[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3199 Introduced in House (IH)]






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 
   determined 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 Representatives 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 Strengthening 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    Section 224 of the USA PATRIOT ACT is repealed.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 INDIVIDUAL 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 SECTION 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 INTERCEPTION 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 defined 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 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 certified that the information likely to be obtained 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 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 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, 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 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 requirement 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 
subject to such nondisclosure 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 person.
    ``(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 advice in response 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 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 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 paragraph (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 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 determines 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 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 procedures 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 unlawful. 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 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 considering 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 
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 include classified information, as 
well as the government's application and related materials, ex parte 
and in camera.''.
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