[House Report 109-333]
[From the U.S. Government Publishing Office]
109th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 109-333
======================================================================
USA PATRIOT IMPROVEMENT AND REAUTHORIZATION ACT OF 2005
_______
December 8, 2005.--Ordered to be printed
_______
Mr. Sensenbrenner, from the committee of conference, submitted the
following
CONFERENCE REPORT
[To accompany H.R. 3199]
The committee of 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, 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.
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 StrengtheningAmerica by Providing Appropriate Tools
Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act) of
2001.
(b) Modification of Short Title of USA PATRIOT Act.--
Section 1(a) of the USA PATRIOT Act is amended to read as
follows:
``(a) Short Title.--This Act may be cited as the `Uniting
and Strengthening America by Providing Appropriate Tools
Required to Intercept and Obstruct Terrorism Act of 2001' or
the `USA PATRIOT Act'.''.
SEC. 102. USA PATRIOT ACT SUNSET PROVISIONS.
(a) In General.--Section 224 of the USA PATRIOT Act is
repealed.
(b) Sections 206 and 215 Sunset.--
(1) In general.--Effective December 31, 2009, the
Foreign Intelligence Surveillance Act of 1978 is
amended so that sections 501, 502, and 105(c)(2) read
as they read on October 25, 2001.
(2) Exception.--With respect to any particular
foreign intelligence investigation that began before
the date on which the provisions referred to in
paragraph (1) cease to have effect, or with respect to
any particular offense or potential offense that began
or occurred before the date on which such provisions
cease to have effect, such provisions shall continue in
effect.
SEC. 103. EXTENSION OF SUNSET RELATING TO INDIVIDUAL TERRORISTS AS
AGENTS OF FOREIGN POWERS.
Section 6001(b) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3742) is
amended to read as follows:
``(b) Sunset.--
``(1) In general.--Except as provided in paragraph
(2), the amendment made by subsection (a) shall cease
to have effect on December 31, 2009.
``(2) Exception.--With respect to any particular
foreign intelligence investigation that began before
the date on which the provisions referred to in
paragraph (1) cease to have effect, or with respect to
any particular offense or potential offense that began
or occurred before the date on which the provisions
cease to have effect, such provisions shall continue in
effect.''.
SEC. 104. SECTION 2332B AND THE MATERIAL SUPPORT SECTIONS OF TITLE 18,
UNITED STATES CODE.
Section 6603 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3762) is
amended by striking subsection (g).
SEC. 105. DURATION OF FISA SURVEILLANCE OF NON-UNITED STATES PERSONS
UNDER SECTION 207 OF THE USA PATRIOT ACT.
(a) Electronic Surveillance.--Section 105(e) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1805(e)) is
amended--
(1) in paragraph (1)(B), by striking ``, as defined
in section 101(b)(1)(A)'' and inserting ``who is not a
United States person''; and
(2) in subsection (2)(B), by striking ``as defined
in section 101(b)(1)(A)'' and inserting ``who is not a
United States person''.
(b) Physical Search.--Section 304(d) of such Act (50 U.S.C.
1824(d)) is amended--
(1) in paragraph (1)(B), by striking ``as defined
in section 101(b)(1)(A)'' and inserting ``who is not a
United States person''; and
(2) in paragraph (2), by striking ``as defined in
section 101(b)(1)(A)'' and inserting ``who is not a
United States person''.
(c) Pen Registers, Trap and Trace Devices.--Section 402(e)
of such Act (50 U.S.C. 1842(e)) is amended--
(1) by striking ``(e) An'' and inserting ``(e)(1)
Except as provided in paragraph (2), an''; and
(2) by adding at the end the following new
paragraph:
``(2) In the case of an application under subsection (c)
where the applicant has certified that the information likely
to be obtained is foreign intelligence information not
concerning a United States person, an order, or an extension of
an order, under this section may be for a period not to exceed
one year.''.
SEC. 106. ACCESS TO CERTAIN BUSINESS RECORDS UNDER SECTION 215 OF THE
USA PATRIOT ACT.
(a) Director Approval for Certain Applications.--Subsection
(a) of section 501 of the Foreign Intelligence Surveillance Act
of 1978 (50 U.S.C. 1861(a)) is amended--
(1) in paragraph (1), by striking ``The Director''
and inserting ``Subject to paragraph (3), the
Director''; and
(2) by adding at the end the following:
``(3) In the case of an application for an order
requiring the production of library circulation
records, library patron lists, book sales records, book
customer lists, firearms sales records, tax return
records, educational records, or medical records
containing information that would identify a person,
the Director of the Federal Bureau of Investigation may
delegate the authority to make such application to
either the Deputy Director of the Federal Bureau of
Investigation or the Executive Assistant Director for
National Security (or any successor position). The
Deputy Director or the Executive Assistant Director may
not further delegate such authority.''.
(b) Factual Basis for Requested Order.--Subsection (b)(2)
of such section is amended to read as follows:
``(2) shall include--
``(A) a statement of facts showing that
there are reasonable grounds to believe that
the tangible things sought are relevant to an
authorized investigation (other than a threat
assessment) conducted in accordance with
subsection (a)(2) to obtain foreign
intelligence information not concerning a
United States person or to protect against
international terrorism or clandestine
intelligence activities, such things being
presumptively relevant to an authorized
investigation if the applicant shows in the
statement of the facts that they pertain to--
``(i) a foreign power or an agent
of a foreign power;
``(ii) the activities of a
suspected agent of a foreign power who
is the subject of such authorized
investigation; or
``(iii) an individual in contact
with, or known to, a suspected agent of
a foreign power who is the subject of
such authorized investigation; and
``(B) an enumeration of the minimization
procedures adopted by the Attorney General
under subsection (g) that are applicable to the
retention and dissemination by the Federal
Bureau of Investigation of any tangible things
to be made available to the Federal Bureau of
Investigation based on the order requested in
such application.''.
(c) Clarification of Judicial Discretion.--Subsection
(c)(1) of such section is amended to read as follows:
``(c)(1) Upon an application made pursuant to this section,
if the judge finds that the application meets the requirements
of subsections (a) and (b), the judge shallenter 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
Investigationhas sought or obtained tangible things pursuant to an
order under this section shall notify such person of the nondisclosure
requirements of this subsection.
``(C) At the request of the Director of the Federal
Bureau of Investigation or the designee of the
Director, any person making or intending to make a
disclosure under this section shall identify to the
Director or such designee the person to whom such
disclosure will be made or to whom such disclosure was
made prior to the request, but in no circumstance shall
a person be required to inform the Director or such
designee that the person intends to consult an attorney
to obtain legal advice or legal assistance.''.
(f) Judicial Review.--
(1) Petition review pool.--Section 103 of the
Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. 1803) is amended by adding at the end the
following new subsection:
``(e)(1) Three judges designated under subsection (a) who
reside within 20 miles of the District of Columbia, or, if all
of such judges are unavailable, other judges of the court
established under subsection (a) as may be designated by the
presiding judge of such court, shall comprise a petition review
pool which shall have jurisdiction to review petitions filed
pursuant to section 501(f)(1).
``(2) Not later than 60 days after the date of the
enactment of the USA PATRIOT Improvement and Reauthorization
Act of 2005, the court established under subsection (a) shall
adopt and, consistent with the protection of national security,
publish procedures for the review of petitions filed pursuant
to section 501(f)(1) by the panel established under paragraph
(1). Such procedures shall provide that review of a petition
shall be conducted in camera and shall also provide for the
designation of an acting presiding judge.''.
(2) Proceedings.--Section 501 of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1861)
is further amended by adding at the end the following
new subsection:
``(f)(1) A person receiving an order to produce any
tangible thing under this section may challenge the legality of
that order by filing a petition with the pool established by
section 103(e)(1). The presiding judge shall immediately assign
the petition to one of the judges serving in such pool. Not
later than 72 hours after the assignment of such petition, the
assigned judge shall conduct an initial review of the petition.
If the assigned judge determines that the petition is
frivolous, the assigned judge shall immediately deny the
petition and affirm the order. If the assigned judge determines
the petition is not frivolous, the assigned judge shall
promptly consider the petition in accordance with the
procedures established pursuant to section 103(e)(2). The judge
considering the petition may modify or set aside the order only
if the judge finds that the order does not meet the
requirements of this section or is otherwise unlawful. If the
judge does not modify or set aside the order, the judge shall
immediately affirm the order and order the recipient to comply
therewith. The assigned judge shall promptly provide a written
statement for the record of the reasons for any determination
under this paragraph.
``(2) A petition for review of a decision to affirm,
modify, or set aside an order by the United States or any
person receiving such order shall be to the court of review
established under section 103(b), which shall have jurisdiction
to consider such petitions. The court of review shall provide
for the record a written statement of the reasons for its
decision and, on petition of the United States or any person
receiving such order for writ of certiorari, the record shall
be transmitted under seal to the Supreme Court, which shall
have jurisdiction to review such decision.
``(3) Judicial proceedings under this subsection shall be
concluded as expeditiously as possible. The record of
proceedings, including petitions filed, orders granted, and
statements of reasons for decision, shall be maintained under
security measures established by the Chief Justice of the
United States in consultation with the Attorney General and the
Director of National Intelligence.
``(4) All petitions under this subsection shall be filed
under seal. In any proceedings under this subsection, the court
shall, upon request of the government, review ex parte and in
camera any government submission, or portions thereof, which
may include classified information.''.
(g) Minimization Procedures and Use of Information.--
Section 501 of the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. 1861) is further amended by adding at the end
the following new subsections:
``(g) Minimization Procedures.--
``(1) In general.--Not later than 180 days after
the date of the enactment of the USA PATRIOT
Improvement and Reauthorization Act of 2005, the
Attorney General shall adopt specific minimization
procedures governing the retention and dissemination by
the Federal Bureau of Investigation of any tangible
things, or information therein, received by the Federal
Bureau of Investigation in response to an order under
this title.
``(2) Defined.--In this section, the term
`minimization procedures' means--
``(A) specific procedures that are
reasonably designed in light of the purpose and
technique of an order for the production of
tangible things, to minimize the retention, and
prohibit the dissemination, of nonpublicly
available information concerning unconsenting
United States persons consistent with the need
of the United States to obtain, produce, and
disseminate foreign intelligence information;
``(B) procedures that require that
nonpublicly available information, which is not
foreign intelligence information, as defined in
section 101(e)(1), shall not be disseminated in
a manner that identifies any United States
person, without such person's consent, unless
such person's identity is necessary to
understand foreign intelligence information or
assess its importance; and
``(C) notwithstanding subparagraphs (A) and
(B), procedures that allow for the retention
and dissemination of information that is
evidence of a crime which has been, is being,
or is about to be committed and that is to be
retained or disseminated for law enforcement
purposes.
``(h) Use of Information.--Information acquired from
tangible things received by the Federal Bureau of Investigation
in response to an order under this title concerning any United
States person may be used and disclosed by Federal officers and
employees without the consent of the United States person only
in accordance with the minimization procedures adopted pursuant
to subsection (g). No otherwise privileged information acquired
from tangible things received by the Federal Bureau of
Investigation in accordance with the provisions of this title
shall lose its privileged character. No information acquired
from tangible things received by the Federal Bureau of
Investigation in response to an order under this title may be
used or disclosed by Federal officers or employees except for
lawful purposes.''.
(h) Enhanced Oversight.--Section 502 of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1862) is
amended--
(1) in subsection (a)--
(A) by striking ``semiannual basis'' and
inserting ``annual basis''; and
(B) by inserting ``and the Committee on the
Judiciary'' after ``and the Select Committee on
Intelligence'';
(2) in subsection (b)--
(A) by striking ``On a semiannual basis''
and all that follows through ``the preceding 6-
month period'' and inserting ``In April of each
year, the Attorney General shall submit to the
House and Senate Committees on the Judiciary
and the House Permanent Select Committee on
Intelligence and the Senate Select Committee on
Intelligence a report setting forth with
respect to the preceding calendar year'';
(B) in paragraph (1), by striking ``and''
at the end;
(C) in paragraph (2), by striking the
period at the end and inserting ``; and''; and
(D) by adding at the end the following new
paragraph:
``(3) the number of such orders either granted,
modified, or denied for the production of each of the
following:
``(A) Library circulation records, library
patron lists, book sales records, or book
customer lists.
``(B) Firearms sales records.
``(C) Tax return records.
``(D) Educational records.
``(E) Medical records containing
information that would identify a person.'';
and
(3) by adding at the end the following new
subsection:
``(c)(1) In April of each year, the Attorney General shall
submit to Congress a report setting forth with respect to the
preceding year--
``(A) the total number of applications made for
orders approving requests for the production of
tangible things under section 501; and
``(B) the total number of such orders either
granted, modified, or denied.
``(2) Each report under this subsection shall be submitted
in unclassified form.''.
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''.
(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,
ormaintaining 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),
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''; and
(4) by inserting after clause (iii) the following:
``(iv) section 1010A of the
Controlled Substances Import and Export
Act (relating to narco-terrorism).''.
(b) Clerical Correction.--Section 2332b(g)(5)(B) of title
18, United States Code, is amended by inserting ``)'' after
``2339C (relating to financing of terrorism''.
SEC. 113. AMENDMENTS TO SECTION 2516(1) OF TITLE 18, UNITED STATES
CODE.
(a) Paragraph (a) Amendment.--Section 2516(1)(a) of title
18, United States Code, is amended by inserting ``chapter 10
(relating to biological weapons)'' after ``under the following
chapters of this title:''.
(b) Paragraph (c) Amendment.--Section 2516(1)(c) of title
18, United States Code, is amended--
(1) by inserting ``section 37 (relating to violence
at international airports), section 43 (relating to
animal enterprise terrorism),'' after ``the following
sections of this title:'';
(2) by inserting ``section 832 (relating to nuclear
and weapons of mass destruction threats), section 842
(relating to explosive materials), section 930
(relating to possession of weapons in Federal
facilities),'' after ``section 751 (relating to
escape),'';
(3) by inserting ``section 1114 (relating to
officers and employees of the United States), section
1116 (relating to protection of foreign officials),''
after ``section 1014 (relating to loans and credit
applications generally; renewals and discounts),'';
(4) by inserting ``section 1992 (relating to
terrorist attacks against mass transportation),'' after
``section 1344 (relating to bank fraud),'';
(5) by inserting ``section 2340A (relating to
torture),'' after ``section 2321 (relating to
trafficking in certain motor vehicles or motor vehicle
parts),'';
(6) by inserting ``section 81 (arson within special
maritime and territorial jurisdiction),'' before
``section 201 (bribery of public officials and
witnesses)''; and
(7) by inserting ``section 956 (conspiracy to harm
persons or property overseas),'' after ``section 175c
(relating to variola virus)''.
(c) Paragraph (g) Amendment.--Section 2516(1)(g) of title
18, United States Code, is amended by inserting before the
semicolon ``, or section 5324 of title 31, United States Code
(relating to structuring transactions to evade reporting
requirement prohibited)''.
(d) Paragraph (j) Amendment.--Section 2516(1)(j) of title
18, United States Code, is amended--
(1) by striking ``or'' before ``section 46502
(relating to aircraft piracy)'' and inserting a comma
after ``section 60123(b) (relating to the destruction
of a natural gas pipeline''; and
(2) by inserting ``, the second sentence of section
46504 (relating to assault on a flight crew with
dangerous weapon), or section 46505(b)(3) or (c)
(relating to explosive or incendiary devices, or
endangerment of human life, by means of weapons on
aircraft)'' before of ``title 49''.
(e) Paragraph (p) Amendment.--Section 2516(1)(p) of title
18, United States Code, is amended by inserting ``, section
1028A (relating to aggravated identity theft)'' after ``other
documents''.
(f) Paragraph (q) Amendment.--Section 2516(1)(q) of title
18, United States Code, is amended--
(1) by inserting ``2339'' after ``2232h'';
(2) by striking ``or'' before ``2339C''; and
(3) by inserting ``, or 2339D'' after ``2339C''.
(g) Amendment of Predicate Crimes for Authorization for
Interception of Wire, Oral, and Electronic Communications.--
Section 2516(1) of title 18, United State Code, is amended--
(1) in subparagraph (q), by striking ``or'' after
the semicolon;
(2) by redesignating subparagraph (r) as
subparagraph (s); and
(3) by adding after subparagraph (q) the following:
``(r) any criminal violation of section 1 (relating
to illegal restraints of trade or commerce), 2
(relating to illegal monopolizing of trade or
commerce), or 3 (relating to illegal restraints of
trade or commerce in territories or the District of
Columbia) of the Sherman Act (15 U.S.C. 1, 2, 3); or''.
SEC. 114. DELAYED NOTICE SEARCH WARRANTS.
(a) Limitation on Reasonable Period for Delay.--Section
3103a of title 18, United States Code, is amended--
(1) by striking subsection (b)(3) and inserting the
following:
``(3) the warrant provides for the giving of such
notice within a reasonable period not to exceed 30 days
after the date of its execution, or on a later date
certain if the facts of the case justify a longer
period of delay. ''
(2) by adding at the end the following:
``(c) Extensions of Delay.--Any period of delay authorized
by this section may be extended by the court for good cause
shown, subject to the condition that extensions should only be
granted upon an updated showing of the need for further delay
and that each additional delay should be limited to periods of
90 days or less, unless the facts of the case justify a longer
period of delay.''.
(b) Limitation on Authority To Delay Notice.--Section
3103a(b)(1) of title 18, United States Code, is amended by
inserting ``, except if the adverse results consist only of
unduly delaying a trial'' after ``2705''.
(c) Enhanced Oversight.--Section 3103a of title 18, United
States Code, is further amended by adding at the end the
following:
``(d) Reports.--
``(1) Report by judge.--Not later than 30 days
after the expiration of a warrant authorizing delayed
notice (including any extension thereof) entered under
this section, or the denial of such warrant (or request
for extension), the issuing or denying judge shall
report to the Administrative Office of the United
States Courts--
``(A) the fact that a warrant was applied
for;
``(B) the fact that the warrant or any
extension thereof was granted as applied for,
was modified, or was denied;
``(C) the period of delay in the giving of
notice authorized by the warrant, and the
number and duration of any extensions; and
``(D) the offense specified in the warrant
or application.
``(2) Report by administrative office of the united
states courts.--Beginning with the fiscal year ending
September 30, 2007, the Director of the Administrative
Office of the United States Courts shall transmit to
Congress annually a full and complete report
summarizing the data required to be filed with the
Administrative Office by paragraph (1), including the
number of applications for warrants and extensions of
warrants authorizing delayed notice, and the number of
such warrants and extensions granted or denied during
the preceding fiscal year.
``(3) Regulations.--The Director of the
Administrative Office of the United States Courts, in
consultation with the Attorney General, is authorized
to issue binding regulations dealing with the content
and form of the reports required to be filed under
paragraph (1).''.
SEC. 115. JUDICIAL REVIEW OF NATIONAL SECURITY LETTERS.
Chapter 223 of title 18, United States Code, is amended--
(1) by inserting at the end of the table of
sections the following new item:
``3511. Judicial review of requests for information.'';
and
(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, counterterrorism, or counterintelligence
investigation, interfere with diplomatic relations, or endanger
the life or physical safety of any person. If the
recertification that disclosure may endanger the national
security of the United States or interfere with diplomatic
relations is made by the Attorney General, Deputy Attorney
General, an Assistant Attorney General, or the Director of the
Federal Bureau of Investigation, such certification shall be
treated as conclusive unless the court finds that the
recertification was made in bad faith. If the court denies a
petition for an order modifying or setting aside a
nondisclosure requirement under this paragraph, the recipient
shall be precluded for a period of one year from filing another
petition to modify or set aside such nondisclosure requirement.
``(c) In the case of a failure to comply with a request for
records, a report, or other information made to anyperson or
entity under section 2709(b) of this title, section 626(a) or (b) or
627(a) of the Fair Credit Reporting Act, section 1114(a)(5)(A) of the
Right to Financial Privacy Act, or section 802(a) of the National
Security Act of 1947, the Attorney General may invoke the aid of any
district court of the United States within the jurisdiction in which
the investigation is carried on or the person or entity resides,
carries on business, or may be found, to compel compliance with the
request. The court may issue an order requiring the person or entity to
comply with the request. Any failure to obey the order of the court may
be punished by the court as contempt thereof. Any process under this
section may be served in any judicial district in which the person or
entity may be found.
``(d) In all proceedings under this section, subject to any
right to an open hearing in a contempt proceeding, the court
must close any hearing to the extent necessary to prevent an
unauthorized disclosure of a request for records, a report, or
other information made to any person or entity under section
2709(b) of this title, section 626(a) or (b) or 627(a) of the
Fair Credit Reporting Act, section 1114(a)(5)(A) of the Right
to Financial Privacy Act, or section 802(a) of the National
Security Act of 1947. Petitions, filings, records, orders, and
subpoenas must also be kept under seal to the extent and as
long as necessary to prevent the unauthorized disclosure of a
request for records, a report, or other information made to any
person or entity under section 2709(b) of this title, section
626(a) or (b) or 627(a) of the Fair Credit Reporting Act,
section 1114(a)(5)(A) of the Right to Financial Privacy Act, or
section 802(a) of the National Security Act of 1947.
``(e) In all proceedings under this section, the court
shall, upon request of the government, review ex parte and in
camera any government submission or portions thereof, which may
include classified information.''.
SEC. 116. CONFIDENTIALITY OF NATIONAL SECURITY LETTERS.
(a) Section 2709(c) of title 18, United States Code, is
amended to read:
``(c) Prohibition of Certain Disclosure.--
``(1) If the Director of the Federal Bureau of
Investigation, or his designee in a position not lower
than Deputy Assistant Director at Bureau headquarters
or a Special Agent in Charge in a Bureau field office
designated by the Director, certifies that otherwise
there may result a danger to the national security of
the United States, interference with a criminal,
counterterrorism, or counterintelligence investigation,
interference with diplomatic relations, or danger to
the life or physical safety of any person, no wire or
electronic communications service provider, or officer,
employee, or agent thereof, shall disclose to any
person (other than those to whom such disclosure is
necessary to comply with the request or an attorney to
obtain legal advice or legal assistance with respect to
the request) that the Federal Bureau of Investigation
has sought or obtained access to information or records
under this section.
``(2) The request shall notify the person or entity
to whom the request is directed of the nondisclosure
requirement under paragraph (1).
``(3) Any recipient disclosing to those persons
necessary to comply with the request or to an attorney
to obtain legal advice or legal assistance with respect
to the request shall inform such person of any
applicable nondisclosure requirement. Any person who
receives a disclosure under this subsection shall be
subject to the same prohibitions on disclosure under
paragraph (1).
``(4) At the request of the Director of the Federal
Bureau of Investigation or the designee of the
Director, any person making or intending to make a
disclosure under this section shall identify to the
Director or such designee the person to whom such
disclosure will be made or to whom such disclosurewas
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
ofthe United States, interference with a criminal, counterterrorism, or
counterintelligence investigation, interference with diplomatic
relations, or danger to the life or physical safety of any person, no
governmental or private entity, or officer, employee, or agent of such
entity, may disclose to any person (other than those to whom such
disclosure is necessary to comply with the request or an attorney to
obtain legal advice or legal assistance with respect to the request)
that such entity has received or satisfied a request made by an
authorized investigative agency under this section.
``(2) The request shall notify the person or entity
to whom the request is directed of the nondisclosure
requirement under paragraph (1).
``(3) Any recipient disclosing to those persons
necessary to comply with the request or to an attorney
to obtain legal advice or legal assistance with respect
to the request shall inform such persons of any
applicable nondisclosure requirement. Any person who
receives a disclosure under this subsection shall be
subject to the same prohibitions on disclosure under
paragraph (1).
``(4) At the request of the authorized
investigative agency, any person making or intending to
make a disclosure under this section shall identify to
the requesting official of the authorized investigative
agency the person to whom such disclosure will be made
or to whom such disclosure was made prior to the
request, but in no circumstance shall a person be
required to inform such official that the person
intends to consult an attorney to obtain legal advice
or legal assistance.''.
SEC. 117. VIOLATIONS OF NONDISCLOSURE PROVISIONS OF NATIONAL SECURITY
LETTERS.
Section 1510 of title 18, United States Code, is amended by
adding at the end the following:
``(e) Whoever, having been notified of the applicable
disclosure prohibitions or confidentiality requirements of
section 2709(c)(1) of this title, section 626(d)(1) or
627(c)(1) of the Fair Credit Reporting Act (15 U.S.C.
1681u(d)(1) or 1681v(c)(1)), section 1114(a)(3)(A) or
1114(a)(5)(D)(i) of the Right to Financial Privacy Act (12
U.S.C. 3414(a)(3)(A) or 3414(a)(5)(D)(i)), or section 802(b)(1)
of the National Security Act of 1947 (50 U.S.C. 436(b)(1)),
knowingly and with the intent to obstruct an investigation or
judicial proceeding violates such prohibitions or requirements
applicable by law to such person shall be imprisoned for not
more than five years, fined under this title, or both.''.
SEC. 118. REPORTS ON NATIONAL SECURITY LETTERS.
(a) Existing Reports.--Any report made to a committee of
Congress regarding national security letters under section
2709(c)(1) of title 18, United States Code, 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 theHouse 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 consumer
records for counterterrorism investigations).
SEC. 120. DEFINITION FOR FORFEITURE PROVISIONS UNDER SECTION 806 OF THE
USA PATRIOT ACT.
Section 981(a)(1)(G) of title 18, United States Code, is
amended--
(1) in clause (i), by striking ``act of
international or domestic terrorism (as defined in
section 2331)'' and inserting ``any Federal crime of
terrorism (as defined in section 2332b(g)(5))'';
(2) in clause (ii), by striking ``an act of
international or domestic terrorism (as defined in
section 2331)'' with ``any Federal crime of terrorism
(as defined in section 2332b(g)(5)''; and
(3) in clause (iii), by striking ``act of
international or domestic terrorism (as defined in
section 2331)'' and inserting ``Federal crime of
terrorism (as defined in section 2332b(g)(5))''.
SEC. 121. PENAL PROVISIONS REGARDING TRAFFICKING IN CONTRABAND
CIGARETTES OR SMOKELESS TOBACCO.
(a) Threshold Quantity for Treatment as Contraband
Cigarettes.--(1) Section 2341(2) of title 18, United States
Code, is amended by striking ``60,000 cigarettes'' and
inserting ``10,000 cigarettes''.
(2) Section 2342(b) of that title is amended by striking
``60,000'' and inserting ``10,000''.
(3) Section 2343 of that title is amended--
(A) in subsection (a), by striking ``60,000'' and
inserting ``10,000''; and
(B) in subsection (b), by striking ``60,000'' and
inserting ``10,000''.
(b) Contraband Smokeless Tobacco.--(1) Section 2341 of that
title is amended--
(A) in paragraph (4), by striking ``and'' at the
end;
(B) in paragraph (5), by striking the period at the
end and inserting a semicolon; and
(C) by adding at the end the following new
paragraphs:
``(6) the term `smokeless tobacco' means any finely
cut, ground, powdered, or leaf tobacco that is intended
to be placed in the oral or nasal cavity or otherwise
consumed without being combusted;
``(7) the term `contraband smokeless tobacco' means
a quantity in excess of 500 single-unit consumer-sized
cans or packages of smokeless tobacco, or their
equivalent, that are in the possession of any person
other than--
``(A) a person holding a permit issued
pursuant to chapter 52 of the Internal Revenue
Code of 1986 as manufacturer of tobacco
products or as an export warehouse proprietor,
a person operating a customs bonded warehouse
pursuant to section 311 or 555 of the Tariff
Act of 1930 (19 U.S.C. 1311, 1555), or an agent
of such person;
``(B) a common carrier transporting such
smokeless tobacco under a proper bill of lading
or freight bill which states the quantity,
source, and designation of such smokeless
tobacco;
``(C) a person who--
``(i) is licensed or otherwise
authorized by the State where such
smokeless tobacco is found to engage in
the business of selling or distributing
tobacco products; and
``(ii) has complied with the
accounting, tax, and payment
requirements relating to such license
or authorization with respect to such
smokeless tobacco; or
``(D) an officer, employee, or agent of the
United States or a State, or any department,
agency, or instrumentality of the United States
or a State (including any political subdivision
of a State), having possession of such
smokeless tobacco in connection with the
performance of official duties;''.
(2) Section 2342(a) of that title is amended by inserting
``or contraband smokeless tobacco'' after ``contraband
cigarettes''.
(3) Section 2343(a) of that title is amended by inserting
``, or any quantity of smokeless tobacco in excess of 500
single-unit consumer-sized cans or packages,'' before ``in a
single transaction''.
(4) Section 2344(c) of that title is amended by inserting
``or contraband smokeless tobacco'' after ``contraband
cigarettes''.
(5) Section 2345 of that title is amended by inserting ``or
smokeless tobacco'' after ``cigarettes'' each place it appears.
(6) Section 2341 of that title is further amended in
paragraph (2), as amended by subsection (a)(1) of this section,
in the matter preceding subparagraph (A), by striking ``State
cigarette taxes in the State where such cigarettes are found,
if the State'' and inserting ``State or local cigarette taxes
in the State or locality where such cigarettes are found, if
the State or local government''.
(c) Recordkeeping, Reporting, and Inspection.--Section 2343
of that title, as amended by this section, is further amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1),
by striking ``only--'' and inserting ``such
information as the Attorney General considers
appropriate for purposes of enforcement of this
chapter, including--''; and
(B) in the flush matter following paragraph
(3), by striking the second sentence;
(2) by redesignating subsection (b) as subsection
(c);
(3) by inserting after subsection (a) the following
new subsection (b):
``(b) Any person, except for a tribal government, who
engages in a delivery sale, and who ships, sells, or
distributes any quantity in excess of 10,000 cigarettes, or any
quantity in excess of 500 single-unit consumer-sized cans or
packages of smokeless tobacco, or their equivalent, within a
single month, shall submit to the Attorney General, pursuant to
rules or regulations prescribed by the Attorney General, a
report that sets forth the following:
``(1) The person's beginning and ending inventory
of cigarettes and cans or packages of smokeless tobacco
(in total) for such month.
``(2) The total quantity of cigarettes and cans or
packages of smokeless tobacco that the person received
within such month from each other person (itemized by
name and address).
``(3) The total quantity of cigarettes and cans or
packages of smokeless tobacco that the person
distributed within such month to each person (itemized
by name and address) other than a retail purchaser.'';
and
(4) by adding at the end the following new
subsections:
``(d) Any report required to be submitted under this
chapter to the Attorney General shall also be submitted to the
Secretary of the Treasury and to the attorneys general and the
tax administrators of the States from where the shipments,
deliveries, or distributions both originated and concluded.
``(e) In this section, the term `delivery sale' means any
sale of cigarettes or smokeless tobacco in interstate commerce
to a consumer if--
``(1) the consumer submits the order for such sale
by means of a telephone or other method of voice
transmission, the mails, or the Internet or other
online service, or by any other means where the
consumer is not in the same physical location as the
seller when the purchase or offer of sale is made; or
``(2) the cigarettes or smokeless tobacco are
delivered by use of the mails, common carrier, private
delivery service, or any other means where the consumer
is not in the same physical location as the seller when
the consumer obtains physical possession of the
cigarettes or smokeless tobacco.
``(f) In this section, the term `interstate commerce' means
commerce between a State and any place outside the State, or
commerce between points in the same State but through any place
outside the State.''.
(d) Disposal or Use of Forfeited Cigarettes and Smokeless
Tobacco.--Section 2344(c) of that title, as amended by this
section, is further amended by striking ``seizure and
forfeiture,'' and all that follows and inserting ``seizure and
forfeiture. The provisions of chapter 46 of title 18 relating
to civil forfeitures shall extend to any seizure or civil
forfeiture under this section. Any cigarettes or smokeless
tobacco so seized and forfeited shall be either--
``(1) destroyed and not resold; or
``(2) used for undercover investigative operations
for the detection and prosecution of crimes, and then
destroyed and not resold.''.
(e) Effect on State and Local Law.--Section 2345 of that
title is amended--
(1) in subsection (a), by striking ``a State to
enact and enforce'' and inserting ``a State or local
government to enact and enforce its own''; and
(2) in subsection (b), by striking ``of States,
through interstate compact or otherwise, to provide for
the administration of State'' and inserting ``of State
or local governments, through interstate compact or
otherwise, to provide for the administration of State
or local''.
(f) Enforcement.--Section 2346 of that title is amended--
(1) by inserting ``(a)'' before ``The Attorney
General''; and
(2) by adding at the end the following new
subsection:
``(b)(1) A State, through its attorney general, a local
government, through its chief law enforcement officer (or a
designee thereof), or any person who holds a permit under
chapter 52 of the Internal Revenue Code of 1986, may bring an
action in the United States district courts to prevent and
restrain violations of this chapter by any person (or by any
person controlling such person), except that any person who
holds a permit under chapter 52 of the Internal Revenue Code of
1986 may not bring such an action against a State or local
government. No civil action may be commenced under this
paragraph against an Indian tribe or an Indian in Indian
country (as defined in section 1151).
``(2) A State, through its attorney general, or a local
government, through its chief law enforcement officer (or a
designee thereof), may in a civil action under paragraph (1)
also obtain any other appropriate relief for violations of this
chapter from any person (or by any person controlling such
person), including civil penalties, money damages, and
injunctive or other equitable relief. Nothing in this chapter
shall be deemed to abrogate or constitute a waiver of any
sovereign immunity of a State or local government, or an Indian
tribe against any unconsented lawsuit under this chapter, or
otherwise to restrict, expand, or modify any sovereign immunity
of a State or local government, or an Indian tribe.
``(3) The remedies under paragraphs (1) and (2) are in
addition to any other remedies under Federal, State, local, or
other law.
``(4) Nothing in this chapter shall be construed to expand,
restrict, or otherwise modify any right of an authorized State
official to proceed in State court, or take other enforcement
actions, on the basis of an alleged violation of State or other
law.
``(5) Nothing in this chapter shall be construed to expand,
restrict, or otherwise modify any right of an authorized local
government official to proceed in State court, or take other
enforcement actions, on the basis of an alleged violation of
local or other law.''.
(g) Conforming and Clerical Amendments.--(1) The section
heading for section 2343 of that title is amended to read as
follows:
``Sec. 2343. Recordkeeping, reporting, and inspection''.
(2) The section heading for section 2345 of such title is
amended to read as follows:
``Sec. 2345. Effect on State and local law''.
(3) The table of sections at the beginning of chapter 114
of that title is amended--
(A) by striking the item relating to section 2343
and inserting the following new item:
``2343. Recordkeeping, reporting, and inspection.'';
and
(B) by striking the item relating to section 2345
and 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 tobacc2341.''.
SEC. 122. PROHIBITION OF NARCO-TERRORISM.
Part A of the Controlled Substance Import and Export Act
(21 U.S.C. 951 et seq.) is amended by inserting after section
1010 the following:
``FOREIGN TERRORIST ORGANIZATIONS, TERRORIST PERSONS AND GROUPS
``Prohibited Acts
``Sec. 1010A. (a) Whoever engages in conduct that would be
punishable under section 841(a) of this title if committed
within the jurisdiction of the United States, or attempts or
conspires to do so, knowing or intending to provide, directly
or indirectly, anything of pecuniary value to any person or
organization that has engaged or engages in terrorist activity
(as defined in section 212(a)(3)(B) of the Immigration and
Nationality Act) or terrorism (as defined in section 140(d)(2)
of the Foreign Relations Authorization Act, Fiscal Years 1988
and 1989), shall be sentenced to a term of imprisonment of not
less than twice the minimum punishment under section 841(b)(1),
and not more than life, a fine in accordance with the
provisions of title 18, United States Code, or both.
Notwithstanding section 3583 of title 18, United States Code,
any sentence imposed under this subsection shall include a term
of supervised release of at least 5 years in addition to such
term of imprisonment.
``Jurisdiction
``(b) There is jurisdiction over an offense under this
section if--
``(1) the prohibited drug activity or the terrorist
offense is in violation of the criminal laws of the
United States;
``(2) the offense, the prohibited drug activity, or
the terrorist offense occurs in or affects interstate
or foreign commerce;
``(3) an offender provides anything of pecuniary
value for a terrorist offense that causes or is
designed to cause death or serious bodily injury to a
national of the United States while that national is
outside the United States, or substantial damage to the
property of a legal entity organized under the laws of
the United States (including any of its States,
districts, commonwealths, territories, or possessions)
while that property is outside of the United States;
``(4) the offense or the prohibited drug activity
occurs in whole or in part outside of the United States
(including on the high seas), and a perpetrator of the
offense or the prohibited drug activity is a national
of the United States or a legal entity organized under
the laws of the United States (including any of its
States, districts, commonwealths, territories, or
possessions); or
``(5) after the conduct required for the offense
occurs an offender is brought into or found in the
United States, even if the conduct required for the
offense occurs outside the United States.
``Proof Requirements
``(c) To violate subsection (a), a person must have
knowledge that the person or organization has engaged or
engages in terrorist activity (as defined in section
212(a)(3)(B) of the Immigration and Nationality Act) or
terrorism (as defined in section 140(d)(2) of the Foreign
Relations Authorization Act, Fiscal Years 1988 and 1989).
``Definition
``(d) As used in this section, the term `anything of
pecuniary value' has the meaning given the term in section
1958(b)(1) of title 18, United States Code.''.
SEC. 123. INTERFERING WITH THE OPERATION OF AN AIRCRAFT.
Section 32 of title 18, United States Code, is amended--
(1) in subsection (a), by redesignating paragraphs
(5), (6), and (7) as paragraphs (6), (7), and (8)
respectively;
(2) by inserting after paragraph (4) of subsection
(a), the following:
``(5) interferes with or disables, with intent to
endanger the safety of any person or with a reckless
disregard for the safety of human life, anyone engaged
in the authorized operation of such aircraft or any air
navigation facility aiding in the navigation of any
such aircraft;'';
(3) in subsection (a)(8), by striking ``paragraphs
(1) through (6)'' and inserting ``paragraphs (1)
through (7)''; and
(4) in subsection (c), by striking ``paragraphs (1)
through (5)'' and inserting ``paragraphs (1) through
(6)''.
SEC. 124. SENSE OF CONGRESS RELATING TO LAWFUL POLITICAL ACTIVITY.
It is the sense of Congress that government should not
investigate an American citizen solely on the basis of the
citizen's membership in a non-violent political organization or
the fact that the citizen was engaging in other lawful
political activity.
SEC. 125. REMOVAL OF CIVIL LIABILITY BARRIERS THAT DISCOURAGE THE
DONATION OF FIRE EQUIPMENT TO VOLUNTEER FIRE
COMPANIES.
(a) Liability Protection.--A person who donates qualified
fire control or rescue equipment to a volunteer fire company
shall not be liable for civil damages under any State or
Federal law for personal injuries, property damage or loss, or
death caused by the equipment after the donation.
(b) Exceptions.--Subsection (a) does not apply to a person
if--
(1) the person's act or omission causing the
injury, damage, loss, or death constitutes gross
negligence or intentional misconduct; 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 ofindividuals who
provide fire protection and other emergency services, where at least 30
percent of the individuals receive little or no compensation compared
with an entry level full-time paid individual in that association or in
the nearest such association with an entry level full-time paid
individual.
(6) Authorized technician.--The term ``authorized
technician'' means a technician who has been certified
by the manufacturer of fire control or fire rescue
equipment to inspect such equipment. The technician
need not be employed by the State or local agency
administering the distribution of the fire control or
fire rescue equipment.
(e) Effective Date.--This section applies only to liability
for injury, damage, loss, or death caused by equipment that,
for purposes of subsection (a), is donated on or after the date
that is 30 days after the date of the enactment of this
section.
SEC. 126. REPORT ON DATA-MINING ACTIVITIES.
(a) Report.--Not later than one year after the date of the
enactment of this Act, the Attorney General shall submit to
Congress a report on any initiative of the Department of
Justice that uses or is intended to develop pattern-based data-
mining technology, including, for each such initiative, the
following information:
(1) A thorough description of the pattern-based
data-mining technology consistent with the protection
of existing patents, proprietary business processes,
trade secrets, and intelligence sources and methods.
(2) A thorough discussion of the plans for the use
of such technology and the target dates for the
deployment of the pattern-based data-mining technology.
(3) An assessment of the likely efficacy of the
pattern-based data-mining technology quality assurance
controls to be used in providing accurate and valuable
information consistent with the stated plans for the
use of the technology.
(4) An assessment of the likely impact of the
implementation of the pattern-based data-mining
technology on privacy and civil liberties.
(5) A list and analysis of the laws and regulations
applicable to the Department of Justice that govern the
application of the pattern-based data-mining technology
to the information to be collected, reviewed, gathered,
and analyzed with the pattern-based data-mining
technology.
(6) A thorough discussion of the policies,
procedures, and guidelines of the Department of Justice
that are to be developed and applied in the use of such
technology for pattern-based data-mining in order to--
(A) protect the privacy and due process
rights of individuals; and
(B) ensure that only accurate information
is collected and used or account for the
possibility of inaccuracy in that information
and guard against harmful consequences of
potential inaccuracies.
(7) Any necessary classified information in an
annex that shall be available consistent with national
security to the Committee on the Judiciary of both the
Senate and the House of Representatives.
(b) Definitions.--In this section:
(1) Data-mining.--The term ``data-mining'' means a
query or search or other analysis of one or more
electronic databases, where--
(A) at least one of the databases was
obtained from or remains under the control of a
non-Federal entity, or the information was
acquired initially by another department or
agency of the Federal Government for purposes
other than intelligence or law enforcement;
(B) the search does not use personal
identifiers of a specific individual or does
not utilize inputs that appear on their face to
identify or be associated with a specified
individual to acquire information; and
(C) a department or agency of the Federal
Government is conducting the query or search or
other analysis to find a pattern indicating
terrorist or other criminal activity.
(2) Database.--The term ``database'' does not
include telephone directories, information publicly
available via the Internet or available by any other
means to any member of the public, any databases
maintained, operated, or controlled by a State, local,
or tribal government (such as a State motor vehicle
database), or databases of judicial and administrative
opinions.
SEC. 127. SENSE OF CONGRESS.
It is the sense of Congress that under section 981 of title
18, United States Code, victims of terrorists attacks should
have access to the assets forfeited.
SEC. 128. USA PATRIOT ACT SECTION 214; AUTHORITY FOR DISCLOSURE OF
ADDITIONAL INFORMATION IN CONNECTION WITH ORDERS
FOR PEN REGISTER AND TRAP AND TRACE AUTHORITY UNDER
FISA.
(a) Records.--Section 402(d)(2) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1842(d)(2)) is amended--
(1) in subparagraph (A)--
(A) in clause (ii), by adding ``and'' at
the end; and
(B) in clause (iii), by striking the period
at the end and inserting a semicolon; 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 deathin accordance with the
procedures established in chapter 228 of title 18, United States Code,
if for any offense committed before the enactment of the Violent Crime
Control and Law Enforcement Act of 1994 (Public Law 103-322), but after
the enactment of the Antihijacking Act of 1974 (Public Law 93-366), it
is determined by the finder of fact, before consideration of the
factors set forth in sections 3591(a)(2) and 3592(a) and (c) of title
18, United States Code, that one or more of the factors set forth in
former section 46503(c)(2) of title 49, United States Code, or its
predecessor, has been proven by the Government to exist, beyond a
reasonable doubt, and that none of the factors set forth in former
section 46503(c)(1) of title 49, United States Code, or its
predecessor, has been proven by the defendant to exist, by a
preponderance of the information. The meaning of the term `especially
heinous, cruel, or depraved', as used in the factor set forth in former
section 46503(c)(2)(B)(iv) of title 49, United States Code, or its
predecessor, shall be narrowed by adding the limiting language `in that
it involved torture or serious physical abuse to the victim', and shall
be construed as when that term is used in section 3592(c)(6) of title
18, United States Code.''.
(b) Severability Clause.--If any provision of section
60003(b)(2) of the Violent Crime and Law Enforcement Act of
1994 (Public Law 103-322), or the application thereof to any
person or any circumstance is held invalid, the remainder of
such section and the application of such section to other
persons or circumstances shall not be affected thereby.
SEC. 212. POSTRELEASE SUPERVISION OF TERRORISTS.
Section 3583(j) of title 18, United States Code, is amended
in subsection (j), by striking ``, the commission'' and all
that follows through ``person,''.
Subtitle B--Federal Death Penalty Procedures
SEC. 221. ELIMINATION OF PROCEDURES APPLICABLE ONLY TO CERTAIN
CONTROLLED SUBSTANCES ACT CASES.
Section 408 of the Controlled Substances Act (21 U.S.C.
848) is amended--
(1) in subsection (e)(2), by striking ``(1)(b)''
and inserting (1)(B);
(2) by striking subsection (g) and all that follows
through subsection (p);
(3) by striking subsection (r); and
(4) in subsection (q), by striking paragraphs (1)
through (3).
SEC. 222. COUNSEL FOR FINANCIALLY UNABLE DEFENDANTS.
(a) In General.--Chapter 228 of title 18, United States
Code, is amended by adding at the end the following new
section:
``Sec. 3599. Counsel for financially unable defendants
``(a)(1) Notwithstanding any other provision of law to the
contrary, in every criminal action in which a defendant is
charged with a crime which may be punishable by death, a
defendant who is or becomes financially unable to obtain
adequate representation or investigative, expert, or other
reasonably necessary services at any time either--
``(A) before judgment; or
``(B) after the entry of a judgment imposing a
sentence of death but before the execution of that
judgment;
shall be entitled to the appointment of one or more attorneys
and the furnishing of such other services in accordance with
subsections (b) through (f).
``(2) In any post conviction proceeding under section 2254
or 2255 of title 28, United States Code, seeking to vacate or
set aside a death sentence, any defendant who is or becomes
financially unable to obtain adequate representation or
investigative, expert, or other reasonably necessary services
shall be entitled to the appointment of one or more attorneys
and the furnishing of such other services in accordance with
subsections (b) through (f).
``(b) If the appointment is made before judgment, at least
one attorney so appointed must have been admitted to practice
in the court in which the prosecution is to be tried for not
less than five years, and must have had not less than three
years experience in the actual trial of felony prosecutions in
that court.
``(c) If the appointment is made after judgment, at least
one attorney so appointed must have been admitted to practice
in the court of appeals for not less than five years, and must
have had not less than three years experience in the handling
of appeals in that court in felony cases.
``(d) With respect to subsections (b) and (c), the court,
for good cause, may appoint another attorney whose background,
knowledge, or experience would otherwise enable him or her to
properly represent the defendant, with due consideration to the
seriousness of the possible penalty and to the unique and
complex nature of the litigation.
``(e) Unless replaced by similarly qualified counsel upon
the attorney's own motion or upon motion of the defendant, each
attorney so appointed shall represent the defendant throughout
every subsequent stage of available judicial proceedings,
including pretrial proceedings, trial,sentencing, motions for
new trial, appeals, applications for writ of certiorari to the Supreme
Court of the United States, and all available post-conviction process,
together with applications for stays of execution and other appropriate
motions and procedures, and shall also represent the defendant in such
competency proceedings and proceedings for executive or other clemency
as may be available to the defendant.
``(f) Upon a finding that investigative, expert, or other
services are reasonably necessary for the representation of the
defendant, whether in connection with issues relating to guilt
or the sentence, the court may authorize the defendant's
attorneys to obtain such services on behalf of the defendant
and, if so authorized, shall order the payment of fees and
expenses therefor under subsection (g). No ex parte proceeding,
communication, or request may be considered pursuant to this
section unless a proper showing is made concerning the need for
confidentiality. Any such proceeding, communication, or request
shall be transcribed and made a part of the record available
for appellate review.
``(g)(1) Compensation shall be paid to attorneys appointed
under this subsection at a rate of not more than $125 per hour
for in-court and out-of-court time. The Judicial Conference is
authorized to raise the maximum for hourly payment specified in
the paragraph up to the aggregate of the overall average
percentages of the adjustments in the rates of pay for the
General Schedule made pursuant to section 5305 of title 5 on or
after such date. After the rates are raised under the preceding
sentence, such hourly range may be raised at intervals of not
less than one year, up to the aggregate of the overall average
percentages of such adjustments made since the last raise under
this paragraph.
``(2) Fees and expenses paid for investigative, expert, and
other reasonably necessary services authorized under subsection
(f) shall not exceed $7,500 in any case, unless payment in
excess of that limit is certified by the court, or by the
United States magistrate judge, if the services were rendered
in connection with the case disposed of entirely before such
magistrate judge, as necessary to provide fair compensation for
services of an unusual character or duration, and the amount of
the excess payment is approved by the chief judge of the
circuit. The chief judge of the circuit may delegate such
approval authority to an active circuit judge.
``(3) The amounts paid under this paragraph for services in
any case shall be disclosed to the public, after the
disposition of the petition.''.
(b) Conforming Amendment.--The table of sections of the
bill is amended by inserting after the item relating to section
3598 the following new item:
``3599. Counsel for financially unable defendants.''.
(c) Repeal.--Subsection (q) of section 408 of the
Controlled Substances Act is amended by striking paragraphs (4)
through (10).
TITLE III--REDUCING CRIME AND TERRORISM AT AMERICA'S SEAPORTS
SEC. 301. SHORT TITLE.
This title may be cited as the ``Reducing Crime and
Terrorism at America's Seaports Act of 2005''.
SEC. 302. ENTRY BY FALSE PRETENSES TO ANY SEAPORT.
(a) In General.--Section 1036 of title 18, United States
Code, is amended--
(1) in subsection (a)--
(A) in paragraph (2), by striking ``or'' at
the end;
(B) by redesignating paragraph (3) as
paragraph (4); and
(C) by inserting after paragraph (2) the
following:
``(3) any secure or restricted area of any seaport,
designated as secure in an approved security plan, as
required under section 70103 of title 46, United States
Code, and the rules and regulations promulgated under
that section; or'';
(2) in subsection (b)(1), by striking ``5 years''
and inserting ``10 years'';
(3) in subsection (c)(1), by inserting ``, captain
of the seaport,'' after ``airport authority''; and
(4) by striking the section heading and inserting
the following:
``Sec. 1036. Entry by false pretenses to any real property, vessel, or
aircraft of the United States or secure area of any
airport or seaport''.
(b) Technical and Conforming Amendment.--The table of
sections for chapter 47 of title 18 is amended by striking the
matter relating to section 1036 and inserting the following:
``1036. Entry by false pretenses to any real property, vessel, or
aircraft of the United States or secure area of any airport or
seaport.''.
(c) Definition of Seaport.--Chapter 1 of title 18, United
States Code, is amended by adding at the end the following:
``Sec. 26. Definition of seaport
``As used in this title, the term `seaport' means all
piers, wharves, docks, and similar structures, adjacent to any
waters subject to the jurisdiction of the United States, to
which a vessel may be secured, including areas of land, water,
or land and water under and in immediate proximity to such
structures, buildings on or contiguous to such structures, and
the equipment and materials on such structures or in such
buildings.''.
(d) Technical and Conforming Amendment.--The table of
sections for chapter 1 of title 18 is amended by inserting
after the matter relating to section 25 the following:
``26. Definition of seaport.''.
SEC. 303. CRIMINAL SANCTIONS FOR FAILURE TO HEAVE TO, OBSTRUCTION OF
BOARDING, OR PROVIDING FALSE INFORMATION.
(a) Offense.--Chapter 109 of title 18, United States Code,
is amended by adding at the end the following:
``Sec. 2237. Criminal sanctions for failure to heave to, obstruction of
boarding, or providing false information
``(a)(1) It shall be unlawful for the master, operator, or
person in charge of a vessel of the United States, or a vessel
subject to the jurisdiction of the United States, to knowingly
fail to obey an order by an authorized Federal law enforcement
officer to heave to that vessel.
``(2) It shall be unlawful for any person on board a vessel
of the United States, or a vessel subject to the jurisdiction
of the United States, to--
``(A) forcibly resist, oppose, prevent, impede,
intimidate, or interfere with a boarding or other law
enforcement action authorized by any Federal law or to
resist a lawful arrest; or
``(B) provide materially false information to a
Federal law enforcement officer during a boarding of a
vessel regarding the vessel's destination, origin,
ownership, registration, nationality, cargo, or crew.
``(b) Any person who intentionally violates this section
shall be fined under this title or imprisoned for not more than
5 years, or both.
``(c) This section does not limit the authority of a
customs officer under section 581 of the Tariff Act of 1930 (19
U.S.C. 1581), or any other provision of law enforced or
administered by the Secretary of the Treasury or the Secretary
of Homeland Security, or the authority of any Federal law
enforcement officer under any law of the United States, to
order a vessel to stop or heave to.
``(d) A foreign nation may consent or waive objection to
the enforcement of United States law by the United States under
this section by radio, telephone, or similar oral or electronic
means. Consent or waiver may be proven by certification of the
Secretary of State or the designee of the Secretary of State.
``(e) In this section--
``(1) the term `Federal law enforcement officer'
has the meaning given the term in section 115(c);
``(2) the term `heave to' means to cause a vessel
to slow, come to a stop, or adjust its course or speed
to account for the weather conditions and sea state to
facilitate a law enforcement boarding;
``(3) the term `vessel subject to the jurisdiction
of the United States' has the meaning given the term in
section 2 of the Maritime Drug Law Enforcement Act (46
U.S.C. App. 1903); and
``(4) the term `vessel of the United States' has
the meaning given the term in section 2 of the Maritime
Drug Law Enforcement Act (46 U.S.C. App. 1903).''.
(b) Conforming Amendment.--The table of sections for
chapter 109, title 18, United States Code, is amended by
inserting after the item for section 2236 the following:
``2237. Criminal sanctions for failure to heave to, obstruction of
boarding, or providing false information.''.
SEC. 304. CRIMINAL SANCTIONS FOR VIOLENCE AGAINST MARITIME NAVIGATION,
PLACEMENT OF DESTRUCTIVE DEVICES.
(a) Placement of Destructive Devices.--Chapter 111 of title
18, United States Code, as amended by subsection (a), is
further amended by adding at the end the following:
``Sec. 2282A. Devices or dangerous substances in waters of the United
States likely to destroy or damage ships or to
interfere with maritime commerce
``(a) A person who knowingly places, or causes to be
placed, in navigable waters of the United States, by any means,
a device or dangerous substance which is likely to destroy or
cause damage to a vessel or its cargo, cause interference with
the safe navigation of vessels, or interference with maritime
commerce (such as by damaging or destroying marine terminals,
facilities, or any other marine structure or entity used in
maritime commerce) with the intent of causing such destruction
or damage, interference with the safe navigation of vessels, or
interference with maritime commerce shall be fined under this
title or imprisoned for any term of years, or for life; or
both.
``(b) A person who causes the death of any person by
engaging in conduct prohibited under subsection (a) may be
punished by death.
``(c) Nothing in this section shall be construed to apply
to otherwise lawfully authorized and conducted activities of
the United States Government.
``(d) In this section:
``(1) The term `dangerous substance' means any
solid, liquid, or gaseous material that has the
capacity to cause damage to a vessel or its cargo, or
cause interference with the safe navigation of a
vessel.
``(2) The term `device' means any object that,
because of its physical, mechanical, structural, or
chemical properties, has the capacity to cause damage
to a vessel or its cargo, or cause interference with
the safe navigation of a vessel.''.
(2) Conforming amendment.--The table of sections
for chapter 111 of title 18, United States Code, as
amended by subsection (b), is further amended by adding
after the item related to section 2282 the following:
``2282A. Devices or dangerous substances in waters of the United States
likely to destroy or damage ships or to interfere with
maritime commerce.''.
(b) Violence Against Maritime Navigation.--
(1) In general.--Chapter 111 of title 18, United
States Code as amended by subsections (a) and (c), is
further amended by adding at the end the following:
``Sec. 2282B. Violence against aids to maritime navigation
``Whoever intentionally destroys, seriously damages,
alters, moves, or tampers with any aid to maritime navigation
maintained by the Saint Lawrence Seaway Development Corporation
under the authority of section 4 of the Act of May 13, 1954 (33
U.S.C. 984), by the Coast Guard pursuant to section 81 of title
14, United States Code, or lawfully maintained under authority
granted by the Coast Guard pursuant to section 83 of title 14,
United States Code, if such act endangers or is likely to
endanger the safe navigation of a ship, shall be fined under
this title or imprisoned for not more than 20 years, or
both.''.
(2) Conforming amendment.--The table of sections
for chapter 111 of title 18, United States Code, as
amended by subsections (b) and (d) is further amended
by adding after the item related to section 2282A the
following:
``2282B. Violence against aids to maritime navigation.''.
SEC. 305. TRANSPORTATION OF DANGEROUS MATERIALS AND TERRORISTS.
(a) Transportation of Dangerous Materials and Terrorists.--
Chapter 111 of title 18, as amended by section 305, is further
amended by adding at the end the following:
``Sec. 2283. Transportation of explosive, biological, chemical, or
radioactive or nuclear materials
``(a) In General.--Whoever knowingly transports aboard any
vessel within the United States and on waters subject to the
jurisdiction of the United States or any vessel outside the
United States and on the high seas or having United States
nationality an explosive or incendiary device, biological
agent, chemical weapon, or radioactive or nuclear material,
knowing that any such item is intended to be used to commit an
offense listed under section 2332b(g)(5)(B), shall be fined
under this title or imprisoned for any term of years or for
life, or both.
``(b) Causing Death.--Any person who causes the death of a
person by engaging in conduct prohibited by subsection (a) may
be punished by death.
``(c) Definitions.--In this section:
``(1) Biological agent.--The term `biological
agent' means any biological agent, toxin, or vector (as
those terms are defined in section 178).
``(2) By-product material.--The term `by-product
material' has the meaning given that term in section
11(e) of the Atomic Energy Act of 1954 (42 U.S.C.
2014(e)).
``(3) Chemical weapon.--The term `chemical weapon'
has the meaning given that term in section 229F(1).
``(4) Explosive or incendiary device.--The term
`explosive or incendiary device' has the meaning given
the term in section 232(5) and includes explosive
materials, as that term is defined in section 841(c)
and explosive as defined in section 844(j).
``(5) Nuclear material.--The term `nuclear
material' has the meaning given that term in section
831(f)(1).
``(6) Radioactive material.--The term `radioactive
material' means--
``(A) source material and special nuclear
material, but does not include natural or
depleted uranium;
``(B) nuclear by-product material;
``(C) material made radioactive by
bombardment in an accelerator; or
``(D) all refined isotopes of radium.
``(8) Source material.--The term `source material'
has the meaning given that term in section 11(z) of the
Atomic Energy Act of 1954 (42 U.S.C. 2014(z)).
``(9) Special nuclear material.--The term `special
nuclear material' has the meaning given that term in
section 11(aa) of the Atomic Energy Act of 1954 (42
U.S.C. 2014(aa)).
``Sec. 2284. Transportation of terrorists
``(a) In General.--Whoever knowingly and intentionally
transports any terrorist aboard any vessel withinthe United
States and on waters subject to the jurisdiction of the United States
or any vessel outside the United States and on the high seas or having
United States nationality, knowing that the transported person is a
terrorist, shall be fined under this title or imprisoned for any term
of years or for life, or both.
``(b) Defined Term.--In this section, the term `terrorist'
means any person who intends to commit, or is avoiding
apprehension after having committed, an offense listed under
section 2332b(g)(5)(B).''.
(b) Conforming Amendment.--The table of sections for
chapter 111 of title 18, United States Code, as amended by
section 305, is further amended by adding at the end the
following:
``2283. Transportation of explosive, chemical, biological, or
radioactive or nuclear materials.
``2284. Transportation of terrorists.''.
SEC. 306. DESTRUCTION OF, OR INTERFERENCE WITH, VESSELS OR MARITIME
FACILITIES.
(a) In General.--Title 18, United States Code, is amended
by inserting after chapter 111 the following:
``CHAPTER 111A--DESTRUCTION OF, OR INTERFERENCE WITH, VESSELS OR
MARITIME FACILITIES
``Sec.
``2290. Jurisdiction and scope.
``2291. Destruction of vessel or maritime facility.
``2292. Imparting or conveying false information.
``Sec. 2290. Jurisdiction and scope
``(a) Jurisdiction.--There is jurisdiction, including
extraterritorial jurisdiction, over an offense under this
chapter if the prohibited activity takes place--
``(1) within the United States and within waters
subject to the jurisdiction of the United States; or
``(2) outside United States and--
``(A) an offender or a victim is a national
of the United States (as that term is defined
under section 101(a)(22) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(22));
``(B) the activity involves a vessel in
which a national of the United States was on
board; or
``(C) the activity involves a vessel of the
United States (as that term is defined under
section 2 of the Maritime Drug Law Enforcement
Act (46 U.S.C. App. 1903).
``(b) Scope.--Nothing in this chapter shall apply to
otherwise lawful activities carried out by or at the direction
of the United States Government.
``Sec. 2291. Destruction of vessel or maritime facility
``(a) Offense.--Whoever knowingly--
``(1) sets fire to, damages, destroys, disables, or
wrecks any vessel;
``(2) places or causes to be placed a destructive
device, as defined in section 921(a)(4), destructive
substance, as defined in section 31(a)(3), or an
explosive, as defined in section 844(j) in, upon, or
near, or otherwise makes or causes to be made
unworkable or unusable or hazardous to work or use, any
vessel, or any part or other materials used or intended
to be used in connection with the operation of a
vessel;
``(3) sets fire to, damages, destroys, or disables
or places a destructive device or substance in, upon,
or near, any maritime facility, including any aid to
navigation, lock, canal, or vessel traffic service
facility or equipment;
``(4) interferes by force or violence with the
operation of any maritime facility, including any aid
to navigation, lock, canal, or vessel traffic service
facility or equipment, if such action is likely to
endanger the safety of any vessel in navigation;
``(5) sets fire to, damages, destroys, or disables
or places a destructive device or substance in, upon,
or near, any appliance, structure, property, machine,
or apparatus, or any facility or other material used,
or intended to be used, in connection with the
operation, maintenance, loading, unloading, or storage
of any vessel or any passenger or cargo carried or
intended to be carried on any vessel;
``(6) performs an act of violence against or
incapacitates any individual on any vessel, if such act
of violence or incapacitation is likely to endanger the
safety of the vessel or those on board;
``(7) performs an act of violence against a person
that causes or is likely to cause serious bodily
injury, as defined in section 1365(h)(3), in, upon, or
near, any appliance, structure, property, machine, or
apparatus, or any facility or other material used, or
intended to be used, in connection with the operation,
maintenance, loading, unloading, or storage of any
vessel or any passenger or cargo carried or intended to
be carried on any vessel;
``(8) communicates information, knowing the
information to be false and under circumstances in
which such information may reasonably be believed,
thereby endangering the safety of any vessel in
navigation; or
``(9) attempts or conspires to do anything
prohibited under paragraphs (1) through (8),
shall be fined under this title or imprisoned not more than 20
years, or both.
``(b) Limitation.--Subsection (a) shall not apply to any
person that is engaging in otherwise lawful activity, such as
normal repair and salvage activities, and the transportation of
hazardous materials regulated and allowed to be transported
under chapter 51 of title 49.
``(c) Penalty.--Whoever is fined or imprisoned under
subsection (a) as a result of an act involving a vessel that,
at the time of the violation, carried high-level radioactive
waste (as that term is defined in section 2(12) of the Nuclear
Waste Policy Act of 1982 (42 U.S.C. 10101(12)) or spent nuclear
fuel (as that term is defined in section 2(23) of the Nuclear
Waste Policy Act of 1982 (42 U.S.C. 10101(23)), shall be fined
under this title, imprisoned for a term up to life, or both.
``(d) Penalty When Death Results.--Whoever is convicted of
any crime prohibited by subsection (a) and intended to cause
death by the prohibited conduct, if the conduct resulted in the
death of any person, shall be subject also to the death penalty
or to a term of imprisonment for a period up to life.
``(e) Threats.--Whoever knowingly and intentionally imparts
or conveys any threat to do an act which would violate this
chapter, with an apparent determination and will to carry the
threat into execution, shall be fined under this title or
imprisoned not more than 5 years, or both, and is liable for
all costs incurred as a result of such threat.
``Sec. 2292. Imparting or conveying false information
``(a) In General.--Whoever imparts or conveys or causes to
be imparted or conveyed false information, knowing the
information to be false, concerning an attempt or alleged
attempt being made or to be made, to do any act that would be a
crime prohibited by this chapter or by chapter 111 of this
title, shall be subject to a civil penalty of not more than
$5,000, which shall be recoverable in a civil action brought in
the name of the United States.
``(b) Malicious Conduct.--Whoever knowingly, intentionally,
maliciously, or with reckless disregard for the safety of human
life, imparts or conveys or causes to be imparted or conveyed
false information, knowing the information to be false,
concerning an attempt or alleged attempt to do any act which
would be a crime prohibited by this chapter or by chapter 111
of this title, shall be fined under this title or imprisoned
not more than 5 years.
``(c) Jurisdiction.--
``(1) In general.--Except as provided under
paragraph (2), section 2290(a) shall not apply to any
offense under this section.
``(2) Jurisdiction.--Jurisdiction over an offense
under this section shall be determined in accordance
with the provisions applicable to the crime prohibited
by this chapter, or by chapter 111 of this title, to
which the imparted or conveyed false information
relates, as applicable.
``Sec. 2293. Bar to prosecution
``(a) In General.--It is a bar to prosecution under this
chapter if--
``(1) the conduct in question occurred within the
United States in relation to a labor dispute, and such
conduct is prohibited as a felony under the law of the
State in which it was committed; or
``(2) such conduct is prohibited as a misdemeanor,
and not as a felony, under the law of the State in
which it was committed.
``(b) Definitions.--In this section:
``(1) Labor dispute.--The term `labor dispute' has
the same meaning given that term in section 13(c) of
the Act to amend the Judicial Code and to define and
limit the jurisdiction of courts sitting in equity, and
for other purposes (29 U.S.C. 113(c), commonly known as
the Norris-LaGuardia Act).
``(2) State.--The term `State' means a State of the
United States, the District of Columbia, and any
commonwealth, territory, or possession of the United
States.''.
(b) Conforming Amendment.--The table of chapters at the
beginning of title 18, United States Code, is amended by
inserting after the item for chapter 111 the following:
``111A. Destruction of, or interference with, vessels or maritime
facilities.........................................2290''.
SEC. 307. THEFT OF INTERSTATE OR FOREIGN SHIPMENTS OR VESSELS.
(a) Theft of Interstate or Foreign Shipments.--Section 659
of title 18, United States Code, is amended--
(1) in the first undesignated paragraph--
(A) by inserting ``trailer,'' after
``motortruck,'';
(B) by inserting ``air cargo container,''
after ``aircraft,''; and
(C) by inserting ``, or from any intermodal
container, trailer, container freight station,
warehouse, or freight consolidation facility,''
after ``air navigation facility'';
(2) in the fifth undesignated paragraph, by
striking ``in each case'' and all that follows through
``or both'' the second place it appears and inserting
``be fined under this title or imprisoned not more than
10 years, or both, but if the amount or value of such
money, baggage, goods, or chattels is less than $1,000,
shall be fined under this title or imprisoned for not
more than 3 years, or both''; and
(3) by inserting after the first sentence in the
eighth undesignated paragraph the following: ``For
purposes of this section, goods and chattel shall be
construed to be moving as an interstate or foreign
shipment at all points between the point of origin and
the final destination (as evidenced by the waybill or
other shipping document of the shipment), regardless of
any temporary stop while awaiting transshipment or
otherwise.''.
(b) Stolen Vessels.--
(1) In general.--Section 2311 of title 18, United
States Code, is amended by adding at the end the
following, as a new undesignated paragraph: `` `Vessel'
means any watercraft or other contrivance used or
designed for transportation or navigation on, under, or
immediately above, water.''.
(2) Transportation and sale of stolen vessels.--
(A) Transportation.--Section 2312 of title
18, United States Code, is amended by striking
``motor vehicle or aircraft'' and inserting
``motor vehicle, vessel, or aircraft''.
(B) Sale.--Section 2313(a) of title 18,
United States Code, is amended by striking
``motor vehicle or aircraft'' and inserting
``motor vehicle, vessel, or aircraft''.
(c) Review of Sentencing Guidelines.--Pursuant to section
994 of title 28, United States Code, the United States
Sentencing Commission shall review the Federal Sentencing
Guidelines to determine whether sentencing enhancement is
appropriate for any offense under section 659 or 2311 of title
18, United States Code, as amended by this title.
(d) Annual Report of Law Enforcement Activities.--The
Attorney General shall annually submit to Congress a report,
which shall include an evaluation of law enforcement activities
relating to the investigation and prosecution of offenses under
section 659 of title 18, United States Code, as amended by this
title.
(e) Reporting of Cargo Theft.--The Attorney General shall
take the steps necessary to ensure that reports of cargo theft
collected by Federal, State, and local officials are reflected
as a separate category in the Uniform Crime Reporting System,
or any successor system, by no later than December 31, 2006.
SEC. 308. STOWAWAYS ON VESSELS OR AIRCRAFT.
Section 2199 of title 18, United States Code, is amended by
striking ``Shall be fined under this title or imprisoned not
more than one year, or both.'' and inserting the following:
``(1) shall be fined under this title, imprisoned
not more than 5 years, or both;
``(2) if the person commits an act proscribed by
this section, with the intent to commit serious bodily
injury, and serious bodily injury occurs (as defined
under section 1365, including any conduct that, if the
conduct occurred in the special maritime and
territorial jurisdiction of the United States, would
violate section 2241 or 2242) to any person other than
a participant as a result of a violation of this
section, shall be fined under this title or imprisoned
not more than 20 years, or both; and
``(3) if an individual commits an act proscribed by
this section, with the intent to cause death, and if
the death of any person other than a participant occurs
as a result of a violation of this section, shall be
fined under this title, imprisoned for any number of
years or for life, or both.''.
SEC. 309. BRIBERY AFFECTING PORT SECURITY.
(a) In General.--Chapter 11 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 226. Bribery affecting port security
``(a) In General.--Whoever knowingly--
``(1) directly or indirectly, corruptly gives,
offers, or promises anything of value to any public or
private person, with intent to commit international
terrorism or domestic terrorism (as those terms are
defined under section 2331), to--
``(A) influence any action or any person to
commit or aid in committing, or collude in, or
allow, any fraud, or make opportunity for the
commission of any fraud affecting any secure or
restricted area or seaport; or
``(B) induce any official or person to do
or omit to do any act in violation of the
lawful duty of such official or person that
affects any secure or restricted area or
seaport; or
``(2) directly or indirectly, corruptly demands,
seeks, receives, accepts, or agrees to receive or
accept anything of value personally or for any other
person or entity in return for--
``(A) being influenced in the performance
of any official act affecting any secure or
restricted area or seaport; and
``(B) knowing that such influence will be
used to commit, or plan to commit,
international or domestic terrorism,
shall be fined under this title or imprisoned not more than 15
years, or both.
``(b) Definition.--In this section, the term `secure or
restricted area' means an area of a vessel or facility
designated as secure in an approved security plan, as required
under section 70103 of title 46, United States Code, and the
rules and regulations promulgated under that section.''.
(b) Conforming Amendment.--The table of sections for
chapter 11 of title 18, United States Code, is amended by
adding at the end the following:
``226. Bribery affecting port security.''.
SEC. 310. PENALTIES FOR SMUGGLING GOODS INTO THE UNITED STATES.
The third undesignated paragraph of section 545 of title
18, United States Code, is amended by striking ``5 years'' and
inserting ``20 years''.
SEC. 311. SMUGGLING GOODS FROM THE UNITED STATES.
(a) In General.--Chapter 27 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 554. Smuggling goods from the United States
``(a) In General.--Whoever fraudulently or knowingly
exports or sends from the United States, or attempts to export
or send from the United States, any merchandise, article, or
object contrary to any law or regulation of the United States,
or receives, conceals, buys, sells, or in any manner
facilitates the transportation, concealment, or sale of such
merchandise, article or object, prior to exportation, knowing
the same to be intended for exportation contrary to any law or
regulation of the United States, shall be fined under this
title, imprisoned not more than 10 years, or both.
``(b) Definition.--In this section, the term `United
States' has the meaning given that term in section 545.''.
(b) Conforming Amendment.--The chapter analysis for chapter
27 of title 18, United States Code, is amended by adding at the
end the following:
``554. Smuggling goods from the United States.''.
(c) Specified Unlawful Activity.--Section 1956(c)(7)(D) of
title 18, United States Code, is amended by inserting ``section
554 (relating to smuggling goods from the United States),''
before ``section 641 (relating to public money, property, or
records),''.
(d) Tariff Act of 1990.--Section 596 of the Tariff Act of
1930 (19 U.S.C. 1595a) is amended by adding at the end the
following:
``(d) Merchandise exported or sent from the United States
or attempted to be exported or sent from the United States
contrary to law, or the proceeds or value thereof, and property
used to facilitate the exporting or sending of such
merchandise, the attempted exporting or sending of such
merchandise, or the receipt, purchase, transportation,
concealment, or sale of such merchandise prior to exportation
shall be seized and forfeited to the United States.''.
(e) Removing Goods From Customs Custody.--Section 549 of
title 18, United States Code, is amended in the 5th paragraph
by striking ``two years'' and inserting ``10 years''.
TITLE IV--COMBATING TERRORISM FINANCING
SEC. 401. SHORT TITLE.
This title may be cited as the ``Combating Terrorism
Financing Act of 2005''.
SEC. 402. INCREASED PENALTIES FOR TERRORISM FINANCING.
Section 206 of the International Emergency Economic Powers
Act (50 U.S.C. 1705) is amended--
(1) in subsection (a), by deleting ``$10,000'' and
inserting ``$50,000''.
(2) in subsection (b), by deleting ``ten years''
and inserting ``twenty years''.
SEC. 403. TERRORISM-RELATED SPECIFIED ACTIVITIES FOR MONEY LAUNDERING.
(a) Amendments to RICO.--Section 1961(1) of title 18,
United States Code, is amended in subparagraph (B), by
inserting ``section 1960 (relating to illegal money
transmitters),'' before ``sections 2251''.
(b) Amendment to Section 1956(c)(7).--Section 1956(c)(7)(D)
of title 18, United States Code, is amended by striking ``or
any felony violation of the Foreign Corrupt Practices Act'' and
inserting ``any felony violation of the Foreign Corrupt
Practices Act''.
(c) Conforming Amendments to Sections 1956(e) and
1957(e).--
(1) Section 1956(e) of title 18, United States
Code, is amended to read as follows:
``(e) Violations of this section may be investigated by
such components of the Department of Justice as the Attorney
General may direct, and by such components of the Department of
the Treasury as the Secretary of the Treasury may direct, as
appropriate, and, with respect to offenses over which the
Department of Homeland Security has jurisdiction, by such
components of the Department of Homeland Security as the
Secretary of Homeland Security may direct, and, with respect to
offenses over which the United States Postal Service has
jurisdiction, by the Postal Service. Such authority of the
Secretary of the Treasury, the Secretary of Homeland Security,
and the Postal Service shall be exercised in accordance with an
agreement which shall be entered into by the Secretary of the
Treasury, the Secretary of Homeland Security, the Postal
Service, and the Attorney General. Violations of this section
involving offenses described in paragraph (c)(7)(E) may be
investigated by such components of the Department of Justice as
the Attorney General may direct, and the National Enforcement
Investigations Center of the Environmental Protection
Agency.''.
(2) Section 1957(e) of title 18, United States
Code, is amended to read as follows:
``(e) Violations of this section may be investigated by
such components of the Department of Justice as the Attorney
General may direct, and by such components of the Department of
the Treasury as the Secretary of the Treasury may direct, as
appropriate, and, with respect to offenses over which the
Department of Homeland Security has jurisdiction, by such
components of the Department of Homeland Security as the
Secretary of Homeland Security may direct, and, with respect to
offenses over which the United States Postal Service has
jurisdiction, by the Postal Service. Such authority of the
Secretary of the Treasury, the Secretary of Homeland Security,
and the Postal Service shall be exercised in accordance with an
agreement which shall be entered into by the Secretary of the
Treasury, the Secretary of Homeland Security, the Postal
Service, and the Attorney General.''.
SEC. 404. ASSETS OF PERSONS COMMITTING TERRORIST ACTS AGAINST FOREIGN
COUNTRIES OR INTERNATIONAL ORGANIZATIONS.
Section 981(a)(1)(G) of title 18, United States Code, is
amended--
(1) by striking ``or'' at the end of clause (ii);
(2) by striking the period at the end of clause
(iii) and inserting ``; or''; and
(3) by inserting the following after clause (iii):
``(iv) of any individual, entity,
or organization engaged in planning or
perpetrating any act of international
terrorism (as defined in section 2331)
against any international organization
(as defined in section 209 of the State
Department Basic Authorities Act of
1956 (22 U.S.C. 4309(b)) or against any
foreign Government. Where the property
sought for forfeiture is located beyond
the territorial boundaries of the
United States, an act in furtherance of
such planning or perpetration must have
occurred within the jurisdiction of the
United States.''.
SEC. 405. MONEY LAUNDERING THROUGH HAWALAS.
Section 1956(a)(1) of title 18, United States Code, is
amended by adding at the end the following: ``For purposes of
this paragraph, a financial transaction shall be considered to
be one involving the proceeds of specified unlawful activity if
it is part of a set of parallel or dependent transactions, any
one of which involves the proceeds of specified unlawful
activity, and all of which are part of a single plan or
arrangement.''.
SEC. 406. TECHNICAL AND CONFORMING AMENDMENTS RELATING TO THE USA
PATRIOT ACT.
(a) Technical Corrections.--
(1) Section 322 of Public Law 107-56 is amended by
striking ``title 18'' and inserting ``title 28''.
(2) Section 1956(b)(3) and (4) of title 18, United
States Code, are amended by striking ``described in
paragraph (2)'' each time it appears; and
(3) Section 981(k) of title 18, United States Code,
is amended by striking ``foreign bank'' each time it
appears and inserting ``foreign financial institution
(as defined in section 984(c)(2)(A) of this title)''.
(b) Codification of Section 316 of the USA PATRIOT Act.--
(1) Chapter 46 of title 18, United States Code, is
amended--
(A) in the chapter analysis, by inserting
at the end the following:
``987. Anti-terrorist forfeiture protection.''
; and
(B) by inserting at the end the following:
``Sec. 987. Anti-terrorist forfeiture protection
``(a) Right To Contest.--An owner of property that is
confiscated under any provision of law relating to the
confiscation of assets of suspected international terrorists,
may contest that confiscation by filing a claim in the manner
set forth in the Federal Rules of Civil Procedure (Supplemental
Rules for Certain Admiralty and Maritime Claims), and asserting
as an affirmative defense that--
``(1) the property is not subject to confiscation
under such provision of law; or
``(2) the innocent owner provisions of section
983(d) of title 18, United States Code, apply to the
case.
``(b) Evidence.--In considering a claim filed under this
section, a court may admit evidence that is otherwise
inadmissible under the Federal Rules of Evidence, if the court
determines that the evidence is reliable, and that compliance
with the Federal Rules of Evidence may jeopardize the national
security interests of the United States.
``(c) Clarifications.--
``(1) Protection of rights.--The exclusion of
certain provisions of Federal law from the definition
of the term `civil forfeiture statute' in section
983(i) of title 18, United States Code, shall not be
construed to deny an owner of property the right to
contest the confiscation of assets of suspected
international terrorists under--
``(A) subsection (a) of this section;
``(B) the Constitution; or
``(C) subchapter II of chapter 5 of title
5, United States Code (commonly known as the
`Administrative Procedure Act').
``(2) Savings clause.--Nothing in this section
shall limit or otherwise affect any other remedies that
may be available to an owner of property under section
983 of title 18, United States Code, or any other
provision of law.''.
(2) Subsections (a), (b), and (c) of section 316 of
Public Law 107-56 are repealed.
(c) Conforming Amendments Concerning Conspiracies.--
(1) Section 33(a) of title 18, United States Code
is amended by inserting ``or conspires'' before ``to do
any of the aforesaid acts''.
(2) Section 1366(a) of title 18, United States
Code, is amended--
(A) by striking ``attempts'' each time it
appears and inserting ``attempts or
conspires''; and
(B) by inserting ``, or if the object of
the conspiracy had been achieved,'' after ``the
attempted offense had been completed''.
SEC. 407. CROSS REFERENCE CORRECTION.
Section 5318(n)(4)(A) of title 31, United States Code, is
amended by striking ``National Intelligence Reform Act of
2004'' and inserting ``Intelligence Reform and Terrorism
Prevention Act of 2004''.
SEC. 408. AMENDMENT TO AMENDATORY LANGUAGE.
Section 6604 of the Intelligence Reform and Terrorism
Prevention Act of 2004 is amended (effective on the date of the
enactment of that Act)--
(1) by striking ``Section 2339c(c)(2)'' and
inserting ``Section 2339C(c)(2)''; and
(2) by striking ``Section 2339c(e)'' and inserting
``Section 2339C(e)''.
SEC. 409. DESIGNATION OF ADDITIONAL MONEY LAUNDERING PREDICATE.
Section 1956(c)(7)(D) of title 18, United States Code, is
amended--
(1) by inserting ``, section 2339C (relating to
financing of terrorism), or section 2339D (relating to
receiving military-type training from a foreign
terrorist organization)'' after ``section 2339A or
2339B (relating to providing material support to
terrorists)''; and
(2) by striking ``or'' before ``section 2339A or
2339B''.
SEC. 410. UNIFORM PROCEDURES FOR CRIMINAL FORFEITURE.
Section 2461(c) of title 28, United States Code, is
amended to read as follows:
``(c) If a person is charged in a criminal case with a
violation of an Act of Congress for which the civil or criminal
forfeiture of property is authorized, the Government may
include notice of the forfeiture in the indictment or
information pursuant to the Federal Rules of Criminal
Procedure. If the defendant is convicted of the offense giving
rise to the forfeiture, the court shall order the forfeiture of
the property as part of the sentence in the criminal case
pursuant to the Federal Rules of Criminal Procedure and section
3554 of title 18, United States Code. The procedures in section
413 of the Controlled Substances Act (21 U.S.C. 853) apply to
all stages of a criminal forfeiture proceeding, except that
subsection (d) of such section applies only in cases in which
the defendant is convicted of a violation of such Act.''.
TITLE V--MISCELLANEOUS PROVISIONS
SEC. 501. RESIDENCE OF UNITED STATES ATTORNEYS AND ASSISTANT UNITED
STATES ATTORNEYS.
(a) In General.--Subsection (a) of section 545 of title 28,
United States Code, is amended by adding at the end the
following new sentence: ``Pursuant to an order from the
Attorney General or his designee, a United States attorney or
an assistant United States attorney may be assigned dual or
additional responsibilities that exempt such officer from the
residency requirement in this subsection for a specific period
as established by the order and subject to renewal.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect as of February 1, 2005.
SEC. 502. INTERIM APPOINTMENT OF UNITED STATES ATTORNEYS.
Section 546 of title 28, United States Code, is amended by
striking subsections (c) and (d) and inserting the following
new subsection:
``(c) A person appointed as United States attorney under
this section may serve until the qualification of a United
States Attorney for such district appointed by the President
under section 541 of this title. ''.
SEC. 503. SECRETARY OF HOMELAND SECURITY IN PRESIDENTIAL LINE OF
SUCCESSION.
Section 19(d)(1) of title 3, United States Code, is amended
by inserting ``, Secretary of Homeland Security'' after
``Secretary of Veterans Affairs''.
SEC. 504. BUREAU OF ALCOHOL, TOBACCO AND FIREARMS TO THE DEPARTMENT OF
JUSTICE.
The second sentence of section 1111(a)(2) of the Homeland
Security Act of 2002 (6 U.S.C. 531(a)(2)) is amended by
striking ``Attorney General'' the first place it appears and
inserting ``President, by and with the advice and consent of
the Senate''.
SEC. 505. QUALIFICATIONS OF UNITED STATES MARSHALS.
Section 561 of title 28, United States Code, is amended by
adding at the end the following new subsection:
``(i) Each marshal appointed under this section should
have--
``(1) a minimum of 4 years of command-level law
enforcement management duties, including personnel,
budget, and accountable property issues, in a police
department, sheriff's office or Federal law enforcement
agency;
``(2) experience in coordinating with other law
enforcement agencies, particularly at the State and
local level;
``(3) college-level academic experience; and
``(4) experience in or with county, State, and
Federal court systems or experience with protection of
court personnel, jurors, and witnesses.''.
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 relocationor 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 shallhave 5 additional calendar
days after the Senate reconvenes to report the nomination.
``(2) If, upon the expiration of the period
described in paragraph (1), the select Committee has
not reported the nomination, such nomination shall be
automatically discharged from the select Committee and
placed on the Executive Calendar.''.
(2) Paragraph (1) is enacted--
(A) as an exercise of the rulemaking power of the
Senate; and
(B) with full recognition of the constitutional
right of the Senate to change the rules of the Senate
at any time and to the same extent as in the case of
any other rule of the Senate.
SEC. 507. REVIEW BY ATTORNEY GENERAL.
(a) Applicability.--Section 2261 of title 28, United States
Code, is amended by striking subsection (b) and inserting the
following:
``(b) Counsel.--This chapter is applicable if--
``(1) the Attorney General of the United States
certifies that a State has established a mechanism for
providing counsel in postconviction proceedings as
provided in section 2265; and
``(2) counsel was appointed pursuant to that
mechanism, petitioner validly waived counsel,
petitioner retained counsel, or petitioner was found
not to be indigent.''.
(b) Scope of Prior Representation.--Section 2261(d) of
title 28, United States Code is amended by striking ``or on
direct appeal''.
(c) Certification and Judicial Review.--
(1) In general.--Chapter 154 of title 28, United
States Code, is amended by striking section 2265 and
inserting the following:
``Sec. 2265. Certification and judicial review
``(a) Certification.--
``(1) In general.--If requested by an appropriate
State official, the Attorney General of the United
States shall determine--
``(A) whether the State has established a
mechanism for the appointment, compensation,
and payment of reasonable litigation expenses
of competent counsel in State postconviction
proceedings brought by indigent prisoners who
have been sentenced to death;
``(B) the date on which the mechanism
described in subparagraph (A) was established;
and
``(C) whether the State provides standards
of competency for the appointment of counsel in
proceedings described in subparagraph (A).
``(2) Effective date.--The date the mechanism
described in paragraph (1)(A) was established shall be
the effective date of the certification under this
subsection.
``(3) Only express requirements.--There are no
requirements for certification or for application of
this chapter other than those expressly stated in this
chapter.
``(b) Regulations.--The Attorney General shall promulgate
regulations to implement the certification procedure under
subsection (a).
``(c) Review of Certification.--
``(1) In general.--The determination by the
Attorney General regarding whether to certify a State
under this section is subject to review exclusively as
provided under chapter 158 of this title.
``(2) Venue.--The Court of Appeals for the District
of Columbia Circuit shall have exclusive jurisdiction
over matters under paragraph (1), subject to review by
the Supreme Court under section 2350 of this title.
``(3) Standard of review.--The determination by the
Attorney General regarding whether to certify a State
under this section shall be subject to de novo
review.''.
(2) Clerical amendment.--The table of sections for
chapter 154 of title 28, United States Code, is amended
by striking the item related to section 2265 and
inserting the following:
``2265. Certification and judicial review.''.
(d) Application to Pending Cases.--
(1) In general.--This section and the amendments
made by this section shall apply to cases pending on or
after the date of enactment of this Act.
(2) Time limits.--In a case pending on the date of
enactment of this Act, if the amendments made by this
section establish a time limit for taking certain
action, the period of which began on the date of an
event that occurred prior to the date of enactment of
this Act, the period of such time limit shall instead
begin on the date of enactment of this Act.
(e) Time Limits.--Section 2266(b)(1)(A) of title 28, United
States Code, is amended by striking ``180 days after the date
on which the application is filed'' and inserting ``450 days
after the date on which the application isfiled, or 60 days
after the date on which the case is submitted for decision, whichever
is earlier''.
(f) Stay of State Court Proceedings.--Section 2251 of title
28, United States Code, is amended--
(1) in the first undesignated paragraph, by
striking ``A justice'' and inserting the following:
``(a) In General.--
``(1) Pending matters.--A justice'';
(2) in the second undesignated paragraph, by
striking ``After the'' and inserting the following:
``(b) No Further Proceedings.--After the''; and
(3) in subsection (a), as so designated by
paragraph (1), by adding at the end the following:
``(2) Matter not pending.--For purposes of this
section, a habeas corpus proceeding is not pending
until the application is filed.
``(3) Application for appointment of counsel.--If a
State prisoner sentenced to death applies for
appointment of counsel pursuant to section 3599(a)(2)
of title 18 in a court that would have jurisdiction to
entertain a habeas corpus application regarding that
sentence, that court may stay execution of the sentence
of death, but such stay shall terminate not later than
90 days after counsel is appointed or the application
for appointment of counsel is withdrawn or denied.''.
TITLE VI--SECRET SERVICE
SEC. 601. SHORT TITLE.
This title may be cited as the ``Secret Service
Authorization and Technical Modification Act of 2005''.
SEC. 602. INTERFERENCE WITH NATIONAL SPECIAL SECURITY EVENTS.
(a) In General.--Section 1752 of title 18, United States
Code, is amended--
(1) in subsection (a)--
(A) by amending paragraph (1) to read as
follows:
``(1) willfully and knowingly to enter or remain in
any posted, cordoned off, or otherwise restricted area
of a building or grounds where the President or other
person protected by the Secret Service is or will be
temporarily visiting;'';
(B) by redesignating paragraphs (2), (3),
and (4) as paragraphs (3), (4), and (5),
respectively;
(C) by inserting after paragraph (1) the
following new paragraph:
``(2) willfully and knowingly to enter or remain in
any posted, cordoned off, or otherwise restricted area
of a building or grounds so restricted in conjunction
with an event designated as a special event of national
significance;'';
(D) in paragraph (3), as redesignated by
subparagraph (B)--
(i) by inserting ``willfully,
knowingly, and'' before ``with intent
to impede or disrupt'';
(ii) by striking ``designated'' and
inserting ``described''; and
(iii) by inserting ``or (2)'' after
``paragraph (1)'';
(E) in paragraph (4), as redesignated by
subparagraph (B)--
(i) by striking ``designated or
enumerated'' and inserting
``described''; and
(ii) by inserting ``or (2)'' after
``paragraph (1)''; and
(F) in paragraph (5), as redesignated by
subparagraph (B)--
(i) by striking ``designated or
enumerated'' and inserting
``described''; and
(ii) by inserting ``or (2)'' after
``paragraph (1)'';
(2) by amending subsection (b) to read as follows:
``(b) Violation of this section, and attempts or
conspiracies to commit such violations, shall be punishable
by--
``(1) a fine under this title or imprisonment for
not more than 10 years, or both, if--
``(A) the person, during and in relation to
the offense, uses or carries a deadly or
dangerous weapon or firearm; or
``(B) the offense results in significant
bodily injury as defined by section 2118(e)(3);
and
``(2) a fine under this title or imprisonment for
not more than one year, or both, in any other case.'';
and
(3) by striking subsection (d) and redesignating
subsections (e) and (f) as subsections (d) and (e),
respectively.
(b) Clerical Amendment.--(1) The heading of such section is
amended to read as follows:
``Sec. 1752. Restricted building or grounds''.
(2) The item relating to such section in the table of
sections at the beginning of chapter 84 of such title is
amended to read as follows:
``1752. Restricted building or grounds.''.
SEC. 603. FALSE CREDENTIALS TO NATIONAL SPECIAL SECURITY EVENTS.
Section 1028 of title 18, United States Code, is amended--
(1) in subsection (a)(6), by inserting ``or a
sponsoring entity of an event designated as a special
event of national significance'' after ``States'';
(2) in subsection (c)(1), by inserting ``or a
sponsoring entity of an event designated as a special
event of national significance'' after ``States'';
(3) in subsection (d)(3), by inserting ``a
sponsoring entity of an event designated as a special
event of national significance,'' after ``political
subdivision of a State,''; and
(4) in each of subsections (d)(4)(B) and (d)(6)(B),
by inserting ``a sponsoring entity of an event
designated by the President as a special event of
national significance,'' after ``political subdivision
of a State,''.
SEC. 604. FORENSIC AND INVESTIGATIVE SUPPORT OF MISSING AND EXPLOITED
CHILDREN CASES.
Section 3056(f) of title 18, United States Code, is amended
by striking ``officers and agents of the Secret Service are''
and inserting ``the Secret Service is''.
SEC. 605. THE UNIFORMED DIVISION, UNITED STATES SECRET SERVICE.
(a) In General.--Chapter 203 of title 18, United States
Code, is amended by inserting after section 3056 the following:
``Sec. 3056A. Powers, authorities, and duties of United States Secret
Service Uniformed Division
``(a) There is hereby created and established a permanent
police force, to be known as the `United States Secret Service
Uniformed Division'. Subject to the supervision of the
Secretary of Homeland Security, the United States Secret
Service Uniformed Division shall perform such duties as the
Director, United States Secret Service, may prescribe in
connection with the protection of the following:
``(1) The White House in the District of Columbia.
``(2) Any building in which Presidential offices
are located.
``(3) The Treasury Building and grounds.
``(4) The President, the Vice President (or other
officer next in the order of succession to the Office
of President), the President-elect, the Vice President-
elect, and their immediate families.
``(5) Foreign diplomatic missions located in the
metropolitan area of the District of Columbia.
``(6) The temporary official residence of the Vice
President and grounds in the District of Columbia.
``(7) Foreign diplomatic missions located in
metropolitan areas (other than the District of
Columbia) in the United States where there are located
twenty or more such missions headed by full-time
officers, except that such protection shall be provided
only--
``(A) on the basis of extraordinary
protective need;
``(B) upon request of an affected
metropolitan area; and
``(C) when the extraordinary protective
need arises at or in association with a visit
to--
``(i) a permanent mission to, or an
observer mission invited to participate
in the work of, an international
organization of which the United States
is a member; or
``(ii) an international
organization of which the United States
is a member;
except that such protection may also be
provided for motorcades and at other places
associated with any such visit and may be
extended at places of temporary domicile in
connection with any such visit.
``(8) Foreign consular and diplomatic missions
located in such areas in the United States, its
territories and possessions, as the President, on a
case-by-case basis, may direct.
``(9) Visits of foreign government officials to
metropolitan areas (other than the District of
Columbia) where there are located twenty or more
consular or diplomatic missions staffed by accredited
personnel, including protection for motorcades and at
other places associated with such visits when such
officials are in the United States to conduct official
business with the United States Government.
``(10) Former Presidents and their spouses, as
provided in section 3056(a)(3) of title 18.
``(11) An event designated under section 3056(e) of
title 18 as a special event of national significance.
``(12) Major Presidential and Vice Presidential
candidates and, within 120 days of the general
Presidential election, the spouses of such candidates,
as provided in section 3056(a)(7) of title 18.
``(13) Visiting heads of foreign states or foreign
governments.
``(b)(1) Under the direction of the Director of the Secret
Service, members of the United States Secret Service Uniformed
Division are authorized to--
``(A) carry firearms;
``(B) make arrests without warrant for any offense
against the United States committed in their presence,
or for any felony cognizable under the laws of the
United States if they have reasonable grounds to
believe that the person to be arrested has committed or
is committing such felony; and
``(C) perform such other functions and duties as
are authorized by law.
``(2) Members of the United States Secret Service Uniformed
Division shall possess privileges and powers similar to those
of the members of the Metropolitan Police of the District of
Columbia.
``(c) Members of the United States Secret Service Uniformed
Division shall be furnished with uniforms and other necessary
equipment.
``(d) In carrying out the functions pursuant to paragraphs
(7) and (9) of subsection (a), the Secretary of Homeland
Security may utilize, with their consent, on a reimbursable
basis, the services, personnel, equipment, and facilities of
State and local governments, and is authorized to reimburse
such State and local governments for the utilization of such
services, personnel, equipment, and facilities. The Secretary
of Homeland Security may carry out the functions pursuant to
paragraphs (7) and (9) of subsection (a) by contract. The
authority of this subsection may be transferred by the
President to the Secretary of State. In carrying out any duty
under paragraphs (7) and (9) of subsection (a), the Secretary
of State is authorized to utilize any authority available to
the Secretary under title II of the State Department Basic
Authorities Act of 1956.''.
(b) Amendment to Table of Sections.--The table of sections
at the beginning of chapter 203 of title 18, United States
Code, is amended by inserting after the item relating to
section 3056 the following new item:
3056A. Powers, authorities, and duties of United States Secret Service
Uniformed Division.
(c) Conforming Repeal to Effectuate Transfer.--Chapter 3 of
title 3, United States Code, is repealed.
(d) Conforming Amendments to Laws Affecting District of
Columbia.--(1) Section 1537(d) of title 31, United States Code,
is amended--
(A) by striking ``and the Executive Protective
Service'' and inserting ``and the Secret Service
Uniformed Division''; and
(B) by striking ``their protective duties'' and all
that follows and inserting ``their protective duties
under sections 3056 and 3056A of title 18.''
(2) Section 204(e) of the State Department Basic
Authorities Act (sec. 6--1304(e), D.C. Official Code) is
amended by striking ``section 202 of title 3, United States
Code, or section 3056'' and inserting ``sections 3056 or
3056A''.
(3) Section 214(a) of the State Department Basic
Authorities Act (sec. 6--1313(a), D.C. Official Code) is
amended by striking ``sections 202(8) and 208 of title 3'' and
inserting ``section 3056A(a)(7) and (d) of title 18''.
(e) Additional Conforming Amendments.--
(1) Title 12, United States Code, section 3414,
``Special procedures'', is amended by striking ``3
U.S.C. 202'' in subsection (a)(1)(B) and inserting ``18
U.S.C. 3056A''.
(2) The State Department Basic Authorities Act of
1956 is amended--
(A) in the first sentence of section 37(c)
(22 U.S.C. 2709(c)), by striking ``section 202
of title 3, United States Code, or section 3056
of title 18, United States Code'' and inserting
``section 3056 or 3056A of title 18, United
States Code'';
(B) in section 204(e) (22 U.S.C. 4304(e)),
by striking ``section 202 of title 3, United
States Code, or section 3056 of title 18,
United States Code'' and inserting ``section
3056 or 3056A of title 18, United States
Code''; and
(C) in section 214(a) (22 U.S.C. 4314(a)),
by striking ``sections 202(7) and 208 of title
3, United States Code'' and inserting
``subsections (a)(7) and (d) of section 3056A
of title 18, United States Code''.
(3) Section 8D(a)(1)(F) of the Inspector General
Act of 1978 (5 U.S.C. App.) is amended by striking
``section 202 of title 3'' and inserting ``section
3056A of title 18''.
(4) Section 8I(a)(1)(E) of the Inspector General
Act of 1978 (5 U.S.C. App.) is amended by striking
``section 202 of title 3'' and inserting ``section
3056A of title 18''.
SEC. 606. SAVINGS PROVISIONS.
(a) This title does not affect the retirement benefits of
current employees or annuitants that existed on the day before
the effective date of this Act.
(b) This title does not affect any Executive Order
transferring to the Secretary of State the authority of section
208 of title 3 (now section 3056A(d) of title 18) in effect on
the day before the effective date of this Act.
SEC. 607. MAINTENANCE AS DISTINCT ENTITY.
Section 3056 of title 18 is amended by adding the following
at the end of the section:
``(g) The United States Secret Service shall be maintained
as a distinct entity within the Department of Homeland Security
and shall not be merged with any other Department function. No
personnel and operational elements of the United States Secret
Service shall report to an individual other than the Director
of the United States Secret Service, who shall report directly
to the Secretary of Homeland Security without being required to
report through any other official of the Department.''.
SEC. 608. EXEMPTIONS FROM THE FEDERAL ADVISORY COMMITTEE ACT.
(a) Advisory Committee Regarding Protection of Major
Presidential and Vice Presidential Candidates.--Section
3056(a)(7) of title 18, United States Code, is amended by
inserting ``The Committee shall not be subject to the Federal
Advisory Committee Act (5 U.S.C. App. 2).'' after ``other
members of the Committee.''.
(b) Electronic Crimes Task Forces.--Section 105 of Public
Law 107-56 (18 U.S.C. 3056 note) isamended by inserting ``The
electronic crimes task forces shall not be subject to the Federal
Advisory Committee Act (5 U.S.C. App. 2).'' after ``financial payment
systems.''.
TITLE VII--COMBAT METHAMPHETAMINE EPIDEMIC ACT OF 2005
SEC. 701. SHORT TITLE.
This title may be cited as the ``Combat Methamphetamine
Epidemic Act of 2005''.
Subtitle A--Domestic Regulation of Precursor Chemicals
SEC. 711. SCHEDULED LISTED CHEMICAL PRODUCTS; RESTRICTIONS ON SALES
QUANTITY, BEHIND-THE-COUNTER ACCESS, AND OTHER
SAFEGUARDS.
(a) Scheduled Listed Chemical Products.--
(1) In general.--Section 102 of the Controlled
Substances Act (21 U.S.C. 802) is amended--
(A) by redesignating paragraph (46) as
paragraph (49); and
(B) by inserting after paragraph (44) the
following paragraphs:
``(45)(A) The term `scheduled listed chemical product'
means, subject to subparagraph (B), a product that--
``(i) contains ephedrine, pseudoephedrine, or
phenylpropanolamine; and
``(ii) may be marketed or distributed lawfully in
the United States under the Federal, Food, Drug, and
Cosmetic Act as a nonprescription drug.
Each reference in clause (i) to ephedrine, pseudoephedrine, or
phenylpropanolamine includes each of the salts, optical
isomers, and salts of optical isomers of such chemical.
``(B) Such term does not include a product described in
subparagraph (A) if the product contains a chemical specified
in such subparagraph that the Attorney General has under
section 201(a) added to any of the schedules under section
202(c). In the absence of such scheduling by the Attorney
General, a chemical specified in such subparagraph may not be
considered to be a controlled substance.
``(46) The term `regulated seller' means a retail
distributor (including a pharmacy or a mobile retail vendor),
except that such term does not include an employee or agent of
such distributor.
``(47) The term `mobile retail vendor' means a person or
entity that makes sales at retail from a stand that is intended
to be temporary, or is capable of being moved from one location
to another, whether the stand is located within or on the
premises of a fixed facility (such as a kiosk at a shopping
center or an airport) or whether the stand is located on
unimproved real estate (such as a lot or field leased for
retail purposes).
``(48) The term `at retail', with respect to the sale or
purchase of a scheduled listed chemical product, means a sale
or purchase for personal use, respectively.''.
(2) Conforming amendments.--The Controlled
Substances Act (21 U.S.C. 801 et seq.) is amended--
(A) in section 102, in paragraph (49) (as
redesignated by paragraph (1)(A) of this
subsection)--
(i) in subparagraph (A), by
striking ``pseudoephedrine or'' and
inserting ``ephedrine, pseudoephedrine,
or''; and
(ii) by striking subparagraph (B)
and redesignating subparagraph (C) as
subparagraph (B); and
(B) in section 310(b)(3)(D)(ii), by
striking ``102(46)'' and inserting ``102(49)''.
(b) Restrictions on Sales Quantity; Behind-the-Counter
Access; Logbook Requirement; Training of Sales Personnel;
Privacy Protections.--
(1) In general.--Section 310 of the Controlled
Substances Act (21 U.S.C. 830) is amended by adding at
the end the following subsections:
``(d) Scheduled Listed Chemicals; Restrictions on Sales
Quantity; Requirements Regarding Nonliquid Forms.--With respect
to ephedrine base, pseudoephedrine base, or phenylpropanolamine
base in a scheduled listed chemical product--
``(1) the quantity of such base sold at retail in
such a product by a regulated seller, or a distributor
required to submit reports by subsection (b)(3) may
not, for any purchaser, exceed a daily amount of 3.6
grams, without regard to the number of transactions;
and
``(2) such a seller or distributor may not sell
such a product in nonliquid form (including gel caps)
at retail unless the product is packaged in blister
packs, each blister containing not more than 2 dosage
units, or where the use of blister packs is technically
infeasible, the product is packaged in unit dose
packets or pouches.
``(e) Scheduled Listed Chemicals; Behind-the-Counter
Access; Logbook Requirement; Training of Sales Personnel;
Privacy Protections.--
``(1) Requirements regarding retail transactions.--
``(A) In general.--Each regulated seller
shall ensure that, subject to subparagraph (F),
sales by such seller of a scheduled listed
chemical product at retail are made in
accordance with the following:
``(i) In offering the product for
sale, the seller places the product
such that customers do not have direct
access to the product before the sale
is made (in this paragraph referred to
as `behind-the-counter' placement). For
purposes of this paragraph, a behind-
the-counter placement of a product
includes circumstances in which the
product is stored in a locked cabinet
that is located in an area of the
facility involved to which customers do
have direct access.
``(ii) The seller delivers the
product directly into the custody of
the purchaser.
``(iii) The seller maintains, in
accordance with criteria issued by the
Attorney General, a written or
electronic list of such sales that
identifies the products by name, the
quantity sold, the names and addresses
of purchasers, and the dates and times
of the sales (which list is referred to
in this subsection as the `logbook'),
except that such requirement does not
apply to any purchase by an individual
of a single sales package if that
package contains not more than 60
milligrams of pseudoephedrine.
``(iv) In the case of a sale to
which the requirement of clause (iii)
applies, the seller does not sell such
a product unless--
``(I) the prospective
purchaser--
``(aa) presents an
identification card
that provides a
photograph and is
issued by a State or
the Federal Government,
or a document that,
with respect to
identification, is
considered acceptable
for purposes of
sections
274a.2(b)(1)(v)(A) and
274a.2(b)(1)(v)(B) of
title 8, Code of
Federal Regulations (as
in effect on or after
the date of the
enactment of the Combat
Methamphetamine
Epidemic Act of 2005);
and
``(bb) signs the
logbook and enters in
the logbook his or her
name, address, and the
date and time of the
sale; and
``(II) the seller--
``(aa) determines
that the name entered
in the logbook
corresponds to the name
provided on such
identification and that
the date and time
entered are correct;
and
``(bb) enters in
the logbook the name of
the product and the
quantity sold.
``(v) The logbook includes, in
accordance with criteria of the
Attorney General, a notice to
purchasers that entering false
statements or misrepresentations in the
logbook may subject the purchasers to
criminal penalties under section 1001
of title 18, United States Code, which
notice specifies the maximum fine and
term of imprisonment under such
section.
``(vi) The seller maintains each
entry in the logbook for not fewer than
two years after the date on which the
entry is made.
``(vii) In the case of individuals
who are responsible for delivering such
products into the custody of purchasers
or who deal directly with purchasers by
obtaining payments for the products,
the seller has submitted to the
Attorney General a self-certification
that all such individuals have, in
accordance with criteria under
subparagraph (B)(ii), undergone
training provided by the seller to
ensure that the individuals understand
the requirements that apply under this
subsection and subsection (d).
``(viii) The seller maintains a
copy of such certification and records
demonstrating that individuals referred
to in clause (vii) have undergone the
training.
``(ix) If the seller is a mobile
retail vendor:
``(I) The seller complies
with clause (i) by placing the
product in a locked cabinet.
``(II) The seller does not
sell more than 7.5 grams of
ephedrine base, pseudoephedrine
base, or phenylpropanolamine
base in such products per
customer during a 30-day
period.
``(B) Additional provisions regarding
certifications and training.--
``(i) In general.--A regulated
seller may not sell any scheduled
listed chemical product at retail
unless the seller has submitted to the
Attorney General the self-certification
referred to in subparagraph (A)(vii).
The certification is not effective for
purposes of the preceding sentence
unless, in addition to provisions
regarding the training of individuals
referred to in such subparagraph, the
certification includes a statement that
the seller understands each of the
requirements that apply under this
paragraph and under subsection (d) and
agrees to comply with the requirements.
``(ii) Issuance of criteria; self-
certification.--The Attorney General
shall by regulation establish criteria
for certifications under this
paragraph. The criteria shall--
``(I) provide that the
certifications are self-
certifications provided through
the program under clause (iii);
``(II) provide that a
separate certification is
required for each place of
business at which a regulated
seller sells scheduled listed
chemical products at retail;
and
``(III) include criteria
for training under subparagraph
(A)(vii).
``(iii) Program for regulated
sellers.--The Attorney General shall
establish a program regarding such
certifications and training in
accordance with the following:
``(I) The program shall be
carried out through an Internet
site of the Department of
Justice and such other means as
the Attorney General determines
to be appropriate.
``(II) The program shall
inform regulated sellers that
section 1001 of title 18,
United States Code, applies to
such certifications.
``(III) The program shall
make available to such sellers
an explanation of the criteria
under clause (ii).
``(IV) The program shall be
designed to permit the
submission of the
certifications through such
Internet site.
``(V) The program shall be
designed to automatically
provide the explanation
referred to in subclause (III),
and an acknowledgement that the
Department has received a
certification, without
requiring direct interactions
of regulated sellers with staff
of the Department (other than
the provision of technical
assistance, as appropriate).
``(iv) Availability of
certification to state and local
officials.--Promptly after receiving a
certification under subparagraph
(A)(vii), the Attorney General shall
make available a copy of the
certification to the appropriate State
and local officials.
``(C) Privacy protections.--In order to
protect the privacy of individuals who purchase
scheduled listed chemical products, the
Attorney General shall by regulation establish
restrictions on disclosure of information in
logbooks under subparagraph (A)(iii). Such
regulations shall--
``(i) provide for the disclosure of
the information as appropriate to the
Attorney General and to State and local
law enforcement agencies; and
``(ii) prohibit accessing, using,
or sharing information in the logbooks
for any purpose other than to ensure
compliance with this title or to
facilitate a product recall to protect
public health and safety.
``(D) False statements or
misrepresentations by purchasers.--For purposes
of section 1001 of title 18, United States
Code, entering information in the logbook
undersubparagraph (A)(iii) shall be considered a matter within the
jurisdiction of the executive, legislative, or judicial branch of the
Government of the United States.
``(E) Good faith protection.--A regulated
seller who in good faith releases information
in a logbook under subparagraph (A)(iii) to
Federal, State, or local law enforcement
authorities is immune from civil liability for
such release unless the release constitutes
gross negligence or intentional, wanton, or
willful misconduct.
``(F) Inapplicability of requirements to
certain sales.--Subparagraph (A) does not apply
to the sale at retail of a scheduled listed
chemical product if a report on the sales
transaction is required to be submitted to the
Attorney General under subsection (b)(3).
``(G) Certain measures regarding theft and
diversion.--A regulated seller may take
reasonable measures to guard against employing
individuals who may present a risk with respect
to the theft and diversion of scheduled listed
chemical products, which may include,
notwithstanding State law, asking applicants
for employment whether they have been convicted
of any crime involving or related to such
products or controlled substances.''.
(2) Effective dates.--With respect to subsections
(d) and (e)(1) of section 310 of the Controlled
Substances Act, as added by paragraph (1) of this
subsection:
(A) Such subsection (d) applies on and
after the expiration of the 30-day period
beginning on the date of the enactment of this
Act.
(B) Such subsection (e)(1) applies on and
after September 30, 2006.
(c) Mail-Order Reporting.--
(1) In general.--Section 310(e) of the Controlled
Substances Act, as added by subsection (b)(1) of this
section, is amended by adding at the end the following:
``(2) Mail-order reporting; verification of
identity of purchaser; 30-day restriction on quantities
for individual purchasers.--Each regulated person who
makes a sale at retail of a scheduled listed chemical
product and is required under subsection (b)(3) to
submit a report of the sales transaction to the
Attorney General is subject to the following:
``(A) The person shall, prior to shipping
the product, confirm the identity of the
purchaser in accordance with procedures
established by the Attorney General. The
Attorney General shall by regulation establish
such procedures.
``(B) The person may not sell more than 7.5
grams of ephedrine base, pseudoephedrine base,
or phenylpropanolamine base in such products
per customer during a 30-day period.''.
(2) Inapplicability of reporting exemption for
retail distributors.--Section 310(b)(3)(D)(ii) of the
Controlled Substances Act (21 U.S.C. 830(b)(3)(D)(ii))
is amended by inserting before the period the
following: ``, except that this clause does not apply
to sales of scheduled listed chemical products at
retail''.
(3) Effective date.--The amendments made by
paragraphs (1) and (2) apply on and after the
expiration of the 30-day period beginning on the date
of the enactment of this Act.
(d) Exemptions for Certain Products.--Section 310(e) of the
Controlled Substances Act, as added and amended by subsections
(b) and (c) of this section, respectively, is amended by adding
at the end the following paragraph:
``(3) Exemptions for certain products.--Upon the
application of a manufacturer of a scheduled listed
chemical product, the Attorney General may by
regulation provide that the product is exempt from the
provisions of subsection (d) and paragraphs (1) and (2)
of this subsection if the Attorney General determines
that the product cannot be used in the illicit
manufacture of methamphetamine.''.
(e) Restrictions on Quantity Purchased During 30-Day
Period.--
(1) In general.--Section 404(a) of the Controlled
Substances Act (21 U.S.C. 844(a)) is amended by
inserting after the second sentence the following: ``It
shall be unlawful for any person to knowingly or
intentionally purchase at retail during a 30 day period
more than 9 grams of ephedrine base, pseudoephedrine
base, or phenylpropanolamine base in a scheduled listed
chemical product, except that, of such 9 grams, not
more than 7.5 grams may be imported by means of
shipping through any private or commercial carrier or
the Postal Service.''.
(2) Effective date.--The amendment made by
paragraph (1) applies on and after the expiration of
the 30-day period beginning on the date of the
enactment of this Act.
(f) Enforcement of Requirements for Retail Sales.--
(1) Civil and criminal penalties.--
(A) In general.--Section 402(a) of the
Controlled Substances Act (21 U.S.C. 842(a)) is
amended--
(i) in paragraph (10), by striking
``or'' after the semicolon;
(ii) in paragraph (11), by striking
the period at the end and inserting a
semicolon; and
(iii) by inserting after paragraph
(11) the following paragraphs:
``(12) who is a regulated seller, or a distributor
required to submit reports under subsection (b)(3) of
section 310--
``(A) to sell at retail a scheduled listed
chemical product in violation of paragraph (1)
of subsection (d) of such section, knowing at
the time of the transaction involved
(independent of consulting the logbook under
subsection (e)(1)(A)(iii) of such section) that
the transaction is a violation; or
``(B) to knowingly or recklessly sell at
retail such a product in violation of paragraph
(2) of such subsection (d);
``(13) who is a regulated seller to knowingly or
recklessly sell at retail a scheduled listed chemical
product in violation of subsection (e) of such section;
or
``(14) who is a regulated seller or an employee or
agent of such seller to disclose, in violation of
regulations under subparagraph (C) of section
310(e)(1), information in logbooks under subparagraph
(A)(iii) of such section, or to refuse to provide such
a logbook to Federal, State, or local law enforcement
authorities.''.
(B) Conforming amendment.--Section
401(f)(1) of the Controlled Substances Act (21
U.S.C. 841(f)(1)) is amended by inserting after
``shall'' the following: ``, except to the
extent that paragraph (12), (13), or (14) of
section 402(a) applies,''.
(2) Authority to prohibit sales by violators.--
Section 402(c) of the Controlled Substances Act (21
U.S.C. 842(c)) is amended by adding at the end the
following paragraph:
``(4)(A) If a regulated seller, or a distributor required
to submit reports under section 310(b)(3), violates paragraph
(12) of subsection (a) of this section, or if a regulated
seller violates paragraph (13) of such subsection, the Attorney
General may by order prohibit such seller or distributor (as
the case may be) from selling any scheduled listed chemical
product. Any sale of such a product in violation of such an
order is subject to the same penalties as apply under paragraph
(2).
``(B) An order under subparagraph (A) may be imposed only
through the same procedures as apply under section 304(c) for
an order to show cause.''.
(g) Preservation of State Authority to Regulate Scheduled
Listed Chemicals.--This section and the amendments made by this
section may not be construed as having any legal effect on
section 708 of the Controlled Substances Act as applied to the
regulation of scheduled listed chemicals (as defined in section
102(45) of such Act).
SEC. 712. REGULATED TRANSACTIONS.
(a) Conforming Amendments Regarding Scheduled Listed
Chemicals.--The Controlled Substances Act (21 U.S.C. 801 et
seq.) is amended--
(1) in section 102--
(A) in paragraph (39)(A)--
(i) by amending clause (iv) to read
as follows:
``(iv) any transaction in a listed chemical
that is contained in a drug that may be
marketed or distributed lawfully in the United
States under the Federal Food, Drug, and
Cosmetic Act, subject to clause (v), unless--
``(I) the Attorney General has
determined under section 204 that the
drug or group of drugs is being
diverted to obtain the listed chemical
for use in the illicit production of a
controlled substance; and
``(II) the quantity of the listed
chemical contained in the drug included
in the transaction or multiple
transactions equals or exceeds the
threshold established for that chemical
by the Attorney General;'';
(ii) by redesignating clause (v) as
clause (vi); and
(iii) by inserting after clause
(iv) the following clause:
``(v) any transaction in a scheduled listed
chemical product that is a sale at retail by a
regulated seller or a distributor required to
submit reports under section 310(b)(3); or'';
and
(B) by striking the paragraph (45) that
relates to the term ``ordinary over-the-counter
pseudoephedrine or phenylpropanolamine
product'';
(2) in section 204, by striking subsection (e); and
(3) in section 303(h), in the second sentence, by
striking ``section 102(39)(A)(iv)'' and inserting
``clause (iv) or (v) of section 102(39)(A)''.
(b) Public Law 104-237.--Section 401 of the Comprehensive
Methamphetamine Control Act of 1996 (21 U.S.C. 802 note)
(Public Law 104-237) is amended by striking subsections (d),
(e), and (f).
SEC. 713. AUTHORITY TO ESTABLISH PRODUCTION QUOTAS.
Section 306 of the Controlled Substances Act (21 U.S.C.
826) is amended--
(1) in subsection (a), by inserting ``and for
ephedrine, pseudoephedrine, and phenylpropanolamine''
after ``for each basic class of controlled substance in
schedules I and II'';
(2) in subsection (b), by inserting ``or for
ephedrine, pseudoephedrine, or phenylpropanolamine''
after ``for each basic class of controlled substance in
schedule I or II'';
(3) in subsection (c), in the first sentence, by
inserting ``and for ephedrine, pseudoephedrine, and
phenylpropanolamine'' after ``for the basic classes of
controlled substances in schedules I and II'';
(4) in subsection (d), by inserting ``or ephedrine,
pseudoephedrine, or phenylpropanolamine'' after ``that
basic class of controlled substance'';
(5) in subsection (e), by inserting ``or for
ephedrine, pseudoephedrine, or phenylpropanolamine''
after ``for a basic class of controlled substance in
schedule I or II'';
(6) in subsection (f)--
(A) by inserting ``or ephedrine,
pseudoephedrine, or phenylpropanolamine'' after
``controlled substances in schedules I and
II'';
(B) by inserting ``or of ephedrine,
pseudoephedrine, or phenylpropanolamine'' after
``the manufacture of a controlled substance'';
and
(C) by inserting ``or chemicals'' after
``such incidentally produced substances''; and
(7) by adding at the end the following subsection:
``(g) Each reference in this section to ephedrine,
pseudoephedrine, or phenylpropanolamine includes each of the
salts, optical isomers, and salts of optical isomers of such
chemical.''.
SEC. 714. PENALTIES; AUTHORITY FOR MANUFACTURING; QUOTA.
Section 402(b) of the Controlled Substances Act (21 U.S.C.
842(b)) is amended by inserting after ``manufacture a
controlled substance in schedule I or II'' the following: ``,
or ephedrine, pseudoephedrine, or phenylpropanolamine or any of
the salts, optical isomers, or salts of optical isomers of such
chemical,''
SEC. 715. RESTRICTIONS ON IMPORTATION; AUTHORITY TO PERMIT IMPORTS FOR
MEDICAL, SCIENTIFIC, OR OTHER LEGITIMATE PURPOSES.
Section 1002 of the Controlled Substances Import and Export
Act (21 U.S.C. 952) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1),
by inserting ``or ephedrine, pseudoephedrine,
or phenylpropanolamine,'' after ``schedule III,
IV, or V of title II,''; and
(B) in paragraph (1), by inserting ``, and
of ephedrine, pseudoephedrine, and
phenylpropanolamine, '' after ``coca leaves'';
and
(2) by adding at the end the following subsections:
``(d)(1) With respect to a registrant under section 1008
who is authorized under subsection (a)(1) to import ephedrine,
pseudoephedrine, or phenylpropanolamine, at any time during the
year the registrant may apply for an increase in the amount of
such chemical that the registrant is authorized to import, and
the Attorney General may approve the application if the
Attorney General determines that the approval is necessary to
provide for medical, scientific, or other legitimate purposes
regarding the chemical.
``(2) With respect to the application under paragraph (1):
``(A) Not later than 60 days after receiving the
application, the Attorney General shall approve or deny
the application.
``(B) In approving the application, the Attorney
General shall specify the period of time for which the
approval is in effect, or shall provide that the
approval is effective until the registrant involved is
notified in writing by the Attorney General that the
approval is terminated.
``(C) If the Attorney General does not approve or
deny the application before the expiration of the 60-
day period under subparagraph (A), the application is
deemed to be approved, and such approval remains in
effect until the Attorney General notifies the
registrant in writing that the approval is terminated.
``(e) Each reference in this section to ephedrine,
pseudoephedrine, or phenylpropanolamine includes each of the
salts, optical isomers, and salts of optical isomers of such
chemical.''.
SEC. 716. NOTICE OF IMPORTATION OR EXPORTATION; APPROVAL OF SALE OR
TRANSFER BY IMPORTER OR EXPORTER.
(a) In General.--Section 1018 of the Controlled Substances
Import and Export Act (21 U.S.C. 971) is amended--
(1) in subsection (b)(1), in the first sentence, by
striking ``or to an importation by a regular importer''
and inserting ``or to a transaction that is an
importation by a regular importer'';
(2) by redesignating subsections (d) and (e) as
subsections (e) and (f), respectively;
(3) by inserting after subsection (c) the following
subsection:
``(d)(1)(A) Information provided in a notice under
subsection (a) or (b) shall include the name of the personto
whom the importer or exporter involved intends to transfer the listed
chemical involved, and the quantity of such chemical to be transferred.
``(B) In the case of a notice under subsection (b)
submitted by a regular importer, if the transferee identified
in the notice is not a regular customer, such importer may not
transfer the listed chemical until after the expiration of the
15-day period beginning on the date on which the notice is
submitted to the Attorney General.
``(C) After a notice under subsection (a) or (b) is
submitted to the Attorney General, if circumstances change and
the importer or exporter will not be transferring the listed
chemical to the transferee identified in the notice, or will be
transferring a greater quantity of the chemical than specified
in the notice, the importer or exporter shall update the notice
to identify the most recent prospective transferee or the most
recent quantity or both (as the case may be) and may not
transfer the listed chemical until after the expiration of the
15-day period beginning on the date on which the update is
submitted to the Attorney General, except that such 15-day
restriction does not apply if the prospective transferee
identified in the update is a regular customer. The preceding
sentence applies with respect to changing circumstances
regarding a transferee or quantity identified in an update to
the same extent and in the same manner as such sentence applies
with respect to changing circumstances regarding a transferee
or quantity identified in the original notice under subsection
(a) or (b).
``(D) In the case of a transfer of a listed chemical that
is subject to a 15-day restriction under subparagraph (B) or
(C), the transferee involved shall, upon the expiration of the
15-day period, be considered to qualify as a regular customer,
unless the Attorney General otherwise notifies the importer or
exporter involved in writing.
``(2) With respect to a transfer of a listed chemical with
which a notice or update referred to in paragraph (1) is
concerned:
``(A) The Attorney General, in accordance with the
same procedures as apply under subsection (c)(2)--
``(i) may order the suspension of the
transfer of the listed chemical by the importer
or exporter involved, except for a transfer to
a regular customer, on the ground that the
chemical may be diverted to the clandestine
manufacture of a controlled substance (without
regard to the form of the chemical that may be
diverted, including the diversion of a finished
drug product to be manufactured from bulk
chemicals to be transferred), subject to the
Attorney General ordering such suspension
before the expiration of the 15-day period
referred to in paragraph (1) with respect to
the importation or exportation (in any case in
which such a period applies); and
``(ii) may, for purposes of clause (i) and
paragraph (1), disqualify a regular customer on
such ground.
``(B) From and after the time when the Attorney
General provides written notice of the order under
subparagraph (A) (including a statement of the legal
and factual basis for the order) to the importer or
exporter, the importer or exporter may not carry out
the transfer.
``(3) For purposes of this subsection:
``(A) The terms `importer' and `exporter' mean a
regulated person who imports or exports a listed
chemical, respectively.
``(B) The term `transfer', with respect to a listed
chemical, includes the sale of the chemical.
``(C) The term `transferee' means a person to whom
an importer or exporter transfers a listed chemical.'';
and
(4) by adding at the end the following subsection:
``(g) Within 30 days after a transaction covered by this
section is completed, the importer or exporter shall send the
Attorney General a return declaration containing particulars of
the transaction, including the date, quantity, chemical,
container, name of transferees, and such other information as
the Attorney General may specify in regulations. For importers,
a single return declaration may include the particulars of both
the importation and distribution. If the importer has not
distributed all chemicals imported by the end of the initial
30-day period, the importer shall file supplemental return
declarations no later than 30 days from the date of any further
distribution, until the distribution or other disposition of
all chemicals imported pursuant to the import notification or
any update are accounted for.''.
(b) Conforming Amendments.--
(1) Controlled substances import and export act.--
The Controlled Substances Import and Export Act (21
U.S.C. 951 et seq.) is amended--
(A) in section 1010(d)(5), by striking
``section 1018(e)(2) or (3)'' and inserting
``paragraph (2) or (3) of section 1018(f)'';
and
(B) in section 1018(c)(1), in the first
sentence, by inserting before the period the
following: ``(without regard to the form of the
chemical that may be diverted, including the
diversion of a finished drug product to be
manufactured from bulk chemicals to be
transferred)''.
(2) Controlled substances act.--Section
310(b)(3)(D)(v) of the Controlled Substances Act (21
U.S.C. 830(b)(3)(D)(v)) is amended by striking
``section 1018(e)(2)'' and inserting ``section
1018(f)(2)''.
SEC. 717. ENFORCEMENT OF RESTRICTIONS ON IMPORTATION AND OF REQUIREMENT
OF NOTICE OF TRANSFER.
Section 1010(d)(6) of the Controlled Substances Import and
Export Act (21 U.S.C. 960(d)(6)) is amended to read as follows:
``(6) imports a listed chemical in violation of
section 1002, imports or exports such a chemical in
violation of section 1007 or 1018, or transfers such a
chemical in violation of section 1018(d); or''.
SEC. 718. COORDINATION WITH UNITED STATES TRADE REPRESENTATIVE.
In implementing sections 713 through 717 and section 721 of
this title, the Attorney General shall consult with the United
States Trade Representative to ensure implementation complies
with all applicable international treaties and obligations of
the United States.
Subtitle B--International Regulation of Precursor Chemicals
SEC. 721. INFORMATION ON FOREIGN CHAIN OF DISTRIBUTION; IMPORT
RESTRICTIONS REGARDING FAILURE OF DISTRIBUTORS TO
COOPERATE.
Section 1018 of the Controlled Substances Import and Export
Act (21 U.S.C. 971), as amended by section 716(a)(4) of this
title, is further amended by adding at the end the following
subsection:
``(h)(1) With respect to a regulated person importing
ephedrine, pseudoephedrine, or phenylpropanolamine (referred to
in this section as an `importer'), a notice of importation
under subsection (a) or (b) shall include all information known
to the importer on the chain of distribution of such chemical
from the manufacturer to the importer.
``(2) For the purpose of preventing or responding to the
diversion of ephedrine, pseudoephedrine, or phenylpropanolamine
for use in the illicit production of methamphetamine, the
Attorney General may, in the case of any person who is a
manufacturer or distributor of such chemical in the chain of
distribution referred to in paragraph (1) (which person is
referred to in this subsection as a `foreign-chain
distributor'), request that such distributor provide to the
Attorney General information known to the distributor on the
distribution of the chemical, including sales.
``(3) If the Attorney General determines that a foreign-
chain distributor is refusing to cooperate with the Attorney
General in obtaining the information referred to in paragraph
(2), the Attorney General may, in accordance with procedures
that apply under subsection (c), issue an order prohibiting the
importation of ephedrine, pseudoephedrine, or
phenylpropanolamine in any case in which such distributor is
part of the chain of distribution for such chemical. Not later
than 60 days prior to issuing the order, the Attorney General
shall publish in the Federal Register a notice of intent to
issue the order. During such 60-day period, imports of the
chemical with respect to such distributor may not be restricted
under this paragraph.''.
SEC. 722. REQUIREMENTS RELATING TO THE LARGEST EXPORTING AND IMPORTING
COUNTRIES OF CERTAIN PRECURSOR CHEMICALS.
(a) Reporting Requirements.--Section 489(a) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2291h(a)) is amended by
adding at the end the following new paragraph:
``(8)(A) A separate section that contains the
following:
``(i) An identification of the five
countries that exported the largest amount of
pseudoephedrine, ephedrine, and
phenylpropanolamine (including the salts,
optical isomers, or salts of optical isomers of
such chemicals, and also including any products
or substances containing such chemicals) during
the preceding calendar year.
``(ii) An identification of the five
countries that imported the largest amount of
the chemicals described in clause (i) during
the preceding calendar year and have the
highest rate of diversion of such chemicals for
use in the illicit production of
methamphetamine (either in that country or in
another country).
``(iii) An economic analysis of the total
worldwide production of the chemicals described
in clause (i) as compared to the legitimate
demand for such chemicals worldwide.
``(B) The identification of countries that imported
the largest amount of chemicals under subparagraph
(A)(ii) shall be based on the following:
``(i) An economic analysis that estimates
the legitimate demand for such chemicals in
such countries as compared to the actual or
estimated amount of such chemicals that is
imported into such countries.
``(ii) The best available data and other
information regarding the production of
methamphetamine in such countries and the
diversion of such chemicals for use in the
production of methamphetamine.''.
(b) Annual Certification Procedures.--Section 490(a) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2291j(a)) is
amended--
(1) in paragraph (1), by striking ``major illicit
drug producing country or major drug-transit country''
and inserting ``major illicit drug producing country,
major drug-transit country, or country identified
pursuant to clause (i) or (ii) of section 489(a)(8)(A)
of this Act''; and
(2) in paragraph (2), by inserting after ``(as
determined under subsection (h))'' the following: ``or
country identified pursuant to clause (i) or (ii) of
section 489(a)(8)(A) of this Act''.
(c) Conforming Amendment.--Section 706 of the Foreign
Relations Authorization Act, Fiscal Year 2003 (22 U.S.C. 2291j-
1) is amended in paragraph (5) by adding at the end the
following:
``(C) Nothing in this section shall affect the
requirements of section 490 of the Foreign Assistance
Act of 1961 (22 U.S.C. 2291j) with respect to countries
identified pursuant to section clause (i) or (ii) of
489(a)(8)(A) of the Foreign Assistance Act of 1961.''.
(d) Plan To Address Diversion of Precursor Chemicals.--In
the case of each country identified pursuant to clause (i) or
(ii) of section 489(a)(8)(A) of the Foreign Assistance Act of
1961 (as added by subsection (a)) with respect to which the
President has not transmitted to Congress a certification under
section 490(b) of such Act (22 U.S.C. 2291j(b)), the Secretary
of State, in consultation with the Attorney General, shall, not
later than 180 days after the date on which the President
transmits the report required by section 489(a) of such Act (22
U.S.C. 2291h(a)), submit to Congress a comprehensive plan to
address the diversion of the chemicals described in section
489(a)(8)(A)(i) of such Act to the illicit production of
methamphetamine in such country or in another country,
including the establishment, expansion, and enhancement of
regulatory, law enforcement, and other investigative efforts to
prevent such diversion.
(e) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary of State to carry out this
section $1,000,000 for each of the fiscal years 2006 and 2007.
SEC. 723. PREVENTION OF SMUGGLING OF METHAMPHETAMINE INTO THE UNITED
STATES FROM MEXICO.
(a) In General.--The Secretary of State, acting through the
Assistant Secretary of the Bureau for International Narcotics
and Law Enforcement Affairs, shall take such actions as are
necessary to prevent the smuggling of methamphetamine into the
United States from Mexico.
(b) Specific Actions.--In carrying out subsection (a), the
Secretary shall--
(1) improve bilateral efforts at the United States-
Mexico border to prevent the smuggling of
methamphetamine into the United States from Mexico;
(2) seek to work with Mexican law enforcement
authorities to improve the ability of such authorities
to combat the production and trafficking of
methamphetamine, including by providing equipment and
technical assistance, as appropriate; and
(3) encourage the Government of Mexico to take
immediate action to reduce the diversion of
pseudoephedrine by drug trafficking organizations for
the production and trafficking of methamphetamine.
(c) Report.--Not later than one year after the date of the
enactment of this Act, and annually thereafter, the Secretary
shall submit to the appropriate congressional committees a
report on the implementation of this section for the prior
year.
(d) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary to carry out this section
$4,000,000 for each of the fiscal years 2006 and 2007.
Subtitle C--Enhanced Criminal Penalties for Methamphetamine Production
and Trafficking
SEC. 731. SMUGGLING METHAMPHETAMINE OR METHAMPHETAMINE PRECURSOR
CHEMICALS INTO THE UNITED STATES WHILE USING
FACILITATED ENTRY PROGRAMS.
(a) Enhanced Prison Sentence.--The sentence of imprisonment
imposed on a person convicted of an offense under the
Controlled Substances Act (21 U.S.C. 801 et seq.) or the
Controlled Substances Import and Export Act (21 U.S.C. 951 et
seq.), involving methamphetamine or any listed chemical that is
defined in section 102(33) of the Controlled Substances Act (21
U.S.C. 802(33), shall, if the offense is committed under the
circumstance described in subsection (b), be increased by a
consecutive term of imprisonment of not more than 15 years.
(b) Circumstances.--For purposes of subsection (a), the
circumstance described in this subsection is that the offense
described in subsection (a) was committed by a person who--
(1) was enrolled in, or who was acting on behalf of
any person or entity enrolled in, any dedicated
commuter lane, alternative or accelerated inspection
system, or other facilitated entry program administered
or approved by the Federal Government for use in
entering the United States; and
(2) committed the offense while entering the United
States, using such lane, system, or program.
(c) Permanent Ineligibility.--Any person whose term of
imprisonment is increased under subsection (a) shall be
permanently and irrevocably barred from being eligible for or
using any lane, system, or program described in subsection
(b)(1).
SEC. 732. MANUFACTURING CONTROLLED SUBSTANCES ON FEDERAL PROPERTY.
Subsection (b) of section 401 of the Controlled Substances
Act (21 U.S.C. 841(b)) is amended in paragraph (5) by inserting
``or manufacturing'' after ``cultivating''.
SEC. 733. INCREASED PUNISHMENT FOR METHAMPHETAMINE KINGPINS.
Section 408 of the Controlled Substances Act (21 U.S.C.
848) is amended by adding at the end the following:
``(s) Special Provision for Methamphetamine.--For the
purposes of subsection (b), in the case of continuing criminal
enterprise involving methamphetamine or its salts, isomers, or
salts of isomers, paragraph (2)(A) shall be applied by
substituting `200' for `300', and paragraph (2)(B) shall be
applied by substituting `$5,000,000' for `$10 million dollars'.
''.
SEC. 734. NEW CHILD-PROTECTION CRIMINAL ENHANCEMENT.
(a) In General.--The Controlled Substances Act is amended
by inserting after section 419 (21 U.S.C. 860) the following:
``CONSECUTIVE SENTENCE FOR MANUFACTURING OR DISTRIBUTING, OR POSSESSING
WITH INTENT TO MANUFACTURE OR DISTRIBUTE, METHAMPHETAMINE ON PREMISES
WHERE CHILDREN ARE PRESENT OR RESIDE
``Sec. 419a. Whoever violates section 401(a)(1) by
manufacturing or distributing, or possessing with intent to
manufacture or distribute, methamphetamine or its salts,
isomers or salts of isomers on premises in which an individual
who is under the age of 18 years is present or resides, shall,
in addition to any other sentence imposed, be imprisoned for a
period of any term of years but not more than 20 years, subject
to a fine, or both. ''.
(b) Clerical Amendment.--The table of contents of the
Comprehensive Drug Abuse Prevention and Control Act of 1970 is
amended by inserting after the item relating to section 419 the
following new item:
``Sec. 419a. Consecutive sentence for manufacturing or distributing, or
possessing with intent to manufacture or distribute,
methamphetamine on premises where children are present or
reside.''.
SEC. 735. AMENDMENTS TO CERTAIN SENTENCING COURT REPORTING
REQUIREMENTS.
Section 994(w) of title 28, United States Code, is
amended--
(1) in paragraph (1)--
(A) by inserting ``, in a format approved
and required by the Commission,'' after
``submits to the Commission'';
(B) in subparagraph (B)--
(i) by inserting ``written'' before
``statement of reasons''; and
(ii) by inserting ``and which shall
be stated on the written statement of
reasons form issued by the Judicial
Conference and approved by the United
States Sentencing Commission'' after
``applicable guideline range''; and
(C) by adding at the end the following:
``The information referred to in subparagraphs (A) through (F)
shall be submitted by the sentencing court in a format approved
and required by the Commission.''; and
(2) in paragraph (4), by striking ``may assemble or
maintain in electronic form that include any'' and
inserting ``itself may assemble or maintain in
electronic form as a result of the''.
SEC. 736. SEMIANNUAL REPORTS TO CONGRESS.
(a) In General.--The Attorney General shall, on a
semiannual basis, submit to the congressional committees and
organizations specified in subsection (b) reports that--
(1) describe the allocation of the resources of the
Drug Enforcement Administration and the Federal Bureau
of Investigation for the investigation and prosecution
of alleged violations of the Controlled Substances Act
involving methamphetamine; and
(2) the measures being taken to give priority in
the allocation of such resources to such violations
involving--
(A) persons alleged to have imported into
the United States substantial quantities of
methamphetamine or scheduled listed chemicals
(as defined pursuant to the amendment made by
section 711(a)(1));
(B) persons alleged to have manufactured
methamphetamine; and
(C) circumstances in which the violations
have endangered children.
(b) Congressional Committees.--The congressional committees
and organizations referred to in subsection (a) are--
(1) in the House of Representatives, the Committee
on the Judiciary, the Committee on Energy and Commerce,
and the Committee on Government Reform; and
(2) in the Senate, the Committee on the Judiciary,
the Committee on Commerce, Science, and Transportation,
and the Caucus on International Narcotics Control.
Subtitle D--Enhanced Environmental Regulation of Methamphetamine
Byproducts
SEC. 741. BIENNIAL REPORT TO CONGRESS ON AGENCY DESIGNATIONS OF BY-
PRODUCTS OF METHAMPHETAMINE LABORATORIES AS
HAZARDOUS MATERIALS.
Section 5103 of title 49, Unites States Code, is amended by
adding at the end the following:
``(d) Biennial Report.--The Secretary of Transportation
shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Senate
Committee on Commerce, Science, and Transportation a biennial
report providing information on whether the Secretary has
designated as hazardous materials for purposes of chapter 51 of
such title all by-products of the methamphetamine-production
process that are known by the Secretary to pose an unreasonable
risk to health and safety or property when transported in
commerce in a particular amount and form.''.
SEC. 742. METHAMPHETAMINE PRODUCTION REPORT.
Section 3001 of the Solid Waste Disposal Act (42 U.S.C.
6921) is amended at the end by adding the following:
``(j) Methamphetamine Production.--Not later than every 24
months, the Administrator shall submit to the Committee on
Energy and Commerce of the House of Representatives and the
Committee on Environment and Public Works of the Senate a
report setting forth information collected by the Administrator
from law enforcement agencies, States, and other relevant
stakeholders that identifies the byproducts of the
methamphetamine production process and whether the
Administrator considers each of the byproducts to be a
hazardous waste pursuant to this section and relevant
regulations.''.
SEC. 743. CLEANUP COSTS.
(a) In General.--Section 413(q) of the Controlled
Substances Act (21 U.S.C. 853(q)) is amended--
(1) in the matter preceding paragraph (1), by
inserting ``, the possession, or the possession with
intent to distribute, '' after ``manufacture''; and
(2) in paragraph (2), by inserting ``, or on
premises or in property that the defendant owns,
resides, or does business in'' after ``by the
defendant''.
(b) Savings Clause.--Nothing in this section shall be
interpreted or construed to amend, alter, or otherwise affect
the obligations, liabilities and other responsibilities of any
person under any Federal or State environmental laws.
Subtitle E--Additional Programs and Activities
SEC. 751. IMPROVEMENTS TO DEPARTMENT OF JUSTICE DRUG COURT GRANT
PROGRAM.
Section 2951 of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3797u) is amended by adding at the end
the following new subsection:
``(c) Mandatory Drug Testing and Mandatory Sanctions.--
``(1) Mandatory testing.--Grant amounts under this
part may be used for a drug court only if the drug
court has mandatory periodic testing as described in
subsection (a)(3)(A). The Attorney General shall, by
prescribing guidelines or regulations, specify
standards for the timing and manner of complying with
such requirements. The standards--
``(A) shall ensure that--
``(i) each participant is tested
for every controlled substance that the
participant has been known to abuse,
and for any other controlled substance
the Attorney General or the court may
require; and
``(ii) the testing is accurate and
practicable; and
``(B) may require approval of the drug
testing regime to ensure that adequate testing
occurs.
``(2) Mandatory sanctions.--The Attorney General
shall, by prescribing guidelines or regulations,
specify that grant amounts under this part may be used
for a drug court only if the drug court imposes
graduated sanctions that increase punitive measures,
therapeutic measures, or both whenever a participant
fails a drug test. Such sanctions and measures may
include, but are not limited to, one or more of the
following:
``(A) Incarceration.
``(B) Detoxification treatment.
``(C) Residential treatment.
``(D) Increased time in program.
``(E) Termination from the program.
``(F) Increased drug screening
requirements.
``(G) Increased court appearances.
``(H) Increased counseling.
``(I) Increased supervision.
``(J) Electronic monitoring.
``(K) In-home restriction.
``(L) Community service.
``(M) Family counseling.
``(N) Anger management classes.''.
SEC. 752. DRUG COURTS FUNDING.
Section 1001(25)(A) of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 2591(25)(A)) is amended
by adding at the end the following:
``(v) $70,000,000 for fiscal year
2006.''.
SEC. 753. FEASIBILITY STUDY ON FEDERAL DRUG COURTS.
The Attorney General shall conduct a feasibility study on
the desirability of a drug court program for Federal offenders
who are addicted to controlled substances. The Attorney General
lower-level, non-violate report the results of that study to
Congress not later than June 30, 2006.
SEC. 754. GRANTS TO HOT SPOT AREAS TO REDUCE AVAILABILITY OF
METHAMPHETAMINE.
Title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3711 et seq.) is amended by adding at the
end the following:
``PART II--CONFRONTING USE OF METHAMPHETAMINE
``SEC. 2996. AUTHORITY TO MAKE GRANTS TO ADDRESS PUBLIC SAFETY AND
METHAMPHETAMINE MANUFACTURING, SALE, AND USE IN HOT
SPOTS.
``(a) Purpose and Program Authority.--
``(1) Purpose.--It is the purpose of this part to
assist States--
``(A) to carry out programs to address the
manufacture, sale, and use of methamphetamine
drugs; and
``(B) to improve the ability of State and
local government institutions of to carry out
such programs.
``(2) Grant authorization.--The Attorney General,
through the Bureau of Justice Assistance in the Office
of Justice Programs may make grants to States to
address the manufacture, sale, and use of
methamphetamine to enhance public safety.
``(3) Grant projects to address methamphetamine
manufacture sale and use.--Grants made under subsection
(a) may be used for programs, projects, and other
activities to--
``(A) investigate, arrest and prosecute
individuals violating laws related to the use,
manufacture, or sale of methamphetamine;
``(B) reimburse the Drug Enforcement
Administration for expenses related to the
cleanup 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 collaboration between the criminal justice,
child welfare, and State substance abuse systems in
order to carry out programs to address the use of
methamphetamine drugs by pregnant and parenting women
offenders.
(b) Definitions.--In this section, the following
definitions shall apply:
(1) Child welfare agency.--The term ``child welfare
agency'' means the State agency responsible for child
and/or family services and welfare.
(2) Criminal justice agency.--The term ``criminal
justice agency'' means an agency of the State or local
government or its contracted agency that is responsible
for detection, arrest, enforcement,prosecution,
defense, adjudication, incarceration, probation, or parole relating to
the violation of the criminal laws of that State or local government.
(c) Applications.--
(1) In general.--No grant may be awarded under this
section unless an application has been submitted to,
and approved by, the Attorney General.
(2) Application.--An application for a grant under
this section shall be submitted in such form, and
contain such information, as the Attorney General, may
prescribe by regulation or guidelines.
(3) Eligible entities.--The Attorney General shall
make grants to States, territories, and Indian Tribes.
Applicants must demonstrate extensive collaboration
with the State criminal justice agency and child
welfare agency in the planning and implementation of
the program.
(4) Contents.--In accordance with the regulations
or guidelines established by the Attorney General in
consultation with the Secretary of Health and Human
Services, each application for a grant under this
section shall contain a plan to expand the State's
services for pregnant and parenting women offenders who
are pregnant women and/or women with dependent children
for the use of methamphetamine or methamphetamine and
other drugs and include the following in the plan:
(A) A description of how the applicant will
work jointly with the State criminal justice
and child welfare agencies needs associated
with the use of methamphetamine or
methamphetamine and other drugs by pregnant and
parenting women offenders to promote family
stability and permanence.
(B) A description of the nature and the
extent of the problem of methamphetamine use by
pregnant and parenting women offenders.
(C) A certification that the State has
involved counties and other units of local
government, when appropriate, in the
development, expansion, modification, operation
or improvement of proposed programs to address
the use, manufacture, or sale of
methamphetamine.
(D) A certification that funds received
under this section will be used to supplement,
not supplant, other Federal, State, and local
funds.
(E) A description of clinically appropriate
practices and procedures to--
(i) screen and assess pregnant and
parenting women offenders for addiction
to methamphetamine and other drugs;
(ii) when clinically appropriate
for both the women and children,
provide family treatment for pregnant
and parenting women offenders, with
clinically appropriate services in the
same location to promote family
permanence and self sufficiency; and
(iii) provide for a process to
enhance or ensure the abilities of the
child welfare agency, criminal justice
agency and State substance agency to
work together to re-unite families when
appropriate in the case where family
treatment is not provided.
(d) Period of Grant.--The grant shall be a three-year
grant. Successful applicants may reapply for only one
additional three-year funding cycle and the Attorney General
may approve such applications.
(e) Performance Accountability; Reports and Evaluations.--
(1) Reports.--Successful applicants shall submit to
the Attorney General a report on the activities carried
out under the grant at the end of each fiscal year.
(2) Evaluations.--Not later than 12 months at the
end of the 3-year funding cycle under this section, the
Attorney General shall submit a report to the
appropriate committees of jurisdiction that summarizes
the results of the evaluations conducted by recipients
and recommendations for further legislative action.
(f) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section such sums as may
be necessary.
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 COMMITTEE 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 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 Securitysubmit 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 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 enforcementto 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 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 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 confusingrequirements 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 afine
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
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 ofactivities 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 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 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 pseudoephedrine, 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)(1)).
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 lawto 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 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 thedefendant'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.