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[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3199 Reported in House (RH)]

                                                 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``USA PATRIOT and Terrorism Prevention 
Reauthorization Act of 2005''.

SEC. 2. REFERENCES TO USA PATRIOT ACT.

    A reference in this Act to the USA PATRIOT ACT shall be deemed a 
reference to the Uniting and Strengthening America by Providing 
Appropriate Tools Required to Intercept and Obstruct Terrorism (USA 
PATRIOT ACT) Act of 2001.

SEC. 3. USA PATRIOT ACT SUNSET PROVISIONS.

    (a) In General.--Section 224 of the USA PATRIOT ACT is repealed.
    (b) Sections 206 and 215 Sunset.--Effective December 31, 2015, the 
Foreign Intelligence Surveillance Act of 1978 is amended so that 
sections 501, 502, and 105(c)(2) read as they read on October 25, 2001.

SEC. 4. REPEAL OF SUNSET PROVISION RELATING TO INDIVIDUAL TERRORISTS AS 
              AGENTS OF FOREIGN POWERS.

    Section 6001 of the Intelligence Reform and Terrorism Prevention 
Act of 2004 (Public Law 108-458; 118 Stat. 3742) is amended by--
            (1) striking subsection (b); and
            (2) striking ``(a)'' and all that follows through 
        ``Section'' and inserting ``Section''.

SEC. 5. REPEAL OF SUNSET PROVISION RELATING TO SECTION 2332B AND THE 
              MATERIAL SUPPORT SECTIONS OF TITLE 18, UNITED STATES 
              CODE.

    Section 6603 of the Intelligence Reform and Terrorism Prevention 
Act of 2004 (Public Law 108-458; 118 Stat. 3762) is amended by striking 
subsection (g).

SEC. 6. SHARING OF ELECTRONIC, WIRE, AND ORAL INTERCEPTION INFORMATION 
              UNDER SECTION 203(B) OF THE USA PATRIOT ACT.

    Section 2517(6) of title 18, United States Code, is amended by 
adding at the end the following: ``Within a reasonable time after a 
disclosure of the contents of a communication under this subsection, an 
attorney for the Government shall file, under seal, a notice with a 
judge whose order authorized or approved the interception of that 
communication, stating the fact that such contents were disclosed and 
the departments, agencies, or entities to which the disclosure was 
made.''.

SEC. 7. DURATION OF FISA SURVEILLANCE OF NON-UNITED STATES PERSONS 
              UNDER SECTION 207 OF THE USA PATRIOT ACT.

    (a) Electronic Surveillance.--Section 105(e) of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1805(e)) is amended--
            (1) in paragraph (1)(B), by striking ``, as defined in 
        section 101(b)(1)(A)'' and inserting ``who is not a United 
        States person''; and
            (2) in subsection (2)(B), by striking ``as defined in 
        section 101(b)(1)(A)'' and inserting ``who is not a United 
        States person''.
    (b) Physical Search.--Section 304(d) of such Act (50 U.S.C. 
1824(d)) is amended--
            (1) in paragraph (1)(B), by striking ``as defined in 
        section 101(b)(1)(A)'' and inserting ``who is not a United 
        States person''; and
            (2) in paragraph (2), by striking ``as defined in section 
        101(b)(1)(A)'' and inserting ``who is not a United States 
        person''.
    (c) Pen Registers, Trap and Trace Devices.--Section 402(e) of such 
Act (50 U.S.C. 1842(e)) is amended--
            (1) by striking ``(e) An'' and inserting ``(e)(1) Except as 
        provided in paragraph (2), an''; and
            (2) by adding at the end the following new paragraph:
    ``(2) In the case of an application under subsection (c) where the 
applicant has certified that the information likely to be obtained is 
foreign intelligence information not concerning a United States person, 
an order, or an extension of an order, under this section may be for a 
period not to exceed one year.''.

SEC. 8. ACCESS TO CERTAIN BUSINESS RECORDS UNDER SECTION 215 OF THE USA 
              PATRIOT ACT.

    (a) Establishment of Relevance Standard.--Subsection (b)(2) of 
section 501 of the Foreign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1861) is amended by striking ``to obtain'' and all that follows 
and inserting ``and that the information likely to be obtained from the 
tangible things is reasonably expected to be (A) foreign intelligence 
information not concerning a United States person, or (B) relevant to 
an ongoing investigation to protect against international terrorism or 
clandestine intelligence activities.''.
    (b) Clarification of Judicial Discretion.--Subsection (c)(1) of 
such section is amended to read as follows:
    ``(c)(1) Upon an application made pursuant to this section, if the 
judge finds that the application meets the requirements of subsections 
(a) and (b), the judge shall enter an ex parte order as requested, or 
as modified, approving the release of records.''.
    (c) Authority to Disclose to Attorney.--Subsection (d) of such 
section is amended to read as follows:
    ``(d)(1) No person shall disclose to any person (other than a 
qualified person) that the United States has sought or obtained 
tangible things under this section.
    ``(2) An order under this section shall notify the person to whom 
the order is directed of the nondisclosure requirement under paragraph 
(1).
    ``(3) Any person to whom an order is directed under this section 
who discloses that the United States has sought to obtain tangible 
things under this section to a qualified person with respect to the 
order shall inform such qualified person of the nondisclosure 
requirement under paragraph (1) and that such qualified person is also 
subject to such nondisclosure requirement.
    ``(4) A qualified person shall be subject to any nondisclosure 
requirement applicable to a person to whom an order is directed under 
this section in the same manner as such person.
    ``(5) In this subsection, the term `qualified person' means--
            ``(A) any person necessary to produce the tangible things 
        pursuant to an order under this section; or
            ``(B) an attorney to obtain legal advice with respect to an 
        order under this section.''.
    (d) Judicial Review.--
            (1) Petition review panel.--Section 103 of the Foreign 
        Intelligence Surveillance Act of 1978 (50 U.S.C. 1803) is 
        amended by adding at the end the following new subsection:
    ``(e)(1) Three judges designated under subsection (a) who reside 
within 20 miles of the District of Columbia, or if all of such judges 
are unavailable, other judges of the court established under subsection 
(a) as may be designated by the Presiding Judge of such court (who is 
designated by the Chief Justice of the United States from among the 
judges of the court), shall comprise a petition review panel which 
shall have jurisdiction to review petitions filed pursuant to section 
501(f)(1).
    ``(2) Not later than 60 days after the date of the enactment of the 
USA PATRIOT and Terrorism Prevention Reauthorization Act of 2005, the 
court established under subsection (a) shall develop and issue 
procedures for the review of petitions filed pursuant to section 
501(f)(1) by the panel established under paragraph (1). Such procedures 
shall provide that review of a petition shall be conducted ex parte and 
in camera and shall also provide for the designation of an Acting 
Presiding Judge.''.
            (2) Proceedings.--Section 501 of the Foreign Intelligence 
        Surveillance Act of 1978 (50 U.S.C. 1861) is further amended by 
        adding at the end the following new subsection:
    ``(f)(1) A person receiving an order to produce any tangible thing 
under this section may challenge the legality of that order by filing a 
petition in the panel established by section 103(e)(1). The Presiding 
Judge shall conduct an initial review of the petition. If the Presiding 
Judge determines that the petition is frivolous, the Presiding Judge 
shall immediately deny the petition and promptly provide a written 
statement of the reasons for the determination for the record. If the 
Presiding Judge determines that the petition is not frivolous, the 
Presiding Judge shall immediately assign the petition to one of the 
judges serving on such panel. The assigned judge shall promptly 
consider the petition in accordance with procedures developed and 
issued pursuant to section 103(e)(2). The judge considering the 
petition may modify or set aside the order only if the judge finds that 
the order does not meet the requirements of this section or is 
otherwise unlawful. If the judge does not modify or set aside the 
order, the judge shall immediately affirm the order and order the 
recipient to comply therewith. A petition for review of a decision to 
affirm, modify, or set aside an order by the United States or any 
person receiving such order shall be to the court of review established 
under section 103(b), which shall have jurisdiction to consider such 
petitions. The court of review shall immediately provide for the record 
a written statement of the reasons for its decision and, on petition of 
the United States or any person receiving such order for writ of 
certiorari, the record shall be transmitted under seal to the Supreme 
Court, which shall have jurisdiction to review such decision.
    ``(2) Judicial proceedings under this subsection shall be concluded 
as expeditiously as possible. The judge considering a petition filed 
under this subsection shall provide for the record a written statement 
of the reasons for the decision. The record of proceedings, including 
petitions filed, orders granted, and statements of reasons for 
decision, shall be maintained under security measures established by 
the Chief Justice of the United States in consultation with the 
Attorney General and the Director of National Intelligence.
    ``(3) All petitions under this subsection shall be filed under 
seal, and the court, upon the government's request, shall review any 
government submission, which may include classified information, as 
well as the government's application and related materials, ex parte 
and in camera.''.

SEC. 9. REPORT ON EMERGENCY DISCLOSURES UNDER SECTION 212 OF THE USA 
              PATRIOT ACT.

    Section 2702 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(d) Report.--On an annual basis, the Attorney General shall 
submit to the Committees on the Judiciary of the House and the Senate a 
report containing--
            ``(1) the number of accounts from which the Department of 
        Justice has received voluntary disclosures under subsection 
        (b)(8); and
            ``(2) a summary of the basis for disclosure in those 
        instances where--
                    ``(A) voluntary disclosure under subsection (b)(8) 
                was made to the Department of Justice; and
                    ``(B) the investigation pertaining to those 
                disclosures was closed without the filing of criminal 
                charges.''.

SEC. 10. SPECIFICITY AND NOTIFICATION FOR ROVING SURVEILLANCE AUTHORITY 
              UNDER SECTION 206 OF THE USA PATRIOT ACT.

    (a) Inclusion of Specific Facts in Application.--Section 
105(c)(2)(B) of the Foreign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1805(c)(2)(B)) is amended by striking ``where the Court finds'' 
and inserting ``where the Court finds, based upon specific facts 
provided in the application,''.
    (b) Notification of Surveillance of New Facility or Place.--Section 
105(c)(2) of such Act is amended--
            (1) in subparagraph (C), by striking ``and'' at the end;
            (2) in subparagraph (D), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following new subparagraph:
                    ``(E) that, in the case of electronic surveillance 
                directed at a facility or place that is not known at 
                the time the order is issued, the applicant shall 
                notify a judge having jurisdiction under section 103 
                within 10 days after electronic surveillance begins to 
                be directed at a new facility or place, and such notice 
                shall contain a statement of the facts and 
                circumstances relied upon by the applicant to justify 
                the belief that the facility or place at which the 
                electronic surveillance is or was directed is being 
                used, or is about to be used, by the target of 
                electronic surveillance.''.

SEC. 11. PROHIBITION ON PLANNING TERRORIST ATTACKS ON MASS 
              TRANSPORTATION.

    Section 1993(a) of title 18, United States Code, is amended--
            (1) by striking ``or'' at the end of paragraph (7);
            (2) by redesignating paragraph (8) as paragraph (9); and
            (3) by inserting after paragraph (7) the following:
            ``(8) surveils, photographs, videotapes, diagrams, or 
        otherwise collects information with the intent to plan or 
        assist in planning any of the acts described in the paragraphs 
        (1) through (7); or''.

SEC. 12. ENHANCED REVIEW OF DETENTIONS.

    Section 1001 of the USA PATRIOT ACT is amended by--
            (1) inserting ``(A)'' after ``(1)''; and
            (2) inserting after ``Department of Justice'' the 
        following: ``, and (B) review detentions of persons under 
        section 3144 of title 18, United States Code, including their 
        length, conditions of access to counsel, frequency of access to 
        counsel, offense at issue, and frequency of appearance before a 
        grand jury''.

SEC. 13. FORFEITURE.

    Section 981(a)(1)(B)(i) of title 18, United States Code, is amended 
by inserting ``trafficking in nuclear, chemical, biological, or 
radiological weapons technology or material, or'' after ``involves''.

SEC. 14. ADDING OFFENSES TO THE DEFINITION OF FEDERAL CRIME OF 
              TERRORISM.

    Section 2332b(g)(5)(B)(i) of title 18, United States Code, is 
amended--
            (1) by inserting ``, 2339D (relating to military-type 
        training from a foreign terrorist organization)'' before ``, or 
        2340A'' ; and
            (2) by inserting ``832 (relating to nuclear and weapons of 
        mass destruction threats),'' after ``831 (relating to nuclear 
        materials),''.

SEC. 15. AMENDMENTS TO SECTION 2516(1) OF TITLE 18, UNITED STATES CODE.

    (a) Paragraph (c) Amendment.--Section 2516(1)(c) of title 18, 
United States Code, is amended--
            (1) by inserting ``section 37 (relating to violence at 
        international airports), section 175b (relating to biological 
        agents or toxins)'' after ``the following sections of this 
        title:'';
            (2) by inserting ``section 832 (relating to nuclear and 
        weapons of mass destruction threats), section 842 (relating to 
        explosive materials), section 930 (relating to possession of 
        weapons in Federal facilities),'' after ``section 751 (relating 
        to escape),'';
            (3) by inserting ``section 1114 (relating to officers and 
        employees of the United States), section 1116 (relating to 
        protection of foreign officials), sections 1361-1363 (relating 
        to damage to government buildings and communications), section 
        1366 (relating to destruction of an energy facility),'' after 
        ``section 1014 (relating to loans and credit applications 
        generally; renewals and discounts),'';
            (4) by inserting ``section 1993 (relating to terrorist 
        attacks against mass transportation), sections 2155 and 2156 
        (relating to national-defense utilities), sections 2280 and 
        2281 (relating to violence against maritime navigation),'' 
        after ``section 1344 (relating to bank fraud),''; and
            (5) by inserting ``section 2340A (relating to torture),'' 
        after ``section 2321 (relating to trafficking in certain motor 
        vehicles or motor vehicle parts),''.
    (b) Paragraph (p) Amendment.--Section 2516(1)(p) is amended by 
inserting ``, section 1028A (relating to aggravated identity theft)'' 
after ``other documents''.
    (c) Paragraph (q) Amendment.--Section 2516(1)(q) of title 18, 
United States Code is amended--
            (1) by inserting ``2339,'' after ``2332h,''; and
            (2) by striking ``or 2339C'' and inserting ``2339C, or 
        2339D''.

SEC. 16. DEFINITION OF PERIOD OF REASONABLE DELAY UNDER SECTION 213 OF 
              THE USA PATRIOT ACT.

    Section 3103a(b)(3) of title 18, United States Code, is amended--
            (1) by striking ``of its'' and inserting ``, which shall 
        not be more than 180 days, after its''; and
            (2) by inserting ``for additional periods of not more than 
        90 days each'' after ``may thereafter be extended''.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``USA PATRIOT and Terrorism Prevention 
Reauthorization Act of 2005''.

SEC. 2. REFERENCES TO USA PATRIOT ACT.

    A reference in this Act to the USA PATRIOT ACT shall be deemed a 
reference to the Uniting and Strengthening America by Providing 
Appropriate Tools Required to Intercept and Obstruct Terrorism (USA 
PATRIOT ACT) Act of 2001.

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

    Section 224 of the USA PATRIOT ACT is repealed.

SEC. 4. EXTENSION OF SUNSET PROVISION RELATING TO INDIVIDUAL TERRORISTS 
              AS AGENTS OF FOREIGN POWERS.

    Subsection (b) of section 6001 of the Intelligence Reform and 
Terrorism Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3742) 
is amended to read as follows:
    ``(b) Sunset.--(1) Except as provided in paragraph (2), the 
amendment made by subsection (a) shall cease to have effect on December 
31, 2010.
    ``(2) With respect to any particular foreign intelligence 
investigation that began before the date on which the amendment made by 
subsection (a) ceases to have effect, such amendment shall continue in 
effect.''.

SEC. 5. REPEAL OF SUNSET PROVISION RELATING TO SECTION 2332B AND THE 
              MATERIAL SUPPORT SECTIONS OF TITLE 18, UNITED STATES 
              CODE.

    Section 6603 of the Intelligence Reform and Terrorism Prevention 
Act of 2004 (Public Law 108-458; 118 Stat. 3762) is amended by striking 
subsection (g).

SEC. 6. SHARING OF ELECTRONIC, WIRE, AND ORAL INTERCEPTION INFORMATION 
              UNDER SECTION 203(B) OF THE USA PATRIOT ACT.

    Section 2517(6) of title 18, United States Code, is amended by 
adding at the end the following: ``Within a reasonable time after a 
disclosure of the contents of a communication under this subsection, an 
attorney for the Government shall file, under seal, a notice with a 
judge whose order authorized or approved the interception of that 
communication, stating the fact that such contents were disclosed and 
the departments, agencies, or entities to which the disclosure was 
made.''.

SEC. 7. DURATION OF FISA SURVEILLANCE OF NON-UNITED STATES PERSONS 
              UNDER SECTION 207 OF THE USA PATRIOT ACT.

    (a) Electronic Surveillance.--Section 105(e) of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1805(e)), is amended--
            (1) in paragraph (1)(B), by striking ``, as defined in 
        section 101(b)(1)(A)'' and inserting ``who is not a United 
        States person''; and
            (2) in subsection (2)(B), by striking ``as defined in 
        section 101(b)(1)(A)'' and inserting ``who is not a United 
        States person''.
    (b) Physical Search.--Section 304(d) of such Act (50 U.S.C. 
1824(d)) is amended--
            (1) in paragraph (1)(B), by striking ``as defined in 
        section 101(b)(1)(A)'' and inserting ``who is not a United 
        States person''; and
            (2) in paragraph (2), by striking ``as defined in section 
        101(b)(1)(A)'' and inserting ``who is not a United States 
        person''.
    (c) Pen Registers, Trap and Trace Devices.--Section 402(e) of such 
Act (50 U.S.C. 1842(e)) is amended--
            (1) by striking ``(e) An'' and inserting ``(e)(1) Except as 
        provided in paragraph (2), an''; and
            (2) by adding at the end the following new paragraph:
    ``(2) In the case of an application under subsection (c) where the 
applicant has certified that the information likely to be obtained is 
foreign intelligence information not concerning a United States person, 
an order, or an extension of an order, under this section may be for a 
period not to exceed one year.''.

SEC. 8. ACCESS TO CERTAIN BUSINESS RECORDS UNDER SECTION 501 OF FISA 
              UNDER SECTION 215 OF THE USA PATRIOT ACT.

    (a) Establishment of Relevance Standard.--Subsection (b)(2) of 
section 501 of the Foreign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1861), is amended by striking ``to obtain'' and all that follows 
and inserting ``and that the information likely to be obtained from the 
tangible things is reasonably expected to be (A) foreign intelligence 
information not concerning a United States person, or (B) relevant to 
an ongoing investigation to protect against international terrorism or 
clandestine intelligence activities.''.
    (b) Clarification of Judicial Discretion.--Subsection (c)(1) of 
such section is amended to read as follows:
    ``(c)(1) Upon an application made pursuant to this section, if the 
judge finds that the application meets the requirements of subsections 
(a) and (b), the judge shall enter an ex parte order as requested, or 
as modified, approving the release of records.''.
    (c) Authority to Disclose to Attorney.--Subsection (d) of such 
section is amended to read as follows:
    ``(d)(1) No person shall disclose to any person (other than a 
qualified person) that the United States has sought or obtained 
tangible things under this section.
    ``(2) An order under this section shall notify the person to whom 
the order is directed of the nondisclosure requirement under paragraph 
(1).
    ``(3) Any person to whom an order is directed under this section 
who discloses that the United States has sought to obtain tangible 
things under this section to a qualified person in response to the 
order shall inform such qualified person of the nondisclosure 
requirement under paragraph (1) and that such qualified person is also 
subject to such nondisclosure requirement.
    ``(4) A qualified person shall be subject to any nondisclosure 
requirement applicable to a person to whom an order is directed under 
this section in the same manner as such person.
    ``(5) In this subsection, the term `qualified person' means--
            ``(A) any person necessary to produce the tangible things 
        pursuant to an order under this section; or
            ``(B) an attorney to obtain legal advice in response to an 
        order under this section.''.
    (d) Judicial Review.--
            (1) Petition review panel.--Section 103 of the Foreign 
        Intelligence Surveillance Act of 1978 (50 U.S.C. 1803) is 
        amended by adding at the end the following new subsection:
    ``(e)(1) Three judges designated under subsection (a) who reside 
within 20 miles of the District of Columbia, or if all of such judges 
are unavailable, other judges of the court established under subsection 
(a) as may be designated by the Presiding Judge of such court (who is 
designated by the Chief Justice of the United States from among the 
judges of the court), shall comprise a petition review panel which 
shall have jurisdiction to review petitions filed pursuant to section 
501(f)(1).
    ``(2) Not later than 60 days after the date of the enactment of the 
USA PATRIOT and Terrorism Prevention Reauthorization Act of 2005, the 
court established under subsection (a) shall develop and issue 
procedures for the review of petitions filed pursuant to section 
501(f)(1) by the panel established under paragraph (1). Such procedures 
shall provide that review of a petition shall be conducted ex parte and 
in camera and shall also provide for the designation of an Acting 
Presiding Judge.''.
            (2) Proceedings.--Section 501 of the Foreign Intelligence 
        Surveillance Act of 1978 (50 U.S.C. 1861) is further amended by 
        adding at the end the following new subsection:
    ``(f)(1) A person receiving an order to produce any tangible thing 
under this section may challenge the legality of that order by filing a 
petition in the panel established by section 103(e)(1). The Presiding 
Judge shall conduct an initial review of the petition. If the Presiding 
Judge determines that the petition is frivolous, the Presiding Judge 
shall immediately deny the petition and promptly provide a written 
statement of the reasons for the determination for the record. If the 
Presiding Judge determines that the petition is not frivolous, the 
Presiding Judge shall immediately assign the petition to one of the 
judges serving on such panel. The assigned judge shall promptly 
consider the petition in accordance with procedures developed and 
issued pursuant to section 103(e)(2). The judge considering the 
petition may modify or set aside the order only if the judge finds that 
the order does not meet the requirements of this section or is 
otherwise unlawful. If the judge does not modify or set aside the 
order, the judge shall immediately affirm the order and order the 
recipient to comply therewith. A petition for review of a decision to 
affirm, modify, or set aside an order by the United States or any 
person receiving such order shall be to the court of review established 
under section 103(b), which shall have jurisdiction to consider such 
petitions. The court of review shall immediately provide for the record 
a written statement of the reasons for its decision and, on petition of 
the United States or any person receiving such order for writ of 
certiorari, the record shall be transmitted under seal to the Supreme 
Court, which shall have jurisdiction to review such decision.
    ``(2) Judicial proceedings under this subsection shall be concluded 
as expeditiously as possible. The judge considering a petition filed 
under this subsection shall provide for the record a written statement 
of the reasons for the decision. The record of proceedings, including 
petitions filed, orders granted, and statements of reasons for 
decision, shall be maintained under security measures established by 
the Chief Justice of the United States in consultation with the 
Attorney General and the Director of National Intelligence.
    ``(3) All petitions under this subsection shall be filed under 
seal, and the court, upon the government's request, shall review any 
government submission, which may include classified information, as 
well as the government's application and related materials, ex parte 
and in camera.''.

SEC. 9. MODIFICATION OF SURVEILLANCE AUTHORITY UNDER THE FOREIGN 
              INTELLIGENCE SURVEILLANCE ACT OF 1978.

    Subsection (c)(2) of section 105 of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1805) is amended--
            (1) by striking ``and'' at the end of subparagraph (C);
            (2) by striking the period at the end of subparagraph (D) 
        and inserting ``; and''; and
            (3) by adding at the end the following new subparagraph:
                    ``(E) that, in cases where the facility or place at 
                which surveillance will be directed is not known at the 
                time the order is issued, the applicant shall notify a 
                judge having jurisdiction under section 103 within a 
                reasonable period of time, as determined by the court, 
                after surveillance begins to be directed at a new 
                facility or place, and that such notice shall contain a 
                statement of the facts and circumstances relied upon by 
                the applicant to justify the belief that the facility 
                or place at which the electronic surveillance was 
                directed is being used, or is about to be used, by the 
                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 Intelligence with an 
 amendment, committed to the Committee of the Whole House on the State 
                of the Union, and ordered to be printed
```