USA Patriot Act Sunset: A Sketch (CRS Report for Congress)
Release Date |
Revised Feb. 6, 2006 |
Report Number |
RS21704 |
Report Type |
Report |
Authors |
Charles Doyle, American Law Division |
Source Agency |
Congressional Research Service |
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Summary:
Several sections of Title II of the USA PATRIOT Act (the act) and one section of the Intelligence Reform and Terrorism Prevention Act, each relating to enhanced foreign intelligence and law enforcement surveillance authority, were to expire on December 31, 2005. Both Houses have passed amendments and extensions (H.R. 3199) and a conference report has been issued. Expiration of the sections has been postponed until March 10, 2006 to allow for consideration of the conference report (H.R. 4659). If the sections are not extended, their authority remains in effect only as it relates to foreign intelligence investigations begun before sunset or to offenses or potential offenses begun or occurring before that date. The temporary provisions are: sections 201 (wiretapping in terrorism cases), 202 (wiretapping in computer fraud and abuse felony cases), 203(b) (sharing wiretap information), 203(d) (sharing foreign intelligence information), 204 (Foreign Intelligence Surveillance Act (FISA) pen register/trap & trace exceptions), 206 (roving FISA wiretaps), 207 (duration of FISA surveillance of non-United States persons who are agents of a foreign power), 209 (seizure of voice-mail messages pursuant to warrants), 212 (emergency disclosure of electronic surveillance), 214 (FISA pen register/ trap and trace authority), 215 (FISA access to tangible items), 217 (interception of computer trespasser communications), 218 (purpose for FISA orders), 220 (nationwide service of search warrants for electronic evidence), 223 (civil liability and discipline for privacy violations), and 225 (provider immunity for FISA wiretap assistance).
This report is an abridged versionâwithout footnotes or chartâof CRS Report RL32186, USA PATRIOT Act Sunset: Provisions That Were to Expire on December 31, 2005. Related reports include CRS Report RL33239, USA PATRIOT Improvement and Reauthorization Act of 2005 (H.R. 3199): Section-by-Section Analysis of the Conference Bill, by Brian T. Yeh and Charles Doyle.