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Week Ending July 22, 2005
HR 3199 USA PATRIOT ACT and Terrorism Prevention Reauthorization Act of 2005.
BRIEF
The bill renews 16 provisions in the original 2001 PATRIOT ACT and extends for ten years two provisions in the Intelligence Reform and Terrorism Prevention Act of 2004.
Parenthetically, these two bills were joined with others since the 9-11 attacks. The Homeland Security Act of 2002, the Homeland Security Information Sharing Act, the Cyber Security Enhancement Act of 2002, the Anti-Terrorism Explosives Act, The Air Transportation Safety and System Stabilization Act, The Barbara Jordan Immigration Reform and Accountability Act and the Enhanced Border Security and Visa Entry Reform Act of 2002 all represent Congress’s efforts to assure a safe America.
This bill reauthorizes and extends 14 provisions of the current PATRIOT ACT. The specific provisions are listed below (MORE INFORMATION), but they deal generally with law enforcement’s ability to implement wiretaps and the removal of some limitations, roving wiretaps, sharing of information between government agencies, increasing the amount of time before subjects of investigation need be notified of an order allowing for a search of premises, allows Internet Service Providers and phone companies to alert the government of records if they think there is a danger of death or serious injury and to do so without notifying the customer and to do so regardless of whether the perceived threat involves terrorism or just common crime.
One expanded area would increase the FBI’s ability to obtain records from a business to include ‘any tangible thing’ from any business providing there is an order specifying that the records are sought for foreign intelligence not concerning a US person. If you receive such a request known as a security letter you would be prohibited from discussing it with anyone other than your attorney.
The provision that would apply to US citizens the ‘lone wolf’ definition of an agent of a foreign power to include an individual who has no connection to a foreign power is changed so as not to include US citizens. The draft of this bill did include US citizens.
The House addressed numerous general and specific concerns about the range and potential for abuse of the laws through the amendment process.
AMENDMENTS
Amendment activity focused almost exclusively on what might be called fine tuning the authorities that the bill extend or increase. Regarding the FBI authority to request library records the amendment requires that the FBI Director approve the request. Roving wiretaps that would allow wiretappers to follow calls beyond the phone number in the warrant to other numbers will continue but the warrant issuing judge must be informed within 15 days of the extended tap. Another wiretap amendment authorizes a wiretap for "offenses which relate to terrorism". Those who would attack railroad or mass transportation would face 20 years. 30 years if the carrier was loaded with radioactive waste and life or the death penalty if someone is killed in the attack. Using a vessel to smuggle terrorists or dangerous materials would become a crime and providing false information to a federal law enforcement officer at a port of on a vessel would bring severe penalties as would placing a dangerous device or substance in US waters. Those who receive a Security Letter that would identify them as of interest to a terrorism investigation may consult an attorney but no one else. An amendment would allow (through a judge) disclosure beyond the attorney if the judge determines that such disclosure would not threaten National Security. Further an amendment allows that the letter recipient would not be penalized for disclosing the letter if proven to be mentally incompetent, under undue stress, under threat of bodily harm or might be fired from employment. One provision that allows seizure of assets of people considered 'domestic terrorists' would change from the term 'domestic terrorist' to a person involved in the 'Federal crime of terrorism'. Congress requires a report on the development and use of data-mining technology by the Federal government. Manufacturing or distributing narcotics in an attempt to support terrorism would get 20 years.
Lawmakers supported the amendment to reduce from 60 thousand to 10 thousand the number of smuggled cigarettes required to implement the Contraband Cigarette Trafficking Act and would include smokeless tobacco smuggling as a crime too. The House passed by voice vote the provision that "no American citizen should be the target of a federal investigation solely as a result of that person's political activities."
Sponsor: Representative James Sensenbrenner (R-)
Vote: A Motion to Recommit the bill with Instructions failed 208 to 218 (RC 413). The bill Passed the House 257 to 171 (RC 414) (July 21, 2005) The Senate substituted S 1389 for HR 3199 and passed the bill by Unanimous Consent (July 26, 2005). Differences between the versions will be ironed out in conference.
Cost to the taxpayers: CBO sees no increased spending or revenue due to this bill.
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MORE INFORMATION
16 PROVISIONS (FROM THE COMMITTEE REPORT)
16 PROVISIONS (FROM THE COMMITTEE REPORT)
Below is a summary of each of the sixteen sections set to expire this year pursuant to section 224 (the sunset does not apply to on-going investigations), an explanation of how each has been used, and any concerns related to such authorities:
Sec. 201--Authority to intercept wire, oral, and electronic communications relating to terrorism
This section adds terrorism offenses to the list of predicates for title III wiretaps. Title III is used for criminal investigations.
Sec. 202--Authority to intercept wire, oral, and electronic communications relating to computer fraud and abuse offenses
This section adds computer fraud and abuse offenses as predicates for title III wiretaps.
Sec. 203(b) and (d)--Authority to share electronic, wire, and oral interception information; Authority to share foreign intelligence information
Section 203(b) allows the government to share information from criminal wiretaps and electronic surveillance with federal law enforcement, immigration, and national security personnel as long as notice is given to the court after the disclosure. The recipient can use information only in the conduct of their duties subject to disclosure limitations in current law.
Section 203(d) allows the FBI to share intelligence information with other federal law enforcement, immigration, and national security personnel. The Attorney General must establish procedures for the release of this information in the case of a U.S. person.
Sec. 204--Clarification of intelligence exceptions from limitations on interception and disclosure of wire, oral, and electronic communications
This section carves out foreign intelligence surveillance operations from the Electronic Communications Privacy Act, which imposes limits on the placement of wiretaps.
Sec. 206--Roving surveillance authority under the Foreign Intelligence Surveillance Act
This section allows the FBI to use roving wiretaps under FISA. This means that the FBI can obtain a single court order to tap any phone they believe a foreign agent would use, instead of getting separate court orders for each phone. The government need not name the target.
Sec. 207--Duration of FISA surveillance of non-United States persons who are agents of a foreign power
This section lets the FBI obtain FISA search and surveillance orders for longer periods of time than they could have prior to the PATRIOT Act:
1. Wiretap orders relating to an agent of foreign power increased from 90 days to 120 days, and subsequent extensions were increased from 90 days to a year;
2. Physical searches of non-U.S. persons who are agents of a foreign power increased from 45 days to 120 days, and subsequent extensions were left at one year intervals;
3. All other physical searches--including those against U.S. persons--were extended from 45 to 90 days, and subsequent extensions were left at one year intervals.
These can be compared to wiretaps in the criminal context that are authorized and extended for only 30 days at a time. 129
[Footnote]
[Footnote 129: USA Patriot Act: Sunsets Reports, April 2005, Department of Justice.]
Sec. 209--Seizure of voice mail messages pursuant to warrants
This section provides that the FBI can access voice mails the same way it accesses e-mails and authorizes nationwide service with a single search warrant.
Sec. 212--Emergency Disclosures of Communications held by Phone Companies and Internet Service Providers
This section permits telephone companies and Internet Service Providers (ISPs) to disclose to the government, without penalty, customer communications and records if they think there is a danger of death or serious injury. This section precludes liability regardless of whether the company innocently stumbles on the information itself and approaches the government, or whether law enforcement initiates the disclosure itself. Because this section directly amended Title 18 of the U.S. Code, it can be used in any run-of-the-mill criminal investigation and has no ties to terrorism cases. In fact, all of the examples cited by the Justice Department are non-terror cases, including a bomb threat against a school, numerous kidnapping cases, and computer hacking threats. 130
[Footnote]
[Footnote 130: See Reports From the Field: The USA Patriot Act at Work, U.S. Department of Justice, July 2004.]
Sec. 214--Pen register and trap and trace authority under FISA
This section made it easier for the FBI to get a pen register or trap-and-trace under FISA. 131
[Footnote] The FBI needs to prove the order is needed to obtain foreign intelligence information not concerning a U.S. person or to protect against international terrorism or clandestine intelligence activities. Prior to the PATRIOT Act, the FBI needed to establish that the telephone line in question had been used or was about to be used in connection with terrorism or a crime; this requirement was deleted. Before section 214, the government had to prove that the target was an agent of a foreign power; now, they need only prove that the information is related to a terror or intelligence investigation. This extremely broad qualification of a FISA pen register/trap and trace order has led many groups to oppose it. 132
[Footnote]
[Footnote 131: A pen register is used to record the phone numbers that are dialed from a target phone. A trap-and-trace is used to record the phone numbers of the incoming calls to a target phone.]
[Footnote 132: See, for example, Electronic Privacy Information Center `The USA PATRIOT Act,' at www.epic.org/privacy/terrorism/usapatriot/.]
Sec. 215--Access to records and other items under the Foreign Intelligence Surveillance Act
This section expanded the FBI's ability to obtain business records under FISA. Before the Act, the government could seek records only from hotels/motels, storage facilities and car rental companies; now, it can seek `any tangible thing' from any business. To obtain such records, the FBI Director (or his designee) must seek an order from the Foreign Intelligence Surveillance Court and specify that the records are sought for foreign intelligence information not concerning a U.S. person or are sought to protect against international terrorism or intelligence gathering. Upon receipt of such a request, the court must grant the order. Recipients are prohibited from disclosing to anyone but their attorneys that they have received a section 215 request.
Sec. 217--Interception of computer trespasser communications
This section allows persons `acting under color of law' to intercept computer communications if a computer owner authorizes it, and if the person acting under color of law is acting pursuant to a lawful investigation.
Sec. 218--Foreign intelligence information
This section says the FBI needs to aver that a `significant' purpose of a FISA order request is to gather foreign intelligence; before the Act, the FBI needed to show that obtaining foreign intelligence was the `primary purpose' of the order.
The effect of letting the status quo continue is that evidence obtained from a FISA warrant under FISA's statutory `probable cause' standard can be given to non-terror criminal prosecutors who are governed by the higher standard of 4th Amendment probable cause. In fact, the lower standard FISA warrant can be sought for criminal prosecution purposes, as long as terrorism or national intelligence is some small part of the reason. The long-standing policy of not letting criminal prosecutors direct intelligence investigations has been vitiated.
Sec. 220--Nationwide service of search warrants for electronic evidence
This section allows a single court to issue a search warrant for electronic evidence that is valid nationally. According to the Department's May 13, 2003 letter, it has used this authority to track a fugitive and to track a hacker who stole trade secrets from a company and then extorted money from it. 133
[Footnote]
[Footnote 133: Id. at 24.]
Sec. 223--Civil liability for certain unauthorized disclosures
This section was included by Rep. Barney Frank to increase civil liability for unauthorized disclosure of pen/trap, wiretap, e-mail, or FISA information. In its May 13, 2003 letter to the Committee, the Department stated there had been no administrative disciplinary proceedings or civil actions under section 223.
Sec. 225--Immunity for compliance with FISA wiretap
This section immunizes private parties who comply with FISA court orders or `requests for emergency assistance' otherwise authorized under FISA. Immunity already existed for criminal cases, and this section intended to provide the same for people who cooperated with officials in terror or intelligence cases.
`Lone Wolves' as Agents of a Foreign Power
Section 6001 of the Intelligence Reform and Terrorism Prevention Act of 2004 created the so-called `lone wolf' provision of FISA redefining the `agent of a foreign power' to include those who `engage in international terrorism or activities in preparation therefore.' In other words, agents of a foreign power no longer need to have any connection to a foreign power. This is limited to non-U.S. persons, although a leaked `PATRIOT II' bill authored by the Justice Department would have expanded the lone wolf provision to cover U.S. persons as well.
The purpose of FISA always has been espionage and terrorism surveillance against foreign governments, foreign groups, or individuals associated with such governments or groups. Section 6001 expanded FISA to include any single person who engages in a violent act that (1) transcends national boundaries and (2) is intended to coerce the government or a civilian population.
When this provision passed committee in the markup of H.R. 10, it had a
rebuttable presumption that a FISA judge could invoke when the target had no
ties to foreign governments whatsoever. That provision was removed before the
bill went to the floor.
John Conyers, Jr.
Robert C. Scott.
Maxine Waters.
William D. Delahunt.
Anthony D. Weiner.
Linda T. Sanchez.
Debbie Wasserman Schultz.
Jerrold Nadler.
Melvin L. Watt.
Sheila Jackson Lee.
Martin T. Meehan.
Robert Wexler.
Chris Van Hollen.
ADDITIONAL VIEWS AND COMMENTS FROM COMMITTEE MEMBERS
Preliminary note
We commend Chairman Hoekstra for taking the unprecedented step of allowing a member of the press to attend the mark-up of H.R. 3199 and for making the transcript of the session available to the public. This action demonstrates that the Committee can have candid debate about intelligence policy in an unclassified setting. Unfortunately, the public was not permitted to attend this mark-up because it occurred in the Committee's secure facility. We hope that future mark-ups will take place in a venue accessible to all--so that the American people can have confidence in our work.
Introduction
The U.S. government needs effective tools to combat terrorism. The terrorist threat is real--and if we are going to demand that the FBI uncover terror cells here in the U.S., we need to give them the tools to do that.
The last time Congress considered the PATRIOT Act, it was also in the shadow of terrorism. It was just 45 days after 9/11; we were bracing for more terror; the invasion of Afghanistan had begun; and Capitol Hill was hit with anthrax attacks. Given these intense pressures, Congress did a fairly decent job with the PATRIOT Act, which modernized a number of legal authorities and gave the FBI new tools to track terrorists here at home. But we can do better.
Improving the PATRIOT Act
The mark-up of H.R. 3199 was our Committee's opportunity to improve the PATRIOT Act. As Deputy Attorney General Jim Comey told our Committee when he briefed us, any expansion of government power must be carefully justified and tailored so that it does not facilitate abuse or unwarranted intrusions into our privacy.
Improving the PATRIOT Act is not a partisan issue. The SAFE Act, which makes improvements to PATRIOT Act authorities, is bipartisan legislation that had 71 cosponsors in the last Congress. The Sanders Amendment to the Science, State, Justice, Commerce FY 2006 Appropriations bill--which prohibited spending funds to obtain library or bookstore documentary records under Seciton 215 of the Act, but properly excluded internet records--passed 238-187, with a large number of Republican votes, including one House Permanent Select Committee on Intelligence (HPSCI) majority Member.
H.R. 3199 is a good start. For example, it would allow the recipients of Section 215 orders to consult with an attorney and challenge the order before a federal judge. The bill also excludes some expansive provisions that our counterparts in the Senate adopted, including administrative subpoenas, mail covers, and a broader definition of foreign intelligence.
Our package of common-sense amendments (described below), were shared with the Majority and were developed with input from a range of Members and outside groups. The Ranking Member also personally shared our proposals with Attorney General Gonzales and FBI Director Mueller. Our staffs have discussed them on a bipartisan basis.
The Committee received letters from the American Civil Liberties Union, as well as the Patriots to Restore Checks and Balances, a coalition led by former Rep. Bob Barr. Those letters, which are part of the official record of the mark-up, indicate support for efforts to improve the PATRIOT Act, along the lines of our amendments.
Of the five Democratic amendments offered at the mark-up, two passed on a voice vote by the Committee. Representative Boswell offered an amendment to impose a `return' requirement on roving `John Doe' wiretaps under Section 206. Representative Hastings offered an amendment to sunset the `Lone Wolf' provision in 2010.
The Committee rejected three other amendments that we believe were meritorious. Representative Harman's en bloc amendment would have made several critical changes to Sections 206, 214 and 215. Representative Ruppersberger offered an amendment to sunset all 10 expiring provisions under the Committee's jurisdiction in 2009. Representative Eshoo offered an amendment to prevent Section 215 orders from being used to obtain library or bookstore documentary records. All three of these amendments failed on voice vote.
We are committed to offering these amendments on the floor, and we urge the Rules Committee to allow their consideration by the full House.
Our proposals are moderate. And they would not compromise that ability to catch terrorists or spies. They will merely adjust the authorities of the PATRIOT Act to preserve our liberties.
As Benjamin Franklin said more than 200 years ago: `Those who would sacrifice liberty to purchase a bit of security deserve neither liberty nor security.'
Detailed discussion of amendments
Five amendments were offered by Committee Democrats.
Representative Harman offered an en bloc amendment related to several sections of the PATRIOT Act.
With respect to Sections 214 and 215, the Harman amendment would require government Foreign Intelligence Surveillance Act (FISA) applications for tangible items as well as pen register and trap and trace orders to assert there are `specific and articulable facts' giving reason to believe that the records sought relate to a foreign power or an agent of a foreign power, and to include an explanation that supports the assertion such facts exist.
These provisions would retain the ability of the government to seek court approval to obtain items and information under Sections 214 and 215. But, they would also align this sweeping power with the traditional FISA standard by requiring individualized suspicion. Nothing in the amendment would hamper the government's ability to go after suspected terrorists or their associates, such as 9-11 hijacker Mohammad Atta or his roommate.
The Harman amendment would also prohibit Section 215 from being used for the production of library circulation records, library patron lists, book sales records, or book customer lists. This mirrors the limitation included in an amendment offered by Representative Sanders to the Science, State Justice, Commerce FY 2006 Appropriations. That amendment passed the full House 238-187 on June 15, 2005.
With respect to Section 206, the amendment would modify the expansive authority for `John Doe' roving wiretaps in three ways. First, it would require the description of a target to be `sufficiently specific' for the court to find probable cause to believe the target is a foreign power or an agent of a foreign power--something Department of Justice officials say they already do. Second, it would also limit the time of surveillance to the period reasonable to assume the target is near the phone or computer to be tapped. Third, it would require the government to notify the FISA Court within a reasonable period of time after surveillance begins at a new facility or place, and to provide an explanation of the facts and circumstances surrounding the decision to target a particular facility or place. This requirement would allow the FISA Court to better assess whether `John Doe' roving wiretaps authorized under Section 206 were carried out properly.
Finally, the Harman amendment would modify FISA in additional ways to protect due process rights of FISA targets. It would require the court to disclose to criminal defendants or other aggrieved persons, and/or their counsels, under procedures and standards established in the Classified Information Procedures Act (CIPA) (18 U.S.C. App. 3), information and materials gathered pursuant to FISA orders. These procedures are used commonly in national security cases where individuals are prosecuted on the basis of secret evidence.
It would also ensure that U.S. citizen FISA targets who are determined not to be an agent of a foreign power are notified they were the target of FISA searches, surveillance, or pen registers and traps and traces. Such notification would only occur after the Attorney General determines that disclosure would not compromise an ongoing investigation. This would help ensure that individuals--such as Brandon Mayfield who was wrongly jailed in connection with the Madrid bombings and later exonerated--are notified of surveillance and secret searches of their homes.
The Harman en bloc amendment was not agreed to.
Representative Ruppersberger offered an amendment to extend to December 31, 2009 the sunsets for intelligence-related sections of the PATRIOT Act and Section 6001 of the Intelligence Reform and Terrorism Prevention Act (P.L. 108-458) (the so-called `Lone Wolf' provision). This provision would have allowed law enforcement to continue to conduct investigations using these authorities. But, it would also force Congress and the Executive Branch to reevaluate in four years whether they are truly effective in fighting terrorism and their impact on civil liberties and privacy.
The Ruppersberger amendment was not agreed to.
An amendment offered by Representative Eshoo would have exempted library circulation records, library patron lists, book sales records, or book customer lists from the list of tangible things authorized to be obtained under Section 215 of the PATRIOT Act. This mirrors the limitation included in an amendment offered by Representative Sanders to the Science, State, Justice, Commerce FY 2006 Appropriations bill which passed the House 238-187 on June 15, 2005.
During Committee hearings, Department of Justice officials stated that it has not sought library or bookstore documentary records, and the Committee has received no testimony indicating that this power under Section 215 is necessary to stop terrorism. These records may always be obtained by law enforcement through other methods, such as warrants or subpoenas.
The Eshoo amendment was not agreed to.
Representative Boswell offered an amendment to Section 206 of the PATRIOT Act. Section 206, which has been the center of much debate, gives the government broad authority to conduct court-approved roving wiretaps under FISA when neither the identify nor the location of the target is known.
The Boswell amendment would require the government to notify the FISA Court within a reasonable period of time after surveillance begins at a new facility or place, and to provide an explanation of the facts and circumstances
surrounding the decision to target a particular facility or place. This requirement would allow the FISA Court to better assess whether `John Doe' roving wiretaps authorized under Section 206 were carried out properly. Such enhanced transparency is essential for ensuring proper judicial oversight of this significant authority.
The Boswell amendment was agreed to by voice vote.
An amendment offered by Representative Alcee Hastings would extend until 2010 the sunset of Section 6001 of the Intelligence Reform and Terrorism Prevention Act (P.L. 108-458), the so-called `Lone Wolf' provision. The Lone Wolf provision, which sunsets in December 2005, broke from the tradition of FISA by abandoning the requirement that a non-U.S. person, suspected terrorist target have a nexus to a foreign power. Although only seven months have passed since the Lone Wolf provision became law, H.R. 3199 would have made it permanent. This short period is inadequate for the government and public to assess the effectiveness and impact of this significant expansion of government authorities.
The Hastings amendment would allow the government to retain the authority to target Lone Wolf terrorists and ensure investigations initiated before the sunset date are allowed to continue. Moreover, it would ensure this significant expansion of power is subject to a meaningful trial period before it is made permanent.
The Hastings amendment was agreed to by voice vote.
Motion to report the bill favorably
The motion to report favorably H.R. 3199, as amended, to the House of
Representatives was adopted by voice vote. Representatives Hastings, Eshoo, Holt
and Tierney asked that the record reflect that they voted `no' on the motion.
Jane Harman.
Silvestre Reyes.
Leonard L. Boswell.
Bud Cramer.
Anna G. Eshoo.
C.A. Dutch Ruppersberger.
I accept the Minority's Additional Views, above, but find that the last paragraph of the introduction in some respects seems to omit procedural faults in the 2001 consideration and action on the so-called Patriot Act. A fuller account would record: that the Judiciary Committee of the House considered and passed by a large majority--if not unanimously--a version that most members believed acceptably struck a balance between the need to arm intelligence and law enforcement authorities with proper tools and the maintenance of constitutional civil rights. Those provisions where disagreement existed were `sunsetted.'
In the dark of night during October 2001, the Majority Party's Rules Committee affected a Rule, passage of which struck the Judiciary Committee's product and substituted the final version now before Congress. That final version, in the view of a number of Members, and in the view of scores of local communities, experts and others--intruded needlessly upon civil liberties as it departed from the Judiciary Committee's work.
Numerous reasonable recommendations for correcting such excesses have been
suggested. They would continue to provide needed tools to officials as they
confront terrorist activities, while upholding the Constitution's hard fought
and hard won rights for individuals. Congress has the chance during this review
of the law to correct the problems contained in the earlier legislation through
questionable procedural conduct.
JOHN F. TIERNEY.
1. H.AMDT.489 to H.R.3199 An amendment numbered 2 printed in part B of
House Report 109-178 to state that the Director of the FBI must personally
approve any library or bookstore request for records by the FBI under section
215.
Sponsor: Rep Flake, Jeff [AZ-6] (introduced 7/21/2005) Cosponsors
(None)
Latest Major Action: 7/21/2005 House amendment agreed to. Status: On
agreeing to the Flake amendment (A001) Agreed to by recorded vote: 402 - 26 (Roll
no. 403).
2. H.AMDT.490 to H.R.3199 An amendment numbered 3 printed in part B of
House Report 109-178 to increase 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.
Sponsor: Rep Issa, Darrell E. [CA-49] (introduced 7/21/2005) Cosponsors
(None)
Latest Major Action: 7/21/2005 House amendment agreed to. Status: On
agreeing to the Issa amendment (A002) Agreed to by recorded vote: 406 - 21 (Roll
no. 404).
3. H.AMDT.491 to H.R.3199 An amendment numbered 4 printed in part B of
House Report 109-178 to make 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.
Sponsor: Rep Capito, Shelley Moore [WV-2] (introduced 7/21/2005) Cosponsors
(None)
Latest Major Action: 7/21/2005 House amendment agreed to. Status: On
agreeing to the Capito amendment (A003) Agreed to by recorded vote: 362 - 66 (Roll
no. 405).
4. H.AMDT.492 to H.R.3199 An amendment numbered 5 printed in part B of
House Report 109-178 to specify that the recipient of a national security letter
may consult withan 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 findsthat 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.".
Sponsor: Rep Flake, Jeff [AZ-6] (introduced 7/21/2005) Cosponsors
(None)
Latest Major Action: 7/21/2005 House amendment agreed to. Status: On
agreeing to the Flake amendment (A004) Agreed to by recorded vote: 394 - 32 (Roll
no. 406).
5. H.AMDT.493 to H.R.3199 An amendment numbered 6 printed in part B of
House Report 109-178 to establish 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.
Sponsor: Rep Waters, Maxine [CA-35] (introduced 7/21/2005) Cosponsors
(None)
Latest Major Action: 7/21/2005 House amendment not agreed to. Status: On
agreeing to the Waters amendment (A005) Failed by voice vote.
6. H.AMDT.494 to H.R.3199 An amendment numbered 7 printed in part B of
House Report 109-178 to change 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.
Sponsor: Rep Delahunt, William D. [MA-10] (introduced 7/21/2005) Cosponsors
(None)
Latest Major Action: 7/21/2005 House amendment agreed to. Status: On
agreeing to the Delahunt amendment (A006) Agreed to by recorded vote: 418 - 7 (Roll
no. 407).
7. H.AMDT.495 to H.R.3199 An amendment numbered 8 printed in part B of
House Report 109-178 to require 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.
Sponsor: Rep Flake, Jeff [AZ-6] (introduced 7/21/2005) Cosponsors
(None)
Latest Major Action: 7/21/2005 House amendment agreed to. Status: On
agreeing to the Flake amendment (A007) Agreed to by recorded vote: 407 - 21 (Roll
no. 408).
8. H.AMDT.496 to H.R.3199 An amendment numbered 9 printed in part B of
House Report 109-178 to require a report to Congress on the development and use
of data-mining technology by departments and agencies of the Federal government.
Sponsor: Rep Berman, Howard L. [CA-28] (introduced 7/21/2005) Cosponsors
(None)
Latest Major Action: 7/21/2005 House amendment offered
9. H.AMDT.497 to H.R.3199 An amendment numbered 9 printed in part B of
House Report 109-178 to require a report to Congress on the development and use
of data-mining technology by departments and agencies of the Federal government.
Sponsor: Rep Berman, Howard L. [CA-28] (introduced 7/21/2005) Cosponsors
(None)
Latest Major Action: 7/21/2005 House amendment agreed to. Status: On
agreeing to the Berman amendment (A009) Agreed to by recorded vote: 261 - 165 (Roll
no. 409).
10. H.AMDT.498 to H.R.3199 An amendment numbered 10 printed in part B
of House Report 109-178 to add to the list of offense that are predicates for
obtaining electronic surveillance (i.e. a wiretap) to include offenses which
relate to terrorism.
Sponsor: Rep Lungren, Daniel E. [CA-3] (introduced 7/21/2005) Cosponsors
(None)
Latest Major Action: 7/21/2005 House amendment agreed to. Status: On
agreeing to the Lungren, Daniel E. amendment (A010) Agreed to by voice vote.
11. H.AMDT.499 to H.R.3199 An amendment numbered 11 printed in part B
of House Report 109-178 to make it a crime to use a vessel to smuggle terrorists
or dangerous materials, including nuclear material, into the U.S. Amendment also
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.
Sponsor: Rep Schiff, Adam B. [CA-29] (introduced 7/21/2005) Cosponsors
(None)
Latest Major Action: 7/21/2005 House amendment agreed to. Status: On
agreeing to the Schiff amendment (A011) Agreed to by recorded vote: 381 - 45 (Roll
no. 410).
12. H.AMDT.500 to H.R.3199 An amendment numbered 12 printed in part B
of House Report 109-178 to amend the Contraband Cigarette Trafficking Act (18
U.S.C. 2341 et seq.)("CCTA") which makes it unlawful for any person knowingly to
ship, posses, 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 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.
Sponsor: Rep Coble, Howard [NC-6] (introduced 7/21/2005) Cosponsors
(None)
Latest Major Action: 7/21/2005 House amendment agreed to. Status: On
agreeing to the Coble amendment (A012) as modified Agreed to by voice vote.
13. H.AMDT.501 to H.R.3199 An amendment numbered 13 printed in part B
of House Report 109-178 to amendthe Federal criminal code to apply the death
penalty or life imprisonment for a terrorist offense that results in death.
Sponsor: Rep Carter, John R. [TX-31] (introduced 7/21/2005) Cosponsors
(None)
Latest Major Action: 7/21/2005 House amendment agreed to. Status: On
agreeing to the Carter amendment (A013) Agreed to by voice vote.
14. H.AMDT.502 to H.R.3199 An amendment numbered 14 printed in part B
of House Report 109-178 to increase 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 asthe use of Hawalas) as predicate offenses
to money laundering statues. Adds provisions to seize assets of persons
committing terrorist acts against foreign countries or international
organizations. Amendment also clarifies the law regarding transaction involving
criminal proceeds and provides for technical corrections.
Sponsor: Rep Hart, Melissa A. [PA-4] (introduced 7/21/2005) Cosponsors
(None)
Latest Major Action: 7/21/2005 House amendment agreed to. Status: On
agreeing to the Hart amendment Agreed to by recorded vote: 387 - 38 (Roll
no. 411).
15. H.AMDT.503 to H.R.3199 An amendment numbered 15 printed in part B
of House Report 109-178 to allow 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.
Sponsor: Rep Jackson-Lee, Sheila [TX-18] (introduced 7/21/2005) Cosponsors
(None)
Latest Major Action: 7/21/2005 House amendment agreed to. Status: On
agreeing to the Jackson-Lee (TX) amendment (A015) as modified Agreed to by
recorded vote: 233 - 192 (Roll
no. 412).
16. H.AMDT.504 to H.R.3199 An amendment numbered 16 printed in part B
of House Report 109-178 to establish 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.'.
Sponsor: Rep Hyde, Henry J. [IL-6] (introduced 7/21/2005) Cosponsors
(None)
Latest Major Action: 7/21/2005 House amendment agreed to. Status: On
agreeing to the Hyde amendment (A016) Agreed to by voice vote.
17. H.AMDT.505 to H.R.3199 An amendment numbered 18 printed in part B
of House Report 109-178 to provide additional protection to all aircraft in the
special aircraft jurisdiction of the United States--or any civil aircraft used,
operated, oremployed in interstate, overseas, or foreign air commerce--the same
protection currently provided to passenger aircraft; to prohibit interference
with or disabling, with intent to endanger the safety of any person or witha
reckless disregard for the safety of human life, anyone engaged in the
authorized operation of any such aircraft or air navigation facility.
Sponsor: Rep Sessions, Pete [TX-32] (introduced 7/21/2005) Cosponsors
(None)
Latest Major Action: 7/21/2005 House amendment agreed to. Status: On
agreeing to the Sessions amendment (A017) Agreed to by voice vote.
18. H.AMDT.506 to H.R.3199 An amendment numbered 19 printed in part B
of House Report 109-178 to express 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.
Sponsor: Rep Paul, Ron [TX-14] (introduced 7/21/2005) Cosponsors
(None)
Latest Major Action: 7/21/2005 House amendment agreed to. Status: On
agreeing to the Paul amendment (A018) Agreed to by voice vote.
19. H.AMDT.507 to H.R.3199 An amendment numbered 20 printed in part B
of House Report 109-178 to strike section 1014(c) of PL 107-56 as it applies to
Homeland Security Grant Funding; and to add 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.
Sponsor: Rep Lowey, Nita M. [NY-18] (introduced 7/21/2005) Cosponsors
(None)
Latest Major Action: 7/21/2005 House amendment agreed to. Status: On
agreeing to the Lowey amendment (A019) Agreed to by voice vote.
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