During the 109 th Congress, the House and Senate each passed USA PATRIOT Reauthorization Acts, H.R. 3199 and S. 1389 respectively, which made permanent 14 of the 16 expiring USA PATRIOT Act sections and extended the sunset on section 206 (regarding FISA court orders for multipoint, or "roving," wiretaps) and section 215 (access to business records requested under FISA), as well as the sunset on section 6001(a) of IRTPA. 109-333 (2005). 3199 on December 14, 2005. On March 1, 2006, the Senate passed a separate bill, the USA PATRIOT Act Additional Reauthorizing Amendments Act of 2006 ( S. 2271 ), that provides three civil liberties safeguards not included in the conference report. 3199 and S. 2271 were signed into law by the President on March 9. This report provides a summary and legal analysis of the USA PATRIOT Improvement and Reauthorization Act of 2005 (the "Act" or the "Reauthorization Act"), P.L. 192 (2006), and, where appropriate, discusses the modifications to law made by the USA PATRIOT Act Additional Reauthorizing Amendments Act of 2006, P.L. 109-178 , 120 Stat. It makes permanent most of the USA PATRIOT Act sections that were scheduled to expire. 225 (civil immunity for assistance in executing a FISA order)

		USA PATRIOT Act Sections Still Subject to Sunset

The Act adopts a sunset of December 31, 2009, for USA PATRIOT Act sections 206 (regarding FISA court orders for multipoint, or "roving," wiretaps) and 215 (access to business records requested under FISA). Extension of the "Lone Wolf" Amendment, and the Material Support of Terrorism Amendments Made Permanent

The Act makes two changes to the Intelligence Reform and Terrorism Prevention Act (IRTPA) of 2004, P.L. 278 (2006), addresses this omission by establishing a judicial review procedure for a section 215 nondisclosure orders. Section 113 of the Act expands the list of predicate offenses in which law enforcement may seek wiretap orders to include crimes relating to biological weapons, violence at international airports, nuclear and weapons of mass destruction threats, explosive materials, receiving terrorist military training, terrorist attacks against mass transit, arson within U.S. special maritime and territorial jurisdiction, torture, firearm attacks in federal facilities, killing federal employees, killing certain foreign officials, conspiracy to commit violence overseas, harboring terrorists, assault on a flight crew member with a dangerous weapon, certain weapons offenses aboard an aircraft, aggravated identity theft, "smurfing" (a money laundering technique whereby a large monetary transaction is separated into smaller transactions to evade federal reporting requirements on large transactions), and criminal violations of certain provisions of the Sherman Antitrust Act. Title III: Reducing Crime and Terrorism at America's Seaports Act of 2005

Title III of the Act, among other things, creates more severe criminal penalties concerning criminal and terrorist activities committed at U.S. seaports or aboard vessels. As the conference report accompanying H.R. Offenders face imprisonment for not more than 20 years. The conference report accompanying H.R. New National Security Division of the DOJ and new Assistant Attorney General

Section 506 of the Act creates a new National Security Division within the Department of Justice (DOJ), headed by a new Assistant Attorney General, comprising prosecutors from the DOJ's Criminal Division's Counterespionage and Counterterrorism sections and attorneys from the DOJ's Office of Intelligence Policy and Review, the office that is responsible for reviewing wiretapping operations under FISA. Special Events of National Significance

Section 602 of the Act also creates a new federal crime relating to misconduct concerning "special events of national significance."
Several sections of the USA PATRIOT Act and one section of the Intelligence Reform and Terrorism Prevention Act of 2004 were originally scheduled to expire on December 31, 2005. In July 2005, both Houses approved USA PATRIOT reauthorization acts, H.R. 3199 and S. 1389 , and the conference committee filed a report, H.Rept. 109-333 . A separate bill, the USA PATRIOT Act Additional Reauthorizing Amendments Act of 2006 ( S. 2271 ), provided civil liberties safeguards not included in the conference report. Both H.R. 3199 and S. 2271 were signed into law ( P.L. 109-177 and P.L. 109-178 ) by the President on March 9, 2006.
This report describes the USA PATRIOT Improvement and Reauthorization Act of 2005 (the Act) and, where appropriate, discusses the modifications to law made by the USA PATRIOT Act Additional Reauthorizing Amendments Act of 2006. Consisting of seven titles, the Act, among other things:
Makes permanent 14 of the 16 expiring USA PATRIOT Act sections as well as the material support of terrorism amendments scheduled to expire on December 31, 2006. Creates a new sunset of December 31, 2009, for USA PATRIOT Act sections 206 and 215 ("roving" FISA wiretaps and FISA orders for business records), and for the "lone wolf" amendment to FISA. Provides for greater congressional and judicial oversight of section 215 orders, section 206 roving wiretaps, and national security letters. Requires high-level approval for section 215 FISA orders for library, bookstore, firearm sale, medical, tax return, and educational records. Enhances procedural protections and oversight concerning delayed notice, or "sneak and peek" search warrants. Expands the list of predicate offenses in which law enforcement may obtain wiretap orders to include more than 20 federal crimes. Revises criminal penalties and procedures concerning criminal and terrorist activities committed at seaports or aboard vessels. Reenforces federal money laundering and forfeiture authority, particularly in connection with terrorist offenses. Allows the Attorney General to determine whether a state qualifies for expedited habeas corpus procedures for state death row inmates. Establishes a new National Security Division within the Department of Justice (DOJ), supervised by a new Assistant Attorney General. Creates a new federal crime relating to misconduct at an event designated as a "special event of national significance," whether or not a Secret Service protectee is in attendance. Intensifies federal regulation of foreign and domestic commerce in methamphetamine precursors.
Much of the information contained in this report may also be found under a different arrangement in CRS Report RL33239, USA PATRIOT Improvement and Reauthorization Act of 2005 (H.R. 3199): Section-by-Section Analysis of the Conference Bill .