HR 3199 RDS 
SEC. 106. 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
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(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. 107. 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 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
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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 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—
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‘‘(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 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-
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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,
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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-
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clude classified information, as well as the government’s 
application and related materials, ex parte and in cam-
era.’’. 
(e) FBI DIRECTOR REQUIRED TO APPLY FOR ORDER 
OF PRODUCTION OF RECORDS FROM LIBRARY OR BOOK-
STORE.—Section 501(a) of the Foreign Intelligence Sur-
veillance Act of 1978 (50 U.S.C. 1861(a)) is amended—
(1) in paragraph (1), by striking ‘‘The Direc-
tor’’ and inserting ‘‘Subject to paragraph (3), the 
Director’’; and 
(2) by adding at the end the following new 
paragraph: 
‘‘(3) In the case of an application for an order requir-
ing the production of tangible things described in para-
graph (1) from a library or bookstore, the Director of the 
Federal Bureau of Investigation shall not delegate the au-
thority to make such application to a designee.’’. 
SEC. 108. REPORT ON EMERGENCY DISCLOSURES UNDER 
SECTION 212 OF THE USA PATRIOT ACT. 
Section 2702 of title 18, United States Code, is 
amended by adding at the end the following: 
‘‘(d) REPORT.—On an annual basis, the Attorney 
General shall submit to the Committees on the Judiciary 
of the House and the Senate a report containing—
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‘‘(1) the number of accounts from which the 
Department of Justice has received voluntary disclo-
sures 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 
criminal charges.’’. 
SEC. 109. SPECIFICITY AND NOTIFICATION FOR ROVING 
SURVEILLANCE AUTHORITY UNDER SECTION 
206 OF THE USA PATRIOT ACT. 
(a) INCLUSION
OF SPECIFIC FACTS
IN APPLICA-
TION.—Section 105(c)(2)(B) of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1805(c)(2)(B)) is 
amended by striking ‘‘where the Court finds’’ and insert-
ing ‘‘where the Court finds, based upon specific facts pro-
vided in the application,’’. 
(b) NOTIFICATION OF SURVEILLANCE OF NEW FA-
CILITY
OR PLACE.—Section 105(c)(2) of such Act is 
amended—
(1) in subparagraph (C), by striking ‘‘and’’ at 
the end;
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(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 at the earliest reasonable 
time as determined by the court, but in no case 
later than 15 days, after electronic surveillance 
begins to be directed at a new facility or place, 
and such notice shall contain a statement of the 
facts and circumstances relied upon by the ap-
plicant to justify the belief that the facility or 
place at which the electronic surveillance is or 
was directed is being used, or is about to be 
used, by the target of electronic surveillance 
and shall specify the total number of electronic 
surveillances that have been or are being con-
ducted under the authority of the order.’’. 
SEC. 110. PROHIBITION ON PLANNING TERRORIST AT-
TACKS ON MASS TRANSPORTATION. 
Section 1993(a) of title 18, United States Code, is 
amended—
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(1) by striking ‘‘or’’ at the 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, dia-
grams, or otherwise collects information with the in-
tent to plan or assist in planning any of the acts de-
scribed in the paragraphs (1) through (7); or’’. 
SEC. 111. 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. 112. 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 
(relating to nuclear materials),’’.
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SEC. 113. 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 nu-
clear and weapons of mass destruction threats), sec-
tion 842 (relating to explosive materials), section 
930 (relating to possession of weapons in Federal fa-
cilities),’’ 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), sec-
tions 1361–1363 (relating to damage to government 
buildings and communications), section 1366 (relat-
ing to destruction of an energy facility), ’’ after 
‘‘section 1014 (relating to loans and credit applica-
tions generally; renewals and discounts),’’; 
(4) by inserting ‘‘section 1993 (relating to ter-
rorist attacks against mass transportation), sections 
2155 and 2156 (relating to national-defense utili-
ties), sections 2280 and 2281 (relating to violence