[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3199 Enrolled Bill (ENR)]
H.R.3199
One Hundred Ninth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the third day of January, two thousand and six
An Act
To extend and modify authorities needed to combat terrorism, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``USA PATRIOT
Improvement and Reauthorization Act of 2005''.
(b) Table of Contents.--The table of contents 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.
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.
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 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 is repealed.
(b) Sections 206 and 215 Sunset.--
(1) 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 (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 (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 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.''.
(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) 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 such court, shall
comprise a petition review pool which shall have jurisdiction to review
petitions filed pursuant to section 501(f)(1).
``(2) Not later than 60 days after the date of the enactment of the
USA PATRIOT 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. 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. 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 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:
``(g) Minimization Procedures.--
``(1) 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) 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 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) 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
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) 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 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) 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:
``(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) 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
``(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 the installation
and use of such pen registers and trap and trace devices.''.
(c) 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;
``(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--
``(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 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),''.
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 ``, 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 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, 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 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) 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).
``(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) 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 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) 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) 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).
``(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) 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 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) 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. 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 (15 U.S.C. 1681(v)) is amended by inserting at the
end the following new subsection:
``(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).
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) 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 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) 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) 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).
(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--
``(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 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 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.''.
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. (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.
``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. 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, 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.
(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)--
(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''.
TITLE II--TERRORIST DEATH PENALTY ENHANCEMENT
SEC. 201. SHORT TITLE.
This title may be cited as the ``Terrorist Death Penalty
Enhancement Act of 2005''.
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.
(a) In General.--Section 60003 of the Violent Crime Control and Law
Enforcement Act of 1994 (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,''.
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.
``(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. Any such proceeding, communication, or request shall
be transcribed and made a part of the record available for appellate
review.
``(g)(1) 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 is amended by striking paragraphs (4) through (10).
TITLE III--REDUCING CRIME AND TERRORISM AT AMERICA'S SEAPORTS
SEC. 301. 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:
``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.--
(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 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)).
``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 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 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:
``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) 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) 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.
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.''.
(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''.
TITLE IV--COMBATING TERRORISM FINANCING
SEC. 401. 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 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 Security may direct, and, with respect to
offenses over which the United States Postal Service has jurisdiction,
by the Postal Service. Such 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.''.
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 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:
``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 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 of the Intelligence Reform and Terrorism Prevention
Act of 2004 is amended (effective on the date of the enactment of that
Act)--
(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. 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) 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.''.
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) 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:
``(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:
``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--
(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 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) 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) 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--SECRET SERVICE
SEC. 601. SHORT TITLE.
This title may be cited as the ``Secret Service Authorization and
Technical Modification Act of 2005''.
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.''.
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--
``(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 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) 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
(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''.
SEC. 606. 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--COMBAT METHAMPHETAMINE EPIDEMIC ACT OF 2005
SEC. 701. 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
(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), 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 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--
``(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) 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);
``(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 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) 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) 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 (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) 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
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) 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--
(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, by striking subsection (e); and
(3) in section 303(h), in the second sentence, by striking
``section 102(39)(A)(iv)'' and inserting ``clause (iv) or (v) of
section 102(39)(A)''.
(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:
``(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) 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 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. 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).
``(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) 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) 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 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), 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), 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. 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 (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. 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 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) 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. 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.
(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. 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) 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:
``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. 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. 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));
(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''.
(b) 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) 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 (42 U.S.C. 2591(25)(A)) is amended by adding
at the end the following:
``(v) $70,000,000 for fiscal year 2006.''.
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. 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--CONFRONTING USE OF METHAMPHETAMINE
``SEC. 2996. 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. 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.''.
SEC. 755. 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. 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.
(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) 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 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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.