inserting ‘‘who is not a United States per-
son’’. 
(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 per-
son’’; and 
(2) in paragraph (2), by striking ‘‘as 
defined in section 101(b)(1)(A)’’ and in-
serting ‘‘who is not a United States per-
son’’. 
(c) PEN REGISTERS, TRAP AND TRACE DE-
VICES.—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 cer-
tified that the information likely to be ob-
tained 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 STAND-
ARD.—Subsection (b)(2) of section 501 of the 
Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1861), is amended by striking ‘‘to ob-
tain’’ and all that follows and inserting ‘‘and 
that the information likely to be obtained 
from the tangible things is reasonably ex-
pected to be (A) foreign intelligence informa-
tion 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
DISCRE-
TION.—Subsection (c)(1) of such section is 
amended to read as follows: 
‘‘(c)(1) Upon an application made pursu-
ant to this section, if the judge finds that the 
application meets the requirements of sub-
sections (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 per-
son (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 no-
tify the person to whom the order is directed 
of the nondisclosure requirement under para-
graph (1). 
‘‘(3) Any person to whom an order is di-
rected under this section who discloses that 
the United States has sought to obtain tan-
gible things under this section to a qualified 
person in response to the order shall inform 
such qualified person of the nondisclosure re-
quirement under paragraph (1) and that such 
qualified person is also subject to such non-
disclosure 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 per-
son. 
‘‘(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 ad-
vice in response to an order under this 
section.’’. 
(d) JUDICIAL REVIEW.— 
(1) PETITION
REVIEW
PANEL.—Section 
103 of the Foreign Intelligence Surveil-
lance Act of 1978 (50 U.S.C. 1803) is 
amended by adding at the end the fol-
lowing new subsection: 
‘‘(e)(1) Three judges designated under sub-
section (a) who reside within 20 miles of the 
District of Columbia, or if all of such judges 
are unavailable, other judges of the court es-
tablished under subsection (a) as may be des-
ignated 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 peti-
tions 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 para-
graph (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 fil-
ing a petition in the panel established by sec-
tion 103(e)(1). The Presiding Judge shall con-
duct an initial review of the petition. If the