[109th Congress Public Law 177]
[From the U.S. Government Printing Office]
[DOCID: f:publ177.109]
[[Page 191]]
USA PATRIOT IMPROVEMENT AND REAUTHORIZATION ACT OF 2005
[[Page 120 STAT. 192]]
Public Law 109-177
109th Congress
An Act
To extend and modify authorities needed to combat terrorism, and for
other purposes. <<NOTE: Mar. 9, 2006 - [H.R. 3199]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: USA PATRIOT
Improvement and Reauthorization Act of 2005.>>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) <<NOTE: 18 USC 1801 note.>> 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 for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--USA PATRIOT IMPROVEMENT AND REAUTHORIZATION ACT
Sec. 101. References to, and modification of short title for, USA
PATRIOT Act.
Sec. 102. USA PATRIOT Act sunset provisions.
Sec. 103. Extension of sunset relating to individual terrorists as
agents of foreign powers.
Sec. 104. Section 2332b and the material support sections of title 18,
United States Code.
Sec. 105. Duration of FISA surveillance of non-United States persons
under section 207 of the USA PATRIOT Act.
Sec. 106. Access to certain business records under section 215 of the
USA PATRIOT Act.
Sec. 106A. Audit on access to certain business records for foreign
intelligence purposes.
Sec. 107. Enhanced oversight of good-faith emergency disclosures under
section 212 of the USA PATRIOT Act.
Sec. 108. Multipoint electronic surveillance under section 206 of the
USA PATRIOT Act.
Sec. 109. Enhanced congressional oversight.
Sec. 110. Attacks against railroad carriers and mass transportation
systems.
Sec. 111. Forfeiture.
Sec. 112. Section 2332b(g)(5)(B) amendments relating to the definition
of Federal crime of terrorism.
Sec. 113. Amendments to section 2516(1) of title 18, United States Code.
Sec. 114. Delayed notice search warrants.
Sec. 115. Judicial review of national security letters.
Sec. 116. Confidentiality of national security letters.
Sec. 117. Violations of nondisclosure provisions of national security
letters.
Sec. 118. Reports on national security letters.
Sec. 119. Audit of use of national security letters.
Sec. 120. Definition for forfeiture provisions under section 806 of the
USA PATRIOT Act.
Sec. 121. Penal provisions regarding trafficking in contraband
cigarettes or smokeless tobacco.
Sec. 122. Prohibition of narco-terrorism.
Sec. 123. Interfering with the operation of an aircraft.
Sec. 124. Sense of Congress relating to lawful political activity.
Sec. 125. Removal of civil liability barriers that discourage the
donation of fire equipment to volunteer fire companies.
Sec. 126. Report on data-mining activities.
Sec. 127. Sense of Congress.
Sec. 128. USA PATRIOT Act section 214; authority for disclosure of
additional information in connection with orders for pen
register and trap and trace authority under FISA.
[[Page 120 STAT. 193]]
TITLE II--TERRORIST DEATH PENALTY ENHANCEMENT
Sec. 201. Short title.
Subtitle A--Terrorist penalties enhancement Act
Sec. 211. Death penalty procedures for certain air piracy cases
occurring before enactment of the Federal Death Penalty Act
of 1994.
Sec. 212. Postrelease supervision of terrorists.
Subtitle B--Federal Death Penalty Procedures
Sec. 221. Elimination of procedures applicable only to certain
Controlled Substances Act cases.
Sec. 222. Counsel for financially unable defendants.
TITLE III--REDUCING CRIME AND TERRORISM AT AMERICA'S SEAPORTS
Sec. 301. Short title.
Sec. 302. Entry by false pretenses to any seaport.
Sec. 303. Criminal sanctions for failure to heave to, obstruction of
boarding, or providing false information.
Sec. 304. Criminal sanctions for violence against maritime navigation,
placement of destructive devices.
Sec. 305. Transportation of dangerous materials and terrorists.
Sec. 306. Destruction of, or interference with, vessels or maritime
facilities.
Sec. 307. Theft of interstate or foreign shipments or vessels.
Sec. 308. Stowaways on vessels or aircraft.
Sec. 309. Bribery affecting port security.
Sec. 310. Penalties for smuggling goods into the United States.
Sec. 311. Smuggling goods from the United States.
TITLE IV--COMBATING TERRORISM FINANCING
Sec. 401. Short title.
Sec. 402. Increased penalties for terrorism financing.
Sec. 403. Terrorism-related specified activities for money laundering.
Sec. 404. Assets of persons committing terrorist acts against foreign
countries or international organizations.
Sec. 405. Money laundering through hawalas.
Sec. 406. Technical and conforming amendments relating to the USA
PATRIOT Act.
Sec. 407. Cross reference correction.
Sec. 408. Amendment to amendatory language.
Sec. 409. Designation of additional money laundering predicate.
Sec. 410. Uniform procedures for criminal forfeiture.
TITLE V--MISCELLANEOUS PROVISIONS
Sec. 501. Residence of United States attorneys and assistant United
States attorneys.
Sec. 502. Interim appointment of United States Attorneys.
Sec. 503. Secretary of Homeland Security in Presidential line of
succession.
Sec. 504. Bureau of Alcohol, Tobacco and Firearms to the Department of
Justice.
Sec. 505. Qualifications of United States Marshals.
Sec. 506. Department of Justice intelligence matters.
Sec. 507. Review by Attorney General.
TITLE VI--SECRET SERVICE
Sec. 601. Short title.
Sec. 602. Interference with national special security events.
Sec. 603. False credentials to national special security events.
Sec. 604. Forensic and investigative support of missing and exploited
children cases.
Sec. 605. The Uniformed Division, United States Secret Service.
Sec. 606. Savings provisions.
Sec. 607. Maintenance as distinct entity.
Sec. 608. Exemptions from the Federal Advisory Committee Act.
TITLE VII--COMBAT METHAMPHETAMINE EPIDEMIC ACT OF 2005
Sec. 701. Short title.
Subtitle A--Domestic regulation of precursor chemicals
Sec. 711. Scheduled listed chemical products; restrictions on sales
quantity, behind-the-counter access, and other safeguards.
[[Page 120 STAT. 194]]
Sec. 712. Regulated transactions.
Sec. 713. Authority to establish production quotas.
Sec. 714. Penalties; authority for manufacturing; quota.
Sec. 715. Restrictions on importation; authority to permit imports for
medical, scientific, or other legitimate purposes.
Sec. 716. Notice of importation or exportation; approval of sale or
transfer by importer or exporter.
Sec. 717. Enforcement of restrictions on importation and of requirement
of notice of transfer.
Sec. 718. Coordination with United States Trade Representative.
Subtitle B--International regulation of precursor chemicals
Sec. 721. Information on foreign chain of distribution; import
restrictions regarding failure of distributors to cooperate.
Sec. 722. Requirements relating to the largest exporting and importing
countries of certain precursor chemicals.
Sec. 723. Prevention of smuggling of methamphetamine into the United
States from Mexico.
Subtitle C--Enhanced criminal penalties for methamphetamine production
and trafficking
Sec. 731. Smuggling methamphetamine or methamphetamine precursor
chemicals into the United States while using facilitated
entry programs.
Sec. 732. Manufacturing controlled substances on Federal property.
Sec. 733. Increased punishment for methamphetamine kingpins.
Sec. 734. New child-protection criminal enhancement.
Sec. 735. Amendments to certain sentencing court reporting requirements.
Sec. 736. Semiannual reports to Congress.
Subtitle D--Enhanced environmental regulation of methamphetamine
byproducts
Sec. 741. Biennial report to Congress on agency designations of by-
products of methamphetamine laboratories as hazardous
materials.
Sec. 742. Methamphetamine production report.
Sec. 743. Cleanup costs.
Subtitle E--Additional programs and activities
Sec. 751. Improvements to Department of Justice drug court grant
program.
Sec. 752. Drug courts funding.
Sec. 753. Feasibility study on Federal drug courts.
Sec. 754. Grants to hot spot areas to reduce availability of
methamphetamine.
Sec. 755. Grants for programs for drug-endangered children.
Sec. 756. Authority to award competitive grants to address
methamphetamine use by pregnant and parenting women
offenders.
TITLE I--USA PATRIOT IMPROVEMENT AND REAUTHORIZATION ACT
SEC. 101. REFERENCES TO, AND MODIFICATION OF SHORT TITLE FOR, USA
PATRIOT ACT.
(a) 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 Act (USA PATRIOT Act) of 2001.
(b) Modification of Short Title of USA PATRIOT Act.--Section 1(a) of
the USA PATRIOT Act <<NOTE: 18 USC 1 note.>> is amended to read as
follows:
``(a) Short Title.--This Act may be cited as the `Uniting and
Strengthening America by Providing Appropriate Tools Required to
Intercept and Obstruct Terrorism Act of 2001' or the `USA PATRIOT
Act'.''.
SEC. 102. USA PATRIOT ACT SUNSET PROVISIONS.
(a) In General.--Section 224 of the USA PATRIOT Act <<NOTE: 18 USC
2510 note.>> is repealed.
[[Page 120 STAT. 195]]
(b) Sections 206 and 215 Sunset.--
(1) <<NOTE: Effective date. 50 USC 1805 and note, 1861,
1862.>> In general.--Effective December 31, 2009, 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.
(2) Exception.--With respect to any particular foreign
intelligence investigation that began before the date on which
the provisions referred to in paragraph (1) cease to have
effect, or with respect to any particular offense or potential
offense that began or occurred before the date on which such
provisions cease to have effect, such provisions shall continue
in effect.
SEC. 103. EXTENSION OF SUNSET RELATING TO INDIVIDUAL TERRORISTS AS
AGENTS OF FOREIGN POWERS.
Section 6001(b) of the Intelligence Reform and Terrorism Prevention
Act of 2004 <<NOTE: 50 USC 1801 note.>> (Public Law 108-458; 118 Stat.
3742) is amended to read as follows:
``(b) Sunset.--
``(1) In general.--Except as provided in paragraph (2), the
amendment made by subsection (a) shall cease to have effect on
December 31, 2009.
``(2) Exception.--With respect to any particular foreign
intelligence investigation that began before the date on which
the provisions referred to in paragraph (1) cease to have
effect, or with respect to any particular offense or potential
offense that began or occurred before the date on which the
provisions cease to have effect, such provisions shall continue
in effect.''.
SEC. 104. 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 <<NOTE: 18 USC 2332b note.>> (Public Law 108-458; 118 Stat.
3762) is amended by striking subsection (g).
SEC. 105. 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 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
[[Page 120 STAT. 196]]
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. 106. ACCESS TO CERTAIN BUSINESS RECORDS UNDER SECTION 215 OF THE
USA PATRIOT ACT.
(a) Director Approval for Certain Applications.--Subsection (a) of
section 501 of the Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. 1861(a)) is amended--
(1) in paragraph (1), by striking ``The Director'' and
inserting ``Subject to paragraph (3), the Director''; and
(2) by adding at the end the following:
``(3) In the case of an application for an order requiring
the production of library circulation records, library patron
lists, book sales records, book customer lists, firearms sales
records, tax return records, educational records, or medical
records containing information that would identify a person, the
Director of the Federal Bureau of Investigation may delegate the
authority to make such application to either the Deputy Director
of the Federal Bureau of Investigation or the Executive
Assistant Director for National Security (or any successor
position). The Deputy Director or the Executive Assistant
Director may not further delegate such authority.''.
(b) Factual Basis for Requested Order.--Subsection (b)(2) of such
section is amended to read as follows:
``(2) shall include--
``(A) a statement of facts showing that there are
reasonable grounds to believe that the tangible things
sought are relevant to an authorized investigation
(other than a threat assessment) conducted in accordance
with subsection (a)(2) to obtain foreign intelligence
information not concerning a United States person or to
protect against international terrorism or clandestine
intelligence activities, such things being presumptively
relevant to an authorized investigation if the applicant
shows in the statement of the facts that they pertain
to--
``(i) a foreign power or an agent of a foreign
power;
``(ii) the activities of a suspected agent of
a foreign power who is the subject of such
authorized investigation; or
``(iii) an individual in contact with, or
known to, a suspected agent of a foreign power who
is the subject of such authorized investigation;
and
``(B) an enumeration of the minimization procedures
adopted by the Attorney General under subsection (g)
that are applicable to the retention and dissemination
by the Federal Bureau of Investigation of any tangible
things to be made available to the Federal Bureau of
Investigation based on the order requested in such
application.''.
(c) 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 tangible things. Such order shall
direct that minimization procedures adopted pursuant to subsection (g)
be followed.''.
[[Page 120 STAT. 197]]
(d) Additional Protections.--Subsection (c)(2) of such section is
amended to read as follows:
``(2) An order under this subsection--
``(A) shall describe the tangible things that are
ordered to be produced with sufficient particularity to
permit them to be fairly identified;
``(B) shall include the date on which the tangible
things must be provided, which shall allow a reasonable
period of time within which the tangible things can be
assembled and made available;
``(C) shall provide clear and conspicuous notice of
the principles and procedures described in subsection
(d);
``(D) may only require the production of a tangible
thing if such thing can be obtained with a subpoena
duces tecum issued by a court of the United States in
aid of a grand jury investigation or with any other
order issued by a court of the United States directing
the production of records or tangible things; and
``(E) shall not disclose that such order is issued
for purposes of an investigation described in subsection
(a).''.
(e) Prohibition on Disclosure.--Subsection (d) of such section is
amended to read as follows:
``(d)(1) No person shall disclose to any other person that the
Federal Bureau of Investigation has sought or obtained tangible things
pursuant to an order under this section, other than to--
``(A) those persons to whom disclosure is necessary to
comply with such order;
``(B) an attorney to obtain legal advice or assistance with
respect to the production of things in response to the order; or
``(C) other persons as permitted by the Director of the
Federal Bureau of Investigation or the designee of the Director.
``(2)(A) A person to whom disclosure is made pursuant to paragraph
(1) shall be subject to the nondisclosure requirements applicable to a
person to whom an order is directed under this section in the same
manner as such person.
``(B) <<NOTE: Notification.>> Any person who discloses to a person
described in subparagraph (A), (B), or (C) of paragraph (1) that the
Federal Bureau of Investigation has sought or obtained tangible things
pursuant to an order under this section shall notify such person of the
nondisclosure requirements of this subsection.
``(C) At the request of the Director of the Federal Bureau of
Investigation or the designee of the Director, any person making or
intending to make a disclosure under this section shall identify to the
Director or such designee the person to whom such disclosure will be
made or to whom such disclosure was made prior to the request, but in no
circumstance shall a person be required to inform the Director or such
designee that the person intends to consult an attorney to obtain legal
advice or legal assistance.''.
(f) Judicial Review.--
(1) Petition review pool.--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
[[Page 120 STAT. 198]]
such court, shall comprise a petition review pool which shall have
jurisdiction to review petitions filed pursuant to section 501(f)(1).
``(2) <<NOTE: Deadline. Publication. Procedures.>> Not later than 60
days after the date of the enactment of the USA PATRIOT Improvement and
Reauthorization Act of 2005, the court established under subsection (a)
shall adopt and, consistent with the protection of national security,
publish 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 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 with the pool established by section 103(e)(1). The presiding
judge shall immediately assign the petition to one of the judges serving
in such pool. <<NOTE: Deadline.>> Not later than 72 hours after the
assignment of such petition, the assigned judge shall conduct an initial
review of the petition. If the assigned judge determines that the
petition is frivolous, the assigned judge shall immediately deny the
petition and affirm the order. If the assigned judge determines the
petition is not frivolous, the assigned judge shall promptly consider
the petition in accordance with the procedures established 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. <<NOTE: Records.>> The assigned judge shall promptly provide
a written statement for the record of the reasons for any determination
under this paragraph.
``(2) 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 <<NOTE: Records.>> court of review shall 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.
``(3) Judicial proceedings under this subsection shall be concluded
as expeditiously as possible. 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.
``(4) All petitions under this subsection shall be filed under seal.
In any proceedings under this subsection, the court shall, upon request
of the government, review ex parte and in camera any government
submission, or portions thereof, which may include classified
information.''.
(g) Minimization Procedures and Use of Information.--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 subsections:
[[Page 120 STAT. 199]]
``(g) Minimization Procedures.--
``(1) <<NOTE: Deadline.>> In general.--Not later than 180
days after the date of the enactment of the USA PATRIOT
Improvement and Reauthorization Act of 2005, the Attorney
General shall adopt specific minimization procedures governing
the retention and dissemination by the Federal Bureau of
Investigation of any tangible things, or information therein,
received by the Federal Bureau of Investigation in response to
an order under this title.
``(2) Defined.--In this section, the term `minimization
procedures' means--
``(A) specific procedures that are reasonably
designed in light of the purpose and technique of an
order for the production of tangible things, to minimize
the retention, and prohibit the dissemination, of
nonpublicly available information concerning
unconsenting United States persons consistent with the
need of the United States to obtain, produce, and
disseminate foreign intelligence information;
``(B) procedures that require that nonpublicly
available information, which is not foreign intelligence
information, as defined in section 101(e)(1), shall not
be disseminated in a manner that identifies any United
States person, without such person's consent, unless
such person's identity is necessary to understand
foreign intelligence information or assess its
importance; and
``(C) notwithstanding subparagraphs (A) and (B),
procedures that allow for the retention and
dissemination of information that is evidence of a crime
which has been, is being, or is about to be committed
and that is to be retained or disseminated for law
enforcement purposes.
``(h) Use of Information.--Information acquired from tangible things
received by the Federal Bureau of Investigation in response to an order
under this title concerning any United States person may be used and
disclosed by Federal officers and employees without the consent of the
United States person only in accordance with the minimization procedures
adopted pursuant to subsection (g). No otherwise privileged information
acquired from tangible things received by the Federal Bureau of
Investigation in accordance with the provisions of this title shall lose
its privileged character. No information acquired from tangible things
received by the Federal Bureau of Investigation in response to an order
under this title may be used or disclosed by Federal officers or
employees except for lawful purposes.''.
(h) Enhanced Oversight.--Section 502 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1862) is amended--
(1) in subsection (a)--
(A) by striking ``semiannual basis'' and inserting
``annual basis''; and
(B) by inserting ``and the Committee on the
Judiciary'' after ``and the Select Committee on
Intelligence'';
(2) in subsection (b)--
(A) <<NOTE: Reports.>> by striking ``On a semiannual
basis'' and all that follows through ``the preceding 6-
month period'' and inserting ``In April of each year,
the Attorney General shall submit to the House and
Senate Committees on the Judiciary and the House
Permanent Select Committee on
[[Page 120 STAT. 200]]
Intelligence and the Senate Select Committee on
Intelligence a report setting forth with respect to the
preceding calendar year'';
(B) in paragraph (1), by striking ``and'' at the
end;
(C) in paragraph (2), by striking the period at the
end and inserting ``; and''; and
(D) by adding at the end the following new
paragraph:
``(3) the number of such orders either granted, modified, or
denied for the production of each of the following:
``(A) Library circulation records, library patron
lists, book sales records, or book customer lists.
``(B) Firearms sales records.
``(C) Tax return records.
``(D) Educational records.
``(E) Medical records containing information that
would identify a person.''; and
(3) by adding at the end the following new subsection:
``(c)(1) <<NOTE: Reports.>> In April of each year, the Attorney
General shall submit to Congress a report setting forth with respect to
the preceding year--
``(A) the total number of applications made for orders
approving requests for the production of tangible things under
section 501; and
``(B) the total number of such orders either granted,
modified, or denied.
``(2) Each report under this subsection shall be submitted in
unclassified form.''.
SEC. 106A. AUDIT ON ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN
INTELLIGENCE PURPOSES.
(a) Audit.--The Inspector General of the Department of Justice shall
perform a comprehensive audit of the effectiveness and use, including
any improper or illegal use, of the investigative authority provided to
the Federal Bureau of Investigation under title V of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1861 et seq.).
(b) Requirements.--The audit required under subsection (a) shall
include--
(1) an examination of each instance in which the Attorney
General, any other officer, employee, or agent of the Department
of Justice, the Director of the Federal Bureau of Investigation,
or a designee of the Director, submitted an application to the
Foreign Intelligence Surveillance Court (as such term is defined
in section 301(3) of the Foreign Intelligence Surveillance Act
of 1978 (50 U.S.C. 1821(3))) for an order under section 501 of
such Act during the calendar years of 2002 through 2006,
including--
(A) whether the Federal Bureau of Investigation
requested that the Department of Justice submit an
application and the request was not submitted to the
court (including an examination of the basis for not
submitting the application);
(B) whether the court granted, modified, or denied
the application (including an examination of the basis
for any modification or denial);
(2) the justification for the failure of the Attorney
General to issue implementing procedures governing requests for
the
[[Page 120 STAT. 201]]
production of tangible things under such section in a timely
fashion, including whether such delay harmed national security;
(3) whether bureaucratic or procedural impediments to the
use of such requests for production prevent the Federal Bureau
of Investigation from taking full advantage of the authorities
provided under section 501 of such Act;
(4) any noteworthy facts or circumstances relating to orders
under such section, including any improper or illegal use of the
authority provided under such section; and
(5) an examination of the effectiveness of such section as
an investigative tool, including--
(A) the categories of records obtained and the
importance of the information acquired to the
intelligence activities of the Federal Bureau of
Investigation or any other Department or agency of the
Federal Government;
(B) the manner in which such information is
collected, retained, analyzed, and disseminated by the
Federal Bureau of Investigation, including any direct
access to such information (such as access to ``raw
data'') provided to any other Department, agency, or
instrumentality of Federal, State, local, or tribal
governments or any private sector entity;
(C) with respect to calendar year 2006, an
examination of the minimization procedures adopted by
the Attorney General under section 501(g) of such Act
and whether such minimization procedures protect the
constitutional rights of United States persons;
(D) whether, and how often, the Federal Bureau of
Investigation utilized information acquired pursuant to
an order under section 501 of such Act to produce an
analytical intelligence product for distribution within
the Federal Bureau of Investigation, to the intelligence
community (as such term is defined in section 3(4) of
the National Security Act of 1947 (50 U.S.C. 401a(4))),
or to other Federal, State, local, or tribal government
Departments, agencies, or instrumentalities; and
(E) whether, and how often, the Federal Bureau of
Investigation provided such information to law
enforcement authorities for use in criminal proceedings.
(c) Submission Dates.--
(1) <<NOTE: Reports.>> Prior years.--Not later than one
year after the date of the enactment of this Act, or upon
completion of the audit under this section for calendar years
2002, 2003, and 2004, whichever is earlier, the Inspector
General of the Department of Justice shall submit to the
Committee on the Judiciary and the Permanent Select Committee on
Intelligence of the House of Representatives and the Committee
on the Judiciary and the Select Committee on Intelligence of the
Senate a report containing the results of the audit conducted
under this section for calendar years 2002, 2003, and 2004.
(2) Calendar years 2005 and 2006.--Not later than December
31, 2007, or upon completion of the audit under this section for
calendar years 2005 and 2006, whichever is earlier, the
Inspector General of the Department of Justice shall submit to
the Committee on the Judiciary and the Permanent Select
Committee on Intelligence of the House of Representatives and
the Committee on the Judiciary and the Select
[[Page 120 STAT. 202]]
Committee on Intelligence of the Senate a report containing the
results of the audit conducted under this section for calendar
years 2005 and 2006.
(d) Prior Notice to Attorney General and Director of National
Intelligence; Comments.--
(1) <<NOTE: Deadline. Reports.>> Notice.--Not less than 30
days before the submission of a report under subsection (c)(1)
or (c)(2), the Inspector General of the Department of Justice
shall provide such report to the Attorney General and the
Director of National Intelligence.
(2) Comments.--The Attorney General or the Director of
National Intelligence may provide comments to be included in the
reports submitted under subsections (c)(1) and (c)(2) as the
Attorney General or the Director of National Intelligence may
consider necessary.
(e) Unclassified Form.--The reports submitted under subsections
(c)(1) and (c)(2) and any comments included under subsection (d)(2)
shall be in unclassified form, but may include a classified annex.
SEC. 107. ENHANCED OVERSIGHT OF GOOD-FAITH EMERGENCY DISCLOSURES UNDER
SECTION 212 OF THE USA PATRIOT ACT.
(a) Enhanced Oversight.--Section 2702 of title 18, United States
Code, is amended by adding at the end the following:
``(d) Reporting of Emergency Disclosures.--On an annual basis, the
Attorney General shall submit to the Committee on the Judiciary of the
House of Representatives and the Committee on the Judiciary of the
Senate a report containing--
``(1) the number of accounts from which the Department 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 disclosures under subsection (b)(8)
were made to the Department of Justice; and
``(B) the investigation pertaining to those
disclosures was closed without the filing of criminal
charges.''.
(b) Technical Amendments to Conform Communications and Customer
Records Exceptions.--
(1) Voluntary disclosures.--Section 2702 of title 18, United
States Code, is amended--
(A) in subsection (b)(8), by striking ``Federal,
State, or local''; and
(B) by striking paragraph (4) of subsection (c) and
inserting the following:
``(4) to a governmental entity, if the provider, in good
faith, believes that an emergency involving danger of death or
serious physical injury to any person requires disclosure
without delay of information relating to the emergency;''.
(2) Definitions.--Section 2711 of title 18, United States
Code, is amended--
(A) in paragraph (2), by striking ``and'' at the
end;
(B) in paragraph (3), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
[[Page 120 STAT. 203]]
``(4) the term `governmental entity' means a department or
agency of the United States or any State or political
subdivision thereof.''.
(c) Additional Exception.--Section 2702(a) of title 18, United
States Code, is amended by inserting ``or (c)'' after ``Except as
provided in subsection (b)''.
SEC. 108. MULTIPOINT ELECTRONIC SURVEILLANCE UNDER SECTION 206 OF THE
USA PATRIOT ACT.
(a) Inclusion of Specific Facts in Application.--
(1) Application.--Section 104(a)(3) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1804(a)(3)) is
amended by inserting ``specific'' after ``description of the''.
(2) Order.--Subsection (c) of section 105 of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1805(c)) is
amended--
(A) in paragraph (1)(A) by striking ``target of the
electronic surveillance'' and inserting ``specific
target of the electronic surveillance identified or
described in the application pursuant to section
104(a)(3)''; and
(B) in paragraph (2)(B), by striking ``where the
Court finds'' and inserting ``where the Court finds,
based upon specific facts provided in the
application,''.
(b) Additional Directions.--Such subsection is further amended--
(1) by striking ``An order approving'' and all that follows
through ``specify'' and inserting ``(1) specifications.--An
order approving an electronic surveillance under this section
shall specify'';
(2) in paragraph (1)(F), by striking ``; and'' and inserting
a period;
(3) in paragraph (2), by striking ``direct'' and inserting
``Directions.--An order approving an electronic surveillance
under this section shall direct''; and
(4) by adding at the end the following new paragraph:
``(3) <<NOTE: Notice. Deadline.>> Special directions for
certain orders.--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 ten days after
the date on which surveillance begins to be directed at any new
facility or place, unless the court finds good cause to justify
a longer period of up to 60 days, of--
``(A) the nature and location of each new 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
new facility or place at which the electronic
surveillance is directed is or was being used, or is
about to be used, by the target of the surveillance;
``(C) a statement of any proposed minimization
procedures that differ from those contained 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; and
[[Page 120 STAT. 204]]
``(D) the total number of electronic surveillances
that have been or are being conducted under the
authority of the order.''.
(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 Senate,'' after ``Senate Select Committee on Intelligence''.
(2) Modification of semiannual report requirement on
activities under foreign intelligence surveillance act of
1978.--Paragraph (2) of section 108(a) of the Foreign
Intelligence Surveillance 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 unknown;
``(B) each criminal case in which information
acquired under this Act has been authorized for use at
trial during the period covered by such report; and
``(C) the total number of emergency employments of
electronic surveillance under section 105(f) and the
total number of subsequent orders approving or denying
such electronic surveillance.''.
SEC. 109. ENHANCED CONGRESSIONAL OVERSIGHT.
(a) Emergency Physical Searches.--Section 306 of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1826) is amended--
(1) in the first sentence, by inserting ``, and the
Committee on the Judiciary of the Senate,'' after ``the
Senate'';
(2) in the second sentence, by striking ``and the Committees
on the Judiciary of the House of Representatives and the
Senate'' and inserting ``and the Committee on the Judiciary of
the House of Representatives'';
(3) in paragraph (2), by striking ``and'' at the end;
(4) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(5) by adding at the end the following:
``(4) the total number of emergency physical searches
authorized by the Attorney General under section 304(e) and the
total number of subsequent orders approving or denying such
physical searches.''.
(b) Emergency Pen Registers and Trap and Trace Devices.--Section
406(b) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1846(b)) is amended--
(1) in paragraph (1), by striking ``and'' at the end;
(2) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(3) the total number of pen registers and trap and trace
devices whose installation and use was authorized by the
Attorney General on an emergency basis under section 403, and
the total number of subsequent orders approving or denying
[[Page 120 STAT. 205]]
the installation and use of such pen registers and trap and
trace devices.''.
(c) <<NOTE: 8 USC 1107.>> Additional Report.--At the beginning and
midpoint of each fiscal year, the Secretary of Homeland Security shall
submit to the Committees on the Judiciary of the House of
Representatives and the Senate, a written report providing a description
of internal affairs operations at U.S. Citizenship and Immigration
Services, including the general state of such operations and a detailed
description of investigations that are being conducted (or that were
conducted during the previous six months) and the resources devoted to
such investigations. The first such report shall be submitted not later
than April 1, 2006.
(d) Rules and Procedures for FISA Courts.--Section 103 of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803) is
amended by adding at the end the following:
``(f)(1) The courts established pursuant to subsections (a) and (b)
may establish such rules and procedures, and take such actions, as are
reasonably necessary to administer their responsibilities under this
Act.
``(2) The rules and procedures established under paragraph (1), and
any modifications of such rules and procedures, shall be recorded, and
shall be transmitted to the following:
``(A) All of the judges on the court established pursuant to
subsection (a).
``(B) All of the judges on the court of review established
pursuant to subsection (b).
``(C) The Chief Justice of the United States.
``(D) The Committee on the Judiciary of the Senate.
``(E) The Select Committee on Intelligence of the Senate.
``(F) The Committee on the Judiciary of the House of
Representatives.
``(G) The Permanent Select Committee on Intelligence of the
House of Representatives.
``(3) The transmissions required by paragraph (2) shall be submitted
in unclassified form, but may include a classified annex.''.
SEC. 110. ATTACKS AGAINST RAILROAD CARRIERS AND MASS TRANSPORTATION
SYSTEMS.
(a) In General.--Chapter 97 of title 18, United States Code, is
amended by striking sections 1992 through 1993 and inserting the
following:
``Sec. 1992. Terrorist attacks and other violence against railroad
carriers and against mass transportation systems
on land, on water, or through the air
``(a) General Prohibitions.--Whoever, in a circumstance described in
subsection (c), knowingly and without lawful authority or permission--
``(1) wrecks, derails, sets fire to, or disables railroad
on-track equipment or a mass transportation vehicle;
``(2) places any biological agent or toxin, destructive
substance, or destructive device in, upon, or near railroad on-
track equipment or a mass transportation vehicle with intent to
endanger the safety of any person, or with a reckless disregard
for the safety of human life;
[[Page 120 STAT. 206]]
``(3) places or releases a hazardous material or a
biological agent or toxin on or near any property described in
subparagraph (A) or (B) of paragraph (4), with intent to
endanger the safety of any person, or with reckless disregard
for the safety of human life;
``(4) sets fire to, undermines, makes unworkable, unusable,
or hazardous to work on or use, or places any biological agent
or toxin, destructive substance, or destructive device in, upon,
or near any--
``(A) tunnel, bridge, viaduct, trestle, track,
electromagnetic guideway, signal, station, depot,
warehouse, terminal, or any other way, structure,
property, or appurtenance used in the operation of, or
in support of the operation of, a railroad carrier, and
with intent to, or knowing or having reason to know,
such activity would likely, derail, disable, or wreck
railroad on-track equipment; or
``(B) garage, terminal, structure, track,
electromagnetic guideway, supply, or facility used in
the operation of, or in support of the operation of, a
mass transportation vehicle, and with intent to, or
knowing or having reason to know, such activity would
likely, derail, disable, or wreck a mass transportation
vehicle used, operated, or employed by a mass
transportation provider;
``(5) removes an appurtenance from, damages, or otherwise
impairs the operation of a railroad signal system or mass
transportation signal or dispatching system, including a train
control system, centralized dispatching system, or highway-
railroad grade crossing warning signal;
``(6) with intent to endanger the safety of any person, or
with a reckless disregard for the safety of human life,
interferes with, disables, or incapacitates any dispatcher,
driver, captain, locomotive engineer, railroad conductor, or
other person while the person is employed in dispatching,
operating, controlling, or maintaining railroad on-track
equipment or a mass transportation vehicle;
``(7) commits an act, including the use of a dangerous
weapon, with the intent to cause death or serious bodily injury
to any person who is on property described in subparagraph (A)
or (B) of paragraph (4);
``(8) surveils, photographs, videotapes, diagrams, or
otherwise collects information with the intent to plan or assist
in planning any of the acts described in paragraphs (1) through
(6);
``(9) conveys false information, knowing the information to
be false, concerning an attempt or alleged attempt to engage in
a violation of this subsection; or
``(10) attempts, threatens, or conspires to engage in any
violation of any of paragraphs (1) through (9),
shall be fined under this title or imprisoned not more than 20 years,
or both, and if the offense results in the death of any person, shall be
imprisoned for any term of years or for life, or subject to death,
except in the case of a violation of paragraph (8), (9), or (10).
``(b) Aggravated Offense.--Whoever commits an offense under
subsection (a) of this section in a circumstance in which--
[[Page 120 STAT. 207]]
``(1) the railroad on-track equipment or mass transportation
vehicle was carrying a passenger or employee at the time of the
offense;
``(2) the railroad on-track equipment or mass transportation
vehicle was carrying high-level radioactive waste or spent
nuclear fuel at the time of the offense; or
``(3) the offense was committed with the intent to endanger
the safety of any person, or with a reckless disregard for the
safety of any person, and the railroad on-track equipment or
mass transportation vehicle was carrying a hazardous material at
the time of the offense that--
``(A) was required to be placarded under subpart F
of part 172 of title 49, Code of Federal Regulations;
and
``(B) is identified as class number 3, 4, 5, 6.1, or
8 and packing group I or packing group II, or class
number 1, 2, or 7 under the hazardous materials table of
section 172.101 of title 49, Code of Federal
Regulations,
shall be fined under this title or imprisoned for any term of years or
life, or both, and if the offense resulted in the death of any person,
the person may be sentenced to death.
``(c) Circumstances Required for Offense.--A circumstance referred
to in subsection (a) is any of the following:
``(1) Any of the conduct required for the offense is, or, in
the case of an attempt, threat, or conspiracy to engage in
conduct, the conduct required for the completed offense would
be, engaged in, on, against, or affecting a mass transportation
provider, or a railroad carrier engaged in interstate or foreign
commerce.
``(2) Any person travels or communicates across a State line
in order to commit the offense, or transports materials across a
State line in aid of the commission of the offense.
``(d) Definitions.--In this section--
``(1) the term `biological agent' has the meaning given to
that term in section 178(1);
``(2) the term `dangerous weapon' means a weapon, device,
instrument, material, or substance, animate or inanimate, that
is used for, or is readily capable of, causing death or serious
bodily injury, including a pocket knife with a blade of less
than 2\1/2\ inches in length and a box cutter;
``(3) the term `destructive device' has the meaning given to
that term in section 921(a)(4);
``(4) the term `destructive substance' means an explosive
substance, flammable material, infernal machine, or other
chemical, mechanical, or radioactive device or material, or
matter of a combustible, contaminative, corrosive, or explosive
nature, except that the term `radioactive device' does not
include any radioactive device or material used solely for
medical, industrial, research, or other peaceful purposes;
``(5) the term `hazardous material' has the meaning given to
that term in chapter 51 of title 49;
``(6) the term `high-level radioactive waste' has the
meaning given to that term in section 2(12) of the Nuclear Waste
Policy Act of 1982 (42 U.S.C. 10101(12));
``(7) the term `mass transportation' has the meaning given
to that term in section 5302(a)(7) of title 49, except that the
[[Page 120 STAT. 208]]
term includes school bus, charter, and sightseeing
transportation and passenger vessel as that term is defined in
section 2101(22) of title 46, United States Code;
``(8) the term `on-track equipment' means a carriage or
other contrivance that runs on rails or electromagnetic
guideways;
``(9) the term `railroad on-track equipment' means a train,
locomotive, tender, motor unit, freight or passenger car, or
other on-track equipment used, operated, or employed by a
railroad carrier;
``(10) the term `railroad' has the meaning given to that
term in chapter 201 of title 49;
``(11) the term `railroad carrier' has the meaning given to
that term in chapter 201 of title 49;
``(12) the term `serious bodily injury' has the meaning
given to that term in section 1365;
``(13) the term `spent nuclear fuel' has the meaning given
to that term in section 2(23) of the Nuclear Waste Policy Act of
1982 (42 U.S.C. 10101(23));
``(14) the term `State' has the meaning given to that term
in section 2266;
``(15) the term `toxin' has the meaning given to that term
in section 178(2); and
``(16) the term `vehicle' means any carriage or other
contrivance used, or capable of being used, as a means of
transportation on land, on water, or through the air.''.
(b) Conforming Amendments.--
(1) The table of sections at the beginning of chapter 97 of
title 18, United States Code, is amended--
(A) by striking ``RAILROADS'' in the chapter heading
and inserting ``RAILROAD CARRIERS AND MASS
TRANSPORTATION SYSTEMS ON LAND, ON WATER, OR THROUGH THE
AIR'';
(B) by striking the items relating to sections 1992
and 1993; and
(C) by inserting after the item relating to section
1991 the following:
``1992. Terrorist attacks and other violence against railroad carriers
and against mass transportation systems on land, on water, or
through the air.''.
(2) The table of chapters at the beginning of part I of
title 18, United States Code, is amended by striking the item
relating to chapter 97 and inserting the following:
``97. Railroad carriers and mass transportation systems on land,
on water, or through the air.....................................1991''.
(3) Title 18, United States Code, is amended--
(A) in section 2332b(g)(5)(B)(i), by striking ``1992
(relating to wrecking trains), 1993 (relating to
terrorist attacks and other acts of violence against
mass transportation systems),'' and inserting ``1992
(relating to terrorist attacks and other acts of
violence against railroad carriers and against mass
transportation systems on land, on water, or through the
air),'';
(B) in section 2339A, by striking ``1993,''; and
(C) in section 2516(1)(c) by striking ``1992
(relating to wrecking trains),''.
[[Page 120 STAT. 209]]
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. SECTION 2332b(g)(5)(B) AMENDMENTS RELATING TO THE DEFINITION
OF FEDERAL CRIME OF TERRORISM.
(a) Additional Offenses.--Section 2332b(g)(5)(B) of title 18, United
States Code, is amended--
(1) in clause (i), by inserting ``, 2339D (relating to
military-type training from a foreign terrorist organization)''
before ``, or 2340A'';
(2) in clause (ii), by striking ``or'' after the semicolon;
(3) in clause (iii), by striking the period and inserting
``; or''; and
(4) by inserting after clause (iii) the following:
``(iv) section 1010A of the Controlled
Substances Import and Export Act (relating to
narco-terrorism).''.
(b) Clerical Correction.--Section 2332b(g)(5)(B) of title 18, United
States Code, is amended by inserting ``)'' after ``2339C (relating to
financing of terrorism''.
SEC. 113. AMENDMENTS TO SECTION 2516(1) OF TITLE 18, UNITED STATES CODE.
(a) Paragraph (a) Amendment.--Section 2516(1)(a) of title 18, United
States Code, is amended by inserting ``chapter 10 (relating to
biological weapons)'' after ``under the following chapters of this
title:''.
(b) 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 43 (relating to animal
enterprise terrorism),'' after ``the following sections 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 officers and
employees of the United States), section 1116 (relating to
protection of foreign officials),'' after ``section 1014
(relating to loans and credit applications generally; renewals
and discounts),'';
(4) by inserting ``section 1992 (relating to terrorist
attacks against mass transportation),'' after ``section 1344
(relating to bank fraud),'';
(5) by inserting ``section 2340A (relating to torture),''
after ``section 2321 (relating to trafficking in certain motor
vehicles or motor vehicle parts),'';
(6) by inserting ``section 81 (arson within special maritime
and territorial jurisdiction),'' before ``section 201 (bribery
of public officials and witnesses)''; and
(7) by inserting ``section 956 (conspiracy to harm persons
or property overseas),'' after ``section 175c (relating to
variola virus)''.
(c) Paragraph (g) Amendment.--Section 2516(1)(g) of title 18, United
States Code, is amended by inserting before the semicolon
[[Page 120 STAT. 210]]
``, or section 5324 of title 31, United States Code (relating to
structuring transactions to evade reporting requirement prohibited)''.
(d) Paragraph (j) Amendment.--Section 2516(1)(j) of title 18, United
States Code, is amended--
(1) by striking ``or'' before ``section 46502 (relating to
aircraft piracy)'' and inserting a comma after ``section
60123(b) (relating to the destruction of a natural gas
pipeline''; and
(2) by inserting ``, the second sentence of section 46504
(relating to assault on a flight crew with dangerous weapon), or
section 46505(b)(3) or (c) (relating to explosive or incendiary
devices, or endangerment of human life, by means of weapons on
aircraft)'' before ``of title 49''.
(e) Paragraph (p) Amendment.--Section 2516(1)(p) of title 18, United
States Code, is amended by inserting ``, section 1028A (relating to
aggravated identity theft)'' after ``other documents''.
(f) Paragraph (q) Amendment.--Section 2516(1)(q) of title 18, United
States Code, is amended--
(1) by inserting ``2339'' after ``2232h'';
(2) by striking ``or'' before ``2339C''; and
(3) by inserting ``, or 2339D'' after ``2339C''.
(g) Amendment of Predicate Crimes for Authorization for Interception
of Wire, Oral, and Electronic Communications.--Section 2516(1) of title
18, United State Code, is amended--
(1) in subparagraph (q), by striking ``or'' after the
semicolon;
(2) by redesignating subparagraph (r) as subparagraph (s);
and
(3) by adding after subparagraph (q) the following:
``(r) any criminal violation of section 1 (relating to
illegal restraints of trade or commerce), 2 (relating to illegal
monopolizing of trade or commerce), or 3 (relating to illegal
restraints of trade or commerce in territories or the District
of Columbia) of the Sherman Act (15 U.S.C. 1, 2, 3); or''.
SEC. 114. DELAYED NOTICE SEARCH WARRANTS.
(a) Limitation on Reasonable Period for Delay.--Section 3103a of
title 18, United States Code, is amended--
(1) by striking subsection (b)(3) and inserting the
following:
``(3) the warrant provides for the giving of such notice
within a reasonable period not to exceed 30 days after the date
of its execution, or on a later date certain if the facts of the
case justify a longer period of delay.''.
(2) by adding at the end the following:
``(c) Extensions of Delay.--Any period of delay authorized by this
section may be extended by the court for good cause shown, subject to
the condition that extensions should only be granted upon an updated
showing of the need for further delay and that each additional delay
should be limited to periods of 90 days or less, unless the facts of the
case justify a longer period of delay.''.
(b) Limitation on Authority to Delay Notice.--Section 3103a(b)(1) of
title 18, United States Code, is amended by inserting ``, except if the
adverse results consist only of unduly delaying a trial'' after
``2705''.
(c) Enhanced Oversight.--Section 3103a of title 18, United States
Code, is further amended by adding at the end the following:
``(d) Reports.--
``(1) Report by judge.--Not later than 30 days after the
expiration of a warrant authorizing delayed notice (including
[[Page 120 STAT. 211]]
any extension thereof) entered under this section, or the denial
of such warrant (or request for extension), the issuing or
denying judge shall report to the Administrative Office of the
United States Courts--
``(A) the fact that a warrant was applied for;
``(B) the fact that the warrant or any extension
thereof was granted as applied for, was modified, or was
denied;
``(C) the period of delay in the giving of notice
authorized by the warrant, and the number and duration
of any extensions; and
``(D) the offense specified in the warrant or
application.
``(2) Report by administrative office of the united states
courts.--Beginning with the fiscal year ending September 30,
2007, the Director of the Administrative Office of the United
States Courts shall transmit to Congress annually a full and
complete report summarizing the data required to be filed with
the Administrative Office by paragraph (1), including the number
of applications for warrants and extensions of warrants
authorizing delayed notice, and the number of such warrants and
extensions granted or denied during the preceding fiscal year.
``(3) Regulations.--The Director of the Administrative
Office of the United States Courts, in consultation with the
Attorney General, is authorized to issue binding regulations
dealing with the content and form of the reports required to be
filed under paragraph (1).''.
SEC. 115. JUDICIAL REVIEW OF NATIONAL SECURITY LETTERS.
Chapter 223 of title 18, United States Code, is amended--
(1) by inserting at the end of the table of sections the
following new item:
``3511. Judicial review of requests for information.'';
and
(2) by inserting after section 3510 the following:
``Sec. 3511. Judicial review of requests for information
``(a) The recipient of a request for records, a report, or other
information under section 2709(b) of this title, section 626(a) or (b)
or 627(a) of the Fair Credit Reporting Act, section 1114(a)(5)(A) of the
Right to Financial Privacy Act, or section 802(a) of the National
Security Act of 1947 may, in the United States district court for the
district in which that person or entity does business or resides,
petition for an order modifying or setting aside the request. The court
may modify or set aside the request if compliance would be unreasonable,
oppressive, or otherwise unlawful.
``(b)(1) The recipient of a request for records, a report, or other
information under section 2709(b) of this title, section 626(a) or (b)
or 627(a) of the Fair Credit Reporting Act, section 1114(a)(5)(A) of the
Right to Financial Privacy Act, or section 802(a) of the National
Security Act of 1947, may petition any court described in subsection (a)
for an order modifying or setting aside a nondisclosure requirement
imposed in connection with such a request.
``(2) If the petition is filed within one year of the request for
records, a report, or other information under section 2709(b) of this
title, section 626(a) or (b) or 627(a) of the Fair Credit Reporting Act,
section 1114(a)(5)(A) of the Right to Financial Privacy Act, or section
802(a) of the National Security Act of 1947,
[[Page 120 STAT. 212]]
the court may modify or set aside such a nondisclosure requirement if it
finds that there is no reason to believe that disclosure may endanger
the national security of the United States, interfere with a criminal,
counterterrorism, or counterintelligence investigation, interfere with
diplomatic relations, or endanger the life or physical safety of any
person. If, at the time of the petition, the Attorney General, Deputy
Attorney General, an Assistant Attorney General, or the Director of the
Federal Bureau of Investigation, or in the case of a request by a
department, agency, or instrumentality of the Federal Government other
than the Department of Justice, the head or deputy head of such
department, agency, or instrumentality, certifies that disclosure may
endanger the national security of the United States or interfere with
diplomatic relations, such certification shall be treated as conclusive
unless the court finds that the certification was made in bad faith.
``(3) If the petition is filed one year or more after the request
for records, a report, or other information under section 2709(b) of
this title, section 626(a) or (b) or 627(a) of the Fair Credit Reporting
Act, section 1114(a)(5)(A) of the Right to Financial Privacy Act, or
section 802(a) of the National Security Act of 1947, the Attorney
General, Deputy Attorney General, an Assistant Attorney General, or the
Director of the Federal Bureau of Investigation, or his designee in a
position not lower than Deputy Assistant Director at Bureau headquarters
or a Special Agent in Charge in a Bureau field office designated by the
Director, or in the case of a request by a department, agency, or
instrumentality of the Federal Government other than the Federal Bureau
of Investigation, the head or deputy head of such department, agency, or
instrumentality, within ninety days of the filing of the petition, shall
either terminate the nondisclosure requirement or re-certify that
disclosure may result in a danger to the national security of the United
States, interference with a criminal, counterterrorism, or
counterintelligence investigation, interference with diplomatic
relations, or danger to the life or physical safety of any person. In
the event of re-certification, the court may modify or set aside such a
nondisclosure requirement if it finds that there is no reason to believe
that disclosure may endanger the national security of the United States,
interfere with a criminal, counterterrorism, or counterintelligence
investigation, interfere with diplomatic relations, or endanger the life
or physical safety of any person. If the recertification that disclosure
may endanger the national security of the United States or interfere
with diplomatic relations is made by the Attorney General, Deputy
Attorney General, an Assistant Attorney General, or the Director of the
Federal Bureau of Investigation, such certification shall be treated as
conclusive unless the court finds that the recertification was made in
bad faith. If the court denies a petition for an order modifying or
setting aside a nondisclosure requirement under this paragraph, the
recipient shall be precluded for a period of one year from filing
another petition to modify or set aside such nondisclosure requirement.
``(c) In the case of a failure to comply with a request for records,
a report, or other information made to any person or entity under
section 2709(b) of this title, section 626(a) or (b) or 627(a) of the
Fair Credit Reporting Act, section 1114(a)(5)(A) of the Right to
Financial Privacy Act, or section 802(a) of the National Security Act of
1947, the Attorney General may invoke
[[Page 120 STAT. 213]]
the aid of any district court of the United States within the
jurisdiction in which the investigation is carried on or the person or
entity resides, carries on business, or may be found, to compel
compliance with the request. The court may issue an order requiring the
person or entity to comply with the request. Any failure to obey the
order of the court may be punished by the court as contempt thereof. Any
process under this section may be served in any judicial district in
which the person or entity may be found.
``(d) In all proceedings under this section, subject to any right to
an open hearing in a contempt proceeding, the court must close any
hearing to the extent necessary to prevent an unauthorized disclosure of
a request for records, a report, or other information made to any person
or entity under section 2709(b) of this title, section 626(a) or (b) or
627(a) of the Fair Credit Reporting Act, section 1114(a)(5)(A) of the
Right to Financial Privacy Act, or section 802(a) of the National
Security Act of 1947. Petitions, filings, records, orders, and subpoenas
must also be kept under seal to the extent and as long as necessary to
prevent the unauthorized disclosure of a request for records, a report,
or other information made to any person or entity under section 2709(b)
of this title, section 626(a) or (b) or 627(a) of the Fair Credit
Reporting Act, section 1114(a)(5)(A) of the Right to Financial Privacy
Act, or section 802(a) of the National Security Act of 1947.
``(e) In all proceedings under this section, the court shall, upon
request of the government, review ex parte and in camera any government
submission or portions thereof, which may include classified
information.''.
SEC. 116. CONFIDENTIALITY OF NATIONAL SECURITY LETTERS.
(a) Section 2709(c) of title 18, United States Code, is amended to
read:
``(c) Prohibition of Certain Disclosure.--
``(1) If the Director of the Federal Bureau of
Investigation, or his designee in a position not lower than
Deputy Assistant Director at Bureau headquarters or a Special
Agent in Charge in a Bureau field office designated by the
Director, certifies that otherwise there may result a danger to
the national security of the United States, interference with a
criminal, counterterrorism, or counterintelligence
investigation, interference with diplomatic relations, or danger
to the life or physical safety of any person, no wire or
electronic communications service provider, or officer,
employee, or agent thereof, shall disclose to any person (other
than those to whom such disclosure is necessary to comply with
the request or an attorney to obtain legal advice or legal
assistance with respect to the request) that the Federal Bureau
of Investigation has sought or obtained access to information or
records under this section.
``(2) <<NOTE: Notification.>> The request shall notify the
person or entity to whom the request is directed of the
nondisclosure requirement under paragraph (1).
``(3) Any recipient disclosing to those persons necessary to
comply with the request or to an attorney to obtain legal advice
or legal assistance with respect to the request shall inform
such person of any applicable nondisclosure requirement. Any
person who receives a disclosure under this subsection shall be
subject to the same prohibitions on disclosure under paragraph
(1).
[[Page 120 STAT. 214]]
``(4) At the request of the Director of the Federal Bureau
of Investigation or the designee of the Director, any person
making or intending to make a disclosure under this section
shall identify to the Director or such designee the person to
whom such disclosure will be made or to whom such disclosure was
made prior to the request, but in no circumstance shall a person
be required to inform the Director or such designee that the
person intends to consult an attorney to obtain legal advice or
legal assistance.''.
(b) Section 626(d) of the Fair Credit Reporting Act (15 U.S.C.
1681u(d)) is amended to read:
``(d) Confidentiality.--
``(1) If the Director of the Federal Bureau of
Investigation, or his designee in a position not lower than
Deputy Assistant Director at Bureau headquarters or a Special
Agent in Charge in a Bureau field office designated by the
Director, certifies that otherwise there may result a danger to
the national security of the United States, interference with a
criminal, counterterrorism, or counterintelligence
investigation, interference with diplomatic relations, or danger
to the life or physical safety of any person, no consumer
reporting agency or officer, employee, or agent of a consumer
reporting agency shall disclose to any person (other than those
to whom such disclosure is necessary to comply with the request
or an attorney to obtain legal advice or legal assistance with
respect to the request) that the Federal Bureau of Investigation
has sought or obtained the identity of financial institutions or
a consumer report respecting any consumer under subsection (a),
(b), or (c), and no consumer reporting agency or officer,
employee, or agent of a consumer reporting agency shall include
in any consumer report any information that would indicate that
the Federal Bureau of Investigation has sought or obtained such
information on a consumer report.
``(2) <<NOTE: Notification.>> The request shall notify the
person or entity to whom the request is directed of the
nondisclosure requirement under paragraph (1).
``(3) Any recipient disclosing to those persons necessary to
comply with the request or to an attorney to obtain legal advice
or legal assistance with respect to the request shall inform
such persons of any applicable nondisclosure requirement. Any
person who receives a disclosure under this subsection shall be
subject to the same prohibitions on disclosure under paragraph
(1).
``(4) At the request of the Director of the Federal Bureau
of Investigation or the designee of the Director, any person
making or intending to make a disclosure under this section
shall identify to the Director or such designee the person to
whom such disclosure will be made or to whom such disclosure was
made prior to the request, but in no circumstance shall a person
be required to inform the Director or such designee that the
person intends to consult an attorney to obtain legal advice or
legal assistance.''.
(c) Section 627(c) of the Fair Credit Reporting Act (15 U.S.C.
1681v(c)) is amended to read:
``(c) Confidentiality.--
``(1) If the head of a government agency authorized to
conduct investigations of intelligence or counterintelligence
[[Page 120 STAT. 215]]
activities or analysis related to international terrorism, or
his designee, certifies that otherwise there may result a danger
to the national security of the United States, interference with
a criminal, counterterrorism, or counterintelligence
investigation, interference with diplomatic relations, or danger
to the life or physical safety of any person, no consumer
reporting agency or officer, employee, or agent of such consumer
reporting agency, shall disclose to any person (other than those
to whom such disclosure is necessary to comply with the request
or an attorney to obtain legal advice or legal assistance with
respect to the request), or specify in any consumer report, that
a government agency has sought or obtained access to information
under subsection (a).
``(2) <<NOTE: Notification.>> The request shall notify the
person or entity to whom the request is directed of the
nondisclosure requirement under paragraph (1).
``(3) Any recipient disclosing to those persons necessary to
comply with the request or to any attorney to obtain legal
advice or legal assistance with respect to the request shall
inform such persons of any applicable nondisclosure requirement.
Any person who receives a disclosure under this subsection shall
be subject to the same prohibitions on disclosure under
paragraph (1).
``(4) At the request of the authorized Government agency,
any person making or intending to make a disclosure under this
section shall identify to the requesting official of the
authorized Government agency the person to whom such disclosure
will be made or to whom such disclosure was made prior to the
request, but in no circumstance shall a person be required to
inform such requesting official that the person intends to
consult an attorney to obtain legal advice or legal
assistance.''.
(d) Section 1114(a)(3) of the Right to Financial Privacy Act (12
U.S.C. 3414(a)(3)) is amended to read as follows:
``(3)(A) If the Government authority described in paragraph
(1) or the Secret Service, as the case may be, certifies that
otherwise there may result a danger to the national security of
the United States, interference with a criminal,
counterterrorism, or counterintelligence investigation,
interference with diplomatic relations, or danger to the life or
physical safety of any person, no financial institution, or
officer, employee, or agent of such institution, shall disclose
to any person (other than those to whom such disclosure is
necessary to comply with the request or an attorney to obtain
legal advice or legal assistance with respect to the request)
that the Government authority or the Secret Service has sought
or obtained access to a customer's financial records.
``(B) <<NOTE: Notification.>> The request shall notify the
person or entity to whom the request is directed of the
nondisclosure requirement under subparagraph (A).
``(C) Any recipient disclosing to those persons necessary to
comply with the request or to an attorney to obtain legal advice
or legal assistance with respect to the request shall inform
such persons of any applicable nondisclosure requirement. Any
person who receives a disclosure under this subsection shall be
subject to the same prohibitions on disclosure under
subparagraph (A).
[[Page 120 STAT. 216]]
``(D) At the request of the authorized Government agency or
the Secret Service, any person making or intending to make a
disclosure under this section shall identify to the requesting
official of the authorized Government agency or the Secret
Service the person to whom such disclosure will be made or to
whom such disclosure was made prior to the request, but in no
circumstance shall a person be required to inform such
requesting official that the person intends to consult an
attorney to obtain legal advice or legal assistance.''.
(e) Section 1114(a)(5)(D) of the Right to Financial Privacy Act (12
U.S.C. 3414(a)(5)(D)) is amended to read:
``(D) Prohibition of certain disclosure.--
``(i) If the Director of the Federal Bureau of
Investigation, or his designee in a position not
lower than Deputy Assistant Director at Bureau
headquarters or a Special Agent in Charge in a
Bureau field office designated by the Director,
certifies that otherwise there may result a danger
to the national security of the United States,
interference with a criminal, counterterrorism, or
counterintelligence investigation, interference
with diplomatic relations, or danger to the life
or physical safety of any person, no financial
institution, or officer, employee, or agent of
such institution, shall disclose to any person
(other than those to whom such disclosure is
necessary to comply with the request or an
attorney to obtain legal advice or legal
assistance with respect to the request) that the
Federal Bureau of Investigation has sought or
obtained access to a customer's or entity's
financial records under subparagraph (A).
``(ii) <<NOTE: Notification.>> The request
shall notify the person or entity to whom the
request is directed of the nondisclosure
requirement under clause (i).
``(iii) Any recipient disclosing to those
persons necessary to comply with the request or to
an attorney to obtain legal advice or legal
assistance with respect to the request shall
inform such persons of any applicable
nondisclosure requirement. Any person who receives
a disclosure under this subsection shall be
subject to the same prohibitions on disclosure
under clause (i).
``(iv) At the request of the Director of the
Federal Bureau of Investigation or the designee of
the Director, any person making or intending to
make a disclosure under this section shall
identify to the Director or such designee the
person to whom such disclosure will be made or to
whom such disclosure was made prior to the
request, but in no circumstance shall a person be
required to inform the Director or such designee
that the person intends to consult an attorney to
obtain legal advice or legal assistance.''.
(f) Section 802(b) of the National Security Act of 1947 (50 U.S.C.
436(b)) is amended to read as follows:
``(b) Prohibition of Certain Disclosure.--
``(1) If an authorized investigative agency described in
subsection (a) certifies that otherwise there may result a
danger to the national security of the United States,
interference with
[[Page 120 STAT. 217]]
a criminal, counterterrorism, or counterintelligence
investigation, interference with diplomatic relations, or danger
to the life or physical safety of any person, no governmental or
private entity, or officer, employee, or agent of such entity,
may disclose to any person (other than those to whom such
disclosure is necessary to comply with the request or an
attorney to obtain legal advice or legal assistance with respect
to the request) that such entity has received or satisfied a
request made by an authorized investigative agency under this
section.
``(2) <<NOTE: Notification.>> The request shall notify the
person or entity to whom the request is directed of the
nondisclosure requirement under paragraph (1).
``(3) Any recipient disclosing to those persons necessary to
comply with the request or to an attorney to obtain legal advice
or legal assistance with respect to the request shall inform
such persons of any applicable nondisclosure requirement. Any
person who receives a disclosure under this subsection shall be
subject to the same prohibitions on disclosure under paragraph
(1).
``(4) At the request of the authorized investigative agency,
any person making or intending to make a disclosure under this
section shall identify to the requesting official of the
authorized investigative agency the person to whom such
disclosure will be made or to whom such disclosure was made
prior to the request, but in no circumstance shall a person be
required to inform such official that the person intends to
consult an attorney to obtain legal advice or legal
assistance.''.
SEC. 117. VIOLATIONS OF NONDISCLOSURE PROVISIONS OF NATIONAL SECURITY
LETTERS.
Section 1510 of title 18, United States Code, is amended by adding
at the end the following:
``(e) Whoever, having been notified of the applicable disclosure
prohibitions or confidentiality requirements of section 2709(c)(1) of
this title, section 626(d)(1) or 627(c)(1) of the Fair Credit Reporting
Act (15 U.S.C. 1681u(d)(1) or 1681v(c)(1)), section 1114(a)(3)(A) or
1114(a)(5)(D)(i) of the Right to Financial Privacy Act (12 U.S.C.
3414(a)(3)(A) or 3414(a)(5)(D)(i)), or section 802(b)(1) of the National
Security Act of 1947 (50 U.S.C. 436(b)(1)), knowingly and with the
intent to obstruct an investigation or judicial proceeding violates such
prohibitions or requirements applicable by law to such person shall be
imprisoned for not more than five years, fined under this title, or
both.''.
SEC. 118. <<NOTE: 18 USC 3511 note.>> REPORTS ON NATIONAL SECURITY
LETTERS.
(a) Existing Reports.--Any report made to a committee of Congress
regarding national security letters under section 2709(c)(1) of title
18, United States Code, section 626(d) or 627(c) of the Fair Credit
Reporting Act (15 U.S.C. 1681u(d) or 1681v(c)), section 1114(a)(3) or
1114(a)(5)(D) of the Right to Financial Privacy Act (12 U.S.C.
3414(a)(3) or 3414(a)(5)(D)), or section 802(b) of the National Security
Act of 1947 (50 U.S.C. 436(b)) shall also be made to the Committees on
the Judiciary of the House of Representatives and the Senate.
(b) Enhanced Oversight of Fair Credit Reporting Act Counterterrorism
National Security Letter.--Section 627 of the Fair Credit Reporting
Act <<NOTE: 15 USC 1681v.>> (15 U.S.C. 1681(v)) is amended by inserting
at the end the following new subsection:
[[Page 120 STAT. 218]]
``(f) Reports to Congress.--(1) On a semi-annual basis, the Attorney
General shall fully inform the Committee on the Judiciary, the Committee
on Financial Services, and the Permanent Select Committee on
Intelligence of the House of Representatives and the Committee on the
Judiciary, the Committee on Banking, Housing, and Urban Affairs, and the
Select Committee on Intelligence of the Senate concerning all requests
made pursuant to subsection (a).
``(2) In the case of the semiannual reports required to be submitted
under paragraph (1) to the Permanent Select Committee on Intelligence of
the House of Representatives and the Select Committee on Intelligence of
the Senate, the submittal dates for such reports shall be as provided in
section 507 of the National Security Act of 1947 (50 U.S.C. 415b).''.
(c) Report on Requests for National Security Letters.--
(1) In general.--In April of each year, the Attorney General
shall submit to Congress an aggregate report setting forth with
respect to the preceding year the total number of requests made
by the Department of Justice for information concerning
different United States persons under--
(A) section 2709 of title 18, United States Code (to
access certain communication service provider records),
excluding the number of requests for subscriber
information;
(B) section 1114 of the Right to Financial Privacy
Act (12 U.S.C. 3414) (to obtain financial institution
customer records);
(C) section 802 of the National Security Act of 1947
(50 U.S.C. 436) (to obtain financial information,
records, and consumer reports);
(D) section 626 of the Fair Credit Reporting Act (15
U.S.C. 1681u) (to obtain certain financial information
and consumer reports); and
(E) section 627 of the Fair Credit Reporting Act (15
U.S.C. 1681v) (to obtain credit agency consumer records
for counterterrorism investigations).
(2) Unclassified form.--The report under this section shall
be submitted in unclassified form.
(d) National Security Letter Defined.--In this section, the term
``national security letter'' means a request for information under one
of the following provisions of law:
(1) Section 2709(a) of title 18, United States Code (to
access certain communication service provider records).
(2) Section 1114(a)(5)(A) of the Right to Financial Privacy
Act (12 U.S.C. 3414(a)(5)(A)) (to obtain financial institution
customer records).
(3) Section 802 of the National Security Act of 1947 (50
U.S.C. 436) (to obtain financial information, records, and
consumer reports).
(4) Section 626 of the Fair Credit Reporting Act (15 U.S.C.
1681u) (to obtain certain financial information and consumer
reports).
(5) Section 627 of the Fair Credit Reporting Act (15 U.S.C.
1681v) (to obtain credit agency consumer records for
counterterrorism investigations).
[[Page 120 STAT. 219]]
SEC. 119. AUDIT OF USE OF NATIONAL SECURITY LETTERS.
(a) Audit.--The Inspector General of the Department of Justice shall
perform an audit of the effectiveness and use, including any improper or
illegal use, of national security letters issued by the Department of
Justice.
(b) Requirements.--The audit required under subsection (a) shall
include--
(1) an examination of the use of national security letters
by the Department of Justice during calendar years 2003 through
2006;
(2) a description of any noteworthy facts or circumstances
relating to such use, including any improper or illegal use of
such authority; and
(3) an examination of the effectiveness of national security
letters as an investigative tool, including--
(A) the importance of the information acquired by
the Department of Justice to the intelligence activities
of the Department of Justice or to any other department
or agency of the Federal Government;
(B) the manner in which such information is
collected, retained, analyzed, and disseminated by the
Department of Justice, including any direct access to
such information (such as access to ``raw data'')
provided to any other department, agency, or
instrumentality of Federal, State, local, or tribal
governments or any private sector entity;
(C) whether, and how often, the Department of
Justice utilized such information to produce an
analytical intelligence product for distribution within
the Department of Justice, to the intelligence community
(as such term is defined in section 3(4) of the National
Security Act of 1947 (50 U.S.C. 401a(4))), or to other
Federal, State, local, or tribal government departments,
agencies, or instrumentalities;
(D) whether, and how often, the Department of
Justice provided such information to law enforcement
authorities for use in criminal proceedings;
(E) with respect to national security letters issued
following the date of the enactment of this Act, an
examination of the number of occasions in which the
Department of Justice, or an officer or employee of the
Department of Justice, issued a national security letter
without the certification necessary to require the
recipient of such letter to comply with the
nondisclosure and confidentiality requirements
potentially applicable under law; and
(F) the types of electronic communications and
transactional information obtained through requests for
information under section 2709 of title 18, United
States Code, including the types of dialing, routing,
addressing, or signaling information obtained, and the
procedures the Department of Justice uses if content
information is obtained through the use of such
authority.
(c) <<NOTE: Reports.>> Submission Dates.--
(1) Prior years.--Not later than one year after the date of
the enactment of this Act, or upon completion of the audit under
this section for calendar years 2003 and 2004, whichever is
earlier, the Inspector General of the Department of Justice
[[Page 120 STAT. 220]]
shall submit to the Committee on the Judiciary and the Permanent
Select Committee on Intelligence of the House of Representatives
and the Committee on the Judiciary and the Select Committee on
Intelligence of the Senate a report containing the results of
the audit conducted under this subsection for calendar years
2003 and 2004.
(2) Calendar years 2005 and 2006.--Not later than December
31, 2007, or upon completion of the audit under this subsection
for calendar years 2005 and 2006, whichever is earlier, the
Inspector General of the Department of Justice shall submit to
the Committee on the Judiciary and the Permanent Select
Committee on Intelligence of the House of Representatives and
the Committee on the Judiciary and the Select Committee on
Intelligence of the Senate a report containing the results of
the audit conducted under this subsection for calendar years
2005 and 2006.
(d) Prior Notice to Attorney General and Director of National
Intelligence; Comments.--
(1) <<NOTE: Deadline.>> Notice.--Not less than 30 days
before the submission of a report under subsection (c)(1) or
(c)(2), the Inspector General of the Department of Justice shall
provide such report to the Attorney General and the Director of
National Intelligence.
(2) Comments.--The Attorney General or the Director of
National Intelligence may provide comments to be included in the
reports submitted under subsection (c)(1) or (c)(2) as the
Attorney General or the Director of National Intelligence may
consider necessary.
(e) Unclassified Form.--The reports submitted under subsection
(c)(1) or (c)(2) and any comments included under subsection (d)(2) shall
be in unclassified form, but may include a classified annex.
(f) <<NOTE: Deadline.>> Minimization Procedures Feasibility.--Not
later than February 1, 2007, or upon completion of review of the report
submitted under subsection (c)(1), whichever is earlier, the Attorney
General and the Director of National Intelligence shall jointly submit
to the Committee on the Judiciary and the Permanent Select Committee on
Intelligence of the House of Representatives and the Committee on the
Judiciary and the Select Committee on Intelligence of the Senate a
report on the feasibility of applying minimization procedures in the
context of national security letters to ensure the protection of the
constitutional rights of United States persons.
(g) National Security Letter Defined.--In this section, the term
``national security letter'' means a request for information under one
of the following provisions of law:
(1) Section 2709(a) of title 18, United States Code (to
access certain communication service provider records).
(2) Section 1114(a)(5)(A) of the Right to Financial Privacy
Act (12 U.S.C. 3414(a)(5)(A)) (to obtain financial institution
customer records).
(3) Section 802 of the National Security Act of 1947 (50
U.S.C. 436) (to obtain financial information, records, and
consumer reports).
(4) Section 626 of the Fair Credit Reporting Act (15 U.S.C.
1681u) (to obtain certain financial information and consumer
reports).
[[Page 120 STAT. 221]]
(5) Section 627 of the Fair Credit Reporting Act (15 U.S.C.
1681v) (to obtain credit agency consumer records for
counterterrorism investigations).
SEC. 120. DEFINITION FOR FORFEITURE PROVISIONS UNDER SECTION 806 OF THE
USA PATRIOT ACT.
Section 981(a)(1)(G) of title 18, United States Code, is amended--
(1) in clause (i), by striking ``act of international or
domestic terrorism (as defined in section 2331)'' and inserting
``any Federal crime of terrorism (as defined in section
2332b(g)(5))'';
(2) in clause (ii), by striking ``an act of international or
domestic terrorism (as defined in section 2331)'' with ``any
Federal crime of terrorism (as defined in section 2332b(g)(5)'';
and
(3) in clause (iii), by striking ``act of international or
domestic terrorism (as defined in section 2331)'' and inserting
``Federal crime of terrorism (as defined in section
2332b(g)(5))''.
SEC. 121. PENAL PROVISIONS REGARDING TRAFFICKING IN CONTRABAND
CIGARETTES OR SMOKELESS TOBACCO.
(a) Threshold Quantity for Treatment as Contraband Cigarettes.--(1)
Section 2341(2) of title 18, United States Code, is amended by striking
``60,000 cigarettes'' and inserting ``10,000 cigarettes''.
(2) Section 2342(b) of that title is amended by striking ``60,000''
and inserting ``10,000''.
(3) Section 2343 of that title is amended--
(A) in subsection (a), by striking ``60,000'' and inserting
``10,000''; and
(B) in subsection (b), by striking ``60,000'' and inserting
``10,000''.
(b) Contraband Smokeless Tobacco.--(1) Section 2341 of that title is
amended--
(A) in paragraph (4), by striking ``and'' at the end;
(B) in paragraph (5), by striking the period at the end and
inserting a semicolon; and
(C) by adding at the end the following new paragraphs:
``(6) the term `smokeless tobacco' means any finely cut,
ground, powdered, or leaf tobacco that is intended to be placed
in the oral or nasal cavity or otherwise consumed without being
combusted;
``(7) the term `contraband smokeless tobacco' means a
quantity in excess of 500 single-unit consumer-sized cans or
packages of smokeless tobacco, or their equivalent, that are in
the possession of any person other than--
``(A) a person holding a permit issued pursuant to
chapter 52 of the Internal Revenue Code of 1986 as
manufacturer of tobacco products or as an export
warehouse proprietor, a person operating a customs
bonded warehouse pursuant to section 311 or 555 of the
Tariff Act of 1930 (19 U.S.C. 1311, 1555), or an agent
of such person;
``(B) a common carrier transporting such smokeless
tobacco under a proper bill of lading or freight bill
which states the quantity, source, and designation of
such smokeless tobacco;
``(C) a person who--
[[Page 120 STAT. 222]]
``(i) is licensed or otherwise authorized by
the State where such smokeless tobacco is found to
engage in the business of selling or distributing
tobacco products; and
``(ii) has complied with the accounting, tax,
and payment requirements relating to such license
or authorization with respect to such smokeless
tobacco; or
``(D) an officer, employee, or agent of the United
States or a State, or any department, agency, or
instrumentality of the United States or a State
(including any political subdivision of a State), having
possession of such smokeless tobacco in connection with
the performance of official duties;''.
(2) Section 2342(a) of that title is amended by inserting ``or
contraband smokeless tobacco'' after ``contraband cigarettes''.
(3) Section 2343(a) of that title is amended by inserting ``, or any
quantity of smokeless tobacco in excess of 500 single-unit consumer-
sized cans or packages,'' before ``in a single transaction''.
(4) Section 2344(c) of that title is amended by inserting ``or
contraband smokeless tobacco'' after ``contraband cigarettes''.
(5) Section 2345 of that title is amended by inserting ``or
smokeless tobacco'' after ``cigarettes'' each place it appears.
(6) Section 2341 of that title is further amended in paragraph (2),
as amended by subsection (a)(1) of this section, in the matter preceding
subparagraph (A), by striking ``State cigarette taxes in the State where
such cigarettes are found, if the State'' and inserting ``State or local
cigarette taxes in the State or locality where such cigarettes are
found, if the State or local government''.
(c) Recordkeeping, Reporting, and Inspection.--Section 2343 of that
title, as amended by this section, is further amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
striking ``only--'' and inserting ``such information as
the Attorney General considers appropriate for purposes
of enforcement of this chapter, including--''; and
(B) in the flush matter following paragraph (3), by
striking the second sentence;
(2) by redesignating subsection (b) as subsection (c);
(3) by inserting after subsection (a) the following new
subsection (b):
``(b) Any person, except for a tribal government, who engages in a
delivery sale, and who ships, sells, or distributes any quantity in
excess of 10,000 cigarettes, or any quantity in excess of 500 single-
unit consumer-sized cans or packages of smokeless tobacco, or their
equivalent, within a single month, shall submit to the Attorney General,
pursuant to rules or regulations prescribed by the Attorney General, a
report that sets forth the following:
``(1) The person's beginning and ending inventory of
cigarettes and cans or packages of smokeless tobacco (in total)
for such month.
``(2) The total quantity of cigarettes and cans or packages
of smokeless tobacco that the person received within such month
from each other person (itemized by name and address).
``(3) The total quantity of cigarettes and cans or packages
of smokeless tobacco that the person distributed within such
[[Page 120 STAT. 223]]
month to each person (itemized by name and address) other than a
retail purchaser.''; and
(4) by adding at the end the following new subsections:
``(d) Any report required to be submitted under this chapter to the
Attorney General shall also be submitted to the Secretary of the
Treasury and to the attorneys general and the tax administrators of the
States from where the shipments, deliveries, or distributions both
originated and concluded.
``(e) In this section, the term `delivery sale' means any sale of
cigarettes or smokeless tobacco in interstate commerce to a consumer
if--
``(1) the consumer submits the order for such sale by means
of a telephone or other method of voice transmission, the mails,
or the Internet or other online service, or by any other means
where the consumer is not in the same physical location as the
seller when the purchase or offer of sale is made; or
``(2) the cigarettes or smokeless tobacco are delivered by
use of the mails, common carrier, private delivery service, or
any other means where the consumer is not in the same physical
location as the seller when the consumer obtains physical
possession of the cigarettes or smokeless tobacco.
``(f) In this section, the term `interstate commerce' means commerce
between a State and any place outside the State, or commerce between
points in the same State but through any place outside the State.''.
(d) Disposal or Use of Forfeited Cigarettes and Smokeless Tobacco.--
Section 2344(c) of that title, as amended by this section, is further
amended by striking ``seizure and forfeiture,'' and all that follows and
inserting ``seizure and forfeiture. The provisions of chapter 46 of
title 18 relating to civil forfeitures shall extend to any seizure or
civil forfeiture under this section. Any cigarettes or smokeless tobacco
so seized and forfeited shall be either--
``(1) destroyed and not resold; or
``(2) used for undercover investigative operations for the
detection and prosecution of crimes, and then destroyed and not
resold.''.
(e) Effect on State and Local Law.--Section 2345 of that title is
amended--
(1) in subsection (a), by striking ``a State to enact and
enforce'' and inserting ``a State or local government to enact
and enforce its own''; and
(2) in subsection (b), by striking ``of States, through
interstate compact or otherwise, to provide for the
administration of State'' and inserting ``of State or local
governments, through interstate compact or otherwise, to provide
for the administration of State or local''.
(f) Enforcement.--Section 2346 of that title is amended--
(1) by inserting ``(a)'' before ``The Attorney General'';
and
(2) by adding at the end the following new subsection:
``(b)(1) A State, through its attorney general, a local government,
through its chief law enforcement officer (or a designee thereof), or
any person who holds a permit under chapter 52 of the Internal Revenue
Code of 1986, may bring an action in the United States district courts
to prevent and restrain violations of this chapter by any person (or by
any person controlling such person), except that any person who holds a
permit under chapter 52 of the Internal
[[Page 120 STAT. 224]]
Revenue Code of 1986 may not bring such an action against a State or
local government. No civil action may be commenced under this paragraph
against an Indian tribe or an Indian in Indian country (as defined in
section 1151).
``(2) A State, through its attorney general, or a local government,
through its chief law enforcement officer (or a designee thereof), may
in a civil action under paragraph (1) also obtain any other appropriate
relief for violations of this chapter from any person (or by any person
controlling such person), including civil penalties, money damages, and
injunctive or other equitable relief. Nothing in this chapter shall be
deemed to abrogate or constitute a waiver of any sovereign immunity of a
State or local government, or an Indian tribe against any unconsented
lawsuit under this chapter, or otherwise to restrict, expand, or modify
any sovereign immunity of a State or local government, or an Indian
tribe.
``(3) The remedies under paragraphs (1) and (2) are in addition to
any other remedies under Federal, State, local, or other law.
``(4) Nothing in this chapter shall be construed to expand,
restrict, or otherwise modify any right of an authorized State official
to proceed in State court, or take other enforcement actions, on the
basis of an alleged violation of State or other law.
``(5) Nothing in this chapter shall be construed to expand,
restrict, or otherwise modify any right of an authorized local
government official to proceed in State court, or take other enforcement
actions, on the basis of an alleged violation of local or other law.''.
(g) Conforming and Clerical Amendments.--(1) The section heading for
section 2343 of that title is amended to read as follows:
``Sec. 2343. Recordkeeping, reporting, and inspection''.
(2) The section heading for section 2345 of such title is amended to
read as follows:
``Sec. 2345. Effect on State and local law''.
(3) The table of sections at the beginning of chapter 114 of that
title is amended--
(A) by striking the item relating to section 2343 and
inserting the following new item:
``2343. Recordkeeping, reporting, and inspection.'';
and
(B) by striking the item relating to section 2345 and
inserting the following new item:
``2345. Effect on State and local law.''.
(4)(A) The heading for chapter 114 of that title is amended to read
as follows:
``CHAPTER 114--TRAFFICKING IN CONTRABAND CIGARETTES AND SMOKELESS
TOBACCO''.
(B) The table of chapters at the beginning of part I of that title
is amended by striking the item relating to section 114 and inserting
the following new item:
``114. Trafficking in contraband cigarettes and smokeless tobacc2341.''.
[[Page 120 STAT. 225]]
SEC. 122. PROHIBITION OF NARCO-TERRORISM.
Part A of the Controlled Substance Import and Export Act (21 U.S.C.
951 et seq.) is amended by inserting after section 1010 the following:
``Foreign terrorist organizations, terrorist persons and groups
``Prohibited Acts
``Sec. 1010A. <<NOTE: 21 USC 960a.>> (a) Whoever engages in conduct
that would be punishable under section 841(a) of this title if committed
within the jurisdiction of the United States, or attempts or conspires
to do so, knowing or intending to provide, directly or indirectly,
anything of pecuniary value to any person or organization that has
engaged or engages in terrorist activity (as defined in section
212(a)(3)(B) of the Immigration and Nationality Act) or terrorism (as
defined in section 140(d)(2) of the Foreign Relations Authorization Act,
Fiscal Years 1988 and 1989), shall be sentenced to a term of
imprisonment of not less than twice the minimum punishment under section
841(b)(1), and not more than life, a fine in accordance with the
provisions of title 18, United States Code, or both. Notwithstanding
section 3583 of title 18, United States Code, any sentence imposed under
this subsection shall include a term of supervised release of at least 5
years in addition to such term of imprisonment.
``Jurisdiction
``(b) There is jurisdiction over an offense under this section if--
``(1) the prohibited drug activity or the terrorist offense
is in violation of the criminal laws of the United States;
``(2) the offense, the prohibited drug activity, or the
terrorist offense occurs in or affects interstate or foreign
commerce;
``(3) an offender provides anything of pecuniary value for a
terrorist offense that causes or is designed to cause death or
serious bodily injury to a national of the United States while
that national is outside the United States, or substantial
damage to the property of a legal entity organized under the
laws of the United States (including any of its States,
districts, commonwealths, territories, or possessions) while
that property is outside of the United States;
``(4) the offense or the prohibited drug activity occurs in
whole or in part outside of the United States (including on the
high seas), and a perpetrator of the offense or the prohibited
drug activity is a national of the United States or a legal
entity organized under the laws of the United States (including
any of its States, districts, commonwealths, territories, or
possessions); or
``(5) after the conduct required for the offense occurs an
offender is brought into or found in the United States, even if
the conduct required for the offense occurs outside the United
States.
[[Page 120 STAT. 226]]
``Proof Requirements
``(c) To violate subsection (a), a person must have knowledge that
the person or organization has engaged or engages in terrorist activity
(as defined in section 212(a)(3)(B) of the Immigration and Nationality
Act) or terrorism (as defined in section 140(d)(2) of the Foreign
Relations Authorization Act, Fiscal Years 1988 and 1989).
``Definition
``(d) As used in this section, the term `anything of pecuniary
value' has the meaning given the term in section 1958(b)(1) of title 18,
United States Code.''.
SEC. 123. INTERFERING WITH THE OPERATION OF AN AIRCRAFT.
Section 32 of title 18, United States Code, is amended--
(1) in subsection (a), by redesignating paragraphs (5), (6),
and (7) as paragraphs (6), (7), and (8) respectively;
(2) by inserting after paragraph (4) of subsection (a), the
following:
``(5) interferes with or disables, with intent to endanger
the safety of any person or with a reckless disregard for the
safety of human life, anyone engaged in the authorized operation
of such aircraft or any air navigation facility aiding in the
navigation of any such aircraft;'';
(3) in subsection (a)(8), by striking ``paragraphs (1)
through (6)'' and inserting ``paragraphs (1) through (7)''; and
(4) in subsection (c), by striking ``paragraphs (1) through
(5)'' and inserting ``paragraphs (1) through (6)''.
SEC. 124. SENSE OF CONGRESS RELATING TO LAWFUL POLITICAL ACTIVITY.
It is the sense of Congress that government should not investigate
an American citizen solely on the basis of the citizen's membership in a
non-violent political organization or the fact that the citizen was
engaging in other lawful political activity.
SEC. 125. <<NOTE: 15 USC 2233.>> REMOVAL OF CIVIL LIABILITY BARRIERS
THAT DISCOURAGE THE DONATION OF FIRE EQUIPMENT TO VOLUNTEER
FIRE COMPANIES.
(a) Liability Protection.--A person who donates qualified fire
control or rescue equipment to a volunteer fire company shall not be
liable for civil damages under any State or Federal law for personal
injuries, property damage or loss, or death caused by the equipment
after the donation.
(b) Exceptions.--Subsection (a) does not apply to a person if--
(1) the person's act or omission causing the injury, damage,
loss, or death constitutes gross negligence or intentional
misconduct;
(2) the person is the manufacturer of the qualified fire
control or rescue equipment; or
(3) the person or agency modified or altered the equipment
after it had been recertified by an authorized technician as
meeting the manufacturer's specifications.
(c) Preemption.--This section preempts the laws of any State to the
extent that such laws are inconsistent with this section,
[[Page 120 STAT. 227]]
except that notwithstanding subsection (b) this section shall not
preempt any State law that provides additional protection from liability
for a person who donates fire control or fire rescue equipment to a
volunteer fire company.
(d) Definitions.--In this section:
(1) Person.--The term ``person'' includes any governmental
or other entity.
(2) Fire control or rescue equipment.--The term ``fire
control or fire rescue equipment'' includes any fire vehicle,
fire fighting tool, communications equipment, protective gear,
fire hose, or breathing apparatus.
(3) Qualified fire control or rescue equipment.--The term
``qualified fire control or rescue equipment'' means fire
control or fire rescue equipment that has been recertified by an
authorized technician as meeting the manufacturer's
specifications.
(4) State.--The term ``State'' includes the several States,
the District of Columbia, the Commonwealth of Puerto Rico, the
Commonwealth of the Northern Mariana Islands, American Samoa,
Guam, the Virgin Islands, any other territory or possession of
the United States, and any political subdivision of any such
State, territory, or possession.
(5) Volunteer fire company.--The term ``volunteer fire
company'' means an association of individuals who provide fire
protection and other emergency services, where at least 30
percent of the individuals receive little or no compensation
compared with an entry level full-time paid individual in that
association or in the nearest such association with an entry
level full-time paid individual.
(6) Authorized technician.--The term ``authorized
technician'' means a technician who has been certified by the
manufacturer of fire control or fire rescue equipment to inspect
such equipment. The technician need not be employed by the State
or local agency administering the distribution of the fire
control or fire rescue equipment.
(e) Effective Date.--This section applies only to liability for
injury, damage, loss, or death caused by equipment that, for purposes of
subsection (a), is donated on or after the date that is 30 days after
the date of the enactment of this section.
SEC. 126. REPORT ON DATA-MINING ACTIVITIES.
(a) Report.--Not later than one year after the date of the enactment
of this Act, the Attorney General shall submit to Congress a report on
any initiative of the Department of Justice that uses or is intended to
develop pattern-based data-mining technology, including, for each such
initiative, the following information:
(1) A thorough description of the pattern-based data-mining
technology consistent with the protection of existing patents,
proprietary business processes, trade secrets, and intelligence
sources and methods.
(2) A thorough discussion of the plans for the use of such
technology and the target dates for the deployment of the
pattern-based data-mining technology.
(3) An assessment of the likely efficacy of the pattern-
based data-mining technology quality assurance controls to be
used in providing accurate and valuable information consistent
with the stated plans for the use of the technology.
[[Page 120 STAT. 228]]
(4) An assessment of the likely impact of the implementation
of the pattern-based data-mining technology on privacy and civil
liberties.
(5) A list and analysis of the laws and regulations
applicable to the Department of Justice that govern the
application of the pattern-based data-mining technology to the
information to be collected, reviewed, gathered, and analyzed
with the pattern-based data-mining technology.
(6) A thorough discussion of the policies, procedures, and
guidelines of the Department of Justice that are to be developed
and applied in the use of such technology for pattern-based
data-mining in order to--
(A) protect the privacy and due process rights of
individuals; and
(B) ensure that only accurate information is
collected and used or account for the possibility of
inaccuracy in that information and guard against harmful
consequences of potential inaccuracies.
(7) Any necessary classified information in an annex that
shall be available consistent with national security to the
Committee on the Judiciary of both the Senate and the House of
Representatives.
(b) Definitions.--In this section:
(1) Data-mining.--The term ``data-mining'' means a query or
search or other analysis of one or more electronic databases,
where--
(A) at least one of the databases was obtained from
or remains under the control of a non-Federal entity, or
the information was acquired initially by another
department or agency of the Federal Government for
purposes other than intelligence or law enforcement;
(B) the search does not use personal identifiers of
a specific individual or does not utilize inputs that
appear on their face to identify or be associated with a
specified individual to acquire information; and
(C) a department or agency of the Federal Government
is conducting the query or search or other analysis to
find a pattern indicating terrorist or other criminal
activity.
(2) Database.--The term ``database'' does not include
telephone directories, information publicly available via the
Internet or available by any other means to any member of the
public, any databases maintained, operated, or controlled by a
State, local, or tribal government (such as a State motor
vehicle database), or databases of judicial and administrative
opinions.
SEC. 127. SENSE OF CONGRESS.
It is the sense of Congress that under section 981 of title 18,
United States Code, victims of terrorists attacks should have access to
the assets forfeited.
SEC. 128. USA PATRIOT ACT SECTION 214; AUTHORITY FOR DISCLOSURE OF
ADDITIONAL INFORMATION IN CONNECTION WITH ORDERS FOR PEN
REGISTER AND TRAP AND TRACE AUTHORITY UNDER FISA.
(a) Records.--Section 402(d)(2) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1842(d)(2)) is amended--
(1) in subparagraph (A)--
[[Page 120 STAT. 229]]
(A) in clause (ii), by adding ``and'' at the end;
and
(B) in clause (iii), by striking the period at the
end and inserting a semicolon;
(2) in subparagraph (B)(iii), by striking the period at the
end and inserting ``; and''; and
(3) by adding at the end the following:
``(C) shall direct that, upon the request of the
applicant, the provider of a wire or electronic
communication service shall disclose to the Federal
officer using the pen register or trap and trace device
covered by the order--
``(i) in the case of the customer or
subscriber using the service covered by the order
(for the period specified by the order)--
``(I) the name of the customer or
subscriber;
``(II) the address of the customer
or subscriber;
``(III) the telephone or instrument
number, or other subscriber number or
identifier, of the customer or
subscriber, including any temporarily
assigned network address or associated
routing or transmission information;
``(IV) the length of the provision
of service by such provider to the
customer or subscriber and the types of
services utilized by the customer or
subscriber;
``(V) in the case of a provider of
local or long distance telephone
service, any local or long distance
telephone records of the customer or
subscriber;
``(VI) if applicable, any records
reflecting period of usage (or sessions)
by the customer or subscriber; and
``(VII) any mechanisms and sources
of payment for such service, including
the number of any credit card or bank
account utilized for payment for such
service; and
``(ii) if available, with respect to any
customer or subscriber of incoming or outgoing
communications to or from the service covered by
the order--
``(I) the name of such customer or
subscriber;
``(II) the address of such customer
or subscriber;
``(III) the telephone or instrument
number, or other subscriber number or
identifier, of such customer or
subscriber, including any temporarily
assigned network address or associated
routing or transmission information; and
``(IV) the length of the provision
of service by such provider to such
customer or subscriber and the types of
services utilized by such customer or
subscriber.''.
(b) Enhanced Oversight.--Section 406(a) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1846(a)) is amended by inserting ``,
and the Committee on the Judiciary of the House of Representatives and
the Committee on the Judiciary of the Senate,'' after ``of the Senate''.
[[Page 120 STAT. 230]]
TITLE II-- <<NOTE: Terrorist Death Penalty Enhancement Act of
2005.>> TERRORIST DEATH PENALTY ENHANCEMENT
SEC. 201. <<NOTE: 18 USC 1 note.>> SHORT TITLE.
This title may be cited as the ``Terrorist Death Penalty Enhancement
Act of 2005''.
Subtitle A--Terrorist Penalties Enhancement Act
SEC. 211. <<NOTE: 49 USC 46502 note.>> DEATH PENALTY PROCEDURES FOR
CERTAIN AIR PIRACY CASES OCCURRING BEFORE ENACTMENT OF THE
FEDERAL DEATH PENALTY ACT OF 1994.
(a) In General.--Section 60003 of the Violent Crime Control and Law
Enforcement Act of 1994 <<NOTE: 49 USC 46502 note.>> (Public Law 103-
322), is amended, as of the time of its enactment, by adding at the end
the following:
``(c) Death Penalty Procedures for Certain Previous Aircraft Piracy
Violations.--An individual convicted of violating section 46502 of title
49, United States Code, or its predecessor, may be sentenced to death in
accordance with the procedures established in chapter 228 of title 18,
United States Code, if for any offense committed before the enactment of
the Violent Crime Control and Law Enforcement Act of 1994 (Public Law
103-322), but after the enactment of the Antihijacking Act of 1974
(Public Law 93-366), it is determined by the finder of fact, before
consideration of the factors set forth in sections 3591(a)(2) and
3592(a) and (c) of title 18, United States Code, that one or more of the
factors set forth in former section 46503(c)(2) of title 49, United
States Code, or its predecessor, has been proven by the Government to
exist, beyond a reasonable doubt, and that none of the factors set forth
in former section 46503(c)(1) of title 49, United States Code, or its
predecessor, has been proven by the defendant to exist, by a
preponderance of the information. The meaning of the term `especially
heinous, cruel, or depraved', as used in the factor set forth in former
section 46503(c)(2)(B)(iv) of title 49, United States Code, or its
predecessor, shall be narrowed by adding the limiting language `in that
it involved torture or serious physical abuse to the victim', and shall
be construed as when that term is used in section 3592(c)(6) of title
18, United States Code.''.
(b) Severability Clause.--If any provision of section 60003(b)(2) of
the Violent Crime and Law Enforcement Act of 1994 (Public Law 103-322),
or the application thereof to any person or any circumstance is held
invalid, the remainder of such section and the application of such
section to other persons or circumstances shall not be affected thereby.
SEC. 212. POSTRELEASE SUPERVISION OF TERRORISTS.
Section 3583(j) of title 18, United States Code, is amended in
subsection (j), by striking ``, the commission'' and all that follows
through ``person,''.
[[Page 120 STAT. 231]]
Subtitle B--Federal Death Penalty Procedures
SEC. 221. ELIMINATION OF PROCEDURES APPLICABLE ONLY TO CERTAIN
CONTROLLED SUBSTANCES ACT CASES.
Section 408 of the Controlled Substances Act (21 U.S.C. 848) is
amended--
(1) in subsection (e)(2), by striking ``(1)(b)'' and
inserting ``(1)(B)'';
(2) by striking subsection (g) and all that follows through
subsection (p);
(3) by striking subsection (r); and
(4) in subsection (q), by striking paragraphs (1) through
(3).
SEC. 222. COUNSEL FOR FINANCIALLY UNABLE DEFENDANTS.
(a) In General.--Chapter 228 of title 18, United States Code, is
amended by adding at the end the following new section:
``Sec. 3599. Counsel for financially unable defendants
``(a)(1) Notwithstanding any other provision of law to the contrary,
in every criminal action in which a defendant is charged with a crime
which may be punishable by death, a defendant who is or becomes
financially unable to obtain adequate representation or investigative,
expert, or other reasonably necessary services at any time either--
``(A) before judgment; or
``(B) after the entry of a judgment imposing a sentence of
death but before the execution of that judgment;
shall be entitled to the appointment of one or more attorneys and the
furnishing of such other services in accordance with subsections (b)
through (f).
``(2) In any post conviction proceeding under section 2254 or 2255
of title 28, United States Code, seeking to vacate or set aside a death
sentence, any defendant who is or becomes financially unable to obtain
adequate representation or investigative, expert, or other reasonably
necessary services shall be entitled to the appointment of one or more
attorneys and the furnishing of such other services in accordance with
subsections (b) through (f).
``(b) If the appointment is made before judgment, at least one
attorney so appointed must have been admitted to practice in the court
in which the prosecution is to be tried for not less than five years,
and must have had not less than three years experience in the actual
trial of felony prosecutions in that court.
``(c) If the appointment is made after judgment, at least one
attorney so appointed must have been admitted to practice in the court
of appeals for not less than five years, and must have had not less than
three years experience in the handling of appeals in that court in
felony cases.
``(d) With respect to subsections (b) and (c), the court, for good
cause, may appoint another attorney whose background, knowledge, or
experience would otherwise enable him or her to properly represent the
defendant, with due consideration to the seriousness of the possible
penalty and to the unique and complex nature of the litigation.
[[Page 120 STAT. 232]]
``(e) Unless replaced by similarly qualified counsel upon the
attorney's own motion or upon motion of the defendant, each attorney so
appointed shall represent the defendant throughout every subsequent
stage of available judicial proceedings, including pretrial proceedings,
trial, sentencing, motions for new trial, appeals, applications for writ
of certiorari to the Supreme Court of the United States, and all
available post-conviction process, together with applications for stays
of execution and other appropriate motions and procedures, and shall
also represent the defendant in such competency proceedings and
proceedings for executive or other clemency as may be available to the
defendant.
``(f) Upon a finding that investigative, expert, or other services
are reasonably necessary for the representation of the defendant,
whether in connection with issues relating to guilt or the sentence, the
court may authorize the defendant's attorneys to obtain such services on
behalf of the defendant and, if so authorized, shall order the payment
of fees and expenses therefor under subsection (g). No ex parte
proceeding, communication, or request may be considered pursuant to this
section unless a proper showing is made concerning the need for
confidentiality. <<NOTE: Records.>> Any such proceeding, communication,
or request shall be transcribed and made a part of the record available
for appellate review.
``(g)(1) <<NOTE: Compensation.>> Compensation shall be paid to
attorneys appointed under this subsection at a rate of not more than
$125 per hour for in-court and out-of-court time. The Judicial
Conference is authorized to raise the maximum for hourly payment
specified in the paragraph up to the aggregate of the overall average
percentages of the adjustments in the rates of pay for the General
Schedule made pursuant to section 5305 of title 5 on or after such date.
After the rates are raised under the preceding sentence, such hourly
range may be raised at intervals of not less than one year, up to the
aggregate of the overall average percentages of such adjustments made
since the last raise under this paragraph.
``(2) Fees and expenses paid for investigative, expert, and other
reasonably necessary services authorized under subsection (f) shall not
exceed $7,500 in any case, unless payment in excess of that limit is
certified by the court, or by the United States magistrate judge, if the
services were rendered in connection with the case disposed of entirely
before such magistrate judge, as necessary to provide fair compensation
for services of an unusual character or duration, and the amount of the
excess payment is approved by the chief judge of the circuit. The chief
judge of the circuit may delegate such approval authority to an active
circuit judge.
``(3) The amounts paid under this paragraph for services in any case
shall be disclosed to the public, after the disposition of the
petition.''.
(b) Conforming Amendment.--The table of sections of the bill is
amended by inserting after the item relating to section 3598 the
following new item:
``3599. Counsel for financially unable defendants.''.
(c) Repeal.--Subsection (q) of section 408 of the Controlled
Substances Act <<NOTE: 21 USC 848.>> is amended by striking paragraphs
(4) through (10).
[[Page 120 STAT. 233]]
TITLE III-- <<NOTE: Reducing Crime and Terrorism at America's Seaports
Act of 2005.>> REDUCING CRIME AND TERRORISM AT AMERICA'S SEAPORTS
SEC. 301. <<NOTE: 18 USC 1 note.>> SHORT TITLE.
This title may be cited as the ``Reducing Crime and Terrorism at
America's Seaports Act of 2005''.
SEC. 302. ENTRY BY FALSE PRETENSES TO ANY SEAPORT.
(a) In General.--Section 1036 of title 18, United States Code, is
amended--
(1) in subsection (a)--
(A) in paragraph (2), by striking ``or'' at the end;
(B) by redesignating paragraph (3) as paragraph (4);
and
(C) by inserting after paragraph (2) the following:
``(3) any secure or restricted area of any seaport,
designated as secure in an approved security plan, as required
under section 70103 of title 46, United States Code, and the
rules and regulations promulgated under that section; or'';
(2) in subsection (b)(1), by striking ``5 years'' and
inserting ``10 years'';
(3) in subsection (c)(1), by inserting ``, captain of the
seaport,'' after ``airport authority''; and
(4) by striking the section heading and inserting the
following:
``Sec. 1036. Entry by false pretenses to any real property, vessel, or
aircraft of the United States or secure area of
any airport or seaport''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 47 of title 18 is amended by striking the matter relating to
section 1036 and inserting the following:
``1036. Entry by false pretenses to any real property, vessel, or
aircraft of the United States or secure area of any airport
or seaport.''.
(c) Definition of Seaport.--Chapter 1 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 26. Definition of seaport
``As used in this title, the term `seaport' means all piers,
wharves, docks, and similar structures, adjacent to any waters subject
to the jurisdiction of the United States, to which a vessel may be
secured, including areas of land, water, or land and water under and in
immediate proximity to such structures, buildings on or contiguous to
such structures, and the equipment and materials on such structures or
in such buildings.''.
(d) Technical and Conforming Amendment.--The table of sections for
chapter 1 of title 18 is amended by inserting after the matter relating
to section 25 the following:
``26. Definition of seaport.''.
SEC. 303. CRIMINAL SANCTIONS FOR FAILURE TO HEAVE TO, OBSTRUCTION OF
BOARDING, OR PROVIDING FALSE INFORMATION.
(a) Offense.--Chapter 109 of title 18, United States Code, is
amended by adding at the end the following:
[[Page 120 STAT. 234]]
``Sec. 2237. Criminal sanctions for failure to heave to, obstruction of
boarding, or providing false information
``(a)(1) It shall be unlawful for the master, operator, or person in
charge of a vessel of the United States, or a vessel subject to the
jurisdiction of the United States, to knowingly fail to obey an order by
an authorized Federal law enforcement officer to heave to that vessel.
``(2) It shall be unlawful for any person on board a vessel of the
United States, or a vessel subject to the jurisdiction of the United
States, to--
``(A) forcibly resist, oppose, prevent, impede, intimidate,
or interfere with a boarding or other law enforcement action
authorized by any Federal law or to resist a lawful arrest; or
``(B) provide materially false information to a Federal law
enforcement officer during a boarding of a vessel regarding the
vessel's destination, origin, ownership, registration,
nationality, cargo, or crew.
``(b) Any person who intentionally violates this section shall be
fined under this title or imprisoned for not more than 5 years, or both.
``(c) This section does not limit the authority of a customs officer
under section 581 of the Tariff Act of 1930 (19 U.S.C. 1581), or any
other provision of law enforced or administered by the Secretary of the
Treasury or the Secretary of Homeland Security, or the authority of any
Federal law enforcement officer under any law of the United States, to
order a vessel to stop or heave to.
``(d) A foreign nation may consent or waive objection to the
enforcement of United States law by the United States under this section
by radio, telephone, or similar oral or electronic means. Consent or
waiver may be proven by certification of the Secretary of State or the
designee of the Secretary of State.
``(e) In this section--
``(1) the term `Federal law enforcement officer' has the
meaning given the term in section 115(c);
``(2) the term `heave to' means to cause a vessel to slow,
come to a stop, or adjust its course or speed to account for the
weather conditions and sea state to facilitate a law enforcement
boarding;
``(3) the term `vessel subject to the jurisdiction of the
United States' has the meaning given the term in section 2 of
the Maritime Drug Law Enforcement Act (46 U.S.C. App. 1903); and
``(4) the term `vessel of the United States' has the meaning
given the term in section 2 of the Maritime Drug Law Enforcement
Act (46 U.S.C. App. 1903).''.
(b) Conforming Amendment.--The table of sections for chapter 109,
title 18, United States Code, is amended by inserting after the item for
section 2236 the following:
``2237. Criminal sanctions for failure to heave to, obstruction of
boarding, or providing false information.''.
SEC. 304. CRIMINAL SANCTIONS FOR VIOLENCE AGAINST MARITIME NAVIGATION,
PLACEMENT OF DESTRUCTIVE DEVICES.
(a) Placement of Destructive Devices.--
[[Page 120 STAT. 235]]
(1) In general.--Chapter 111 of title 18, United States
Code, as amended by subsection (a), is further amended by adding
at the end the following:
``Sec. 2282A. Devices or dangerous substances in waters of the United
States likely to destroy or damage ships or to
interfere with maritime commerce
``(a) A person who knowingly places, or causes to be placed, in
navigable waters of the United States, by any means, a device or
dangerous substance which is likely to destroy or cause damage to a
vessel or its cargo, cause interference with the safe navigation of
vessels, or interference with maritime commerce (such as by damaging or
destroying marine terminals, facilities, or any other marine structure
or entity used in maritime commerce) with the intent of causing such
destruction or damage, interference with the safe navigation of vessels,
or interference with maritime commerce shall be fined under this title
or imprisoned for any term of years, or for life; or both.
``(b) A person who causes the death of any person by engaging in
conduct prohibited under subsection (a) may be punished by death.
``(c) Nothing in this section shall be construed to apply to
otherwise lawfully authorized and conducted activities of the United
States Government.
``(d) In this section:
``(1) The term `dangerous substance' means any solid,
liquid, or gaseous material that has the capacity to cause
damage to a vessel or its cargo, or cause interference with the
safe navigation of a vessel.
``(2) The term `device' means any object that, because of
its physical, mechanical, structural, or chemical properties,
has the capacity to cause damage to a vessel or its cargo, or
cause interference with the safe navigation of a vessel.''.
(2) Conforming amendment.--The table of sections for chapter
111 of title 18, United States Code, as amended by subsection
(b), is further amended by adding after the item related to
section 2282 the following:
``2282A. Devices or dangerous substances in waters of the United States
likely to destroy or damage ships or to interfere with
maritime commerce.''.
(b) Violence Against Maritime Navigation.--
(1) In general.--Chapter 111 of title 18, United States Code
as amended by subsections (a) and (c), is further amended by
adding at the end the following:
``Sec. 2282B. Violence against aids to maritime navigation
``Whoever intentionally destroys, seriously damages, alters, moves,
or tampers with any aid to maritime navigation maintained by the Saint
Lawrence Seaway Development Corporation under the authority of section 4
of the Act of May 13, 1954 (33 U.S.C. 984), by the Coast Guard pursuant
to section 81 of title 14, United States Code, or lawfully maintained
under authority granted by the Coast Guard pursuant to section 83 of
title 14, United States Code, if such act endangers or is likely to
endanger the safe navigation of a ship, shall be fined under this title
or imprisoned for not more than 20 years, or both.''.
(2) Conforming amendment.--The table of sections for chapter
111 of title 18, United States Code, as amended by
[[Page 120 STAT. 236]]
subsections (b) and (d) is further amended by adding after the
item related to section 2282A the following:
``2282B. Violence against aids to maritime navigation.''.
SEC. 305. TRANSPORTATION OF DANGEROUS MATERIALS AND TERRORISTS.
(a) Transportation of Dangerous Materials and Terrorists.--Chapter
111 of title 18, as amended by section 305, is further amended by adding
at the end the following:
``Sec. 2283. Transportation of explosive, biological, chemical, or
radioactive or nuclear materials
``(a) In General.--Whoever knowingly transports aboard any vessel
within the United States and on waters subject to the jurisdiction of
the United States or any vessel outside the United States and on the
high seas or having United States nationality an explosive or incendiary
device, biological agent, chemical weapon, or radioactive or nuclear
material, knowing that any such item is intended to be used to commit an
offense listed under section 2332b(g)(5)(B), shall be fined under this
title or imprisoned for any term of years or for life, or both.
``(b) Causing Death.--Any person who causes the death of a person by
engaging in conduct prohibited by subsection (a) may be punished by
death.
``(c) Definitions.--In this section:
``(1) Biological agent.--The term `biological agent' means
any biological agent, toxin, or vector (as those terms are
defined in section 178).
``(2) By-product material.--The term `by-product material'
has the meaning given that term in section 11(e) of the Atomic
Energy Act of 1954 (42 U.S.C. 2014(e)).
``(3) Chemical weapon.--The term `chemical weapon' has the
meaning given that term in section 229F(1).
``(4) Explosive or incendiary device.--The term `explosive
or incendiary device' has the meaning given the term in section
232(5) and includes explosive materials, as that term is defined
in section 841(c) and explosive as defined in section 844(j).
``(5) Nuclear material.--The term `nuclear material' has the
meaning given that term in section 831(f)(1).
``(6) Radioactive material.--The term `radioactive material'
means--
``(A) source material and special nuclear material,
but does not include natural or depleted uranium;
``(B) nuclear by-product material;
``(C) material made radioactive by bombardment in an
accelerator; or
``(D) all refined isotopes of radium.
``(8) Source material.--The term `source material' has the
meaning given that term in section 11(z) of the Atomic Energy
Act of 1954 (42 U.S.C. 2014(z)).
``(9) Special nuclear material.--The term `special nuclear
material' has the meaning given that term in section 11(aa) of
the Atomic Energy Act of 1954 (42 U.S.C. 2014(aa)).
[[Page 120 STAT. 237]]
``Sec. 2284. Transportation of terrorists
``(a) In General.--Whoever knowingly and intentionally transports
any terrorist aboard any vessel within the United States and on waters
subject to the jurisdiction of the United States or any vessel outside
the United States and on the high seas or having United States
nationality, knowing that the transported person is a terrorist, shall
be fined under this title or imprisoned for any term of years or for
life, or both.
``(b) Defined Term.--In this section, the term `terrorist' means any
person who intends to commit, or is avoiding apprehension after having
committed, an offense listed under section 2332b(g)(5)(B).''.
(b) Conforming Amendment.--The table of sections for chapter 111 of
title 18, United States Code, as amended by section 305, is further
amended by adding at the end the following:
``2283. Transportation of explosive, chemical, biological, or
radioactive or nuclear materials.
``2284. Transportation of terrorists.''.
SEC. 306. DESTRUCTION OF, OR INTERFERENCE WITH, VESSELS OR MARITIME
FACILITIES.
(a) In General.--Title 18, United States Code, is amended by
inserting after chapter 111 the following:
``CHAPTER 111A--DESTRUCTION OF, OR INTERFERENCE WITH, VESSELS OR
MARITIME FACILITIES
``Sec.
``2290. Jurisdiction and scope.
``2291. Destruction of vessel or maritime facility.
``2292. Imparting or conveying false information.
``Sec. 2290. Jurisdiction and scope
``(a) Jurisdiction.--There is jurisdiction, including
extraterritorial jurisdiction, over an offense under this chapter if the
prohibited activity takes place--
``(1) within the United States and within waters subject to
the jurisdiction of the United States; or
``(2) outside United States and--
``(A) an offender or a victim is a national of the
United States (as that term is defined under section
101(a)(22) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(22));
``(B) the activity involves a vessel in which a
national of the United States was on board; or
``(C) the activity involves a vessel of the United
States (as that term is defined under section 2 of the
Maritime Drug Law Enforcement Act (46 U.S.C. App. 1903).
``(b) Scope.--Nothing in this chapter shall apply to otherwise
lawful activities carried out by or at the direction of the United
States Government.
``Sec. 2291. Destruction of vessel or maritime facility
``(a) Offense.--Whoever knowingly--
``(1) sets fire to, damages, destroys, disables, or wrecks
any vessel;
``(2) places or causes to be placed a destructive device, as
defined in section 921(a)(4), destructive substance, as defined
[[Page 120 STAT. 238]]
in section 31(a)(3), or an explosive, as defined in section
844(j) in, upon, or near, or otherwise makes or causes to be
made unworkable or unusable or hazardous to work or use, any
vessel, or any part or other materials used or intended to be
used in connection with the operation of a vessel;
``(3) sets fire to, damages, destroys, or disables or places
a destructive device or substance in, upon, or near, any
maritime facility, including any aid to navigation, lock, canal,
or vessel traffic service facility or equipment;
``(4) interferes by force or violence with the operation of
any maritime facility, including any aid to navigation, lock,
canal, or vessel traffic service facility or equipment, if such
action is likely to endanger the safety of any vessel in
navigation;
``(5) sets fire to, damages, destroys, or disables or places
a destructive device or substance in, upon, or near, any
appliance, structure, property, machine, or apparatus, or any
facility or other material used, or intended to be used, in
connection with the operation, maintenance, loading, unloading,
or storage of any vessel or any passenger or cargo carried or
intended to be carried on any vessel;
``(6) performs an act of violence against or incapacitates
any individual on any vessel, if such act of violence or
incapacitation is likely to endanger the safety of the vessel or
those on board;
``(7) performs an act of violence against a person that
causes or is likely to cause serious bodily injury, as defined
in section 1365(h)(3), in, upon, or near, any appliance,
structure, property, machine, or apparatus, or any facility or
other material used, or intended to be used, in connection with
the operation, maintenance, loading, unloading, or storage of
any vessel or any passenger or cargo carried or intended to be
carried on any vessel;
``(8) communicates information, knowing the information to
be false and under circumstances in which such information may
reasonably be believed, thereby endangering the safety of any
vessel in navigation; or
``(9) attempts or conspires to do anything prohibited under
paragraphs (1) through (8),
shall be fined under this title or imprisoned not more than 20 years, or
both.
``(b) Limitation.--Subsection (a) shall not apply to any person that
is engaging in otherwise lawful activity, such as normal repair and
salvage activities, and the transportation of hazardous materials
regulated and allowed to be transported under chapter 51 of title 49.
``(c) Penalty.--Whoever is fined or imprisoned under subsection (a)
as a result of an act involving a vessel that, at the time of the
violation, carried high-level radioactive waste (as that term is defined
in section 2(12) of the Nuclear Waste Policy Act of 1982 (42 U.S.C.
10101(12)) or spent nuclear fuel (as that term is defined in section
2(23) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101(23)),
shall be fined under this title, imprisoned for a term up to life, or
both.
``(d) Penalty When Death Results.--Whoever is convicted of any crime
prohibited by subsection (a) and intended to cause death by the
prohibited conduct, if the conduct resulted in the
[[Page 120 STAT. 239]]
death of any person, shall be subject also to the death penalty or to a
term of imprisonment for a period up to life.
``(e) Threats.--Whoever knowingly and intentionally imparts or
conveys any threat to do an act which would violate this chapter, with
an apparent determination and will to carry the threat into execution,
shall be fined under this title or imprisoned not more than 5 years, or
both, and is liable for all costs incurred as a result of such threat.
``Sec. 2292. Imparting or conveying false information
``(a) In General.--Whoever imparts or conveys or causes to be
imparted or conveyed false information, knowing the information to be
false, concerning an attempt or alleged attempt being made or to be
made, to do any act that would be a crime prohibited by this chapter or
by chapter 111 of this title, shall be subject to a civil penalty of not
more than $5,000, which shall be recoverable in a civil action brought
in the name of the United States.
``(b) Malicious Conduct.--Whoever knowingly, intentionally,
maliciously, or with reckless disregard for the safety of human life,
imparts or conveys or causes to be imparted or conveyed false
information, knowing the information to be false, concerning an attempt
or alleged attempt to do any act which would be a crime prohibited by
this chapter or by chapter 111 of this title, shall be fined under this
title or imprisoned not more than 5 years.
``(c) Jurisdiction.--
``(1) In general.--Except as provided under paragraph (2),
section 2290(a) shall not apply to any offense under this
section.
``(2) Jurisdiction.--Jurisdiction over an offense under this
section shall be determined in accordance with the provisions
applicable to the crime prohibited by this chapter, or by
chapter 111 of this title, to which the imparted or conveyed
false information relates, as applicable.
``Sec. 2293. Bar to prosecution
``(a) In General.--It is a bar to prosecution under this chapter
if--
``(1) the conduct in question occurred within the United
States in relation to a labor dispute, and such conduct is
prohibited as a felony under the law of the State in which it
was committed; or
``(2) such conduct is prohibited as a misdemeanor, and not
as a felony, under the law of the State in which it was
committed.
``(b) Definitions.--In this section:
``(1) Labor dispute.--The term `labor dispute' has the same
meaning given that term in section 13(c) of the Act to amend the
Judicial Code and to define and limit the jurisdiction of courts
sitting in equity, and for other purposes (29 U.S.C. 113(c),
commonly known as the Norris-LaGuardia Act).
``(2) State.--The term `State' means a State of the United
States, the District of Columbia, and any commonwealth,
territory, or possession of the United States.''.
(b) Conforming Amendment.--The table of chapters at the beginning of
title 18, United States Code, is amended by inserting after the item for
chapter 111 the following:
[[Page 120 STAT. 240]]
``111A. Destruction of, or interference with, vessels or maritime
facilities.......................................................2290''.
SEC. 307. THEFT OF INTERSTATE OR FOREIGN SHIPMENTS OR VESSELS.
(a) Theft of Interstate or Foreign Shipments.--Section 659 of title
18, United States Code, is amended--
(1) in the first undesignated paragraph--
(A) by inserting ``trailer,'' after ``motortruck,'';
(B) by inserting ``air cargo container,'' after
``aircraft,''; and
(C) by inserting ``, or from any intermodal
container, trailer, container freight station,
warehouse, or freight consolidation facility,'' after
``air navigation facility'';
(2) in the fifth undesignated paragraph, by striking ``in
each case'' and all that follows through ``or both'' the second
place it appears and inserting ``be fined under this title or
imprisoned not more than 10 years, or both, but if the amount or
value of such money, baggage, goods, or chattels is less than
$1,000, shall be fined under this title or imprisoned for not
more than 3 years, or both''; and
(3) by inserting after the first sentence in the eighth
undesignated paragraph the following: ``For purposes of this
section, goods and chattel shall be construed to be moving as an
interstate or foreign shipment at all points between the point
of origin and the final destination (as evidenced by the waybill
or other shipping document of the shipment), regardless of any
temporary stop while awaiting transshipment or otherwise.''.
(b) Stolen Vessels.--
(1) In general.--Section 2311 of title 18, United States
Code, is amended by adding at the end the following, as a new
undesignated paragraph: `` `Vessel' means any watercraft or
other contrivance used or designed for transportation or
navigation on, under, or immediately above, water.''.
(2) Transportation and sale of stolen vessels.--
(A) Transportation.--Section 2312 of title 18,
United States Code, is amended by striking ``motor
vehicle or aircraft'' and inserting ``motor vehicle,
vessel, or aircraft''.
(B) Sale.--Section 2313(a) of title 18, United
States Code, is amended by striking ``motor vehicle or
aircraft'' and inserting ``motor vehicle, vessel, or
aircraft''.
(c) <<NOTE: 28 USC 994 note.>> Review of Sentencing Guidelines.--
Pursuant to section 994 of title 28, United States Code, the United
States Sentencing Commission shall review the Federal Sentencing
Guidelines to determine whether sentencing enhancement is appropriate
for any offense under section 659 or 2311 of title 18, United States
Code, as amended by this title.
(d) <<NOTE: 28 USC 659 note.>> Annual Report of Law Enforcement
Activities.--The Attorney General shall annually submit to Congress a
report, which shall include an evaluation of law enforcement activities
relating to the investigation and prosecution of offenses under section
659 of title 18, United States Code, as amended by this title.
(e) Reporting of Cargo Theft.--The Attorney General shall take the
steps necessary to ensure that reports of cargo theft collected by
Federal, State, and local officials are reflected as a separate category
in the Uniform Crime Reporting System, or any successor system, by no
later than December 31, 2006.
[[Page 120 STAT. 241]]
SEC. 308. STOWAWAYS ON VESSELS OR AIRCRAFT.
Section 2199 of title 18, United States Code, is amended by striking
``Shall be fined under this title or imprisoned not more than one year,
or both.'' and inserting the following:
``(1) shall be fined under this title, imprisoned not more
than 5 years, or both;
``(2) if the person commits an act proscribed by this
section, with the intent to commit serious bodily injury, and
serious bodily injury occurs (as defined under section 1365,
including any conduct that, if the conduct occurred in the
special maritime and territorial jurisdiction of the United
States, would violate section 2241 or 2242) to any person other
than a participant as a result of a violation of this section,
shall be fined under this title or imprisoned not more than 20
years, or both; and
``(3) if an individual commits an act proscribed by this
section, with the intent to cause death, and if the death of any
person other than a participant occurs as a result of a
violation of this section, shall be fined under this title,
imprisoned for any number of years or for life, or both.''.
SEC. 309. BRIBERY AFFECTING PORT SECURITY.
(a) In General.--Chapter 11 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 226. Bribery affecting port security
``(a) In General.--Whoever knowingly--
``(1) directly or indirectly, corruptly gives, offers, or
promises anything of value to any public or private person, with
intent to commit international terrorism or domestic terrorism
(as those terms are defined under section 2331), to--
``(A) influence any action or any person to commit
or aid in committing, or collude in, or allow, any
fraud, or make opportunity for the commission of any
fraud affecting any secure or restricted area or
seaport; or
``(B) induce any official or person to do or omit to
do any act in violation of the lawful duty of such
official or person that affects any secure or restricted
area or seaport; or
``(2) directly or indirectly, corruptly demands, seeks,
receives, accepts, or agrees to receive or accept anything of
value personally or for any other person or entity in return
for--
``(A) being influenced in the performance of any
official act affecting any secure or restricted area or
seaport; and
``(B) knowing that such influence will be used to
commit, or plan to commit, international or domestic
terrorism,
shall be fined under this title or imprisoned not more than 15 years, or
both.
``(b) Definition.--In this section, the term `secure or restricted
area' means an area of a vessel or facility designated as secure in an
approved security plan, as required under section 70103 of title 46,
United States Code, and the rules and regulations promulgated under that
section.''.
[[Page 120 STAT. 242]]
(b) Conforming Amendment.--The table of sections for chapter 11 of
title 18, United States Code, is amended by adding at the end the
following:
``226. Bribery affecting port security.''.
SEC. 310. PENALTIES FOR SMUGGLING GOODS INTO THE UNITED STATES.
The third undesignated paragraph of section 545 of title 18, United
States Code, is amended by striking ``5 years'' and inserting ``20
years''.
SEC. 311. SMUGGLING GOODS FROM THE UNITED STATES.
(a) In General.--Chapter 27 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 554. Smuggling goods from the United States
``(a) In General.--Whoever fraudulently or knowingly exports or
sends from the United States, or attempts to export or send from the
United States, any merchandise, article, or object contrary to any law
or regulation of the United States, or receives, conceals, buys, sells,
or in any manner facilitates the transportation, concealment, or sale of
such merchandise, article or object, prior to exportation, knowing the
same to be intended for exportation contrary to any law or regulation of
the United States, shall be fined under this title, imprisoned not more
than 10 years, or both.
``(b) Definition.--In this section, the term `United States' has the
meaning given that term in section 545.''.
(b) Conforming Amendment.--The chapter analysis for chapter 27 of
title 18, United States Code, is amended by adding at the end the
following:
``554. Smuggling goods from the United States.''.
(c) Specified Unlawful Activity.--Section 1956(c)(7)(D) of title 18,
United States Code, is amended by inserting ``section 554 (relating to
smuggling goods from the United States),'' before ``section 641
(relating to public money, property, or records),''.
(d) Tariff Act of 1990.--Section 596 of the Tariff Act of 1930 (19
U.S.C. 1595a) is amended by adding at the end the following:
``(d) Merchandise exported or sent from the United States or
attempted to be exported or sent from the United States contrary to law,
or the proceeds or value thereof, and property used to facilitate the
exporting or sending of such merchandise, the attempted exporting or
sending of such merchandise, or the receipt, purchase, transportation,
concealment, or sale of such merchandise prior to exportation shall be
seized and forfeited to the United States.''.
(e) Removing Goods From Customs Custody.--Section 549 of title 18,
United States Code, is amended in the 5th paragraph by striking ``two
years'' and inserting ``10 years''.
[[Page 120 STAT. 243]]
TITLE IV-- <<NOTE: Combating Terrorism Financing Act of
2005.>> COMBATING TERRORISM FINANCING
SEC. 401. <<NOTE: 18 USC 1 note.>> SHORT TITLE.
This title may be cited as the ``Combating Terrorism Financing Act
of 2005''.
SEC. 402. INCREASED PENALTIES FOR TERRORISM FINANCING.
Section 206 of the International Emergency Economic Powers Act (50
U.S.C. 1705) is amended--
(1) in subsection (a), by deleting ``$10,000'' and inserting
``$50,000''; and
(2) in subsection (b), by deleting ``ten years'' and
inserting ``twenty years''.
SEC. 403. TERRORISM-RELATED SPECIFIED ACTIVITIES FOR MONEY LAUNDERING.
(a) Amendments to RICO.--Section 1961(1) of title 18, United States
Code, is amended in subparagraph (B), by inserting ``section 1960
(relating to illegal money transmitters),'' before ``sections 2251''.
(b) Amendment to Section 1956(c)(7).--Section 1956(c)(7)(D) of title
18, United States Code, is amended by striking ``or any felony violation
of the Foreign Corrupt Practices Act'' and inserting ``any felony
violation of the Foreign Corrupt Practices Act''.
(c) Conforming Amendments to Sections 1956(e) and 1957(e).--
(1) Section 1956(e) of title 18, United States Code, is
amended to read as follows:
``(e) Violations of this section may be investigated by such
components of the Department of Justice as the Attorney General may
direct, and by such components of the Department of the Treasury as the
Secretary of the Treasury may direct, as appropriate, and, with respect
to offenses over which the Department of Homeland Security has
jurisdiction, by such components of the Department of Homeland Security
as the Secretary of Homeland Security may direct, and, with respect to
offenses over which the United States Postal Service has jurisdiction,
by the Postal Service. Such <<NOTE: Agreement.>> authority of the
Secretary of the Treasury, the Secretary of Homeland Security, and the
Postal Service shall be exercised in accordance with an agreement which
shall be entered into by the Secretary of the Treasury, the Secretary of
Homeland Security, the Postal Service, and the Attorney General.
Violations of this section involving offenses described in paragraph
(c)(7)(E) may be investigated by such components of the Department of
Justice as the Attorney General may direct, and the National Enforcement
Investigations Center of the Environmental Protection Agency.''.
(2) Section 1957(e) of title 18, United States Code, is
amended to read as follows:
``(e) Violations of this section may be investigated by such
components of the Department of Justice as the Attorney General may
direct, and by such components of the Department of the Treasury as the
Secretary of the Treasury may direct, as appropriate, and, with respect
to offenses over which the Department of Homeland Security has
jurisdiction, by such components of the Department of Homeland Security
as the Secretary of Homeland
[[Page 120 STAT. 244]]
Security may direct, and, with respect to offenses over which the United
States Postal Service has jurisdiction, by the Postal Service. Such
authority <<NOTE: Agreement>> of the Secretary of the Treasury, the
Secretary of Homeland Security, and the Postal Service shall be
exercised in accordance with an agreement which shall be entered into by
the Secretary of the Treasury, the Secretary of Homeland Security, the
Postal Service, and the Attorney General.''.
SEC. 404. ASSETS OF PERSONS COMMITTING TERRORIST ACTS AGAINST FOREIGN
COUNTRIES OR INTERNATIONAL ORGANIZATIONS.
Section 981(a)(1)(G) of title 18, United States Code, is amended--
(1) by striking ``or'' at the end of clause (ii);
(2) by striking the period at the end of clause (iii) and
inserting ``; or''; and
(3) by inserting the following after clause (iii):
``(iv) of any individual, entity, or
organization engaged in planning or perpetrating
any act of international terrorism (as defined in
section 2331) against any international
organization (as defined in section 209 of the
State Department Basic Authorities Act of 1956 (22
U.S.C. 4309(b)) or against any foreign Government.
Where the property sought for forfeiture is
located beyond the territorial boundaries of the
United States, an act in furtherance of such
planning or perpetration must have occurred within
the jurisdiction of the United States.''.
SEC. 405. MONEY LAUNDERING THROUGH HAWALAS.
Section 1956(a)(1) of title 18, United States Code, is amended by
adding at the end the following: ``For purposes of this paragraph, a
financial transaction shall be considered to be one involving the
proceeds of specified unlawful activity if it is part of a set of
parallel or dependent transactions, any one of which involves the
proceeds of specified unlawful activity, and all of which are part of a
single plan or arrangement.''.
SEC. 406. TECHNICAL AND CONFORMING AMENDMENTS RELATING TO THE USA
PATRIOT ACT.
(a) Technical Corrections.--
(1) Section 322 of Public Law 107-56 <<NOTE: 28 USC
2466.>> is amended by striking ``title 18'' and inserting
``title 28''.
(2) Section 1956(b)(3) and (4) of title 18, United States
Code, are amended by striking ``described in paragraph (2)''
each time it appears; and
(3) Section 981(k) of title 18, United States Code, is
amended by striking ``foreign bank'' each time it appears and
inserting ``foreign financial institution (as defined in section
984(c)(2)(A) of this title)''.
(b) Codification of Section 316 of the USA PATRIOT Act.--
(1) Chapter 46 of title 18, United States Code, is amended--
(A) in the chapter analysis, by inserting at the end
the following:
``987. Anti-terrorist forfeiture protection.'';
and
(B) by inserting at the end the following:
[[Page 120 STAT. 245]]
``Sec. 987. Anti-terrorist forfeiture protection
``(a) Right to Contest.--An owner of property that is confiscated
under any provision of law relating to the confiscation of assets of
suspected international terrorists, may contest that confiscation by
filing a claim in the manner set forth in the Federal Rules of Civil
Procedure (Supplemental Rules for Certain Admiralty and Maritime
Claims), and asserting as an affirmative defense that--
``(1) the property is not subject to confiscation under such
provision of law; or
``(2) the innocent owner provisions of section 983(d) of
title 18, United States Code, apply to the case.
``(b) Evidence.--In considering a claim filed under this section, a
court may admit evidence that is otherwise inadmissible under the
Federal Rules of Evidence, if the court determines that the evidence is
reliable, and that compliance with the Federal Rules of Evidence may
jeopardize the national security interests of the United States.
``(c) Clarifications.--
``(1) Protection of rights.--The exclusion of certain
provisions of Federal law from the definition of the term `civil
forfeiture statute' in section 983(i) of title 18, United States
Code, shall not be construed to deny an owner of property the
right to contest the confiscation of assets of suspected
international terrorists under--
``(A) subsection (a) of this section;
``(B) the Constitution; or
``(C) subchapter II of chapter 5 of title 5, United
States Code (commonly known as the `Administrative
Procedure Act').
``(2) Savings clause.--Nothing in this section shall limit
or otherwise affect any other remedies that may be available to
an owner of property under section 983 of title 18, United
States Code, or any other provision of law.''.
(2) Subsections (a), (b), and (c) of section 316 of Public
Law 107-56 <<NOTE: 18 USC 983 note.>> are repealed.
(c) Conforming Amendments Concerning Conspiracies.--
(1) Section 33(a) of title 18, United States Code is amended
by inserting ``or conspires'' before ``to do any of the
aforesaid acts''.
(2) Section 1366(a) of title 18, United States Code, is
amended--
(A) by striking ``attempts'' each time it appears
and inserting ``attempts or conspires''; and
(B) by inserting ``, or if the object of the
conspiracy had been achieved,'' after ``the attempted
offense had been completed''.
SEC. 407. CROSS REFERENCE CORRECTION.
Section 5318(n)(4)(A) of title 31, United States Code, is amended by
striking ``National Intelligence Reform Act of 2004'' and inserting
``Intelligence Reform and Terrorism Prevention Act of 2004''.
SEC. 408. AMENDMENT TO AMENDATORY LANGUAGE.
Section 6604 <<NOTE: Effective date.>> of the Intelligence Reform
and Terrorism Prevention Act of 2004 <<NOTE: 18 USC 2339C note.>> is
amended (effective on the date of the enactment of that Act)--
[[Page 120 STAT. 246]]
(1) by striking ``Section 2339c(c)(2)'' and inserting
``Section 2339C(c)(2)''; and
(2) by striking ``Section 2339c(e)'' and inserting ``Section
2339C(e)''.
SEC. 409. DESIGNATION OF ADDITIONAL MONEY LAUNDERING PREDICATE.
Section 1956(c)(7)(D) of title 18, United States Code, is amended--
(1) by inserting ``, section 2339C (relating to financing of
terrorism), or section 2339D (relating to receiving military-
type training from a foreign terrorist organization)'' after
``section 2339A or 2339B (relating to providing material support
to terrorists)''; and
(2) by striking ``or'' before ``section 2339A or 2339B''.
SEC. 410. UNIFORM PROCEDURES FOR CRIMINAL FORFEITURE.
Section 2461(c) of title 28, United States Code, is amended to read
as follows:
``(c) If a person is charged in a criminal case with a violation of
an Act of Congress for which the civil or criminal forfeiture of
property is authorized, the Government may include notice of the
forfeiture in the indictment or information pursuant to the Federal
Rules of Criminal Procedure. If the defendant is convicted of the
offense giving rise to the forfeiture, the court shall order the
forfeiture of the property as part of the sentence in the criminal case
pursuant to to the Federal Rules of Criminal Procedure and section 3554
of title 18, United States Code. <<NOTE: Applicability.>> The
procedures in section 413 of the Controlled Substances Act (21 U.S.C.
853) apply to all stages of a criminal forfeiture proceeding, except
that subsection (d) of such section applies only in cases in which the
defendant is convicted of a violation of such Act.''.
TITLE V--MISCELLANEOUS PROVISIONS
SEC. 501. RESIDENCE OF UNITED STATES ATTORNEYS AND ASSISTANT UNITED
STATES ATTORNEYS.
(a) In General.--Subsection (a) of section 545 of title 28, United
States Code, is amended by adding at the end the following new sentence:
``Pursuant to an order from the Attorney General or his designee, a
United States attorney or an assistant United States attorney may be
assigned dual or additional responsibilities that exempt such officer
from the residency requirement in this subsection for a specific period
as established by the order and subject to renewal.''.
(b) <<NOTE: 28 USC 545 note.>> Effective Date.--The amendment made
by subsection (a) shall take effect as of February 1, 2005.
SEC. 502. INTERIM APPOINTMENT OF UNITED STATES ATTORNEYS.
Section 546 of title 28, United States Code, is amended by striking
subsections (c) and (d) and inserting the following new subsection:
``(c) A person appointed as United States attorney under this
section may serve until the qualification of a United States Attorney
for such district appointed by the President under section 541 of this
title.''.
[[Page 120 STAT. 247]]
SEC. 503. SECRETARY OF HOMELAND SECURITY IN PRESIDENTIAL LINE OF
SUCCESSION.
Section 19(d)(1) of title 3, United States Code, is amended by
inserting ``, Secretary of Homeland Security'' after ``Secretary of
Veterans Affairs''.
SEC. 504. BUREAU OF ALCOHOL, TOBACCO AND FIREARMS TO THE DEPARTMENT OF
JUSTICE.
The second sentence of section 1111(a)(2) of the Homeland Security
Act of 2002 (6 U.S.C. 531(a)(2)) is amended by striking ``Attorney
General'' the first place it appears and inserting ``President, by and
with the advice and consent of the Senate''.
SEC. 505. QUALIFICATIONS OF UNITED STATES MARSHALS.
Section 561 of title 28, United States Code, is amended by adding at
the end the following new subsection:
``(i) Each marshal appointed under this section should have--
``(1) a minimum of 4 years of command-level law enforcement
management duties, including personnel, budget, and accountable
property issues, in a police department, sheriff's office or
Federal law enforcement agency;
``(2) experience in coordinating with other law enforcement
agencies, particularly at the State and local level;
``(3) college-level academic experience; and
``(4) experience in or with county, State, and Federal court
systems or experience with protection of court personnel,
jurors, and witnesses.''.
SEC. 506. DEPARTMENT OF JUSTICE INTELLIGENCE MATTERS.
(a) Assistant Attorney General for National Security.--
(1) In general.--Chapter 31 of title 28, United States Code,
is amended by inserting after section 507 the following new
section:
``Sec. 507A. Assistant Attorney General for National Security
``(a) <<NOTE: President.>> Of the Assistant Attorneys General
appointed under section 506, one shall serve, upon the designation of
the President, as the Assistant Attorney General for National Security.
``(b) The Assistant Attorney General for National Security shall--
``(1) serve as the head of the National Security Division of
the Department of Justice under section 509A of this title;
``(2) serve as primary liaison to the Director of National
Intelligence for the Department of Justice; and
``(3) perform such other duties as the Attorney General may
prescribe.''.
(2) Additional assistant attorney general.--Section 506 of
title 28, United States Code, is amended by striking ``ten'' and
inserting ``11''.
(3) Executive schedule matters.--Section 5315 of title 5,
United States Code, is amended by striking the matter relating
to Assistant Attorneys General and inserting the following:
``Assistant Attorneys General (11).''.
(4) Consultation of director of national intelligence in
appointment.--Section 106(c)(2) of the National Security Act of
1947 (50 U.S.C. 403-6(c)(2)) is amended by adding at the end the
following new subparagraph:
[[Page 120 STAT. 248]]
``(C) The Assistant Attorney General designated as the
Assistant Attorney General for National Security under section
507A of title 28, United States Code.''.
(5) Authority to act for attorney general under foreign
intelligence surveillance act of 1978.--Section 101(g) of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1801(g)) is amended by striking ``or the Deputy Attorney
General'' and inserting ``, the Deputy Attorney General, or,
upon the designation of the Attorney General, the Assistant
Attorney General designated as the Assistant Attorney General
for National Security under section 507A of title 28, United
States Code''.
(6) Authorization for interception of communications.--
Section 2516(1) of title 18, United States Code, is amended by
inserting ``or National Security Division'' after ``the Criminal
Division''.
(7) Authority to act for attorney general in matters
involving witness relocation or protection.--Section 3521(d)(3)
of title 18, United States Code, is amended by striking ``to the
Assistant Attorney General in charge of the Criminal Division of
the Department of Justice'' and inserting ``to any Assistant
Attorney General in charge of the Criminal Division or National
Security Division of the Department of Justice''.
(8) Prosecution of cases involving classified information.--
Section 9A(a) of the Classified Information Procedures Act (18
U.S.C. App.) is amended by inserting ``or the Assistant Attorney
General for National Security, as appropriate,'' after
``Assistant Attorney General for the Criminal Division''.
(9) Intelligence and national security aspects of espionage
prosecution.--Section 341(b) of the Intelligence Authorization
Act for Fiscal Year 2004 (28 U.S.C. 519 note) is amended by
striking ``acting through the Office of Intelligence Policy and
Review of the Department of Justice'' and inserting ``acting
through the Assistant Attorney General for National Security''.
(10) Certifications for certain undercover foreign
intelligence and counterintelligence investigative operations.--
Section 102(b)(1) of Public Law 102-395 (28 U.S.C. 533 note) is
amended by striking ``Counsel for Intelligence Policy'' and
inserting ``Assistant Attorney General for National Security''.
(11) Inclusion in federal law enforcement community for
emergency federal law enforcements assistance purposes.--Section
609N(2) of the Justice Assistance Act of 1984 (42 U.S.C.
10502(2)) is amended--
(A) by redesignating subparagraphs (L) and (M) as
subparagraphs (M) and (N), respectively; and
(B) by inserting after subparagraph (K) the
following new subparagraph (L):
``(L) the National Security Division of the
Department of Justice,''.
(b) National Security Division of Department of Justice.--
(1) In general.--Chapter 31 of title 28, United States Code,
is further amended by inserting after section 509 the following
new section:
[[Page 120 STAT. 249]]
``Sec. 509A. National Security Division
``(a) There is a National Security Division of the Department of
Justice.
``(b) The National Security Division shall consist of the elements
of the Department of Justice (other than the Federal Bureau of
Investigation) engaged primarily in support of the intelligence and
intelligence-related activities of the United States Government,
including the following:
``(1) The Assistant Attorney General designated as the
Assistant Attorney General for National Security under section
507A of this title.
``(2) The Office of Intelligence Policy and Review (or any
successor organization).
``(3) The counterterrorism section (or any successor
organization).
``(4) The counterespionage section (or any successor
organization).
``(5) Any other element, component, or office designated by
the Attorney General.''.
(2) Prohibition on political activity.--Section 7323(b)(3)
of title 5, United States Code, is amended by inserting ``or
National Security Division'' after ``Criminal Division''.
(c) Clerical Amendments.--The table of sections at the beginning of
chapter 31 of title 28, United States Code, is amended--
(1) by inserting after the item relating to section 507 the
following new item:
``507A. Assistant Attorney General for National Security.'';
and
(2) by inserting after the item relating to section 509 the
following new item:
``509A. National Security Division.''.
(d) Procedures for Confirmation of the Assistant Attorney General
for National Security.--(1) Section 17 of Senate Resolution 400 (94th
Congress) is amended--
(A) in subsection (a), by striking ``(a) The'' and inserting
``(a)(1) Except as otherwise provided in subsection (b), the'';
(B) in subsection (b), by striking ``(b)'' and inserting
``(2)''; and
(C) by inserting after subsection (a) the following new
subsection:
``(b)(1) With respect to the confirmation of the Assistant Attorney
General for National Security, or any successor position, the nomination
of any individual by the President to serve in such position shall be
referred to the Committee on the Judiciary and, if and when reported, to
the select Committee for not to exceed 20 calendar days, except that in
cases when the 20-day period expires while the Senate is in recess, the
select Committee shall have 5 additional calendar days after the Senate
reconvenes to report the nomination.
``(2) If, upon the expiration of the period described in paragraph
(1), the select Committee has not reported the nomination, such
nomination shall be automatically discharged from the select Committee
and placed on the Executive Calendar.''.
(2) Paragraph (1) is enacted--
[[Page 120 STAT. 250]]
(A) as an exercise of the rulemaking power of the Senate;
and
(B) with full recognition of the constitutional right of the
Senate to change the rules of the Senate at any time and to the
same extent as in the case of any other rule of the Senate.
SEC. 507. REVIEW BY ATTORNEY GENERAL.
(a) Applicability.--Section 2261 of title 28, United States Code, is
amended by striking subsection (b) and inserting the following:
``(b) Counsel.--This chapter is applicable if--
``(1) the Attorney General of the United States certifies
that a State has established a mechanism for providing counsel
in postconviction proceedings as provided in section 2265; and
``(2) counsel was appointed pursuant to that mechanism,
petitioner validly waived counsel, petitioner retained counsel,
or petitioner was found not to be indigent.''.
(b) Scope of Prior Representation.--Section 2261(d) of title 28,
United States Code is amended by striking ``or on direct appeal''.
(c) Certification and Judicial Review.--
(1) In general.--Chapter 154 of title 28, United States
Code, is amended by striking section 2265 and inserting the
following:
``Sec. 2265. Certification and judicial review
``(a) Certification.--
``(1) In general.--If requested by an appropriate State
official, the Attorney General of the United States shall
determine--
``(A) whether the State has established a mechanism
for the appointment, compensation, and payment of
reasonable litigation expenses of competent counsel in
State postconviction proceedings brought by indigent
prisoners who have been sentenced to death;
``(B) the date on which the mechanism described in
subparagraph (A) was established; and
``(C) whether the State provides standards of
competency for the appointment of counsel in proceedings
described in subparagraph (A).
``(2) Effective date.--The date the mechanism described in
paragraph (1)(A) was established shall be the effective date of
the certification under this subsection.
``(3) Only express requirements.--There are no requirements
for certification or for application of this chapter other than
those expressly stated in this chapter.
``(b) Regulations.--The Attorney General shall promulgate
regulations to implement the certification procedure under subsection
(a).
``(c) Review of Certification.--
``(1) In general.--The determination by the Attorney General
regarding whether to certify a State under this section is
subject to review exclusively as provided under chapter 158 of
this title.
``(2) Venue.--The Court of Appeals for the District of
Columbia Circuit shall have exclusive jurisdiction over matters
[[Page 120 STAT. 251]]
under paragraph (1), subject to review by the Supreme Court
under section 2350 of this title.
``(3) Standard of review.--The determination by the Attorney
General regarding whether to certify a State under this section
shall be subject to de novo review.''.
(2) Clerical amendment.--The table of sections for chapter
154 of title 28, United States Code, is amended by striking the
item related to section 2265 and inserting the following:
``2265. Certification and judicial review.''.
(d) <<NOTE: 28 USC 2251 note.>> Application to Pending Cases.--
(1) In general.--This section and the amendments made by
this section shall apply to cases pending on or after the date
of enactment of this Act.
(2) Time limits.--In a case pending on the date of enactment
of this Act, if the amendments made by this section establish a
time limit for taking certain action, the period of which began
on the date of an event that occurred prior to the date of
enactment of this Act, the period of such time limit shall
instead begin on the date of enactment of this Act.
(e) Time Limits.--Section 2266(b)(1)(A) of title 28, United States
Code, is amended by striking ``180 days after the date on which the
application is filed'' and inserting ``450 days after the date on which
the application is filed, or 60 days after the date on which the case is
submitted for decision, whichever is earlier''.
(f) Stay of State Court Proceedings.--Section 2251 of title 28,
United States Code, is amended--
(1) in the first undesignated paragraph, by striking ``A
justice'' and inserting the following:
``(a) In General.--
``(1) Pending matters.--A justice'';
(2) in the second undesignated paragraph, by striking
``After the'' and inserting the following:
``(b) No Further Proceedings.--After the''; and
(3) in subsection (a), as so designated by paragraph (1), by
adding at the end the following:
``(2) Matter not pending.--For purposes of this section, a
habeas corpus proceeding is not pending until the application is
filed.
``(3) <<NOTE: Termination date.>> Application for
appointment of counsel.--If a State prisoner sentenced to death
applies for appointment of counsel pursuant to section
3599(a)(2) of title 18 in a court that would have jurisdiction
to entertain a habeas corpus application regarding that
sentence, that court may stay execution of the sentence of
death, but such stay shall terminate not later than 90 days
after counsel is appointed or the application for appointment of
counsel is withdrawn or denied.''.
TITLE VI-- <<NOTE: Secret Service Authorization and Technical
Modification Act of 2005.>> SECRET SERVICE
SEC. 601. <<NOTE: 18 USC 1 note.>> SHORT TITLE.
This title may be cited as the ``Secret Service Authorization and
Technical Modification Act of 2005''.
[[Page 120 STAT. 252]]
SEC. 602. INTERFERENCE WITH NATIONAL SPECIAL SECURITY EVENTS.
(a) In General.--Section 1752 of title 18, United States Code, is
amended--
(1) in subsection (a)--
(A) by amending paragraph (1) to read as follows:
``(1) willfully and knowingly to enter or remain in any
posted, cordoned off, or otherwise restricted area of a building
or grounds where the President or other person protected by the
Secret Service is or will be temporarily visiting;'';
(B) by redesignating paragraphs (2), (3), and (4) as
paragraphs (3), (4), and (5), respectively;
(C) by inserting after paragraph (1) the following
new paragraph:
``(2) willfully and knowingly to enter or remain in any
posted, cordoned off, or otherwise restricted area of a building
or grounds so restricted in conjunction with an event designated
as a special event of national significance;'';
(D) in paragraph (3), as redesignated by
subparagraph (B)--
(i) by inserting ``willfully, knowingly, and''
before ``with intent to impede or disrupt'';
(ii) by striking ``designated'' and inserting
``described''; and
(iii) by inserting ``or (2)'' after
``paragraph (1)'';
(E) in paragraph (4), as redesignated by
subparagraph (B)--
(i) by striking ``designated or enumerated''
and inserting ``described''; and
(ii) by inserting ``or (2)'' after ``paragraph
(1)''; and
(F) in paragraph (5), as redesignated by
subparagraph (B)--
(i) by striking ``designated or enumerated''
and inserting ``described''; and
(ii) by inserting ``or (2)'' after ``paragraph
(1)'';
(2) by amending subsection (b) to read as follows:
``(b) Violation of this section, and attempts or conspiracies to
commit such violations, shall be punishable by--
``(1) a fine under this title or imprisonment for not more
than 10 years, or both, if--
``(A) the person, during and in relation to the
offense, uses or carries a deadly or dangerous weapon or
firearm; or
``(B) the offense results in significant bodily
injury as defined by section 2118(e)(3); and
``(2) a fine under this title or imprisonment for not more
than one year, or both, in any other case.''; and
(3) by striking subsection (d) and redesignating subsections
(e) and (f) as subsections (d) and (e), respectively.
(b) Clerical Amendment.--(1) The heading of such section is amended
to read as follows:
``Sec. 1752. Restricted building or grounds''.
(2) The item relating to such section in the table of sections at
the beginning of chapter 84 of such title is amended to read as follows:
``1752. Restricted building or grounds.''.
[[Page 120 STAT. 253]]
SEC. 603. FALSE CREDENTIALS TO NATIONAL SPECIAL SECURITY EVENTS.
Section 1028 of title 18, United States Code, is amended--
(1) in subsection (a)(6), by inserting ``or a sponsoring
entity of an event designated as a special event of national
significance'' after ``States'';
(2) in subsection (c)(1), by inserting ``or a sponsoring
entity of an event designated as a special event of national
significance'' after ``States'';
(3) in subsection (d)(3), by inserting ``a sponsoring entity
of an event designated as a special event of national
significance,'' after ``political subdivision of a State,''; and
(4) in each of subsections (d)(4)(B) and (d)(6)(B), by
inserting ``a sponsoring entity of an event designated by the
President as a special event of national significance,'' after
``political subdivision of a State,''.
SEC. 604. FORENSIC AND INVESTIGATIVE SUPPORT OF MISSING AND EXPLOITED
CHILDREN CASES.
Section 3056(f) of title 18, United States Code, is amended by
striking ``officers and agents of the Secret Service are'' and inserting
``the Secret Service is''.
SEC. 605. THE UNIFORMED DIVISION, UNITED STATES SECRET SERVICE.
(a) In General.--Chapter 203 of title 18, United States Code, is
amended by inserting after section 3056 the following:
``Sec. 3056A. Powers, authorities, and duties of United States Secret
Service Uniformed Division
``(a) There is hereby created and established a permanent police
force, to be known as the `United States Secret Service Uniformed
Division'. Subject to the supervision of the Secretary of Homeland
Security, the United States Secret Service Uniformed Division shall
perform such duties as the Director, United States Secret Service, may
prescribe in connection with the protection of the following:
``(1) The White House in the District of Columbia.
``(2) Any building in which Presidential offices are
located.
``(3) The Treasury Building and grounds.
``(4) The President, the Vice President (or other officer
next in the order of succession to the Office of President), the
President-elect, the Vice President-elect, and their immediate
families.
``(5) Foreign diplomatic missions located in the
metropolitan area of the District of Columbia.
``(6) The temporary official residence of the Vice President
and grounds in the District of Columbia.
``(7) Foreign diplomatic missions located in metropolitan
areas (other than the District of Columbia) in the United States
where there are located twenty or more such missions headed by
full-time officers, except that such protection shall be
provided only--
``(A) on the basis of extraordinary protective need;
``(B) upon request of an affected metropolitan area;
and
``(C) when the extraordinary protective need arises
at or in association with a visit to--
[[Page 120 STAT. 254]]
``(i) a permanent mission to, or an observer
mission invited to participate in the work of, an
international organization of which the United
States is a member; or
``(ii) an international organization of which
the United States is a member;
except that such protection may also be provided for
motorcades and at other places associated with any such
visit and may be extended at places of temporary
domicile in connection with any such visit.
``(8) Foreign consular and diplomatic missions located in
such areas in the United States, its territories and
possessions, as the President, on a case-by-case basis, may
direct.
``(9) Visits of foreign government officials to metropolitan
areas (other than the District of Columbia) where there are
located twenty or more consular or diplomatic missions staffed
by accredited personnel, including protection for motorcades and
at other places associated with such visits when such officials
are in the United States to conduct official business with the
United States Government.
``(10) Former Presidents and their spouses, as provided in
section 3056(a)(3) of title 18.
``(11) An event designated under section 3056(e) of title 18
as a special event of national significance.
``(12) Major Presidential and Vice Presidential candidates
and, within 120 days of the general Presidential election, the
spouses of such candidates, as provided in section 3056(a)(7) of
title 18.
``(13) Visiting heads of foreign states or foreign
governments.
``(b)(1) Under the direction of the Director of the Secret Service,
members of the United States Secret Service Uniformed Division are
authorized to--
``(A) carry firearms;
``(B) make arrests without warrant for any offense against
the United States committed in their presence, or for any felony
cognizable under the laws of the United States if they have
reasonable grounds to believe that the person to be arrested has
committed or is committing such felony; and
``(C) perform such other functions and duties as are
authorized by law.
``(2) Members of the United States Secret Service Uniformed Division
shall possess privileges and powers similar to those of the members of
the Metropolitan Police of the District of Columbia.
``(c) Members of the United States Secret Service Uniformed Division
shall be furnished with uniforms and other necessary equipment.
``(d) In carrying out the functions pursuant to paragraphs (7) and
(9) of subsection (a), the Secretary of Homeland Security may utilize,
with their consent, on a reimbursable basis, the services, personnel,
equipment, and facilities of State and local governments, and is
authorized to reimburse such State and local governments for the
utilization of such services, personnel, equipment, and facilities. The
Secretary of Homeland Security may carry out the functions pursuant to
paragraphs (7) and (9) of subsection (a) by contract. The authority of
this subsection may be transferred by the President to the Secretary of
State. In carrying out any duty under
[[Page 120 STAT. 255]]
paragraphs (7) and (9) of subsection (a), the Secretary of State is
authorized to utilize any authority available to the Secretary under
title II of the State Department Basic Authorities Act of 1956.''.
(b) Amendment to Table of Sections.--The table of sections at the
beginning of chapter 203 of title 18, United States Code, is amended by
inserting after the item relating to section 3056 the following new
item:
``3056A. Powers, authorities, and duties of United States Secret Service
Uniformed Division.''.
(c) Conforming Repeal to Effectuate Transfer.--Chapter 3 of title 3,
United States Code, is repealed.
(d) Conforming Amendments to Laws Affecting District of Columbia.--
(1) Section 1537(d) of title 31, United States Code, is amended--
(A) by striking ``and the Executive Protective Service'' and
inserting ``and the Secret Service Uniformed Division''; and
(B) by striking ``their protective duties'' and all that
follows and inserting ``their protective duties under sections
3056 and 3056A of title 18.''.
(2) Section 204(e) of the State Department Basic Authorities Act
(sec. 6-1304(e), D.C. Official Code) <<NOTE: 22 USC 4304.>> is amended
by striking ``section 202 of title 3, United States Code, or section
3056'' and inserting ``sections 3056 or 3056A''.
(3) Section 214(a) of the State Department Basic Authorities
Act <<NOTE: 22 USC 4314.>> (sec. 6-1313(a), D.C. Official Code) is
amended by striking ``sections 202(8) and 208 of title 3'' and inserting
``section 3056A(a)(7) and (d) of title 18''.
(e) Additional Conforming Amendments.--
(1) Title 12, United States Code, section 3414, ``Special
procedures'', is amended by striking ``3 U.S.C. 202'' in
subsection (a)(1)(B) and inserting ``18 U.S.C. 3056A''.
(2) The State Department Basic Authorities Act of 1956 is
amended--
(A) in the first sentence of section 37(c) (22
U.S.C. 2709(c)), by striking ``section 202 of title 3,
United States Code, or section 3056 of title 18, United
States Code'' and inserting ``section 3056 or 3056A of
title 18, United States Code'';
(B) in section 204(e) (22 U.S.C. 4304(e)), by
striking ``section 202 of title 3, United States Code,
or section 3056 of title 18, United States Code'' and
inserting ``section 3056 or 3056A of title 18, United
States Code''; and
(C) in section 214(a) (22 U.S.C. 4314(a)), by
striking ``sections 202(7) and 208 of title 3, United
States Code'' and inserting ``subsections (a)(7) and (d)
of section 3056A of title 18, United States Code''.
(3) Section 8D(a)(1)(F) of the Inspector General Act of 1978
(5 U.S.C. App.) is amended by striking ``section 202 of title
3'' and inserting ``section 3056A of title 18''.
(4) Section 8I(a)(1)(E) of the Inspector General Act of 1978
(5 U.S.C. App.) is amended by striking ``section 202 of title
3'' and inserting ``section 3056A of title 18''.
[[Page 120 STAT. 256]]
SEC. 606. <<NOTE: 18 USC 3056A note.>> SAVINGS PROVISIONS.
(a) This title does not affect the retirement benefits of current
employees or annuitants that existed on the day before the effective
date of this Act.
(b) This title does not affect any Executive order transferring to
the Secretary of State the authority of section 208 of title 3 (now
section 3056A(d) of title 18) in effect on the day before the effective
date of this Act.
SEC. 607. MAINTENANCE AS DISTINCT ENTITY.
Section 3056 of title 18 is amended by adding the following at the
end of the section:
``(g) The United States Secret Service shall be maintained as a
distinct entity within the Department of Homeland Security and shall not
be merged with any other Department function. No personnel and
operational elements of the United States Secret Service shall report to
an individual other than the Director of the United States Secret
Service, who shall report directly to the Secretary of Homeland Security
without being required to report through any other official of the
Department.''.
SEC. 608. EXEMPTIONS FROM THE FEDERAL ADVISORY COMMITTEE ACT.
(a) Advisory Committee Regarding Protection of Major Presidential
and Vice Presidential Candidates.--Section 3056(a)(7) of title 18,
United States Code, is amended by inserting ``The Committee shall not be
subject to the Federal Advisory Committee Act (5 U.S.C. App. 2).'' after
``other members of the Committee.''.
(b) Electronic Crimes Task Forces.--Section 105 of Public Law 107-56
(18 U.S.C. 3056 note) is amended by inserting ``The electronic crimes
task forces shall not be subject to the Federal Advisory Committee Act
(5 U.S.C. App. 2).'' after ``financial payment systems.''.
TITLE VII-- <<NOTE: Combat Meth-amphetamine Epidemic Act of
2005.>> COMBAT METHAMPHETAMINE EPIDEMIC ACT OF 2005
SEC. 701. <<NOTE: 21 USC 801 note.>> SHORT TITLE.
This title may be cited as the ``Combat Methamphetamine Epidemic Act
of 2005''.
Subtitle A--Domestic Regulation of Precursor Chemicals
SEC. 711. SCHEDULED LISTED CHEMICAL PRODUCTS; RESTRICTIONS ON SALES
QUANTITY, BEHIND-THE-COUNTER ACCESS, AND OTHER SAFEGUARDS.
(a) Scheduled Listed Chemical Products.--
(1) In general.--Section 102 of the Controlled Substances
Act (21 U.S.C. 802) is amended--
(A) by redesignating paragraph (46) as paragraph
(49); and
[[Page 120 STAT. 257]]
(B) by inserting after paragraph (44) the following
paragraphs:
``(45)(A) The term `scheduled listed chemical product' means,
subject to subparagraph (B), a product that--
``(i) contains ephedrine, pseudoephedrine, or
phenylpropanolamine; and
``(ii) may be marketed or distributed lawfully in the United
States under the Federal, Food, Drug, and Cosmetic Act as a
nonprescription drug.
Each reference in clause (i) to ephedrine, pseudoephedrine, or
phenylpropanolamine includes each of the salts, optical isomers, and
salts of optical isomers of such chemical.
``(B) Such term does not include a product described in subparagraph
(A) if the product contains a chemical specified in such subparagraph
that the Attorney General has under section 201(a) added to any of the
schedules under section 202(c). In the absence of such scheduling by the
Attorney General, a chemical specified in such subparagraph may not be
considered to be a controlled substance.
``(46) The term `regulated seller' means a retail distributor
(including a pharmacy or a mobile retail vendor), except that such term
does not include an employee or agent of such distributor.
``(47) The term `mobile retail vendor' means a person or entity that
makes sales at retail from a stand that is intended to be temporary, or
is capable of being moved from one location to another, whether the
stand is located within or on the premises of a fixed facility (such as
a kiosk at a shopping center or an airport) or whether the stand is
located on unimproved real estate (such as a lot or field leased for
retail purposes).
``(48) The term `at retail', with respect to the sale or purchase of
a scheduled listed chemical product, means a sale or purchase for
personal use, respectively.''.
(2) Conforming amendments.--The Controlled Substances Act
(21 U.S.C. 801 et seq.) is amended--
(A) in section 102, in paragraph (49) (as
redesignated by paragraph (1)(A) of this subsection)--
(i) in subparagraph (A), by striking
``pseudoephedrine or'' and inserting ``ephedrine,
pseudoephedrine, or''; and
(ii) by striking subparagraph (B) and
redesignating subparagraph (C) as subparagraph
(B); and
(B) in section 310(b)(3)(D)(ii), <<NOTE: 21 USC
830.>> by striking ``102(46)'' and inserting
``102(49)''.
(b) Restrictions on Sales Quantity; Behind-the-Counter Access;
Logbook Requirement; Training of Sales Personnel; Privacy Protections.--
(1) In general.--Section 310 of the Controlled Substances
Act (21 U.S.C. 830) is amended by adding at the end the
following subsections:
``(d) Scheduled Listed Chemicals; Restrictions on Sales Quantity;
Requirements Regarding Nonliquid Forms.--With respect to ephedrine base,
pseudoephedrine base, or phenylpropanolamine base in a scheduled listed
chemical product--
``(1) the quantity of such base sold at retail in such a
product by a regulated seller, or a distributor required to
submit reports by subsection (b)(3) may not, for any purchaser,
exceed
[[Page 120 STAT. 258]]
a daily amount of 3.6 grams, without regard to the number of
transactions; and
``(2) such a seller or distributor may not sell such a
product in nonliquid form (including gel caps) at retail unless
the product is packaged in blister packs, each blister
containing not more than 2 dosage units, or where the use of
blister packs is technically infeasible, the product is packaged
in unit dose packets or pouches.
``(e) Scheduled Listed Chemicals; Behind-the-Counter Access; Logbook
Requirement; Training of Sales Personnel; Privacy Protections.--
``(1) Requirements regarding retail transactions.--
``(A) In general.--Each regulated seller shall
ensure that, subject to subparagraph (F), sales by such
seller of a scheduled listed chemical product at retail
are made in accordance with the following:
``(i) In offering the product for sale, the
seller places the product such that customers do
not have direct access to the product before the
sale is made (in this paragraph referred to as
`behind-the-counter' placement). For purposes of
this paragraph, a behind-the-counter placement of
a product includes circumstances in which the
product is stored in a locked cabinet that is
located in an area of the facility involved to
which customers do have direct access.
``(ii) The seller delivers the product
directly into the custody of the purchaser.
``(iii) The seller maintains, in accordance
with criteria issued by the Attorney General, a
written or electronic list of such sales that
identifies the products by name, the quantity
sold, the names and addresses of purchasers, and
the dates and times of the sales (which list is
referred to in this subsection as the `logbook'),
except that such requirement does not apply to any
purchase by an individual of a single sales
package if that package contains not more than 60
milligrams of pseudoephedrine.
``(iv) In the case of a sale to which the
requirement of clause (iii) applies, the seller
does not sell such a product unless--
``(I) the prospective purchaser--
``(aa) presents an
identification card that
provides a photograph and is
issued by a State or the Federal
Government, or a document that,
with respect to identification,
is considered acceptable for
purposes of sections
274a.2(b)(1)(v)(A) and
274a.2(b)(1)(v)(B) of title 8,
Code of Federal Regulations (as
in effect on or after the date
of the enactment of the Combat
Methamphetamine Epidemic Act of
2005); and
``(bb) signs the logbook and
enters in the logbook his or her
name, address, and the date and
time of the sale; and
``(II) the seller--
[[Page 120 STAT. 259]]
``(aa) determines that the
name entered in the logbook
corresponds to the name provided
on such identification and that
the date and time entered are
correct; and
``(bb) enters in the logbook
the name of the product and the
quantity sold.
``(v) <<NOTE: Notification.>> The logbook
includes, in accordance with criteria of the
Attorney General, a notice to purchasers that
entering false statements or misrepresentations in
the logbook may subject the purchasers to criminal
penalties under section 1001 of title 18, United
States Code, which notice specifies the maximum
fine and term of imprisonment under such section.
``(vi) The seller maintains each entry in the
logbook for not fewer than two years after the
date on which the entry is made.
``(vii) In the case of individuals who are
responsible for delivering such products into the
custody of purchasers or who deal directly with
purchasers by obtaining payments for the products,
the seller has submitted to the Attorney General a
self-certification that all such individuals have,
in accordance with criteria under subparagraph
(B)(ii), undergone training provided by the seller
to ensure that the individuals understand the
requirements that apply under this subsection and
subsection (d).
``(viii) The seller maintains a copy of such
certification and records demonstrating that
individuals referred to in clause (vii) have
undergone the training.
``(ix) If the seller is a mobile retail
vendor:
``(I) The seller complies with
clause (i) by placing the product in a
locked cabinet.
``(II) The seller does not sell more
than 7.5 grams of ephedrine base,
pseudoephedrine base, or
phenylpropanolamine base in such
products per customer during a 30-day
period.
``(B) Additional provisions regarding certifications
and training.--
``(i) In general.--A regulated seller may not
sell any scheduled listed chemical product at
retail unless the seller has submitted to the
Attorney General the self-certification referred
to in subparagraph (A)(vii). The certification is
not effective for purposes of the preceding
sentence unless, in addition to provisions
regarding the training of individuals referred to
in such subparagraph, the certification includes a
statement that the seller understands each of the
requirements that apply under this paragraph and
under subsection (d) and agrees to comply with the
requirements.
``(ii) Issuance of criteria; self-
certification.--The Attorney General shall by
regulation establish criteria for certifications
under this paragraph. The criteria shall--
``(I) provide that the
certifications are self-certifications
provided through the program under
clause (iii);
[[Page 120 STAT. 260]]
``(II) provide that a separate
certification is required for each place
of business at which a regulated seller
sells scheduled listed chemical products
at retail; and
``(III) include criteria for
training under subparagraph (A)(vii).
``(iii) Program for regulated sellers.--The
Attorney General shall establish a program
regarding such certifications and training in
accordance with the following:
``(I) The program shall be carried
out through an Internet site of the
Department of Justice and such other
means as the Attorney General determines
to be appropriate.
``(II) The program shall inform
regulated sellers that section 1001 of
title 18, United States Code, applies to
such certifications.
``(III) The program shall make
available to such sellers an explanation
of the criteria under clause (ii).
``(IV) The program shall be designed
to permit the submission of the
certifications through such Internet
site.
``(V) The program shall be designed
to automatically provide the explanation
referred to in subclause (III), and an
acknowledgement that the Department has
received a certification, without
requiring direct interactions of
regulated sellers with staff of the
Department (other than the provision of
technical assistance, as appropriate).
``(iv) Availability of certification to state
and local officials.--Promptly after receiving a
certification under subparagraph (A)(vii), the
Attorney General shall make available a copy of
the certification to the appropriate State and
local officials.
``(C) Privacy protections.--In order to protect the
privacy of individuals who purchase scheduled listed
chemical products, the Attorney General shall by
regulation establish restrictions on disclosure of
information in logbooks under subparagraph (A)(iii).
Such regulations shall--
``(i) provide for the disclosure of the
information as appropriate to the Attorney General
and to State and local law enforcement agencies;
and
``(ii) prohibit accessing, using, or sharing
information in the logbooks for any purpose other
than to ensure compliance with this title or to
facilitate a product recall to protect public
health and safety.
``(D) False statements or misrepresentations by
purchasers.--For purposes of section 1001 of title 18,
United States Code, entering information in the logbook
under subparagraph (A)(iii) shall be considered a matter
within the jurisdiction of the executive, legislative,
or judicial branch of the Government of the United
States.
``(E) Good faith protection.--A regulated seller who
in good faith releases information in a logbook under
[[Page 120 STAT. 261]]
subparagraph (A)(iii) to Federal, State, or local law
enforcement authorities is immune from civil liability
for such release unless the release constitutes gross
negligence or intentional, wanton, or willful
misconduct.
``(F) Inapplicability of requirements to certain
sales.--Subparagraph (A) does not apply to the sale at
retail of a scheduled listed chemical product if a
report on the sales transaction is required to be
submitted to the Attorney General under subsection
(b)(3).
``(G) Certain measures regarding theft and
diversion.--A regulated seller may take reasonable
measures to guard against employing individuals who may
present a risk with respect to the theft and diversion
of scheduled listed chemical products, which may
include, notwithstanding State law, asking applicants
for employment whether they have been convicted of any
crime involving or related to such products or
controlled substances.''.
(2) <<NOTE: 21 USC 830 note.>> Effective dates.--With
respect to subsections (d) and (e)(1) of section 310 of the
Controlled Substances Act, as added by paragraph (1) of this
subsection:
(A) Such subsection (d) applies on and after the
expiration of the 30-day period beginning on the date of
the enactment of this Act.
(B) Such subsection (e)(1) applies on and after
September 30, 2006.
(c) Mail-Order Reporting.--
(1) In general.--Section 310(e) of the Controlled Substances
Act, as added by subsection (b)(1) of this section, is amended
by adding at the end the following:
``(2) Mail-order reporting; verification of identity of
purchaser; 30-day restriction on quantities for individual
purchasers.--Each regulated person who makes a sale at retail of
a scheduled listed chemical product and is required under
subsection (b)(3) to submit a report of the sales transaction to
the Attorney General is subject to the following:
``(A) The person shall, prior to shipping the
product, confirm the identity of the purchaser in
accordance with procedures established by the Attorney
General. The Attorney General shall by regulation
establish such procedures.
``(B) The person may not sell more than 7.5 grams of
ephedrine base, pseudoephedrine base, or
phenylpropanolamine base in such products per customer
during a 30-day period.''.
(2) Inapplicability of reporting exemption for retail
distributors.--Section 310(b)(3)(D)(ii) of the Controlled
Substances Act (21 U.S.C. 830(b)(3)(D)(ii)) is amended by
inserting before the period the following: ``, except that this
clause does not apply to sales of scheduled listed chemical
products at retail''.
(3) <<NOTE: 21 USC 830 note.>> Effective date.--The
amendments made by paragraphs (1) and (2) apply on and after the
expiration of the 30-day period beginning on the date of the
enactment of this Act.
(d) Exemptions for Certain Products.--Section 310(e) of the
Controlled Substances Act, as added and amended by subsections
[[Page 120 STAT. 262]]
(b) and (c) of this section, respectively, is amended by adding at the
end the following paragraph:
``(3) Exemptions for certain products.--Upon the application
of a manufacturer of a scheduled listed chemical product, the
Attorney General may by regulation provide that the product is
exempt from the provisions of subsection (d) and paragraphs (1)
and (2) of this subsection if the Attorney General determines
that the product cannot be used in the illicit manufacture of
methamphetamine.''.
(e) Restrictions on Quantity Purchased During 30-Day Period.--
(1) In general.--Section 404(a) of the Controlled Substances
Act (21 U.S.C. 844(a)) is amended by inserting after the second
sentence the following: ``It shall be unlawful for any person to
knowingly or intentionally purchase at retail during a 30 day
period more than 9 grams of ephedrine base, pseudoephedrine
base, or phenylpropanolamine base in a scheduled listed chemical
product, except that, of such 9 grams, not more than 7.5 grams
may be imported by means of shipping through any private or
commercial carrier or the Postal Service.''.
(2) <<NOTE: 21 USC 844 note.>> Effective date.--The
amendment made by paragraph (1) applies on and after the
expiration of the 30-day period beginning on the date of the
enactment of this Act.
(f) Enforcement of Requirements for Retail Sales.--
(1) Civil and criminal penalties.--
(A) In general.--Section 402(a) of the Controlled
Substances Act (21 U.S.C. 842(a)) is amended--
(i) in paragraph (10), by striking ``or''
after the semicolon;
(ii) in paragraph (11), by striking the period
at the end and inserting a semicolon; and
(iii) by inserting after paragraph (11) the
following paragraphs:
``(12) who is a regulated seller, or a distributor required
to submit reports under subsection (b)(3) of section 310--
``(A) to sell at retail a scheduled listed chemical
product in violation of paragraph (1) of subsection (d)
of such section, knowing at the time of the transaction
involved (independent of consulting the logbook under
subsection (e)(1)(A)(iii) of such section) that the
transaction is a violation; or
``(B) to knowingly or recklessly sell at retail such
a product in violation of paragraph (2) of such
subsection (d);
``(13) who is a regulated seller to knowingly or recklessly
sell at retail a scheduled listed chemical product in violation
of subsection (e) of such section; or
``(14) who is a regulated seller or an employee or agent of
such seller to disclose, in violation of regulations under
subparagraph (C) of section 310(e)(1), information in logbooks
under subparagraph (A)(iii) of such section, or to refuse to
provide such a logbook to Federal, State, or local law
enforcement authorities.''.
(B) Conforming amendment.--Section 401(f)(1) of the
Controlled Substances Act (21 U.S.C. 841(f)(1)) is
amended by inserting after ``shall'' the following: ``,
except to the
[[Page 120 STAT. 263]]
extent that paragraph (12), (13), or (14) of section
402(a) applies,''.
(2) Authority to prohibit sales by violators.--Section
402(c) of the Controlled Substances Act (21 U.S.C. 842(c)) is
amended by adding at the end the following paragraph:
``(4)(A) If a regulated seller, or a distributor required to submit
reports under section 310(b)(3), violates paragraph (12) of subsection
(a) of this section, or if a regulated seller violates paragraph (13) of
such subsection, the Attorney General may by order prohibit such seller
or distributor (as the case may be) from selling any scheduled listed
chemical product. Any sale of such a product in violation of such an
order is subject to the same penalties as apply under paragraph (2).
``(B) An order under subparagraph (A) may be imposed only through
the same procedures as apply under section 304(c) for an order to show
cause.''.
(g) <<NOTE: 21 USC 802 note.>> Preservation of State Authority to
Regulate Scheduled Listed Chemicals.--This section and the amendments
made by this section may not be construed as having any legal effect on
section 708 of the Controlled Substances Act as applied to the
regulation of scheduled listed chemicals (as defined in section 102(45)
of such Act).
SEC. 712. REGULATED TRANSACTIONS.
(a) Conforming Amendments Regarding Scheduled Listed Chemicals.--The
Controlled Substances Act (21 U.S.C. 801 et seq.) is amended--
(1) in section 102-- <<NOTE: 21 USC 802.>>
(A) in paragraph (39)(A)--
(i) by amending clause (iv) to read as
follows:
``(iv) any transaction in a listed chemical that is
contained in a drug that may be marketed or distributed
lawfully in the United States under the Federal Food,
Drug, and Cosmetic Act, subject to clause (v), unless--
``(I) the Attorney General has determined
under section 204 that the drug or group of drugs
is being diverted to obtain the listed chemical
for use in the illicit production of a controlled
substance; and
``(II) the quantity of the listed chemical
contained in the drug included in the transaction
or multiple transactions equals or exceeds the
threshold established for that chemical by the
Attorney General;'';
(ii) by redesignating clause (v) as clause
(vi); and
(iii) by inserting after clause (iv) the
following clause:
``(v) any transaction in a scheduled listed chemical
product that is a sale at retail by a regulated seller
or a distributor required to submit reports under
section 310(b)(3); or''; and
(B) by striking the paragraph (45) that relates to
the term ``ordinary over-the-counter pseudoephedrine or
phenylpropanolamine product'';
(2) in section 204, <<NOTE: 21 USC 814.>> by striking
subsection (e); and
(3) in section 303(h), <<NOTE: 21 USC 823.>> in the second
sentence, by striking ``section 102(39)(A)(iv)'' and inserting
``clause (iv) or (v) of section 102(39)(A)''.
[[Page 120 STAT. 264]]
(b) Public Law 104-237.--Section 401 of the Comprehensive
Methamphetamine Control Act of 1996 (21 U.S.C. 802 note) (Public Law
104-237) is amended by striking subsections (d), (e), and (f).
SEC. 713. AUTHORITY TO ESTABLISH PRODUCTION QUOTAS.
Section 306 of the Controlled Substances Act (21 U.S.C. 826) is
amended--
(1) in subsection (a), by inserting ``and for ephedrine,
pseudoephedrine, and phenylpropanolamine'' after ``for each
basic class of controlled substance in schedules I and II'';
(2) in subsection (b), by inserting ``or for ephedrine,
pseudoephedrine, or phenylpropanolamine'' after ``for each basic
class of controlled substance in schedule I or II'';
(3) in subsection (c), in the first sentence, by inserting
``and for ephedrine, pseudoephedrine, and phenylpropanolamine''
after ``for the basic classes of controlled substances in
schedules I and II'';
(4) in subsection (d), by inserting ``or ephedrine,
pseudoephedrine, or phenylpropanolamine'' after ``that basic
class of controlled substance'';
(5) in subsection (e), by inserting ``or for ephedrine,
pseudoephedrine, or phenylpropanolamine'' after ``for a basic
class of controlled substance in schedule I or II'';
(6) in subsection (f)--
(A) by inserting ``or ephedrine, pseudoephedrine, or
phenylpropanolamine'' after ``controlled substances in
schedules I and II'';
(B) by inserting ``or of ephedrine, pseudoephedrine,
or phenylpropanolamine'' after ``the manufacture of a
controlled substance''; and
(C) by inserting ``or chemicals'' after ``such
incidentally produced substances''; and
(7) by adding at the end the following subsection:
``(g) Each reference in this section to ephedrine, pseudoephedrine,
or phenylpropanolamine includes each of the salts, optical isomers, and
salts of optical isomers of such chemical.''.
SEC. 714. PENALTIES; AUTHORITY FOR MANUFACTURING; QUOTA.
Section 402(b) of the Controlled Substances Act (21 U.S.C. 842(b))
is amended by inserting after ``manufacture a controlled substance in
schedule I or II'' the following: ``, or ephedrine, pseudoephedrine, or
phenylpropanolamine or any of the salts, optical isomers, or salts of
optical isomers of such chemical,''.
SEC. 715. RESTRICTIONS ON IMPORTATION; AUTHORITY TO PERMIT IMPORTS FOR
MEDICAL, SCIENTIFIC, OR OTHER LEGITIMATE PURPOSES.
Section 1002 of the Controlled Substances Import and Export Act (21
U.S.C. 952) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
inserting ``or ephedrine, pseudoephedrine, or
phenylpropanolamine,'' after ``schedule III, IV, or V of
title II,''; and
(B) in paragraph (1), by inserting ``, and of
ephedrine, pseudoephedrine, and phenylpropanolamine, ''
after ``coca leaves''; and
(2) by adding at the end the following subsections:
[[Page 120 STAT. 265]]
``(d)(1) With respect to a registrant under section 1008 who is
authorized under subsection (a)(1) to import ephedrine, pseudoephedrine,
or phenylpropanolamine, at any time during the year the registrant may
apply for an increase in the amount of such chemical that the registrant
is authorized to import, and the Attorney General may approve the
application if the Attorney General determines that the approval is
necessary to provide for medical, scientific, or other legitimate
purposes regarding the chemical.
``(2) With respect to the application under paragraph (1):
``(A) <<NOTE: Deadline.>> Not later than 60 days after
receiving the application, the Attorney General shall approve or
deny the application.
``(B) In approving the application, the Attorney General
shall specify the period of time for which the approval is in
effect, or shall provide that the approval is effective until
the registrant involved is notified in writing by the Attorney
General that the approval is terminated.
``(C) If the Attorney General does not approve or deny the
application before the expiration of the 60-day period under
subparagraph (A), the application is deemed to be approved, and
such approval remains in effect until the Attorney General
notifies the registrant in writing that the approval is
terminated.
``(e) Each reference in this section to ephedrine, pseudoephedrine,
or phenylpropanolamine includes each of the salts, optical isomers, and
salts of optical isomers of such chemical.''.
SEC. 716. NOTICE OF IMPORTATION OR EXPORTATION; APPROVAL OF SALE OR
TRANSFER BY IMPORTER OR EXPORTER.
(a) In General.--Section 1018 of the Controlled Substances Import
and Export Act (21 U.S.C. 971) is amended--
(1) in subsection (b)(1), in the first sentence, by striking
``or to an importation by a regular importer'' and inserting
``or to a transaction that is an importation by a regular
importer'';
(2) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively;
(3) by inserting after subsection (c) the following
subsection:
``(d)(1)(A) Information provided in a notice under subsection (a) or
(b) shall include the name of the person to whom the importer or
exporter involved intends to transfer the listed chemical involved, and
the quantity of such chemical to be transferred.
``(B) In the case of a notice under subsection (b) submitted by a
regular importer, if the transferee identified in the notice is not a
regular customer, such importer may not transfer the listed chemical
until after the expiration of the 15-day period beginning on the date on
which the notice is submitted to the Attorney General.
``(C) After a notice under subsection (a) or (b) is submitted to the
Attorney General, if circumstances change and the importer or exporter
will not be transferring the listed chemical to the transferee
identified in the notice, or will be transferring a greater quantity of
the chemical than specified in the notice, the importer or exporter
shall update the notice to identify the most recent prospective
transferee or the most recent quantity or both (as the case may be) and
may not transfer the listed chemical until after the expiration of the
15-day period beginning on the date
[[Page 120 STAT. 266]]
on which the update is submitted to the Attorney General, except that
such 15-day restriction does not apply if the prospective transferee
identified in the update is a regular
customer. <<NOTE: Applicability.>> The preceding sentence applies with
respect to changing circumstances regarding a transferee or quantity
identified in an update to the same extent and in the same manner as
such sentence applies with respect to changing circumstances regarding a
transferee or quantity identified in the original notice under
subsection (a) or (b).
<<NOTE: Deadline.>> ``(D) In the case of a transfer of a listed
chemical that is subject to a 15-day restriction under subparagraph (B)
or (C), the transferee involved shall, upon the expiration of the 15-day
period, be considered to qualify as a regular customer, unless the
Attorney General otherwise notifies the importer or exporter involved in
writing.
``(2) With respect to a transfer of a listed chemical with which a
notice or update referred to in paragraph (1) is concerned:
``(A) The Attorney General, in accordance with the same
procedures as apply under subsection (c)(2)--
``(i) may order the suspension of the transfer of
the listed chemical by the importer or exporter
involved, except for a transfer to a regular customer,
on the ground that the chemical may be diverted to the
clandestine manufacture of a controlled substance
(without regard to the form of the chemical that may be
diverted, including the diversion of a finished drug
product to be manufactured from bulk chemicals to be
transferred), subject to the Attorney General ordering
such suspension before the expiration of the 15-day
period referred to in paragraph (1) with respect to the
importation or exportation (in any case in which such a
period applies); and
``(ii) may, for purposes of clause (i) and paragraph
(1), disqualify a regular customer on such ground.
``(B) <<NOTE: Notification.>> From and after the time when
the Attorney General provides written notice of the order under
subparagraph (A) (including a statement of the legal and factual
basis for the order) to the importer or exporter, the importer
or exporter may not carry out the transfer.
``(3) For purposes of this subsection:
``(A) The terms `importer' and `exporter' mean a regulated
person who imports or exports a listed chemical, respectively.
``(B) The term `transfer', with respect to a listed
chemical, includes the sale of the chemical.
``(C) The term `transferee' means a person to whom an
importer or exporter transfers a listed chemical.''; and
(4) by adding at the end the following subsection:
``(g) <<NOTE: Deadlines.>> Within 30 days after a transaction
covered by this section is completed, the importer or exporter shall
send the Attorney General a return declaration containing particulars of
the transaction, including the date, quantity, chemical, container, name
of transferees, and such other information as the Attorney General may
specify in regulations. For importers, a single return declaration may
include the particulars of both the importation and distribution. If the
importer has not distributed all chemicals imported by the end of the
initial 30-day period, the importer shall file supplemental return
declarations no later than 30 days from the date of any further
distribution, until the distribution or other
[[Page 120 STAT. 267]]
disposition of all chemicals imported pursuant to the import
notification or any update are accounted for.''.
(b) Conforming Amendments.--
(1) Controlled substances import and export act.--The
Controlled Substances Import and Export Act (21 U.S.C. 951 et
seq.) is amended--
(A) in section 1010(d)(5), <<NOTE: 21 USC 960.>> by
striking ``section 1018(e)(2) or (3)'' and inserting
``paragraph (2) or (3) of section 1018(f)''; and
(B) in section 1018(c)(1), <<NOTE: 21 USC 971.>> in
the first sentence, by inserting before the period the
following: ``(without regard to the form of the chemical
that may be diverted, including the diversion of a
finished drug product to be manufactured from bulk
chemicals to be transferred)''.
(2) Controlled substances act.--Section 310(b)(3)(D)(v) of
the Controlled Substances Act (21 U.S.C. 830(b)(3)(D)(v)) is
amended by striking ``section 1018(e)(2)'' and inserting
``section 1018(f)(2)''.
SEC. 717. ENFORCEMENT OF RESTRICTIONS ON IMPORTATION AND OF REQUIREMENT
OF NOTICE OF TRANSFER.
Section 1010(d)(6) of the Controlled Substances Import and Export
Act (21 U.S.C. 960(d)(6)) is amended to read as follows:
``(6) imports a listed chemical in violation of section
1002, imports or exports such a chemical in violation of section
1007 or 1018, or transfers such a chemical in violation of
section 1018(d); or''.
SEC. 718. <<NOTE: 21 USC 826 note.>> COORDINATION WITH UNITED STATES
TRADE REPRESENTATIVE.
In implementing sections 713 through 717 and section 721 of this
title, the Attorney General shall consult with the United States Trade
Representative to ensure implementation complies with all applicable
international treaties and obligations of the United States.
Subtitle B--International Regulation of Precursor Chemicals
SEC. 721. INFORMATION ON FOREIGN CHAIN OF DISTRIBUTION; IMPORT
RESTRICTIONS REGARDING FAILURE OF DISTRIBUTORS TO COOPERATE.
Section 1018 of the Controlled Substances Import and Export Act (21
U.S.C. 971), as amended by section 716(a)(4) of this title, is further
amended by adding at the end the following subsection:
``(h)(1) With respect to a regulated person importing ephedrine,
pseudoephedrine, or phenylpropanolamine (referred to in this section as
an `importer'), a notice of importation under subsection (a) or (b)
shall include all information known to the importer on the chain of
distribution of such chemical from the manufacturer to the importer.
``(2) For the purpose of preventing or responding to the diversion
of ephedrine, pseudoephedrine, or phenylpropanolamine for use in the
illicit production of methamphetamine, the Attorney General may, in the
case of any person who is a manufacturer or distributor of such chemical
in the chain of distribution referred to in paragraph
[[Page 120 STAT. 268]]
(1) (which person is referred to in this subsection as a `foreign-chain
distributor'), request that such distributor provide to the Attorney
General information known to the distributor on the distribution of the
chemical, including sales.
``(3) If the Attorney General determines that a foreign-chain
distributor is refusing to cooperate with the Attorney General in
obtaining the information referred to in paragraph (2), the Attorney
General may, in accordance with procedures that apply under subsection
(c), issue an order prohibiting the importation of ephedrine,
pseudoephedrine, or phenylpropanolamine in any case in which such
distributor is part of the chain of distribution for such
chemical. <<NOTE: Deadline. Federal Register, publication. Notice.>> Not
later than 60 days prior to issuing the order, the Attorney General
shall publish in the Federal Register a notice of intent to issue the
order. During such 60-day period, imports of the chemical with respect
to such distributor may not be restricted under this paragraph.''.
SEC. 722. REQUIREMENTS RELATING TO THE LARGEST EXPORTING AND IMPORTING
COUNTRIES OF CERTAIN PRECURSOR CHEMICALS.
(a) Reporting Requirements.--Section 489(a) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2291h(a)) is amended by adding at the
end the following new paragraph:
``(8)(A) A separate section that contains the following:
``(i) An identification of the five countries that
exported the largest amount of pseudoephedrine,
ephedrine, and phenylpropanolamine (including the salts,
optical isomers, or salts of optical isomers of such
chemicals, and also including any products or substances
containing such chemicals) during the preceding calendar
year.
``(ii) An identification of the five countries that
imported the largest amount of the chemicals described
in clause (i) during the preceding calendar year and
have the highest rate of diversion of such chemicals for
use in the illicit production of methamphetamine (either
in that country or in another country).
``(iii) An economic analysis of the total worldwide
production of the chemicals described in clause (i) as
compared to the legitimate demand for such chemicals
worldwide.
``(B) The identification of countries that imported the
largest amount of chemicals under subparagraph (A)(ii) shall be
based on the following:
``(i) An economic analysis that estimates the
legitimate demand for such chemicals in such countries
as compared to the actual or estimated amount of such
chemicals that is imported into such countries.
``(ii) The best available data and other information
regarding the production of methamphetamine in such
countries and the diversion of such chemicals for use in
the production of methamphetamine.''.
(b) Annual Certification Procedures.--Section 490(a) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2291j(a)) is amended--
(1) in paragraph (1), by striking ``major illicit drug
producing country or major drug-transit country'' and inserting
``major illicit drug producing country, major drug-transit
[[Page 120 STAT. 269]]
country, or country identified pursuant to clause (i) or (ii) of
section 489(a)(8)(A) of this Act''; and
(2) in paragraph (2), by inserting after ``(as determined
under subsection (h))'' the following: ``or country identified
pursuant to clause (i) or (ii) of section 489(a)(8)(A) of this
Act''.
(c) Conforming Amendment.--Section 706 of the Foreign Relations
Authorization Act, Fiscal Year 2003 (22 U.S.C. 2291j-1) is amended in
paragraph (5) by adding at the end the following:
``(C) Nothing in this section shall affect the requirements
of section 490 of the Foreign Assistance Act of 1961 (22 U.S.C.
2291j) with respect to countries identified pursuant to section
clause (i) or (ii) of 489(a)(8)(A) of the Foreign Assistance Act
of 1961.''.
(d) <<NOTE: Deadline. 22 USC 2291h note.>> Plan to Address Diversion
of Precursor Chemicals.--In the case of each country identified pursuant
to clause (i) or (ii) of section 489(a)(8)(A) of the Foreign Assistance
Act of 1961 (as added by subsection (a)) with respect to which the
President has not transmitted to Congress a certification under section
490(b) of such Act (22 U.S.C. 2291j(b)), the Secretary of State, in
consultation with the Attorney General, shall, not later than 180 days
after the date on which the President transmits the report required by
section 489(a) of such Act (22 U.S.C. 2291h(a)), submit to Congress a
comprehensive plan to address the diversion of the chemicals described
in section 489(a)(8)(A)(i) of such Act to the illicit production of
methamphetamine in such country or in another country, including the
establishment, expansion, and enhancement of regulatory, law
enforcement, and other investigative efforts to prevent such diversion.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of State to carry out this section
$1,000,000 for each of the fiscal years 2006 and 2007.
SEC. 723. <<NOTE: 22 USC 2291 note.>> PREVENTION OF SMUGGLING OF
METHAMPHETAMINE INTO THE UNITED STATES FROM MEXICO.
(a) In General.--The Secretary of State, acting through the
Assistant Secretary of the Bureau for International Narcotics and Law
Enforcement Affairs, shall take such actions as are necessary to prevent
the smuggling of methamphetamine into the United States from Mexico.
(b) Specific Actions.--In carrying out subsection (a), the Secretary
shall--
(1) improve bilateral efforts at the United States-Mexico
border to prevent the smuggling of methamphetamine into the
United States from Mexico;
(2) seek to work with Mexican law enforcement authorities to
improve the ability of such authorities to combat the production
and trafficking of methamphetamine, including by providing
equipment and technical assistance, as appropriate; and
(3) encourage the Government of Mexico to take immediate
action to reduce the diversion of pseudoephedrine by drug
trafficking organizations for the production and trafficking of
methamphetamine.
(c) Report.--Not later than one year after the date of the enactment
of this Act, and annually thereafter, the Secretary shall submit to the
appropriate congressional committees a report on the implementation of
this section for the prior year.
[[Page 120 STAT. 270]]
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out this section $4,000,000 for
each of the fiscal years 2006 and 2007.
Subtitle C--Enhanced Criminal Penalties for Methamphetamine Production
and Trafficking
SEC. 731. <<NOTE: 21 USC 865.>> SMUGGLING METHAMPHETAMINE OR
METHAMPHETAMINE PRECURSOR CHEMICALS INTO THE UNITED STATES
WHILE USING FACILITATED ENTRY PROGRAMS.
(a) Enhanced Prison Sentence.--The sentence of imprisonment imposed
on a person convicted of an offense under the Controlled Substances Act
(21 U.S.C. 801 et seq.) or the Controlled Substances Import and Export
Act (21 U.S.C. 951 et seq.), involving methamphetamine or any listed
chemical that is defined in section 102(33) of the Controlled Substances
Act (21 U.S.C. 802(33), shall, if the offense is committed under the
circumstance described in subsection (b), be increased by a consecutive
term of imprisonment of not more than 15 years.
(b) Circumstances.--For purposes of subsection (a), the circumstance
described in this subsection is that the offense described in subsection
(a) was committed by a person who--
(1) was enrolled in, or who was acting on behalf of any
person or entity enrolled in, any dedicated commuter lane,
alternative or accelerated inspection system, or other
facilitated entry program administered or approved by the
Federal Government for use in entering the United States; and
(2) committed the offense while entering the United States,
using such lane, system, or program.
(c) Permanent Ineligibility.--Any person whose term of imprisonment
is increased under subsection (a) shall be permanently and irrevocably
barred from being eligible for or using any lane, system, or program
described in subsection (b)(1).
SEC. 732. MANUFACTURING CONTROLLED SUBSTANCES ON FEDERAL PROPERTY.
Subsection (b) of section 401 of the Controlled Substances Act (21
U.S.C. 841(b)) is amended in paragraph (5) by inserting ``or
manufacturing'' after ``cultivating''.
SEC. 733. INCREASED PUNISHMENT FOR METHAMPHETAMINE KINGPINS.
Section 408 of the Controlled Substances Act (21 U.S.C. 848) is
amended by adding at the end the following:
``(s) <<NOTE: Applicability.>> Special Provision for
Methamphetamine.--For the purposes of subsection (b), in the case of
continuing criminal enterprise involving methamphetamine or its salts,
isomers, or salts of isomers, paragraph (2)(A) shall be applied by
substituting `200' for `300', and paragraph (2)(B) shall be applied by
substituting `$5,000,000' for `$10 million dollars'.''.
SEC. 734. NEW CHILD-PROTECTION CRIMINAL ENHANCEMENT.
(a) In General.--The Controlled Substances Act is amended by
inserting after section 419 (21 U.S.C. 860) the following:
[[Page 120 STAT. 271]]
``Consecutive sentence for manufacturing or distributing, or possessing
with intent to manufacture or distribute, methamphetamine on premises
where children are present or reside
``Sec. 419a. <<NOTE: 21 USC 860a.>> Whoever violates section
401(a)(1) by manufacturing or distributing, or possessing with intent to
manufacture or distribute, methamphetamine or its salts, isomers or
salts of isomers on premises in which an individual who is under the age
of 18 years is present or resides, shall, in addition to any other
sentence imposed, be imprisoned for a period of any term of years but
not more than 20 years, subject to a fine, or both.''.
(b) Clerical Amendment.--The table of contents of the Comprehensive
Drug Abuse Prevention and Control Act of 1970 is amended by inserting
after the item relating to section 419 the following new item:
``Sec. 419a. Consecutive sentence for manufacturing or distributing, or
possessing with intent to manufacture or distribute,
methamphetamine on premises where children are present or
reside.''.
SEC. 735. AMENDMENTS TO CERTAIN SENTENCING COURT REPORTING REQUIREMENTS.
Section 994(w) of title 28, United States Code, is amended--
(1) in paragraph (1)--
(A) by inserting ``, in a format approved and
required by the Commission,'' after ``submits to the
Commission'';
(B) in subparagraph (B)--
(i) by inserting ``written'' before
``statement of reasons''; and
(ii) by inserting ``and which shall be stated
on the written statement of reasons form issued by
the Judicial Conference and approved by the United
States Sentencing Commission'' after ``applicable
guideline range''; and
(C) by adding at the end the following:
``The information referred to in subparagraphs (A) through (F) shall be
submitted by the sentencing court in a format approved and required by
the Commission.''; and
(2) in paragraph (4), by striking ``may assemble or maintain
in electronic form that include any'' and inserting ``itself may
assemble or maintain in electronic form as a result of the''.
SEC. 736. <<NOTE: 21 USC 871a.>> SEMIANNUAL REPORTS TO CONGRESS.
(a) In General.--The Attorney General shall, on a semiannual basis,
submit to the congressional committees and organizations specified in
subsection (b) reports that--
(1) describe the allocation of the resources of the Drug
Enforcement Administration and the Federal Bureau of
Investigation for the investigation and prosecution of alleged
violations of the Controlled Substances Act involving
methamphetamine; and
(2) the measures being taken to give priority in the
allocation of such resources to such violations involving--
(A) persons alleged to have imported into the United
States substantial quantities of methamphetamine or
scheduled listed chemicals (as defined pursuant to the
amendment made by section 711(a)(1));
[[Page 120 STAT. 272]]
(B) persons alleged to have manufactured
methamphetamine; and
(C) circumstances in which the violations have
endangered children.
(b) Congressional Committees.--The congressional committees and
organizations referred to in subsection (a) are--
(1) in the House of Representatives, the Committee on the
Judiciary, the Committee on Energy and Commerce, and the
Committee on Government Reform; and
(2) in the Senate, the Committee on the Judiciary, the
Committee on Commerce, Science, and Transportation, and the
Caucus on International Narcotics Control.
Subtitle D--Enhanced Environmental Regulation of Methamphetamine
Byproducts
SEC. 741. BIENNIAL REPORT TO CONGRESS ON AGENCY DESIGNATIONS OF BY-
PRODUCTS OF METHAMPHETAMINE LABORATORIES AS HAZARDOUS
MATERIALS.
Section 5103 of title 49, Unites States Code, is amended by adding
at the end the following:
``(d) Biennial Report.--The Secretary of Transportation shall submit
to the Committee on Transportation and Infrastructure of the House of
Representatives and the Senate Committee on Commerce, Science, and
Transportation a biennial report providing information on whether the
Secretary has designated as hazardous materials for purposes of chapter
51 of such title all by-products of the methamphetamine-production
process that are known by the Secretary to pose an unreasonable risk to
health and safety or property when transported in commerce in a
particular amount and form.''.
SEC. 742. METHAMPHETAMINE PRODUCTION REPORT.
Section 3001 of the Solid Waste Disposal Act (42 U.S.C. 6921) is
amended at the end by adding the following:
``(j) Methamphetamine Production.--Not later than every 24 months,
the Administrator shall submit to the Committee on Energy and Commerce
of the House of Representatives and the Committee on Environment and
Public Works of the Senate a report setting forth information collected
by the Administrator from law enforcement agencies, States, and other
relevant stakeholders that identifies the byproducts of the
methamphetamine production process and whether the Administrator
considers each of the byproducts to be a hazardous waste pursuant to
this section and relevant regulations.''.
SEC. 743. CLEANUP COSTS.
(a) In General.--Section 413(q) of the Controlled Substances Act (21
U.S.C. 853(q)) is amended--
(1) in the matter preceding paragraph (1), by inserting ``,
the possession, or the possession with intent to distribute,''
after ``manufacture''; and
(2) in paragraph (2), by inserting ``, or on premises or in
property that the defendant owns, resides, or does business in''
after ``by the defendant''.
[[Page 120 STAT. 273]]
(b) <<NOTE: 21 USC 853 note.>> Savings Clause.--Nothing in this
section shall be interpreted or construed to amend, alter, or otherwise
affect the obligations, liabilities and other responsibilities of any
person under any Federal or State environmental laws.
Subtitle E--Additional Programs and Activities
SEC. 751. IMPROVEMENTS TO DEPARTMENT OF JUSTICE DRUG COURT GRANT
PROGRAM.
Section 2951 of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3797u) is amended by adding at the end the following new
subsection:
``(c) Mandatory Drug Testing and Mandatory Sanctions.--
``(1) Mandatory testing.--Grant amounts under this part may
be used for a drug court only if the drug court has mandatory
periodic testing as described in subsection (a)(3)(A). The
Attorney General shall, by prescribing guidelines or
regulations, specify standards for the timing and manner of
complying with such requirements. The standards--
``(A) shall ensure that--
``(i) each participant is tested for every
controlled substance that the participant has been
known to abuse, and for any other controlled
substance the Attorney General or the court may
require; and
``(ii) the testing is accurate and
practicable; and
``(B) may require approval of the drug testing
regime to ensure that adequate testing occurs.
``(2) <<NOTE: Regulations.>> Mandatory sanctions.--The
Attorney General shall, by prescribing guidelines or
regulations, specify that grant amounts under this part may be
used for a drug court only if the drug court imposes graduated
sanctions that increase punitive measures, therapeutic measures,
or both whenever a participant fails a drug test. Such sanctions
and measures may include, but are not limited to, one or more of
the following:
``(A) Incarceration.
``(B) Detoxification treatment.
``(C) Residential treatment.
``(D) Increased time in program.
``(E) Termination from the program.
``(F) Increased drug screening requirements.
``(G) Increased court appearances.
``(H) Increased counseling.
``(I) Increased supervision.
``(J) Electronic monitoring.
``(K) In-home restriction.
``(L) Community service.
``(M) Family counseling.
``(N) Anger management classes.''.
SEC. 752. DRUG COURTS FUNDING.
Section 1001(25)(A) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 <<NOTE: 42 USC 3793.>> (42 U.S.C. 2591(25)(A)) is
amended by adding at the end the following:
``(v) $70,000,000 for fiscal year 2006.''.
[[Page 120 STAT. 274]]
SEC. 753. FEASIBILITY STUDY ON FEDERAL DRUG COURTS.
The Attorney General shall, conduct a feasibility study on the
desirability of a drug court program for Federal offenders who are
addicted to controlled substances. <<NOTE: Deadline.>> The Attorney
General lower-level, non-violate report the results of that study to
Congress not later than June 30, 2006.
SEC. 754. GRANTS TO HOT SPOT AREAS TO REDUCE AVAILABILITY OF
METHAMPHETAMINE.
Title I of the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3711 et seq.) is amended by adding at the end the following:
``PART II-- <<NOTE: Inter-governmental relations.>> CONFRONTING USE OF
METHAMPHETAMINE
``SEC. 2996. <<NOTE: 42 USC 3797cc.>> AUTHORITY TO MAKE GRANTS TO
ADDRESS PUBLIC SAFETY AND METHAMPHETAMINE MANUFACTURING,
SALE, AND USE IN HOT SPOTS.
``(a) Purpose and Program Authority.--
``(1) Purpose.--It is the purpose of this part to assist
States--
``(A) to carry out programs to address the
manufacture, sale, and use of methamphetamine drugs; and
``(B) to improve the ability of State and local
government institutions of to carry out such programs.
``(2) Grant authorization.--The Attorney General, through
the Bureau of Justice Assistance in the Office of Justice
Programs may make grants to States to address the manufacture,
sale, and use of methamphetamine to enhance public safety.
``(3) Grant projects to address methamphetamine manufacture
sale and use.--Grants made under subsection (a) may be used for
programs, projects, and other activities to--
``(A) investigate, arrest and prosecute individuals
violating laws related to the use, manufacture, or sale
of methamphetamine;
``(B) reimburse the Drug Enforcement Administration
for expenses related to the clean up of methamphetamine
clandestine labs;
``(C) support State and local health department and
environmental agency services deployed to address
methamphetamine; and
``(D) procure equipment, technology, or support
systems, or pay for resources, if the applicant for such
a grant demonstrates to the satisfaction of the Attorney
General that expenditures for such purposes would result
in the reduction in the use, sale, and manufacture of
methamphetamine.
``SEC. 2997. <<NOTE: 42 USC 3797cc-1.>> FUNDING.
``There are authorized to be appropriated to carry out this part
$99,000,000 for each fiscal year 2006, 2007, 2008, 2009, and 2010.''.
[[Page 120 STAT. 275]]
SEC. 755. <<NOTE: 42 USC 3797cc-2.>> GRANTS FOR PROGRAMS FOR DRUG-
ENDANGERED CHILDREN.
(a) In General.--The Attorney General shall make grants to States
for the purpose of carrying out programs to provide comprehensive
services to aid children who are living in a home in which
methamphetamine or other controlled substances are unlawfully
manufactured, distributed, dispensed, or used.
(b) Certain Requirements.--The Attorney General shall ensure that
the services carried out with grants under subsection (a) include the
following:
(1) Coordination among law enforcement agencies,
prosecutors, child protective services, social services, health
care services, and any other services determined to be
appropriate by the Attorney General to provide assistance
regarding the problems of children described in subsection (a).
(2) Transition of children from toxic or drug-endangering
environments to appropriate residential environments.
(c) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated $20,000,000
for each of the fiscal years 2006 and 2007. Amounts appropriated under
the preceding sentence shall remain available until expended.
SEC. 756. <<NOTE: 42 USC 3797cc-3.>> AUTHORITY TO AWARD COMPETITIVE
GRANTS TO ADDRESS METHAMPHETAMINE USE BY PREGNANT AND
PARENTING WOMEN OFFENDERS.
(a) Purpose and Program Authority.--
(1) Grant authorization.--The Attorney General may award
competitive grants to address the use of methamphetamine among
pregnant and parenting women offenders to promote public safety,
public health, family permanence and well being.
(2) Purposes and program authority.--Grants awarded under
this section shall be used to facilitate or enhance and
collaboration between the criminal justice, child welfare, and
State substance abuse systems in order to carry out programs to
address the use of methamphetamine drugs by pregnant and
parenting women offenders.
(b) Definitions.--In this section, the following definitions shall
apply:
(1) Child welfare agency.--The term ``child welfare agency''
means the State agency responsible for child and/or family
services and welfare.
(2) Criminal justice agency.--The term ``criminal justice
agency'' means an agency of the State or local government or its
contracted agency that is responsible for detection, arrest,
enforcement, prosecution, defense, adjudication, incarceration,
probation, or parole relating to the violation of the criminal
laws of that State or local government.
(c) Applications.--
(1) In general.--No grant may be awarded under this section
unless an application has been submitted to, and approved by,
the Attorney General.
(2) Application.--An application for a grant under this
section shall be submitted in such form, and contain such
information, as the Attorney General, may prescribe by
regulation or guidelines.
[[Page 120 STAT. 276]]
(3) Eligible entities.--The Attorney General shall make
grants to States, territories, and Indian Tribes. Applicants
must demonstrate extensive collaboration with the State criminal
justice agency and child welfare agency in the planning and
implementation of the program.
(4) <<NOTE: Regulations.>> Contents.--In accordance with
the regulations or guidelines established by the Attorney
General in consultation with the Secretary of Health and Human
Services, each application for a grant under this section shall
contain a plan to expand the State's services for pregnant and
parenting women offenders who are pregnant women and/or women
with dependent children for the use of methamphetamine or
methamphetamine and other drugs and include the following in the
plan:
(A) A description of how the applicant will work
jointly with the State criminal justice and child
welfare agencies needs associated with the use of
methamphetamine or methamphetamine and other drugs by
pregnant and parenting women offenders to promote family
stability and permanence.
(B) A description of the nature and the extent of
the problem of methamphetamine use by pregnant and
parenting women offenders.
(C) A certification that the State has involved
counties and other units of local government, when
appropriate, in the development, expansion,
modification, operation or improvement of proposed
programs to address the use, manufacture, or sale of
methamphetamine.
(D) A certification that funds received under this
section will be used to supplement, not supplant, other
Federal, State, and local funds.
(E) A description of clinically appropriate
practices and procedures to--
(i) screen and assess pregnant and parenting
women offenders for addiction to methamphetamine
and other drugs;
(ii) when clinically appropriate for both the
women and children, provide family treatment for
pregnant and parenting women offenders, with
clinically appropriate services in the same
location to promote family permanence and self
sufficiency; and
(iii) provide for a process to enhance or
ensure the abilities of the child welfare agency,
criminal justice agency and State substance agency
to work together to re-unite families when
appropriate in the case where family treatment is
not provided.
(d) Period of Grant.--The grant shall be a three-year grant.
Successful applicants may reapply for only one additional three-year
funding cycle and the Attorney General may approve such applications.
(e) Performance Accountability; Reports and Evaluations.--
(1) Reports.--Successful applicants shall submit to the
Attorney General a report on the activities carried out under
the grant at the end of each fiscal year.
(2) Evaluations.--Not later than 12 months at the end of the
3 year funding cycle under this section, the Attorney
[[Page 120 STAT. 277]]
General shall submit a report to the appropriate committees of
jurisdiction that summarizes the results of the evaluations
conducted by recipients and recommendations for further
legislative action.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary.
Approved March 9, 2006.
LEGISLATIVE HISTORY--H.R. 3199 (S. 1266) (S. 1389):
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HOUSE REPORTS: No. 109-174, Pt. 1 (Comm. on the Judiciary), Pt. 2
(Permanent Select Comm. on Intelligence), and 109-133 (Comm. of
Conference).
SENATE REPORTS: No. 109-85 accompanying S. 1266 (Select Comm. on
Intelligence).
CONGRESSIONAL RECORD:
Vol. 151 (2005):
July 21, considered and passed
House.
July 29, considered and passed
Senate, amended.
Dec. 14, House agreed to conference
report. Senate considered
conference report.
Dec. 15, 16, Senate considered
conference report.
Vol. 152 (2006):
Mar. 1, 2, Senate considered and
agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 42 (2006):
Mar. 9, Presidential statement and remarks.
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