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)
December 28, 2005
Brian T. Yeh
Legislative Attorney
American Law Division
Charles Doyle
Senior Specialist
American Law Division
Congressional Research Service ˜ The Library of Congress

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USA PATRIOT Improvement and Reauthorization Act
of 2005 (H.R. 3199): A Side-by-Side Comparison of
Existing Law, H.R. 3199 (Conference),
and H.R. 3199 (Senate Passed)
Summary
By virtue of Section 224 of the USA PATRIOT Act, P.L. 107-56 (2001), several
of the act’s amendments to the Foreign Intelligence Surveillance Act, 50 U.S.C.
1801-1862, and the Electronic Communications Privacy Act, 18 U.S.C. 2510-2522,
2701-2712, 3121-3127, were scheduled to expire on December 31, 2005, 115 Stat.
295 (2001). S. 2167 postpones the expiration dates of those provisions and of
Section 6001 of the Intelligence Reform and Terrorism Prevention Act of 2004
(“lone wolf” amendment), 118 Stat. 3742 (2004), until February 3, 2006.
The version of the USA PATRIOT Improvement and Reauthorization Act of
2005, H.R. 3199, which the Senate sent to conference, primarily addresses the
provisions scheduled to expire and related matters such as the issuance of “national
security letters” under 18 U.S.C. 2709. The version of H.R. 3199 upon which the
conferees agreed represents a compromise between the Senate version and the
version passed by the House. The conference bill also contains provisions, amended
by the conferees in several instances, that originated in the House but that in some
cases have been considered in the Senate under separate legislative proposals. These
include sections relating to the death penalty, seaport security, combating terrorism
financing, and methamphetamine abuse.
No subsequent revision of this report is anticipated at this time. Related CRS
reports include CRS Report RS22348, USA PATRIOT Improvement and
Reauthorization Act of 2005 (H.R. 3199): A Brief Look, by Brian T. Yeh and Charles
Doyle.

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Contents
USA PATRIOT Act Reauthorization and Related Matters . . . . . . . . . . . . . . 2
Terrorist Death Penalty Enhancement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Reducing Crime and Terrorism at America’s Seaports . . . . . . . . . . . . . . . . 15
Combating Terrorism Financing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Miscellaneous Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Secret Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Combat Methamphetamine Epidemic Act of 2005 . . . . . . . . . . . . . . . . . . . 26

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

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CRS-1
USA PATRIOT ACT REAUTHORIZATIONS & ADJUSTMENTS:
COMPARISON OF H.R. 3199 (CONFERENCE REPORT) AND H.R. 3199 (SENATE PASSED S. 1389))
Present law
H.R. 3199 (Conference Report)
H.R.3199 (Senate Passed S.1389)
Comments
USA PATRIOT Act Reauthorization and Related Matters
USA PATRIOT and
USA PATRIOT
Terrorism
Prevention
Improvement and
Reauthorization Act of 2005
Reauthorization Act of 2005
Under Section 224 of
Sec. 102(a). (a) Repeals section 224 of
Sec. 9(a). (a) Repeals section 224(a) of
the USA PATRIOT Act, 18 U.S.C.
the USA PATRIOT Act (except as
the USA PATRIOT Act (except as
2510 note, the following sections of
noted below all expiring sections made
noted below all expiring sections made
the Act expire on December 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
foreign intell.info.)
Sec. 204 (ECPA foreign system pen
register/trap & trace exception)
Sec. 206 (roving FISA wiretaps)
Sec. 102(b). Postpones expiration of
Sec. 9(a).
Postpones expiration of
Sec. 207 (duration of FISA orders)
sec. 206 until December 31, 2009.
sec. 206 until December 31, 2009.
Sec. 209 (access to stored voice mail)
Sec. 212 (emergency access to e-
mail)
Sec. 213 (delayed notice of sneak &
peek)
Sec. 214 (FISA pen register/trap &
trace)
Sec. 215 (FISA access to business
Sec.102(b). Postpones expiration of
Sec.9(a). Postpones expiration of sec.
records)
sec. 215 until December 31, 2009.
215 until December 31, 2009.
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)

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CRS-2
Present Law
H.R. 3199 (Conference Report)
H.R. 3199 (Senate Passed S. 1389)
Comments
Section 6001 of the
Sec.103. Postpones expiration of sec.
Sec.9(b). Postpones expiration of sec.
Intelligence Reform and Terrorism
6601until December 31, 2009.
6601until December 31, 2009.
Prevention Act (IRTPA), amends the
FISA definition of “agents of a foreign
power” to include foreign nationals
preparing for or engaging in terrorist
activities, 50 U.S.C. 1801(b)(1)(C),
and expires on December 31, 2005.
Section 6603 amends
Sec.104. Makes sec. 6603 permanent.
Sec.9(c). Makes sec. 6603 permanent.
law relating to 18 U.S.C. 2339B
(material support of terr. org.) to
clarify the definition of “material
support,” the knowledge element of the
crime, its exterritorial reach, and to add
certain crimes to predicate offense list
in 18 U.S.C. 2339A(material support
of terrorist crimes) and to the list of
federal crimes of terrorism (18 U.S.C.
2332b(g)(5)(B); sec. 6603 expires on
December 31, 2006.
Section 207 of the
Sec.105. Extends the tenure of FISA
Sec.3. Comparable provisions.
USA PATRIOT Act extends the life
surveillance and search orders to any
time of FISA surveillance and search
agents of a foreign power who are not
orders and extensions relating to non
U.S. persons (e.g. lone wolf terrorists),
U.S. persons who are agents of foreign
50 U.S.C. 1805(e), 1824(d).
powers by virtue of their employment
Extends the life time of FISA
by foreign powers or their membership
pen register/trap & trace orders and
in an international terrorist group, 50
extensions from 90 days to 1 year
U.S.C. 1805(e), 1824(d).
when the information to be obtained
does not involve a U.S. person, 50
U.S.C. 1842(e)(2).

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CRS-3
Present Law
H.R. 3199 (Conference Report)
H.R. 3199 (Senate Passed S. 1389)
Comments
FISA orders for
Sec.106(a). Orders for the production
Sec.7(c). Orders for the production of
access to tangible items have no
of certain library, bookstore, firearm
certain library, bookstore, firearm
explicit exception for library,
sales, tax return, educational or
sales, or medical records must be
bookstore, or any other particular
medical records must be approved by
approved by the FBI Director or
business record, 50 U.S.C.1861.
the FBI Director or Deputy Director or
Deputy Director, 50 U.S.C.
Executive Assistant Director, 50
1861(a)((3).
U.S.C. 1861(a)((3).
Section 215 of the
Sec.106(b). Requires applications (A)
Sec.7(a). Requires applications to
USA PATRIOT Act authorizes FISA
to demonstrate reasonable grounds to
demonstrate reasonable grounds to
orders for the production of tangible
believe the tangible things sought are
believe the information sought pertains
items for investigations to obtain
relevant to an investigation to protect
to, or is relevant to the activities of, a
foreign intelligence information and to
against intern’l terrorism or spying or
foreign power or agent of a foreign
protect against international terrorism
to obtain for.intell.info. not concerning
power, or pertains to an individual in
and espionage, 50 U.S.C. 1861.
a U.S. person; relevancy is presumed if
contact with or known to a suspected
they pertain to a foreign power or
agent of a foreign power, 50 U.S.C.
agent of a foreign power, or to the
1861(b)(2).
activities of a suspected agent of a
foreign power who is the target of the
investigation, or to an individual in
contact with or known to a suspected
agent of a foreign power who is the
target of the investigation, and (B) to
i n c l u d e a n e n u me r a t i o n o f
minimization procedures, 50 U.S.C.
1861(b)(2)
Sec.106(c). FISA access orders are
Sec.7(a)(2). Comparable provision but
issued as requested or modified upon a
without the reference to minimization
finding the application complies with
standards, 50 U.S.C. 1861(c).
statutory requirements, and with
directions to adhere to minimization
requirements, 50 U.S.C. 1861(c).

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CRS-4
Present Law
H.R. 3199 (Conference Report)
H.R. 3199 (Senate Passed S. 1389)
Comments
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
sought, provide for a reasonable time
to assemble them, notify recipients of
to 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
Sec.106(e). Also permits disclosure to
Sec.7(d). Also permits disclosure to the
215 FISA orders may not disclose their
the recipient’s attorney, and with FBI
recipient’s attorney, and with FBI
existence or content except as
approval to others; recipients may be
approval to others, 50 U.S.C. 1861(d).
necessary for compliance, 50 U.S.C.
required to notify the FBI of those to
1861(d).
whom they intend disclose, but may
not be required to provide notification
of an intent to seek legal assistance , 50
U.S.C. 1861(d).
Sec.106(f). Authorizes recipients to
Sec.7(e), (b).
A u t h o r i z e s
seek FISA court review of a FISA
recipients to seek FISA court review of
tangible item order; the assigned judge
a FISA tangible item order; unlawful
may dismiss the petition as frivolous,
orders or gag orders and orders
deny the petition, or modify or rescind
requiring production that could be
the order if it does not comply with the
quashed in the case of a grand jury
statute or is otherwise unlawful; FISA
subpoena (unreasonable, oppressive, or
court decision is subject to Review
privileged) may be modified or set
Court review and S.Ct. review;
aside; FISA court decision is subject to
authorizes the Chief Justice in
Review Court review and S.Ct. review;
consultation with the Attorney General
Authorizes the Chief Justice in
and Director of National Intelligence to
consultation with the Attorney General
establish security rules., 50 U.S.C.
and Director of National Intelligence to
1803(e), 1861(f).
establish security rules, 50 U.S.C.
1861(f), (b)(2)(D).

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CRS-5
Present Law
H.R. 3199 (Conference Report)
H.R. 3199 (Senate Passed S. 1389)
Comments
Sec.106(g). Directs the Attorney
General to promulgate minimization
No comparable provision.
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
Sec.106(h). Amends the provision to
Sec.7(f). Amends the provision to
the Attorney General to fully inform
require annual reporting in both
require annual reporting in both
the House and Senate Intelligence
instances; adds the Senate Judiciary
instances; adds the Judiciary
Committees of all requests under the
Committee to the recipients of full
Committees to the list of recipients of
section’s authority twice a year, and to
reports; requires inclusion of statistical
full reports; requires inclusion of
provide the Judiciary Committees with
information concerning orders for the
statistical information concerning
statistical reports on section’s use twice
production of certain library, book
orders for the production of certain
a year, 50 U.S.C. 1862.
store, firearm sales, medical, tax, and
library, book store, firearm sales,
educational records to the Judiciary
medical, and tax records with the
and Intelligence Committees, 50
statistical report to Congress and the
U.S.C. 1862.
Administrative of U.S. Courts, 50
U.S.C. 1862.
Sec.106A. Provides for DoJ Inspector
General audit (with detailed
No comparable provision.
r e q u i r e m e n t s ) t o d e t e r m i n e
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.

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CRS-6
Present Law
H.R. 3199 (Conference Report)
H.R. 3199 (Senate Passed S. 1389)
Comments
Federal law permits
Sec.107(a). Requires the Attorney
Sec.4(a). Comparable provision.
communications providers to disclose
General to report to the Judiciary
the content of stored electronic
Committees annually on content
communications with authorities in
disclosures under sec. 2702(b)(8).
emergencies involving a risk of serious
injury and to disclose customer records
Sec.107(b). Removes the immediacy
Sec.4(b). Comparable provision.
in emergencies involving an immediate
requirement from the record disclosure
risk of serious injury, 18 U.S.C.
provision, 18 U.S.C. 2702(c)(4), and
2702(b)(8), (c)(4).
defines federal and state departments
and agencies as the governmental
entities to whom record disclosures
may be made, 18 U.S.C. 2711(4).
F I S A p e r m i t s
Sec. 108(a). Makes it clear that the
issuance of a surveillance order
FISA court must find the prospect of
No comparable provision.
requires that the target be identified or
thwart based on specific facts in the
described, the nature and location of
application, 50 U.S.C. 1805(c)(2)(B).
Sec.2(a). Requires that the target be
the facility or place under surveillance
described with particularity if his
be identified (if known), and the 3d
No comparable provision.
identity and the nature and location of
parties ordered to assist be specifically
facilities or places to be under
identified (unless the target is likely to
surveillance are unknown, 50 U.S.C.
t a k e s t e p s t o t h wa r t t h e i r
1805(c)(1)(A).
identification)(roving wiretaps), 50
Sec. 108(b). Requires in no case later
Sec.2(b). Requires
within
10
days
U.S.C. 1805.
than 10 days
(with a good cause
additional notice, justifying and
showing within 60 days), notice,
minimization information be given to
j u s t i f y i n g a n d mi n i mi z a t i o n
the issuing FISA court when the
information be given the issuing FISA
execution of a FISA surveillance order
court including the number of
becomes roving.
surveillances conducted or planned
when the execution of a FISA
surveillance order becomes roving.
Sec.108(c) . Names the Senate
Sec.2(c). Names Judiciary Committees
Judiciary Committee as a recipient of
as recipients of FISA reports expanded
FISA reports expanded to include
to include information on roving
information on roving surveillance.
surveillance.

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CRS-7
Present Law
H.R. 3199 (Conference Report)
H.R. 3199 (Senate Passed S. 1389)
Comments
FISA requires the
Sec.109(a). Requires the Attorney
Sec.10(b)(2). Requires the Attorney
Attorney General to make full reports
General to make full reports to the
General to make full reports to the
concerning FISA search authority to
Senate Judiciary Committee as well
House and Senate J udiciary
the House and Senate intelligence
and to transmit to the House Judiciary
Committees as well and to include
committees and statistical reports to the
Committee the statistical information
statistical information relating to the
House and Senate Judiciary
relating to the use FISA emergency
use FISA emergency search authority,
Committees, 50 U.S.C. 1826
search authority, proposed 50 U.S.C.
proposed 50 U.S.C. 1826.
1826.
FISA requires the
Sec.109(b). Requires the Attorney
Sec.10(b)(3). Comparable provision.
Attorney General to make statistical
General to include statistical
reports to the House and Senate
information relating to the use of FISA
Judiciary Committees on the use of
emergency pen register/trap & trace
FISA pen register/trap & trace device
device authority, proposed 50 U.S.C.
authority, 50 U.S.C. 1846
1846.
Sec.109(c). Directs the Department of
Homeland Security to report twice a
No comparable provision.
year to the Judiciary Committees on
the internal affairs operations of the
Citizenship and Immigration Services.
FISA is silent as to
Sec.109(d). Authorizes the FISA
Sec.10(a). Comparable provision.
the rule making authority of the FISA
courts to establish rules and procedures
courts, 50 U.S.C. 1801 et seq.
for administration of the Act, and to
transmit them in unclassified form
(possibly with a classified annex) to
the judges of the FISA courts, the
Chief Justice and the House and Senate
Judiciary and Intelligence Committees,
proposed 50 U.S.C. 1803(f).
One federal statute
Sec.110. Merges sections 1992 and
outlaws train wrecking; 18 U.S.C.
1993 into a new section 1992; provides
No comparable provision.
1992; another outlaws attacks on mass
uniform penalty and jurisdictional
transit, 18 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.

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CRS-8
Present Law
H.R. 3199 (Conference Report)
H.R. 3199 (Senate Passed S. 1389)
Comments
Federal law permits
Sec.111. Authorizes the confiscation of
U.S. confiscation of property within
property within U.S. jurisdiction
No comparable provision.
U.S. jurisdiction derived from certain
constituting the proceeds from or used
drug offenses committed in violation
to facilitate the commission of any
of foreign law, 18 U.S.C. 981(a)(1)(B);
offense which involves “trafficking in
it also permits U.S. confiscation of
nuclear, chemical, biological, or
property associated with certain
radiological weapons technology or
terrorist offenses, 18 U.S.C.
material” and which is punishable
981(a)(1)(G)
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
Sec.112. Adds 18 U.S.C. 2339D
federal crimes of terrorism (18 U.S.C.
(relating to military-type training from
No comparable provision.
2332b(g)(5)) trigger the application of
a foreign terrorist organization) and 18
other federal laws, e.g., 18 U.S.C.
U.S.C. 832 (relating to nuclear and
1961(1)(g)(RICO predicates), 3142
weapons of mass destruction threats) to
(bail), 3286 (statute of limitations),
the list of federal crimes of terrorism,
3583 (supervised release).
18 U.S.C. 2332b(g) (5)(B)(i).

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CRS-9
Present Law
H.R. 3199 (Conference Report)
H.R. 3199 (Senate Passed S. 1389)
Comments
F e d e r a l l a w
Sec.113. Adds the following offenses
authorizes judicially supervised law
to the wiretapping predicate offense
No comparable provision.
enforcement interception of wire, oral
list: 18 U.S.C. 37(violence at
or electronic communications
international airports), 81 (arson),
(wiretapping) in the investigation of
175b (biological agents), 832 (nuclear
certain crimes (predicate offenses), 18
and weapons of mass destruction
U.S.C. 2516(1).
threats), 930 (possession of weapons in
federal facilities), 956 (conspiracy to
commit violence overseas), 1028A
(aggravated 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.
F e d e r a l l a w
Sec.114. Permits delays of no more
Sec. 5. Permits delays of no more than
authorizes delayed notification of the
than 30 days (or a later date certain if
7 days (or date certain if the facts
execution of a sneak and peek search
the facts justify) with 90 days
justify) with 90 days extensions as the
warrant for a reasonable period of time
extensions (or longer if the facts
facts justify).
(with the possibility of extensions)
justify).
when disclosure may result in flight,
Eliminates trial delay as a
Comparable provision.
destruction of evidence, intimidation of
justification.
a witness, danger to an individual,
Requires detailed annual, public
Comparable provision.
serious jeopardy to an investigation, or
reports thru the Administrative Office
undue trial delay, 18 U.S.C. 3103a.
of U.S. Courts on use of the authority,
18 U.S.C. 3103a

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CRS-10
Present Law
H.R. 3199 (Conference Report)
H.R. 3199 (Senate Passed S. 1389)
Comments
Judicial enforcement of National
Sec.116 . Autho r i z e s j u d i c i a l
Sec.8. Amends 18 U.S.C. 2709 to
Security Letters (NSL):
enforcement of NSLs; the court may
permit judicial enforcement in U.S.
18 U.S.C. 2709(b) : No comparable
quash or modify a request if
district court of orders under that
provisions
compliance would be unreasonable,
section; the court may quash or
15 U.S.C. 1681v : No comparable
oppressive or otherwise unlawful, 28
modify a request if compliance would
provisions
U.S.C. 3511(a).
be unreasonable or oppressive or
15 U.S.C. 1681u
: FBI may seek
violate any constitutional or other legal
information through an ex parte court
right or privilege, 18 U.S.C.
order
2709((a)(2) .
12 U.S.C. 3414(a)(5): No comparable
provisions
50 U.S.C.436
:No comparable
provisions.
Nondisclosure provisions:
18 U.S.C. 2709: general prohibition
Recipients may petition to have
Nondisclosure order may be modified
against disclosure; no explicit
nondisclosure orders lifted or modified
or lifted if there is no reason to believe
exceptions, penalties for violation, or
once a year and petitions may be
disclosure may endanger national
provisions for termination
granted upon a finding there is no
security, or interfere with an
15 U.S.C. 1681v: general prohibition
reason to believe disclosure may
investigation or diplomatic relations, or
against disclosure; no explicit
endanger national security, or interfere
endanger a life, 18 U.S.C. 2709(c)(4).
exceptions, penalties for violation, or
with an investigation or diplomatic
provisions for termination
relations, or endanger a life. Good faith
15 U.S.C. 1681u: general prohibition
certification of such danger by senior
against disclosure; no explicit
agency officials is conclusive, 28
exceptions, penalties for violation, or
U.S.C. 3511(b).
provisions for termination
12 U.S.C. 3414(a)(5): general ban on
Disobedience of the U.S. district
disclosure; no explicit exceptions,
court’s order to respond to NSL is
No comparable provision
penalties for violation, or provisions
punishable as contempt, 28 U.S.C.
for termination
3511(c).
50 U.S.C. 436(b) : general ban on
disclosure; no explicit exceptions,
Proceedings are closed (except
Classified Information Procedure Act
penalties for violation, or provisions
c o n t e m p t p r o c e e d i n g s ) a n d
pro visio ns apply, 18 U.S.C.
for termination.
government may request that its
2709((b),(c).
evidence be considered ex parte and in
camera, 28 U.S.C. 3511(d),(e).

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CRS-11
Present Law
H.R. 3199 (Conference Report)
H.R. 3199 (Senate Passed S. 1389)
Comments
Sec.117. Amends the NSL statutes to
provide for nondisclosure orders when
the investigative agency determines
No comparable provision.
that the disclosure may endanger any
individual or national security, or
interfere with diplomatic relations or a
criminal or intelligence investigation.
Amends the NSL statutes to
Sec.8. Amends 18 U.S.C. 2709 to
permit disclosure to: those necessary
permit disclosure to: those necessary
for compliance; an attorney for legal
for compliance; an attorney for legal
advice.
advice.
Permits a requirement that
recipients advise government
No comparable provision.
authorities of any anticipated
disclosure but recipients may be
required to provide notification of an
intent to seek legal advice.
Sec.117 . V i o l a t i o n s o f t h e
nondisclosure requirements are
No comparable provision.
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).
Reports to Congress:
Sec.118. Requires that any reports to a
18 U.S.C. 2709(e): Requires FBI
Congressional committee on NSLs
No comparable provision.
reports to the Intelligence and
shall also be provided to the Judiciary
Judiciary Committees every six months
Committees.
15 U.S.C. 1681v:No comparable
Requires detailed reports on use
provisions
of the authority to the Judiciary
15 U.S.C. 1681u(h): Requires FBI
Committees and certain other
reports to the Intelligence and banking
jurisdictional committees.
Committees every six months
12 U.S.C. 3414(a)(5): No comparable
provisions
50 U.S.C. 436: No comparable
provisions

---

CRS-12
Present Law
H.R. 3199 (Conference Report)
H.R. 3199 (Senate Passed S. 1389)
Comments
Sec.119. Directs the DoJ Inspector
General to conducted a detailed audit
No comparable provision.
of effectiveness and any abuse of the
NSLs authority; calls for the
submission to Congress of proposed
minimization procedures to ensure the
protection of constitutional rights.
Federal law (18
Sec.120. Changes the cross reference
U.S.C. 981(a)(1)(G)) authorizes the
in the confiscation provision from
No comparable provision.
confiscation of property derived from
section 2331 defined international or
or used to facilitate international or
domestic terrorism to international or
domestic terrorism as defined in 18
domestic terrorism (as defined in
U.S.C. 2331 (which defines terrorism
2332b(g)(5)(B)).
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
Sec.121. Lowers the threshold to
trafficking in contraband cigarettes
10,000 cigarettes or 500 cans or
No comparable provision.
(i.e., more than 60,000 cigarettes
packages of smokeless tobacco; and
without tax stamps), 18 U.S.C. 2341-
creates a federal cause of action against
2346.
violators (other than Indian tribes or
Indians in Indian country) for
manufacturers, exporters, and state and
local authorities.
Federal law prohibits
Sec.122. Makes it a federal crime to
drug trafficking, 21 U.S.C. 841-971;
engage in drug trafficking for the
No comparable provision.
and providing material support for
benefit of a foreign terrorist
terrorists or designated terrorist
organization or of a person planning or
organizations, 18 U.S.C. 2339A,
committing a terrorist offense
2339B.
(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
D e s t r u c t i o n o f
Sec.123. Amends sec. 32 to outlaw
aircraft or their facilities is a federal
interfering with or disabling a pilot or
No comparable provision.
crime, 18 U.S.C. 32.
air navigation facility operator with
intent to endanger or with regardless
disregard for human safety.
FISA provisions preclude the
Sec.124. Pronounces the sense of
exercise of autho rity in an
Congress that federal criminal
No comparable provision.
investigation based solely upon the
investigations should not be premised
exercise of 1st Amendment protected
solely upon a citizen’s engaging in
rights, e.g., 50 U.S.C. 1805(a)(3).
lawful political activity or membership
in a non-violent political organization.
Sec.125. Establishes immunity from
civil liability (other than gross
No comparable provision.
negligence or intentional misconduct)
for anyone who donates fire equipment
to a volunteer fire company, other than
a fire equipment manufacturer or some
one who has modified or altered the
equipment after recertification.
The Privacy Act
Sec.126. Instructs the Attorney General
r e g u l a t e s t h e g o v e r n m e n t ’ s
to report to Congress on the data-
No comparable provision.
management of its individually
mining activities conducted by the
identifying system of records, 5 U.S.C.
various federal agencies and
552a.
departments.
Property related to
Sec.127. Expresses the sense of
certain federal crimes is subject to
Congress that the victims of terrorist
No comparable provision.
confiscation by the U.S., e.g., 18
attacks should have access to the assets
U.S.C. 981.
forfeited.

---

CRS-14
Present Law
H.R. 3199 (Conference Report)
H.R. 3199 (Senate Passed S. 1389)
Comments
USA PATRIOT Act
Sec.128. Upon applicant request,
Sec. 6. Comparable provision
expands FISA pen register authority to
requires providers to supply available
include electronic communications, 50
customer information relating to
U.S.C. 1842, 1843. FISA requires full
communications subject to FISA pen
reports on use of FISA pen register
r e g i s t e r o r d e r s , 5 0 U . S . C .
authority to congressional intelligence
1842(d)(2)(C).
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).
Terrorist Death Penalty Enhancement
In 1974, Congress
Sec.211. Makes the 1994 procedures
enacted air piracy legislation with
applicable to post 1974, pre-1994 air
No comparable provision.
death penalty procedures designed
piracy murder cases.
overcome the Eighth Amendment
limitations that made other federal
capital punishment provisions
unenforceable; in 1994 when Congress
enacted legislation to revive capital
punishment as a sentencing option in
federal capital cases generally it did
not expressly indicate whether the
1994 procedures were to apply to the
cases that theretofore fall under the
1974 legislation.
E x i s t i n g l a w
regardless of whether the offense
authorizes imposition of a supervisory
involved a risk of serious injury.
No comparable provision.
release term of any term of years or for
life in the case of conviction for a
federal crime of terrorism, if offense
involved a risk of serious bodily injury,
18 U.S.C. 3583(j).
Sec.212. Authorizes supervised release
for any term of years or for life in
cases of federal crimes of terrorism,

---

CRS-15
Present Law
H.R. 3199 (Conference Report)
H.R. 3199 (Senate Passed S. 1389)
Comments
Congress authorized
Sec.231(a). Repeals the drug king-pin
imposition of the death penalty in
capital procedures of 21 U.S.C. 848;
No comparable provision.
certain drug king-pin cases in 1988, 21
transfers the provisions for counsel for
U.S.C. 848; in 1994 it established
indigent death row habeas petitioners
general procedures for federal capital
to title 18, 18 U.S.C. 3599.
cases which differ slightly from the
drug provisions, 18 U.S.C. 3591-3598;
subsection 848(q) provides assistance
of counsel for indigent death row
habeas petitioners.
Reducing Crime and Terrorism at America’s Seaports
Federal law outlaws
Sec.302. Makes the section applicable
the use of false pretenses to gain entry
to gaining entry to a seaport by false
No comparable provision.
to the secured areas in an airport;
pretenses; increases the maximum
violations are punishable by
penalty for false entry to imprisonment
imprisonment for not more than 5
for not more than 10 years; provides a
years committed with the intent to
new definition of seaport (18 U.S.C.
commit a felony, 18 U.S.C. 1036.
26).
Various federal laws
Sec.303. Outlaws failure to heave to or
prohibit the failure to heave to or
obstructing an authorized federal law
No comparable provision.
otherwise obstruct maritime inspection
enforcement officer; violations are
under various circumstances, e.g., 16
punishable by imprisonment for not
U.S.C. 2435, 2438 (enforcement of the
more than 5 years and/or a fine of not
Antarctic Marine Living Resources
more than $250,000, 18 U.S.C. 2237.
Convention), 5505, 5508 (high seas
fishing compliance).

---

CRS-16
Present Law
H.R. 3199 (Conference Report)
H.R. 3199 (Senate Passed S. 1389)
Comments
Existing federal law
Sec.304. Establishes a new criminal
proscribes violence against maritime
offense prohibiting placing a
No comparable provision.
navigation, 18 U.S.C. 2280, burning or
dangerous device or substance in U.S.
bombing vessels, 2275, or destruction
waters likely to destroy or damage
of property within U.S. special
ships or interfere with maritime
maritime jurisdiction, 1363.
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.
Federal law outlaws
Sec.305. Creates two new federal
possession of biological agents,
crimes, 18 U.S.C. 2283 (transporting
No comparable provision.
chemical weapons, atomic weapons,
explosive, biological, chemical, or
nuclear material, each punishable by
radioactive or nuclear material aboard
imprisonment for any term of years or
a vessel believing they will be used to
for life, 18 U.S.C. 175, 229, 831; 42
commit a federal crime of terrorism)
U.S.C. 2272; aiding or abetting the
and 18 U.S.C. 2284 (transporting a
commission of a federal crime of
terrorist aboard a vessel believing the
terrorism which carries the same
terrorist intends to commit or is fleeing
punishment as the underlying offense,
following the commission of a federal
18 U.S.C. 2; and harboring a terrorist,
crime of terrorism); both offenses are
18 U.S.C. 2339 (punishable by
punishable by imprisonment for any
imprisonment for not more than 10
term of years or for life; the death
years).
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
18 U.S.C. ch. 111
Sec.306. Establishes a new chapter
outlaws damage or destruction of
111A in title 18 relating to the
No comparable provision.
vessels and maritime facilities, e.g., 18
destruction of, or interference with,
U.S.C. 2280 (violence against maritime
vessels or maritime facilities which
navigation), 2275 (burning or bombing
among other things: makes violence –
vessels); other federal statutes supply
committed, attempted or conspired –
parallel coverage under some
against vessels or their facilities
circumstances, e.g., 18 U.S.C.
punishable by imprisonment for not
1363(damage or destruction of
more than 20 years (by imprisonment
property within U.S. special maritime
for any term of years or life if the
jurisdiction), 81(arson within U.S.
offense involves a vessel carrying high
special maritime jurisdiction),
level radioactive waste or spent nuclear
844(i)(burning or bombing property
fuel; if death results, by imprisonment
used in interstate or foreign
for any term of years or for life or by
commerce); hoaxes relating to
death); and makes threats to do so
violations of ch. 111 are punishable by
punishable by imprisonment for not
imprisonment for not more than 5
more than 5 years, proposed 18 U.S.C.
years (not more than 20 years if serious
2291; makes related hoaxes punishable
injury results and if death results, by
by a civil fine of not more than $5000
imprisonment for any term of years or
or imprisonment for not more than 5
for life or by death), 18 U.S.C. 1038.
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
Sec.307(a). Increases the penalty from
theft from interstate or foreign
not more than 1 year to not more than
No comparable provision.
shipment; violations are punishable by
3 years if the value of the stolen
imprisonment for not more than 10
property is $1000 or less; makes clear
years (not more 1 year if the value of
that theft from trailers, cargo
the stolen property is $1000 or less), 18
containers, freight stations, and
U.S.C. 659.
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
Interstate or foreign
Sec.307(b)-(e). Expands the coverage
transportation of a stolen vehicle or
of the federal law to cover the
No comparable provision.
aircraft is punishable by imprisonment
interstate or foreign transportation of a
for not more than 10 years, 18 U.S.C.
stolen vessel and receipt of a stolen
2312; receipt of a stolen vehicle or
vessel that has been transported in
aircraft that has been transported in
interstate or overseas.
interstate or foreign commerce carries
Instructs the U.S. Sentencing
the same penalty, 18 U.S.C. 2313.
Commission to review the sentencing
guidelines applicable to violations of
18 U.S.C. 659 and 18 U.S.C. 2311.
Directs the Attorney General to
see to the inclusion of cargo thefts
included in the Uniform Crime
Reporting System and to report to
Congress annually on law enforcement
activities relating to theft from
interstate or foreign shipments in
violation of 18 U.S.C. 659.
Stowaways on a
Sec.308. Increases the penalty for
vessel or aircraft are punishable by
stowaways from not more than 1 year
No comparable provision.
imprisonment for not more than 1 year,
to not more than 5 years; or to not
18 U.S.C. 2199.
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
Bribery of a federal
Sec.309. Makes it a new federal crime
official is punishable by imprisonment
to bribe any individual (private or
No comparable provision.
for not more than 15 years, 18 U.S.C.
public) with respect to various
201; many federal terrorism crimes
activities within any secure or
carry maximum penalties of
restricted area or seaport – with the
imprisonment for 20 years or more,
intent to commit international or
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
life); those who aid or abet their
years, 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).
I n g e n e r a l ,
Sec.310. Increases the penalty for
s mu g g l ing is p unisha b le b y
violations of section 545 (smuggling)
No comparable provision.
imprisonment for not more than 5
from imprisonment for not more than 5
years, 18 U.S.C. 545.
years to imprisonment for not more
than 20 years.
The penalty for
No comparable provision.
smuggling goods into foreign countries
Sec.311(a). Outlaws smuggling goods
by the owners, operators, or crew of a
out of the U.S. in a new statute
vessel is imprisonment for not more
punishable by imprisonment for not
than 5 years, 18 U.S.C. 546. The same
more than 10 years, 18 U.S.C. 554.
penalty applies for smuggling goods
into the U.S. generally, 18 U.S.C. 545,
although section 312 above would
i n c r e a s e t h e m a x i m u m t o
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
Federal law prohibits
Sec.311(c). Adds the new section, 18
laundering using the proceeds from
U.S.C. 554, to the money laundering
No comparable provisions.
various predicate offenses, 18 U.S.C.
predicate offense list.
1956, 1957; in addition to other
penalties the assets involved are
subject to confiscation, 18 U.S.C.
981(a)(1)(A).
Federal law calls for
Sec.311(d). Calls for the confiscation
the confiscation of goods smuggled
of goods smuggled out of the U.S. and
No comparable provision.
into the U.S. and of conveyances used
of the property used to facilitate the
to smuggle them, 19 U.S.C. 1595a.
smuggling, proposed 19 U.S.C.
1595a(d).
Federal law penalizes
Sec.311(e). Increases the penalty for
removing goods from the custody of
removing goods from the custody of
No comparable provision.
the Customs Service by imprisonment
t h e C u s t o m s S e r v i c e f r o m
for not more than 2 years, 18 U.S.C.
imprisonment for not more than 2
549.
years to imprisonment for not more
than 10 years.
Combating Terrorism Financing
Violations of the
Sec.402. Increases the maximum term
Emergency Economic Powers Act
of imprisonment to not more than 20
No comparable provision.
which outlaws vio latio ns o f
years and changes the maximum civil
presidential orders issued under the Act
penalty to $50,000, 50 U.S.C. 1705.
including but not limited to those that
bar financial dealings with designated
terrorist and terrorist groups are
punishable by a civil penalty of not
mo re than $ 1 0,000 and b y
imprisonment for not more than 10
years, 50 U.S.C. 1705.

---

CRS-21
Present Law
H.R. 3199 (Conference Report)
H.R. 3199 (Senate Passed S. 1389)
Comments
Federal law imposes
Sec.403. Adds 18 U.S.C. 1960 (money
severe penalties (up to 20 years
transmitters) to the RICO list and
No comparable provision.
imprisonment) for acquiring or
consequently to the money laundering
operating an enterprise through the
predicate offense list.
pattern commission of any of a series
of predicate offenses, 18 U.S.C. 1961-
1965 (RICO).
Federal law also
Amends the money laundering
proscribes laundering the proceeds of
statute to provide a clear statement of
any of a series of predicate offenses, 18
the relative investigative jurisdiction of
U.S.C. 1956, 1957. Confiscation is a
various federal agencies, 18 U.S.C.
consequence of a RICO or money
1956(e), 1957(e).
laundering violation, 18 U.S.C. 1963,
981. The proceeds from such
confiscation are available to
proportionately to the arresting and
prosecuting agencies, 28 U.S.C.
524(c).
The property derived
Sec.404. Authorizes the confiscation of
from or used to facilitate certain
property located within the U.S. of an
No comparable provision.
terrorist offenses committed against the
individual or entity planning or
U.S. is subject to confiscation, 18
committing an act of international
U.S.C. 981(a)(1)(G).
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.

---

CRS-22
Present Law
H.R. 3199 (Conference Report)
H.R. 3199 (Senate Passed S. 1389)
Comments
Federal law prohibits
Sec.405. Outlaws each of any
laundering the proceeds from various
"dependent transactions" relating to a
No comparable provision.
predicate offenses, 18 U.S.C. 1956,
money laundering transaction (and thus
1957; in addition to other penalties the
subjects the assets involved to
assets involved are subject to
confiscation in addition to other
confiscation, 18 U.S.C. 981(a)(1)(A).
penalties); defines a dependent
transaction as one that complements,
completes or would not have occurred
but for the proscribed laundering
financial transaction, 18 U.S.C.
1956(a)(1).
In money laundering
Sec. 406(a)(2). Amends subsection
confiscation cases involving property
1956(b) apparently to permit pre-trial
No comparable provision.
owned by a foreign person, federal law
restraining orders and federal receivers
permits the federal court with
regardless of whether the property
jurisdiction over the foreign property
owner if foreign or American.
owner to issue a pre-trial restraining
order and appoint a federal receiver
prior to adjudicating the merits of the
c o n f i s c a t i o n , 1 8 U . S . C .
1956(b)(2),(3),(4).
Federal law allows
Sec. 406(a)(4). Makes it clear that
the substitution of assets held in this
subsection 981(k) applies to foreign
No comparable provision.
country by a foreign bank with
financial institutions and not just
o verseas acco unts co ntaining
foreign banks.
forfeitable assets, 18 U.S.C. 981(k).
In order to avoid
Sec. 406(b) . Enacts subsections
either arguable constitutional infirmity
316(a), (b), and (c) as part of title 18,
No comparable provision.
or the more generous coverage of
18 U.S.C. 987.
otherwise applicable procedures,
section 316 of the USA PATRIOT Act
establishes certain procedural rights
relating to property seized for
confiscation as the assets of
international terrorists.

---

CRS-23
Present Law
H.R. 3199 (Conference Report)
H.R. 3199 (Senate Passed S. 1389)
Comments
Federal law prohibits
Sec. 406(c). Amends section 33 so that
the destruction or attempted
conspiracy to violate its provisions
No comparable provision.
destruction of commercial motor
carry the same 20 year maximum
vehicles or their facilities and punishes
penalty as the underlying violations.
violations by imprisonment for not
more than 20 years, 18 U.S.C. 33; the
general conspiracy statute punishes
conspiracy to the violate the provision
by imprisonment for not more than 5
years, 18 U.S.C. 371.
31 U.S.C. 5318(n)(4)
Sec.407. In 31 U.S.C. 5318(n)(4)(A)
(A) contains an incomplete cross
changes National Intelligence Reform
No comparable provision.
reference.
Act of 2004 to National Intelligence
Reform and Terrorism Prevention Act
of 2004.
Section 6604 of the
Sec.408. Amends section 6604 to
Intelligence Reform and Terrorist
change 2339c(c)(2) to 2339C(c)(2) and
No comparable provision.
Prevention Act contains typographical
2339c(e) to 2339C(e).
errors.
Federal law prohibits
Sec.409. Adds receipt of foreign
laundering the proceeds of various
terrorist military training to the list of
No comparable provision.
predicate offenses, 18 U.S.C. 1956,
money laundering predicate offenses.
1957; in addition to other penalties the
assets involved are subject to
confiscation, 18 U.S.C. 981(a)(1)(A);
it also outlaws the receipt of foreign
terrorist military training, 18 U.S.C.
2339D.
Federal law calls for
Sec.410. Gives the government the
the confiscation of property related to
option of processing civil forfeitures as
No comparable provision.
various criminal offenses; in some
part of the criminal proceedings
instances procedure is civil, in others it
against the property owner, 28 U.S.C.
is criminal, e.g., 21 U.S.C. 881, 853.
2461(c).

---

CRS-24
Present Law
H.R. 3199 (Conference Report)
H.R. 3199 (Senate Passed S. 1389)
Comments
Miscellaneous Provisions
U n i t e d S t a t e s
Sec.501. Permits the Attorney General
Attorneys are required to reside in the
or his designee to assign U.S.
No comparable provision.
district for which they are appointed as
Attorneys to additional responsibilities
a general rule, 28 U.S.C. 545.
exempting them from the residency
requirement, 28 U.S.C. 545.
Existing law permits
Sec.502. Eliminates the authority of
the Attorney General to temporarily fill
the court and allows the temporary
No comparable provision.
a U.S. Attorney vacancy, if after 120
U.S. Attorney to serve until
days a permanent replacement has not
confirmation of a replacement, 28
been confirmed, the district court is
U.S.C. 546.
empowered to name a temporary U.S.
Attorney to serve until one is
confirmed, 28 U.S.C. 546.
The heads of various
Sec.503. Adds the Secretary of the
federal departments come within the
Department of Homeland Security to
No comparable provision.
line of presidential succession, 3
the line of presidential succession, 3
U.S.C. 19(d)(1).
U.S.C. 19(d)(1).
The heads of various
Sec.504. Makes the Director of the
federal agencies are subject to
Bureau of Alcohol, Tobacco, Firearms,
No comparable provision.
nomination and appointment following
and Explosives an advice and consent
advice and consent of the Senate, U.S.
position, 6 U.S.C. 531(a)(2).
Const. Art.II, §2. cl.2.
U n i t e d S t a t e s
Sec.505. Sets minimum statutory
Marshals are appointed for the various
qualifications for U.S. Marshals, 28
No comparable provision.
federal districts, 28 U.S.C. 561.
U.S.C. 561.
S o m e D o J
Sec.506. Creates a National Security
components are creatures of statute,
Division headed by a statutory
No comparable provision.
e.g., 28 U.S.C. 531 (F.B.I.); most are
Assistant Attorney General for
not.
National Security within DoJ, 28
U.S.C. 507A, 506, 509A, etc.

---

CRS-25
Present Law
H.R. 3199 (Conference Report)
H.R. 3199 (Senate Passed S. 1389)
Comments
Existing federal law
Sec.507. Permits the Attorney General
affords qualified states an alternative
rather than the courts to certify
No comparable provision.
procedures for capital habeas cases;
qualifi c a t i o n und e r a me nded
qualification is predicated on the level
procedures, 28 U.S.C. 2261, 2265.
of appointed counsel provided
indigents in capital cases; no state has
yet qualified, 28 U.S.C. 2265.
Secret Service
Federal law prohibits
Sec.602. Adds interference with
disorderly conduct on federal property,
“special security events” to the list of
No comparable provision.
and trespassing in places where the
section 1752 offenses; increases the
persons under Secret Service
penalty to imprisonment of not more
protection are visiting or residing;
than 1 year (not more than 10 years if
offend ers are punishable by
the offender uses or carries firearm,
imprisonment for not more than 6
deadly or dangerous weapon), 18
months, 18 U.S.C. 1752.
U.S.C. 1752
It is a federal crime
Sec.603. Outlaws possession of
to possess false government
identification, credentials, or passes
No comparable provision.
credentials, identification documents,
issued by the sponsors of an event the
or passes; the offense is punishable bv
President has designated at a “special
imprisonment for not more than 1 year
event of national significance;”
(for not more than 20 years if the
offenders are subject to the penalties
offense is committed in connection
under 18 U.S.C. 1028.
with a crime of violence or a drug
offenses; for not more than 30 years if
committed in furtherance of act of
domestic or international terrorism), 18
U.S.C. 1028.
S e c r e t S e r v i c e
Sec.604. Amends subsection 3056(f) to
officers and employees are authorized
provide that the “Secret Service” rather
No comparable provision.
to provide missing children assistance
than “officers and employees of the
under some circumstances, 18 U.S.C.
Secret Service” may provide such
3056(f).
assistance, 18 U.S.C. 3056(f).

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CRS-26
Present Law
H.R. 3199 (Conference Report)
H.R. 3199 (Senate Passed S. 1389)
Comments
The United States
Sec.605. Transfers and revises the
Secret Service Uniform Division is a
Division’s organic act, 18 U.S.C.
No comparable provision.
creature of statute, 3 U.S.C. ch. 3.
3056A.
Sec.606. Makes it clear that the
transfer and revisions do not affect
No comparable provision.
certain retirement benefits or certain
authority of the Secretary of State.
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.
Combat Methamphetamine Epidemic Act of 2005
Existing law permits
Sec.711(a),(b). Limits sales to 3.6
o v e r t h e c o u n t e r s a l e s o f
grams of EPP products per day, per
No comparable provision.
nonpresecription medicines containing
customer, 21 U.S.C. 830(d).
ephedrine, pseudoephedrine, or
phenylpropanolamine (EPP) in
amounts up to 9 grams, 21U.S.C.
802(39).

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CRS-27
Present Law
H.R. 3199 (Conference Report)
H.R. 3199 (Senate Passed S. 1389)
Comments
Sec.711(b). EPP products must be kept
“behind the counter” and customers
No comparable provision.
must present identification and sign for
the purchase (unless the product
contains 60 mg of pseudoephedrine or
less), 21 U.S.C. 830(e).
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
i l l i c i t m a n u f a c t u r e o f
methamphetamine, 21 U.S.C. 830(e).
Sec.711(e),(f) . Customer false
statements are punishable under 18
No comparable provision.
U.S.C. 1001 (imprisonment for not
more than 5 years); violations of the
EPP restrictions are punishable under
the civil and criminal penalties to
which registrants are subject, 21 U.S.C.
842.
Sec.711(g). Preserves state regulatory
authority.
No comparable provision.
Sec.712. Conforming amendments so
that EPP products are treated like listed
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.

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CRS-28
Present Law
H.R. 3199 (Conference Report)
H.R. 3199 (Senate Passed S. 1389)
Comments
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.
Sec.716 . Amends the general
provisions governing approval of
No comparable provision.
i mp o r t i ng/ e x p o rting 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
No comparable provision.
“chain of custody” of EPP prior to its
receipt; to require information from
related foreign manufacturers and
distributers; and to prohibit import
f r o m u n c o o p e r a t i v e f o r e i g n
manufacturers and distributers, 21
U.S.C. 971.

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CRS-29
Present Law
H.R. 3199 (Conference Report)
H.R. 3199 (Senate Passed S. 1389)
Comments
Sec.722. Adds information concerning
EPP exporting and importing countries
No comparable provision.
to the international narcotics control
strategy report, 22 U.S.C. 2291h;
makes such nations subject to annual
certification under the Foreign
Assistance Act, 22 U.S.C. 2291j.
Sec.723. Directs the Secretary of State
t o t a k e a c t i o n t o p r e v e n t
No comparable provision.
methamphetamine 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.
C u l t i v a t i n g a
Sec.732. Makes the prohibition
controlled substance on federal
applicable to manufacturing on federal
No comparable provision.
property subjects the offender to an
land as well, 21 U.S.C. 841(b)(5).
additional fine of not more than
$500,000, 21 U.S.C. 841(b)(5).
The mandatory life
Sec.733. Reduces the thresholds when
imprisonment penalties for drug
methamphetamine is involved to 200
No comparable provision.
kingpins apply when the offense
times or $5 million, 21 U.S.C. 848.
involves 300 times the 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
No comparable provision.
already applicable penalties for making
or trafficking in methamphetamine in a
place where children live or are
present, 21 U.S.C. 860a.

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CRS-30
Present Law
H.R. 3199 (Conference Report)
H.R. 3199 (Senate Passed S. 1389)
Comments
Sec.735. Authorizes the promulgation
of forms relating to the general
No comparable provision.
sentencing 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.
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
No comparable provision.
to report under the Solid Waste
Disposal Act on methamphetamine
product waste, 42 U.S.C. 6921.
Sec.743. Authorizes imposition of
restitution orders to cover clean up
No comparable provision.
costs 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.

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CRS-31
Present Law
H.R. 3199 (Conference Report)
H.R. 3199 (Senate Passed S. 1389)
Comments
Sec.754. Authorizes appropriations of
$99 million for each of new 5 fiscal
No comparable provision.
years (2006 thru 2010) for grants for
public safety and methamphetamine
sale, use, and manufacturing “hot
spots,” 42 U.S.C. 3796cc-2.
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.

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