SUMMARY OF AMENDMENTS SUBMITTED TO THE RULES COMMITTEE ON
H.R. 3199 – USA PATRIOT AND TERRORISM PREVENTION REATHORIZATION ACT OF 2005

(in alphabetical order)

SUMMARY OF AMENDMENTS

(summaries derived from information provided by sponsors)

Baldwin #35
Limits the definition of domestic terrorism in 18 USC 2331(5)(A) to conform to the definition of a federal crime of terrorism in 18 USC 2332b(g)(5).

Baldwin #36
Revises the definition of domestic terrorism in 18 USC 2331(5)(A) to exclude violations of state and federal laws that are misdemeanors. WITHDRAWN

Barton/Dingell #10
Adds House Energy and Commerce and Senate Commerce, Science, and Transportation Committees to the list of committees to whom the US Attorney General must report emergency disclosures.

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. REVISED

Berman/Harman/ Delahunt #63
Clarifies that section 215 of the PATRIOT Act and issuance of national security letters should be used for records or information pertaining to a foreign power, an agent of a foreign power, or an individual in contact with or known to an agent of a foreign power. LATE

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.

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

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. REVISED

Conyers #16
Amends the material support statute to clarify that corporations who trade with terrorists through subsidiary companies can still be held criminally liable. WITHDRAWN

Conyers/Harman/ Thompson (MS)/ Oberstar/ Menendez #50
Offers a series of grants to the country's public transportation, rail, freight and port infrastructure.  Provides funding for emergency response training for public transportation and rail security employees.

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.  REVISED

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. 

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. 

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.

Forbes #60
Updates the criminal code to protect and deter against crimes in and around our Nation’s seaports, vessels and maritime facilities.  The amendment makes it a crime to: (1) transport terrorists or dangerous materials (e.g. biological agents, chemical weapons, radioactive or nuclear materials) knowing that such materials are intended to be used to commit a terrorist act; (2) damage or destroy a vessel or its parts; or (3) perform an act of violence against any individual on a vessel. WITHDRAWN

Harman #38
Requires "John Doe" roving wiretap applications under section 206 of the PATRIOT Act to include a sufficiently specific description of the target.  Limits surveillance to the time reasonable to assume target is near phone or computer to be tapped.

Harman #39
Extends PATRIOT Act sunsets to December 31, 2015.

Harman #51
Requires Foreign Intelligence Surveillance Act (FISA) applications for tangible things sought under section 215 of the PATRIOT Act to: (1) assert existence of specific and articulable facts that show items sought relate to a foreign power or agent of a foreign power; and (2) provide an explanation that supports the assertion.  Sets similar standard for pen register and trap and trace applications under section 214. WITHDRAWN

Harman #53
Requires government to notify U.S. citizens, determined not to be agents of a foreign power, of FISA searches, surveillance, or pen register and tap and traces.  Attorney General must first determine disclosure would not compromise and ongoing investigation.  Requires government to disclose to criminal defendants or other aggrieved persons or their lawyers, under the Classified Information Procedures Act (CIPA), information and materials collected under the Foreign Intelligence Surveillance Act (FISA). WITHDRAWN

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.

Hastings (FL) #52
Extends until 2010 the sunset of the FISA "Lone Wolf" provision (section 6001 of the Intelligence Reform and Terrorism Prevention Act (PL 108-458)).  Allows investigations initiated prior to the date of the sunset to continue beyond the sunset date.

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.”

Inslee #17
Requires those agencies with terrorism investigatory powers to follow FBI requirements that assign the authority to request consumer credit reports solely to high ranking officials. Also extends current Congressional oversight of the FBI to other investigative agencies that request credit reports, and requires these agencies to pay reasonable costs to the Credit Bureaus for putting together and supplying credit reports. WITHDRAWN

Inslee/Smith (WA) #13
The amendment seeks to provide congressional oversight, without impeding timely investigations of potential terrorist activity, and would require the Department of Justice to report to Congress, on a biannual basis on use of PATRIOT Act provisions. WITHDRAWN

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.

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.

Jackson-Lee #45
Seeks to amend section 1001 of the USA PATRIOT Act to require the Inspector General to designate an official to report to the House and Senate Committees on the Judiciary as to the percentage of court orders issued pursuant to the Act (under FISA) which result in criminal proceedings or immigration removal proceedings (to show the effectiveness of the authorities granted under the Act). WITHDRAWN

Jackson-Lee #46
Seeks to amend section 1001 of the USA PATRIOT Act to require the Inspector General to designate an official to report to the House and Senate Committees on the Judiciary as to the statistical breakdown of the racial or ethnic background of the subject of court orders issued pursuant to the Act (under FISA) to ensure that there is no practice of racial profiling under the Act. WITHDRAWN

Jackson-Lee #47
Seeks to amend section 1001 of the USA PATRIOT Act to require the Inspector General to designate an official to report to the House and Senate Committees on the Judiciary as to the statistical breakdown of the religious background or affiliation of the subject of court orders issued pursuant to the Act (under FISA) to ensure that there is no practice of religious profiling under the Act.

King (IA) #42
Removes two current exceptions—medicine and religious materials—to the prohibition to providing material support to Foreign Terrorist Organizations.

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.

Kucinich #28
Amendment in the nature of a substitute.  Repeals Section 213 (Sneak and Peak Searches), Section 214 (Pen Register for Foreign Intelligence), Section 215 (Business Records), Section 216 (Pen Register for Criminal Cases), Section 218 (Major FISA provision), Section 411 (New Grounds for Deportation), Section 412 (Mandatory Detention of Immigrants), Section 505 (National Security Letters), Section 507 (Educational Records), and Section 802 (Definition of Domestic Terrorism) of the USA PATRIOT Act.  Also repeals numerous other recent Administration actions such as the FOIA exemption for the Department of Homeland Security, the Department of Justice secrecy orders that exempted many DOJ documents from FOIA requests, regulation that allows for Attorney-Client Monitoring, and new guidelines on religious institution spying, which allowed the FBI to conduct undercover investigations of religious centers. WITHDRAWN

Lofgren #14
Clarifies that Congress has not suspended the writ of habeas corpus since 9/11. WITHDRAWN

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.

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.

Maloney/King(NY) #7
Posthumously awards honorary citizenship to each immigrant of lawful status who died as a result of the terrorist attacks of September 11, 2001 and accords citizenship to the spouses and children of the same. WITHDRAWN

Maloney/King(NY) #8
Provides adjustment in immigration status to “an alien lawfully admitted for permanent residence” and a stay of removal to the surviving spouses and children of individuals who died in the terrorist attacks of September 11, 2001. To receive this adjusted status, the individual must be either lawfully present or deemed a beneficiary of the September 11th Victims Compensation Fund.

Maloney/Shays/ Udall(NM) #6
Changes the Civil Liberties Monitoring Board established by the Intelligence Reform Act of 2004. Creates it as an independent entity and provides it with subpoena power. Requires all members of it to be confirmed by the Senate. Requires semiannual reports to Congress and makes those reports public. Creates civil liberties officers in any department, element, or agency of the executive branch designated to be appropriate by the Board.

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.

Nadler #23
Institutes a time limit on a gag order imposed under a national security letter to an initial period of 180 days, with the opportunity for 90 day renewals, and give the recipient of a national security letter the right to challenge the gag order in court.

Nadler #24
Gives recipients the right to go to court to challenge a national security letter.

Nadler #25
Sunsets section 505, which authorizes national security letters, in 2009

Nadler #26
Requires the Department of Justice to report annually to Congress the number of times national security letters have been issued. WITHDRAWN

Otter #3
Strikes the provision of that Act which allows for delayed notification of a search warrant if notification would seriously jeopardize an investigation or unduly delay a trial.

Otter #4
Strikes the provision of Section 213 of the USA PATRIOT Act which allows for delayed notification of execution of a search warrant if notification would seriously jeopardize an investigation or unduly delay a trial. Also permits delayed notification for up to seven days, with unlimited 21-day extensions possible, rather that the “reasonable period of time” included in Section 213 of the USA PATRIOT Act or 120 days included in Section 16 of H.R. 3199. Requires the Attorney General to report to Congress semiannually on all requests for delays of notice under Section 213 of the USA PATRIOT Act.

Otter #5
Requires the Attorney General to report to Congress on an annual basis concerning the number of times a delay of notification is requested under the provision of Section 213 of the USA PATRIOT Act which allows for delayed notification of a search warrant if notification would seriously jeopardize an investigation or unduly delay a trial. Also requires the Attorney General submit to the House and Senate Judiciary Committees in that report a summary of the basis for seeking that delay so that Members of Congress can better understand how this provision is being used.

Paul #41
Requires law enforcement to specify why medical records are relevant to an investigation and include an explanation of the relevance of the records to the investigation when applying for an order that medical records be released to the federal government.

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. REVISED

Paul #55
Extends the sunset provisions of the USA PATRIOT Act to 2009.

Paul #56
Requires that a judge find probable cause that a request for disclosure of education records relate to a terrorist investigation before authorizing the disclosure of the records.

Ruppersberger #48
Extends PATRIOT Act sunsets, other than sections 206 and 215, to December 31, 2009.  Retains 2015 sunset for sections 206 and 215. WITHDRAWN

Ruppersberger #49
Adjusts PATRIOT Act sunsets to December 31, 2009.

Sanders/Paul/Conyers/Nadler/ Udall (NM)/Eshoo #18
Prohibits the Justice Department and the FBI from using Section 215 of the USA PATRIOT Act to access library and bookstore records regarding what books a person has checked out of the library and what books a person has purchased at a bookstore

Schiff #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.

Scott(VA) #19
Eliminates the wide open catch-all of “seriously jeopardizing an investigation” or “unduly delaying a trial” for “sneak and peek” search warrants in terrorism cases.

Scott(VA) #20
Allows the custodian of business records that are illegally sought by the government to recover any attorneys fees and expenses incurred in successfully challenging the government’s illegal action

Scott(VA) #21
Requires that in a FISA roving wiretap, the government may surveil only during times it has reason to believe that the target is or was in reasonable proximity to the phone or computer being surveilled. This is similar to the ascertainment requirement for roving taps in criminal cases.

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.

Smith(TX) #62
Requires judicial notification of the sharing with intelligence investigators of certain information obtained through a court-ordered Title III wiretap. WITHDRAWN

Van Hollen #2
Modifies the current definition of material support to terrorists by including anyone who transfers a firearm to an individual who the transferee knows is on the Violent Gang and Terrorist Organization File.

Waters #31
Establishes that no medical records can be compelled under sections 215 and 505, unless the government makes a showing that there are specific and articulable facts giving reason to believe that the person to whom the medical records pertain is a foreign power, agent of a foreign power, individual in contact with a foreign power, or the person is known to an agent of a foreign power.  The FBI Director will establish regulations to ensure that the information found in the medical records is not disclosed to third parties, except when the information in the medical records is critical to the investigation at hand.  Once the investigation has concluded, the records will be returned to their custodian.

Waters #32
Establishes that the recipient of a National Security Letter will be under a nondisclosure order.  That nondisclosure order exempts any attorneys from which the recipient seeks to obtain legal advice with respect to the National Security Letter, and exempts any person that is necessary to produce the required information.  These persons exempt are also subject to a nondisclosure requirement.

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.

 

 
* Summaries derived from information submitted by the amendment sponsors.