H.R. 3199 - The USA Patriot and Terrorism Prevention Reauthorization Act of 2005

COMMITTEE ACTION:  REPORTED BY VOICE VOTE on Wednesday, July 20, 2005.
FLOOR ACTION: ADOPTED BY A RECORD VOTE OF 224-196 AFTER AGREEING TO THE PREVIOUS QUESTION BY THE YEAS AND NAYS BY A VOTE OF 224-197 on Thursday July 21, 2005.
MANAGERS: GINGREY/SLAUGHTER
109th Congress
1st Session

H. RES. 369
[Report No. 109-178]

H.R. 3199 - The USA Patriot and Terrorism Prevention Reauthorization Act of 2005

 

1. Structured Rule.

2. Provides two hours of general debate, with one hour and 30 minutes equally divided and controlled by the chairman and ranking minority member of the Committee on the Judiciary and 30 minutes equally divided and controlled by the chairman and ranking minority member of the Permanent Select Committee on Intelligence.

3. Waives all points of order against consideration of the bill.

4. Provides that in lieu of the amendments recommended by the Committee on the Judiciary and the Permanent Select Committee on Intelligence now printed in the bill, the amendment in the nature of a substitute printed in part A of the Rules Committee report shall be considered as the original bill for the purpose of amendment and shall be considered as read.

5. Waives all points of order against the amendment in the nature of a substitute printed in part A of the Rules Committee report.

6. Makes in order only those amendments printed in part B of the Rules Committee report, which may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole.

7. Waives all points of order against the amendments printed in part B of the Rules Committee report.

8. Provides one motion to recommit with or without instructions

---------

RESOLUTION

 

Resolved, That at any time after the adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for consideration of the bill (H.R. 3199) to extend and modify authorities needed to combat terrorism, and for other purposes. The first reading of the bill shall be dispensed with. All points of order against consideration of the bill are waived. General debate shall be confined to the bill and the amendments made in order by this resolution and shall not exceed two hours, with one hour and 30 minutes equally divided and controlled by the chairman and ranking minority member of the Committee on the Judiciary and 30 minutes equally divided and controlled by the chairman and ranking minority member of the Permanent Select Committee on Intelligence. After general debate the bill shall be considered for amendment under the five-minute rule. In lieu of the amendments recommended by the Committee on the Judiciary and the Permanent Select Committee on Intelligence now printed in the bill, it shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute printed in part A of the report of the Committee on Rules accompanying this resolution. That amendment in the nature of a substitute shall be considered as read. All points of order against that amendment in the nature of a substitute are waived. Notwithstanding clause 11 of rule XVIII, no amendment to that amendment in the nature of a substitute shall be in order except those printed in part B of the report of the Committee on Rules. Each amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole. All points of order against such amendments are waived. At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill to the House with such amendments as may have been adopted. Any Member may demand a separate vote in the House on any amendment adopted in the Committee of the Whole to the bill or to the amendment in the nature of a substitute made in order as original text. The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions.

PART A - SUMMARY OF AMENDMENT CONSIDERED AS THE ORIGINAL BILL FOR THE PURPOSE OF AMENDMENT
(Summary derived from information provided by the amendment sponsor.)

Modifies the following provisions of USA PATRIOT Act: (1) section 203(b) to allow for notification to a court that criminal wiretap information has been shared; (2) section 206 to clarify when and where law enforcement is authorized to use a multi-point or roving wiretap; (3) section 207 to further extend the maximum duration of orders for electronic surveillance and physical searches targeted against all agents of foreign powers who are not U.S. persons; (4) section 212 to require an annual report to the House and Senate Judiciary Committees by the Attorney General, which sets forth the number of accounts subject to a section 212 disclosure and a summary of the basis for disclosure in certain circumstances; (5) section 215 to clarify that the information likely to be obtained is reasonably expected to: be (A) foreign intelligence information NOT concerning a U.S. person or (B) relevant to an ongoing investigation to protect against international terrorism or clandestine intelligence activities; (6) section 215 to clarify that a Foreign Intelligence Surveillance Act (FISA) 215 court order may be challenged; (7) section 215 court to clarify that a recipient of a 215 court order may consult with a lawyer and the appropriate people necessary to challenge and comply with the order; (8) section 215 to clarify that the order will only be issued "if the judge finds that the requirements have been met;"(9) section 215 to set up a judicial review process that authorizes the judge to set aside or affirm a 215 court order that has been challenged. The bill makes permanent sections 201, 202, 203(b) and (d), 204, 207, 209, 212, 214, 217, 218, 220, 223, and 225, which were scheduled to sunset on December 31, 2005, and extends until December 31, 2015 the sunset of sections 206 and 215. In addition, the bill makes permanent section 6001 of the Intelligence Reform and Terrorism Prevention Act (IRTPA), which provides an additional definition for "Agent of a Foreign Power," to cover the "lone wolf" under 50 U.S.C. 1801(b)(1). The legislation repeals section 6603(g) of the IRTPA, which would sunset section 6603, the "Additions to Offense of Providing Material Support to Terrorism". Finally, H.R. 3199 would enhance security of mass transportation; Department of Justice Inspector General review, and Judicial and Congressional oversight.

*****
PART A - TEXT OF AMENDMENT TO BE CONSIDERED AS THE ORIGINAL BILL FOR THE PURPOSE OF AMENDMENT

*****
PART B - SUMMARY OF AMENDMENTS MADE IN ORDER
(Summaries derived from information provided by the amendment sponsor.)

1. Kucinich #27
Repeals section 505 (National Security Letters), section 507 (Educational Records), section 508 (Disclosure of information from NCES surveys), and section 802 (Definition of Domestic Terrorism) of the USA PATRIOT Act. (20 minutes)

2. Flake/Schiff #59
States that the Director of the FBI must personally approve any library or bookstore request for records by the FBI under section 215. (20 minutes).

3. Issa #30
Increases the oversight over the use of roving wiretaps by requiring an applicant to notify the issuing judge within a reasonable time, as determined by the court but not more than 15 days, of the change of surveillance from the initial facility or place to a new one. Also requires the applicant to specify the total number of electronic surveillances that have been or are being conducted. (20 minutes).

4. Capito #1
Makes standard the penalties for terrorist attacks and other violence against railroad carriers and mass transportation systems on land, on water, or through the air. The amendment includes a sentence of up to 20 years in jail for violence against a rail or mass transportation vehicle; a sentence of at least 30 years imprisonment if the vehicle is carrying spent nuclear fuel or high level radioactive waste; and a mandatory life sentence with death penalty eligibility if the attack results in the death of a person. (10 minutes).

5. Flake/Delahunt/Otter/Nadler #54
Specifies that the recipient of a national security letter may consult with an attorney, and may also challenge national security letters in court. Authorizes a judge to throw out the national security letter request by the government "if compliance would be unreasonable or oppressive" to the recipient of the national security letter. Allows the recipient to challenge the non-disclosure requirement (gag order) of the national security letter request. Permits a court to modify or remove the non-disclosure requirement of the national security letter request "if it finds that there is no reason to believe that disclosure may endanger the national security of the United States, interfere with a criminal, counterterrorism, or counterintelligence investigation, interfere with diplomatic relations, or endanger the life or physical safety of any person." Modifies the non-disclosure requirement so that recipients may tell individuals whom they work with about the national security letter request in order to comply with the national security request. Contains penalties for individuals who violate the non-disclosure requirements of a national security letter. Requires that reports on national security letters by federal agencies to Congress must also be sent to the House and Senate Judiciary Committees. (20 minutes)

6. Waters #33
Establishes that under section 505 of the USA PATRIOT Act, a recipient of a National Security Letter may not be penalized for violating the nondisclosure requirement if the recipient is mentally incompetent, under undue stress, under threat of bodily harm, or a threat of being discharged from employment. Recipient must notify the FBI immediately of these circumstances. (20 minutes)

7. Delahunt/Flake/Otter #57
Changes the reference in the forfeiture statute from 2331 (domestic terrorism) to 2332(b) and 2332b(g)(5)(B) (the federal crime of terrorism definition). The distinction between the two definitions is that one is supposed to be applied to criminal offenses and the other to administrative processes. Thus, the amendment removes the section that refers to seizing peoples' assets for people who are considered "domestic terrorists." The amendment replaces the term "domestic terrorism" with " federal crime of terrorism" in this section. The federal crime of terrorism is a much more focused term which lists all terrorism crimes specifically, whereas people have complained that the term "domestic terrorism" is too broad. (20 minutes)

8. Flake/Otter #58
Requires reporting by the Administrative Office of the Courts on search warrants and also eliminates the provision "unduly delaying trial" in the delayed notification section of the Patriot Act for "sneak and peak" searches. (20 minutes)

9. Berman/Delahunt #22
Requires a report to Congress on the development and use of data-mining technology by departments and agencies of the Federal government. (10 minutes)

10. Lungren #29
Adds to the list of offenses that are predicates for obtaining electronic surveillance (i.e. a wiretap) to include offenses which relate to terrorism. (20 minutes)

11. Schiff/Coble/Forbes #44
Makes it a crime to use a vessel to smuggle terrorists or dangerous materials, including nuclear material, into the U.S. Imposes stiff criminal penalties for providing false information to a federal law enforcement officer at a port or on a vessel, and increases penalties for anyone who fraudulently gains access to a seaport. Also makes it a crime to place a device or dangerous substance in U.S. waters that is likely to destroy or damage a vessel or its cargo, as well as to damage or alter any aid to maritime navigation which endangers the safe navigation of a ship. Increases penalties for smugglers who misrepresent illicit cargo. Makes it a federal crime for a vessel operator to fail to stop when ordered to do so by a federal law enforcement officer. (20 minutes)

12. Coble #12
Amends the Contraband Cigarette Trafficking Act (18 U.S.C. 2341 et seq.) ("CCTA") which makes it unlawful for any person knowingly to ship, possess, sell, distribute or purchase contraband cigarettes. The CCTA would be amended by: (1) extending its provisions to cover contraband smokeless tobacco; (2) reducing the number of cigarettes that trigger application of the CCTA from 60,000 to 10,000 cigarettes; (3) imposing reporting requirements on persons, except for tribal governments, who engage in delivery sales of more than 10,000 cigarettes or 500 single-unit cans or packages of smokeless tobacco in a single month; (4) requiring the destruction of cigarettes and smokeless tobacco seized and forfeited under the CCTA; and (5) authorizing state and local governments, and certain persons holding federal tobacco permits, to bring causes of action against violators of the CCTA. (10 minutes)

13. Carter #15
Amends the Federal criminal code to apply the death penalty or life imprisonment for a terrorist offense that results in death. (20 minutes)

14. Hart #9
Increases the penalties for activities constituting terrorism financing from $11,000 to $50,000 per unlawful transaction and criminal sentences from 10 to 20 years. Provides for additional terrorism-financing offenses (such as the use of Hawalas) as predicate offenses to money laundering statutes. Adds provisions to seize assets of persons committing terrorist acts against foreign countries or international organizations. Clarifies the law regarding transactions involving criminal proceeds and provides for technical corrections. (10 minutes)

15. Jackson-Lee #40
Allows the attachment of property and the enforcement of judgment against a judgment debtor that has engaged in planning or perpetrating any act of domestic or international terrorism under 18 USC 981. (10 minutes)

16. Hyde #11
Establishes a new criminal offense of narco-terrorism, which prohibits any person from manufacturing, distributing or possessing with intent to distribute a controlled substance in schedule I or II or flunitrazepam or listed chemical, or attempting or conspiring to do so, knowing or intending that such activity, directly or indirectly, aids, or provides support, resources or anything of value to: (a) a foreign terrorist organization; or (b) any person or group involved in the planning, preparation for, or carrying out of a terrorist offense. The penalty for such an offense is a mandatory minimum of 20 years and a maximum of life. The provision states Congress' intent to establish broad extra-territorial jurisdiction to enforce this new criminal offense; and makes it clear that the government need not prove that the defendant knew that an organization is a designated "foreign terrorist organization." The provision also defines the terms "anything of pecuniary value," "terrorist offense," and "terrorist organization." (20 minutes)

17. Meeks (NY) #34
Sense of Congress regarding the availability of banking services to money services businesses. Encourages banks and money services businesses to follow the guidelines offered by FinCEN and the banking agencies to ensure that money services businesses have full access to banking services. (10 minutes)

18. Sessions #61
Provides additional protection to all aircraft in the special aircraft jurisdiction of the United States-or any civil aircraft used, operated, or employed in interstate, overseas, or foreign air commerce-the same protection currently provided to passenger aircraft. Prohibits interference with or disabling, with intent to endanger the safety of any person or with a reckless disregard for the safety of human lie, anyone engaged in the authorized operation of any such aircraft or air navigation facility. (10 minutes)

19. Paul #43
Expresses the sense of Congress that no American citizen should be the target of a federal investigation solely as a result of that person's political activities. (10 minutes)

20. Lowey/Sweeney #37
Strikes section 1014(c) of PL 107-56 as it applies to Homeland Security Grant Funding. Adds H.R. 1544, The Faster and Smarter Funding for First Responders Act of 2005 as it was passed in the House as a new section of the bill. (10 minutes)

 

TEXT OF THE AMENDMENTS OF PART B

1. Kucinich #27
2. Flake/Schiff #59
3. Issa #30
4. Capito #1
5. Flake/Delahunt/Otter/Nadler #54
6. Waters #33
7. Delahunt/Flake/Otter #57
8. Flake/Otter #58
9. Berman/Delahunt #22
10. Lungren #29
11. Schiff/Coble/Forbes #44
12. Coble #12
13. Carter #15
14. Hart #9
15. Jackson-Lee #40
16. Hyde #11
17. Meeks (NY) #34
18. Sessions #61
19. Paul #43
20. Lowey/Sweeney #37