IB 
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 deter-
mined 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 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. USA PATRIOT ACT SUNSET PROVISIONS. 
(a) IN GENERAL.—Section 224 of the USA PATRIOT 
ACT is repealed. 
(b) SECTIONS 206 AND 215 SUNSET.—Effective De-
cember 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 INDI-
VIDUAL 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 SEC-
TION 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 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 rea-
sonable time after a disclosure of the contents of a commu-
nication under this subsection, an attorney for the Govern-
ment shall file, under seal, a notice with a judge whose order 
authorized or approved the interception of that communica-
tion, 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 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 para-
graph: 
‘‘(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 con-
cerning 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 activi-
ties.’’. 
(b) CLARIFICATION OF JUDICIAL DISCRETION.—Sub-
section (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 re-
quirements 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.—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 person 
to whom the order is directed of the nondisclosure require-
ment 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 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 with re-
spect 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 fol-
lowing 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 pur-
suant to section 501(f)(1). 
‘‘(2) Not later than 60 days after the date of the enact-
ment of the USA PATRIOT and Terrorism Prevention Re-
authorization Act of 2005, the court established under sub-
section (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 pro-
vide 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 deter-
mines 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 peti-
tion 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 peti-
tion in accordance with procedures developed and issued 
pursuant to section 103(e)(2). The judge considering the pe-
tition 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 mod-
ify 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 pro-
vide 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 consid-
ering a petition filed under this subsection shall provide 
for the record a written statement of the reasons for the deci-
sion. 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 in-
clude classified information, as well as the government’s ap-
plication 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 amend-
ed by adding at the end the following: 
‘‘(d) REPORT.—On an annual basis, the Attorney Gen-
eral 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 De-
partment 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 crimi-
nal charges.’’. 
SEC. 10. SPECIFICITY AND NOTIFICATION FOR ROVING SUR-
VEILLANCE 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 Surveil-
lance 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 appli-
cation,’’. 
(b) NOTIFICATION OF SURVEILLANCE OF NEW FACIL-
ITY OR PLACE.—Section 105(c)(2) of such Act is amend-
ed— 
(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 sub-
paragraph: 
‘‘(E) that, in the case of electronic surveil-
lance directed at a facility or place that is not 
known at the time the order is issued, the appli-
cant shall notify a judge having jurisdiction 
under section 103 within 10 days after electronic 
surveillance begins to be directed at a new facil-
ity 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 sur-
veillance is or was directed is being used, or is 
about to be used, by the target of electronic sur-
veillance.’’.
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 para-
graph (9); and 
(3) by inserting after paragraph (7) the fol-
lowing: 
‘‘(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, in-
cluding 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 FED-
ERAL 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 (re-
lating 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 sec-
tions 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 offi-
cers and employees of the United States), section 1116 
(relating to protection of foreign officials), sections 
1361–1363 (relating to damage to government build-
ings and communications), section 1366 (relating to 
destruction of an energy facility),’’ after ‘‘section 
1014 (relating to loans and credit applications gen-
erally; renewals and discounts),’’; 
(4) by inserting ‘‘section 1993 (relating to ter-
rorist 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 tor-
ture),’’ 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 aggra-
vated 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 ex-
tended’’. 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘USA PA-
TRIOT and Terrorism Prevention Reauthor-
ization Act of 2005’’. 
SEC. 2. REFERENCES TO USA PATRIOT ACT. 
A reference in this Act to the USA PA-
TRIOT ACT shall be deemed a reference to 
the Uniting and Strengthening America by 
Providing Appropriate Tools Required to 
Intercept and Obstruct Terrorism (USA PA-
TRIOT 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 Intel-
ligence 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 sub-
section (a) shall cease to have effect on De-
cember 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 SEC-
TION 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 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 fol-
lowing: ‘‘Within a reasonable time after a dis-
closure 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 ap-
proved the interception of that communica-
tion, 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 in-
serting ‘‘who is not a United States per-
son’’; and 
(2) in subsection (2)(B), by striking 
‘‘as defined in section 101(b)(1)(A)’’ and