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Key Votes

HR 3199 - PATRIOT Act Reauthorization - Key Vote

National Key Votes

James DeMint voted Yea (Conference Report Vote) on this Legislation.

Read statements James DeMint made in this general time period.

Stages

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Issues

Stage Details

Legislation - Signed (Executive) - Became Public Law No. 109-177 -
Legislation - Conference Report Adopted (Senate) (89-10) - (Key vote)

Title: PATRIOT Act Reauthorization

Vote Smart's Synopsis:

Vote to adopt a conference report that extends the authority of the Federal Bureau of Investigation (FBI) to conduct "roving wiretaps" and access certain business records through December 31, 2009, and makes the remaining 14 provisions of the Patriot Act permanent.

Highlights:
  • Assigns three judges near the District of Columbia to hear individuals' petitions concerning improper requests by the FBI for library circulation records, library patron lists, book sales records, book customer lists, records of fire arm sales, tax return records, educational records and medical records (Sec. 106).
  • Requires the Attorney General to report to the Committees on the Judiciary and the Select Committees on Intelligence in both chambers of Congress every year with the number of library, tax, and business records orders that are granted, modified, or denied (Sec. 106).
  • Increases the amount of time before a suspect must be notified of a search warrant for his or her property to 30 days after a search, unless the time period is extended by a judge (Sec. 114).
  • Allows Internet service providers to disclose their subscribers information and the contents of their communications to a government entity, if they believe there is "immediate danger of death or serious physical injury" (Sec. 107).
  • Requires that any court that allows a "roving wiretap" under the Foreign Intelligence Surveillance Act (FISA) must describe in great detail the intended target whose identity is not known (Sec. 108).
  • Allows individuals and businesses to seek legal counsel if they have received a National Security Letter from the FBI to disclose their financial information and records (Sec. 115).
  • Sets the penalty of five years in prison, a fine or both for a lawyer or individual who discloses any information concerning his or her or another individual's National Security Letter (Sec. 117).
  • Clarifies that a convicted terrorist can be subject to the death penalty (Sec. 211).
  • Requires the specifics of all transfers of ephedrine, pseudoephedrine or phenylpropanolamine through shipping to a private individual to be reported within a 30 day period (Sec. 716).
  • Increases the punishment for any individual that manufactures or distributes methamphetamine in the presence of minors (Sec. 734).
Legislation - Cloture Not Invoked (Senate) (52-47) - (Key vote)

Title: PATRIOT Act Reauthorization

Vote Smart's Synopsis:

Vote to invoke cloture on a conference report that extends the authority of the Federal Bureau of Intelligence (FBI) to conduct "roving wiretaps" and access certain business records through December 31, 2009, and makes the remaining provisions of the Patriot Act permanent.

Highlights:
  • Assigns three judges near the District of Columbia to hear individuals' petitions concerning improper requests by the FBI for library circulation records, library patron lists, book sales records, book customer lists, records of fire arm sales, tax return records, educational records and medical records (Sec. 106).
  • Requires the Attorney General to report to the Committees on the Judiciary and the Select Committees on Intelligence in both chambers of Congress every year with the number of library, tax, and business records orders that are granted, modified, or denied (Sec. 106).
  • Increases the amount of time before a suspect must be notified of a search warrant for his or her property to 30 days after a search, unless the time period is extended by a judge (Sec. 114).
  • Allows Internet service providers to disclose their subscribers information and the contents of their communications to a government entity, if they believe there is "immediate danger of death or serious physical injury" (Sec. 107).
  • Requires that any court that allows a "roving wiretap" under the Foreign Intelligence Surveillance Act (FISA) must describe in great detail the intended target whose identity is not known (Sec. 108).
  • Allows individuals and businesses to seek legal counsel if they have received a National Security Letter from the FBI to disclose their financial information and records (Sec. 115).
  • Sets the penalty of five years in prison, a fine or both for a lawyer or individual who discloses any information concerning his or her or another individual's National Security Letter (Sec. 117).
  • Clarifies that a convicted terrorist can be subject to the death penalty (Sec. 211).
  • Requires the specifics of all transfers of ephedrine, pseudoephedrine or phenylpropanolamine through shipping to a private individual to be reported within a 30 day period (Sec. 716).
  • Increases the punishment for any individual that manufactures or distributes methamphetamine in the presence of minors (Sec. 734).
Note:

NOTE: INVOKING CLOTURE REQUIRES A 3/5 MAJORITY OF THE SENATE. IT IS NOT A VOTE ON THE PASSAGE OF THE PIECE OF LEGISLATION, BUT LIMITS FURTHER DEBATE TO 30 HOURS. CLOTURE IS TYPICALLY USED TO END A FILIBUSTER. A FAILED CLOTURE VOTE OFTEN PREVENTS THE LEGISLATION FROM EVER COMING TO A VOTE.

Legislation - Conference Report Adopted (House) (251-174) - (Key vote)

Title: PATRIOT Act Reauthorization

Vote Smart's Synopsis:

Vote to invoke cloture on a conference report that extends the authority of the Federal Bureau of Intelligence (FBI) to conduct "roving wiretaps" and access certain business records through December 31, 2009, and makes the remaining provisions of the Patriot Act permanent.

Highlights:
  • Assigns three judges near the District of Columbia to hear individuals' petitions concerning improper requests by the FBI for library circulation records, library patron lists, book sales records, book customer lists, records of fire arm sales, tax return records, educational records and medical records (Sec. 106).
  • Requires the Attorney General to report to the Committees on the Judiciary and the Select Committees on Intelligence in both chambers of Congress every year with the number of library, tax, and business records orders that are granted, modified, or denied (Sec. 106).
  • Increases the amount of time before a suspect must be notified of a search warrant for his or her property to 30 days after a search, unless the time period is extended by a judge (Sec. 114).
  • Allows Internet service providers to disclose their subscribers information and the contents of their communications to a government entity, if they believe there is "immediate danger of death or serious physical injury" (Sec. 107).
  • Requires that any court that allows a "roving wiretap" under the Foreign Intelligence Surveillance Act (FISA) must describe in great detail the intended target whose identity is not known (Sec. 108).
  • Allows individuals and businesses to seek legal counsel if they have received a National Security Letter from the FBI to disclose their financial information and records (Sec. 115).
  • Sets the penalty of five years in prison, a fine or both for a lawyer or individual who discloses any information concerning his or her or another individual's National Security Letter (Sec. 117).
  • Clarifies that a convicted terrorist can be subject to the death penalty (Sec. 211).
  • Requires the specifics of all transfers of ephedrine, pseudoephedrine or phenylpropanolamine through shipping to a private individual to be reported within a 30 day period (Sec. 716).
  • Increases the punishment for any individual that manufactures or distributes methamphetamine in the presence of minors (Sec. 734).
Legislation - Bill Passed With Amendment (Senate) -
Note:

NOTE: THIS IS A SUBSTITUTE BILL, MEANING THE LANGUAGE OF THE ORIGINAL BILL HAS BEEN REPLACED. THE DEGREE TO WHICH THE SUBSTITUTE BILL TEXT DIFFERS FROM THE PREVIOUS VERSION OF THE TEXT CAN VARY GREATLY.

NOTE: THIS VOTE PASSED BY UNANIMOUS CONSENT, MEANING NO MEMBER OBJECTED TO THE PASSAGE OF THE VOTE. THIS DOES NOT NECESSARILY INDICATE THAT ALL MEMBERS FAVORED THE VOTE'S OUTCOME.

Legislation - Motion Rejected (House) (209-218) - (Key vote)

Title: PATRIOT Act Reauthorization

Vote Smart's Synopsis:

Vote on a motion to recommit the bill with instructions to set an expiration date of 12/31/2009 for all provisions of the USA PATRIOT Act originally set to expire on 12/31/2005.

Note:

NOTE: THIS IS A MOTION TO RECOMMIT THIS LEGISLATION TO A COMMITTEE WITH INSTRUCTIONS FOR AMENDMENTS. IF THE AMENDMENTS ARE ADOPTED, THE LEGISLATION GOES BACK TO THE FLOOR FOR A VOTE ON FINAL PASSAGE.

Legislation - Bill Passed (House) (257-171) - (Key vote)

Title: PATRIOT Act Reauthorization

Vote Smart's Synopsis:

Vote to pass a bill that reauthorizes and extends certain provisions of the USA PATRIOT Act of 2001 and adds new provisions to the act.

Highlights:
  • Repeals the expiration date of Dec. 31, 2005, for all other provisions of the USA PATRIOT Act of 2001 set to expire on that date (Sec. 102).
  • Extends until Dec. 31, 2015, the government's power to obtain records, papers, documents, and other items during investigations of terrorism or foreign intelligence activities, and requires that the FBI Director personally approve requests for library or bookstore records (Sec. 107).
  • Extends until Dec. 31, 2015, the government's power to conduct "roving" wiretaps that monitor all or multiple lines of an individual's electronic or phone communication rather than only one specific line (Sec. 109).
  • Prohibits surveillance, photographing, or videotaping of mass transportation systems with the intent to plan a terrorist attack (Sec. 110).
  • Expands the definition of the federal crime of terrorism to include military-type training from a foreign terrorist organization and threats concerning nuclear weapons or weapons of mass destruction (Sec. 112).
  • Repeals the First Responder Grant Program and implements a "Faster and Smarter Funding for First Responders" program whereby grants will be distributed to states, regions, and eligible Indian tribes with approved "terrorism preparedness" plans (Sec. 128).
  • Raises the maximum punishment from life in prison to a sentence of death for various terrorism-related offenses, including any terrorist offense that results in the death of a person or a grave risk thereof (Sec. 211).
  • Makes a variety of terrorism-related acts involving maritime navigation illegal under federal law, including transportation of biological, chemical, or radioactive or nuclear materials, and transportation of terrorists; increases the penalties for various other acts of violence against maritime navigation (Sec. 305).
  • Raises the maximum punishment for terrorist attacks on mass transportation vehicles to the death penalty for attacks resulting in the death of a person or at least 30 years in prison for attacks on vehicles carrying high-level radioactive waste or spent nuclear fuel (Sec. 307).
  • Increases the maximum penalty to a fine of $50,000 or up to twenty years in prison for financing terrorist operations in contravention of the International Emergency Economic Powers Act (Sec. 402).
Note:

NOTE: THIS IS A SUBSTITUTE BILL, MEANING THE LANGUAGE OF THE ORIGINAL BILL HAS BEEN REPLACED. THE DEGREE TO WHICH THE SUBSTITUTE BILL TEXT DIFFERS FROM THE PREVIOUS VERSION OF THE TEXT CAN VARY GREATLY.

Legislation - Introduced (House) -

Title: PATRIOT Act Reauthorization

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