IB 

Union Calendar No. 109 

109TH CONGRESS 

1ST SESSION H. R. 3199 

[Report No. 109–174, Parts I and II] 

To extend and modify authorities needed to combat terrorism, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 11, 2005 

Mr. SENSENBRENNER introduced the following bill; which was referred to the 

Committee on the Judiciary, and in addition to the Select Committee on 

Intelligence (Permanent Select), for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

JULY 18, 2005 

Reported from the Committee on the Judiciary with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

JULY 18, 2005 

Reported from the Permanent Select Committee on Intelligence with an 

amendment, committed to the Committee of the Whole House on the 

State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in boldface roman] 

[For text of introduced bill, see copy of bill as introduced on July 11, 2005] 

A BILL 

To extend and modify authorities needed to combat 

terrorism, and for other purposes. 
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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘USA PATRIOT and 

5 Terrorism Prevention Reauthorization Act of 2005’’. 

6 SEC. 2. REFERENCES TO USA PATRIOT ACT. 

7 A reference in this Act to the USA PATRIOT ACT 

8 shall be deemed a reference to the Uniting and Strength9 ening America by Providing Appropriate Tools Required 

10 to Intercept and Obstruct Terrorism (USA PATRIOT ACT) 

11 Act of 2001. 

12 SEC. 3. USA PATRIOT ACT SUNSET PROVISIONS. 

13 (a) IN GENERAL.—Section 224 of the USA PATRIOT 

14 ACT is repealed. 

15 (b) SECTIONS 206 AND 215 SUNSET.—Effective De16 cember 31, 2015, the Foreign Intelligence Surveillance Act 

17 of 1978 is amended so that sections 501, 502, and 105(c)(2) 

18 read as they read on October 25, 2001. 

19 SEC. 4. REPEAL OF SUNSET PROVISION RELATING TO INDI20 VIDUAL TERRORISTS AS AGENTS OF FOREIGN 

21 POWERS. 

22 Section 6001 of the Intelligence Reform and Terrorism 

23 Prevention Act of 2004 (Public Law 108–458; 118 Stat. 

24 3742) is amended by— 

25 (1) striking subsection (b); and 
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1 (2) striking ‘‘(a)’’ and all that follows through 

2 ‘‘Section’’ and inserting ‘‘Section’’. 

3 SEC. 5. REPEAL OF SUNSET PROVISION RELATING TO SEC4 TION 2332B AND THE MATERIAL SUPPORT 

5 SECTIONS OF TITLE 18, UNITED STATES 

6 CODE. 

7 Section 6603 of the Intelligence Reform and Terrorism 

8 Prevention Act of 2004 (Public Law 108–458; 118 Stat. 

9 3762) is amended by striking subsection (g). 

10 SEC. 6. SHARING OF ELECTRONIC, WIRE, AND ORAL INTER11 CEPTION INFORMATION UNDER SECTION 

12 203(B) OF THE USA PATRIOT ACT. 

13 Section 2517(6) of title 18, United States Code, is 

14 amended by adding at the end the following: ‘‘Within a rea15 sonable time after a disclosure of the contents of a commu16 nication under this subsection, an attorney for the Govern17 ment shall file, under seal, a notice with a judge whose order 

18 authorized or approved the interception of that communica19 tion, stating the fact that such contents were disclosed and 

20 the departments, agencies, or entities to which the disclosure 

21 was made.’’. 
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1 SEC. 7. DURATION OF FISA SURVEILLANCE OF NON-UNITED 

2 STATES PERSONS UNDER SECTION 207 OF 

3 THE USA PATRIOT ACT. 

4 (a) ELECTRONIC SURVEILLANCE.—Section 105(e) of 

5 the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 

6 1805(e)) is amended— 

7 (1) in paragraph (1)(B), by striking ‘‘, as de8 fined in section 101(b)(1)(A)’’ and inserting ‘‘who is 

9 not a United States person’’; and 

10 (2) in subsection (2)(B), by striking ‘‘as defined 

11 in section 101(b)(1)(A)’’ and inserting ‘‘who is not a 

12 United States person’’. 

13 (b) PHYSICAL SEARCH.—Section 304(d) of such Act 

14 (50 U.S.C. 1824(d)) is amended— 

15 (1) in paragraph (1)(B), by striking ‘‘as defined 

16 in section 101(b)(1)(A)’’ and inserting ‘‘who is not a 

17 United States person’’; and 

18 (2) in paragraph (2), by striking ‘‘as defined in 

19 section 101(b)(1)(A)’’ and inserting ‘‘who is not a 

20 United States person’’. 

21 (c) PEN REGISTERS, TRAP AND TRACE DEVICES.— 

22 Section 402(e) of such Act (50 U.S.C. 1842(e)) is amend23 ed— 

24 (1) by striking ‘‘(e) An’’ and inserting ‘‘(e)(1) 

25 Except as provided in paragraph (2), an’’; and 
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1 (2) by adding at the end the following new para2 graph: 

3 ‘‘(2) In the case of an application under subsection (c) 

4 where the applicant has certified that the information likely 

5 to be obtained is foreign intelligence information not con6 cerning a United States person, an order, or an extension 

7 of an order, under this section may be for a period not to 

8 exceed one year.’’. 

9 SEC. 8. ACCESS TO CERTAIN BUSINESS RECORDS UNDER 

10 SECTION 215 OF THE USA PATRIOT ACT. 

11 (a) ESTABLISHMENT OF RELEVANCE STANDARD.— 

12 Subsection (b)(2) of section 501 of the Foreign Intelligence 

13 Surveillance Act of 1978 (50 U.S.C. 1861) is amended by 

14 striking ‘‘to obtain’’ and all that follows and inserting ‘‘and 

15 that the information likely to be obtained from the tangible 

16 things is reasonably expected to be (A) foreign intelligence 

17 information not concerning a United States person, or (B) 

18 relevant to an ongoing investigation to protect against 

19 international terrorism or clandestine intelligence activi20 ties.’’. 

21 (b) CLARIFICATION OF JUDICIAL DISCRETION.—Sub22 section (c)(1) of such section is amended to read as follows: 

23 ‘‘(c)(1) Upon an application made pursuant to this 

24 section, if the judge finds that the application meets the re25 quirements of subsections (a) and (b), the judge shall enter 
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1 an ex parte order as requested, or as modified, approving 

2 the release of records.’’. 

3 (c) AUTHORITY TO DISCLOSE TO ATTORNEY.—Sub4 section (d) of such section is amended to read as follows: 

5 ‘‘(d)(1) No person shall disclose to any person (other 

6 than a qualified person) that the United States has sought 

7 or obtained tangible things under this section. 

8 ‘‘(2) An order under this section shall notify the person 

9 to whom the order is directed of the nondisclosure require10 ment under paragraph (1). 

11 ‘‘(3) Any person to whom an order is directed under 

12 this section who discloses that the United States has sought 

13 to obtain tangible things under this section to a qualified 

14 person with respect to the order shall inform such qualified 

15 person of the nondisclosure requirement under paragraph 

16 (1) and that such qualified person is also subject to such 

17 nondisclosure requirement. 

18 ‘‘(4) A qualified person shall be subject to any non19 disclosure requirement applicable to a person to whom an 

20 order is directed under this section in the same manner as 

21 such person. 

22 ‘‘(5) In this subsection, the term ‘qualified person’ 

23 means— 
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1 ‘‘(A) any person necessary to produce the tan2 gible things pursuant to an order under this section; 

3 or 

4 ‘‘(B) an attorney to obtain legal advice with re5 spect to an order under this section.’’. 

6 (d) JUDICIAL REVIEW.— 

7 (1) PETITION REVIEW PANEL.—Section 103 of 

8 the Foreign Intelligence Surveillance Act of 1978 (50 

9 U.S.C. 1803) is amended by adding at the end the fol10 lowing new subsection: 

11 ‘‘(e)(1) Three judges designated under subsection (a) 

12 who reside within 20 miles of the District of Columbia, or 

13 if all of such judges are unavailable, other judges of the 

14 court established under subsection (a) as may be designated 

15 by the Presiding Judge of such court (who is designated 

16 by the Chief Justice of the United States from among the 

17 judges of the court), shall comprise a petition review panel 

18 which shall have jurisdiction to review petitions filed pur19 suant to section 501(f)(1). 

20 ‘‘(2) Not later than 60 days after the date of the enact21 ment of the USA PATRIOT and Terrorism Prevention Re22 authorization Act of 2005, the court established under sub23 section (a) shall develop and issue procedures for the review 

24 of petitions filed pursuant to section 501(f)(1) by the panel 

25 established under paragraph (1). Such procedures shall pro-
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1 vide that review of a petition shall be conducted ex parte 

2 and in camera and shall also provide for the designation 

3 of an Acting Presiding Judge.’’. 

4 (2) PROCEEDINGS.—Section 501 of the Foreign 

5 Intelligence Surveillance Act of 1978 (50 U.S.C. 

6 1861) is further amended by adding at the end the 

7 following new subsection: 

8 ‘‘(f)(1) A person receiving an order to produce any 

9 tangible thing under this section may challenge the legality 

10 of that order by filing a petition in the panel established 

11 by section 103(e)(1). The Presiding Judge shall conduct an 

12 initial review of the petition. If the Presiding Judge deter13 mines that the petition is frivolous, the Presiding Judge 

14 shall immediately deny the petition and promptly provide 

15 a written statement of the reasons for the determination for 

16 the record. If the Presiding Judge determines that the peti17 tion is not frivolous, the Presiding Judge shall immediately 

18 assign the petition to one of the judges serving on such 

19 panel. The assigned judge shall promptly consider the peti20 tion in accordance with procedures developed and issued 

21 pursuant to section 103(e)(2). The judge considering the pe22 tition may modify or set aside the order only if the judge 

23 finds that the order does not meet the requirements of this 

24 section or is otherwise unlawful. If the judge does not mod25 ify or set aside the order, the judge shall immediately affirm 
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1 the order and order the recipient to comply therewith. A 

2 petition for review of a decision to affirm, modify, or set 

3 aside an order by the United States or any person receiving 

4 such order shall be to the court of review established under 

5 section 103(b), which shall have jurisdiction to consider 

6 such petitions. The court of review shall immediately pro7 vide for the record a written statement of the reasons for 

8 its decision and, on petition of the United States or any 

9 person receiving such order for writ of certiorari, the record 

10 shall be transmitted under seal to the Supreme Court, which 

11 shall have jurisdiction to review such decision. 

12 ‘‘(2) Judicial proceedings under this subsection shall 

13 be concluded as expeditiously as possible. The judge consid14 ering a petition filed under this subsection shall provide 

15 for the record a written statement of the reasons for the deci16 sion. The record of proceedings, including petitions filed, 

17 orders granted, and statements of reasons for decision, shall 

18 be maintained under security measures established by the 

19 Chief Justice of the United States in consultation with the 

20 Attorney General and the Director of National Intelligence. 

21 ‘‘(3) All petitions under this subsection shall be filed 

22 under seal, and the court, upon the government’s request, 

23 shall review any government submission, which may in24 clude classified information, as well as the government’s ap25 plication and related materials, ex parte and in camera.’’. 
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1 SEC. 9. REPORT ON EMERGENCY DISCLOSURES UNDER 

2 SECTION 212 OF THE USA PATRIOT ACT. 

3 Section 2702 of title 18, United States Code, is amend4 ed by adding at the end the following: 

5 ‘‘(d) REPORT.—On an annual basis, the Attorney Gen6 eral shall submit to the Committees on the Judiciary of the 

7 House and the Senate a report containing— 

8 ‘‘(1) the number of accounts from which the De9 partment of Justice has received voluntary disclosures 

10 under subsection (b)(8); and 

11 ‘‘(2) a summary of the basis for disclosure in 

12 those instances where— 

13 ‘‘(A) voluntary disclosure under subsection 

14 (b)(8) was made to the Department of Justice; 

15 and 

16 ‘‘(B) the investigation pertaining to those 

17 disclosures was closed without the filing of crimi18 nal charges.’’. 

19 SEC. 10. SPECIFICITY AND NOTIFICATION FOR ROVING SUR20 VEILLANCE AUTHORITY UNDER SECTION 206 

21 OF THE USA PATRIOT ACT. 

22 (a) INCLUSION OF SPECIFIC FACTS IN APPLICATION.— 

23 Section 105(c)(2)(B) of the Foreign Intelligence Surveil24 lance Act of 1978 (50 U.S.C. 1805(c)(2)(B)) is amended by 

25 striking ‘‘where the Court finds’’ and inserting ‘‘where the 
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1 Court finds, based upon specific facts provided in the appli2 cation,’’. 

3 (b) NOTIFICATION OF SURVEILLANCE OF NEW FACIL4 ITY OR PLACE.—Section 105(c)(2) of such Act is amend5 ed— 

6 (1) in subparagraph (C), by striking ‘‘and’’ at 

7 the end; 

8 (2) in subparagraph (D), by striking the period 

9 at the end and inserting ‘‘; and’’; and 

10 (3) by adding at the end the following new sub11 paragraph: 

12 ‘‘(E) that, in the case of electronic surveil13 lance directed at a facility or place that is not 

14 known at the time the order is issued, the appli15 cant shall notify a judge having jurisdiction 

16 under section 103 within 10 days after electronic 

17 surveillance begins to be directed at a new facil18 ity or place, and such notice shall contain a 

19 statement of the facts and circumstances relied 

20 upon by the applicant to justify the belief that 

21 the facility or place at which the electronic sur22 veillance is or was directed is being used, or is 

23 about to be used, by the target of electronic sur24 veillance.’’. 
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1 SEC. 11. PROHIBITION ON PLANNING TERRORIST ATTACKS 

2 ON MASS TRANSPORTATION. 

3 Section 1993(a) of title 18, United States Code, is 

4 amended— 

5 (1) by striking ‘‘or’’ at the end of paragraph (7); 

6 (2) by redesignating paragraph (8) as para7 graph (9); and 

8 (3) by inserting after paragraph (7) the fol9 lowing: 

10 ‘‘(8) surveils, photographs, videotapes, diagrams, 

11 or otherwise collects information with the intent to 

12 plan or assist in planning any of the acts described 

13 in the paragraphs (1) through (7); or’’. 

14 SEC. 12. ENHANCED REVIEW OF DETENTIONS. 

15 Section 1001 of the USA PATRIOT ACT is amended 

16 by— 

17 (1) inserting ‘‘(A)’’ after ‘‘(1)’’; and 

18 (2) inserting after ‘‘Department of Justice’’ the 

19 following: ‘‘, and (B) review detentions of persons 

20 under section 3144 of title 18, United States Code, in21 cluding their length, conditions of access to counsel, 

22 frequency of access to counsel, offense at issue, and 

23 frequency of appearance before a grand jury’’. 

24 SEC. 13. FORFEITURE. 

25 Section 981(a)(1)(B)(i) of title 18, United States Code, 

26 is amended by inserting ‘‘trafficking in nuclear, chemical, 
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1 biological, or radiological weapons technology or material, 

2 or’’ after ‘‘involves’’. 

3 SEC. 14. ADDING OFFENSES TO THE DEFINITION OF FED4 ERAL CRIME OF TERRORISM. 

5 Section 2332b(g)(5)(B)(i) of title 18, United States 

6 Code, is amended— 

7 (1) by inserting ‘‘, 2339D (relating to military8 type training from a foreign terrorist organization)’’ 

9 before ‘‘, or 2340A’’ ; and 

10 (2) by inserting ‘‘832 (relating to nuclear and 

11 weapons of mass destruction threats),’’ after ‘‘831 (re12 lating to nuclear materials),’’. 

13 SEC. 15. AMENDMENTS TO SECTION 2516(1) OF TITLE 18, 

14 UNITED STATES CODE. 

15 (a) PARAGRAPH (c) AMENDMENT.—Section 2516(1)(c) 

16 of title 18, United States Code, is amended— 

17 (1) by inserting ‘‘section 37 (relating to violence 

18 at international airports), section 175b (relating to 

19 biological agents or toxins)’’ after ‘‘the following sec20 tions of this title:’’; 

21 (2) by inserting ‘‘section 832 (relating to nuclear 

22 and weapons of mass destruction threats), section 842 

23 (relating to explosive materials), section 930 (relating 

24 to possession of weapons in Federal facilities),’’ after 

25 ‘‘section 751 (relating to escape),’’; 
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1 (3) by inserting ‘‘section 1114 (relating to offi2 cers and employees of the United States), section 1116 

3 (relating to protection of foreign officials), sections 

4 1361–1363 (relating to damage to government build5 ings and communications), section 1366 (relating to 

6 destruction of an energy facility),’’ after ‘‘section 

7 1014 (relating to loans and credit applications gen8 erally; renewals and discounts),’’; 

9 (4) by inserting ‘‘section 1993 (relating to ter10 rorist attacks against mass transportation), sections 

11 2155 and 2156 (relating to national-defense utilities), 

12 sections 2280 and 2281 (relating to violence against 

13 maritime navigation),’’ after ‘‘section 1344 (relating 

14 to bank fraud),’’; and 

15 (5) by inserting ‘‘section 2340A (relating to tor16 ture),’’ after ‘‘section 2321 (relating to trafficking in 

17 certain motor vehicles or motor vehicle parts),’’. 

18 (b) PARAGRAPH (p) AMENDMENT.—Section 2516(1)(p) 

19 is amended by inserting ‘‘, section 1028A (relating to aggra20 vated identity theft)’’ after ‘‘other documents’’. 

21 (c) PARAGRAPH (q) AMENDMENT.—Section 2516(1)(q) 

22 of title 18, United States Code is amended— 

23 (1) by inserting ‘‘2339,’’ after ‘‘2332h,’’; and 

24 (2) by striking ‘‘or 2339C’’ and inserting 

25 ‘‘2339C, or 2339D’’. 
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1 SEC. 16. DEFINITION OF PERIOD OF REASONABLE DELAY 

2 UNDER SECTION 213 OF THE USA PATRIOT 

3 ACT. 

4 Section 3103a(b)(3) of title 18, United States Code, is 

5 amended— 

6 (1) by striking ‘‘of its’’ and inserting ‘‘, which 

7 shall not be more than 180 days, after its’’; and 

8 (2) by inserting ‘‘for additional periods of not 

9 more than 90 days each’’ after ‘‘may thereafter be ex10 tended’’. 

11 SECTION 1. SHORT TITLE. 

12 This Act may be cited as the ‘‘USA PA13 TRIOT and Terrorism Prevention Reauthor14 ization Act of 2005’’. 

15 SEC. 2. REFERENCES TO USA PATRIOT ACT. 

16 A reference in this Act to the USA PA17 TRIOT ACT shall be deemed a reference to 

18 the Uniting and Strengthening America by 

19 Providing Appropriate Tools Required to 

20 Intercept and Obstruct Terrorism (USA PA21 TRIOT ACT) Act of 2001. 

22 SEC. 3. REPEAL OF USA PATRIOT ACT SUNSET PROVISION. 

23 Section 224 of the USA PATRIOT ACT is 

24 repealed. 
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1 SEC. 4. EXTENSION OF SUNSET PROVISION RELATING TO 

2 INDIVIDUAL TERRORISTS AS AGENTS OF 

3 FOREIGN POWERS. 

4 Subsection (b) of section 6001 of the Intel5 ligence Reform and Terrorism Prevention Act 

6 of 2004 (Public Law 108–458; 118 Stat. 3742) is 

7 amended to read as follows: 

8 ‘‘(b) SUNSET.—(1) Except as provided in 

9 paragraph (2), the amendment made by sub10 section (a) shall cease to have effect on De11 cember 31, 2010. 

12 ‘‘(2) With respect to any particular foreign 

13 intelligence investigation that began before 

14 the date on which the amendment made by 

15 subsection (a) ceases to have effect, such 

16 amendment shall continue in effect.’’. 

17 SEC. 5. REPEAL OF SUNSET PROVISION RELATING TO SEC18 TION 2332B AND THE MATERIAL SUPPORT 

19 SECTIONS OF TITLE 18, UNITED STATES 

20 CODE. 

21 Section 6603 of the Intelligence Reform 

22 and Terrorism Prevention Act of 2004 (Public 

23 Law 108–458; 118 Stat. 3762) is amended by 

24 striking subsection (g). 
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1 SEC. 6. SHARING OF ELECTRONIC, WIRE, AND ORAL INTER2 CEPTION INFORMATION UNDER SECTION 

3 203(B) OF THE USA PATRIOT ACT. 

4 Section 2517(6) of title 18, United States 

5 Code, is amended by adding at the end the fol6 lowing: ‘‘Within a reasonable time after a dis7 closure of the contents of a communication 

8 under this subsection, an attorney for the 

9 Government shall file, under seal, a notice 

10 with a judge whose order authorized or ap11 proved the interception of that communica12 tion, stating the fact that such contents were 

13 disclosed and the departments, agencies, or 

14 entities to which the disclosure was made.’’. 

15 SEC. 7. DURATION OF FISA SURVEILLANCE OF NON-UNITED 

16 STATES PERSONS UNDER SECTION 207 OF 

17 THE USA PATRIOT ACT. 

18 (a) ELECTRONIC SURVEILLANCE.—Section 

19 105(e) of the Foreign Intelligence Surveillance 

20 Act of 1978 (50 U.S.C. 1805(e)), is amended—

21 (1) in paragraph (1)(B), by striking ‘‘, 

22 as defined in section 101(b)(1)(A)’’ and in23 serting ‘‘who is not a United States per24 son’’; and 

25 (2) in subsection (2)(B), by striking 

26 ‘‘as defined in section 101(b)(1)(A)’’ and 
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1 inserting ‘‘who is not a United States per2 son’’. 

3 (b) PHYSICAL SEARCH.—Section 304(d) of 

4 such Act (50 U.S.C. 1824(d)) is amended—

5 (1) in paragraph (1)(B), by striking 

6 ‘‘as defined in section 101(b)(1)(A)’’ and 

7 inserting ‘‘who is not a United States per8 son’’; and 

9 (2) in paragraph (2), by striking ‘‘as 

10 defined in section 101(b)(1)(A)’’ and in11 serting ‘‘who is not a United States per12 son’’. 

13 (c) PEN REGISTERS, TRAP AND TRACE DE14 VICES.—Section 402(e) of such Act (50 U.S.C. 

15 1842(e)) is amended—

16 (1) by striking ‘‘(e) An’’ and inserting 

17 ‘‘(e)(1) Except as provided in paragraph 

18 (2), an’’; and 

19 (2) by adding at the end the following 

20 new paragraph: 

21 ‘‘(2) In the case of an application under 

22 subsection (c) where the applicant has cer23 tified that the information likely to be ob24 tained is foreign intelligence information not 

25 concerning a United States person, an order, 
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1 or an extension of an order, under this section 

2 may be for a period not to exceed one year.’’. 

3 SEC. 8. ACCESS TO CERTAIN BUSINESS RECORDS UNDER 

4 SECTION 501 OF FISA UNDER SECTION 215 OF 

5 THE USA PATRIOT ACT. 

6 (a) ESTABLISHMENT OF RELEVANCE STAND7 ARD.—Subsection (b)(2) of section 501 of the 

8 Foreign Intelligence Surveillance Act of 1978 

9 (50 U.S.C. 1861), is amended by striking ‘‘to ob10 tain’’ and all that follows and inserting ‘‘and 

11 that the information likely to be obtained 

12 from the tangible things is reasonably ex13 pected to be (A) foreign intelligence informa14 tion not concerning a United States person, or 

15 (B) relevant to an ongoing investigation to 

16 protect against international terrorism or 

17 clandestine intelligence activities.’’. 

18 (b) CLARIFICATION OF JUDICIAL DISCRE19 TION.—Subsection (c)(1) of such section is 

20 amended to read as follows: 

21 ‘‘(c)(1) Upon an application made pursu22 ant to this section, if the judge finds that the 

23 application meets the requirements of sub24 sections (a) and (b), the judge shall enter an 
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1 ex parte order as requested, or as modified, 

2 approving the release of records.’’. 

3 (c) AUTHORITY TO DISCLOSE TO ATTORNEY.—

4 Subsection (d) of such section is amended to 

5 read as follows: 

6 ‘‘(d)(1) No person shall disclose to any per7 son (other than a qualified person) that the 

8 United States has sought or obtained tangible 

9 things under this section. 

10 ‘‘(2) An order under this section shall no11 tify the person to whom the order is directed 

12 of the nondisclosure requirement under para13 graph (1). 

14 ‘‘(3) Any person to whom an order is di15 rected under this section who discloses that 

16 the United States has sought to obtain tan17 gible things under this section to a qualified 

18 person in response to the order shall inform 

19 such qualified person of the nondisclosure re20 quirement under paragraph (1) and that such 

21 qualified person is also subject to such non22 disclosure requirement. 

23 ‘‘(4) A qualified person shall be subject to 

24 any nondisclosure requirement applicable to 

25 a person to whom an order is directed under 
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1 this section in the same manner as such per2 son. 

3 ‘‘(5) In this subsection, the term ‘qualified 

4 person’ means—

5 ‘‘(A) any person necessary to produce 

6 the tangible things pursuant to an order 

7 under this section; or 

8 ‘‘(B) an attorney to obtain legal ad9 vice in response to an order under this 

10 section.’’. 

11 (d) JUDICIAL REVIEW.—

12 (1) PETITION REVIEW PANEL.—Section 

13 103 of the Foreign Intelligence Surveil14 lance Act of 1978 (50 U.S.C. 1803) is 

15 amended by adding at the end the fol16 lowing new subsection: 

17 ‘‘(e)(1) Three judges designated under sub18 section (a) who reside within 20 miles of the 

19 District of Columbia, or if all of such judges 

20 are unavailable, other judges of the court es21 tablished under subsection (a) as may be des22 ignated by the Presiding Judge of such court 

23 (who is designated by the Chief Justice of the 

24 United States from among the judges of the 

25 court), shall comprise a petition review panel 
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1 which shall have jurisdiction to review peti2 tions filed pursuant to section 501(f)(1). 

3 ‘‘(2) Not later than 60 days after the date 

4 of the enactment of the USA PATRIOT and 

5 Terrorism Prevention Reauthorization Act of 

6 2005, the court established under subsection 

7 (a) shall develop and issue procedures for the 

8 review of petitions filed pursuant to section 

9 501(f)(1) by the panel established under para10 graph (1). Such procedures shall provide that 

11 review of a petition shall be conducted ex 

12 parte and in camera and shall also provide for 

13 the designation of an Acting Presiding 

14 Judge.’’. 

15 (2) PROCEEDINGS.—Section 501 of the 

16 Foreign Intelligence Surveillance Act of 

17 1978 (50 U.S.C. 1861) is further amended 

18 by adding at the end the following new 

19 subsection: 

20 ‘‘(f)(1) A person receiving an order to 

21 produce any tangible thing under this section 

22 may challenge the legality of that order by fil23 ing a petition in the panel established by sec24 tion 103(e)(1). The Presiding Judge shall con25 duct an initial review of the petition. If the 
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1 Presiding Judge determines that the petition 

2 is frivolous, the Presiding Judge shall imme3 diately deny the petition and promptly pro4 vide a written statement of the reasons for the 

5 determination for the record. If the Presiding 

6 Judge determines that the petition is not friv7 olous, the Presiding Judge shall immediately 

8 assign the petition to one of the judges serv9 ing on such panel. The assigned judge shall 

10 promptly consider the petition in accordance 

11 with procedures developed and issued pursu12 ant to section 103(e)(2). The judge considering 

13 the petition may modify or set aside the order 

14 only if the judge finds that the order does not 

15 meet the requirements of this section or is 

16 otherwise unlawful. If the judge does not 

17 modify or set aside the order, the judge shall 

18 immediately affirm the order and order the 

19 recipient to comply therewith. A petition for 

20 review of a decision to affirm, modify, or set 

21 aside an order by the United States or any 

22 person receiving such order shall be to the 

23 court of review established under section 

24 103(b), which shall have jurisdiction to con25 sider such petitions. The court of review shall 
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1 immediately provide for the record a written 

2 statement of the reasons for its decision and, 

3 on petition of the United States or any person 

4 receiving such order for writ of certiorari, the 

5 record shall be transmitted under seal to the 

6 Supreme Court, which shall have jurisdiction 

7 to review such decision. 

8 ‘‘(2) Judicial proceedings under this sub9 section shall be concluded as expeditiously as 

10 possible. The judge considering a petition 

11 filed under this subsection shall provide for 

12 the record a written statement of the reasons 

13 for the decision. The record of proceedings, 

14 including petitions filed, orders granted, and 

15 statements of reasons for decision, shall be 

16 maintained under security measures estab17 lished by the Chief Justice of the United 

18 States in consultation with the Attorney Gen19 eral and the Director of National Intelligence. 

20 ‘‘(3) All petitions under this subsection 

21 shall be filed under seal, and the court, upon 

22 the government’s request, shall review any 

23 government submission, which may include 

24 classified information, as well as the govern-
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1 ment’s application and related materials, ex 

2 parte and in camera.’’. 

3 SEC. 9. MODIFICATION OF SURVEILLANCE AUTHORITY 

4 UNDER THE FOREIGN INTELLIGENCE SUR5 VEILLANCE ACT OF 1978. 

6 Subsection (c)(2) of section 105 of the For7 eign Intelligence Surveillance Act of 1978 (50 

8 U.S.C. 1805) is amended—

9 (1) by striking ‘‘and’’ at the end of 

10 subparagraph (C); 

11 (2) by striking the period at the end 

12 of subparagraph (D) and inserting ‘‘; 

13 and’’; and 

14 (3) by adding at the end the following 

15 new subparagraph: 

16 ‘‘(E) that, in cases where the facil17 ity or place at which surveillance will 

18 be directed is not known at the time 

19 the order is issued, the applicant 

20 shall notify a judge having jurisdic21 tion under section 103 within a rea22 sonable period of time, as determined 

23 by the court, after surveillance begins 

24 to be directed at a new facility or 

25 place, and that such notice shall con-
26 

•HR 3199 RH 

1 tain a statement of the facts and cir2 cumstances relied upon by the appli3 cant to justify the belief that the facil4 ity or place at which the electronic 

5 surveillance was directed is being 

6 used, or is about to be used, by the 

7 target of the electronic surveillance.’’. 

Union Calendar No. 109 

109TH CONGRESS 

1ST SESSION H. R. 3199 

[Report No. 109–174, Parts I and II] 

A BILL 

To extend and modify authorities needed to combat 

terrorism, and for other purposes. 

JULY 18, 2005 

Reported from the Committee on the Judiciary with an 

amendment 

JULY 18, 2005 

Reported from the Permanent Select Committee on Inteland ordered to be printed mittee of the Whole House on the State of the Union, ligence with an amendment, committed to the Com-