Presiding Judge determines that the petition 
is frivolous, the Presiding Judge shall imme-
diately deny the petition and promptly pro-
vide a written statement of the reasons for the 
determination for the record. If the Presiding 
Judge determines that the petition is not friv-
olous, the Presiding Judge shall immediately 
assign the petition to one of the judges serv-
ing on such panel. The assigned judge shall 
promptly consider the petition in accordance 
with procedures developed and issued pursu-
ant 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 con-
sider 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 sub-
section 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 estab-
lished by the Chief Justice of the United 
States in consultation with the Attorney Gen-
eral 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 govern-
ment’s application and related materials, ex 
parte and in camera.’’. 
SEC. 9. MODIFICATION OF SURVEILLANCE AUTHORITY 
UNDER THE FOREIGN INTELLIGENCE SUR-
VEILLANCE ACT OF 1978. 
Subsection (c)(2) of section 105 of the For-
eign 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 facil-
ity 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 jurisdic-
tion under section 103 within a rea-
sonable 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 con-
tain a statement of the facts and cir-
cumstances relied upon by the appli-
cant to justify the belief that the facil-
ity 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 Intel-
ligence with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed