In the Senate of the United States,
July 29, 2005.
Resolved, That the bill from the House of Representa-
tives (H.R. 3199) entitled ‘‘An Act to extend and modify au-
thorities needed to combat terrorism, and for other pur-
poses.’’, do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
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HR 3199 EAS
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘USA PATRIOT Improvement and Reauthorization Act of
2005’’.
(b) TABLE OF CONTENTS.—The table of contents of this
Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Patriot section 206; additional requirements for multipoint electronic sur-
veillance under FISA.
Sec. 3. Patriot section 207; duration of FISA surveillance of non-United States
persons.
Sec. 4. Patriot section 212; enhanced oversight of good-faith emergency disclo-
sures.
Sec. 5. Patriot section 213; limitations on delayed notice search warrants.
Sec. 6. Patriot section 214; authority for disclosure of additional information in
connection with orders for pen register and trap and trace au-
thority under FISA.
Sec. 7. Patriot section 215; procedural protections for court orders to produce
records and other items in intelligence investigations.
Sec. 8. Patriot section 505; procedural protections for national security letters.
Sec. 9. Sunset provisions.
Sec. 10. Enhancement of sunshine provisions.
SEC. 2. PATRIOT SECTION 206; ADDITIONAL REQUIRE-
MENTS FOR MULTIPOINT ELECTRONIC SUR-
VEILLANCE UNDER FISA.
(a) 
PARTICULARITY
REQUIREMENT.—Section
105(c)(1)(A) of the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. 1805(c)(1)(A)) is amended by inserting be-
fore the semicolon at the end the following: ‘‘, and if the
nature and location of each of the facilities or places at
which the surveillance will be directed is not known, and
if the identity of the target is not known, the order shall
include sufficient information to describe a specific target
with particularity’’.
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(b) ADDITIONAL DIRECTIONS.—Section 105(c) of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1805(c)) is amended—
(1) by striking ‘‘An order approving an elec-
tronic surveillance under this section shall—’’;
(2) in paragraph (1), by inserting before ‘‘speci-
fy’’ the following: ‘‘SPECIFICATIONS.—An order ap-
proving an electronic surveillance under this section
shall’’;
(3) in paragraph (1)(F), by striking ‘‘; and’’ and
inserting a period;
(4) in paragraph (2), by inserting before ‘‘di-
rect’’ the following: ‘‘DIRECTIONS.—An order approv-
ing an electronic surveillance under this section
shall’’; and
(5) by adding at the end the following:
‘‘(3) SPECIAL
DIRECTIONS
FOR
CERTAIN
OR-
DERS.—An order approving an electronic surveillance
under this section in circumstances where the nature
and location of each of the facilities or places at
which the surveillance will be directed is unknown
shall direct the applicant to provide notice to the
court within 10 days after the date on which surveil-
lance begins to be directed at any new facility or
place of—
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HR 3199 EAS
‘‘(A) the nature and location of each facility
or place at which the electronic surveillance is
directed;
‘‘(B) the facts and circumstances relied
upon by the applicant to justify the applicant’s
belief that each facility or place at which the
electronic surveillance is directed is being used,
or is about to be used, by the target of the sur-
veillance; and
‘‘(C) a statement of any proposed mini-
mization procedures that differ from those con-
tained in the original application or order, that
may be necessitated by a change in the facility
or place at which the electronic surveillance is
directed.’’.
(c) ENHANCED OVERSIGHT.—
(1) REPORT TO CONGRESS.—Section 108(a)(1) of
the Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. 1808(a)(1)) is amended by inserting ‘‘, and
the Committee on the Judiciary of the House of Rep-
resentatives and the Committee on the Judiciary of
the Senate,’’ after ‘‘Senate Select Committee on Intel-
ligence’’.
(2) MODIFICATION OF SEMIANNUAL REPORT RE-
QUIREMENT ON ACTIVITIES UNDER FOREIGN INTEL-
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LIGENCE SURVEILLANCE ACT OF 1978.—Paragraph (2)
of section 108(a) of the Foreign Intelligence Surveil-
lance Act of 1978 (50 U.S.C. 1808(a)) is amended to
read as follows:
‘‘(2) Each report under the first sentence of
paragraph (1) shall include a description of—
‘‘(A) the total number of applications made
for orders and extensions of orders approving
electronic surveillance under this title where the
nature and location of each facility or place at
which the electronic surveillance will be directed
is not known; and
‘‘(B) Each criminal case in which informa-
tion acquired under this Act has been authorized
for use at trial during the period covered by such
report.’’.
SEC. 3. PATRIOT SECTION 207; DURATION OF FISA SURVEIL-
LANCE OF NON-UNITED STATES PERSONS.
(a) ELECTRONIC SURVEILLANCE ORDERS.—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