(a) In General.âExcept as provided in subsection (b), this title and the amendments made by this title (other than sections 203(a) 203(c), 205, 208, 210, 211, 213, 216, 219, 221, and 222, and the amendments made by those sections) shall cease to have effect on December 31, 2005. H.R. Introduction

Subsection 224(a) of the USA PATRIOT Act (the act) indicates that various sections in Title II of the act are to remain in effect only until March 10, 2006. What is a "potential offense"? 1030 (computer fraud and abuse) on the list; section 201 contributes:
18 U.S.C. The subsections use the same definitions for foreign intelligence, counterintelligence and foreign intelligence information:
The term "foreign intelligence information" means:
(a) information, whether or not it concerns a United States person, that relates to the ability of the United States to protect againstâ
âactual or potential attack or other grave hostile acts of a foreign power or its agent;
âsabotage or international terrorism by a foreign power or its agent; or
âclandestine intelligence activities by an intelligence service or network of a foreign power or by its agent; or
(b) information, whether or not it concerns a United States person, with respect to a foreign power or foreign territory that relates toâ
âthe national defense or the security of the United States; or
âthe conduct of the foreign affairs of the United States. It split off the grand jury components from the second proposal, and permitted sharing of grand jury matters only with court approval, Â§Â§154, 353, H.R. Permanent authority elsewhere allows for law enforcement sharing. What Does Not Expire

The authority under section 204 ends on March 10, 2006 except for investigations relating to offenses or potential offenses begun or occurring before then. The content provision has been repealed and replaced; the records provision has not, 18 U.S.C. Section 220 (Nationwide Service of Search Warrants for Electronic Evidence)

Before the act, federal authorities could gain access to a communications service provider's customer records and the content of their electronic communications either through the use of a search warrant or in some instances a court order, 18 U.S.C. Section 207 (Duration of FISA Surveillance of Non-United States Persons Who Are Agents of a Foreign Power)

Under FISA before passage of the act, FISA wiretap orders with the agent of a foreign power as their target had a maximum duration of 90 days, and could be extended in 90 day increments, 50 U.S.C. There are no subsequent amendments to the act or to FISA that alter the consequences of that reversion, but the impact of expiration may be mitigated by changes in the law governing "national security letters" that provide access to a wider range of business records after sunset. What Does Not Expire

Section 218 sunsets on March 10, 2006 except with respect to foreign intelligence investigations initiated before that date. However, the USA PATRIOT Act, along with changes in Attorney General Guidelines and Foreign Intelligence Surveillance Act (FISA) court procedures, brought down this wall separating intelligence from law enforcement and greatly enhanced foreign intelligence information sharing among federal law enforcement and national security personnel, intelligence agencies, and other entities entrusted with protecting the nation from acts of terrorism. The wall prevented effective communication and cooperation in terrorism cases; removal has been beneficial. Section 223 (Civil Liability for Certain Unauthorized Disclosures)

Section 223 is discussed above. USA PATRIOT Act Sections of Title II That Do Not Expire

Subsection 224(a) cites several sections and subsections of Title II that are not subject to its declaration of sunset. 3103a(b); section 216 (modification of authorities relating to the use of pen registers and trap and trace devices) ((1) modifies the pen register/trap and trace device procedureâthe procedure for court orders authorizing law enforcement installation and use of pen registers or trap and trace devices (essentially surreptitious caller id devices that identify only the source and destination of telephone calls)âto apply to electronic communications (e.g., e-mail addresses and Internet URL's); and (2) permits execution of the orders anywhere within the United States, rather than only in the judicial district in which the order is issued), 18 U.S.C.
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; their expiration date has been postponed until March 10, 2006. The authority remains in effect only with respect to foreign intelligence investigations begun before sunset or to offenses or potential offense begun or occurring before that date. Aside from the fact there may be some disagreement of whether a "potential offense" is a suspected crime, and/or an incomplete crime, and/or a future crime, after March 10, 2006 the law reverts to its previous form unless it has been amended or extended in the interim.
The consequences of sunset are not the same for every expiring section. In some instances the temporary provision has been replaced with a permanent one; in some, other provisions have been made temporary by attachment to an expiring section; in still others, the apparent impact of termination has been mitigated by related provisions either in the act or elsewhere.
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); and in the Intelligence Reform and Terrorism Prevention Act, section 6001 ("lone wolf" FISA orders).
The unimpaired provisions of Title II are: sections 203(a)(sharing grand jury information), 203(c)(procedures for grand jury and wiretap information sharing that identifies U.S. persons), 205 (employment of translators by the Federal Bureau of Investigation), 208 (adding 3 judges to FISA court), 210 (access to payment source information from communications providers), 211 (communications services by cable companies), 213 (sneak and peek warrants), 216 (law enforcement pen register/ trap and trace changes), 219 (single-jurisdiction search warrants for terrorism), 221 (trade sanctions), and 222 (provider assistance to law enforcement agencies). This report is available in an abridged version (without its footnotes, chart, and most of its citations to authority) as CRS Report RS21704, USA PATRIOT Act Sunset: A Sketch . 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 , and CRS Report RS22348, USA PATRIOT Improvement and Reauthorization Act of 2005 (H.R. 3199): A Brief Look ).