. Adds 18 U.S.C. 2339D (relatingNo comparable provision.
sm (18 U.S.C. 2332b(g)(5)) triggerto military-type training from a foreign
plication of other federal laws, e.g.,terrorist organization) and 18 U.S.C. 832
.S.C. 1961(1)(g)(RICO predicates),(relating to nuclear and weapons of mass
l), 3286 (statute of limitations),destruction threats) to the list of federal
upervised release).crimes of terrorism, 18 U.S.C. 2332b(g)
(5)(B)(i).
eral law authorizes judiciallySec.113. Adds the following offenses toNo comparable provision.


pervised law enforcement interceptionthe wiretapping predicate offense list: 18
wire, oral or electronicU.S.C. 37(violence at international
mmunications (wiretapping) in theairports), 81 (arson), 175b (biological
estigation of certain crimes (predicateagents), 832 (nuclear and weapons of
fenses), 18 U.S.C. 2516(1). mass destruction threats), 930
(possession of weapons in federal
facilities), 956 (conspiracy to commit
violence overseas), 1028A (aggravated

Present lawH.R. 3199 (Conference Report)H.R. 3199 (Senate Passed(S. 1389))Comments
USA PATRIOT and TerrorismUSA PATRIOT Improvement and
Prevention Reauthorization Act ofReauthorization 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);
iki/CRS-RL3321049 U.S.C. 46504 (assault of a flight crewmember with a dangerous weapon),
g/w46503(b)(3),(c)(explosives abroad an
s.oraircraft), 18 U.S.C. 2516.
leakeral law authorizes delayedSec.114. Permits delays of no more thanSec. 5. Permits delays of no more than 7
://wikitification of the execution of a sneakd peek search warrant for a reasonable30 days (or a later date certain if the factsjustify) with 90 days extensions (ordays (or date certain if the facts justify)with 90 days extensions as the facts
httpriod of time (with the possibility oflonger if the facts justify).justify).
tensions) when disclosure may result inEliminates trial delay as a justification.Comparable provision.
ht, destruction of evidence,
idation of a witness, danger to an
vidual, serious jeopardy to an
estigation, or undue trial delay, 18Requires detailed annual, public reportsComparable provision.


S.C. 3103a.thru the Administrative Office of U.S.
Courts on use of the authority, 18 U.S.C.
3103a.

Present lawH.R. 3199 (Conference Report)H.R. 3199 (Senate Passed(S. 1389))Comments
USA PATRIOT and TerrorismUSA PATRIOT Improvement and
Prevention Reauthorization Act ofReauthorization Act of 2005
2005
USA PATRIOT Act Reauthorization and Related Matters
dicial review and enforcement ofSec.115. Authorizes judicial enforcementSec.8(a), (c). Amends 18 U.S.C. 2709 to
nal Security Letters (NSL):of NSLs; the court may quash or modifypermit judicial enforcement in U.S.
.S.C. 2709(b): No comparablea request if compliance would bedistrict court of orders under that section;
isions unreasonable, oppressive or otherwisethe court may quash or modify a request
.S.C. 1681v: No comparableunlawful, 28 U.S.C. 3511(a).if compliance would be unreasonable or
isions oppressive or violate any constitutional
.S.C. 1681u: FBI may seekor other legal right or privilege, 18
rmation through an ex parte courtU.S.C. 2709((a)(2).
.S.C. 3414(a)(5): No comparableSec.115. Recipients may petition to havenondisclosure orders lifted or modifiedSec.8(b). Recipients may petition to havenondisclosure orders lifted or modified at
isions once a year and petitions may be grantedany time and petitions may be granted
.S.C.436:No comparableupon a finding there is no reason toupon a finding there is no reason to
iki/CRS-RL33210isions.believe disclosure may endanger nationalbelieve disclosure may endanger national
g/wsecurity, or interfere with ansecurity, or interfere with an
s.orinvestigation or diplomatic relations, orinvestigation or diplomatic relations, or
leakendanger a life. Good faith certificationof such danger by senior agency officialsendanger a life. Good faith governmentalcertification of a danger of national
://wikiis conclusive, 28 U.S.C. 3511(b). security or interference with diplomaticrelations is conclusive, 18 U.S.C.
http 2709(c)(4).
Sec.115 Disobedience of the U.S. districtNo comparable provision.
courts order to respond to NSL is
punishable as contempt, 28 U.S.C.
3511(c).
Sec.115. Proceedings are closed (exceptSec. (d). Classified Information
contempt proceedings) and governmentProcedure Act provisions apply, 18
may request that its evidence beU.S.C. 2709((b),(c).
considered ex parte and in camera, 28
U.S.C. 3511(d),(e).
ndisclosure provisions:Sec.116. Amends the NSL statutes toNo comparable provision.Sec.4(b)-(e) (S. 2271). Amends the
.S.C. 2709: general prohibitionprovide for nondisclosure orders whenconference bill to add language to each
ainst disclosure; no explicit exceptions,the investigative agency determines thatSec.8. Amends 18 U.S.C. 2709 to permitNSL statute requiring recipients to notify
nalties for violation, or provisions forthe disclosure may endanger anydisclosure to: those necessary forthe authority issuing the letter and
mination individual or national security, orcompliance; an attorney for legal advice.identify the individuals to whom they
.S.C. 1681v: general prohibitioninterfere with diplomatic relations or ahave disclosed or will disclose the
ainst disclosure; no explicit exceptions,criminal or intelligence investigation.No comparable provision.request, but expressly providing that they



Present lawH.R. 3199 (Conference Report)H.R. 3199 (Senate Passed(S. 1389))Comments
USA PATRIOT and TerrorismUSA PATRIOT Improvement and
Prevention Reauthorization Act ofReauthorization Act of 2005
2005
USA PATRIOT Act Reauthorization and Related Matters
nalties for violation, or provisions forAmends the NSL statutes to permitare not required to identify their
mination disclosure to: those necessary forattorneys.
.S.C. 1681u: general prohibitioncompliance; an attorney for legal advice.
ainst disclosure; no explicit exceptions,Permits a requirement that recipients
nalties for violation, or provisions foradvise government authorities of any
minationanticipated disclosure but recipients may
.S.C. 3414(a)(5): general ban onnot be required to provide notification of
sure; no explicit exceptions,an intent to seek legal advice.
nalties for violation, or provisions for
mination
.S.C. 436(b): general ban on
sure; no explicit exceptions,
iki/CRS-RL33210nalties for violation, or provisions formination.
g/w
s.orSec.117. Violations of the nondisclosureNo comparable provision.
leakrequirements are punishable byimprisonment for not more than 1 year
://wiki(imprisonment for not more than 5 yearsif committed with an intent to obstruct),
http18 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).
orts to Congress:Sec.118. Requires that any reports to a
.S.C. 2709(e): Requires FBI reportsCongressional committee on NSLs shallNo comparable provision.


e Intelligence and Judiciaryalso be provided to the Judiciary
mmittees every six monthsCommittees.
.S.C. 1681v:No comparableRequires detailed reports on use of the
isions authority to the Judiciary Committees
.S.C. 1681u(h): Requires FBIand certain other jurisdictional
orts to the Intelligence and bankingcommittees.
mmittees every six months
.S.C. 3414(a)(5): No comparable

Present lawH.R. 3199 (Conference Report)H.R. 3199 (Senate Passed(S. 1389))Comments
USA PATRIOT and TerrorismUSA PATRIOT Improvement and
Prevention Reauthorization Act ofReauthorization Act of 2005
2005
USA PATRIOT Act Reauthorization and Related Matters
isions
.S.C. 436: No comparable
isions
Sec.119. Directs the DoJ Inspector
General to conducted a detailed audit ofNo 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.
deral law (18 U.S.C. 981(a)(1)(G))Sec.120. Changes the cross reference in
iki/CRS-RL33210thorizes the confiscation of propertyrived from or used to facilitatethe confiscation provision from section2331 defined international or domesticNo comparable provision.
g/wnational or domestic terrorism asterrorism to international or domestic
s.orined in 18 U.S.C. 2331 (which definesterrorism (as defined in 2332b(g)(5)(B)).
leakrorism generically: acts dangerous to
man life in violation of state or federal
://wikiinal law); an alternative definition,
httperal crimes of terrorism, lists specific
eral crimes that qualify for the
inition, 18 U.S.C. 2332b(g)(5) (B).
eral law prohibits trafficking inSec.121. Lowers the threshold to 10,000
traband cigarettes (i.e., more thancigarettes or 500 cans or packages ofNo comparable provision.
garettes without tax stamps), 18smokeless tobacco; and creates a federal
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.
eral law prohibits drug trafficking, 21Sec.122. Makes it a federal crime to
S.C. 841-971; and providing materialengage in drug trafficking for the benefitNo comparable provision.


pport for terrorists or designatedof a foreign terrorist organization or of a
st organizations, 18 U.S.C. 2339A,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.

Present lawH.R. 3199 (Conference Report)H.R. 3199 (Senate Passed(S. 1389))Comments
USA PATRIOT and TerrorismUSA PATRIOT Improvement and
Prevention Reauthorization Act ofReauthorization Act of 2005
2005
USA PATRIOT Act Reauthorization and Related Matters
uction of aircraft or their facilities isSec.123. Amends sec. 32 to outlaw
ederal crime, 18 U.S.C. 32.interfering with or disabling a pilot or airNo comparable provision.
navigation facility operator with intent to
endanger or with regardless disregard for
human safety.
provisions preclude the exerciseSec.124. Pronounces the sense of
authority in an investigation basedstCongress that federal criminalNo comparable provision.
lely upon the exercise of 1investigations should not be premised
endment protected rights, e.g., 50solely upon a citizens engaging in lawful
S.C. 1805(a)(3).political activity or membership in a non-
violent political organization.
iki/CRS-RL33210Sec.125. Establishes immunity from civilliability (other than gross negligence orNo comparable provision.
g/wintentional misconduct) for anyone who
s.ordonates fire equipment to a volunteer fire
leakcompany, other than a fire equipment
manufacturer or some one who has
://wikimodified or altered the equipment after
http recertification.
e Privacy Act regulates theSec.126. Instructs the Attorney General
vernment’s management of itsto report to Congress on the data-miningNo comparable provision.
ividually identifying system ofactivities conducted by the various
, 5 U.S.C. 552a.federal agencies and departments.
operty related to certain federal crimesSec.127. Expresses the sense of Congress
bject to confiscation by the U.S.,that the victims of terrorist attacks shouldNo comparable provision.
., 18 U.S.C. 981.have access to the assets forfeited.
A PATRIOT Act expands FISA penSec.128. Upon applicant request, requiresSec. 6. Comparable provision


ister authority to include electronicproviders to supply available customer
munications, 50 U.S.C. 1842, 1843. information relating to communications
SA requires full reports on use of FISAsubject to FISA pen register orders, 50
register authority to congressionalU.S.C. 1842(d)(2)(C).
ence committees twice a year, 50
S.C. 1846(a).Requires full reports to congressional
judiciary committees twice a year as
well, 50 U.S.C. 1846(a).

Present lawH.R. 3199 (Conference Report)H.R. 3199 (Senate Passed(S. 1389))Comments
USA PATRIOT and TerrorismUSA PATRIOT Improvement and
Prevention Reauthorization Act ofReauthorization Act of 2005
2005
Terrorism Death Penalty Enhancement
1974, Congress enacted air piracySec.211. Makes the 1994 procedures
islation with death penalty proceduresapplicable to post 1974, pre-1994 airNo comparable provision.
igned overcome the Eighthpiracy murder cases.
endment limitations that made other
eral capital punishment provisions
enforceable; in 1994 when Congress
acted legislation to revive capital
shment as a sentencing option in
eral capital cases generally it did not
pressly indicate whether the 1994
res were to apply to the cases that
ofore fall under the 1974
iki/CRS-RL33210islatio n.
g/wisting law authorizes imposition of aSec.212. Authorizes supervised release
s.orpervisory release term of any term offor any term of years or for life in casesNo comparable provision.
leak or for life in the case of convictionof federal crimes of terrorism, regardless
://wikir a federal crime of terrorism, if offenseolved a risk of serious bodily injury,of whether the offense involved a risk ofserious injury.
http.S.C. 3583(j).
ngress authorized imposition of theSec.221, 222. Repeals the drug king-pin
ath penalty in certain drug king-pincapital procedures of 21 U.S.C. 848;No comparable provision.


es in 1988, 21 U.S.C. 848; in 1994 ittransfers the provisions for counsel for
tablished general procedures for federalindigent death row habeas petitioners to
ital cases which differ slightly fromtitle 18, 18 U.S.C. 3599.
g provisions, 18 U.S.C. 3591-
subsection 848(q) provides
sistance of counsel for indigent death
w habeas petitioners.

Present lawH.R. 3199 (Conference Report)H.R. 3199 (Senate Passed(S. 1389))Comments
USA PATRIOT and TerrorismUSA PATRIOT Improvement and
Prevention Reauthorization Act ofReauthorization Act of 2005
2005
Reducing Crime and Terrorism at America’s Seaports
eral law outlaws the use of falseSec.302. Makes the section applicable to
ses to gain entry to the securedgaining entry to a seaport by falseNo comparable provision.
in an airport; violations arepretenses; increases the maximum
nishable by imprisonment for not morepenalty for false entry to imprisonment
5 years committed with the intent tofor not more than 10 years; provides a
mit a felony, 18 U.S.C. 1036.new definition of seaport (18 U.S.C. 26).
ious federal laws prohibit the failureSec.303. Outlaws failure to heave to or
eave to or otherwise obstructobstructing an authorized federal lawNo comparable provision.
ritime inspection under variousenforcement officer; violations are
mstances, e.g., 16 U.S.C. 2435,punishable by imprisonment for not more
forcement of the Antarcticthan 5 years and/or a fine of not more
iki/CRS-RL33210arine Living Resources Convention),than $250,000, 18 U.S.C. 2237.
g/wigh seas fishingpliance).
s.or
leakisting federal law proscribes violenceSec.304. Establishes a new criminal
://wikiainst maritime navigation, 18 U.S.C.rning or bombing vessels, 2275,offense prohibiting placing a dangerousdevice or substance in U.S. waters likelyNo comparable provision.


httptruction of property within U.S.to destroy or damage ships or interfere
ecial 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.

Present lawH.R. 3199 (Conference Report)H.R. 3199 (Senate Passed(S. 1389))Comments
USA PATRIOT and TerrorismUSA PATRIOT Improvement and
Prevention Reauthorization Act ofReauthorization Act of 2005
2005
Reducing Crime and Terrorism at America’s Seaports
deral law outlaws possession ofSec.305. Creates two new federal crimes,
ical agents, chemical weapons,18 U.S.C. 2283 (transporting explosive,No comparable provision.


ic weapons, nuclear material, eachbiological, chemical, or radioactive or
nishable by imprisonment for any termnuclear material aboard a vessel
years or for life, 18 U.S.C. 175, 229,believing they will be used to commit a
. 2272; aiding or abettingfederal crime of terrorism) and 18 U.S.C.
mission of a federal crime of2284 (transporting a terrorist aboard a
rorism which carries the samevessel believing the terrorist intends to
shment as the underlying offense, 18commit or is fleeing following the
S.C. 2; and harboring a terrorist, 18commission of a federal crime of
S.C. 2339 (punishable byterrorism); both offenses are punishable
prisonment for not more than 10by imprisonment for any term of years or
iki/CRS-RL33210). for life; the death penalty may be
g/wimposed for a violation of 18 U.S.C.
s.or2283 if death results.
leak
://wiki
http

Present lawH.R. 3199 (Conference Report)H.R. 3199 (Senate Passed(S. 1389))Comments
USA PATRIOT and TerrorismUSA PATRIOT Improvement and
Prevention Reauthorization Act ofReauthorization Act of 2005
2005
Reducing Crime and Terrorism at America’s Seaports
.S.C. ch. 111 outlaws damage orSec.306. Establishes a new chapter 111A
struction of vessels and maritimein title 18 relating to the destruction of, orNo comparable provision.
, e.g., 18 U.S.C. 2280 (violenceinterference with, vessels or maritime
ainst maritime navigation), 2275facilities which among other things:
urning or bombing vessels); othermakes violence — committed, attempted
statutes supply parallel coverageor conspired — against vessels or their
der some circumstances, e.g., 18facilities punishable by imprisonment for
S.C. 1363(damage or destruction ofnot more than 20 years (by imprisonment
operty within U.S. special maritimefor any term of years or life if the offense
isdiction), 81(arson within U.S. specialinvolves a vessel carrying high level
ritime jurisdiction), 844(i)(burning orradioactive waste or spent nuclear fuel; if
bing property used in interstate ordeath results, by imprisonment for any
iki/CRS-RL33210reign commerce); hoaxes relating toterm of years or for life or by death); and
g/wations of ch. 111 are punishable bymakes threats to do so punishable by
s.orprisonment for not more than 5 yearsimprisonment for not more than 5 years,
leakot more than 20 years if serious injuryproposed 18 U.S.C. 2291; makes related
lts and if death results, byhoaxes punishable by a civil fine of not
://wikiprisonment for any term of years or fore or by death), 18 U.S.C. 1038.more than $5000 or imprisonment for notmore than 5 years, proposed 18 U.S.C.
http2292; establishes U.S. jurisdiction over
offenses committed overseas when the
offender, victim, or vessel is an
American, proposed 18 U.S.C. 2290.
eral law prohibits theft from interstateSec.307(a). Increases the penalty from
foreign shipment; violations arenot more than 1 year to not more than 3No comparable provision.


nishable by imprisonment for not moreyears if the value of the stolen property is
10 years (not more 1 year if the$1000 or less; makes clear that theft from
lue of the stolen property is $1000 ortrailers, cargo containers, freight stations,
s), 18 U.S.C. 659.and warehouses are covered; makes clear
that the theft of goods awaiting
transshipment is also covered.

Present lawH.R. 3199 (Conference Report)H.R. 3199 (Senate Passed(S. 1389))Comments
USA PATRIOT and TerrorismUSA PATRIOT Improvement and
Prevention Reauthorization Act ofReauthorization Act of 2005
2005
Reducing Crime and Terrorism at America’s Seaports
terstate or foreign transportation of aSec.307(b)-(e). Expands the coverage of
vehicle or aircraft is punishable bythe federal law to cover the interstate orNo comparable provision.
prisonment for not more than 10 years,foreign transportation of a stolen vessel
.C. 2312; receipt of a stolenand receipt of a stolen vessel that has
hicle or aircraft that has beenbeen transported in interstate or overseas.
sported in interstate or foreignInstructs the U.S. Sentencing
merce carries the same penalty, 18Commission to review the sentencing
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
iki/CRS-RL33210report to Congress annually on law
g/wenforcement activities relating to theft
s.orfrom interstate or foreign shipments in
leakviolation of 18 U.S.C. 659.
://wikiaways on a vessel or aircraft arenishable by imprisonment for not moreSec.308. Increases the penalty forstowaways from not more than 1 year toNo comparable provision.


http 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.

Present lawH.R. 3199 (Conference Report)H.R. 3199 (Senate Passed(S. 1389))Comments
USA PATRIOT and TerrorismUSA PATRIOT Improvement and
Prevention Reauthorization Act ofReauthorization Act of 2005
2005
Reducing Crime and Terrorism at America’s Seaports
ibery of a federal official is punishableSec.309. Makes it a new federal crime to
imprisonment for not more than 15bribe any individual (private or public)No comparable provision.
, 18 U.S.C. 201; many federalwith respect to various activities within
m crimes carry maximumany secure or restricted area or seaport —
nalties of imprisonment for 20 years orwith the intent to commit international or
re, e.g., 18 U.S.C. 32 (destruction ofdomestic terrorism (18 U.S.C. 2331);
t, 20 years), 81 (arson, 25 years),violations are punishable by
eapons of mass destruction,imprisonment for not more than 15 years,
e); those who aid or abet their18 U.S.C. 226.
mission are subject to the same
nalties, 18 U.S.C. 2, as are
spirators, United States v.
iki/CRS-RL33210ton, 328 U.S. 640 (1946).
g/w general, smuggling is punishable bySec.310. Increases the penalty for
s.orprisonment for not more than 5 years,violations of section 545 (smuggling)No comparable provision.
leak.S.C. 545.from imprisonment for not more than 5
://wikiyears to imprisonment for not more than20 years.
http
e penalty for smuggling goods intoSec.311(a). Outlaws smuggling goods
reign countries by the owners,out of the U.S. in a new statuteNo comparable provision.


ors, or crew of a vessel ispunishable by imprisonment for not more
prisonment for not more than 5 years,than 10 years, 18 U.S.C. 554.
.S.C. 546. The same penalty applies
r smuggling goods into the U.S.
nerally, 18 U.S.C. 545, although
ion 312 above would increase the
ximum to imprisonment for not more
20 years. Other federal penalties
ply for smuggling or unlawfully
porting various specific goods or
terials out of the United States or into
er countries, e.g., bulk cash
uggling, 21 U.S.C. 953 (controlled
bstances), 553 (stolen motor vehicles).

Present lawH.R. 3199 (Conference Report)H.R. 3199 (Senate Passed(S. 1389))Comments
USA PATRIOT and TerrorismUSA PATRIOT Improvement and
Prevention Reauthorization Act ofReauthorization Act of 2005
2005
Reducing Crime and Terrorism at America’s Seaports
eral law prohibits laundering usingSec.311(c). Adds the new section, 18
from various predicateU.S.C. 554, to the money launderingNo comparable provisions.
fenses, 18 U.S.C. 1956, 1957; inpredicate offense list.
dition to other penalties the assets
olved are subject to confiscation, 18
S.C. 981(a)(1)(A).
eral law calls for the confiscation ofSec.311(d). Calls for the confiscation of
smuggled into the U.S. and ofgoods smuggled out of the U.S. and ofNo comparable provisions.
nveyances used to smuggle them, 19the property used to facilitate the
S.C. 1595a. smuggling, proposed 19 U.S.C. 1595a(d).
iki/CRS-RL33210deral law penalizes removing goods the custody of the Customs ServiceSec.311(e). Increases the penalty forremoving goods from the custody of theNo comparable provisions.


g/w imprisonment for not more than 2Customs Service from imprisonment for
s.or, 18 U.S.C. 549.not more than 2 years to imprisonment
leakfor not more than 10 years.
://wiki
http

Present lawH.R. 3199 (Conference Report)H.R. 3199 (Senate Passed(S. 1389))Comments
USA PATRIOT and TerrorismUSA PATRIOT Improvement and
Prevention Reauthorization Act ofReauthorization Act of 2005
2005
Combating Terrorism Financing
olations of the Emergency EconomicSec.402. Increases the maximum term of
wers Act which outlaws violations ofimprisonment to not more than 20 yearsNo comparable provision.
esidential orders issued under the Actand changes the maximum civil penalty
ding but not limited to those that barto $50,000, 50 U.S.C. 1705.
ancial dealings with designated
rorist and terrorist groups are
nishable by a civil penalty of not more
$10,000 and by imprisonment for
t more than 10 years, 50 U.S.C. 1705.
eral law imposes severe penalties (upSec.403. Adds 18 U.S.C. 1960 (money
ears imprisonment) for acquiringtransmitters) to the RICO list andNo comparable provision.


iki/CRS-RL33210 operating an enterprise through thetern commission of any of a series ofconsequently to the money launderingpredicate offense list.
g/wcate offenses, 18 U.S.C. 1961-1965
s.orICO).
leakeral law also proscribes laundering
://wiki of any of a series ofcate offenses, 18 U.S.C. 1956, 1957. Amends the money laundering statute toprovide a clear statement of the relative
httpnfiscation is a consequence of a RICOinvestigative jurisdiction of various
money laundering violation, 18 U.S.C.federal agencies, 18 U.S.C. 1956(e),
he proceeds from such1957(e).
fiscation are available to
ionately to the arresting and
ecuting agencies, 28 U.S.C. 524(c).

Present lawH.R. 3199 (Conference Report)H.R. 3199 (Senate Passed(S. 1389))Comments
USA PATRIOT and TerrorismUSA PATRIOT Improvement and
Prevention Reauthorization Act ofReauthorization Act of 2005
2005
Combating Terrorism Financing
e property derived from or used toSec.404. Authorizes the confiscation of
tain terrorist offensesproperty located within the U.S. of anNo comparable provision.
mmitted against the U.S. is subject toindividual or entity planning or
fiscation, 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 provisions
iki/CRS-RL33210reach at least in some instances to
g/wproperty derived from or used to
s.orfacilitate the misconduct, U.S.Const. Art.
leakIII, §3, cl.2, Amend. V.
://wikieral law prohibits laundering the from various predicate offenses,Sec.405. Outlaws each of anydependenttransactions” relating to a moneyNo comparable provision.
http. 1956, 1957; in addition tolaundering transaction (and thus subjects
er penalties the assets involved arethe assets involved to confiscation in
bject to confiscation, 18 U.S.C.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).
money laundering confiscation casesSec. 406(a)(2). Amends subsection
olving property owned by a foreign1956(b) apparently to permit pre-trialNo comparable provision.


on, federal law permits the federalrestraining orders and federal receivers
urt with jurisdiction over the foreignregardless of whether the property owner
y owner to issue a pre-trialif foreign or American.
training order and appoint a federal
er prior to adjudicating the merits
the confiscation, 18 U.S.C.

Present lawH.R. 3199 (Conference Report)H.R. 3199 (Senate Passed(S. 1389))Comments
USA PATRIOT and TerrorismUSA PATRIOT Improvement and
Prevention Reauthorization Act ofReauthorization Act of 2005
2005
Combating Terrorism Financing
eral law allows the substitution ofSec. 406(a)(4). Makes it clear that
eld in this country by a foreignsubsection 981(k) applies to foreignNo comparable provision.
k with overseas accounts containingfinancial institutions and not just foreign
rfeitable assets, 18 U.S.C. 981(k). banks.
order to avoid either arguable Sec. 406(b). Enacts subsections 316(a),
nstitutional infirmity or the more(b), and (c) as part of title 18, 18 U.S.C.No comparable provision.
nerous coverage of otherwise987.
icable procedures, section 316 of the
PATRIOT Act establishes certain
ocedural rights relating to property
ized for confiscation as the assets of
iki/CRS-RL33210national terrorists.
g/weral law prohibits the destruction orSec. 406(c). Amends section 33 so that
s.orpted destruction of commercialconspiracy to violate its provisions carryNo comparable provision.
leaktor vehicles or their facilities andthe same 20 year maximum penalty as
://wikinishes violations by imprisonment fort more than 20 years, 18 U.S.C. 33; thethe underlying violations.
httpneral conspiracy statute punishes
spiracy to the violate the provision by
prisonment for not more than 5 years,
.S.C. 371.
.S.C. 5318(n)(4) (A) contains anSec.407. In 31 U.S.C. 5318(n)(4)(A)
plete cross reference. changes National Intelligence ReformNo comparable provision.
Act of 2004 to National Intelligence
Reform and Terrorism Prevention Act of
2004.
6604 of the Intelligence ReformSec.408. Amends section 6604 to change
d Terrorist Prevention Act contains2339c(c)(2) to 2339C(c)(2) and 2339c(e)No comparable provision.


raphical errors.to 2339C(e).

Present lawH.R. 3199 (Conference Report)H.R. 3199 (Senate Passed(S. 1389))Comments
USA PATRIOT and TerrorismUSA PATRIOT Improvement and
Prevention Reauthorization Act ofReauthorization Act of 2005
2005
Combating Terrorism Financing
eral law prohibits laundering theSec.409. Adds receipt of foreign terrorist
of various predicate offenses,military training to the list of moneyNo comparable provision.
. 1956, 1957; in addition tolaundering predicate offenses.
er penalties the assets involved are
bject to confiscation, 18 U.S.C.
); it also outlaws the receipt
foreign terrorist military training, 18
S.C. 2339D.
eral law calls for the confiscation ofSec.410. Gives the government the
operty related to various criminaloption of processing civil forfeitures asNo comparable provision.


fenses; in some instances procedure ispart of the criminal proceedings against
iki/CRS-RL33210il, in others it is criminal, e.g., 21S.C. 881, 853. the property owner, 28 U.S.C. 2461(c).
g/w
s.or
leak
://wiki
http

Present lawH.R. 3199 (Conference Report)H.R. 3199 (Senate Passed(S. 1389))Comments
USA PATRIOT and TerrorismUSA PATRIOT Improvement and
Prevention Reauthorization Act ofReauthorization Act of 2005
2005
Miscellaneous Provisions
ited States Attorneys are required toSec.501. Permits the Attorney General or
e in the district for which they arehis designee to assign U.S. Attorneys toNo comparable provision.
nted as a general rule, 28 U.S.C.additional responsibilities exempting
them from the residency requirement, 28
U.S.C. 545.
isting law permits the AttorneySec.502. Eliminates the authority of the
eral to temporarily fill a U.S.court and allows the temporary U.S.No comparable provision.
ey vacancy, if after 120 days aAttorney to serve until confirmation of a
anent replacement has not beenreplacement, 28 U.S.C. 546.
firmed, the district court is
powered to name a temporary U.S.
iki/CRS-RL33210rney to serve until one is confirmed,.S.C. 546.
g/w
s.ore heads of various federal departmentsSec.503. Adds the Secretary of the
leakme within the line of presidentialDepartment of Homeland Security to theNo comparable provision.
://wikiccession, 3 U.S.C. 19(d)(1).line of presidential succession, 3 U.S.C.19(d)(1).
http
e heads of various federal agencies areSec.504. Makes the Director of the
bject to nomination and appointmentBureau of Alcohol, Tobacco, Firearms,No comparable provision.
llowing advice and consent of theand Explosives an advice and consent
ate, U.S. Const. Art.II, §2. cl.2.position, 6 U.S.C. 531(a)(2).
ited States Marshals are appointed forSec.505. Sets minimum statutory
arious federal districts, 28 U.S.C.qualifications for U.S. Marshals, 28No comparable provision.
U.S.C. 561.
e DoJ components are creatures ofSec.506. Creates a National Security
ute, e.g., 28 U.S.C. 531 (F.B.I.); mostDivision headed by a statutory AssistantNo comparable provision.


ot.Attorney General for National Security
within DoJ, 28 U.S.C. 507A, 506, 509A,
etc.

Present lawH.R. 3199 (Conference Report)H.R. 3199 (Senate Passed(S. 1389))Comments
USA PATRIOT and TerrorismUSA PATRIOT Improvement and
Prevention Reauthorization Act ofReauthorization Act of 2005
2005
Miscellaneous Provisions
isting federal law affords qualifiedSec.507. Permits the Attorney General
an alternative procedures forrather than the courts to certifyNo comparable provision.


ital habeas cases; qualification isqualification under amended procedures,
cated on the level of appointed28 U.S.C. 2261, 2265.
nsel provided indigents in capital
es; no state has yet qualified, 28
S.C. 2265.
iki/CRS-RL33210
g/w
s.or
leak
://wiki
http

Present lawH.R. 3199 (Conference Report)H.R. 3199 (Senate Passed(S. 1389))Comments
USA PATRIOT and TerrorismUSA PATRIOT Improvement and
Prevention Reauthorization Act ofReauthorization Act of 2005
2005
Secret Service
eral law prohibits disorderly conductSec.602. Adds interference withspecial
federal property, and trespassing insecurity events” to the list of sectionNo comparable provision.
where the persons under Secret1752 offenses; increases the penalty to
ice protection are visiting orimprisonment of not more than 1 year
ding; offenders are punishable by(not more than 10 years if the offender
prisonment for not more than 6uses or carries firearm, deadly or
nths, 18 U.S.C. 1752.dangerous weapon), 18 U.S.C. 1752 .
ederal crime to possess falseSec.603. Outlaws possession of
vernment credentials, identificationidentification, credentials, or passesNo comparable provision.
ments, or passes; the offense isissued by the sponsors of an event the
nishable bv imprisonment for not morePresident has designated at a “special
iki/CRS-RL33210 1 year (for not more than 20 years ifffense is committed in connectionevent of national significance;” offendersare subject to the penalties under 18
g/w a crime of violence or a drugU.S.C. 1028.
s.orfenses; for not more than 30 years if
leakmmitted in furtherance of act of
://wikimestic or international terrorism), 18S.C. 1028.
http
ice officers and employees areSec.604. Amends subsection 3056(f) to
thorized to provide missing childrenprovide that the “Secret Service” ratherNo comparable provision.
sistance under some circumstances, 18thanofficers and employees of the
S.C. 3056(f). Secret Service” may provide such
assistance, 18 U.S.C. 3056(f).
e United States Secret ServiceSec.605. Transfers and revises the
iform Division is a creature of statute,Divisions organic act, 18 U.S.C. 3056A.No comparable provision.
.S.C. ch. 3.
Sec.606. Makes it clear that the transfer
and revisions do not affect certainNo comparable provision.


retirement benefits or certain authority of
the Secretary of State.

Present lawH.R. 3199 (Conference Report)H.R. 3199 (Senate Passed(S. 1389))Comments
USA PATRIOT and TerrorismUSA PATRIOT Improvement and
Prevention Reauthorization Act ofReauthorization Act of 2005
2005
Secret Service
Sec.607. Statutorily provides that the
Secret Service is a distinct entity withinNo comparable provision.
the Department of Homeland Security,
18 U.S.C. 3056(g).
Sec.608. Exempts the Advisory
Committee Regarding Protection ofNo 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.
iki/CRS-RL33210
g/w
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://wikiPresent lawH.R. 3199 (Conference Report)USA PATRIOT and TerrorismH.R. 3199 (Senate Passed(S. 1389))USA PATRIOT Improvement and Comments
httpPrevention Reauthorization Act ofReauthorization Act of 2005
2005
Combat Methamphetamine Epidemic Act of 2005
isting law permits over the counterSec.711(a),(b). Limits sales to 3.6 grams
les of nonpresecription medicinesof EPP products per day, per customer,No comparable provision.
taining ephedrine, pseudoephedrine,21 U.S.C. 830(d).
enylpropanolamine (EPP) in
ounts up to 9 grams, 21U.S.C.
Sec.711(b). EPP products must be kept
behind the counter” and customers mustNo 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).

Present lawH.R. 3199 (Conference Report)H.R. 3199 (Senate Passed(S. 1389))Comments
USA PATRIOT and TerrorismUSA PATRIOT Improvement and
Prevention Reauthorization Act ofReauthorization 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 perNo comparable provision.
month per customer, 21 U.S.C. 830(e).
Sec.711(d). The Attorney General may
waive the limits and requirements ofNo 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
iki/CRS-RL33210are punishable under 18 U.S.C. 1001(imprisonment for not more than 5No comparable provision.
g/wyears); violations of the EPP restrictions
s.orare punishable under the civil and
leakcriminal penalties to which registrants are
://wikisubject, 21 U.S.C. 842.
httpSec.711(g). Preserves state regulatory
authority.No comparable provision.
Sec.712. Conforming amendments so
that EPP products are treated like listedNo comparable provision.
chemicals, 21 U.S.C. 802.
Sec.713. Authorizes the Attorney
General to establish EPP productionNo comparable provision.
quotas, 21 U.S.C. 826.
Sec.714. Includes EPP quota violations
with other controlled substance quotaNo comparable provision.
violations, 21 U.S.C. 842.
Sec.715. Authorizes the Attorney
General to set EPP import quotas, 21No comparable provision.


U.S.C. 952.

Present lawH.R. 3199 (Conference Report)H.R. 3199 (Senate Passed(S. 1389))Comments
USA PATRIOT and TerrorismUSA PATRIOT Improvement and
Prevention Reauthorization Act ofReauthorization 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 toNo comparable provision.
related EPP violations, 21 U.S.C.
iki/CRS-RL33210960(d)(6).
g/wSec.718. Instructs the Attorney General
s.orto confer with the U.S. TradeNo comparable provision.
leakRepresentative to ensure compliance with
://wikiU.S. international treaty and agreementobligations.
http
Sec.721. Permits the Attorney General to
require importers to disclose a “chain ofNo 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 toNo 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.

Present lawH.R. 3199 (Conference Report)H.R. 3199 (Senate Passed(S. 1389))Comments
USA PATRIOT and TerrorismUSA PATRIOT Improvement and
Prevention Reauthorization Act ofReauthorization Act of 2005
2005
Combat Methamphetamine Epidemic Act of 2005
Sec.723. Directs the Secretary of State to
take action to prevent methamphetamineNo comparable provision.
smuggling from Mexico and report on
the effort.
Sec.731. Adds a term of imprisonment
of not more than 15 years to theNo comparable provision.
otherwise applicable penalties for
smuggling methamphetamine into the
U.S. using quick entry border procedures.
ltivating a controlled substance onSec.732. Makes the prohibition
iki/CRS-RL33210 property subjects the offender to additional fine of not more thanapplicable to manufacturing on federalland as well, 21 U.S.C. 841(b)(5).No comparable provision.
g/w.S.C. 841(b)(5).
s.or
leake mandatory life imprisonmentSec.733. Reduces the thresholds when
nalties for drug kingpins apply whenmethamphetamine is involved to 200No comparable provision.
://wikifense involves 300 times thetimes or $5 million, 21 U.S.C. 848.
httpount of drugs punishable as trafficking
$10 million in receipts a year, 21
S.C. 848.
Sec.734. Adds a term of imprisonment of
not more than 20 years to the alreadyNo 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 sentencingNo comparable provision.
reporting requirements for federal judges,
28 U.S.C. 994(w).
Sec.736. Requires the Attorney General
to report twice a year onNo comparable provision.


methamphetamine enforcement efforts.

Present lawH.R. 3199 (Conference Report)H.R. 3199 (Senate Passed(S. 1389))Comments
USA PATRIOT and TerrorismUSA PATRIOT Improvement and
Prevention Reauthorization Act ofReauthorization Act of 2005
2005
Combat Methamphetamine Epidemic Act of 2005
Sec.741. Requires the Secretary of
Transportation to report on theNo 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 toNo comparable provision.
report under the Solid Waste Disposal
Act on methamphetamine product waste,
42 U.S.C. 6921.
iki/CRS-RL33210Sec.743. Authorizes imposition of
g/wrestitution orders to cover clean up costsNo comparable provision.
s.orfor illicit methamphetamine
leakmanufacturing, 21 U.S.C. 853(q).
://wikiSec.751. Adds mandatory drug testing
httpand sanction components to the drugNo comparable provision.
court grant program, 42 U.S.C. 3797u(c).
Sec.752. Authorizes appropriations of
$70 million for drug court grantNo comparable provision.
programs, 42 U.S.C. 3793(25).
Sec.753. Instructs the Attorney General
to study and report on the feasibility ofNo comparable provision.
creating federal drug courts.
Sec.754. Authorizes appropriations of
$99 million for each of new 5 fiscal yearsNo comparable provision.


(2006 thru 2010) for grants for public
safety and methamphetamine sale, use,
and manufacturinghot spots,” 42 U.S.C.
3796cc-2.

Present lawH.R. 3199 (Conference Report)H.R. 3199 (Senate Passed(S. 1389))Comments
USA PATRIOT and TerrorismUSA PATRIOT Improvement and
Prevention Reauthorization Act ofReauthorization Act of 2005
2005
Combat Methamphetamine Epidemic Act of 2005
Sec.755. Authorizes appropriations of
$20 million of each of the next 2 fiscalNo 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 toNo comparable provision.


address methamphetamine use by
pregnant and parenting women offenders.
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