[Congressional Record (Bound Edition), Volume 151 (2005), Part 20]
[House]
[Pages 27826-27858]
[From the U.S. Government Publishing Office, www.gpo.gov]




      CONFERENCE REPORT ON H.R. 3199, USA PATRIOT IMPROVEMENT AND 
                      REAUTHORIZATION ACT OF 2005

  Mr. SENSENBRENNER (during the special order of Mr. King of Iowa) 
submitted the following conference report and statement on the bill 
(H.R. 3199) to extend and modify authorities needed to combat 
terrorism, and for other purposes:

                  Conference Report (H. Rept. 109-333)

       The committee of conference on the disagreeing vote of the 
     two Houses on the amendment of the Senate to the bill (H.R. 
     3199), to extend and modify authorities needed to combat 
     terrorism, and for other purposes, having met, after full and 
     free conference, have agreed to recommend and do recommend to 
     their respective Houses as follows:
       That the House recede from its disagreement to the 
     amendment of the Senate and agree to the same with an 
     amendment as follows:
       In lieu of the matter proposed to be inserted by the Senate 
     amendment, insert the following:

     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.

[[Page 27827]]

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

[[Page 27828]]

       (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 
     subparagraphs (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

[[Page 27829]]

     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.''.

     SECTION 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 subsections (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 
     subsection (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''.

[[Page 27830]]

       (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 the 
     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),


[[Page 27831]]


      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 paragraphs (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''
       (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:

[[Page 27832]]

       ``(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
       (3) 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, counter-
     terrorism, 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

[[Page 27833]]

     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 626(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

[[Page 27834]]

     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, sections 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 subsections (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) or (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) 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

[[Page 27835]]

     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:

[[Page 27836]]



     ``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 
     insert 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 tobac2341.''.

     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 or 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; or
       (2) the person is the manufacturer of the qualified fire 
     control or rescue equipment.
       (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

[[Page 27837]]

     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; and
       (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.

[[Page 27838]]

       ``(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.--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

[[Page 27839]]

     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

[[Page 27840]]

     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''.
       (2) in subsection (b), by deleting ``ten years'' and 
     inserting ``twenty years''.

[[Page 27841]]



     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

[[Page 27842]]

     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.''.

     SECTION 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

[[Page 27843]]

       ``(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

[[Page 27844]]

     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

[[Page 27845]]

     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.''.

[[Page 27846]]

       (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.

[[Page 27847]]

       ``(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

[[Page 27848]]

     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--

[[Page 27849]]

       (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.

[[Page 27850]]

       (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.

       And the Senate agree to the same.

     From the Committee on the Judiciary, for consideration of the 
     House bill (except section 132) and the Senate amendment, and 
     modifications committed to conference:
     F. James Sensenbrenner, Jr.,
     Howard Coble,
     Lamar Smith,
     Elton Gallegly,
     Steve Chabot,
     William L. Jenkins,
     Daniel Lungren,
     From the Permanent Select Committee on Intelligence, for 
     consideration secs. 102, 103, 106, 107, 109, and 132 of the 
     House bill, and secs. 2, 3, 6, 7, 9, and 10 of the Senate 
     amendment, and modifications committed to conference:
     Pete Hoekstra,
     Heather Wilson,
     From the Committee on Energy and Commerce, for consideration 
     secs. 124 and 231 of the House bill, and modifications 
     committed to conference:
     Charlie Norwood,
     John Shadegg,
     From the Committee on Financial Services, for consideration 
     sec. 117 of the House bill, and modifications committed to 
     conference:
     Michael G. Oxley,
     Spencer Bachus,
     From the Committee on Homeland Security, for consideration 
     secs. 127-129 of the House bill, and modifications committed 
     to conference:
     Peter T. King,
     Curt Weldon,
                                Managers on the Part of the House.

     Arlen Specter,
     Orrin Hatch,
     Jon Kyl,
     Mike DeWine,
     Jeff Sessions,
     Pat Roberts,
                               Managers on the Part of the Senate.

       JOINT EXPLANATORY STATEMENT OF THE COMMI1TEE OF CONFERENCE

       The managers on the part of the House and the Senate at the 
     conference on the disagreeing votes of the two Houses on the 
     amendment of the Senate to the bill (H.R. 3199), to extend 
     and modify authorities needed to combat terrorism, and for 
     other purposes, submit the following joint statement to the 
     House and the Senate in explanation of the effect of the 
     action agreed upon by the managers and recommended in the 
     accompanying conference report:
       The Senate amendment struck all of the House bill after the 
     enacting clause and inserted a substitute text.
       The House recedes from its disagreement to the amendment of 
     the Senate with an amendment that is a substitute for the 
     House bill and the Senate amendment. The differences between 
     the House bill, the Senate amendment, and the substitute 
     agreed to in conference are noted below, except for clerical 
     corrections, conforming changes made necessary by agreements 
     reached by the conferees, and minor drafting and clarifying 
     changes.
     Section 1. Short title. Table of contents
       The House receded to the Senate on the short title of the 
     Act. The short title is the ``USA PATRIOT Improvement and 
     Reauthorization Act of 2005.''

        TITLE I--USA PATRIOT IMPROVEMENT AND REAUTHORIZATION ACT

     Section 101. References to, and modification of short title 
         for, USA PATRIOT Act
       Section 101 of the conference report is identical to 
     section 101 of the House bill and similar to section 9(d) of 
     the Senate amendment. Section 101 states that references 
     contained within the conference report to the USA PATRIOT Act 
     shall be deemed a reference to Public Law No. 107-56, the 
     ``Uniting and Strengthening America by Providing Appropriate 
     Tools Required to Intercept and Obstruct Terrorism Act (USA 
     PATRIOT Act) of 2001.''
     Section 102. USA PATRIOT Act sunset provisions
       Section 102 of the conference report adopts a 4-year sunset 
     on sections 206 and 215 of the USA PATRIOT Act, and makes 
     permanent the other provisions, all of which were set to 
     expire on December 31, 2005. Sections 206 and 215 relate to 
     Foreign Intelligence Court orders for multipoint, or 
     ``roving,'' wiretaps and for business records requested under 
     the Foreign Intelligence Surveillance Act (FISA).
     Section 103. Extension of sunset relating to individual 
         terrorists as agents of foreign powers
       Section 103 of the conference report extends the sunset of 
     section 6001(b) of the Intelligence Reform and Terrorism 
     Prevention Act (IRTPA) by 4 years so the provision is set to 
     expire on December 31, 2009. Section 6001(b) applied the USA 
     PATRIOT Act sunset to the new definition of ``Agent of a 
     Foreign Power'' under section 6001 of IRTPA. Section 6001 
     states that an ``Agent of a foreign power'' for any person 
     other than a United States person, includes a person who 
     ``engages in international terrorism or activities in 
     preparation thereof.'' This definition reaches ``lone wolf'' 
     terrorists engaged in international terrorism.
     Section 104. Section 2332b and the material support sections 
         of Title 18, United States Code
       Section 104 of the conference report is identical to 
     section 104 of the House bill and substantively similar to 
     section 9(c) of the Senate amendment. This section makes 
     section 6603 of the IRTPA permanent by repealing the sunset 
     contained in section 6603(g) of the IRTPA. This sunset would 
     have allowed a criminal offense, and not a law enforcement 
     tool, to expire. Furthermore, this sunset effectively made 
     the underlying provision unconstitutional. Section 6603 of 
     the IRTPA amended the law to address court concerns on the 
     constitutionality of the prohibition of providing material 
     support to terrorists.
     Section 105. Duration of FISA surveillance of non-United 
         States persons under section 207 of the USA PATRIOT Act
       Section 105 of the conference report is substantively 
     similar to section 106 of the House bill and section 3 of the 
     Senate amendment. This section further extends the maximum 
     duration of orders for electronic surveillance and physical 
     searches targeted against all agents of foreign powers who 
     are not U.S. persons. Initial orders authorizing searches and 
     electronic surveillance will be for periods of up to 120 days 
     and renewal orders will extend for periods of up to one year. 
     Section 105 also extends the maximum duration for both the 
     initial and renewal orders for pen register/trap and trace 
     surveillance to a period of one year in cases where the 
     government certified that the information likely to be 
     obtained is foreign intelligence information not concerning a 
     U.S. person.
     Section 106. Access to certain business records under section 
         215 of the USA PATRIOT Act
       Section 106 of the conference report is a compromise 
     between section 107 of the House bill and section 7 of the 
     Senate amendment. This section of the conference report 
     amends section 215 of the USA PATRIOT Act to clarify that the 
     tangible things sought by a section 215 FISA order (``215 
     order'') must be ``relevant'' to an authorized preliminary or 
     full investigation to obtain foreign intelligence information 
     not concerning a U.S. person or to protect against 
     international terrorism or clandestine intelligence 
     activities. The provision also requires a statement of facts 
     to be included in the application that shows there are 
     reasonable grounds to believe the tangible things sought are 
     relevant, and, if such facts show reasonable grounds to 
     believe that certain specified connections to a foreign power 
     or an agent of a foreign power are present, the tangible 
     things sought are presumptively relevant. Congress does not 
     intend to prevent the FBI from obtaining tangible items that 
     it currently can obtain under section 215.
       The provision also clarifies that a recipient of a FISA 
     section 215 production order may challenge that order, and 
     may disclose receipt to a lawyer, other persons necessary to 
     comply with the order, and additional persons approved by the 
     FBI. This provision allows the FBI to request the recipient 
     to identify the individuals to whom disclosure has been or 
     will be made. The provision also makes clear that a judge 
     should approve an application only ``if the judge finds that 
     the [applicable] requirements [of the section] have been 
     met.'' The provision also expressly provides for a judicial 
     review process that authorizes a specified pool of FISA court 
     judges to review a 215 order that has been challenged. The 
     provision requires high-level approval, and specific 
     congressional reporting, of requests for certain sensitive 
     categories of records, such as library, bookstore, tax 
     return, firearms sales, educational, and medical records. The 
     provision requires promulgation and application of 
     minimization procedures governing the retention and 
     dissemination by the FBI of any tangible thing obtained under 
     this section and requires restrictions on the use of 
     information obtained with an order under this section.
       In addition, section 106 directs the Attorney General to 
     draft minimization procedures that apply to information 
     obtained under a FISA ``business records'' order. In the 
     application for the order, the applicant must enumerate the 
     minimization procedures applicable to the retention and 
     dissemination of the tangible things sought by the FBI in the 
     application. Such enumerated procedures should meet the 
     requirements set

[[Page 27851]]

     forth in the definition of minimization procedures found in 
     new subsection (g) of section 501. If the court finds that 
     the enumerated procedures fail to meet the requirements of 
     subsection (g), the Conferees expect that the court will 
     direct that other procedures adopted by the Attorney General 
     be applied to the information sought, consistent with the 
     authority of the court specified in section 501(c)(1), as 
     amended.
       Under subsection (g)(1), as amended, the Attorney General 
     is required to adopt minimization procedures within 180 days 
     of the enactment of this Act. Until the Attorney General 
     complies, the Conferees expect that the requirements of 
     subsections (b)(2)(B), (c)(1), and (h) that relate to the 
     adoption of minimization procedures will be viewed as 
     ineffective and, thus, not prevent the use of section 501 to 
     acquire tangible things.
     Sec. 106A. Audit on access to certain business records for 
         foreign intelligence purposes
       Section 106A of the conference report is a new provision. 
     This section requires that the Department of Justice 
     Inspector General conduct an audit on the effectiveness and 
     use of section 215 and submit an unclassified report of the 
     audit to the House and Senate Committees on the Judiciary and 
     Intelligence.
     Section 107. Enhanced oversight of good-faith emergency 
         disclosures under section 212 of the USA PATRIOT Act
       Section 107 of the conference report is virtually identical 
     to section 4 of the Senate amendment, but includes some 
     technical corrections to title 18 of the United States Code. 
     Section 108 of the House bill is substantively similar. 
     Section 107 of the conference report amends 18 U.S.C. 
     Sec. 2702, as amended by section 212 of the USA PATRIOT Act. 
     Section 212 allows Internet service providers to disclose 
     voluntarily the contents of electronic communications, as 
     well as subscriber information, in emergencies involving 
     immediate danger of death or serious physical injury. To 
     address concerns that this authority, in certain 
     circumstances, is not subject to adequate congressional, 
     judicial, or public oversight (particularly in situations 
     where the authority is used but criminal charges do not 
     result) the conference report requires the Attorney General 
     to report annually to the Judiciary Committees of the House 
     and Senate and to set forth the number of accounts subject to 
     section 212 disclosures. The report also must summarize the 
     basis for disclosure in certain circumstances. The Conferees 
     believe this will strengthen oversight on the use of this 
     authority without undermining important law enforcement 
     prerogatives and without alerting perpetrators, while 
     simultaneously preserving the vitality of this life-saving 
     authority.
     Section 108. Multipoint electronic surveillance under section 
         206 of the USA PATRIOT Act
       Section 108 of the conference report is a compromise 
     between section 109 of the House bill and section 2 of the 
     Senate amendment. Section 206 of the USA PATRIOT Act enabled 
     the use of multipoint, or ``roving,'' wiretaps in FISA 
     investigations. The conference report clarifies that the FISA 
     court must find that the possibility of the target thwarting 
     surveillance is based on specific facts in the application. 
     This is reflected in language contained in section 109(a) of 
     the House bill and for which the Senate amendment did not 
     have a comparable provision. In language derived from section 
     2(a) of the Senate amendment and for which the House bill had 
     no comparable provision, the conference report also requires 
     that the order describe the specific target in detail when 
     authorizing a roving wiretap for a target whose identity is 
     not known. The conference report requires that in the event 
     the government begins directing surveillance at a new 
     facility or place where the nature and location of each of 
     the facilities or places was unknown at the time the 
     surveillance order was issued, the government must notify the 
     issuing FISA court on an ongoing basis for all multipoint 
     surveillance authority, which addresses concerns of some that 
     the open-ended authorization to surveil new locations could 
     be abused. The conference report provisions provide further 
     protections by including an extra layer of judicial review 
     and to ensure that intelligence investigators will not abuse 
     the multipoint authority. This approach is superior in the 
     FISA context (where surveillance is often long-running and 
     subject to extensive and sophisticated counter-surveillance 
     measures) to a proximity test or ascertainment requirement, 
     both of which could potentially endanger an investigation or 
     field agents conducting the investigation.
     Section 109. Enhanced congressional oversight
       Section 109 of the conference report is similar to section 
     10 of the Senate amendment, but with an additional new 
     provision. Section 109 of the conference report is identical 
     to section 10 of the Senate amendment and requires: (1) the 
     FISA court to publish its rules; and (2) reporting to the 
     House and Senate Judiciary Committees of the use of the 
     emergency employments of electronic surveillance, physical 
     searches, and pen register and trap and trace devices. 
     Section 109(c) of the conference report also requires that 
     the Secretary of the Department of Homeland Security submit a 
     written report providing a description of internal affairs 
     operations at U.S. Citizenship & Immigration Services to the 
     Judiciary Committees of the House and the Senate.
     Section 110. Attacks against railroad carriers and mass 
         transportation systems
       The conference report is substantively similar to sections 
     110, 115, and 304 of the House bill. There are no equivalent 
     provisions in the Senate amendment, but section 110 of the 
     conference report is substantively similar to S. 629, the 
     ``Railroad Carriers and Mass Transportation Act of 2005,'' 
     which was reported favorably by the Senate Judiciary 
     Committee. Section 110 of the conference report amends 18 
     U.S.C. Sec. 1993, which was created by the USA PATRIOT Act to 
     protect against terrorist attacks and other acts of violence 
     against mass transportation systems. However, current law 
     does not cover the planning for such attacks. The conference 
     report closes this loophole to make it a crime to ``surveil, 
     photograph, videotape, diagram, or to otherwise collect 
     information with the intent to plan or assist in planning any 
     of the acts described'' in paragraphs (1)-(5) of section 
     1993(a). It also harmonizes section 1993 with 18 U.S.C. 
     Sec. 1992 (which criminalizes the ``wrecking of trains''), in 
     order to eliminate the inconsistency between the intent 
     standard in the mass transportation statute and the intent 
     standard in the wrecking trains statute. It also strengthens 
     the protection of mass transportation and railroad systems 
     by: expanding the types of railroad property and equipment 
     that are explicitly protected by Federal law; updating the 
     definition of ``dangerous weapons'' to cover box cutters and 
     other previously unrecognized weapons; and expanding the 
     types of prohibited attacks to include causing the release of 
     a hazardous material, a biological agent, or toxin near the 
     property of a railroad carrier or mass transportation system. 
     The conference report restricts the death penalty against 
     inchoate offenses, but retains the death penalty for 
     aggravated offenses. The section also expands coverage of the 
     criminal offense to include passenger vessels (as defined in 
     46 U.S.C. Sec. 2101(22)).
     Section 111. Forfeiture
       Section 111 of the conference report is identical to 
     section 111 of the House bill. There is no comparable section 
     in the Senate amendment. The USA PATRIOT Act amended 18 
     U.S.C. Sec. 981 to expressly provide that any property used 
     to commit or facilitate the commission of, derived from, or 
     otherwise involved in a Federal crime of terrorism (as 
     defined in 18 U.S.C. Sec. 2331) is subject to civil 
     forfeiture provisions. Prior to the USA PATRIOT Act, only the 
     ``proceeds'' of a crime of terrorism were subject to civil 
     forfeiture provisions. This section extends forfeiture to 
     include property used in or derived from ``trafficking in 
     nuclear, chemical, biological, or radiological weapons 
     technology or material.''
     Section 112. Section 2332b(g)(5)(B) amendments relating to 
         the definition of Federal crime of terrorism
       Section 112 of the conference report is substantively 
     similar to section 112 of the House bill but includes an 
     additional offense. There is no comparable provision in the 
     Senate amendment. This section amends the current definition 
     of ``Federal crime of terrorism,'' to include new predicate 
     offenses. It also includes a clerical correction to 18 U.S.C. 
     Sec. 2332b(g)(S)(B).
     Section 113. Amendments to section 2516(1) of Title 18, 
         United States Code
       Section 113 of the conference report is substantively 
     similar to sections 113 and 122 of the House bill, but 
     includes additions. 18 U.S.C. Sec. Sec. 2510-2522 require the 
     government, unless otherwise permitted, to obtain an order of 
     a court before conducting electronic surveillance. The 
     government is permitted to seek such orders only in 
     connection with the investigation of the criminal offenses 
     enumerated in 18 U.S.C. Sec. 2516. The USA PATRIOT Act added 
     new wiretap offenses related to terrorism. Section 113 adds 
     new ``wiretap predicates'' under 18 U.S.C. Sec. 2516, which 
     relate to crimes of terrorism. Those predicates include 18 
     U.S.C. Sec. Sec. 37 (violence at international airports); 43 
     (animal enterprise terrorism); 81 (arson within special 
     maritime and territorial jurisdiction); 175b (biological 
     agents); 832 (nuclear and weapons of mass destruction 
     threats); 842 (explosive materials); 930 (possession of 
     weapons in Federal facilities); 956 (conspiracy to harm 
     persons or property overseas); 1028A (aggravated identity 
     theft); 1114 (killing Federal employees); 1116 (killing 
     certain foreign officials); 1993 (attacks of mass transit); 
     2340A (torture); 2339 (harboring terrorists); 2339D 
     (terrorist military training); and 5324 (structuring 
     transactions to evade reporting requirements). In addition to 
     these sections, new predicates are added under 49 U.S.C. 
     Sec. Sec. 46504 (assault on a flight crew member with a 
     dangerous weapon); and 46505(b)(3) or (c) (certain weapons 
     offenses aboard an aircraft).
     Section 114. Delayed notice search warrants
       Section 114 of the conference report is a compromise 
     between sections 114 and 121 of the House bill and section 5 
     of the Senate amendment. Contrary to reports; the USA PATRIOT 
     Act did not create delayed notice search warrants, but rather 
     codified existing

[[Page 27852]]

     case law governing delayed notices for search warrants. 
     Delayed notice simply means that a court has expressly 
     authorized investigators to delay temporarily notifying a 
     subject that a search warrant has been executed (i.e., a 
     court-ordered search has occurred). The search warrant itself 
     is the same regardless of when the subject receives notice. 
     Thus, before a search warrant is issued, whether notice is or 
     is not delayed, a Federal judge must find that there is 
     probable cause to believe that a crime has been or is about 
     to be committed and that evidence of that crime or the fruits 
     or instrumentalities of that crime will be found at the 
     location to be searched. As the Department of Justice 
     explained in an August 29, 2005 letter (p. A-5), ``Delayed 
     notice search warrants have been available for decades and 
     were in use long before the USA PATRIOT Act was enacted. 
     Section 213 of the USA PATRIOT Act merely created a 
     nationally uniform process and standard for obtaining them.''
       Section 213 codified the established standard of 
     reasonableness for delayed notice search warrants, which 
     previously had been the cause for some to express concern 
     about this indefinite term. Both the House bill in section 
     114, and the Senate amendment in section 5, placed a maximum 
     specified limit on the length of time in which a judge could 
     authorize law enforcement to delay notice to the subject that 
     a search has been conducted. The House provision provided 
     that the court maintains the discretion to delay notice for 
     up to 180 days with extensions of up to 90 days. The Senate 
     amendment limited the delay to ``not later than 7 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, with 
     extensions of up to 90 days unless the facts justify 
     longer.'' The conference report reflects a compromise between 
     the House and Senate provisions to define a reasonable delay 
     as up to 30 days for an initial request, or on a later date 
     certain if the facts justify, and extensions of up to 90 days 
     unless the facts justify longer.
     Section 115. Judicial review of national security letters
       Section 115 of the conference report is substantively 
     similar to section 116 of the House bill and section 8 of the 
     Senate amendment. This section makes explicit that the 
     recipient of a national security letter (NSL) may consult 
     with an attorney and challenge the NSL in court. This section 
     of the conference report amends NSL authority under 18 U.S.C. 
     Sec. 2709, 15 U.S.C. Sec. 1681u, 15 U.S.C. Sec. 1861v, 12 
     U.S.C. Sec. 3414, and 50 U.S.C. Sec. 436, in a similar manner 
     to the House bill. The Senate amendment only modified 18 
     U.S.C. Sec. 2709. The conference report: provides that the 
     recipient of an NSL may petition for an order modifying or 
     setting aside the request in the U.S. district court for the 
     district in which that person or entity does business or 
     resides; allows the government to move for judicial 
     enforcement of the NSL in the event of non-compliance by 
     recipients; and allows the court to impose sanctions for 
     contempt of court if a recipient fails to comply with a court 
     order to enforce an NSL.
     Section 116. Confidentiality of national security letters
       Section 116 of the conference report is substantively 
     similar to section 117 of the House bill and section 8 of the 
     Senate amendment. This section provides that upon 
     certification by an individual authorized to issue an NSL, 
     should the disclosure endanger any individual or national 
     security, or interfere with diplomatic relations or a 
     criminal or intelligence investigation, then the disclosure 
     of the NSL is prohibited. This section allows for the 
     disclosure to those necessary to comply with an NSL or obtain 
     legal advice or assistance with respect to an NSL. If the 
     recipient makes this further disclosure as authorized by law, 
     the recipient must then notify the person or persons of all 
     applicable nondisclosure requirements. At the request of the 
     Director of National Intelligence, the conference report 
     includes language that allows the Director of the Federal 
     Bureau of Investigation, or the designee of the Director, to 
     request from any person making or intending to make a 
     disclosure to comply with or to receive legal advice or legal 
     assistance, to identify to whom such disclosure will be made. 
     The language does not allow the FBI Director or designee of 
     the Director to request the recipient of an NSL disclose the 
     name of an attorney to whom such disclosure will be made. The 
     provision, however, does allow the FBI Director or designee 
     of the Director to make such a request for the name of an 
     attorney to whom disclosure has already been made. The 
     conference report clarifies that a recipient of an NSL may 
     challenge any nondisclosure requirement in court. If a 
     petition is filed within 1 year of issuance of an NSL, the 
     court may modify or set aside such a nondisclosure 
     requirement if it finds that there is no reason to believe 
     that disclosure may harm national security; interfere with 
     criminal, counterintelligence, or counterterrorism 
     investigations; interfere with diplomatic relations; or 
     endanger the life or physical safety of a person. If, upon 
     filing the petition, a high-ranking official re-certifies 
     that disclosure may endanger national security or interfere 
     with diplomatic relations, the court must treat the re-
     certification as conclusive unless there is a showing of bad 
     faith. If a petition is filed after a year, a specific 
     official, within 90 days of the filing of the petition, shall 
     either terminate the nondisclosure requirement or re-certify 
     that nondisclosure may: result in danger to the national 
     security of the U.S.; interfere with a criminal, 
     counterterrorism, or counterintelligence investigation; 
     interfere with diplomatic relations; or endanger the life or 
     physical safety of any person. In the event of re-
     certification, the court again may modify or set aside such a 
     nondisclosure requirement only upon a finding of bad faith. 
     The petitioner is barred from seeking review of the 
     nondisclosure requirement for one year if the petition was 
     denied, but can continue to petition every year. This 
     provision recognizes that the Executive branch is both 
     constitutionally and practically better suited to make 
     national security and diplomatic relations judgments than the 
     judiciary.
     Section 117. Violations of nondisclosure provisions of 
         national security letters
       This section of the conference report is similar to section 
     118 of the House bill. There is no comparable provision in 
     the Senate amendment. This section provides for a felony 
     charge against an individual who was notified of an 
     applicable nondisclosure requirement and nonetheless 
     knowingly and with intent to obstruct an investigation or 
     judicial proceeding, violates that nondisclosure order. The 
     criminal penalties under 18 U.S.C. Sec. 1510 include up to 
     five years imprisonment, a fine, or both. Current law 
     contains no penalties for such violations.
     Section 118. Reports on national security letters
       Section 118 of the conference report is similar to section 
     119 of the House bill, with some additional reporting 
     requirements that are similar to provisions contained in the 
     Senate amendment. This section requires reporting to the 
     House and Senate Judiciary Committees on all NSLs, similar to 
     reporting that the Intelligence Committees receive. This 
     section also requires that the Attorney General submit to 
     Congress the annual aggregate number of requests made 
     concerning different U.S. persons. Such reporting will permit 
     the public to see some of the same data Congress sees in 
     conducting its oversight responsibilities of the DOJ. Due to 
     the manner in which this data is currently collected, 
     Congress understands that current reporting may somewhat 
     overstate the number of different U.S. persons about whom 
     requests for information are made, because NSLs seeking 
     information on a particular person may be served at different 
     times and from different FBI field offices. In order to 
     report a number to Congress that is as meaningful as 
     possible, Congress anticipates that the DOJ will undertake 
     reasonable efforts to modify its data collection. Congress, 
     however, does not anticipate that the DOJ will undertake 
     costly or bureaucratically difficult steps to prepare this 
     report.
     Section 119. Enhanced oversight of national security letters
       Section 119 is a new section that requires the Inspector 
     General of DOJ to conduct an audit of the effectiveness and 
     the use of the NSL authority. The report will detail the 
     specific functions and particular characteristics of the NSLs 
     issued and comment on the necessity of this law enforcement 
     tool. This report will be submitted to the House and Senate 
     Committees on the Judiciary and Intelligence one year after 
     the enactment of the conference report.
     Section 120. Definition for forfeiture provisions under 
         section 806 of the USA PATRIOT Act
       Section 120 of the conference report is substantively 
     similar to section 120 of the House bill. There is no 
     comparable provision in the Senate amendment. This provision 
     replaces the reference to the broad definition under 18 
     U.S.C. Sec. 2331 with the definition of a Federal crime of 
     terrorism for asset forfeiture under 18 U.S.C. 
     Sec. 981(a)(1)(G).
     Section 121. Penal provisions regarding trafficking in 
         contraband cigarettes or smokeless tobacco
       Section 121 of the conference report is substantively 
     similar to section 123 of the House bill. There is no 
     comparable provision in the Senate amendment. This section of 
     the conference report amends the Contraband Cigarette 
     Trafficking Act (``CCTA,'' 18 U.S.C. Sec. Sec. 2341 et seq.), 
     which makes it unlawful for any person knowingly to ship, 
     possess, sell, distribute or purchase contraband cigarettes. 
     This section amends the CCTA by: (1) extending its provisions 
     to cover contraband smokeless tobacco; (2) reducing the 
     number of cigarettes that trigger application of the CCTA 
     from 60,000 to 10,000; (3) imposing reporting requirements on 
     persons, except for tribal governments, who engage in 
     delivery sales of more than 10,000 cigarettes or 500 single-
     unit cans or packages of smokeless tobacco in a single month; 
     (4) requiring the destruction of cigarettes and smokeless 
     tobacco seized and forfeited under the CCTA; and (5) 
     authorizing State and local governments, and certain persons 
     who hold Federal tobacco permits, to bring causes of action 
     against violators of the CCTA. It also amends section 
     2344(c), the contraband cigarette forfeiture provisions, by 
     adding ``contraband smokeless tobacco'' to items subject to 
     forfeiture and by removing the reference to the Internal 
     Revenue Code, which became

[[Page 27853]]

     outdated after the enactment of the Civil Asset Forfeiture 
     Reform Act of 2000.
     Section 122. Prohibition of narco-terrorism
       Section 122 of the conference report is substantively 
     similar to section 124 of the House bill. There is no 
     comparable provision in the Senate amendment. This section 
     adds new section 1010A to Part A of the Controlled Substance 
     Import and Export Act, (21 U.S.C. Sec. Sec. 951 et seq.), 
     making it a Federal crime to engage in drug trafficking to 
     benefit terrorists. The conference report changes the 
     mandatory minimum penalty from the 20 years provided in the 
     House bill to simply twice the minimum under 21 U.S.C. 
     Sec. 841(b). Finally, the conference report modifies the 
     proof requirements of the House-passed bill to clarify that a 
     person must have knowledge that the person or organization 
     has engaged or engages in terrorist activity or terrorism.
     Section 123. Interfering with the operation of an aircraft
       Section 123 of the conference report is substantively 
     similar to section 125 of the House bill. There is no 
     comparable provision in the Senate amendment. This section 
     amends 18 U.S.C. Sec. 32, which prohibits the destruction of 
     aircraft or aircraft facilities, to address the increasing 
     number of reports to the Federal Aviation Administration of 
     the intentional aiming of lasers into airplane cockpits. The 
     amendment makes it illegal to interfere with or disable a 
     pilot or air navigation facility operator with the intent to 
     endanger the safety of any person or with reckless disregard 
     for the safety of human life.
     Section 124. Sense of Congress relating to lawful political 
         activity
       Section 124 of the conference report is substantively 
     similar to section 126 of the House bill. There is no 
     comparable provision in the Senate amendment. This sense of 
     the Congress articulates that no American citizen should be 
     the target of a criminal investigation solely as a result of 
     that person's lawful political activity or membership in a 
     non-violent political organization. During the many 
     congressional hearings held on the PATRIOT Act, both in open 
     and classified settings, there has been absolutely no 
     evidence adduced that the Department of Justice or the FBI 
     has used the powers conferred by law to investigate anyone 
     based on his or her participation in the political process.
     Section 125. Removal of civil liability barriers that 
         discourage the donation of fire equipment to volunteer 
         fire companies
       Section 125 of the conference report is substantively 
     similar to section 131 of the House bill. There is no 
     comparable provision in the Senate amendment. This section 
     establishes immunity from civil liability (other than for 
     gross negligence or intentional misconduct) for anyone other 
     than a fire equipment manufacturer who donates fire equipment 
     to volunteer fire companies.
     Section 126. Report on data-mining activities
       Section 126 of the conference report is similar to section 
     132 of the House bill. There is no comparable provision in 
     the Senate amendment. This section instructs the Attorney 
     General to report to Congress on Department of Justice use or 
     development of pattern-based data-mining technology.
     Section 127. Sense of Congress
       Section 127 of the conference report is substantively 
     similar to section 133 of the House bill. There is no 
     comparable provision in the Senate amendment. This section is 
     a sense of the Congress that the victims of terrorist attacks 
     should have access to the assets of terrorists.
     Section 128. PATRIOT section 214; authority for disclosure of 
         additional information in connection with orders for pen 
         register and trap and trace authority under FISA
       Section 128 of the conference report is substantively 
     identical to section 6 of the Senate amendment. There is no 
     comparable provision in the House bill. This section 
     requires: (1) an ex-parte order for a pen register or trap 
     and trace device for foreign intelligence purposes to direct 
     the provider, upon the applicant's request, to disclose 
     specified information to the Federal officer using the 
     device; and (2) the Attorney General to fully inform the 
     House and Senate Judiciary Committees regarding the use of 
     such devices.

             TITLE II--TERRORIST DEATH PENALTY ENHANCEMENT

     Section 201. Short title
       The short title is the ``Terrorist Death Penalty 
     Enhancement Act of 2005.'' Section 201 of the conference 
     report is identical to section 201 of the House bill. There 
     is no comparable provision in the Senate amendment.


            Subtitle A--Terrorist Penalties Enhancement Act

     Section 211. Death penalty procedures for certain air piracy 
         cases occurring before enactment of the Federal Death 
         Penalty Act of 1994
       This section is the same as section 213 of the House bill, 
     except for the addition of a severability clause. There is no 
     comparable provision in the Senate amendment. Section 211 of 
     the conference report provides procedures for death penalty 
     prosecutions for air piracy crimes occurring before the 1994 
     Federal Death Penalty Act, provided that the government 
     establishes the existence of one or more factors under former 
     49 U.S.C. Sec. 46503(c)(2), or its predecessor, and that the 
     defendant has not established by a preponderance of the 
     evidence the existence of any of the factors set forth in 
     former 49 U.S.C. Sec. 46503(c)(1), or its predecessor. This 
     section makes the 1994 procedures applicable to post-1974, 
     and pre-1994 air piracy murder cases.
       Section 211 of the conference report would permit the 
     imposition of the death penalty upon an individual convicted 
     of air piracy offenses resulting in death where those 
     offenses occurred after enactment of the Antihijacking Act of 
     1974 but before the enactment of the Federal Death Penalty 
     Act of 1994. This provision would cover a small, but 
     important category of defendants, including those responsible 
     for the December 1984 hijacking of Kuwait Airways flight 221 
     and the murder of two American United States Agency for 
     International Development employees, William Stanford and 
     Charles Hegna; the June 1985 hijacking of TWA flight 847 and 
     the murder of Navy diver Robert Stethem; the November 1985 
     hijacking of Egyptair flight 648 and the murder of American 
     servicewoman Scarlett Rogenkamp as well as 56 other 
     passengers; and the September 1986 hijacking of Pan Am flight 
     73 and the murder of American citizens Rajesh Kumar and 
     Surendra Patel, as well as at least 19 other passengers and 
     crew.
       Section 211 is important to reaffirm the intent of Congress 
     to have available the ultimate penalty to use against 
     aircraft hijackers whose criminal actions result in death. In 
     1974, Congress enacted the Antihijacking Act, making the 
     crime of air piracy the one and only crime under Federal law 
     for which Congress passed comprehensive procedures, in 
     response to Furman v. Georgia, 408 U.S. 238 (1972), to ensure 
     that the death penalty could be constitutionally enforced. 
     Over the years after the passage of the Antihijacking Act of 
     1974, the crime of air piracy was repeatedly cited by Members 
     of Congress and the Executive Branch as an example of a crime 
     for which Congress had enacted the necessary constitutional 
     provisions to enforce the death penalty. In 1994, in an 
     effort to make the death penalty widely available for 
     numerous Federal offenses, and to enact uniform procedures to 
     apply to all Federal capital offenses, Congress passed the 
     Federal Death Penalty Act of 1994 (``FDPA''), explicitly 
     including air piracy procedures among the list of crimes to 
     which it applied, at the same time repealing the former death 
     penalty procedures of the Antihijacking Act of 1974.
       The problem with this legal development is that there is a 
     perceived gap in legislative intent to maintain the option of 
     a death penalty for those who committed air piracy resulting 
     in death before enactment of the FDPA. On September 29, 2001, 
     the United States obtained custody of Zaid Hassan Abd Latif 
     Safarini, the operational leader of the deadly attempted 
     hijacking of Pan Am flight 73, a crime which occurred on 
     September 5, 1986, in Karachi, Pakistan, and which resulted 
     in the death of at least 20 people, including two United 
     States citizens, and the injury of more than 100 others. 
     Safarini personally executed the first United States citizen 
     and after a 16-hour stand-off, he and his fellow hijackers 
     opened fire on approximately 380 passengers and crew on board 
     Pan Am 73, attempting to kill all of them with grenades and 
     assault rifles. Safarini and his co-defendants had been 
     indicted by a grand jury in the District of Columbia in 1991, 
     and after his capture in 2001, the prosecutors filed papers 
     stating the government's intention to seek the death penalty 
     against Safarini. The district court, however, ruled that the 
     government could not seek the death penalty in this case or, 
     by implication, in any other air piracy case from the pre-
     FDPA period, essentially because Congress had not made clear 
     which procedures should apply to such a prosecution. In its 
     ruling, the court noted that, at the time it passed the FDPA 
     in 1994, Congress did not state any intention as to whether 
     the new capital sentencing procedures should be applied to 
     air piracy offenses occurring before enactment of the FDPA. A 
     further complication exists, in that there are two provisions 
     of the Antihijacking Act of 1974 that, if taken away from 
     pre-FDPA air piracy defendants, could pose ex post facto 
     concerns in light of Ring v. Arizona, 536 U.S. 584 (2002). 
     Safarini has since pled guilty to the charged offenses and 
     was sentenced, pursuant to a plea agreement, to three life 
     terms plus twenty-five years imprisonment.
       Section 211 addresses the issues identified by the district 
     court in the Safarini case by explicitly stating that 
     Congress intends for the provisions of the FDPA to apply to 
     this category of defendants, while also explicitly preserving 
     for such defendants the two provisions of the Antihijacking 
     Act to which they are arguably constitutionally entitled, 
     concerning the statutory aggravating and mitigating 
     circumstances set forth in the Antihijacking Act.
       This provision is particularly important for several other 
     reasons. In the absence of a death penalty that could be 
     implemented for pre-FDPA hijacking offenses resulting in 
     death that also occurred before the effective

[[Page 27854]]

     date of the Sentencing Guidelines on November 1, 1987, the 
     maximum penalty available would be life imprisonment. Under 
     the pre-Sentencing Guidelines structure, even prisoners 
     sentenced to life imprisonment were eligible for a parole 
     hearing after serving only ten years. While there is a split 
     in the Circuit Courts of Appeals as to whether a sentencing 
     judge can impose a sentence that could avert the 10-year 
     parole hearing requirement, the current position of the 
     Bureau of Prisons is that a prisoner is eligible for a parole 
     hearing after serving ten years of a life sentence. Even if 
     parole is denied on that first occasion, such prisoners are 
     entitled to have regularly scheduled parole hearings every 
     two years thereafter. Moreover, in addition to parole 
     eligibility after ten years, the old sentencing and parole 
     laws incorporated a presumption that even persons sentenced 
     to life imprisonment would be released after no more than 30 
     years.
       In the context of the individuals responsible for the 
     hijacking incidents described above, most of the perpetrators 
     were no older than in their twenties when they committed 
     their crimes. The imposition of a pre-Guidelines sentence of 
     life imprisonment for these defendants means that many, if 
     not all of them, could be expected to be released from prison 
     well within their lifetime. Given the gravity of these 
     offenses, coupled with the longstanding Congressional intent 
     to have a death penalty available for the offense of air 
     piracy resulting in death, such a result would be at odds 
     with the clear directive of Congress.
       Section 211 includes a severability clause that would 
     establish that if any provision of the Act or the application 
     thereof to any person or circumstance is held invalid by a 
     court of law, the remainder of Section 211 and the 
     application of such provision to other persons or 
     circumstances shall not be affected by that declaration of 
     invalidity. The inclusion of this severability clause means 
     that the unaffected portions of the law would remain 
     operable.
     Section 212. Postrelease supervision of terrorists
       This section is substantively similar to section 215 of the 
     House bill. There is no comparable provision in the Senate 
     amendment. Section 212 of the conference report expands the 
     scope of the individuals covered by the post-release 
     supervision provisions for terrorists.


              Subtitle B--Federal Death Penalty Procedures

     Section 221. Elimination of procedures applicable only to 
         certain Controlled Substances Act cases
       This section retains a portion of section 231 of the House 
     bill. There is no comparable provision in the Senate 
     amendment. The conference report eliminates duplicative death 
     procedures under title 21 of the United States Code, and 
     consolidates procedures governing all Federal death penalty 
     prosecutions in existing title 18 of the United States Code, 
     thereby eliminating confusing requirements that trial courts 
     provide two separate sets of jury instructions in certain 
     Federal death penalty prosecutions.
     Section 222. Counsel for financially unable defendants
       Section 222 of the conference report is a new provision. 
     This section transfers existing statutes from the death 
     penalty procedures contained in title 21 of the United States 
     Code to the death penalty procedures in title 18 of the 
     United States Code. This section requires that any death-
     penalty eligible defendant who is or becomes financially 
     unable to obtain adequate representation or investigative, 
     expert, or other reasonably necessary services will be 
     entitled to the appointment of one or more attorneys and the 
     furnishing of such other services.

     TITLE III--REDUCING CRIME AND TERRORISM AT AMERICA'S SEAPORTS

     Section 301. Short title
       This section designates the short title as the ``Reducing 
     Crime and Terrorism at America's Seaports Act of 2005.'' 
     Section 301 of the conference report is identical to section 
     301 of the House bill. There is no comparable provision in 
     the Senate amendment, but this section is similar to S. 378, 
     the ``Reducing Crime and Terrorism at America's Seaports Act 
     of 2005,'' which was reported favorably by the Senate 
     Committee on the Judiciary on April 21, 2005.
     Section 302. Entry by false pretenses to any seaport
       Section 302 of the conference report is substantively 
     similar to section 302 of the House bill and the parallel 
     section in S. 378. There is no comparable provision in the 
     Senate amendment. According to the Report of the Interagency 
     Commission on Crime and Security at U.S. Seaports 
     (hereinafter ``Interagency Commission Report''), ``[c]ontrol 
     of access to the seaport or sensitive areas within the 
     seaport is often lacking.'' Such unauthorized access is 
     especially problematic, because inappropriate controls may 
     result in the theft of cargo and, more dangerously, 
     undetected admission of terrorists. In addition to 
     establishing appropriate physical, procedural, and personnel 
     security for seaports, it is important that U.S. criminal law 
     adequately reflect the seriousness of the offense. This 
     section clarifies that 18 U.S.C. Sec. 1036 (fraudulent access 
     to transport facilities) includes seaports and waterfronts 
     within its scope, and increases the penalties for violating 
     these provisions from a maximum of 5 years to 10 years.
     Section 303. Criminal sanctions for failure to heave to, 
         obstruction of boarding, or providing false information
       Section 303 of the conference report is substantively 
     similar to section 303 of the House bill and the parallel 
     section in S. 378. A core function of the United States Coast 
     Guard is law enforcement at sea, especially in the aftermath 
     of the tragic events of September 11, 2001. While the Coast 
     Guard has authority to use whatever force is reasonably 
     necessary to require a vessel to stop or be boarded, 
     ``refusal to stop,'' by itself, is not currently a crime. 
     This section amends title 18 of the United States Code to 
     make it a crime: (1) for a vessel operator knowingly to fail 
     to slow or stop a ship once ordered to do so by a Federal law 
     enforcement officer; (2) for any person on board a vessel to 
     impede boarding or other law enforcement action authorized by 
     Federal law; or (3) for any person on board a vessel to 
     provide false information to a Federal law enforcement 
     officer. Any violation of this section will be punishable by 
     a fine and/or imprisonment for a maximum term of 5 years.
     Section 304. Criminal sanctions for violence against maritime 
         navigation, placement of destructive devices
       Section 304 of the conference report is substantively 
     similar to section 305 of the House bill, and excludes the 
     malicious dumping provisions contained in S. 378. The Coast 
     Guard maintains over 50,000 navigational aids on more than 
     25,000 miles of waterways. These aids, which are relied upon 
     by all commercial, military, and recreational mariners, are 
     essential for safe navigation and, therefore, are inviting 
     targets for terrorists. To deter any such intentional 
     interference, this section amends 18 U.S.C. Sec. 2280(a) 
     (violence against maritime navigation) to make it a crime to 
     intentionally damage or tamper with any maritime navigational 
     aid maintained by the Coast Guard or under its authority, if 
     such act endangers the safe navigation of a ship. In 
     addition, this section amends title 18 of the United States 
     Code to make it a crime to knowingly place in waters any 
     device that is likely to damage a vessel or its cargo, 
     interfere with a vessel's safe navigation, or interfere with 
     maritime commerce. Any violation of this provision will be 
     punishable by a fine and/or a maximum term of imprisonment 
     for life, and if death results, an offense could be 
     punishable by a sentence of death.
     Section 305. Transportation of dangerous materials and 
         terrorists
       Section 305 of the conference report is substantively 
     similar to section 306 of the House bill and the parallel 
     provision in S. 378, but adopts the intent requirements as 
     specified in S. 378. The section makes it a crime to 
     knowingly and intentionally transport aboard any vessel an 
     explosive, biological agent, chemical weapon, or radioactive 
     or nuclear materials, knowing that the item is intended to be 
     used to commit a terrorist act. Any violation of this 
     provision will be punishable by a fine and a maximum prison 
     term of life and, if death results, the offense could be 
     punished by a sentence of death.
     Section 306. Destruction of, or interference with, vessels or 
         maritime facilities
       Section 306 of the conference report is substantively 
     similar to section 307 of the House bill and the parallel 
     provision in S. 378. This section makes it a crime to: (1) 
     damage or destroy a vessel or its parts, a maritime facility, 
     or any apparatus used to store, load or unload cargo and 
     passengers; (2) perform an act of violence against or 
     incapacitate any individual on a vessel, or at or near a 
     facility; or (3) knowingly communicate false information that 
     endangers the safety of a vessel. Any violation of this 
     section (including attempts and conspiracies) will be 
     punished by a fine and/or imprisonment for a maximum of 20 
     years; if death results, the offense could be punished by a 
     sentence of death. If an individual threatens to carry out 
     the above-described offense, and has the apparent will and 
     determination to carry out the threat, that threat is 
     punishable by a fine and/or imprisonment for a maximum of 5 
     years. The offender also will be liable for all costs 
     incurred as a result of the threat. This section also 
     subjects any individual who knowingly conveys false 
     information about the offenses described above (or other 
     named offenses) to a civil penalty up to $5,000. In addition, 
     knowingly conveying false information concerning an attempted 
     violation of this section or of chapter 11 of title 18 will 
     be punishable by a maximum of 5 years imprisonment. This 
     section harmonizes the somewhat outdated maritime provisions 
     with the existing criminal sanctions for destruction or 
     interference with an aircraft or aircraft facilities in 18 
     U.S.C. Sec. Sec. 32, 34, and 35.
     Section 307. Theft of interstate or foreign shipments or 
         vessels
       This section is similar to section 308 of the House bill 
     and the parallel provision in S. 378, except the conference 
     report does not maintain the increased criminal penalties 
     that were included in the House bill. The Interagency 
     Commission Report found that certain existing statutes, 
     regulations, and

[[Page 27855]]

     sentencing guidelines do not provide sufficient sanctions to 
     deter criminal or civil violations related to a range of 
     offenses, including theft of interstate or foreign shipments. 
     In an effort to close statutory gaps and increase the 
     criminal penalty, this section expands the scope of section 
     18 U.S.C. Sec. 659 (theft of interstate or foreign shipments) 
     to include theft of goods from additional transportation 
     facilities or instruments, including trailers, cargo 
     containers, and warehouses. In addition, the section 
     increases the penalties for theft of goods from a maximum of 
     10 years to a maximum of 15 years imprisonment, and for 
     amounts less than $1000, the punishment will be increased 
     from a maximum of 1 year to a maximum of 3 years 
     imprisonment. The section clarifies that, under 18 U.S.C. 
     Sec. 659, the determination of whether goods are ``moving as 
     an interstate or foreign shipment'' is made by considering 
     the entire cargo route, regardless of any temporary stop 
     between the point of origin and final destination. Finally, 
     the section requires an annual report of law enforcement 
     activities relating to cargo theft and requires collection 
     and reporting by the FBI of cargo theft crimes.
     Section 308. Stowaways on vessels or aircraft
       Section 308 of the conference report is similar to section 
     310 of the House bill. It is similar to the parallel 
     provision in S. 378, though the conference report includes a 
     death penalty that was not part of the Senate amendment. The 
     section increases the maximum penalty for a violation of 18 
     U.S.C. Sec. 2199 (stowaways on vessels or aircraft) from 1 
     year to 5 years imprisonment. If the act is committed with 
     the intent to commit serious bodily injury and serious bodily 
     injury occurs, it will be punishable by a fine and a maximum 
     of 20 years imprisonment. If death results, it will be 
     punishable by death or life imprisonment.
     Section 309. Bribery affecting port security
       This section is substantively similar to section 311 of the 
     House bill and the parallel provision of S. 378. Section 309 
     of the conference report makes it a crime to knowingly, and 
     with the intent to commit international or domestic 
     terrorism, bribe a public official to affect port security; 
     or to receive a bribe in return for being influenced in 
     public duties affecting port security, knowing that such 
     influence will be used to commit, or plan to commit, an act 
     of terrorism. A violation of this section is punishable by a 
     maximum term of 15 years imprisonment.
     Section 310. Penalties for smuggling goods into the United 
         States
       Section 310 of the conference report is substantively 
     identical to section 312 of the House bill. There is no 
     comparable provision in the Senate amendment. This section 
     increases the penalty for violations of 18 U.S.C. Sec. 545 
     (smuggling) from imprisonment for not more than 5 years to 
     imprisonment for not more than 20 years.
     Section 311. Smuggling goods from the United States
       Section 311 of the conference report is substantively 
     identical to section 313 of the House bill. There is no 
     comparable provision in the Senate amendment. This section 
     creates a new criminal offense for illegally smuggling goods 
     from the United States and establishes a maximum penalty of 
     10 years imprisonment.

                TITLE IV--COMBATING TERRORISM FINANCING

     Section 401. Short title
       The short title is ``Combating Terrorism Financing Act of 
     2005.'' Section 401 of the conference report is identical to 
     section 401 of the House bill. There is no comparable 
     provision in the Senate amendment.
     Section 402. Increased penalties for terrorism financing
       Section 402 of the conference report is substantively 
     similar to section 402 of the House bill. There is no 
     comparable provision in the Senate amendment. Currently, 
     penalties for violating the International Emergency Economic 
     Powers Act (IEEPA) are not commensurate with terrorist 
     financing violations. This section amends section 206 of 
     IEEPA (50 U.S.C. Sec. 1705) to increase the civil penalty 
     from $10,000 to $50,000 per violation and to increase the 
     criminal penalty from 10 years imprisonment to 20 years 
     imprisonment with the maximum criminal fine remaining the 
     same.
     Section 403. Terrorism-related specified activities for money 
         laundering
       Section 403 of the conference report is substantively 
     similar to section 403 of the House bill. There is no 
     comparable provision in the Senate amendment. Under current 
     law, a number of activities that terrorist financiers 
     undertake are not predicates for purposes of the Federal 
     money laundering statute, 18 U.S.C. Sec. 1956. Key among 
     those activities is operating an illegal money transmitting 
     business, including ``hawala'' networks, which terrorists and 
     their sympathizers often use to transfer funds to terrorist 
     organizations abroad. This section adds three terrorism-
     related provisions to the list of specified unlawful 
     activities that serve as predicates for the money laundering 
     statute. Subsection(a) adds as a RICO predicate the offense 
     in 18 U.S.C. Sec. 1960 (relating to illegal money 
     transmitting businesses), which has the effect of making this 
     offense a money laundering predicate through the cross-
     reference in 18 U.S.C. Sec. 1956(c)(7)(A). Subsection(b) 
     directly adds as money laundering predicates the new 
     terrorist-financing offense in 18 U.S.C. Sec. 2339C.
     Sec. 404. Assets of persons committing terrorist acts against 
         foreign countries or international organizations
       Section 404 of the conference report is substantively 
     similar to section 404 of the House bill. There is no 
     comparable provision in the Senate amendment. The USA PATRIOT 
     Act enacted a new forfeiture provision codified at 18 U.S.C. 
     Sec. 981(a)(1)(G) pertaining to the assets of any person 
     planning or perpetrating an act of terrorism against the 
     United States. Section 404 of the conference report adds a 
     parallel provision pertaining to the assets of any person 
     planning or perpetrating an act of terrorism against a 
     foreign state or international organization. Where the 
     property sought for forfeiture is located outside the United 
     States, an act in furtherance of planning or perpetrating the 
     terrorist act must have occurred within the jurisdiction of 
     the United States.
     Sec. 405. Money laundering through hawalas
       Section 405 of the conference report is substantively 
     similar to section 405 of the House bill. There is no 
     comparable provision in the Senate amendment. This section 
     outlaws any ``dependent transactions'' relating to a money 
     laundering transaction. Terrorist financing and money 
     laundering can be mutually exclusive, but many times they go 
     hand-in-hand. As reported in the National Money Laundering 
     Strategy (NMLS), ``both depend on the lack of transparency 
     and vigilance in the financial system. Money laundering 
     requires the existence of an underlying crime, while 
     terrorist financing does not. Methods for raising funds to 
     support terrorist activities may be legal or illegal. Also, 
     the objective of money laundering investigations is 
     prosecution and forfeiture. Terrorist financing 
     investigations share these objectives; however, the ultimate 
     goal is to identify, disrupt, and cut off the flow of funds 
     to terrorists, whether or not the investigation results in 
     prosecutions.''
       Many steps have been taken by Congress, law enforcement, 
     and the private sector to address the issue of terrorist 
     financing. The USA PATRIOT Act codified money laundering 
     statutes and provided authority improving the flow of 
     financial information regarding terrorist financing. The Bank 
     Secrecy Act has been amended to require financial 
     institutions to report suspicious activities. Enforcement and 
     enhanced regulations make it more difficult for terrorist 
     organizations to compromise U.S. financial institutions. 
     However, these terrorists continue to seek the path of least 
     resistance, utilizing alternative financing systems and 
     foreign banking systems that lack sufficient standards and 
     regulations.
       Alternative remittance systems are utilized by terrorists 
     to move and launder large amounts of money around the globe 
     quickly and secretly. These remittance systems, also referred 
     to as ``hawala'' networks, are used throughout the world, 
     including the Middle East, Europe, North America and South 
     Asia. These systems are desirable to criminals and non-
     criminals alike because of the anonymity, low cost, 
     efficiency, and access to underdeveloped regions. The United 
     States has taken steps to combat the ``hawala'' networks by 
     requiring all money transmitters, informal or formal, to 
     register as money services businesses.
       Under current Federal law, a financial transaction 
     constitutes a money laundering offense only if the funds 
     involved in the transaction represent the proceeds of some 
     criminal offense. See 18 U.S.C. Sec. 1956(a)(1) (``represents 
     the proceeds of some form of unlawful activity''); and 18 
     U.S.C. Sec. 1957(f)(2) (``property constituting, or derived 
     from, proceeds obtained from a criminal offense''). There is 
     some uncertainty, however, as to whether the ``proceeds 
     element'' is satisfied with regard to each transaction in a 
     money laundering scheme that involves two or more 
     transactions conducted in parallel, only one of which 
     directly makes use of the proceeds from unlawful activity. 
     For example, consider the following transaction: A sends drug 
     proceeds to B, who deposits the money in Bank Account 1. 
     Simultaneously or subsequently, B takes an equal amount of 
     money from Bank Account 2 and sends it to A, or to a person 
     designated by A. The first transaction from A to B clearly 
     satisfies the proceeds element of the money laundering 
     statute, but there is some question as to whether the second 
     transaction--the one that involves only funds withdrawn from 
     Bank Account 2 does so as well. The question has become 
     increasingly important because such parallel transactions are 
     the technique used to launder money through the Black Market 
     Peso Exchange and ``hawala'' network. Section 405 of the 
     conference report is intended to remove all uncertainty on 
     this point by providing that all constituent parts of a set 
     of parallel or dependent transactions involve criminal 
     proceeds if one such transaction does so. The conference 
     report modifies the hawala provision to require that it be 
     part of plan or arrangement.
     Sec 406. Technical and conforming amendments relating to the 
         USA PATRIOT Act
       Section 406 of the conference report is substantively 
     similar to section 406 of the House

[[Page 27856]]

     bill. There is no comparable provision in the Senate 
     amendment. This section makes a number of corrections 
     relating to provisions of the USA PATRIOT Act, mostly 
     affecting money laundering or asset forfeiture. While 
     essentially technical in nature, these corrections are 
     critical because typographical and other errors in the USA 
     PATRIOT Act provisions are preventing prosecutors from fully 
     utilizing that Act's tools. For example, certain new 
     forfeiture authorities enacted by that Act refer to a 
     nonexistent statute, 31 U.S.C. Sec. 5333, where 31 U.S.C. 
     Sec. 5331 is intended.
       Subsection (a) makes technical corrections to a number of 
     provisions in the USA PATRIOT Act. Subsection (b) codifies 
     section 316(a)-(c) of that Act as 18 U.S.C. Sec. 987. 
     Subsection (c) adds explicit language covering conspiracies 
     to carry out two offenses likely to be committed by 
     terrorists (18 U.S.C. Sec. Sec. 33(a) and 1366), thereby 
     conforming these provisions to various crimes modified by 
     section 811 of the USA PATRIOT Act, which added conspiracy 
     language to other terrorism offense.
     Section 407. Cross reference correction
       Section 407 of the conference report is substantively 
     identical to section 408 of the House bill. There is no 
     comparable provision in the Senate amendment. This section 
     corrects a cross-reference, replacing the ``National 
     Intelligence Reform Act of 2004'' with the correct title, the 
     ``Intelligence Reform and Terrorism Prevention Act of 2004.''
     Section 408. Amendment to amendatory language
       Section 408 of the conference report is substantively 
     identical to section 409 of the House bill. There is no 
     comparable provision in the Senate amendment. This section 
     amends an incorrect citation.
     Section 409. Designation of additional money laundering 
         predicate
       Section 409 of the conference report is substantively 
     identical to section 410 of the House bill. There is no 
     comparable provision in the Senate amendment. This section 
     adds 18 U.S.C. Sec. 2339D (relating to receiving military-
     type training from a foreign terrorist organization) as a 
     money laundering predicate.

                         TITLE V--MISCELLANEOUS

     Section 501. Residence of United States Attorneys and 
         Assistant United States Attorneys
       Section 501 is a new section and addresses an unintentional 
     effect of the residency requirement for United States 
     Attorneys and Assistant United States Attorneys. Section 501 
     of the conference report provides that the Attorney General 
     can order that residency requirements be waived when a United 
     States Attorney or Assistant United States Attorney is 
     assigned dual or additional responsibilities. This provision 
     will enable activities such as participation by United States 
     Attorneys in legal activities in Iraq.
     Section 502. Interim appointment of United States Attorneys
       Section 502 is a new section and addresses an inconsistency 
     in the appointment process of United States Attorneys.
     Section 503. Secretary of Homeland Security in Presidential 
         line of succession
       Section 503 of the conference report is a new section and 
     fills a gap in the Presidential line of succession by 
     including the Secretary of Homeland Security.
     Section 504. Bureau of Alcohol, Tobacco, and Firearms to the 
         Department of Justice
       Section 504 of the conference report is a new section. This 
     provision modifies the appointment procedure for the Director 
     of the Bureau of Alcohol, Tobacco, and Firearms by providing 
     that the President, with the advice and consent of the 
     Senate, shall appoint the Director.
     Section 505. Qualifications of United States Marshals
       Section 505 of the conference report is a new section. This 
     section clarifies the qualifications individuals should have 
     before joining the United States Marshals.
     Section 506. Department of Justice intelligence matters
       Section 506 is a new section that establishes a National 
     Security Division (NSD) within the DOJ, headed by an 
     Assistant Attorney General for National Security (AAGNS). 
     This section is consistent with a recommendation by the WMD 
     Commission that the ``Department of Justice's primary 
     national security elements--the Office of Intelligence Policy 
     and Review, and the Counterterrorism and Counterespionage 
     sections--should be placed under a new Assistant Attorney 
     General for National Security.'' A version of this section 
     was included in S. 1803, the ``Intelligence Reauthorization 
     bill for fiscal year 2006,'' which was reported favorably by 
     the Senate Select Committee on Intelligence on September 29, 
     2005.
     Section 507. Review by Attorney General
       Section 507 is a new section. It modifies the process by 
     which States can opt in to the expedited habeas procedures 
     for capital cases under chapter 154 of title 28 of the United 
     States Code by shifting responsibility to the Attorney 
     General for certifying when a State has qualified. This 
     section also allows for de novo review in the U.S. Court of 
     Appeals for the District of Columbia Circuit of the Attorney 
     General's certification. It relaxes the time constraints 
     imposed on judges for deciding habeas cases under chapter 
     154. This section also clarifies when a habeas proceeding is 
     `pending' for purposes of 28 U.S.C. 2251, which controls the 
     circumstances under which a federal court hearing a habeas 
     petition may stay a State court action. Overruling McFarland 
     v. Scott, 512 U.S. 849 (1994), this section provides that a 
     habeas proceeding is not `pending' until the habeas 
     application itself is filed. For prisoners who have applied 
     for counsel pursuant to 18 U.S.C. 3599(a)(2), there is a 
     limited exception allowing the court to stay execution of a 
     death sentence until after the attorney has been appointed or 
     the application withdrawn or denied.

                        TITLE VI--SECRET SERVICE

     Section 601. Short title
       The short title is ``Secret Service Authorization and 
     Technical Modification Act of 2005.'' Section 601 of the 
     conference report is new.
     Section 602. Interference with national special security 
         events
       Section 602 of the conference report is a new section. 18 
     U.S.C. Sec. 1752 authorizes the Secret Service to charge 
     individuals who breach established security perimeters or 
     engage in other disruptive or potentially dangerous conduct 
     at National Special Security Events (NSSEs) if a Secret 
     Service protectee is attending the designated event. Section 
     602 of the conference report expands 18 U.S.C. Sec. 1752 to 
     criminalize such security breaches at NSSEs that occur when 
     the Secret Service protectee is not in attendance. 
     Additionally, it doubles the statutory penalties (from 6 
     months to 1 year) for violations of Sec. 1752, to make the 
     penalty consistent with the prescribed penalty under 18 
     U.S.C. Sec. 3056(d) (interference with Secret Service law 
     enforcement personnel generally). The conference report makes 
     punishable by up to 10 years the thwarting of security 
     procedures by individuals in possession of dangerous or 
     deadly weapons.
     Section 603. False credentials to national special security 
         events
       Section 603 of the conference report is a new section. This 
     section amends 18 U.S.C. Sec. 1028 to make it a Federal crime 
     to knowingly produce, possess, or transfer a false 
     identification document that could be used to gain unlawful 
     and unauthorized access to any restricted area of a building 
     or grounds in conjunction with a NSSE. Such actions were a 
     problem during the 2002 Winter Olympics, and the conference 
     report will allow for Federal prosecution against such 
     criminal violations at future NSSEs.
     Section 604. Forensic and investigative support of missing 
         and exploited children cases
       Section 604 of the conference report is a new section. On 
     April 30, 2003, President Bush signed into law the Child 
     Abduction Prevention Act (Pub. Law No. 108-21), which 
     authorizes the Secret Service to provide, upon request, 
     forensic and investigative assistance to the National Center 
     for Missing and Exploited Children or local law enforcement 
     agencies. The current statute states that ``officers and 
     agents'' of the Secret Service may provide this assistance. 
     Section 604 of the conference report clarifies that forensic 
     and other civilian personnel, such as fingerprint 
     specialists, polygraph examiners, and handwriting analysts, 
     are authorized to provide such assistance.
     Section 605. The uniformed division, United States Secret 
         Service
       Section 605 of the conference report is a new section. This 
     section places all authorities of the Uniformed Division, 
     which are currently authorized under title 3, in a newly 
     created 18 U.S.C. Sec. 3056A, following the core authorizing 
     statute of the Secret Service (18 U.S.C. Sec. 3056), thereby 
     organizing the Uniformed Division under title 18 of the 
     United States Code with other Federal law enforcement 
     agencies.
     Section 606. Savings provisions
       Section 606 of the conference report is a new section. This 
     section makes clear that the transfer of the Uniformed 
     Division from title 3 of the United States Code to title 18 
     of the United States Code shall have no impact on the 
     retirement benefits of current employees or annuitants and 
     others necessary to reimburse State and local government 
     organizations for support provided in connection with a visit 
     of a foreign government official.
     Section 607. Maintenance as distinct entity
       Section 607 of the conference report is a new section. This 
     section provides a clear operational and organizational 
     framework for the Secret Service that maintains the Secret 
     Service as a distinct component of the Department of Homeland 
     Security while providing the Service with necessary 
     operational latitude. It allows for the Director of the 
     Secret Service to report directly to the Secretary of the 
     Department of Homeland Security. Finally, the conference 
     report provides that the assets, agents, officers, and other 
     personnel of the Secret Service shall remain at all times 
     under the command and control of the Director.
     Section 608. Exemptions from the Federal Advisory Committee 
         Act
       Section 608 of the conference report is a new section. This 
     section exempts the functions of the Secret Service's 
     Electronic

[[Page 27857]]

     Crime Task Forces and the candidate protection committee from 
     the Federal Advisory Committee Act (5 U.S.C. App. 2), which 
     imposes a series of requirements on committees established or 
     utilized by Federal agencies to provide advice or 
     recommendations to any agency or Federal officer. Committees 
     that wholly consist of full-time officers or employees of the 
     Federal Government are not covered by the Act. If the 
     advisory committee is subject to the Act, it must, among 
     other requirements, open its meetings to the public, publish 
     notice of meetings in the Federal Register, and make its 
     minutes available to the public. There are current exemptions 
     from these requirements, such as committees established by 
     the CIA and the Federal Reserve. This amendment eliminates 
     any doubt and confirms that the Act does not apply to the 
     Electronic Crime Task Forces or the candidate protection 
     committee.

         TITLE VII--COMBAT METHAMPHETAMINE EPIDEMIC ACT OF 2005

     Section 701. Short title
       The short title is the ``Combat Methamphetamine Epidemic 
     Act of 2005.'' Section 701 of the conference report is a new 
     section.


         Subtitle A--Domestic Regulation of Precursor Chemicals

     Section 711. Scheduled listed chemical products; restrictions 
         on sale quantity, behind-the counter access, and other 
         safeguards
       This section of the conference report is new. Section 711 
     reclassifies pseudoeph-
     edrine, phenylpropanolamine, and ephedrine as Schedule Listed 
     Chemicals; reduces the Federal pertransaction sales limit for 
     SLCs from 9 grams to 3.6 grams (the amount recently proposed 
     by the Administration); requires behind-the-counter storage 
     or locked cabinet storage of SLCs; requires that regulated 
     sellers (retail distributors and pharmacies) maintain a 
     written log of purchases; restricts monthly sales to no more 
     than 9.0 grams per purchaser; imposes similar requirements on 
     Internet sellers and mobile retail vendors; and requires each 
     regulated seller to submit a certification that it is in 
     compliance with these requirements, that its employees have 
     been trained as to these requirements, and that records 
     relating to such training are maintained at the retailers 
     location. Such certifications are to be made available by the 
     Attorney General to State and local law enforcement.
     Section 712. Regulated transactions
       This section of the conference report is new and repeals 
     the Federal ``blister pack'' exemption, and clarifies the law 
     to include derivatives of each of these chemicals. It makes 
     conforming amendments to the current law, to accommodate the 
     new sales restrictions, and makes another technical 
     correction to make it clear that these sales limitations 
     apply to drug combinations containing derivatives of 
     pseudoephedrine, ephedrine, or phenylpropanolamine.
     Section 713. Authority to establish production quotas
       This section of the conference report is new and extends 
     the Attorney General's existing authority to set production 
     quotas for certain controlled substances (see 21 U.S.C. 
     Sec. 826) to pseudoephedrine, ephedrine, and 
     phenylpropanolamine. Currently, domestic production of these 
     chemicals is not very high, as most of our country's supply 
     is imported. With the adoption of the import quotas in 
     section 715 of this Act (see below), however, the Attorney 
     General would require corresponding authority within the U.S. 
     if domestic production were to increase. Current law (as 
     amended) would allow manufacturers to apply for increases in 
     their production quotas (see 21 U.S.C. Sec. 826(e)).
     Section 714. Penalties; authority for manufacturing; quota
       This section of the conference report is new and expands 
     the existing penalty for illegal production beyond 
     established quotas (see 21 U.S.C. Sec. 842(b)) to take into 
     account the Attorney General's new authority to set quotas 
     for methamphetamine precursors.
     Section 715. Restrictions on importation; authority to permit 
         imports for medical, scientific, or other legitimate 
         purposes
       Section 715 of the conference report is a new provision and 
     extends the Attorney General's existing authority to set 
     import quotas for controlled substances (see 21 U.S.C. 
     Sec. 952) to pseudoephedrine, ephedrine, and 
     phenylpropanolamine. This section allows registered importers 
     to apply for temporary or permanent increases in a quota to 
     meet legitimate needs. The. Attorney General is required to 
     act on all such applications within 60 days.
     Section 716. Notice of importation or exportation; approval 
         of sale or transfer by importer or exporter
       Section 716 of the conference report is new and closes a 
     loophole in the current regulatory system for imports and 
     exports of precursor chemicals for methamphetamine and other 
     synthetic drugs. Under current law, a company that wants to 
     import or export pseudoephedrine or another precursor 
     chemical must either: (1) Notify the Department of Justice 15 
     days in advance of the import or export; or (2) be a company 
     that has previously imported or exported a precursor and is 
     proposing to sell the chemicals to a customer with whom the 
     company has previously dealt. (See 21 U.S.C. Sec. 971(a), 
     (b).)
       A problem can arise, however, when the sale that the 
     importer or exporter originally planned falls through. When 
     this happens, the importer or exporter must quickly find a 
     new buyer for the chemicals on what is called the ``spot 
     market''--a wholesale market. Sellers are often under 
     pressure to find a buyer in a short amount of time, meaning 
     that they may be tempted to entertain bids from companies 
     without a strong record of preventing diversion. More 
     importantly, the Department of Justice has no opportunity to 
     review such transactions in advance and suspend them if there 
     is a danger of diversion to illegal drug production.
       This section extends the current reporting requirements--as 
     well as the current exemption for regular importers and 
     customers--to post-import or export transactions. If an 
     importer or exporter were required to file an initial advance 
     notice with the Department of Justice 15 days before the 
     shipment of chemicals, and the originally planned sale fell 
     through, the importer or exporter would be required to file a 
     second advance notice with DOJ identifying the new proposed 
     purchaser. DOJ would then have 15 days to review the new 
     transaction and decide whether it presents enough of a risk 
     of diversion to warrant suspension. As is the case under 
     existing law, a suspension can be appealed through an 
     administrative process. (See 21 U.S.C. Sec. 971(c)(2)
       If, however, the new proposed purchaser qualifies as a 
     ``regular'' customer under existing law, the importer or 
     exporter would not be required to file a second advance 
     notice. (Note that under current law, DOJ does receive a 
     record of these transactions after the fact, see 21 U.S.C. 
     Sec. 971(b)(I)).
     Section 717. Enforcement of restrictions on importation and 
         of requirement of notice of transfer
       This section of the conference report is new and makes a 
     conforming amendment to current law to extend existing 
     penalties for illegal imports or exports to the new 
     regulatory requirements added by sections 715 and 716 of the 
     conference report.
     Section 718. Coordination with United States Trade 
         Representative
       This section of the conference report is new and requires 
     coordination by the Attorney General with the United States 
     Trade Representative.


      Subtitle B--International Regulation of Precursor Chemicals

     Section 721. Information of foreign chain of distribution; 
         import restrictions regarding failure of distributors to 
         cooperate
       This section of the conference report is new and further 
     amends the reporting requirements for importers of meth 
     precursor chemicals, by requiring them to file with Federal 
     regulators the detailed information about the chain of 
     distribution of imported chemicals (from the manufacturer to 
     the shores of the U.S.). This provision will assist U.S. law 
     enforcement agencies to better track where meth precursors 
     come from, and how they get to the U.S. At present, very 
     little information exists about the international ``chain of 
     distribution'' for these chemicals, hindering effective 
     controls.
     Section 722. Requirements relating to the largest exporting 
         and importing countries of certain precursor chemicals
       This section of the conference report is new, and was 
     originally introduced by Rep. Mark Kennedy in the House and 
     was adopted by the House as part of the State Department 
     reauthorization legislation for FE 2006-07 (H.R. 2601). It 
     mandates a separate section of the current State Department 
     report on major drug producing and transit countries (see 22 
     U.S.C. 2291h), identifying the five largest exporters of 
     major methamphetamine precursor chemicals, and the five 
     largest importers that also have the highest rate of 
     methamphetamine production or diversion of these chemicals to 
     the production of methamphetamine. If any of those countries 
     was not fully cooperating with U.S. law enforcement in 
     implementing their responsibilities under international drug 
     control treaties, there would be consequences for their 
     eligibility for U.S. aid, similar to those faced by the major 
     drug trafficking nations under current law.
       The conference report adds a provision clarifying the 
     original intent of this amendment, to apply the ``fully 
     cooperates'' standard (and not the lesser standard under 
     another, separate provision of law). The provision also 
     includes an authorization of one million dollars for 
     implementation.
       The House recently passed an amendment to the State 
     Department's appropriations bill for FY '06, adding $5 
     million for the State Department to implement anti-
     methamphetamine measures; this $1 million could be derived 
     from that amount.
     Section 723. Prevention of smuggling of methamphetamine into 
         the united states from mexico
       This section of the conference report is new and requires 
     the State Department's Bureau for International Narcotics and 
     Law Enforcement Affairs (INL) to provide assistance to Mexico 
     to prevent the production of methamphetamine in that country, 
     and to encourage Mexico to stop the illegal diversion of 
     methamphetamine precursor chemicals. The conference report 
     authorizes the

[[Page 27858]]

     use of $4 million of the $5 million recently approved by the 
     House for these purposes. (The remaining funds would be 
     available to help the State Department implement Sec. 722, as 
     described above.)


Subtitle C--Enhanced Criminal Penalties for Methamphetamine Production 
                              and Tracking

     Section 731. Smuggling methamphetamine or methamphetamine 
         precursor chemicals into the United States while using 
         facilitated entry programs
       This section of the conference report is new. Even as more 
     methamphetamine is being smuggled across the border, 
     increased legitimate international traffic has forced the 
     bureau of Customs and Border Protection (CBP) to rely on 
     facilitated entry programs--so-called ``fastpass'' systems 
     like SENTRI (for passenger traffic on the Southwest border), 
     FAST (for commercial truck traffic), and NEXUS (for passenger 
     traffic on the Northern border). These systems allow pre-
     screened individuals to use dedicated lanes at border 
     crossings, subject only to occasional searches to test 
     compliance with customs and immigration laws. This section of 
     the conference report creates an added deterrent for anyone 
     who misuses a facilitated entry program to smuggle 
     methamphetamine or its precursor chemicals. An additional 
     penalty of up to 15 years. imprisonment is added to the 
     punishment for the base offense. If convicted, an individual 
     would also be permanently barred from using a fastpass 
     system.
     Section 732. Manufacturing controlled substances on federal 
         property
       This section of the conference report is new. This section 
     clarifies that current penalties for cultivating illegal 
     drugs on Federal property also apply to manufacturing 
     synthetic drugs {such as methamphetamine). Methamphetamine 
     ``cooks'' frequently move their operations to parks, national 
     forests, and other public lands, causing serious 
     environmental damage. This criminal penalty can help deter 
     such destructive conduct.
     Section 733. Increased punishment for methamphetamine 
         kingpins
       This provision of the conference report is new, and allows 
     for easier application of the enhanced penalties of the 
     ``continuing criminal enterprise'' section of the Controlled 
     Substances Act (21 U.S.C. Sec. 848). That section (commonly 
     referred to as the ``kingpin'' statute) imposes life 
     imprisonment on a leader of a drug trafficking organization 
     convicted of trafficking in very large quantities of a drug, 
     and receiving very large profits from that activity. This new 
     provision reduces the threshold amount of methamphetamine 
     (from 300 to 200 times the threshold for base violations) and 
     profits from methamphetamine (from $10 million to $5 
     million), while still applying the life imprisonment penalty 
     only to. true ``kingpins''--the ringleaders of 
     methamphetamine trafficking organizations.
     Section 734. New child-protection criminal enhancement
       This provision of the conference report, which is new, 
     punishes an offender who manufactures methamphetamine at a 
     location where a child resides or is present, and imposes a 
     consecutive. sentence of up to an additional 20 years 
     imprisonment.
     Section 735. Amendments to certain sentencing court reporting 
         requirements
       This provision of the conference report is new and 
     authorizes the United States Sentencing Commission to 
     establish a form to be used by United States District Judges 
     when imposing criminal sentences in order to facilitate data 
     gathering and reporting by the Sentencing Commission.
     Section 736. Semiannual reports to congress
       This provision, which is new to the conference report, 
     requires the Attorney General to report to Congress on 
     investigations and prosecutions relating to methamphetamine 
     production.


   Subtitle D--Enhanced Environmental Regulation of Methamphetamine 
                               Byproducts

     Section 741. Biennial report to congress on agency 
         designations of by-products on methamphetamine 
         laboratories as hazardous materials
       This provision of the conference report is new, and 
     requires the Department of Transportation to report to 
     Congress every two years whether then-existing statutes and 
     regulations cover methamphetamine by-products as hazardous 
     materials.
     Section 742. Methamphetamine production report
       This provision of the conference report is new, and 
     requires the Environmental Protection Agency (EPA) to report 
     to Congress every two years on whether then-existing statutes 
     and regulations cover methamphetamine by-products as 
     hazardous materials.
     Section 743. cleanup costs
       This provision of the conference report is new, and 
     clarifies existing law imposing the obligation of restitution 
     for environmental cleanup costs on persons involved in meth 
     production and trafficking. The recent decision of the Eighth 
     Circuit Court of Appeals in United States v. Lachowski (405 
     F3d 696, 8th Cir. 2005) has undermined the ability of the 
     Federal government to seek cleanup costs. from 
     methamphetamine traffickers who are convicted only of 
     methamphetamine possession--even when the methamphetamine lab 
     in question was on the defendant's own property. This 
     provision would ensure that any person convicted of a 
     methamphetamine-related offense can be held liable for clean-
     up costs for methamphetamine production that took place on 
     the defendant's own property, or in his or her place of 
     business or residence.


             Subtitle E--Additional Programs and Activities

     Section 751. Improvements to Department of Justice Drug 
         Courts program
       This section of the conference report is new, and revises 
     the Drug Court program statute to clarify the requirement for 
     periodic testing, graduated sanctions when an offender tests 
     positive, and a list of potential sanctions when a positive 
     test occurs.
     Section 752. Drug Courts funding
       This provision of the conference report is new and 
     authorizes appropriations for drug courts.
     Section 753. Feasibility study on Federal Drug Courts
       This provision of the conference report, which is new, 
     directs the Attorney General to conduct a study on the 
     feasibility of Federal drug courts.
     Section 754. Grants to hot spot areas to reduce availability 
         of methamphetamine
       This section, which is new to the conference report, 
     authorizes $99 million for fiscal years 2006 to 2010 for 
     grants to State and local law enforcement agencies to assist 
     in the investigation of methamphetamine traffickers and to 
     reimburse the DEA for assistance in cleaning up 
     methamphetamine laboratories.
     Section 755. Grants for programs for drug-endangered children
       This section of the conference report, which is new, 
     authorizes grants to States to assist in treatment of 
     children who have been endangered by living at a residence 
     where methamphetamine has been manufactured or distributed.
     Section 756. Authority to award competitive grants to address 
         methamphetamine use by pregnant and parenting women 
         offenders
       Section 756 is a new provision and authorizes the Attorney 
     General to award grants to address the use of methamphetamine 
     among pregnant and parenting women offenders to promote 
     public safety, public health, family permanence and well 
     being.

     From the Committee on the Judiciary, for consideration of the 
     House bill (except section 132) and the Senate amendment, and 
     modifications committed to conference:
     F. James Sensenbrenner, Jr.,
     Howard Coble,
     Lamar Smith,
     Elton Gallegly,
     Steve Chabot,
     William L. Jenkins,
     Daniel Lungren,
     From the Permanent Select Committee on Intelligence, for 
     consideration of secs. 102, 103, 106, 107, 109, and 132 of 
     the House bill, and secs. 2, 3, 6, 7, 9, and 10 of the Senate 
     amendment, and modifications committed to conference:
     Pete Hoekstra,
     Heather Wilson,
     From the Committee on Energy and Commerce, for consideration 
     of secs. 124 and 231 of the House bill, and modifications 
     committed to conference:
     Charlie Norwood,
     John Shadegg,
     From the Committee on Financial Services, for consideration 
     of sec. 117 of the House bill, and modifications committed to 
     conference:
     Michael G. Oxley,
     Spencer Bachus,
     From the Committee on Homeland Security, for consideration of 
     secs. 127-129 of the House bill, and modifications committed 
     to conference:
     Peter T. King,
     Curt Weldon,
                                Managers on the Part of the House.

     Arlen Specter,
     Orrin Hatch,
     Jon Kyl,
     Mike DeWine,
     Jeff Sessions,
     Pat Roberts,
     Managers on the Part of the Senate.

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