USA PATRIOT Improvement and Reauthorization Act of 2005: A Legal Analysis
LIBRARY OF CONGRESS WASHINGTON DC CONGRESSIONAL RESEARCH SERVICE
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By operation of section 224 of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act USA PATRIOT Act of 2001, several of the USA PATRIOT Acts amendments to the Foreign Intelligence Surveillance Act FISA and the Electronic Communications Privacy Act ECPA concerning law enforcement and intelligence investigative tools, were originally scheduled to expire on December 31, 2005. Section 6001a of the Intelligence Reform and Terrorism Prevention Act IRTPA of 2004 concerning lone wolf terrorists was also scheduled to sunset on that date. Without any legislative action, these provisions as well as amendments to them would have ceased to exist after the sunset date, and most of the pre-existing provisions of law would have been revived automatically. During the 109th Congress, the House and Senate each passed USA PATRIOT Reauthorization Acts, H.R. 3199 and S. 1389 respectively,5 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 6001a of IRTPA. The two bills differed in several respects, including the new sunset date under S. 1389, December 31, 2009, while H.R. 3199 offered a ten-year extension to December 31, 2015.
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- Military Intelligence