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 deter-
mined 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. 
Be it enacted by the Senate and House of Representa-
tives 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 Strength-
ening 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Section 224 of the USA PATRIOT ACT is repealed.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. REPEAL OF SUNSET PROVISION RELATING TO INDI-
VIDUAL TERRORISTS AS AGENTS OF FOR-
EIGN POWERS. 
Section 6001 of the Intelligence Reform and Ter-
rorism 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 SEC-
TION 2332B AND THE MATERIAL SUPPORT 
SECTIONS OF TITLE 18, UNITED STATES 
CODE. 
Section 6603 of the Intelligence Reform and Ter-
rorism 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 INTER-
CEPTION 
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 (50 U.S.C. 
1805(e)), is amended— 
(1) in paragraph (1)(B), by striking ‘‘, as de-
fined 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 amend-
ed— 
(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 exten-
sion 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 Intel-
ligence 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, ap-
proving the release of records.’’. 
(c) AUTHORITY TO DISCLOSE TO ATTORNEY.—Sub-
section (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 per-
son to whom the order is directed of the nondisclosure re-
quirement 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 sub-
ject to such nondisclosure requirement. 
‘‘(4) A qualified person shall be subject to any non-
disclosure 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 tan-
gible things pursuant to an order under this section; 
or 
‘‘(B) an attorney to obtain legal advice in re-
sponse 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 des-
ignated by the Presiding Judge of such court (who is des-
ignated 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 peti-
tions filed pursuant to section 501(f)(1). 
‘‘(2) Not later than 60 days after the date of the en-
actment 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 proce-
dures shall provide that review of a petition shall be con-
ducted 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 legal-
ity of that order by filing a petition in the panel estab-
lished 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 Pre-
siding 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 proce-
dures 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 un-
lawful. 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 receiv-
ing 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 con-
sidering 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 deci-
sion, shall be maintained under security measures estab-
lished by the Chief Justice of the United States in con-
sultation 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 in-
clude classified information, as well as the government’s 
application and related materials, ex parte and in cam-
era.’’. 
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