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)

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)

Order Code RL33210
CRS Report for Congress
Received through the CRS Web
USA PATRIOT Improvement and Reauthorization
Act of 2005 (H.R. 3199): A Side-by-Side
Comparison of Existing Law, H.R. 3199
(Conference) and H.R. 3199 (Senate Passed)
Updated February 17, 2006
Brian T. Yeh
Legislative Attorney
American Law Division
Charles Doyle
Senior Specialist
American Law Division
Congressional Research Service ˜ The Library of Congress

USA PATRIOT Improvement and Reauthorization Act
of 2005 (H.R. 3199): A Side-by-Side Comparison of
Existing Law, H.R. 3199 (Conference) and H.R. 3199
(Senate Passed)
Summary
By virtue of section 224 of the USA PATRIOT Act, P.L. 107-56 (2001), several
of the Act’s amendments to the Foreign Intelligence Surveillance Act, 50 U.S.C.
1801-1862, and the Electronic Communications Privacy Act, 18 U.S.C. 2510-2522,
2701-2712, 3121-3127, were scheduled to expire on December 31, 2005, 115 Stat.
295 (2001). P.L. 109-160 (S. 2167) postponed the expiration dates of those
provisions and of section 6001 of the Intelligence Reform and Terrorism Prevention
Act of 2004 (“lone wolf” amendment) until February 3, 2006, 119 Stat. 2957(2005);
P.L. 109-170 (H.R. 4659) further extended sunset until March 10, 2006.
The version of the USA PATRIOT Improvement and Reauthorization Act of
2005, H.R. 3199, which the Senate sent to conference primarily addresses the
provisions scheduled to expire and related matters such as the issuance of “national
security letters” under 18 U.S.C. 2709. The version of H.R. 3199 upon which the
conferees agreed represents a compromise between the Senate version and the
version passed by the House. The conference bill also contains provisions, amended
by the conferees in several instances, that originated in the House, but that in some
cases have been considered in the Senate under separate legislative proposals. These
include sections relating to the death penalty, seaport security, secret service,
combating terrorism financing, and methamphetamine abuse. The House passed the
conference bill on December 14, 2005, 151 Cong.Rec. H11543-544. S. 2271 amends
the conference bill.
This report may be revised as circumstances warrant. Related CRS reports
include CRS Report RS22348, USA PATRIOT Improvement and Reauthorization Act
of 2005 (H.R. 3199): A Brief Look; and CRS Report RL33239, USA PATRIOT
Improvement and Reauthorization Act of 2005 (H.R. 3199): Side-by-Side Analysis
of the Conference Bill, both by Brian T. Yeh and Charles Doyle.

Contents
USA PATRIOT Act Reauthorization and Related Matters . . . . . . . . . . . . . . 2
Terrorism Death Penalty Enhancement . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Reducing Crime and Terrorism at America’s Seaports . . . . . . . . . . . . . . . . 15
Combating Terrorism Financing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Miscellaneous Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Secret Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Combat Methamphetamine Epidemic Act of 2005 . . . . . . . . . . . . . . . . . . . 28

USA PATRIOT Improvement and
Reauthorization Act of 2005 (H.R. 3199): A
Side-by-Side Comparison of Existing Law,
H.R. 3199 (Conference), and H.R. 3199
(Senate Passed)
On December 9, 2005, House and Senate conferees reported out the USA
PATRIOT Improvement and Reauthorization Act (H.R. 3199). The House agreed
to the conference report on December 14, 2005, 151 Cong.Rec. H11543-544. On
December 22, 2005, the House and Senate enacted a bill (S. 2167) that extended the
sunset of certain provisions of the USA PATRIOT Act and the lone wolf provision
of the Intelligence Reform and Terrorism Prevention Act of 2004, originally set to
expire on December 31, 2005, until February 3, 2006, P.L. 109-160, 119 Stat. 2957
(2005); the expiration was subsequently further extended to March 10, 2006, P.L.
109-170, 120 Stat. 3 (2006). S. 2271 amends the conference bill.
What follows is a side-by-side comparison of existing law, the conference report
version of H.R. 3199, and the version of H.R. 3199 which the Senate sent to
conference. S. 2271’s amendments to the conference bill are noted in the comments
column.

CRS-2
USA PATRIOT Act Reauthorizations and Adjustments: Comparison of H.R. 3199 (Conference Report) and H.R. 3199
(Senate Passed (S. 1389))
Present law
H.R. 3199 (Conference Report)
H.R. 3199 (Senate Passed(S. 1389))
Comments
USA PATRIOT and Terrorism
USA PATRIOT Improvement and
Prevention Reauthorization Act of
Reauthorization Act of 2005
2005
USA PATRIOT Act Reauthorization and Related Matters
Under Section 224 of the USA PATRIOT
Sec. 102(a). (a) Repeals section 224 of
Sec. 9(a). (a) Repeals section 224(a) of
Act, 18 U.S.C. 2510 note, the following
the USA PATRIOT Act (except as noted
the USA PATRIOT Act (except as noted
sections of the Act expire on December
below all expiring sections made
below all expiring sections made
31, 2005:
permanent).
permanent).
Sec. 201 (wiretapping: terrorism
predicate offenses)
Sec. 202 (wiretapping: computer
predicate offenses)
Sec. 203(b)(wiretapping: sharing
foreign intell. info.)
Sec. 203(d)(law enforcement sharing
Sec. 102(b). Postpones expiration of sec.
Sec. 9(a).Postpones expiration of sec.
foreign intell.info.)
206 until December 31, 2009.
206 until December 31, 2009.
Sec. 204 (ECPA foreign system pen
register/trap & trace exception)
Sec. 206 (roving FISA wiretaps)
Sec. 207 (duration of FISA orders)
Sec. 209 (access to stored voice mail)
Sec. 212 (emergency access to e-mail)
Sec. 213 (delayed notice of sneak &
peek)
Sec. 214 (FISA pen register/trap &
trace)
Sec.102(b). Postpones expiration of sec.
Sec.9(a). Postpones expiration of sec.
Sec. 215 (FISA access to business
215 until December 31, 2009.
215 until December 31, 2009.
records)
Sec. 217 (computer trespasser
communications)
Sec. 218 (the wall)
Sec. 220 (nation-wide service of ISP
orders)
Sec. 223 (sanctions)
Sec. 225 (FISA helper immunity)
Section 6001 of the Intelligence Reform
Sec.103. Postpones expiration of sec.
Sec.9(b). Postpones expiration of sec.
and Terrorism Prevention Act (IRTPA),
6601until December 31, 2009.
6601until December 31, 2009.
amends the FISA definition of “agents of

CRS-3
Present law
H.R. 3199 (Conference Report)
H.R. 3199 (Senate Passed(S. 1389))
Comments
USA PATRIOT and Terrorism
USA PATRIOT Improvement and
Prevention Reauthorization Act of
Reauthorization Act of 2005
2005
USA PATRIOT Act Reauthorization and Related Matters
a foreign power” to include foreign
nationals preparing for or engaging in
terrorist activities, 50 U.S.C.
1801(b)(1)(C), and expires on December
31, 2005.
Section 6603 amends law relating to 18
Sec.104. Makes sec. 6603 permanent.
Sec.9(c). Makes sec. 6603 permanent.
U.S.C. 2339B (material support of terr.
org.) to clarify the definition of “material
support,” the knowledge element of the
crime, its exterritorial reach, and to add
certain crimes to predicate offense list in
18 U.S.C. 2339A(material support of
terrorist crimes) and to the list of federal
crimes of terrorism (18 U.S.C.
2332b(g)(5)(B); sec. 6603 expires on
December 31, 2006.
Section 207 of the USA PATRIOT Act
Sec.105. Extends the tenure of FISA
Sec.3. Comparable provisions.
extends the life time of FISA surveillance
surveillance and search orders to any
and search orders and extensions relating
agents of a foreign power who are not
to non U.S. persons who are agents of
U.S. persons (e.g. lone wolf terrorists),
foreign powers by virtue of their
50 U.S.C. 1805(e), 1824(d).
employment by foreign powers or their
Extends the life time of FISA pen
membership in an international terrorist
register/trap & trace orders and
group, 50 U.S.C. 1805(e), 1824(d).
extensions from 90 days to 1 year when
the information to be obtained does not
involve a U.S. person, 50 U.S.C.
1842(e)(2).
FISA orders for access to tangible items
Sec.106(a). Orders for the production of
Sec.7(c). Orders for the production of
have no explicit exception for library,
certain library, bookstore, firearm sales,
certain library, bookstore, firearm sales,
bookstore, or any other particular
tax return, educational or medical records
or medical records must be approved by
business record, 50 U.S.C. 1861.
must be approved by the FBI Director or
the FBI Director or Deputy Director, 50
Deputy Director or Executive Assistant
U.S.C. 1861(a)((3).
Director, 50 U.S.C. 1861(a)((3).
Section 215 of the USA PATRIOT Act
Sec.106(b). Requires applications (A) to
Sec.7(a). Requires applications to
authorizes FISA orders for the production
demonstrate reasonable grounds to
demonstrate reasonable grounds to
of tangible items for investigations to
believe the tangible things sought are
believe the information sought pertains

CRS-4
Present law
H.R. 3199 (Conference Report)
H.R. 3199 (Senate Passed(S. 1389))
Comments
USA PATRIOT and Terrorism
USA PATRIOT Improvement and
Prevention Reauthorization Act of
Reauthorization Act of 2005
2005
USA PATRIOT Act Reauthorization and Related Matters
obtain foreign intelligence information
relevant to an investigation to protect
to, or is relevant to the activities of, a
and to protect against international
against intern’l terrorism or spying or to
foreign power or agent of a foreign
terrorism and espionage, 50 U.S.C. 1861.
obtain for.intell.info. not concerning a
power, or pertains to an individual in
U.S. person; relevancy is presumed if
contact with or known to a suspected
they pertain to a foreign power or agent
agent of a foreign power, 50 U.S.C.
of a foreign power, or to the activities of
1861(b)(2).
a suspected agent of a foreign power who
is the target of the investigation, or to an
individual in contact with or known to a
suspected agent of a foreign power who
is the target of the investigation, and (B)
to include an enumeration of
minimization procedures, 50 U.S.C.
1861(b)(2)
Sec.106(c). FISA access orders are issued
Sec.7(a)(2). Comparable provision but
as requested or modified upon a finding
without the reference to minimization
the application complies with statutory
standards, 50 U.S.C. 1861(c).
requirements, and with directions to
adhere to minimization requirements, 50
U.S.C. 1861(c).
Sec.106(d). Orders must contain a
Sec.7(b). Orders must contain a
particularized description of the items
particularized description of the items
sought, provide for a reasonable time to
sought, provide for a reasonable time to
assemble them, notify recipients of
assemble them, notify recipients of
nondisclosure requirements, and be
nondisclosure requirements, and be
limited to things subject to a grand jury
limited to things subject to a grand jury
subpoena or order of a U.S. court for
subpoena, 50 U.S.C. 1861(c).
production, 50 U.S.C. 1861(c).
Recipients of section 215 FISA orders
Sec.106(e). Also permits disclosure to
Sec.7(d). Also permits disclosure to the
Sec.4(a) (S. 2271). Replaces sec. 106(d)
may not disclose their existence or
the recipient’s attorney, and with FBI
recipient’s attorney, and with FBI
(2) of the conference bill with a provision
content except as necessary for
approval to others, 50 U.S.C. 1961(1);
approval to others, 50 U.S.C. 1861(d).
that requires the recipient, upon the FBI’s
compliance, 50 U.S.C. 1861(d).
recipients may be required to notify the
request, to notify the FBI of those to
FBI of those to whom they intend
whom disclosure has been or is to be
disclose, but may not be required to
made, but requiring no notification of
provide notification of an intent to seek
disclosure or anticipated disclosure to the
legal assistance, 50 U.S.C. 1861(d)(2).
recipient’s attorney, 50 U.S.C. 1861(d)

CRS-5
Present law
H.R. 3199 (Conference Report)
H.R. 3199 (Senate Passed(S. 1389))
Comments
USA PATRIOT and Terrorism
USA PATRIOT Improvement and
Prevention Reauthorization Act of
Reauthorization Act of 2005
2005
USA PATRIOT Act Reauthorization and Related Matters
(2).
Sec.106(f). Authorizes recipients to seek
Sec.7(e), (b).Authorizes recipients to
Sec.3 (S. 2271). Adds to sec. 106(f) of
FISA court review of a FISA tangible
seek FISA court review of a FISA
the conference bill authority for
item order; the assigned judge may
tangible item order; unlawful orders or
recipients to annually petition the FISA
dismiss the petition as frivolous, deny the
gag orders and orders requiring
court to quash or modify the gag order
petition, or modify or rescind the order if
production that could be quashed in the
(after the 1st year of issuance); the court
it does not comply with the statute or is
case of a grand jury subpoena
may do so if the judge finds no reason to
otherwise unlawful; FISA court decision
(unreasonable, oppressive, or privileged)
believe disclosure may endanger national
is subject to Review Court review and
may be modified or set aside; FISA court
security, interfere with an investigation
S.Ct. review; authorizes the Chief Justice
decision is subject to Review Court
or diplomatic relations or endanger an
in consultation with the Attorney General
review and S.Ct. review; Authorizes the
individual; DoJ certification of such
and Director of National Intelligence to
Chief Justice in consultation with the
adverse impact is conclusive in the
establish security rules., 50 U.S.C.
Attorney General and Director of
absence of bad faith, 50 U.S.C. 1861(f).
1803(e), 1861(f).
National Intelligence to establish security
rules, 50 U.S.C. 1861(f), (b)(2)(D).
Sec.106(g). Directs the Attorney General
No comparable provision.
to promulgate minimization standards for
the collection and dissemination of
information obtained through the use of
FISA tangible item orders, 50 U.S.C.
1861(g).
Requires observance of minimization
No comparable provision.
requirements; declares that information
does not lose its privileged status simply
because it was acquired thru use of a
tangible item order; limits use to law
purposes, 50 U.S.C. 1861(h).
Section 215 requires the Attorney
Sec.106(h). Amends the provision to
Sec.7(f). Amends the provision to require
General to fully inform the House and
require annual reporting in both
annual reporting in both instances; adds
Senate Intelligence Committees of all
instances; adds the Senate Judiciary
the Judiciary Committees to the list of
requests under the section’s authority
Committee to the recipients of full
recipients of full reports; requires
twice a year, and to provide the Judiciary
reports; requires inclusion of statistical
inclusion of statistical information
Committees with statistical reports on
information concerning orders for the
concerning orders for the production of
section’s use twice a year, 50 U.S.C.
production of certain library, book store,
certain library, book store, firearm sales,
1862.
firearm sales, medical, tax, and
medical, and tax records with the
educational records to the Judiciary and
statistical report to Congress and the

CRS-6
Present law
H.R. 3199 (Conference Report)
H.R. 3199 (Senate Passed(S. 1389))
Comments
USA PATRIOT and Terrorism
USA PATRIOT Improvement and
Prevention Reauthorization Act of
Reauthorization Act of 2005
2005
USA PATRIOT Act Reauthorization and Related Matters
Intelligence Committees, 50 U.S.C. 1862.
Administrative of U.S. Courts, 50 U.S.C.
1862.
Sec.106A. Provides for DoJ Inspector
No comparable provision.
General audit (with detailed
requirements) to determine effectiveness
and identify any abuse in re use of FISA
tangible item authority with the results to
be reported to the Intelligence and
Judiciary Committees.
Federal law permits communications
Sec.107(a). Requires the Attorney
Sec.4(a). Comparable provision.
providers to disclose the content of stored
General to report to the Judiciary
electronic communications with
Committees annually on content
authorities in emergencies involving a
disclosures under sec. 2702(b)(8).
risk of serious injury and to disclose
Sec.107(b). Removes the immediacy
Sec.4(b). Comparable provision.
customer records in emergencies
requirement from the record disclosure
involving an immediate risk of serious
provision, 18 U.S.C. 2702(c)(4), and
injury, 18 U.S.C. 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).
FISA permits issuance of a surveillance
Sec. 108(a). Makes it clear that the FISA
No comparable provision.
order requires that the target be
court must find the prospect of thwart
identified or described, the nature and
based on specific facts in the application,
location of the facility or place under
50 U.S.C. 1805(c)(2)(B).
surveillance be identified (if known), and
No comparable provision.
Sec.2(a). Requires that the target be
the 3d parties ordered to assist be
described with particularity if his identity
specifically identified (unless the target is
and the nature and location of facilities or
likely to take steps to thwart their
places to be under surveillance are
identification)(roving wiretaps), 50
unknown, 50 U.S.C. 1805(c)(1)(A).
U.S.C. 1805.

CRS-7
Present law
H.R. 3199 (Conference Report)
H.R. 3199 (Senate Passed(S. 1389))
Comments
USA PATRIOT and Terrorism
USA PATRIOT Improvement and
Prevention Reauthorization Act of
Reauthorization Act of 2005
2005
USA PATRIOT Act Reauthorization and Related Matters
Sec. 108(b). Requires in no case later
Sec.2(b). Requires within 10 days
than 10 days (with a good cause showing
additional notice, justifying and
within 60 days), notice, justifying and
minimization information be given to the
minimization information be given the
issuing FISA court when the execution of
issuing FISA court including the number
a FISA surveillance order becomes
of surveillances conducted or planned
roving.
when the execution of a FISA
surveillance order becomes roving.
Sec.108(c). Names the Senate Judiciary
Sec.2(c). Names Judiciary Committees as
Committee as a recipient of FISA reports
recipients of FISA reports expanded to
expanded to include information on
include information on roving
roving surveillance.
surveillance.
FISA requires the Attorney General to
Sec.109(a). Requires the Attorney
Sec.10(b)(2). Requires the Attorney
make full reports concerning FISA search
General to make full reports to the Senate
General to make full reports to the House
authority to the House and Senate
Judiciary Committee as well and to
and Senate Judiciary Committees as well
intelligence committees and statistical
transmit to the House Judiciary
and to include statistical information
reports to the House and Senate Judiciary
Committee the statistical information
relating to the use FISA emergency
Committees, 50 U.S.C. 1826.
relating to the use FISA emergency
search authority, proposed 50 U.S.C.
search authority, proposed 50 U.S.C.
1826.
1826.
Sec.109(c). Directs the Department of
No comparable provision.
Homeland Security to report twice a year
to the Judiciary Committees on the
internal affairs operations of the
Citizenship and Immigration Services.
FISA is silent as to the rule making
Sec.109(d). Authorizes the FISA courts
Sec.10(a). Comparable provision.
authority of the FISA courts, 50 U.S.C.
to establish rules and procedures for
1801 et seq.
administration of the Act, and to
transmit them in unclassified form
(possibly with a classified annex) to the
judges of the FISA courts, the Chief
Justice and the House and Senate
Judiciary and Intelligence Committees,
proposed 50 U.S.C. 1803(f).
One federal statute outlaws train
Sec.110. Merges sections 1992 and 1993
No comparable provision.

CRS-8
Present law
H.R. 3199 (Conference Report)
H.R. 3199 (Senate Passed(S. 1389))
Comments
USA PATRIOT and Terrorism
USA PATRIOT Improvement and
Prevention Reauthorization Act of
Reauthorization Act of 2005
2005
USA PATRIOT Act Reauthorization and Related Matters
wrecking; 18 U.S.C. 1992; another
into a new section 1992; provides
outlaws attacks on mass transit, 18
uniform penalty and jurisdictional
U.S.C. 1993.
standards; increases the penalties for
aggravated offenses to imprisonment for
any term of years or for life and where
death results to imprisonment for life or
death, 18 U.S.C. 1992.
Federal law permits U.S. confiscation of
Sec.111. Authorizes the confiscation of
No comparable provision.
property within U.S. jurisdiction derived
property within U.S. jurisdiction
from certain drug offenses committed in
constituting the proceeds from or used to
violation of foreign law, 18 U.S.C.
facilitate the commission of any offense
981(a)(1)(B); it also permits U.S.
which involves “trafficking in nuclear,
confiscation of property associated with
chemical, biological, or radiological
certain terrorist offenses, 18 U.S.C.
weapons technology or material” and
981(a)(1) (G).
which is punishable under foreign law by
death or imprisonment for a term
exceeding one year or would be so
punishable if committed within U.S
jurisdiction, amending 18 U.S.C. 981(a)
(1)(B)(i).
Crimes designated as federal crimes of
Sec.112. Adds 18 U.S.C. 2339D (relating
No comparable provision.
terrorism (18 U.S.C. 2332b(g)(5)) trigger
to military-type training from a foreign
the application of other federal laws, e.g.,
terrorist organization) and 18 U.S.C. 832
18 U.S.C. 1961(1)(g)(RICO predicates),
(relating to nuclear and weapons of mass
3142 (bail), 3286 (statute of limitations),
destruction threats) to the list of federal
3583 (supervised release).
crimes of terrorism, 18 U.S.C. 2332b(g)
(5)(B)(i).
Federal law authorizes judicially
Sec.113. Adds the following offenses to
No comparable provision.
supervised law enforcement interception
the wiretapping predicate offense list: 18
of wire, oral or electronic
U.S.C. 37(violence at international
communications (wiretapping) in the
airports), 81 (arson), 175b (biological
investigation of certain crimes (predicate
agents), 832 (nuclear and weapons of
offenses), 18 U.S.C. 2516(1).
mass destruction threats), 930
(possession of weapons in federal
facilities), 956 (conspiracy to commit
violence overseas), 1028A (aggravated

CRS-9
Present law
H.R. 3199 (Conference Report)
H.R. 3199 (Senate Passed(S. 1389))
Comments
USA PATRIOT and Terrorism
USA PATRIOT Improvement and
Prevention Reauthorization Act of
Reauthorization Act of 2005
2005
USA PATRIOT Act Reauthorization and Related Matters
identify theft); 1114 (killing federal
employees), 1116 (killing certain foreign
officials), 1992 (attacks on mass transit),
2155-2156 (national defense property
offenses), 2280 (violence against
maritime navigation), 2281 (violence
against fixed maritime platforms), 2340A
(torture), 1028A (aggravated identity
theft), 2339 (harboring terrorists), and
2339D (terrorist military training); 15
U.S.C. 1, 2, 3 (Sherman Act anti-trust
violations); 31 U.S.C. 5324 (smurfing);
49 U.S.C. 46504 (assault of a flight crew
member with a dangerous weapon),
46503(b)(3),(c)(explosives abroad an
aircraft), 18 U.S.C. 2516.
Federal law authorizes delayed
Sec.114. Permits delays of no more than
Sec. 5. Permits delays of no more than 7
notification of the execution of a sneak
30 days (or a later date certain if the facts
days (or date certain if the facts justify)
and peek search warrant for a reasonable
justify) with 90 days extensions (or
with 90 days extensions as the facts
period of time (with the possibility of
longer if the facts justify).
justify).
extensions) when disclosure may result in
Eliminates trial delay as a justification.
Comparable provision.
flight, destruction of evidence,
intimidation of a witness, danger to an
individual, serious jeopardy to an
investigation, or undue trial delay, 18
Requires detailed annual, public reports
Comparable provision.
U.S.C. 3103a.
thru the Administrative Office of U.S.
Courts on use of the authority, 18 U.S.C.
3103a.

CRS-10
Present law
H.R. 3199 (Conference Report)
H.R. 3199 (Senate Passed(S. 1389))
Comments
USA PATRIOT and Terrorism
USA PATRIOT Improvement and
Prevention Reauthorization Act of
Reauthorization Act of 2005
2005
USA PATRIOT Act Reauthorization and Related Matters
Judicial review and enforcement of
Sec.115. Authorizes judicial enforcement
Sec.8(a), (c). Amends 18 U.S.C. 2709 to
National Security Letters (NSL):
of NSLs; the court may quash or modify
permit judicial enforcement in U.S.
18 U.S.C. 2709(b): No comparable
a request if compliance would be
district court of orders under that section;
provisions
unreasonable, oppressive or otherwise
the court may quash or modify a request
15 U.S.C. 1681v: No comparable
unlawful, 28 U.S.C. 3511(a).
if compliance would be unreasonable or
provisions
oppressive or violate any constitutional
15 U.S.C. 1681u: FBI may seek
or other legal right or privilege, 18
information through an ex parte court
U.S.C. 2709((a)(2).
order
Sec.115. Recipients may petition to have
Sec.8(b). Recipients may petition to have
12 U.S.C. 3414(a)(5): No comparable
nondisclosure orders lifted or modified
nondisclosure orders lifted or modified at
provisions
once a year and petitions may be granted
any time and petitions may be granted
50 U.S.C.436:No comparable
upon a finding there is no reason to
upon a finding there is no reason to
provisions.
believe disclosure may endanger national
believe disclosure may endanger national
security, or interfere with an
security, or interfere with an
investigation or diplomatic relations, or
investigation or diplomatic relations, or
endanger a life. Good faith certification
endanger a life. Good faith governmental
of such danger by senior agency officials
certification of a danger of national
is conclusive, 28 U.S.C. 3511(b).
security or interference with diplomatic
relations is conclusive, 18 U.S.C.
2709(c)(4).
Sec.115 Disobedience of the U.S. district
No comparable provision.
court’s order to respond to NSL is
punishable as contempt, 28 U.S.C.
3511(c).

Sec.115. Proceedings are closed (except
Sec. (d). Classified Information
contempt proceedings) and government
Procedure Act provisions apply, 18
may request that its evidence be
U.S.C. 2709((b),(c).
considered ex parte and in camera, 28
U.S.C. 3511(d),(e).
Nondisclosure provisions:
Sec.116. Amends the NSL statutes to
No comparable provision.
Sec.4(b)-(e) (S. 2271). Amends the
18 U.S.C. 2709: general prohibition
provide for nondisclosure orders when
conference bill to add language to each
against disclosure; no explicit exceptions,
the investigative agency determines that
Sec.8. Amends 18 U.S.C. 2709 to permit
NSL statute requiring recipients to notify
penalties for violation, or provisions for
the disclosure may endanger any
disclosure to: those necessary for
the authority issuing the letter and
termination
individual or national security, or
compliance; an attorney for legal advice.
identify the individuals to whom they
15 U.S.C. 1681v: general prohibition
interfere with diplomatic relations or a
have disclosed or will disclose the
against disclosure; no explicit exceptions,
criminal or intelligence investigation.
No comparable provision.
request, but expressly providing that they

CRS-11
Present law
H.R. 3199 (Conference Report)
H.R. 3199 (Senate Passed(S. 1389))
Comments
USA PATRIOT and Terrorism
USA PATRIOT Improvement and
Prevention Reauthorization Act of
Reauthorization Act of 2005
2005
USA PATRIOT Act Reauthorization and Related Matters
penalties for violation, or provisions for
Amends the NSL statutes to permit
are not required to identify their
termination
disclosure to: those necessary for
attorneys.
15 U.S.C. 1681u: general prohibition
compliance; an attorney for legal advice.
against disclosure; no explicit exceptions,
Permits a requirement that recipients
penalties for violation, or provisions for
advise government authorities of any
termination
anticipated disclosure but recipients may
12 U.S.C. 3414(a)(5): general ban on
not be required to provide notification of
disclosure; no explicit exceptions,
an intent to seek legal advice.
penalties for violation, or provisions for
termination
50 U.S.C. 436(b): general ban on
disclosure; no explicit exceptions,
penalties for violation, or provisions for
termination.
Sec.117. Violations of the nondisclosure
No comparable provision.
requirements are punishable by
imprisonment for not more than 1 year
(imprisonment for not more than 5 years
if committed with an intent to obstruct),
18 U.S.C. 1510(e).
No comparable provision.
No comparable provision.
Sec.5. (S. 2271). Amends the
communications NSL statute to make it
clear that libraries that provide computer
walk up service are not to be considered
communications providers for purposes
of the NSL statute, 18U.S.C. 2709(f).
Reports to Congress:
Sec.118. Requires that any reports to a
18 U.S.C. 2709(e): Requires FBI reports
Congressional committee on NSLs shall
No comparable provision.
to the Intelligence and Judiciary
also be provided to the Judiciary
Committees every six months
Committees.
15 U.S.C. 1681v:No comparable
Requires detailed reports on use of the
provisions
authority to the Judiciary Committees
15 U.S.C. 1681u(h): Requires FBI
and certain other jurisdictional
reports to the Intelligence and banking
committees.
Committees every six months
12 U.S.C. 3414(a)(5): No comparable

CRS-12
Present law
H.R. 3199 (Conference Report)
H.R. 3199 (Senate Passed(S. 1389))
Comments
USA PATRIOT and Terrorism
USA PATRIOT Improvement and
Prevention Reauthorization Act of
Reauthorization Act of 2005
2005
USA PATRIOT Act Reauthorization and Related Matters
provisions
50 U.S.C. 436: No comparable
provisions
Sec.119. Directs the DoJ Inspector
General to conducted a detailed audit of
No comparable provision.
effectiveness and any abuse of the NSLs
authority; calls for the submission to
Congress of proposed minimization
procedures to ensure the protection of
constitutional rights.
Federal law (18 U.S.C. 981(a)(1)(G))
Sec.120. Changes the cross reference in
authorizes the confiscation of property
the confiscation provision from section
No comparable provision.
derived from or used to facilitate
2331 defined international or domestic
international or domestic terrorism as
terrorism to international or domestic
defined in 18 U.S.C. 2331 (which defines
terrorism (as defined in 2332b(g)(5)(B)).
terrorism generically: acts dangerous to
human life in violation of state or federal
criminal law); an alternative definition,
federal crimes of terrorism, lists specific
federal crimes that qualify for the
definition, 18 U.S.C. 2332b(g)(5) (B).
Federal law prohibits trafficking in
Sec.121. Lowers the threshold to 10,000
contraband cigarettes (i.e., more than
cigarettes or 500 cans or packages of
No comparable provision.
60,000 cigarettes without tax stamps), 18
smokeless tobacco; and creates a federal
U.S.C. 2341-2346.
cause of action against violators (other
than Indian tribes or Indians in Indian
country) for manufacturers, exporters,
and state and local authorities.
Federal law prohibits drug trafficking, 21
Sec.122. Makes it a federal crime to
U.S.C. 841-971; and providing material
engage in drug trafficking for the benefit
No comparable provision.
support for terrorists or designated
of a foreign terrorist organization or of a
terrorist organizations, 18 U.S.C. 2339A,
person planning or committing a terrorist
2339B.
offense (punishable by imprisonment for
less than twice the term otherwise
authorized nor more than life), 21 U.S.C.
960A.

CRS-13
Present law
H.R. 3199 (Conference Report)
H.R. 3199 (Senate Passed(S. 1389))
Comments
USA PATRIOT and Terrorism
USA PATRIOT Improvement and
Prevention Reauthorization Act of
Reauthorization Act of 2005
2005
USA PATRIOT Act Reauthorization and Related Matters
Destruction of aircraft or their facilities is
Sec.123. Amends sec. 32 to outlaw
a federal crime, 18 U.S.C. 32.
interfering with or disabling a pilot or air
No comparable provision.
navigation facility operator with intent to
endanger or with regardless disregard for
human safety.
FISA provisions preclude the exercise
Sec.124. Pronounces the sense of
of authority in an investigation based
Congress that federal criminal
No comparable provision.
solely upon the exercise of 1st
investigations should not be premised
Amendment protected rights, e.g., 50
solely upon a citizen’s engaging in lawful
U.S.C. 1805(a)(3).
political activity or membership in a non-
violent political organization.
Sec.125. Establishes immunity from civil
liability (other than gross negligence or
No comparable provision.
intentional misconduct) for anyone who
donates fire equipment to a volunteer fire
company, other than a fire equipment
manufacturer or some one who has
modified or altered the equipment after
recertification.
The Privacy Act regulates the
Sec.126. Instructs the Attorney General
government’s management of its
to report to Congress on the data-mining
No comparable provision.
individually identifying system of
activities conducted by the various
records, 5 U.S.C. 552a.
federal agencies and departments.
Property related to certain federal crimes
Sec.127. Expresses the sense of Congress
is subject to confiscation by the U.S.,
that the victims of terrorist attacks should
No comparable provision.
e.g., 18 U.S.C. 981.
have access to the assets forfeited.
USA PATRIOT Act expands FISA pen
Sec.128. Upon applicant request, requires
Sec. 6. Comparable provision
register authority to include electronic
providers to supply available customer
communications, 50 U.S.C. 1842, 1843.
information relating to communications
FISA requires full reports on use of FISA
subject to FISA pen register orders, 50
pen register authority to congressional
U.S.C. 1842(d)(2)(C).
intelligence committees twice a year, 50
U.S.C. 1846(a).
Requires full reports to congressional
judiciary committees twice a year as
well, 50 U.S.C. 1846(a).

CRS-14
Present law
H.R. 3199 (Conference Report)
H.R. 3199 (Senate Passed(S. 1389))
Comments
USA PATRIOT and Terrorism
USA PATRIOT Improvement and
Prevention Reauthorization Act of
Reauthorization Act of 2005
2005
Terrorism Death Penalty Enhancement
In 1974, Congress enacted air piracy
Sec.211. Makes the 1994 procedures
legislation with death penalty procedures
applicable to post 1974, pre-1994 air
No comparable provision.
designed overcome the Eighth
piracy murder cases.
Amendment limitations that made other
federal capital punishment provisions
unenforceable; in 1994 when Congress
enacted legislation to revive capital
punishment as a sentencing option in
federal capital cases generally it did not
expressly indicate whether the 1994
procedures were to apply to the cases that
theretofore fall under the 1974
legislation.
Existing law authorizes imposition of a
Sec.212. Authorizes supervised release
supervisory release term of any term of
for any term of years or for life in cases
No comparable provision.
years or for life in the case of conviction
of federal crimes of terrorism, regardless
for a federal crime of terrorism, if offense
of whether the offense involved a risk of
involved a risk of serious bodily injury,
serious injury.
18 U.S.C. 3583(j).
Congress authorized imposition of the
Sec.221, 222. Repeals the drug king-pin
death penalty in certain drug king-pin
capital procedures of 21 U.S.C. 848;
No comparable provision.
cases in 1988, 21 U.S.C. 848; in 1994 it
transfers the provisions for counsel for
established general procedures for federal
indigent death row habeas petitioners to
capital cases which differ slightly from
title 18, 18 U.S.C. 3599.
the drug provisions, 18 U.S.C. 3591-
3598; subsection 848(q) provides
assistance of counsel for indigent death
row habeas petitioners.

CRS-15
Present law
H.R. 3199 (Conference Report)
H.R. 3199 (Senate Passed(S. 1389))
Comments
USA PATRIOT and Terrorism
USA PATRIOT Improvement and
Prevention Reauthorization Act of
Reauthorization Act of 2005
2005
Reducing Crime and Terrorism at America’s Seaports
Federal law outlaws the use of false
Sec.302. Makes the section applicable to
pretenses to gain entry to the secured
gaining entry to a seaport by false
No comparable provision.
areas in an airport; violations are
pretenses; increases the maximum
punishable by imprisonment for not more
penalty for false entry to imprisonment
than 5 years committed with the intent to
for not more than 10 years; provides a
commit a felony, 18 U.S.C. 1036.
new definition of seaport (18 U.S.C. 26).
Various federal laws prohibit the failure
Sec.303. Outlaws failure to heave to or
to heave to or otherwise obstruct
obstructing an authorized federal law
No comparable provision.
maritime inspection under various
enforcement officer; violations are
circumstances, e.g., 16 U.S.C. 2435,
punishable by imprisonment for not more
2438 (enforcement of the Antarctic
than 5 years and/or a fine of not more
Marine Living Resources Convention),
than $250,000, 18 U.S.C. 2237.
5505, 5508 (high seas fishing
compliance).
Existing federal law proscribes violence
Sec.304. Establishes a new criminal
against maritime navigation, 18 U.S.C.
offense prohibiting placing a dangerous
No comparable provision.
2280, burning or bombing vessels, 2275,
device or substance in U.S. waters likely
or destruction of property within U.S.
to destroy or damage ships or interfere
special maritime jurisdiction, 1363.
with maritime commerce; violations are
punishable by imprisonment for any term
of years or life and/or a fine of not more
than $250,000, proposed 18 U.S.C.
2282A.
Creates a second criminal provision
outlawing violence against aids to
maritime navigation maintained by the
Coast Guard and St. Lawrence Seaway
Development Corp. proposed 18 U.S.C.
2282B.

CRS-16
Present law
H.R. 3199 (Conference Report)
H.R. 3199 (Senate Passed(S. 1389))
Comments
USA PATRIOT and Terrorism
USA PATRIOT Improvement and
Prevention Reauthorization Act of
Reauthorization Act of 2005
2005
Reducing Crime and Terrorism at America’s Seaports
Federal law outlaws possession of
Sec.305. Creates two new federal crimes,
biological agents, chemical weapons,
18 U.S.C. 2283 (transporting explosive,
No comparable provision.
atomic weapons, nuclear material, each
biological, chemical, or radioactive or
punishable by imprisonment for any term
nuclear material aboard a vessel
of years or for life, 18 U.S.C. 175, 229,
believing they will be used to commit a
831; 42 U.S.C. 2272; aiding or abetting
federal crime of terrorism) and 18 U.S.C.
the commission of a federal crime of
2284 (transporting a terrorist aboard a
terrorism which carries the same
vessel believing the terrorist intends to
punishment as the underlying offense, 18
commit or is fleeing following the
U.S.C. 2; and harboring a terrorist, 18
commission of a federal crime of
U.S.C. 2339 (punishable by
terrorism); both offenses are punishable
imprisonment for not more than 10
by imprisonment for any term of years or
years).
for life; the death penalty may be
imposed for a violation of 18 U.S.C.
2283 if death results.

CRS-17
Present law
H.R. 3199 (Conference Report)
H.R. 3199 (Senate Passed(S. 1389))
Comments
USA PATRIOT and Terrorism
USA PATRIOT Improvement and
Prevention Reauthorization Act of
Reauthorization Act of 2005
2005
Reducing Crime and Terrorism at America’s Seaports
18 U.S.C. ch. 111 outlaws damage or
Sec.306. Establishes a new chapter 111A
destruction of vessels and maritime
in title 18 relating to the destruction of, or
No comparable provision.
facilities, e.g., 18 U.S.C. 2280 (violence
interference with, vessels or maritime
against maritime navigation), 2275
facilities which among other things:
(burning or bombing vessels); other
makes violence — committed, attempted
federal statutes supply parallel coverage
or conspired — against vessels or their
under some circumstances, e.g., 18
facilities punishable by imprisonment for
U.S.C. 1363(damage or destruction of
not more than 20 years (by imprisonment
property within U.S. special maritime
for any term of years or life if the offense
jurisdiction), 81(arson within U.S. special
involves a vessel carrying high level
maritime jurisdiction), 844(i)(burning or
radioactive waste or spent nuclear fuel; if
bombing property used in interstate or
death results, by imprisonment for any
foreign commerce); hoaxes relating to
term of years or for life or by death); and
violations of ch. 111 are punishable by
makes threats to do so punishable by
imprisonment for not more than 5 years
imprisonment for not more than 5 years,
(not more than 20 years if serious injury
proposed 18 U.S.C. 2291; makes related
results and if death results, by
hoaxes punishable by a civil fine of not
imprisonment for any term of years or for
more than $5000 or imprisonment for not
life or by death), 18 U.S.C. 1038.
more than 5 years, proposed 18 U.S.C.
2292; establishes U.S. jurisdiction over
offenses committed overseas when the
offender, victim, or vessel is an
American, proposed 18 U.S.C. 2290.
Federal law prohibits theft from interstate
Sec.307(a). Increases the penalty from
or foreign shipment; violations are
not more than 1 year to not more than 3
No comparable provision.
punishable by imprisonment for not more
years if the value of the stolen property is
than 10 years (not more 1 year if the
$1000 or less; makes clear that theft from
value of the stolen property is $1000 or
trailers, cargo containers, freight stations,
less), 18 U.S.C. 659.
and warehouses are covered; makes clear
that the theft of goods awaiting
transshipment is also covered.

CRS-18
Present law
H.R. 3199 (Conference Report)
H.R. 3199 (Senate Passed(S. 1389))
Comments
USA PATRIOT and Terrorism
USA PATRIOT Improvement and
Prevention Reauthorization Act of
Reauthorization Act of 2005
2005
Reducing Crime and Terrorism at America’s Seaports
Interstate or foreign transportation of a
Sec.307(b)-(e). Expands the coverage of
stolen vehicle or aircraft is punishable by
the federal law to cover the interstate or
No comparable provision.
imprisonment for not more than 10 years,
foreign transportation of a stolen vessel
18 U.S.C. 2312; receipt of a stolen
and receipt of a stolen vessel that has
vehicle or aircraft that has been
been transported in interstate or overseas.
transported in interstate or foreign
Instructs the U.S. Sentencing
commerce carries the same penalty, 18
Commission to review the sentencing
U.S.C. 2313.
guidelines applicable to violations of 18
U.S.C. 659 and 18 U.S.C. 2311.
Directs the Attorney General to see to the
inclusion of cargo thefts included in the
Uniform Crime Reporting System and to
report to Congress annually on law
enforcement activities relating to theft
from interstate or foreign shipments in
violation of 18 U.S.C. 659.
Stowaways on a vessel or aircraft are
Sec.308. Increases the penalty for
punishable by imprisonment for not more
stowaways from not more than 1 year to
No comparable provision.
than 1 year, 18 U.S.C. 2199.
not more than 5 years; or to not more
than 20 years if the offense is committed
with the intent to inflict serious injury
upon another or if serious injury to
another results; or if death results, to
imprisonment for any term of years or for
life, 18 U.S.C. 2199.

CRS-19
Present law
H.R. 3199 (Conference Report)
H.R. 3199 (Senate Passed(S. 1389))
Comments
USA PATRIOT and Terrorism
USA PATRIOT Improvement and
Prevention Reauthorization Act of
Reauthorization Act of 2005
2005
Reducing Crime and Terrorism at America’s Seaports
Bribery of a federal official is punishable
Sec.309. Makes it a new federal crime to
by imprisonment for not more than 15
bribe any individual (private or public)
No comparable provision.
years, 18 U.S.C. 201; many federal
with respect to various activities within
terrorism crimes carry maximum
any secure or restricted area or seaport —
penalties of imprisonment for 20 years or
with the intent to commit international or
more, e.g., 18 U.S.C. 32 (destruction of
domestic terrorism (18 U.S.C. 2331);
aircraft, 20 years), 81 (arson, 25 years),
violations are punishable by
2332a (weapons of mass destruction,
imprisonment for not more than 15 years,
life); those who aid or abet their
18 U.S.C. 226.
commission are subject to the same
penalties, 18 U.S.C. 2, as are
coconspirators, United States v.
Pinkerton, 328 U.S. 640 (1946).
In general, smuggling is punishable by
Sec.310. Increases the penalty for
imprisonment for not more than 5 years,
violations of section 545 (smuggling)
No comparable provision.
18 U.S.C. 545.
from imprisonment for not more than 5
years to imprisonment for not more than
20 years.
The penalty for smuggling goods into
Sec.311(a). Outlaws smuggling goods
foreign countries by the owners,
out of the U.S. in a new statute
No comparable provision.
operators, or crew of a vessel is
punishable by imprisonment for not more
imprisonment for not more than 5 years,
than 10 years, 18 U.S.C. 554.
18 U.S.C. 546. The same penalty applies
for smuggling goods into the U.S.
generally, 18 U.S.C. 545, although
section 312 above would increase the
maximum to imprisonment for not more
than 20 years. Other federal penalties
apply for smuggling or unlawfully
exporting various specific goods or
materials out of the United States or into
other countries, e.g., bulk cash
smuggling, 21 U.S.C. 953 (controlled
substances), 553 (stolen motor vehicles).

CRS-20
Present law
H.R. 3199 (Conference Report)
H.R. 3199 (Senate Passed(S. 1389))
Comments
USA PATRIOT and Terrorism
USA PATRIOT Improvement and
Prevention Reauthorization Act of
Reauthorization Act of 2005
2005
Reducing Crime and Terrorism at America’s Seaports
Federal law prohibits laundering using
Sec.311(c). Adds the new section, 18
the proceeds from various predicate
U.S.C. 554, to the money laundering
No comparable provisions.
offenses, 18 U.S.C. 1956, 1957; in
predicate offense list.
addition to other penalties the assets
involved are subject to confiscation, 18
U.S.C. 981(a)(1)(A).
Federal law calls for the confiscation of
Sec.311(d). Calls for the confiscation of
goods smuggled into the U.S. and of
goods smuggled out of the U.S. and of
No comparable provisions.
conveyances used to smuggle them, 19
the property used to facilitate the
U.S.C. 1595a.
smuggling, proposed 19 U.S.C. 1595a(d).
Federal law penalizes removing goods
Sec.311(e). Increases the penalty for
from the custody of the Customs Service
removing goods from the custody of the
No comparable provisions.
by imprisonment for not more than 2
Customs Service from imprisonment for
years, 18 U.S.C. 549.
not more than 2 years to imprisonment
for not more than 10 years.

CRS-21
Present law
H.R. 3199 (Conference Report)
H.R. 3199 (Senate Passed(S. 1389))
Comments
USA PATRIOT and Terrorism
USA PATRIOT Improvement and
Prevention Reauthorization Act of
Reauthorization Act of 2005
2005
Combating Terrorism Financing
Violations of the Emergency Economic
Sec.402. Increases the maximum term of
Powers Act which outlaws violations of
imprisonment to not more than 20 years
No comparable provision.
presidential orders issued under the Act
and changes the maximum civil penalty
including but not limited to those that bar
to $50,000, 50 U.S.C. 1705.
financial dealings with designated
terrorist and terrorist groups are
punishable by a civil penalty of not more
than $10,000 and by imprisonment for
not more than 10 years, 50 U.S.C. 1705.
Federal law imposes severe penalties (up
Sec.403. Adds 18 U.S.C. 1960 (money
to 20 years imprisonment) for acquiring
transmitters) to the RICO list and
No comparable provision.
or operating an enterprise through the
consequently to the money laundering
pattern commission of any of a series of
predicate offense list.
predicate offenses, 18 U.S.C. 1961-1965
(RICO).
Federal law also proscribes laundering
the proceeds of any of a series of
Amends the money laundering statute to
predicate offenses, 18 U.S.C. 1956, 1957.
provide a clear statement of the relative
Confiscation is a consequence of a RICO
investigative jurisdiction of various
or money laundering violation, 18 U.S.C.
federal agencies, 18 U.S.C. 1956(e),
1963, 981. The proceeds from such
1957(e).
confiscation are available to
proportionately to the arresting and
prosecuting agencies, 28 U.S.C. 524(c).

CRS-22
Present law
H.R. 3199 (Conference Report)
H.R. 3199 (Senate Passed(S. 1389))
Comments
USA PATRIOT and Terrorism
USA PATRIOT Improvement and
Prevention Reauthorization Act of
Reauthorization Act of 2005
2005
Combating Terrorism Financing
The property derived from or used to
Sec.404. Authorizes the confiscation of
facilitate certain terrorist offenses
property located within the U.S. of an
No comparable provision.
committed against the U.S. is subject to
individual or entity planning or
confiscation, 18 U.S.C. 981(a)(1)(G).
committing an act of international
terrorism against a foreign government or
international organization where an act in
furtherance of the plan or commission
has occurred within the jurisdiction of the
U.S. No nexus is required between the
property and the misconduct other than
ownership by the individual or entity, but
the Constitution may limit the provision’s
reach at least in some instances to
property derived from or used to
facilitate the misconduct, U.S.Const. Art.
III, §3, cl.2, Amend. V.
Federal law prohibits laundering the
Sec.405. Outlaws each of any “dependent
proceeds from various predicate offenses,
transactions” relating to a money
No comparable provision.
18 U.S.C. 1956, 1957; in addition to
laundering transaction (and thus subjects
other penalties the assets involved are
the assets involved to confiscation in
subject to confiscation, 18 U.S.C.
addition to other penalties); defines a
981(a)(1)(A)
dependent transaction as one that
complements, completes or would not
have occurred but for the proscribed
laundering financial transaction, 18
U.S.C. 1956(a)(1).
In money laundering confiscation cases
Sec. 406(a)(2). Amends subsection
involving property owned by a foreign
1956(b) apparently to permit pre-trial
No comparable provision.
person, federal law permits the federal
restraining orders and federal receivers
court with jurisdiction over the foreign
regardless of whether the property owner
property owner to issue a pre-trial
if foreign or American.
restraining order and appoint a federal
receiver prior to adjudicating the merits
of the confiscation, 18 U.S.C.
1956(b)(2),(3),(4).

CRS-23
Present law
H.R. 3199 (Conference Report)
H.R. 3199 (Senate Passed(S. 1389))
Comments
USA PATRIOT and Terrorism
USA PATRIOT Improvement and
Prevention Reauthorization Act of
Reauthorization Act of 2005
2005
Combating Terrorism Financing
Federal law allows the substitution of
Sec. 406(a)(4). Makes it clear that
assets held in this country by a foreign
subsection 981(k) applies to foreign
No comparable provision.
bank with overseas accounts containing
financial institutions and not just foreign
forfeitable assets, 18 U.S.C. 981(k).
banks.
In order to avoid either arguable
Sec. 406(b). Enacts subsections 316(a),
constitutional infirmity or the more
(b), and (c) as part of title 18, 18 U.S.C.
No comparable provision.
generous coverage of otherwise
987.
applicable procedures, section 316 of the
USA PATRIOT Act establishes certain
procedural rights relating to property
seized for confiscation as the assets of
international terrorists.
Federal law prohibits the destruction or
Sec. 406(c). Amends section 33 so that
attempted destruction of commercial
conspiracy to violate its provisions carry
No comparable provision.
motor vehicles or their facilities and
the same 20 year maximum penalty as
punishes violations by imprisonment for
the underlying violations.
not more than 20 years, 18 U.S.C. 33; the
general conspiracy statute punishes
conspiracy to the violate the provision by
imprisonment for not more than 5 years,
18 U.S.C. 371.
31 U.S.C. 5318(n)(4) (A) contains an
Sec.407. In 31 U.S.C. 5318(n)(4)(A)
incomplete cross reference.
changes National Intelligence Reform
No comparable provision.
Act of 2004 to National Intelligence
Reform and Terrorism Prevention Act of
2004.
Section 6604 of the Intelligence Reform
Sec.408. Amends section 6604 to change
and Terrorist Prevention Act contains
2339c(c)(2) to 2339C(c)(2) and 2339c(e)
No comparable provision.
typographical errors.
to 2339C(e).

CRS-24
Present law
H.R. 3199 (Conference Report)
H.R. 3199 (Senate Passed(S. 1389))
Comments
USA PATRIOT and Terrorism
USA PATRIOT Improvement and
Prevention Reauthorization Act of
Reauthorization Act of 2005
2005
Combating Terrorism Financing
Federal law prohibits laundering the
Sec.409. Adds receipt of foreign terrorist
proceeds of various predicate offenses,
military training to the list of money
No comparable provision.
18 U.S.C. 1956, 1957; in addition to
laundering predicate offenses.
other penalties the assets involved are
subject to confiscation, 18 U.S.C.
981(a)(1)(A); it also outlaws the receipt
of foreign terrorist military training, 18
U.S.C. 2339D.
Federal law calls for the confiscation of
Sec.410. Gives the government the
property related to various criminal
option of processing civil forfeitures as
No comparable provision.
offenses; in some instances procedure is
part of the criminal proceedings against
civil, in others it is criminal, e.g., 21
the property owner, 28 U.S.C. 2461(c).
U.S.C. 881, 853.

CRS-25
Present law
H.R. 3199 (Conference Report)
H.R. 3199 (Senate Passed(S. 1389))
Comments
USA PATRIOT and Terrorism
USA PATRIOT Improvement and
Prevention Reauthorization Act of
Reauthorization Act of 2005
2005
Miscellaneous Provisions
United States Attorneys are required to
Sec.501. Permits the Attorney General or
reside in the district for which they are
his designee to assign U.S. Attorneys to
No comparable provision.
appointed as a general rule, 28 U.S.C.
additional responsibilities exempting
545.
them from the residency requirement, 28
U.S.C. 545.
Existing law permits the Attorney
Sec.502. Eliminates the authority of the
General to temporarily fill a U.S.
court and allows the temporary U.S.
No comparable provision.
Attorney vacancy, if after 120 days a
Attorney to serve until confirmation of a
permanent replacement has not been
replacement, 28 U.S.C. 546.
confirmed, the district court is
empowered to name a temporary U.S.
Attorney to serve until one is confirmed,
28 U.S.C. 546.
The heads of various federal departments
Sec.503. Adds the Secretary of the
come within the line of presidential
Department of Homeland Security to the
No comparable provision.
succession, 3 U.S.C. 19(d)(1).
line of presidential succession, 3 U.S.C.
19(d)(1).
The heads of various federal agencies are
Sec.504. Makes the Director of the
subject to nomination and appointment
Bureau of Alcohol, Tobacco, Firearms,
No comparable provision.
following advice and consent of the
and Explosives an advice and consent
Senate, U.S. Const. Art.II, §2. cl.2.
position, 6 U.S.C. 531(a)(2).
United States Marshals are appointed for
Sec.505. Sets minimum statutory
the various federal districts, 28 U.S.C.
qualifications for U.S. Marshals, 28
No comparable provision.
561.
U.S.C. 561.
Some DoJ components are creatures of
Sec.506. Creates a National Security
statute, e.g., 28 U.S.C. 531 (F.B.I.); most
Division headed by a statutory Assistant
No comparable provision.
are not.
Attorney General for National Security
within DoJ, 28 U.S.C. 507A, 506, 509A,
etc.

CRS-26
Present law
H.R. 3199 (Conference Report)
H.R. 3199 (Senate Passed(S. 1389))
Comments
USA PATRIOT and Terrorism
USA PATRIOT Improvement and
Prevention Reauthorization Act of
Reauthorization Act of 2005
2005
Miscellaneous Provisions
Existing federal law affords qualified
Sec.507. Permits the Attorney General
states an alternative procedures for
rather than the courts to certify
No comparable provision.
capital habeas cases; qualification is
qualification under amended procedures,
predicated on the level of appointed
28 U.S.C. 2261, 2265.
counsel provided indigents in capital
cases; no state has yet qualified, 28
U.S.C. 2265.

CRS-27
Present law
H.R. 3199 (Conference Report)
H.R. 3199 (Senate Passed(S. 1389))
Comments
USA PATRIOT and Terrorism
USA PATRIOT Improvement and
Prevention Reauthorization Act of
Reauthorization Act of 2005
2005
Secret Service
Federal law prohibits disorderly conduct
Sec.602. Adds interference with “special
on federal property, and trespassing in
security events” to the list of section
No comparable provision.
places where the persons under Secret
1752 offenses; increases the penalty to
Service protection are visiting or
imprisonment of not more than 1 year
residing; offenders are punishable by
(not more than 10 years if the offender
imprisonment for not more than 6
uses or carries firearm, deadly or
months, 18 U.S.C. 1752.
dangerous weapon), 18 U.S.C. 1752 .
It is a federal crime to possess false
Sec.603. Outlaws possession of
government credentials, identification
identification, credentials, or passes
No comparable provision.
documents, or passes; the offense is
issued by the sponsors of an event the
punishable bv imprisonment for not more
President has designated at a “special
than 1 year (for not more than 20 years if
event of national significance;” offenders
the offense is committed in connection
are subject to the penalties under 18
with a crime of violence or a drug
U.S.C. 1028.
offenses; for not more than 30 years if
committed in furtherance of act of
domestic or international terrorism), 18
U.S.C. 1028.
Secret Service officers and employees are
Sec.604. Amends subsection 3056(f) to
authorized to provide missing children
provide that the “Secret Service” rather
No comparable provision.
assistance under some circumstances, 18
than “officers and employees of the
U.S.C. 3056(f).
Secret Service” may provide such
assistance, 18 U.S.C. 3056(f).
The United States Secret Service
Sec.605. Transfers and revises the
Uniform Division is a creature of statute,
Division’s organic act, 18 U.S.C. 3056A.
No comparable provision.
3 U.S.C. ch. 3.
Sec.606. Makes it clear that the transfer
and revisions do not affect certain
No comparable provision.
retirement benefits or certain authority of
the Secretary of State.

CRS-28
Present law
H.R. 3199 (Conference Report)
H.R. 3199 (Senate Passed(S. 1389))
Comments
USA PATRIOT and Terrorism
USA PATRIOT Improvement and
Prevention Reauthorization Act of
Reauthorization Act of 2005
2005
Secret Service
Sec.607. Statutorily provides that the
Secret Service is a distinct entity within
No comparable provision.
the Department of Homeland Security,
18 U.S.C. 3056(g).
Sec.608. Exempts the Advisory
Committee Regarding Protection of
No comparable provision.
Major Presidential and Vice Presidential
Candidates and the Electronic Crimes
Task Forces from the Federal Advisory
Committee Act (5 U.S.C. App.2), 18
U.S.C. 3056(a)(7), 3056 note.
Present law
H.R. 3199 (Conference Report)
H.R. 3199 (Senate Passed(S. 1389))
Comments
USA PATRIOT and Terrorism
USA PATRIOT Improvement and
Prevention Reauthorization Act of
Reauthorization Act of 2005
2005
Combat Methamphetamine Epidemic Act of 2005
Existing law permits over the counter
Sec.711(a),(b). Limits sales to 3.6 grams
sales of nonpresecription medicines
of EPP products per day, per customer,
No comparable provision.
containing ephedrine, pseudoephedrine,
21 U.S.C. 830(d).
or phenylpropanolamine (EPP) in
amounts up to 9 grams, 21U.S.C.
802(39).
Sec.711(b). EPP products must be kept
“behind the counter” and customers must
No comparable provision.
present identification and sign for the
purchase (unless the product contains 60
mg of pseudoephedrine or less), 21
U.S.C. 830(e).

CRS-29
Present law
H.R. 3199 (Conference Report)
H.R. 3199 (Senate Passed(S. 1389))
Comments
USA PATRIOT and Terrorism
USA PATRIOT Improvement and
Prevention Reauthorization Act of
Reauthorization Act of 2005
2005
Combat Methamphetamine Epidemic Act of 2005
Sec.711(c). Mail-order sales of EPP
products are limited to 7.5 grams per
No comparable provision.
month per customer, 21 U.S.C. 830(e).
Sec.711(d). The Attorney General may
waive the limits and requirements of
No comparable provision.
subsections 711(a) through (c) for
products that cannot be used for the illicit
manufacture of methamphetamine, 21
U.S.C. 830(e).
Sec.711(e),(f). Customer false statements
are punishable under 18 U.S.C. 1001
No comparable provision.
(imprisonment for not more than 5
years); violations of the EPP restrictions
are punishable under the civil and
criminal penalties to which registrants are
subject, 21 U.S.C. 842.
Sec.711(g). Preserves state regulatory
authority.
No comparable provision.
Sec.712. Conforming amendments so
that EPP products are treated like listed
No comparable provision.
chemicals, 21 U.S.C. 802.
Sec.713. Authorizes the Attorney
General to establish EPP production
No comparable provision.
quotas, 21 U.S.C. 826.
Sec.714. Includes EPP quota violations
with other controlled substance quota
No comparable provision.
violations, 21 U.S.C. 842.
Sec.715. Authorizes the Attorney
General to set EPP import quotas, 21
No comparable provision.
U.S.C. 952.

CRS-30
Present law
H.R. 3199 (Conference Report)
H.R. 3199 (Senate Passed(S. 1389))
Comments
USA PATRIOT and Terrorism
USA PATRIOT Improvement and
Prevention Reauthorization Act of
Reauthorization Act of 2005
2005
Combat Methamphetamine Epidemic Act of 2005
Sec.716. Amends the general provisions
governing approval of
No comparable provision.
importing/exporting precursor chemicals
requiring reapplication for approval in
certain instances when the originally
approved transaction has fallen thru and
been replaced by a successor, 21 U.S.C.
971.
Sec.717. Makes existing precursor
import/export sanctions applicable to
No comparable provision.
related EPP violations, 21 U.S.C.
960(d)(6).
Sec.718. Instructs the Attorney General
to confer with the U.S. Trade
No comparable provision.
Representative to ensure compliance with
U.S. international treaty and agreement
obligations.
Sec.721. Permits the Attorney General to
require importers to disclose a “chain of
No comparable provision.
custody” of EPP prior to its receipt; to
require information from related foreign
manufacturers and distributers; and to
prohibit import from uncooperative
foreign manufacturers and distributers,
21 U.S.C. 971.
Sec.722. Adds information concerning
EPP exporting and importing countries to
No comparable provision.
the international narcotics control
strategy report, 22 U.S.C. 2291h; makes
such nations subject to annual
certification under the Foreign Assistance
Act, 22 U.S.C. 2291j.

CRS-31
Present law
H.R. 3199 (Conference Report)
H.R. 3199 (Senate Passed(S. 1389))
Comments
USA PATRIOT and Terrorism
USA PATRIOT Improvement and
Prevention Reauthorization Act of
Reauthorization Act of 2005
2005
Combat Methamphetamine Epidemic Act of 2005
Sec.723. Directs the Secretary of State to
take action to prevent methamphetamine
No comparable provision.
smuggling from Mexico and report on
the effort.
Sec.731. Adds a term of imprisonment
of not more than 15 years to the
No comparable provision.
otherwise applicable penalties for
smuggling methamphetamine into the
U.S. using quick entry border procedures.
Cultivating a controlled substance on
Sec.732. Makes the prohibition
federal property subjects the offender to
applicable to manufacturing on federal
No comparable provision.
an additional fine of not more than
land as well, 21 U.S.C. 841(b)(5).
$500,000, 21 U.S.C. 841(b)(5).
The mandatory life imprisonment
Sec.733. Reduces the thresholds when
penalties for drug kingpins apply when
methamphetamine is involved to 200
No comparable provision.
the offense involves 300 times the
times or $5 million, 21 U.S.C. 848.
amount of drugs punishable as trafficking
or $10 million in receipts a year, 21
U.S.C. 848.
Sec.734. Adds a term of imprisonment of
not more than 20 years to the already
No comparable provision.
applicable penalties for making or
trafficking in methamphetamine in a
place where children live or are present,
21 U.S.C. 860a.
Sec.735. Authorizes the promulgation of
forms relating to the general sentencing
No comparable provision.
reporting requirements for federal judges,
28 U.S.C. 994(w).
Sec.736. Requires the Attorney General
to report twice a year on
No comparable provision.
methamphetamine enforcement efforts.

CRS-32
Present law
H.R. 3199 (Conference Report)
H.R. 3199 (Senate Passed(S. 1389))
Comments
USA PATRIOT and Terrorism
USA PATRIOT Improvement and
Prevention Reauthorization Act of
Reauthorization Act of 2005
2005
Combat Methamphetamine Epidemic Act of 2005
Sec.741. Requires the Secretary of
Transportation to report on the
No comparable provision.
designation of methamphetamine
byproducts as hazardous materials for
purpose of the Hazardous Material
Transportation Act, 49 U.S.C. 5103.
Sec.742. Directs the Administrator of the
Environmental Protection Agency to
No comparable provision.
report under the Solid Waste Disposal
Act on methamphetamine product waste,
42 U.S.C. 6921.
Sec.743. Authorizes imposition of
restitution orders to cover clean up costs
No comparable provision.
for illicit methamphetamine
manufacturing, 21 U.S.C. 853(q).
Sec.751. Adds mandatory drug testing
and sanction components to the drug
No comparable provision.
court grant program, 42 U.S.C. 3797u(c).
Sec.752. Authorizes appropriations of
$70 million for drug court grant
No comparable provision.
programs, 42 U.S.C. 3793(25).
Sec.753. Instructs the Attorney General
to study and report on the feasibility of
No comparable provision.
creating federal drug courts.
Sec.754. Authorizes appropriations of
$99 million for each of new 5 fiscal years
No comparable provision.
(2006 thru 2010) for grants for public
safety and methamphetamine sale, use,
and manufacturing “hot spots,” 42 U.S.C.
3796cc-2.

CRS-33
Present law
H.R. 3199 (Conference Report)
H.R. 3199 (Senate Passed(S. 1389))
Comments
USA PATRIOT and Terrorism
USA PATRIOT Improvement and
Prevention Reauthorization Act of
Reauthorization Act of 2005
2005
Combat Methamphetamine Epidemic Act of 2005
Sec.755. Authorizes appropriations of
$20 million of each of the next 2 fiscal
No comparable provision.
years (2006 and 2007) for grants drug-
endangered children programs, 42 U.S.C.
3799cc-1.
Sec.756. Authorizes the Attorney
General to establish a grant program to
No comparable provision.
address methamphetamine use by
pregnant and parenting women offenders.