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Summary:
Several sections of Title II of the USA PATRIOT Act (the Act) relating to
enhanced foreign intelligence and law enforcement surveillance authority expire on
December 31, 2005. Thereafter, the 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 voicemail
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).
The sunset provision suggests two types of interpretative challenges: (1) what is a
potential offense? (2) what is the impact of amendments enacted after the Act? This
report is an abridged version - without footnotes or chart - of CRS Report RL32186,
USA PATRIOT Act Sunset: Provisions That Expire on December 31, 2005.
