I 

109TH CONGRESS 

1ST SESSION H. R. 3199 

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 

A BILL 

To extend and modify authorities needed to combat 

terrorism, and for other purposes. 

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 
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1 to Intercept and Obstruct Terrorism (USA PATRIOT 

2 ACT) Act of 2001. 

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

4 Section 224 of the USA PATRIOT ACT is repealed. 

5 SEC. 4. REPEAL OF SUNSET PROVISION RELATING TO INDI6 VIDUAL TERRORISTS AS AGENTS OF FOR7 EIGN POWERS. 

8 Section 6001 of the Intelligence Reform and Ter9 rorism Prevention Act of 2004 (Public Law 108–458; 118 

10 Stat. 3742) is amended by— 

11 (1) striking subsection (b); and 

12 (2) striking ‘‘(a)’’ and all that follows through 

13 ‘‘Section’’ and inserting ‘‘Section’’. 

14 SEC. 5. REPEAL OF SUNSET PROVISION RELATING TO SEC15 TION 2332B AND THE MATERIAL SUPPORT 

16 SECTIONS OF TITLE 18, UNITED STATES 

17 CODE. 

18 Section 6603 of the Intelligence Reform and Ter19 rorism Prevention Act of 2004 (Public Law 108–458; 118 

20 Stat. 3762) is amended by striking subsection (g). 

21 SEC. 6. SHARING OF ELECTRONIC, WIRE, AND ORAL INTER22 CEPTION INFORMATION UNDER SECTION 

23 203(B) OF THE USA PATRIOT ACT. 

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

25 amended by adding at the end the following: ‘‘Within a 
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1 reasonable time after a disclosure of the contents of a 

2 communication under this subsection, an attorney for the 

3 Government shall file, under seal, a notice with a judge 

4 whose order authorized or approved the interception of 

5 that communication, stating the fact that such contents 

6 were disclosed and the departments, agencies, or entities 

7 to which the disclosure was made.’’. 

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

9 STATES PERSONS UNDER SECTION 207 OF 

10 THE USA PATRIOT ACT. 

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

12 the Foreign Intelligence Surveillance Act (50 U.S.C. 

13 1805(e)), is amended— 

14 (1) in paragraph (1)(B), by striking ‘‘, as de15 fined in section 101(b)(1)(A)’’ and inserting ‘‘who is 

16 not a United States person’’; and 

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

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

19 a United States person’’. 

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

21 (50 U.S.C. 1824(d)) is amended— 

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

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

24 a United States person’’; and 
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1 (2) in paragraph (2), by striking ‘‘as defined in 

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

3 United States person’’. 

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

5 Section 402(e) of such Act (50 U.S.C. 1842(e)) is amend6 ed— 

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

8 Except as provided in paragraph (2), an’’; and 

9 (2) by adding at the end the following new 

10 paragraph: 

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

12 (c) where the applicant has certified that the information 

13 likely to be obtained is foreign intelligence information not 

14 concerning a United States person, an order, or an exten15 sion of an order, under this section may be for a period 

16 not to exceed one year.’’. 

17 SEC. 8. ACCESS TO CERTAIN BUSINESS RECORDS UNDER 

18 SECTION 501 OF FISA UNDER SECTION 215 OF 

19 THE USA PATRIOT ACT. 

20 (a) ESTABLISHMENT OF RELEVANCE STANDARD.— 

21 Subsection (b)(2) of section 501 of the Foreign Intel22 ligence Surveillance Act of 1978 (50 U.S.C. 1861), is 

23 amended by striking ‘‘to obtain’’ and all that follows and 

24 inserting ‘‘and that the information likely to be obtained 

25 from the tangible things is reasonably expected to be (A) 
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1 foreign intelligence information not concerning a United 

2 States person, or (B) relevant to an ongoing investigation 

3 to protect against international terrorism or clandestine 

4 intelligence activities.’’. 

5 (b) CLARIFICATION OF JUDICIAL DISCRETION.— 

6 Subsection (c)(1) of such section is amended to read as 

7 follows: 

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

9 section, if the judge finds that the application meets the 

10 requirements of subsections (a) and (b), the judge shall 

11 enter an ex parte order as requested, or as modified, ap12 proving the release of records.’’. 

13 (c) AUTHORITY TO DISCLOSE TO ATTORNEY.—Sub14 section (d) of such section is amended to read as follows: 

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

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

17 or obtained tangible things under this section. 

18 ‘‘(2) An order under this section shall notify the per19 son to whom the order is directed of the nondisclosure re20 quirement under paragraph (1). 

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

22 this section who discloses that the United States has 

23 sought to obtain tangible things under this section to a 

24 qualified person in response to the order shall inform such 

25 qualified person of the nondisclosure requirement under 
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1 paragraph (1) and that such qualified person is also sub2 ject to such nondisclosure requirement. 

3 ‘‘(4) A qualified person shall be subject to any non4 disclosure requirement applicable to a person to whom an 

5 order is directed under this section in the same manner 

6 as such person. 

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

8 means— 

9 ‘‘(A) any person necessary to produce the tan10 gible things pursuant to an order under this section; 

11 or 

12 ‘‘(B) an attorney to obtain legal advice in re13 sponse to an order under this section.’’. 

14 (d) JUDICIAL REVIEW.— 

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

16 the Foreign Intelligence Surveillance Act of 1978 

17 (50 U.S.C. 1803) is amended by adding at the end 

18 the following new subsection: 

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

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

21 or if all of such judges are unavailable, other judges of 

22 the court established under subsection (a) as may be des23 ignated by the Presiding Judge of such court (who is des24 ignated by the Chief Justice of the United States from 

25 among the judges of the court), shall comprise a petition 
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1 review panel 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 of the en4 actment of the USA PATRIOT and Terrorism Prevention 

5 Reauthorization Act of 2005, the court established under 

6 subsection (a) shall develop and issue procedures for the 

7 review of petitions filed pursuant to section 501(f)(1) by 

8 the panel established under paragraph (1). Such proce9 dures shall provide that review of a petition shall be con10 ducted ex parte and in camera and shall also provide for 

11 the designation of an Acting Presiding Judge.’’. 

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

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

14 1861) is further amended by adding at the end the 

15 following new subsection: 

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

17 tangible thing under this section may challenge the legal18 ity of that order by filing a petition in the panel estab19 lished by section 103(e)(1). The Presiding Judge shall 

20 conduct an initial review of the petition. If the Presiding 

21 Judge determines that the petition is frivolous, the Pre22 siding Judge shall immediately deny the petition and 

23 promptly provide a written statement of the reasons for 

24 the determination for the record. If the Presiding Judge 

25 determines that the petition is not frivolous, the Presiding 
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1 Judge shall immediately assign the petition to one of the 

2 judges serving on such panel. The assigned judge shall 

3 promptly consider the petition in accordance with proce4 dures developed and issued pursuant to section 103(e)(2). 

5 The judge considering the petition may modify or set aside 

6 the order only if the judge finds that the order does not 

7 meet the requirements of this section or is otherwise un8 lawful. If the judge does not modify or set aside the order, 

9 the judge shall immediately affirm the order and order the 

10 recipient to comply therewith. A petition for review of a 

11 decision to affirm, modify, or set aside an order by the 

12 United States or any person receiving such order shall be 

13 to the court of review established under section 103(b), 

14 which shall have jurisdiction to consider such petitions. 

15 The court of review shall immediately provide for the 

16 record a written statement of the reasons for its decision 

17 and, on petition of the United States or any person receiv18 ing such order for writ of certiorari, the record shall be 

19 transmitted under seal to the Supreme Court, which shall 

20 have jurisdiction to review such decision. 

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

22 be concluded as expeditiously as possible. The judge con23 sidering a petition filed under this subsection shall provide 

24 for the record a written statement of the reasons for the 

25 decision. The record of proceedings, including petitions 
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1 filed, orders granted, and statements of reasons for deci2 sion, shall be maintained under security measures estab3 lished by the Chief Justice of the United States in con4 sultation with the Attorney General and the Director of 

5 National Intelligence. 

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

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

8 shall review any government submission, which may in9 clude classified information, as well as the government’s 

10 application and related materials, ex parte and in cam11 era.’’. 

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