Text: H.R.3199 — 109th Congress (2005-2006)All Information (Except Text)

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Public Law No: 109-177 (03/09/2006)

 
[109th Congress Public Law 177]
[From the U.S. Government Printing Office]


[DOCID: f:publ177.109]

[[Page 191]]

         USA PATRIOT IMPROVEMENT AND REAUTHORIZATION ACT OF 2005

[[Page 120 STAT. 192]]

Public Law 109-177
109th Congress

                                 An Act


 
  To extend and modify authorities needed to combat terrorism, and for 
         other purposes. <<NOTE: Mar. 9, 2006 -  [H.R. 3199]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: USA PATRIOT 
Improvement and Reauthorization Act of 2005.>> 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a)  <<NOTE: 18 USC 1801 note.>> Short Title.--This Act may be cited 
as the ``USA PATRIOT Improvement and Reauthorization Act of 2005''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.

        TITLE I--USA PATRIOT IMPROVEMENT AND REAUTHORIZATION ACT

Sec. 101. References to, and modification of short title for, USA 
           PATRIOT Act.
Sec. 102. USA PATRIOT Act sunset provisions.
Sec. 103. Extension of sunset relating to individual terrorists as 
           agents of foreign powers.
Sec. 104. Section 2332b and the material support sections of title 18, 
           United States Code.
Sec. 105. Duration of FISA surveillance of non-United States persons 
           under section 207 of the USA PATRIOT Act.
Sec. 106. Access to certain business records under section 215 of the 
           USA PATRIOT Act.
Sec. 106A. Audit on access to certain business records for foreign 
           intelligence purposes.
Sec. 107. Enhanced oversight of good-faith emergency disclosures under 
           section 212 of the USA PATRIOT Act.
Sec. 108. Multipoint electronic surveillance under section 206 of the 
           USA PATRIOT Act.
Sec. 109. Enhanced congressional oversight.
Sec. 110. Attacks against railroad carriers and mass transportation 
           systems.
Sec. 111. Forfeiture.
Sec. 112. Section 2332b(g)(5)(B) amendments relating to the definition 
           of Federal crime of terrorism.
Sec. 113. Amendments to section 2516(1) of title 18, United States Code.
Sec. 114. Delayed notice search warrants.
Sec. 115. Judicial review of national security letters.
Sec. 116. Confidentiality of national security letters.
Sec. 117. Violations of nondisclosure provisions of national security 
           letters.
Sec. 118. Reports on national security letters.
Sec. 119. Audit of use of national security letters.
Sec. 120. Definition for forfeiture provisions under section 806 of the 
           USA PATRIOT Act.
Sec. 121. Penal provisions regarding trafficking in contraband 
           cigarettes or smokeless tobacco.
Sec. 122. Prohibition of narco-terrorism.
Sec. 123. Interfering with the operation of an aircraft.
Sec. 124. Sense of Congress relating to lawful political activity.
Sec. 125. Removal of civil liability barriers that discourage the 
           donation of fire equipment to volunteer fire companies.
Sec. 126. Report on data-mining activities.
Sec. 127. Sense of Congress.
Sec. 128. USA PATRIOT Act section 214; authority for disclosure of 
           additional information in connection with orders for pen 
           register and trap and trace authority under FISA.

[[Page 120 STAT. 193]]

              TITLE II--TERRORIST DEATH PENALTY ENHANCEMENT

Sec. 201. Short title.

             Subtitle A--Terrorist penalties enhancement Act

Sec. 211. Death penalty procedures for certain air piracy cases 
           occurring before enactment of the Federal Death Penalty Act 
           of 1994.
Sec. 212. Postrelease supervision of terrorists.

              Subtitle B--Federal Death Penalty Procedures

Sec. 221. Elimination of procedures applicable only to certain 
           Controlled Substances Act cases.
Sec. 222. Counsel for financially unable defendants.

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

Sec. 301. Short title.
Sec. 302. Entry by false pretenses to any seaport.
Sec. 303. Criminal sanctions for failure to heave to, obstruction of 
           boarding, or providing false information.
Sec. 304. Criminal sanctions for violence against maritime navigation, 
           placement of destructive devices.
Sec. 305. Transportation of dangerous materials and terrorists.
Sec. 306. Destruction of, or interference with, vessels or maritime 
           facilities.
Sec. 307. Theft of interstate or foreign shipments or vessels.
Sec. 308. Stowaways on vessels or aircraft.
Sec. 309. Bribery affecting port security.
Sec. 310. Penalties for smuggling goods into the United States.
Sec. 311. Smuggling goods from the United States.

                 TITLE IV--COMBATING TERRORISM FINANCING

Sec. 401. Short title.
Sec. 402. Increased penalties for terrorism financing.
Sec. 403. Terrorism-related specified activities for money laundering.
Sec. 404. Assets of persons committing terrorist acts against foreign 
           countries or international organizations.
Sec. 405. Money laundering through hawalas.
Sec. 406. Technical and conforming amendments relating to the USA 
           PATRIOT Act.
Sec. 407. Cross reference correction.
Sec. 408. Amendment to amendatory language.
Sec. 409. Designation of additional money laundering predicate.
Sec. 410. Uniform procedures for criminal forfeiture.

                    TITLE V--MISCELLANEOUS PROVISIONS

Sec. 501. Residence of United States attorneys and assistant United 
           States attorneys.
Sec. 502. Interim appointment of United States Attorneys.
Sec. 503. Secretary of Homeland Security in Presidential line of 
           succession.
Sec. 504. Bureau of Alcohol, Tobacco and Firearms to the Department of 
           Justice.
Sec. 505. Qualifications of United States Marshals.
Sec. 506. Department of Justice intelligence matters.
Sec. 507. Review by Attorney General.

                        TITLE VI--SECRET SERVICE

Sec. 601. Short title.
Sec. 602. Interference with national special security events.
Sec. 603. False credentials to national special security events.
Sec. 604. Forensic and investigative support of missing and exploited 
           children cases.
Sec. 605. The Uniformed Division, United States Secret Service.
Sec. 606. Savings provisions.
Sec. 607. Maintenance as distinct entity.
Sec. 608. Exemptions from the Federal Advisory Committee Act.

         TITLE VII--COMBAT METHAMPHETAMINE EPIDEMIC ACT OF 2005

Sec. 701. Short title.

         Subtitle A--Domestic regulation of precursor chemicals

Sec. 711. Scheduled listed chemical products; restrictions on sales 
           quantity, behind-the-counter access, and other safeguards.

[[Page 120 STAT. 194]]

Sec. 712. Regulated transactions.
Sec. 713. Authority to establish production quotas.
Sec. 714. Penalties; authority for manufacturing; quota.
Sec. 715. Restrictions on importation; authority to permit imports for 
           medical, scientific, or other legitimate purposes.
Sec. 716. Notice of importation or exportation; approval of sale or 
           transfer by importer or exporter.
Sec. 717. Enforcement of restrictions on importation and of requirement 
           of notice of transfer.
Sec. 718. Coordination with United States Trade Representative.

       Subtitle B--International regulation of precursor chemicals

Sec. 721. Information on foreign chain of distribution; import 
           restrictions regarding failure of distributors to cooperate.
Sec. 722. Requirements relating to the largest exporting and importing 
           countries of certain precursor chemicals.
Sec. 723. Prevention of smuggling of methamphetamine into the United 
           States from Mexico.

 Subtitle C--Enhanced criminal penalties for methamphetamine production 
                             and trafficking

Sec. 731. Smuggling methamphetamine or methamphetamine precursor 
           chemicals into the United States while using facilitated 
           entry programs.
Sec. 732. Manufacturing controlled substances on Federal property.
Sec. 733. Increased punishment for methamphetamine kingpins.
Sec. 734. New child-protection criminal enhancement.
Sec. 735. Amendments to certain sentencing court reporting requirements.
Sec. 736. Semiannual reports to Congress.

    Subtitle D--Enhanced environmental regulation of methamphetamine 
                               byproducts

Sec. 741. Biennial report to Congress on agency designations of by-
           products of methamphetamine laboratories as hazardous 
           materials.
Sec. 742. Methamphetamine production report.
Sec. 743. Cleanup costs.

             Subtitle E--Additional programs and activities

Sec. 751. Improvements to Department of Justice drug court grant 
           program.
Sec. 752. Drug courts funding.
Sec. 753. Feasibility study on Federal drug courts.
Sec. 754. Grants to hot spot areas to reduce availability of 
           methamphetamine.
Sec. 755. Grants for programs for drug-endangered children.
Sec. 756. Authority to award competitive grants to address 
           methamphetamine use by pregnant and parenting women 
           offenders.

        TITLE I--USA PATRIOT IMPROVEMENT AND REAUTHORIZATION ACT

SEC. 101. REFERENCES TO, AND MODIFICATION OF SHORT TITLE FOR, USA 
            PATRIOT ACT.

    (a) References to USA PATRIOT Act.--A reference in this Act to the 
USA PATRIOT Act shall be deemed a reference to the Uniting and 
Strengthening America by Providing Appropriate Tools Required to 
Intercept and Obstruct Terrorism Act (USA PATRIOT Act) of 2001.
    (b) Modification of Short Title of USA PATRIOT Act.--Section 1(a) of 
the USA PATRIOT Act <<NOTE: 18 USC 1 note.>> is amended to read as 
follows:

    ``(a) Short Title.--This Act may be cited as the `Uniting and 
Strengthening America by Providing Appropriate Tools Required to 
Intercept and Obstruct Terrorism Act of 2001' or the `USA PATRIOT 
Act'.''.

SEC. 102. USA PATRIOT ACT SUNSET PROVISIONS.

    (a) In General.--Section 224 of the USA PATRIOT Act <<NOTE: 18 USC 
2510 note.>>  is repealed.

[[Page 120 STAT. 195]]

    (b) Sections 206 and 215 Sunset.--
            (1)  <<NOTE: Effective date. 50 USC 1805 and note, 1861, 
        1862.>> In general.--Effective December 31, 2009, the Foreign 
        Intelligence Surveillance Act of 1978 is amended so that 
        sections 501, 502, and 105(c)(2) read as they read on October 
        25, 2001.
            (2) Exception.--With respect to any particular foreign 
        intelligence investigation that began before the date on which 
        the provisions referred to in paragraph (1) cease to have 
        effect, or with respect to any particular offense or potential 
        offense that began or occurred before the date on which such 
        provisions cease to have effect, such provisions shall continue 
        in effect.

SEC. 103. EXTENSION OF SUNSET RELATING TO INDIVIDUAL TERRORISTS AS 
            AGENTS OF FOREIGN POWERS.

    Section 6001(b) of the Intelligence Reform and Terrorism Prevention 
Act of 2004 <<NOTE: 50 USC 1801 note.>> (Public Law 108-458; 118 Stat. 
3742) is amended to read as follows:

    ``(b) Sunset.--
            ``(1) In general.--Except as provided in paragraph (2), the 
        amendment made by subsection (a) shall cease to have effect on 
        December 31, 2009.
            ``(2) Exception.--With respect to any particular foreign 
        intelligence investigation that began before the date on which 
        the provisions referred to in paragraph (1) cease to have 
        effect, or with respect to any particular offense or potential 
        offense that began or occurred before the date on which the 
        provisions cease to have effect, such provisions shall continue 
        in effect.''.

SEC. 104. SECTION 2332b AND THE MATERIAL SUPPORT SECTIONS OF TITLE 18, 
            UNITED STATES CODE.

    Section 6603 of the Intelligence Reform and Terrorism Prevention Act 
of 2004 <<NOTE: 18 USC 2332b note.>> (Public Law 108-458; 118 Stat. 
3762) is amended by striking subsection (g).

SEC. 105. DURATION OF FISA SURVEILLANCE OF NON-UNITED STATES PERSONS 
            UNDER SECTION 207 OF THE USA PATRIOT ACT.

    (a) Electronic Surveillance.--Section 105(e) of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1805(e)) is amended--
            (1) in paragraph (1)(B), by striking ``, as defined in 
        section 101(b)(1)(A)'' and inserting ``who is not a United 
        States person''; and
            (2) in subsection (2)(B), by striking ``as defined in 
        section 101(b)(1)(A)'' and inserting ``who is not a United 
        States person''.

    (b) Physical Search.--Section 304(d) of such Act (50 U.S.C. 1824(d)) 
is amended--
            (1) in paragraph (1)(B), by striking ``as defined in section 
        101(b)(1)(A)'' and inserting ``who is not a United States 
        person''; and
            (2) in paragraph (2), by striking ``as defined in section 
        101(b)(1)(A)'' and inserting ``who is not a United States 
        person''.

    (c) Pen Registers, Trap and Trace Devices.--Section 402(e) of such 
Act (50 U.S.C. 1842(e)) is amended--
            (1) by striking ``(e) An'' and inserting ``(e)(1) Except as 
        provided in paragraph (2), an''; and
            (2) by adding at the end the following new paragraph:

    ``(2) In the case of an application under subsection (c) where the 
applicant has certified that the information likely to be obtained

[[Page 120 STAT. 196]]

is foreign intelligence information not concerning a United States 
person, an order, or an extension of an order, under this section may be 
for a period not to exceed one year.''.

SEC. 106. ACCESS TO CERTAIN BUSINESS RECORDS UNDER SECTION 215 OF THE 
            USA PATRIOT ACT.

    (a) Director Approval for Certain Applications.--Subsection (a) of 
section 501 of the Foreign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1861(a)) is amended--
            (1) in paragraph (1), by striking ``The Director'' and 
        inserting ``Subject to paragraph (3), the Director''; and
            (2) by adding at the end the following:
            ``(3) In the case of an application for an order requiring 
        the production of library circulation records, library patron 
        lists, book sales records, book customer lists, firearms sales 
        records, tax return records, educational records, or medical 
        records containing information that would identify a person, the 
        Director of the Federal Bureau of Investigation may delegate the 
        authority to make such application to either the Deputy Director 
        of the Federal Bureau of Investigation or the Executive 
        Assistant Director for National Security (or any successor 
        position). The Deputy Director or the Executive Assistant 
        Director may not further delegate such authority.''.

    (b) Factual Basis for Requested Order.--Subsection (b)(2) of such 
section is amended to read as follows:
            ``(2) shall include--
                    ``(A) a statement of facts showing that there are 
                reasonable grounds to believe that the tangible things 
                sought are relevant to an authorized investigation 
                (other than a threat assessment) conducted in accordance 
                with subsection (a)(2) to obtain foreign intelligence 
                information not concerning a United States person or to 
                protect against international terrorism or clandestine 
                intelligence activities, such things being presumptively 
                relevant to an authorized investigation if the applicant 
                shows in the statement of the facts that they pertain 
                to--
                          ``(i) a foreign power or an agent of a foreign 
                      power;
                          ``(ii) the activities of a suspected agent of 
                      a foreign power who is the subject of such 
                      authorized investigation; or
                          ``(iii) an individual in contact with, or 
                      known to, a suspected agent of a foreign power who 
                      is the subject of such authorized investigation; 
                      and
                    ``(B) an enumeration of the minimization procedures 
                adopted by the Attorney General under subsection (g) 
                that are applicable to the retention and dissemination 
                by the Federal Bureau of Investigation of any tangible 
                things to be made available to the Federal Bureau of 
                Investigation based on the order requested in such 
                application.''.

    (c) Clarification of Judicial Discretion.--Subsection (c)(1) of such 
section is amended to read as follows:
    ``(c)(1) Upon an application made pursuant to this section, if the 
judge finds that the application meets the requirements of subsections 
(a) and (b), the judge shall enter an ex parte order as requested, or as 
modified, approving the release of tangible things. Such order shall 
direct that minimization procedures adopted pursuant to subsection (g) 
be followed.''.

[[Page 120 STAT. 197]]

    (d) Additional Protections.--Subsection (c)(2) of such section is 
amended to read as follows:
            ``(2) An order under this subsection--
                    ``(A) shall describe the tangible things that are 
                ordered to be produced with sufficient particularity to 
                permit them to be fairly identified;
                    ``(B) shall include the date on which the tangible 
                things must be provided, which shall allow a reasonable 
                period of time within which the tangible things can be 
                assembled and made available;
                    ``(C) shall provide clear and conspicuous notice of 
                the principles and procedures described in subsection 
                (d);
                    ``(D) may only require the production of a tangible 
                thing if such thing can be obtained with a subpoena 
                duces tecum issued by a court of the United States in 
                aid of a grand jury investigation or with any other 
                order issued by a court of the United States directing 
                the production of records or tangible things; and
                    ``(E) shall not disclose that such order is issued 
                for purposes of an investigation described in subsection 
                (a).''.

    (e) Prohibition on Disclosure.--Subsection (d) of such section is 
amended to read as follows:
    ``(d)(1) No person shall disclose to any other person that the 
Federal Bureau of Investigation has sought or obtained tangible things 
pursuant to an order under this section, other than to--
            ``(A) those persons to whom disclosure is necessary to 
        comply with such order;
            ``(B) an attorney to obtain legal advice or assistance with 
        respect to the production of things in response to the order; or
            ``(C) other persons as permitted by the Director of the 
        Federal Bureau of Investigation or the designee of the Director.

    ``(2)(A) A person to whom disclosure is made pursuant to paragraph 
(1) shall be subject to the nondisclosure requirements applicable to a 
person to whom an order is directed under this section in the same 
manner as such person.
    ``(B) <<NOTE: Notification.>> Any person who discloses to a person 
described in subparagraph (A), (B), or (C) of paragraph (1) that the 
Federal Bureau of Investigation has sought or obtained tangible things 
pursuant to an order under this section shall notify such person of the 
nondisclosure requirements of this subsection.

    ``(C) At the request of the Director of the Federal Bureau of 
Investigation or the designee of the Director, any person making or 
intending to make a disclosure under this section shall identify to the 
Director or such designee the person to whom such disclosure will be 
made or to whom such disclosure was made prior to the request, but in no 
circumstance shall a person be required to inform the Director or such 
designee that the person intends to consult an attorney to obtain legal 
advice or legal assistance.''.
    (f) Judicial Review.--
            (1) Petition review pool.--Section 103 of the Foreign 
        Intelligence Surveillance Act of 1978 (50 U.S.C. 1803) is 
        amended by adding at the end the following new subsection:

    ``(e)(1) Three judges designated under subsection (a) who reside 
within 20 miles of the District of Columbia, or, if all of such judges 
are unavailable, other judges of the court established under subsection 
(a) as may be designated by the presiding judge of

[[Page 120 STAT. 198]]

such court, shall comprise a petition review pool which shall have 
jurisdiction to review petitions filed pursuant to section 501(f)(1).
    ``(2) <<NOTE: Deadline. Publication. Procedures.>> Not later than 60 
days after the date of the enactment of the USA PATRIOT Improvement and 
Reauthorization Act of 2005, the court established under subsection (a) 
shall adopt and, consistent with the protection of national security, 
publish procedures for the review of petitions filed pursuant to section 
501(f)(1) by the panel established under paragraph (1). Such procedures 
shall provide that review of a petition shall be conducted in camera and 
shall also provide for the designation of an acting presiding judge.''.
            (2) Proceedings.--Section 501 of the Foreign Intelligence 
        Surveillance Act of 1978 (50 U.S.C. 1861) is further amended by 
        adding at the end the following new subsection:

    ``(f)(1) A person receiving an order to produce any tangible thing 
under this section may challenge the legality of that order by filing a 
petition with the pool established by section 103(e)(1). The presiding 
judge shall immediately assign the petition to one of the judges serving 
in such pool. <<NOTE: Deadline.>> Not later than 72 hours after the 
assignment of such petition, the assigned judge shall conduct an initial 
review of the petition. If the assigned judge determines that the 
petition is frivolous, the assigned judge shall immediately deny the 
petition and affirm the order. If the assigned judge determines the 
petition is not frivolous, the assigned judge shall promptly consider 
the petition in accordance with the procedures established pursuant to 
section 103(e)(2). The judge considering the petition may modify or set 
aside the order only if the judge finds that the order does not meet the 
requirements of this section or is otherwise unlawful. If the judge does 
not modify or set aside the order, the judge shall immediately affirm 
the order and order the recipient to comply 
therewith. <<NOTE: Records.>> The assigned judge shall promptly provide 
a written statement for the record of the reasons for any determination 
under this paragraph.

    ``(2) A petition for review of a decision to affirm, modify, or set 
aside an order by the United States or any person receiving such order 
shall be to the court of review established under section 103(b), which 
shall have jurisdiction to consider such petitions. 
The <<NOTE: Records.>> court of review shall provide for the record a 
written statement of the reasons for its decision and, on petition of 
the United States or any person receiving such order for writ of 
certiorari, the record shall be transmitted under seal to the Supreme 
Court, which shall have jurisdiction to review such decision.

    ``(3) Judicial proceedings under this subsection shall be concluded 
as expeditiously as possible. The record of proceedings, including 
petitions filed, orders granted, and statements of reasons for decision, 
shall be maintained under security measures established by the Chief 
Justice of the United States in consultation with the Attorney General 
and the Director of National Intelligence.
    ``(4) All petitions under this subsection shall be filed under seal. 
In any proceedings under this subsection, the court shall, upon request 
of the government, review ex parte and in camera any government 
submission, or portions thereof, which may include classified 
information.''.
    (g) Minimization Procedures and Use of Information.--Section 501 of 
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861) is 
further amended by adding at the end the following new subsections:

[[Page 120 STAT. 199]]

    ``(g) Minimization Procedures.--
            ``(1)  <<NOTE: Deadline.>> In general.--Not later than 180 
        days after the date of the enactment of the USA PATRIOT 
        Improvement and Reauthorization Act of 2005, the Attorney 
        General shall adopt specific minimization procedures governing 
        the retention and dissemination by the Federal Bureau of 
        Investigation of any tangible things, or information therein, 
        received by the Federal Bureau of Investigation in response to 
        an order under this title.
            ``(2) Defined.--In this section, the term `minimization 
        procedures' means--
                    ``(A) specific procedures that are reasonably 
                designed in light of the purpose and technique of an 
                order for the production of tangible things, to minimize 
                the retention, and prohibit the dissemination, of 
                nonpublicly available information concerning 
                unconsenting United States persons consistent with the 
                need of the United States to obtain, produce, and 
                disseminate foreign intelligence information;
                    ``(B) procedures that require that nonpublicly 
                available information, which is not foreign intelligence 
                information, as defined in section 101(e)(1), shall not 
                be disseminated in a manner that identifies any United 
                States person, without such person's consent, unless 
                such person's identity is necessary to understand 
                foreign intelligence information or assess its 
                importance; and
                    ``(C) notwithstanding subparagraphs (A) and (B), 
                procedures that allow for the retention and 
                dissemination of information that is evidence of a crime 
                which has been, is being, or is about to be committed 
                and that is to be retained or disseminated for law 
                enforcement purposes.

    ``(h) Use of Information.--Information acquired from tangible things 
received by the Federal Bureau of Investigation in response to an order 
under this title concerning any United States person may be used and 
disclosed by Federal officers and employees without the consent of the 
United States person only in accordance with the minimization procedures 
adopted pursuant to subsection (g). No otherwise privileged information 
acquired from tangible things received by the Federal Bureau of 
Investigation in accordance with the provisions of this title shall lose 
its privileged character. No information acquired from tangible things 
received by the Federal Bureau of Investigation in response to an order 
under this title may be used or disclosed by Federal officers or 
employees except for lawful purposes.''.
    (h) Enhanced Oversight.--Section 502 of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1862) is amended--
            (1) in subsection (a)--
                    (A) by striking ``semiannual basis'' and inserting 
                ``annual basis''; and
                    (B) by inserting ``and the Committee on the 
                Judiciary'' after ``and the Select Committee on 
                Intelligence'';
            (2) in subsection (b)--
                    (A) <<NOTE: Reports.>> by striking ``On a semiannual 
                basis'' and all that follows through ``the preceding 6-
                month period'' and inserting ``In April of each year, 
                the Attorney General shall submit to the House and 
                Senate Committees on the Judiciary and the House 
                Permanent Select Committee on

[[Page 120 STAT. 200]]

                Intelligence and the Senate Select Committee on 
                Intelligence a report setting forth with respect to the 
                preceding calendar year'';
                    (B) in paragraph (1), by striking ``and'' at the 
                end;
                    (C) in paragraph (2), by striking the period at the 
                end and inserting ``; and''; and
                    (D) by adding at the end the following new 
                paragraph:
            ``(3) the number of such orders either granted, modified, or 
        denied for the production of each of the following:
                    ``(A) Library circulation records, library patron 
                lists, book sales records, or book customer lists.
                    ``(B) Firearms sales records.
                    ``(C) Tax return records.
                    ``(D) Educational records.
                    ``(E) Medical records containing information that 
                would identify a person.''; and
            (3) by adding at the end the following new subsection:

    ``(c)(1) <<NOTE: Reports.>> In April of each year, the Attorney 
General shall submit to Congress a report setting forth with respect to 
the preceding year--
            ``(A) the total number of applications made for orders 
        approving requests for the production of tangible things under 
        section 501; and
            ``(B) the total number of such orders either granted, 
        modified, or denied.

    ``(2) Each report under this subsection shall be submitted in 
unclassified form.''.

SEC. 106A. AUDIT ON ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN 
            INTELLIGENCE PURPOSES.

    (a) Audit.--The Inspector General of the Department of Justice shall 
perform a comprehensive audit of the effectiveness and use, including 
any improper or illegal use, of the investigative authority provided to 
the Federal Bureau of Investigation under title V of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1861 et seq.).
    (b) Requirements.--The audit required under subsection (a) shall 
include--
            (1) an examination of each instance in which the Attorney 
        General, any other officer, employee, or agent of the Department 
        of Justice, the Director of the Federal Bureau of Investigation, 
        or a designee of the Director, submitted an application to the 
        Foreign Intelligence Surveillance Court (as such term is defined 
        in section 301(3) of the Foreign Intelligence Surveillance Act 
        of 1978 (50 U.S.C. 1821(3))) for an order under section 501 of 
        such Act during the calendar years of 2002 through 2006, 
        including--
                    (A) whether the Federal Bureau of Investigation 
                requested that the Department of Justice submit an 
                application and the request was not submitted to the 
                court (including an examination of the basis for not 
                submitting the application);
                    (B) whether the court granted, modified, or denied 
                the application (including an examination of the basis 
                for any modification or denial);
            (2) the justification for the failure of the Attorney 
        General to issue implementing procedures governing requests for 
        the

[[Page 120 STAT. 201]]

        production of tangible things under such section in a timely 
        fashion, including whether such delay harmed national security;
            (3) whether bureaucratic or procedural impediments to the 
        use of such requests for production prevent the Federal Bureau 
        of Investigation from taking full advantage of the authorities 
        provided under section 501 of such Act;
            (4) any noteworthy facts or circumstances relating to orders 
        under such section, including any improper or illegal use of the 
        authority provided under such section; and
            (5) an examination of the effectiveness of such section as 
        an investigative tool, including--
                    (A) the categories of records obtained and the 
                importance of the information acquired to the 
                intelligence activities of the Federal Bureau of 
                Investigation or any other Department or agency of the 
                Federal Government;
                    (B) the manner in which such information is 
                collected, retained, analyzed, and disseminated by the 
                Federal Bureau of Investigation, including any direct 
                access to such information (such as access to ``raw 
                data'') provided to any other Department, agency, or 
                instrumentality of Federal, State, local, or tribal 
                governments or any private sector entity;
                    (C) with respect to calendar year 2006, an 
                examination of the minimization procedures adopted by 
                the Attorney General under section 501(g) of such Act 
                and whether such minimization procedures protect the 
                constitutional rights of United States persons;
                    (D) whether, and how often, the Federal Bureau of 
                Investigation utilized information acquired pursuant to 
                an order under section 501 of such Act to produce an 
                analytical intelligence product for distribution within 
                the Federal Bureau of Investigation, to the intelligence 
                community (as such term is defined in section 3(4) of 
                the National Security Act of 1947 (50 U.S.C. 401a(4))), 
                or to other Federal, State, local, or tribal government 
                Departments, agencies, or instrumentalities; and
                    (E) whether, and how often, the Federal Bureau of 
                Investigation provided such information to law 
                enforcement authorities for use in criminal proceedings.

    (c) Submission Dates.--
            (1)  <<NOTE: Reports.>> Prior years.--Not later than one 
        year after the date of the enactment of this Act, or upon 
        completion of the audit under this section for calendar years 
        2002, 2003, and 2004, whichever is earlier, the Inspector 
        General of the Department of Justice shall submit to the 
        Committee on the Judiciary and the Permanent Select Committee on 
        Intelligence of the House of Representatives and the Committee 
        on the Judiciary and the Select Committee on Intelligence of the 
        Senate a report containing the results of the audit conducted 
        under this section for calendar years 2002, 2003, and 2004.
            (2) Calendar years 2005 and 2006.--Not later than December 
        31, 2007, or upon completion of the audit under this section for 
        calendar years 2005 and 2006, whichever is earlier, the 
        Inspector General of the Department of Justice shall submit to 
        the Committee on the Judiciary and the Permanent Select 
        Committee on Intelligence of the House of Representatives and 
        the Committee on the Judiciary and the Select

[[Page 120 STAT. 202]]

        Committee on Intelligence of the Senate a report containing the 
        results of the audit conducted under this section for calendar 
        years 2005 and 2006.

    (d) Prior Notice to Attorney General and Director of National 
Intelligence; Comments.--
            (1)  <<NOTE: Deadline. Reports.>> Notice.--Not less than 30 
        days before the submission of a report under subsection (c)(1) 
        or (c)(2), the Inspector General of the Department of Justice 
        shall provide such report to the Attorney General and the 
        Director of National Intelligence.
            (2) Comments.--The Attorney General or the Director of 
        National Intelligence may provide comments to be included in the 
        reports submitted under subsections (c)(1) and (c)(2) as the 
        Attorney General or the Director of National Intelligence may 
        consider necessary.

    (e) Unclassified Form.--The reports submitted under subsections 
(c)(1) and (c)(2) and any comments included under subsection (d)(2) 
shall be in unclassified form, but may include a classified annex.

SEC. 107. ENHANCED OVERSIGHT OF GOOD-FAITH EMERGENCY DISCLOSURES UNDER 
            SECTION 212 OF THE USA PATRIOT ACT.

    (a) Enhanced Oversight.--Section 2702 of title 18, United States 
Code, is amended by adding at the end the following:
    ``(d) Reporting of Emergency Disclosures.--On an annual basis, the 
Attorney General shall submit to the Committee on the Judiciary of the 
House of Representatives and the Committee on the Judiciary of the 
Senate a report containing--
            ``(1) the number of accounts from which the Department of 
        Justice has received voluntary disclosures under subsection 
        (b)(8); and
            ``(2) a summary of the basis for disclosure in those 
        instances where--
                    ``(A) voluntary disclosures under subsection (b)(8) 
                were made to the Department of Justice; and
                    ``(B) the investigation pertaining to those 
                disclosures was closed without the filing of criminal 
                charges.''.

    (b) Technical Amendments to Conform Communications and Customer 
Records Exceptions.--
            (1) Voluntary disclosures.--Section 2702 of title 18, United 
        States Code, is amended--
                    (A) in subsection (b)(8), by striking ``Federal, 
                State, or local''; and
                    (B) by striking paragraph (4) of subsection (c) and 
                inserting the following:
            ``(4) to a governmental entity, if the provider, in good 
        faith, believes that an emergency involving danger of death or 
        serious physical injury to any person requires disclosure 
        without delay of information relating to the emergency;''.
            (2) Definitions.--Section 2711 of title 18, United States 
        Code, is amended--
                    (A) in paragraph (2), by striking ``and'' at the 
                end;
                    (B) in paragraph (3), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:

[[Page 120 STAT. 203]]

            ``(4) the term `governmental entity' means a department or 
        agency of the United States or any State or political 
        subdivision thereof.''.

    (c) Additional Exception.--Section 2702(a) of title 18, United 
States Code, is amended by inserting ``or (c)'' after ``Except as 
provided in subsection (b)''.

SEC. 108. MULTIPOINT ELECTRONIC SURVEILLANCE UNDER SECTION 206 OF THE 
            USA PATRIOT ACT.

    (a) Inclusion of Specific Facts in Application.--
            (1) Application.--Section 104(a)(3) of the Foreign 
        Intelligence Surveillance Act of 1978 (50 U.S.C. 1804(a)(3)) is 
        amended by inserting ``specific'' after ``description of the''.
            (2) Order.--Subsection (c) of section 105 of the Foreign 
        Intelligence Surveillance Act of 1978 (50 U.S.C. 1805(c)) is 
        amended--
                    (A) in paragraph (1)(A) by striking ``target of the 
                electronic surveillance'' and inserting ``specific 
                target of the electronic surveillance identified or 
                described in the application pursuant to section 
                104(a)(3)''; and
                    (B) in paragraph (2)(B), by striking ``where the 
                Court finds'' and inserting ``where the Court finds, 
                based upon specific facts provided in the 
                application,''.

    (b) Additional Directions.--Such subsection is further amended--
            (1) by striking ``An order approving'' and all that follows 
        through ``specify'' and inserting ``(1) specifications.--An 
        order approving an electronic surveillance under this section 
        shall specify'';
            (2) in paragraph (1)(F), by striking ``; and'' and inserting 
        a period;
            (3) in paragraph (2), by striking ``direct'' and inserting 
        ``Directions.--An order approving an electronic surveillance 
        under this section shall direct''; and
            (4) by adding at the end the following new paragraph:
            ``(3)  <<NOTE: Notice. Deadline.>> Special directions for 
        certain orders.--An order approving an electronic surveillance 
        under this section in circumstances where the nature and 
        location of each of the facilities or places at which the 
        surveillance will be directed is unknown shall direct the 
        applicant to provide notice to the court within ten days after 
        the date on which surveillance begins to be directed at any new 
        facility or place, unless the court finds good cause to justify 
        a longer period of up to 60 days, of--
                    ``(A) the nature and location of each new facility 
                or place at which the electronic surveillance is 
                directed;
                    ``(B) the facts and circumstances relied upon by the 
                applicant to justify the applicant's belief that each 
                new facility or place at which the electronic 
                surveillance is directed is or was being used, or is 
                about to be used, by the target of the surveillance;
                    ``(C) a statement of any proposed minimization 
                procedures that differ from those contained in the 
                original application or order, that may be necessitated 
                by a change in the facility or place at which the 
                electronic surveillance is directed; and

[[Page 120 STAT. 204]]

                    ``(D) the total number of electronic surveillances 
                that have been or are being conducted under the 
                authority of the order.''.

    (c) Enhanced Oversight.--
            (1) Report to congress.--Section 108(a)(1) of the Foreign 
        Intelligence Surveillance Act of 1978 (50 U.S.C. 1808(a)(1)) is 
        amended by inserting ``, and the Committee on the Judiciary of 
        the Senate,'' after ``Senate Select Committee on Intelligence''.
            (2) Modification of semiannual report requirement on 
        activities under foreign intelligence surveillance act of 
        1978.--Paragraph (2) of section 108(a) of the Foreign 
        Intelligence Surveillance Act of 1978 (50 U.S.C. 1808(a)) is 
        amended to read as follows:
            ``(2) Each report under the first sentence of paragraph (1) 
        shall include a description of--
                    ``(A) the total number of applications made for 
                orders and extensions of orders approving electronic 
                surveillance under this title where the nature and 
                location of each facility or place at which the 
                electronic surveillance will be directed is unknown;
                    ``(B) each criminal case in which information 
                acquired under this Act has been authorized for use at 
                trial during the period covered by such report; and
                    ``(C) the total number of emergency employments of 
                electronic surveillance under section 105(f) and the 
                total number of subsequent orders approving or denying 
                such electronic surveillance.''.

SEC. 109. ENHANCED CONGRESSIONAL OVERSIGHT.

    (a) Emergency Physical Searches.--Section 306 of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1826) is amended--
            (1) in the first sentence, by inserting ``, and the 
        Committee on the Judiciary of the Senate,'' after ``the 
        Senate'';
            (2) in the second sentence, by striking ``and the Committees 
        on the Judiciary of the House of Representatives and the 
        Senate'' and inserting ``and the Committee on the Judiciary of 
        the House of Representatives'';
            (3) in paragraph (2), by striking ``and'' at the end;
            (4) in paragraph (3), by striking the period at the end and 
        inserting ``; and''; and
            (5) by adding at the end the following:
            ``(4) the total number of emergency physical searches 
        authorized by the Attorney General under section 304(e) and the 
        total number of subsequent orders approving or denying such 
        physical searches.''.

    (b) Emergency Pen Registers and Trap and Trace Devices.--Section 
406(b) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
1846(b)) is amended--
            (1) in paragraph (1), by striking ``and'' at the end;
            (2) in paragraph (2), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(3) the total number of pen registers and trap and trace 
        devices whose installation and use was authorized by the 
        Attorney General on an emergency basis under section 403, and 
        the total number of subsequent orders approving or denying

[[Page 120 STAT. 205]]

        the installation and use of such pen registers and trap and 
        trace devices.''.

    (c)  <<NOTE: 8 USC 1107.>> Additional Report.--At the beginning and 
midpoint of each fiscal year, the Secretary of Homeland Security shall 
submit to the Committees on the Judiciary of the House of 
Representatives and the Senate, a written report providing a description 
of internal affairs operations at U.S. Citizenship and Immigration 
Services, including the general state of such operations and a detailed 
description of investigations that are being conducted (or that were 
conducted during the previous six months) and the resources devoted to 
such investigations. The first such report shall be submitted not later 
than April 1, 2006.

    (d) Rules and Procedures for FISA Courts.--Section 103 of the 
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803) is 
amended by adding at the end the following:
    ``(f)(1) The courts established pursuant to subsections (a) and (b) 
may establish such rules and procedures, and take such actions, as are 
reasonably necessary to administer their responsibilities under this 
Act.
    ``(2) The rules and procedures established under paragraph (1), and 
any modifications of such rules and procedures, shall be recorded, and 
shall be transmitted to the following:
            ``(A) All of the judges on the court established pursuant to 
        subsection (a).
            ``(B) All of the judges on the court of review established 
        pursuant to subsection (b).
            ``(C) The Chief Justice of the United States.
            ``(D) The Committee on the Judiciary of the Senate.
            ``(E) The Select Committee on Intelligence of the Senate.
            ``(F) The Committee on the Judiciary of the House of 
        Representatives.
            ``(G) The Permanent Select Committee on Intelligence of the 
        House of Representatives.

    ``(3) The transmissions required by paragraph (2) shall be submitted 
in unclassified form, but may include a classified annex.''.

SEC. 110. ATTACKS AGAINST RAILROAD CARRIERS AND MASS TRANSPORTATION 
            SYSTEMS.

    (a) In General.--Chapter 97 of title 18, United States Code, is 
amended by striking sections 1992 through 1993 and inserting the 
following:

``Sec. 1992. Terrorist attacks and other violence against railroad 
                        carriers and against mass transportation systems 
                        on land, on water, or through the air

    ``(a) General Prohibitions.--Whoever, in a circumstance described in 
subsection (c), knowingly and without lawful authority or permission--
            ``(1) wrecks, derails, sets fire to, or disables railroad 
        on-track equipment or a mass transportation vehicle;
            ``(2) places any biological agent or toxin, destructive 
        substance, or destructive device in, upon, or near railroad on-
        track equipment or a mass transportation vehicle with intent to 
        endanger the safety of any person, or with a reckless disregard 
        for the safety of human life;

[[Page 120 STAT. 206]]

            ``(3) places or releases a hazardous material or a 
        biological agent or toxin on or near any property described in 
        subparagraph (A) or (B) of paragraph (4), with intent to 
        endanger the safety of any person, or with reckless disregard 
        for the safety of human life;
            ``(4) sets fire to, undermines, makes unworkable, unusable, 
        or hazardous to work on or use, or places any biological agent 
        or toxin, destructive substance, or destructive device in, upon, 
        or near any--
                    ``(A) tunnel, bridge, viaduct, trestle, track, 
                electromagnetic guideway, signal, station, depot, 
                warehouse, terminal, or any other way, structure, 
                property, or appurtenance used in the operation of, or 
                in support of the operation of, a railroad carrier, and 
                with intent to, or knowing or having reason to know, 
                such activity would likely, derail, disable, or wreck 
                railroad on-track equipment; or
                    ``(B) garage, terminal, structure, track, 
                electromagnetic guideway, supply, or facility used in 
                the operation of, or in support of the operation of, a 
                mass transportation vehicle, and with intent to, or 
                knowing or having reason to know, such activity would 
                likely, derail, disable, or wreck a mass transportation 
                vehicle used, operated, or employed by a mass 
                transportation provider;
            ``(5) removes an appurtenance from, damages, or otherwise 
        impairs the operation of a railroad signal system or mass 
        transportation signal or dispatching system, including a train 
        control system, centralized dispatching system, or highway-
        railroad grade crossing warning signal;
            ``(6) with intent to endanger the safety of any person, or 
        with a reckless disregard for the safety of human life, 
        interferes with, disables, or incapacitates any dispatcher, 
        driver, captain, locomotive engineer, railroad conductor, or 
        other person while the person is employed in dispatching, 
        operating, controlling, or maintaining railroad on-track 
        equipment or a mass transportation vehicle;
            ``(7) commits an act, including the use of a dangerous 
        weapon, with the intent to cause death or serious bodily injury 
        to any person who is on property described in subparagraph (A) 
        or (B) of paragraph (4);
            ``(8) surveils, photographs, videotapes, diagrams, or 
        otherwise collects information with the intent to plan or assist 
        in planning any of the acts described in paragraphs (1) through 
        (6);
            ``(9) conveys false information, knowing the information to 
        be false, concerning an attempt or alleged attempt to engage in 
        a violation of this subsection; or
            ``(10) attempts, threatens, or conspires to engage in any 
        violation of any of paragraphs (1) through (9),

 shall be fined under this title or imprisoned not more than 20 years, 
or both, and if the offense results in the death of any person, shall be 
imprisoned for any term of years or for life, or subject to death, 
except in the case of a violation of paragraph (8), (9), or (10).
    ``(b) Aggravated Offense.--Whoever commits an offense under 
subsection (a) of this section in a circumstance in which--

[[Page 120 STAT. 207]]

            ``(1) the railroad on-track equipment or mass transportation 
        vehicle was carrying a passenger or employee at the time of the 
        offense;
            ``(2) the railroad on-track equipment or mass transportation 
        vehicle was carrying high-level radioactive waste or spent 
        nuclear fuel at the time of the offense; or
            ``(3) the offense was committed with the intent to endanger 
        the safety of any person, or with a reckless disregard for the 
        safety of any person, and the railroad on-track equipment or 
        mass transportation vehicle was carrying a hazardous material at 
        the time of the offense that--
                    ``(A) was required to be placarded under subpart F 
                of part 172 of title 49, Code of Federal Regulations; 
                and
                    ``(B) is identified as class number 3, 4, 5, 6.1, or 
                8 and packing group I or packing group II, or class 
                number 1, 2, or 7 under the hazardous materials table of 
                section 172.101 of title 49, Code of Federal 
                Regulations,

shall be fined under this title or imprisoned for any term of years or 
life, or both, and if the offense resulted in the death of any person, 
the person may be sentenced to death.
    ``(c) Circumstances Required for Offense.--A circumstance referred 
to in subsection (a) is any of the following:
            ``(1) Any of the conduct required for the offense is, or, in 
        the case of an attempt, threat, or conspiracy to engage in 
        conduct, the conduct required for the completed offense would 
        be, engaged in, on, against, or affecting a mass transportation 
        provider, or a railroad carrier engaged in interstate or foreign 
        commerce.
            ``(2) Any person travels or communicates across a State line 
        in order to commit the offense, or transports materials across a 
        State line in aid of the commission of the offense.

    ``(d) Definitions.--In this section--
            ``(1) the term `biological agent' has the meaning given to 
        that term in section 178(1);
            ``(2) the term `dangerous weapon' means a weapon, device, 
        instrument, material, or substance, animate or inanimate, that 
        is used for, or is readily capable of, causing death or serious 
        bodily injury, including a pocket knife with a blade of less 
        than 2\1/2\ inches in length and a box cutter;
            ``(3) the term `destructive device' has the meaning given to 
        that term in section 921(a)(4);
            ``(4) the term `destructive substance' means an explosive 
        substance, flammable material, infernal machine, or other 
        chemical, mechanical, or radioactive device or material, or 
        matter of a combustible, contaminative, corrosive, or explosive 
        nature, except that the term `radioactive device' does not 
        include any radioactive device or material used solely for 
        medical, industrial, research, or other peaceful purposes;
            ``(5) the term `hazardous material' has the meaning given to 
        that term in chapter 51 of title 49;
            ``(6) the term `high-level radioactive waste' has the 
        meaning given to that term in section 2(12) of the Nuclear Waste 
        Policy Act of 1982 (42 U.S.C. 10101(12));
            ``(7) the term `mass transportation' has the meaning given 
        to that term in section 5302(a)(7) of title 49, except that the

[[Page 120 STAT. 208]]

        term includes school bus, charter, and sightseeing 
        transportation and passenger vessel as that term is defined in 
        section 2101(22) of title 46, United States Code;
            ``(8) the term `on-track equipment' means a carriage or 
        other contrivance that runs on rails or electromagnetic 
        guideways;
            ``(9) the term `railroad on-track equipment' means a train, 
        locomotive, tender, motor unit, freight or passenger car, or 
        other on-track equipment used, operated, or employed by a 
        railroad carrier;
            ``(10) the term `railroad' has the meaning given to that 
        term in chapter 201 of title 49;
            ``(11) the term `railroad carrier' has the meaning given to 
        that term in chapter 201 of title 49;
            ``(12) the term `serious bodily injury' has the meaning 
        given to that term in section 1365;
            ``(13) the term `spent nuclear fuel' has the meaning given 
        to that term in section 2(23) of the Nuclear Waste Policy Act of 
        1982 (42 U.S.C. 10101(23));
            ``(14) the term `State' has the meaning given to that term 
        in section 2266;
            ``(15) the term `toxin' has the meaning given to that term 
        in section 178(2); and
            ``(16) the term `vehicle' means any carriage or other 
        contrivance used, or capable of being used, as a means of 
        transportation on land, on water, or through the air.''.

    (b) Conforming Amendments.--
            (1) The table of sections at the beginning of chapter 97 of 
        title 18, United States Code, is amended--
                    (A) by striking ``RAILROADS'' in the chapter heading 
                and inserting ``RAILROAD CARRIERS AND MASS 
                TRANSPORTATION SYSTEMS ON LAND, ON WATER, OR THROUGH THE 
                AIR'';
                    (B) by striking the items relating to sections 1992 
                and 1993; and
                    (C) by inserting after the item relating to section 
                1991 the following:

``1992. Terrorist attacks and other violence against railroad carriers 
           and against mass transportation systems on land, on water, or 
           through the air.''.

            (2) The table of chapters at the beginning of part I of 
        title 18, United States Code, is amended by striking the item 
        relating to chapter 97 and inserting the following:

``97. Railroad carriers and mass transportation systems on land, 
on water, or through the air.....................................1991''.

            (3) Title 18, United States Code, is amended--
                    (A) in section 2332b(g)(5)(B)(i), by striking ``1992 
                (relating to wrecking trains), 1993 (relating to 
                terrorist attacks and other acts of violence against 
                mass transportation systems),'' and inserting ``1992 
                (relating to terrorist attacks and other acts of 
                violence against railroad carriers and against mass 
                transportation systems on land, on water, or through the 
                air),'';
                    (B) in section 2339A, by striking ``1993,''; and
                    (C) in section 2516(1)(c) by striking ``1992 
                (relating to wrecking trains),''.

[[Page 120 STAT. 209]]

SEC. 111. FORFEITURE.

    Section 981(a)(1)(B)(i) of title 18, United States Code, is amended 
by inserting ``trafficking in nuclear, chemical, biological, or 
radiological weapons technology or material, or'' after ``involves''.

SEC. 112. SECTION 2332b(g)(5)(B) AMENDMENTS RELATING TO THE DEFINITION 
            OF FEDERAL CRIME OF TERRORISM.

    (a) Additional Offenses.--Section 2332b(g)(5)(B) of title 18, United 
States Code, is amended--
            (1) in clause (i), by inserting ``, 2339D (relating to 
        military-type training from a foreign terrorist organization)'' 
        before ``, or 2340A'';
            (2) in clause (ii), by striking ``or'' after the semicolon;
            (3) in clause (iii), by striking the period and inserting 
        ``; or''; and
            (4) by inserting after clause (iii) the following:
                          ``(iv) section 1010A of the Controlled 
                      Substances Import and Export Act (relating to 
                      narco-terrorism).''.

    (b) Clerical Correction.--Section 2332b(g)(5)(B) of title 18, United 
States Code, is amended by inserting ``)'' after ``2339C (relating to 
financing of terrorism''.

SEC. 113. AMENDMENTS TO SECTION 2516(1) OF TITLE 18, UNITED STATES CODE.

    (a) Paragraph (a) Amendment.--Section 2516(1)(a) of title 18, United 
States Code, is amended by inserting ``chapter 10 (relating to 
biological weapons)'' after ``under the following chapters of this 
title:''.
    (b) Paragraph (c) Amendment.--Section 2516(1)(c) of title 18, United 
States Code, is amended--
            (1) by inserting ``section 37 (relating to violence at 
        international airports), section 43 (relating to animal 
        enterprise terrorism),'' after ``the following sections of this 
        title:'';
            (2) by inserting ``section 832 (relating to nuclear and 
        weapons of mass destruction threats), section 842 (relating to 
        explosive materials), section 930 (relating to possession of 
        weapons in Federal facilities),'' after ``section 751 (relating 
        to escape),'';
            (3) by inserting ``section 1114 (relating to officers and 
        employees of the United States), section 1116 (relating to 
        protection of foreign officials),'' after ``section 1014 
        (relating to loans and credit applications generally; renewals 
        and discounts),'';
            (4) by inserting ``section 1992 (relating to terrorist 
        attacks against mass transportation),'' after ``section 1344 
        (relating to bank fraud),'';
            (5) by inserting ``section 2340A (relating to torture),'' 
        after ``section 2321 (relating to trafficking in certain motor 
        vehicles or motor vehicle parts),'';
            (6) by inserting ``section 81 (arson within special maritime 
        and territorial jurisdiction),'' before ``section 201 (bribery 
        of public officials and witnesses)''; and
            (7) by inserting ``section 956 (conspiracy to harm persons 
        or property overseas),'' after ``section 175c (relating to 
        variola virus)''.

    (c) Paragraph (g) Amendment.--Section 2516(1)(g) of title 18, United 
States Code, is amended by inserting before the semicolon

[[Page 120 STAT. 210]]

``, or section 5324 of title 31, United States Code (relating to 
structuring transactions to evade reporting requirement prohibited)''.
    (d) Paragraph (j) Amendment.--Section 2516(1)(j) of title 18, United 
States Code, is amended--
            (1) by striking ``or'' before ``section 46502 (relating to 
        aircraft piracy)'' and inserting a comma after ``section 
        60123(b) (relating to the destruction of a natural gas 
        pipeline''; and
            (2) by inserting ``, the second sentence of section 46504 
        (relating to assault on a flight crew with dangerous weapon), or 
        section 46505(b)(3) or (c) (relating to explosive or incendiary 
        devices, or endangerment of human life, by means of weapons on 
        aircraft)'' before ``of title 49''.

    (e) Paragraph (p) Amendment.--Section 2516(1)(p) of title 18, United 
States Code, is amended by inserting ``, section 1028A (relating to 
aggravated identity theft)'' after ``other documents''.
    (f) Paragraph (q) Amendment.--Section 2516(1)(q) of title 18, United 
States Code, is amended--
            (1) by inserting ``2339'' after ``2232h'';
            (2) by striking ``or'' before ``2339C''; and
            (3) by inserting ``, or 2339D'' after ``2339C''.

    (g) Amendment of Predicate Crimes for Authorization for Interception 
of Wire, Oral, and Electronic Communications.--Section 2516(1) of title 
18, United State Code, is amended--
            (1) in subparagraph (q), by striking ``or'' after the 
        semicolon;
            (2) by redesignating subparagraph (r) as subparagraph (s); 
        and
            (3) by adding after subparagraph (q) the following:
            ``(r) any criminal violation of section 1 (relating to 
        illegal restraints of trade or commerce), 2 (relating to illegal 
        monopolizing of trade or commerce), or 3 (relating to illegal 
        restraints of trade or commerce in territories or the District 
        of Columbia) of the Sherman Act (15 U.S.C. 1, 2, 3); or''.

SEC. 114. DELAYED NOTICE SEARCH WARRANTS.

    (a) Limitation on Reasonable Period for Delay.--Section 3103a of 
title 18, United States Code, is amended--
            (1) by striking subsection (b)(3) and inserting the 
        following:
            ``(3) the warrant provides for the giving of such notice 
        within a reasonable period not to exceed 30 days after the date 
        of its execution, or on a later date certain if the facts of the 
        case justify a longer period of delay.''.
            (2) by adding at the end the following:

    ``(c) Extensions of Delay.--Any period of delay authorized by this 
section may be extended by the court for good cause shown, subject to 
the condition that extensions should only be granted upon an updated 
showing of the need for further delay and that each additional delay 
should be limited to periods of 90 days or less, unless the facts of the 
case justify a longer period of delay.''.
    (b) Limitation on Authority to Delay Notice.--Section 3103a(b)(1) of 
title 18, United States Code, is amended by inserting ``, except if the 
adverse results consist only of unduly delaying a trial'' after 
``2705''.
    (c) Enhanced Oversight.--Section 3103a of title 18, United States 
Code, is further amended by adding at the end the following:
    ``(d) Reports.--
            ``(1) Report by judge.--Not later than 30 days after the 
        expiration of a warrant authorizing delayed notice (including

[[Page 120 STAT. 211]]

        any extension thereof) entered under this section, or the denial 
        of such warrant (or request for extension), the issuing or 
        denying judge shall report to the Administrative Office of the 
        United States Courts--
                    ``(A) the fact that a warrant was applied for;
                    ``(B) the fact that the warrant or any extension 
                thereof was granted as applied for, was modified, or was 
                denied;
                    ``(C) the period of delay in the giving of notice 
                authorized by the warrant, and the number and duration 
                of any extensions; and
                    ``(D) the offense specified in the warrant or 
                application.
            ``(2) Report by administrative office of the united states 
        courts.--Beginning with the fiscal year ending September 30, 
        2007, the Director of the Administrative Office of the United 
        States Courts shall transmit to Congress annually a full and 
        complete report summarizing the data required to be filed with 
        the Administrative Office by paragraph (1), including the number 
        of applications for warrants and extensions of warrants 
        authorizing delayed notice, and the number of such warrants and 
        extensions granted or denied during the preceding fiscal year.
            ``(3) Regulations.--The Director of the Administrative 
        Office of the United States Courts, in consultation with the 
        Attorney General, is authorized to issue binding regulations 
        dealing with the content and form of the reports required to be 
        filed under paragraph (1).''.

SEC. 115. JUDICIAL REVIEW OF NATIONAL SECURITY LETTERS.

    Chapter 223 of title 18, United States Code, is amended--
            (1) by inserting at the end of the table of sections the 
        following new item:

``3511. Judicial review of requests for information.'';

        and
            (2) by inserting after section 3510 the following:

``Sec. 3511. Judicial review of requests for information

    ``(a) The recipient of a request for records, a report, or other 
information under section 2709(b) of this title, section 626(a) or (b) 
or 627(a) of the Fair Credit Reporting Act, section 1114(a)(5)(A) of the 
Right to Financial Privacy Act, or section 802(a) of the National 
Security Act of 1947 may, in the United States district court for the 
district in which that person or entity does business or resides, 
petition for an order modifying or setting aside the request. The court 
may modify or set aside the request if compliance would be unreasonable, 
oppressive, or otherwise unlawful.
    ``(b)(1) The recipient of a request for records, a report, or other 
information under section 2709(b) of this title, section 626(a) or (b) 
or 627(a) of the Fair Credit Reporting Act, section 1114(a)(5)(A) of the 
Right to Financial Privacy Act, or section 802(a) of the National 
Security Act of 1947, may petition any court described in subsection (a) 
for an order modifying or setting aside a nondisclosure requirement 
imposed in connection with such a request.
    ``(2) If the petition is filed within one year of the request for 
records, a report, or other information under section 2709(b) of this 
title, section 626(a) or (b) or 627(a) of the Fair Credit Reporting Act, 
section 1114(a)(5)(A) of the Right to Financial Privacy Act, or section 
802(a) of the National Security Act of 1947,

[[Page 120 STAT. 212]]

the court may modify or set aside such a nondisclosure requirement if it 
finds that there is no reason to believe that disclosure may endanger 
the national security of the United States, interfere with a criminal, 
counterterrorism, or counterintelligence investigation, interfere with 
diplomatic relations, or endanger the life or physical safety of any 
person. If, at the time of the petition, the Attorney General, Deputy 
Attorney General, an Assistant Attorney General, or the Director of the 
Federal Bureau of Investigation, or in the case of a request by a 
department, agency, or instrumentality of the Federal Government other 
than the Department of Justice, the head or deputy head of such 
department, agency, or instrumentality, certifies that disclosure may 
endanger the national security of the United States or interfere with 
diplomatic relations, such certification shall be treated as conclusive 
unless the court finds that the certification was made in bad faith.
    ``(3) If the petition is filed one year or more after the request 
for records, a report, or other information under section 2709(b) of 
this title, section 626(a) or (b) or 627(a) of the Fair Credit Reporting 
Act, section 1114(a)(5)(A) of the Right to Financial Privacy Act, or 
section 802(a) of the National Security Act of 1947, the Attorney 
General, Deputy Attorney General, an Assistant Attorney General, or the 
Director of the Federal Bureau of Investigation, or his designee in a 
position not lower than Deputy Assistant Director at Bureau headquarters 
or a Special Agent in Charge in a Bureau field office designated by the 
Director, or in the case of a request by a department, agency, or 
instrumentality of the Federal Government other than the Federal Bureau 
of Investigation, the head or deputy head of such department, agency, or 
instrumentality, within ninety days of the filing of the petition, shall 
either terminate the nondisclosure requirement or re-certify that 
disclosure may result in a danger to the national security of the United 
States, interference with a criminal, counterterrorism, or 
counterintelligence investigation, interference with diplomatic 
relations, or danger to the life or physical safety of any person. In 
the event of re-certification, the court may modify or set aside such a 
nondisclosure requirement if it finds that there is no reason to believe 
that disclosure may endanger the national security of the United States, 
interfere with a criminal, counterterrorism, or counterintelligence 
investigation, interfere with diplomatic relations, or endanger the life 
or physical safety of any person. If the recertification that disclosure 
may endanger the national security of the United States or interfere 
with diplomatic relations is made by the Attorney General, Deputy 
Attorney General, an Assistant Attorney General, or the Director of the 
Federal Bureau of Investigation, such certification shall be treated as 
conclusive unless the court finds that the recertification was made in 
bad faith. If the court denies a petition for an order modifying or 
setting aside a nondisclosure requirement under this paragraph, the 
recipient shall be precluded for a period of one year from filing 
another petition to modify or set aside such nondisclosure requirement.
    ``(c) In the case of a failure to comply with a request for records, 
a report, or other information made to any person or entity under 
section 2709(b) of this title, section 626(a) or (b) or 627(a) of the 
Fair Credit Reporting Act, section 1114(a)(5)(A) of the Right to 
Financial Privacy Act, or section 802(a) of the National Security Act of 
1947, the Attorney General may invoke

[[Page 120 STAT. 213]]

the aid of any district court of the United States within the 
jurisdiction in which the investigation is carried on or the person or 
entity resides, carries on business, or may be found, to compel 
compliance with the request. The court may issue an order requiring the 
person or entity to comply with the request. Any failure to obey the 
order of the court may be punished by the court as contempt thereof. Any 
process under this section may be served in any judicial district in 
which the person or entity may be found.
    ``(d) In all proceedings under this section, subject to any right to 
an open hearing in a contempt proceeding, the court must close any 
hearing to the extent necessary to prevent an unauthorized disclosure of 
a request for records, a report, or other information made to any person 
or entity under section 2709(b) of this title, section 626(a) or (b) or 
627(a) of the Fair Credit Reporting Act, section 1114(a)(5)(A) of the 
Right to Financial Privacy Act, or section 802(a) of the National 
Security Act of 1947. Petitions, filings, records, orders, and subpoenas 
must also be kept under seal to the extent and as long as necessary to 
prevent the unauthorized disclosure of a request for records, a report, 
or other information made to any person or entity under section 2709(b) 
of this title, section 626(a) or (b) or 627(a) of the Fair Credit 
Reporting Act, section 1114(a)(5)(A) of the Right to Financial Privacy 
Act, or section 802(a) of the National Security Act of 1947.
    ``(e) In all proceedings under this section, the court shall, upon 
request of the government, review ex parte and in camera any government 
submission or portions thereof, which may include classified 
information.''.

SEC. 116. CONFIDENTIALITY OF NATIONAL SECURITY LETTERS.

    (a) Section 2709(c) of title 18, United States Code, is amended to 
read:
    ``(c) Prohibition of Certain Disclosure.--
            ``(1) If the Director of the Federal Bureau of 
        Investigation, or his designee in a position not lower than 
        Deputy Assistant Director at Bureau headquarters or a Special 
        Agent in Charge in a Bureau field office designated by the 
        Director, certifies that otherwise there may result a danger to 
        the national security of the United States, interference with a 
        criminal, counterterrorism, or counterintelligence 
        investigation, interference with diplomatic relations, or danger 
        to the life or physical safety of any person, no wire or 
        electronic communications service provider, or officer, 
        employee, or agent thereof, shall disclose to any person (other 
        than those to whom such disclosure is necessary to comply with 
        the request or an attorney to obtain legal advice or legal 
        assistance with respect to the request) that the Federal Bureau 
        of Investigation has sought or obtained access to information or 
        records under this section.
            ``(2) <<NOTE: Notification.>> The request shall notify the 
        person or entity to whom the request is directed of the 
        nondisclosure requirement under paragraph (1).
            ``(3) Any recipient disclosing to those persons necessary to 
        comply with the request or to an attorney to obtain legal advice 
        or legal assistance with respect to the request shall inform 
        such person of any applicable nondisclosure requirement. Any 
        person who receives a disclosure under this subsection shall be 
        subject to the same prohibitions on disclosure under paragraph 
        (1).

[[Page 120 STAT. 214]]

            ``(4) At the request of the Director of the Federal Bureau 
        of Investigation or the designee of the Director, any person 
        making or intending to make a disclosure under this section 
        shall identify to the Director or such designee the person to 
        whom such disclosure will be made or to whom such disclosure was 
        made prior to the request, but in no circumstance shall a person 
        be required to inform the Director or such designee that the 
        person intends to consult an attorney to obtain legal advice or 
        legal assistance.''.

    (b) Section 626(d) of the Fair Credit Reporting Act (15 U.S.C. 
1681u(d)) is amended to read:
    ``(d) Confidentiality.--
            ``(1) If the Director of the Federal Bureau of 
        Investigation, or his designee in a position not lower than 
        Deputy Assistant Director at Bureau headquarters or a Special 
        Agent in Charge in a Bureau field office designated by the 
        Director, certifies that otherwise there may result a danger to 
        the national security of the United States, interference with a 
        criminal, counterterrorism, or counterintelligence 
        investigation, interference with diplomatic relations, or danger 
        to the life or physical safety of any person, no consumer 
        reporting agency or officer, employee, or agent of a consumer 
        reporting agency shall disclose to any person (other than those 
        to whom such disclosure is necessary to comply with the request 
        or an attorney to obtain legal advice or legal assistance with 
        respect to the request) that the Federal Bureau of Investigation 
        has sought or obtained the identity of financial institutions or 
        a consumer report respecting any consumer under subsection (a), 
        (b), or (c), and no consumer reporting agency or officer, 
        employee, or agent of a consumer reporting agency shall include 
        in any consumer report any information that would indicate that 
        the Federal Bureau of Investigation has sought or obtained such 
        information on a consumer report.
            ``(2) <<NOTE: Notification.>> The request shall notify the 
        person or entity to whom the request is directed of the 
        nondisclosure requirement under paragraph (1).
            ``(3) Any recipient disclosing to those persons necessary to 
        comply with the request or to an attorney to obtain legal advice 
        or legal assistance with respect to the request shall inform 
        such persons of any applicable nondisclosure requirement. Any 
        person who receives a disclosure under this subsection shall be 
        subject to the same prohibitions on disclosure under paragraph 
        (1).
            ``(4) At the request of the Director of the Federal Bureau 
        of Investigation or the designee of the Director, any person 
        making or intending to make a disclosure under this section 
        shall identify to the Director or such designee the person to 
        whom such disclosure will be made or to whom such disclosure was 
        made prior to the request, but in no circumstance shall a person 
        be required to inform the Director or such designee that the 
        person intends to consult an attorney to obtain legal advice or 
        legal assistance.''.

    (c) Section 627(c) of the Fair Credit Reporting Act (15 U.S.C. 
1681v(c)) is amended to read:
    ``(c) Confidentiality.--
            ``(1) If the head of a government agency authorized to 
        conduct investigations of intelligence or counterintelligence

[[Page 120 STAT. 215]]

        activities or analysis related to international terrorism, or 
        his designee, certifies that otherwise there may result a danger 
        to the national security of the United States, interference with 
        a criminal, counterterrorism, or counterintelligence 
        investigation, interference with diplomatic relations, or danger 
        to the life or physical safety of any person, no consumer 
        reporting agency or officer, employee, or agent of such consumer 
        reporting agency, shall disclose to any person (other than those 
        to whom such disclosure is necessary to comply with the request 
        or an attorney to obtain legal advice or legal assistance with 
        respect to the request), or specify in any consumer report, that 
        a government agency has sought or obtained access to information 
        under subsection (a).
            ``(2) <<NOTE: Notification.>> The request shall notify the 
        person or entity to whom the request is directed of the 
        nondisclosure requirement under paragraph (1).
            ``(3) Any recipient disclosing to those persons necessary to 
        comply with the request or to any attorney to obtain legal 
        advice or legal assistance with respect to the request shall 
        inform such persons of any applicable nondisclosure requirement. 
        Any person who receives a disclosure under this subsection shall 
        be subject to the same prohibitions on disclosure under 
        paragraph (1).
            ``(4) At the request of the authorized Government agency, 
        any person making or intending to make a disclosure under this 
        section shall identify to the requesting official of the 
        authorized Government agency the person to whom such disclosure 
        will be made or to whom such disclosure was made prior to the 
        request, but in no circumstance shall a person be required to 
        inform such requesting official that the person intends to 
        consult an attorney to obtain legal advice or legal 
        assistance.''.

    (d) Section 1114(a)(3) of the Right to Financial Privacy Act (12 
U.S.C. 3414(a)(3)) is amended to read as follows:
            ``(3)(A) If the Government authority described in paragraph 
        (1) or the Secret Service, as the case may be, certifies that 
        otherwise there may result a danger to the national security of 
        the United States, interference with a criminal, 
        counterterrorism, or counterintelligence investigation, 
        interference with diplomatic relations, or danger to the life or 
        physical safety of any person, no financial institution, or 
        officer, employee, or agent of such institution, shall disclose 
        to any person (other than those to whom such disclosure is 
        necessary to comply with the request or an attorney to obtain 
        legal advice or legal assistance with respect to the request) 
        that the Government authority or the Secret Service has sought 
        or obtained access to a customer's financial records.
            ``(B) <<NOTE: Notification.>> The request shall notify the 
        person or entity to whom the request is directed of the 
        nondisclosure requirement under subparagraph (A).
            ``(C) Any recipient disclosing to those persons necessary to 
        comply with the request or to an attorney to obtain legal advice 
        or legal assistance with respect to the request shall inform 
        such persons of any applicable nondisclosure requirement. Any 
        person who receives a disclosure under this subsection shall be 
        subject to the same prohibitions on disclosure under 
        subparagraph (A).

[[Page 120 STAT. 216]]

            ``(D) At the request of the authorized Government agency or 
        the Secret Service, any person making or intending to make a 
        disclosure under this section shall identify to the requesting 
        official of the authorized Government agency or the Secret 
        Service the person to whom such disclosure will be made or to 
        whom such disclosure was made prior to the request, but in no 
        circumstance shall a person be required to inform such 
        requesting official that the person intends to consult an 
        attorney to obtain legal advice or legal assistance.''.

    (e) Section 1114(a)(5)(D) of the Right to Financial Privacy Act (12 
U.S.C. 3414(a)(5)(D)) is amended to read:
                    ``(D) Prohibition of certain disclosure.--
                          ``(i) If the Director of the Federal Bureau of 
                      Investigation, or his designee in a position not 
                      lower than Deputy Assistant Director at Bureau 
                      headquarters or a Special Agent in Charge in a 
                      Bureau field office designated by the Director, 
                      certifies that otherwise there may result a danger 
                      to the national security of the United States, 
                      interference with a criminal, counterterrorism, or 
                      counterintelligence investigation, interference 
                      with diplomatic relations, or danger to the life 
                      or physical safety of any person, no financial 
                      institution, or officer, employee, or agent of 
                      such institution, shall disclose to any person 
                      (other than those to whom such disclosure is 
                      necessary to comply with the request or an 
                      attorney to obtain legal advice or legal 
                      assistance with respect to the request) that the 
                      Federal Bureau of Investigation has sought or 
                      obtained access to a customer's or entity's 
                      financial records under subparagraph (A).
                          ``(ii) <<NOTE: Notification.>> The request 
                      shall notify the person or entity to whom the 
                      request is directed of the nondisclosure 
                      requirement under clause (i).
                          ``(iii) Any recipient disclosing to those 
                      persons necessary to comply with the request or to 
                      an attorney to obtain legal advice or legal 
                      assistance with respect to the request shall 
                      inform such persons of any applicable 
                      nondisclosure requirement. Any person who receives 
                      a disclosure under this subsection shall be 
                      subject to the same prohibitions on disclosure 
                      under clause (i).
                          ``(iv) At the request of the Director of the 
                      Federal Bureau of Investigation or the designee of 
                      the Director, any person making or intending to 
                      make a disclosure under this section shall 
                      identify to the Director or such designee the 
                      person to whom such disclosure will be made or to 
                      whom such disclosure was made prior to the 
                      request, but in no circumstance shall a person be 
                      required to inform the Director or such designee 
                      that the person intends to consult an attorney to 
                      obtain legal advice or legal assistance.''.

    (f) Section 802(b) of the National Security Act of 1947 (50 U.S.C. 
436(b)) is amended to read as follows:
    ``(b) Prohibition of Certain Disclosure.--
            ``(1) If an authorized investigative agency described in 
        subsection (a) certifies that otherwise there may result a 
        danger to the national security of the United States, 
        interference with

[[Page 120 STAT. 217]]

        a criminal, counterterrorism, or counterintelligence 
        investigation, interference with diplomatic relations, or danger 
        to the life or physical safety of any person, no governmental or 
        private entity, or officer, employee, or agent of such entity, 
        may disclose to any person (other than those to whom such 
        disclosure is necessary to comply with the request or an 
        attorney to obtain legal advice or legal assistance with respect 
        to the request) that such entity has received or satisfied a 
        request made by an authorized investigative agency under this 
        section.
            ``(2) <<NOTE: Notification.>> The request shall notify the 
        person or entity to whom the request is directed of the 
        nondisclosure requirement under paragraph (1).
            ``(3) Any recipient disclosing to those persons necessary to 
        comply with the request or to an attorney to obtain legal advice 
        or legal assistance with respect to the request shall inform 
        such persons of any applicable nondisclosure requirement. Any 
        person who receives a disclosure under this subsection shall be 
        subject to the same prohibitions on disclosure under paragraph 
        (1).
            ``(4) At the request of the authorized investigative agency, 
        any person making or intending to make a disclosure under this 
        section shall identify to the requesting official of the 
        authorized investigative agency the person to whom such 
        disclosure will be made or to whom such disclosure was made 
        prior to the request, but in no circumstance shall a person be 
        required to inform such official that the person intends to 
        consult an attorney to obtain legal advice or legal 
        assistance.''.

SEC. 117. VIOLATIONS OF NONDISCLOSURE PROVISIONS OF NATIONAL SECURITY 
            LETTERS.

    Section 1510 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(e) Whoever, having been notified of the applicable disclosure 
prohibitions or confidentiality requirements of section 2709(c)(1) of 
this title, section 626(d)(1) or 627(c)(1) of the Fair Credit Reporting 
Act (15 U.S.C. 1681u(d)(1) or 1681v(c)(1)), section 1114(a)(3)(A) or 
1114(a)(5)(D)(i) of the Right to Financial Privacy Act (12 U.S.C. 
3414(a)(3)(A) or 3414(a)(5)(D)(i)), or section 802(b)(1) of the National 
Security Act of 1947 (50 U.S.C. 436(b)(1)), knowingly and with the 
intent to obstruct an investigation or judicial proceeding violates such 
prohibitions or requirements applicable by law to such person shall be 
imprisoned for not more than five years, fined under this title, or 
both.''.

SEC. 118. <<NOTE: 18 USC 3511 note.>> REPORTS ON NATIONAL SECURITY 
            LETTERS.

    (a) Existing Reports.--Any report made to a committee of Congress 
regarding national security letters under section 2709(c)(1) of title 
18, United States Code, section 626(d) or 627(c) of the Fair Credit 
Reporting Act (15 U.S.C. 1681u(d) or 1681v(c)), section 1114(a)(3) or 
1114(a)(5)(D) of the Right to Financial Privacy Act (12 U.S.C. 
3414(a)(3) or 3414(a)(5)(D)), or section 802(b) of the National Security 
Act of 1947 (50 U.S.C. 436(b)) shall also be made to the Committees on 
the Judiciary of the House of Representatives and the Senate.
    (b) Enhanced Oversight of Fair Credit Reporting Act Counterterrorism 
National Security Letter.--Section 627 of the Fair Credit Reporting 
Act <<NOTE: 15 USC 1681v.>> (15 U.S.C. 1681(v)) is amended by inserting 
at the end the following new subsection:

[[Page 120 STAT. 218]]

    ``(f) Reports to Congress.--(1) On a semi-annual basis, the Attorney 
General shall fully inform the Committee on the Judiciary, the Committee 
on Financial Services, and the Permanent Select Committee on 
Intelligence of the House of Representatives and the Committee on the 
Judiciary, the Committee on Banking, Housing, and Urban Affairs, and the 
Select Committee on Intelligence of the Senate concerning all requests 
made pursuant to subsection (a).
    ``(2) In the case of the semiannual reports required to be submitted 
under paragraph (1) to the Permanent Select Committee on Intelligence of 
the House of Representatives and the Select Committee on Intelligence of 
the Senate, the submittal dates for such reports shall be as provided in 
section 507 of the National Security Act of 1947 (50 U.S.C. 415b).''.
    (c) Report on Requests for National Security Letters.--
            (1) In general.--In April of each year, the Attorney General 
        shall submit to Congress an aggregate report setting forth with 
        respect to the preceding year the total number of requests made 
        by the Department of Justice for information concerning 
        different United States persons under--
                    (A) section 2709 of title 18, United States Code (to 
                access certain communication service provider records), 
                excluding the number of requests for subscriber 
                information;
                    (B) section 1114 of the Right to Financial Privacy 
                Act (12 U.S.C. 3414) (to obtain financial institution 
                customer records);
                    (C) section 802 of the National Security Act of 1947 
                (50 U.S.C. 436) (to obtain financial information, 
                records, and consumer reports);
                    (D) section 626 of the Fair Credit Reporting Act (15 
                U.S.C. 1681u) (to obtain certain financial information 
                and consumer reports); and
                    (E) section 627 of the Fair Credit Reporting Act (15 
                U.S.C. 1681v) (to obtain credit agency consumer records 
                for counterterrorism investigations).
            (2) Unclassified form.--The report under this section shall 
        be submitted in unclassified form.

    (d) National Security Letter Defined.--In this section, the term 
``national security letter'' means a request for information under one 
of the following provisions of law:
            (1) Section 2709(a) of title 18, United States Code (to 
        access certain communication service provider records).
            (2) Section 1114(a)(5)(A) of the Right to Financial Privacy 
        Act (12 U.S.C. 3414(a)(5)(A)) (to obtain financial institution 
        customer records).
            (3) Section 802 of the National Security Act of 1947 (50 
        U.S.C. 436) (to obtain financial information, records, and 
        consumer reports).
            (4) Section 626 of the Fair Credit Reporting Act (15 U.S.C. 
        1681u) (to obtain certain financial information and consumer 
        reports).
            (5) Section 627 of the Fair Credit Reporting Act (15 U.S.C. 
        1681v) (to obtain credit agency consumer records for 
        counterterrorism investigations).

[[Page 120 STAT. 219]]

SEC. 119. AUDIT OF USE OF NATIONAL SECURITY LETTERS.

    (a) Audit.--The Inspector General of the Department of Justice shall 
perform an audit of the effectiveness and use, including any improper or 
illegal use, of national security letters issued by the Department of 
Justice.
    (b) Requirements.--The audit required under subsection (a) shall 
include--
            (1) an examination of the use of national security letters 
        by the Department of Justice during calendar years 2003 through 
        2006;
            (2) a description of any noteworthy facts or circumstances 
        relating to such use, including any improper or illegal use of 
        such authority; and
            (3) an examination of the effectiveness of national security 
        letters as an investigative tool, including--
                    (A) the importance of the information acquired by 
                the Department of Justice to the intelligence activities 
                of the Department of Justice or to any other department 
                or agency of the Federal Government;
                    (B) the manner in which such information is 
                collected, retained, analyzed, and disseminated by the 
                Department of Justice, including any direct access to 
                such information (such as access to ``raw data'') 
                provided to any other department, agency, or 
                instrumentality of Federal, State, local, or tribal 
                governments or any private sector entity;
                    (C) whether, and how often, the Department of 
                Justice utilized such information to produce an 
                analytical intelligence product for distribution within 
                the Department of Justice, to the intelligence community 
                (as such term is defined in section 3(4) of the National 
                Security Act of 1947 (50 U.S.C. 401a(4))), or to other 
                Federal, State, local, or tribal government departments, 
                agencies, or instrumentalities;
                    (D) whether, and how often, the Department of 
                Justice provided such information to law enforcement 
                authorities for use in criminal proceedings;
                    (E) with respect to national security letters issued 
                following the date of the enactment of this Act, an 
                examination of the number of occasions in which the 
                Department of Justice, or an officer or employee of the 
                Department of Justice, issued a national security letter 
                without the certification necessary to require the 
                recipient of such letter to comply with the 
                nondisclosure and confidentiality requirements 
                potentially applicable under law; and
                    (F) the types of electronic communications and 
                transactional information obtained through requests for 
                information under section 2709 of title 18, United 
                States Code, including the types of dialing, routing, 
                addressing, or signaling information obtained, and the 
                procedures the Department of Justice uses if content 
                information is obtained through the use of such 
                authority.

    (c)  <<NOTE: Reports.>> Submission Dates.--
            (1) Prior years.--Not later than one year after the date of 
        the enactment of this Act, or upon completion of the audit under 
        this section for calendar years 2003 and 2004, whichever is 
        earlier, the Inspector General of the Department of Justice

[[Page 120 STAT. 220]]

        shall submit to the Committee on the Judiciary and the Permanent 
        Select Committee on Intelligence of the House of Representatives 
        and the Committee on the Judiciary and the Select Committee on 
        Intelligence of the Senate a report containing the results of 
        the audit conducted under this subsection for calendar years 
        2003 and 2004.
            (2) Calendar years 2005 and 2006.--Not later than December 
        31, 2007, or upon completion of the audit under this subsection 
        for calendar years 2005 and 2006, whichever is earlier, the 
        Inspector General of the Department of Justice shall submit to 
        the Committee on the Judiciary and the Permanent Select 
        Committee on Intelligence of the House of Representatives and 
        the Committee on the Judiciary and the Select Committee on 
        Intelligence of the Senate a report containing the results of 
        the audit conducted under this subsection for calendar years 
        2005 and 2006.

    (d) Prior Notice to Attorney General and Director of National 
Intelligence; Comments.--
            (1)  <<NOTE: Deadline.>> Notice.--Not less than 30 days 
        before the submission of a report under subsection (c)(1) or 
        (c)(2), the Inspector General of the Department of Justice shall 
        provide such report to the Attorney General and the Director of 
        National Intelligence.
            (2) Comments.--The Attorney General or the Director of 
        National Intelligence may provide comments to be included in the 
        reports submitted under subsection (c)(1) or (c)(2) as the 
        Attorney General or the Director of National Intelligence may 
        consider necessary.

    (e) Unclassified Form.--The reports submitted under subsection 
(c)(1) or (c)(2) and any comments included under subsection (d)(2) shall 
be in unclassified form, but may include a classified annex.
    (f)  <<NOTE: Deadline.>> Minimization Procedures Feasibility.--Not 
later than February 1, 2007, or upon completion of review of the report 
submitted under subsection (c)(1), whichever is earlier, the Attorney 
General and the Director of National Intelligence shall jointly submit 
to the Committee on the Judiciary and the Permanent Select Committee on 
Intelligence of the House of Representatives and the Committee on the 
Judiciary and the Select Committee on Intelligence of the Senate a 
report on the feasibility of applying minimization procedures in the 
context of national security letters to ensure the protection of the 
constitutional rights of United States persons.

    (g) National Security Letter Defined.--In this section, the term 
``national security letter'' means a request for information under one 
of the following provisions of law:
            (1) Section 2709(a) of title 18, United States Code (to 
        access certain communication service provider records).
            (2) Section 1114(a)(5)(A) of the Right to Financial Privacy 
        Act (12 U.S.C. 3414(a)(5)(A)) (to obtain financial institution 
        customer records).
            (3) Section 802 of the National Security Act of 1947 (50 
        U.S.C. 436) (to obtain financial information, records, and 
        consumer reports).
            (4) Section 626 of the Fair Credit Reporting Act (15 U.S.C. 
        1681u) (to obtain certain financial information and consumer 
        reports).

[[Page 120 STAT. 221]]

            (5) Section 627 of the Fair Credit Reporting Act (15 U.S.C. 
        1681v) (to obtain credit agency consumer records for 
        counterterrorism investigations).

SEC. 120. DEFINITION FOR FORFEITURE PROVISIONS UNDER SECTION 806 OF THE 
            USA PATRIOT ACT.

    Section 981(a)(1)(G) of title 18, United States Code, is amended--
            (1) in clause (i), by striking ``act of international or 
        domestic terrorism (as defined in section 2331)'' and inserting 
        ``any Federal crime of terrorism (as defined in section 
        2332b(g)(5))'';
            (2) in clause (ii), by striking ``an act of international or 
        domestic terrorism (as defined in section 2331)'' with ``any 
        Federal crime of terrorism (as defined in section 2332b(g)(5)''; 
        and
            (3) in clause (iii), by striking ``act of international or 
        domestic terrorism (as defined in section 2331)'' and inserting 
        ``Federal crime of terrorism (as defined in section 
        2332b(g)(5))''.

SEC. 121. PENAL PROVISIONS REGARDING TRAFFICKING IN CONTRABAND 
            CIGARETTES OR SMOKELESS TOBACCO.

    (a) Threshold Quantity for Treatment as Contraband Cigarettes.--(1) 
Section 2341(2) of title 18, United States Code, is amended by striking 
``60,000 cigarettes'' and inserting ``10,000 cigarettes''.
    (2) Section 2342(b) of that title is amended by striking ``60,000'' 
and inserting ``10,000''.
    (3) Section 2343 of that title is amended--
            (A) in subsection (a), by striking ``60,000'' and inserting 
        ``10,000''; and
            (B) in subsection (b), by striking ``60,000'' and inserting 
        ``10,000''.

    (b) Contraband Smokeless Tobacco.--(1) Section 2341 of that title is 
amended--
            (A) in paragraph (4), by striking ``and'' at the end;
            (B) in paragraph (5), by striking the period at the end and 
        inserting a semicolon; and
            (C) by adding at the end the following new paragraphs:
            ``(6) the term `smokeless tobacco' means any finely cut, 
        ground, powdered, or leaf tobacco that is intended to be placed 
        in the oral or nasal cavity or otherwise consumed without being 
        combusted;
            ``(7) the term `contraband smokeless tobacco' means a 
        quantity in excess of 500 single-unit consumer-sized cans or 
        packages of smokeless tobacco, or their equivalent, that are in 
        the possession of any person other than--
                    ``(A) a person holding a permit issued pursuant to 
                chapter 52 of the Internal Revenue Code of 1986 as 
                manufacturer of tobacco products or as an export 
                warehouse proprietor, a person operating a customs 
                bonded warehouse pursuant to section 311 or 555 of the 
                Tariff Act of 1930 (19 U.S.C. 1311, 1555), or an agent 
                of such person;
                    ``(B) a common carrier transporting such smokeless 
                tobacco under a proper bill of lading or freight bill 
                which states the quantity, source, and designation of 
                such smokeless tobacco;
                    ``(C) a person who--

[[Page 120 STAT. 222]]

                          ``(i) is licensed or otherwise authorized by 
                      the State where such smokeless tobacco is found to 
                      engage in the business of selling or distributing 
                      tobacco products; and
                          ``(ii) has complied with the accounting, tax, 
                      and payment requirements relating to such license 
                      or authorization with respect to such smokeless 
                      tobacco; or
                    ``(D) an officer, employee, or agent of the United 
                States or a State, or any department, agency, or 
                instrumentality of the United States or a State 
                (including any political subdivision of a State), having 
                possession of such smokeless tobacco in connection with 
                the performance of official duties;''.

    (2) Section 2342(a) of that title is amended by inserting ``or 
contraband smokeless tobacco'' after ``contraband cigarettes''.
    (3) Section 2343(a) of that title is amended by inserting ``, or any 
quantity of smokeless tobacco in excess of 500 single-unit consumer-
sized cans or packages,'' before ``in a single transaction''.
    (4) Section 2344(c) of that title is amended by inserting ``or 
contraband smokeless tobacco'' after ``contraband cigarettes''.
    (5) Section 2345 of that title is amended by inserting ``or 
smokeless tobacco'' after ``cigarettes'' each place it appears.
    (6) Section 2341 of that title is further amended in paragraph (2), 
as amended by subsection (a)(1) of this section, in the matter preceding 
subparagraph (A), by striking ``State cigarette taxes in the State where 
such cigarettes are found, if the State'' and inserting ``State or local 
cigarette taxes in the State or locality where such cigarettes are 
found, if the State or local government''.
    (c) Recordkeeping, Reporting, and Inspection.--Section 2343 of that 
title, as amended by this section, is further amended--
            (1) in subsection (a)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``only--'' and inserting ``such information as 
                the Attorney General considers appropriate for purposes 
                of enforcement of this chapter, including--''; and
                    (B) in the flush matter following paragraph (3), by 
                striking the second sentence;
            (2) by redesignating subsection (b) as subsection (c);
            (3) by inserting after subsection (a) the following new 
        subsection (b):

    ``(b) Any person, except for a tribal government, who engages in a 
delivery sale, and who ships, sells, or distributes any quantity in 
excess of 10,000 cigarettes, or any quantity in excess of 500 single-
unit consumer-sized cans or packages of smokeless tobacco, or their 
equivalent, within a single month, shall submit to the Attorney General, 
pursuant to rules or regulations prescribed by the Attorney General, a 
report that sets forth the following:
            ``(1) The person's beginning and ending inventory of 
        cigarettes and cans or packages of smokeless tobacco (in total) 
        for such month.
            ``(2) The total quantity of cigarettes and cans or packages 
        of smokeless tobacco that the person received within such month 
        from each other person (itemized by name and address).
            ``(3) The total quantity of cigarettes and cans or packages 
        of smokeless tobacco that the person distributed within such

[[Page 120 STAT. 223]]

        month to each person (itemized by name and address) other than a 
        retail purchaser.''; and
            (4) by adding at the end the following new subsections:

    ``(d) Any report required to be submitted under this chapter to the 
Attorney General shall also be submitted to the Secretary of the 
Treasury and to the attorneys general and the tax administrators of the 
States from where the shipments, deliveries, or distributions both 
originated and concluded.
    ``(e) In this section, the term `delivery sale' means any sale of 
cigarettes or smokeless tobacco in interstate commerce to a consumer 
if--
            ``(1) the consumer submits the order for such sale by means 
        of a telephone or other method of voice transmission, the mails, 
        or the Internet or other online service, or by any other means 
        where the consumer is not in the same physical location as the 
        seller when the purchase or offer of sale is made; or
            ``(2) the cigarettes or smokeless tobacco are delivered by 
        use of the mails, common carrier, private delivery service, or 
        any other means where the consumer is not in the same physical 
        location as the seller when the consumer obtains physical 
        possession of the cigarettes or smokeless tobacco.

    ``(f) In this section, the term `interstate commerce' means commerce 
between a State and any place outside the State, or commerce between 
points in the same State but through any place outside the State.''.
    (d) Disposal or Use of Forfeited Cigarettes and Smokeless Tobacco.--
Section 2344(c) of that title, as amended by this section, is further 
amended by striking ``seizure and forfeiture,'' and all that follows and 
inserting ``seizure and forfeiture. The provisions of chapter 46 of 
title 18 relating to civil forfeitures shall extend to any seizure or 
civil forfeiture under this section. Any cigarettes or smokeless tobacco 
so seized and forfeited shall be either--
            ``(1) destroyed and not resold; or
            ``(2) used for undercover investigative operations for the 
        detection and prosecution of crimes, and then destroyed and not 
        resold.''.

    (e) Effect on State and Local Law.--Section 2345 of that title is 
amended--
            (1) in subsection (a), by striking ``a State to enact and 
        enforce'' and inserting ``a State or local government to enact 
        and enforce its own''; and
            (2) in subsection (b), by striking ``of States, through 
        interstate compact or otherwise, to provide for the 
        administration of State'' and inserting ``of State or local 
        governments, through interstate compact or otherwise, to provide 
        for the administration of State or local''.

    (f) Enforcement.--Section 2346 of that title is amended--
            (1) by inserting ``(a)'' before ``The Attorney General''; 
        and
            (2) by adding at the end the following new subsection:

    ``(b)(1) A State, through its attorney general, a local government, 
through its chief law enforcement officer (or a designee thereof), or 
any person who holds a permit under chapter 52 of the Internal Revenue 
Code of 1986, may bring an action in the United States district courts 
to prevent and restrain violations of this chapter by any person (or by 
any person controlling such person), except that any person who holds a 
permit under chapter 52 of the Internal

[[Page 120 STAT. 224]]

Revenue Code of 1986 may not bring such an action against a State or 
local government. No civil action may be commenced under this paragraph 
against an Indian tribe or an Indian in Indian country (as defined in 
section 1151).
    ``(2) A State, through its attorney general, or a local government, 
through its chief law enforcement officer (or a designee thereof), may 
in a civil action under paragraph (1) also obtain any other appropriate 
relief for violations of this chapter from any person (or by any person 
controlling such person), including civil penalties, money damages, and 
injunctive or other equitable relief. Nothing in this chapter shall be 
deemed to abrogate or constitute a waiver of any sovereign immunity of a 
State or local government, or an Indian tribe against any unconsented 
lawsuit under this chapter, or otherwise to restrict, expand, or modify 
any sovereign immunity of a State or local government, or an Indian 
tribe.
    ``(3) The remedies under paragraphs (1) and (2) are in addition to 
any other remedies under Federal, State, local, or other law.
    ``(4) Nothing in this chapter shall be construed to expand, 
restrict, or otherwise modify any right of an authorized State official 
to proceed in State court, or take other enforcement actions, on the 
basis of an alleged violation of State or other law.
    ``(5) Nothing in this chapter shall be construed to expand, 
restrict, or otherwise modify any right of an authorized local 
government official to proceed in State court, or take other enforcement 
actions, on the basis of an alleged violation of local or other law.''.
    (g) Conforming and Clerical Amendments.--(1) The section heading for 
section 2343 of that title is amended to read as follows:

``Sec. 2343. Recordkeeping, reporting, and inspection''.

    (2) The section heading for section 2345 of such title is amended to 
read as follows:

``Sec. 2345. Effect on State and local law''.

    (3) The table of sections at the beginning of chapter 114 of that 
title is amended--
            (A) by striking the item relating to section 2343 and 
        inserting the following new item:

``2343. Recordkeeping, reporting, and inspection.'';

        and
            (B) by striking the item relating to section 2345 and 
        inserting the following new item:

``2345. Effect on State and local law.''.

    (4)(A) The heading for chapter 114 of that title is amended to read 
as follows:

   ``CHAPTER 114--TRAFFICKING IN CONTRABAND CIGARETTES AND SMOKELESS 
                               TOBACCO''.

    (B) The table of chapters at the beginning of part I of that title 
is amended by striking the item relating to section 114 and inserting 
the following new item:

``114. Trafficking in contraband cigarettes and smokeless tobacc2341.''.

[[Page 120 STAT. 225]]

SEC. 122. PROHIBITION OF NARCO-TERRORISM.

    Part A of the Controlled Substance Import and Export Act (21 U.S.C. 
951 et seq.) is amended by inserting after section 1010 the following:


     ``Foreign terrorist organizations, terrorist persons and groups


                            ``Prohibited Acts

    ``Sec. 1010A. <<NOTE: 21 USC 960a.>>  (a) Whoever engages in conduct 
that would be punishable under section 841(a) of this title if committed 
within the jurisdiction of the United States, or attempts or conspires 
to do so, knowing or intending to provide, directly or indirectly, 
anything of pecuniary value to any person or organization that has 
engaged or engages in terrorist activity (as defined in section 
212(a)(3)(B) of the Immigration and Nationality Act) or terrorism (as 
defined in section 140(d)(2) of the Foreign Relations Authorization Act, 
Fiscal Years 1988 and 1989), shall be sentenced to a term of 
imprisonment of not less than twice the minimum punishment under section 
841(b)(1), and not more than life, a fine in accordance with the 
provisions of title 18, United States Code, or both. Notwithstanding 
section 3583 of title 18, United States Code, any sentence imposed under 
this subsection shall include a term of supervised release of at least 5 
years in addition to such term of imprisonment.

                             ``Jurisdiction

    ``(b) There is jurisdiction over an offense under this section if--
            ``(1) the prohibited drug activity or the terrorist offense 
        is in violation of the criminal laws of the United States;
            ``(2) the offense, the prohibited drug activity, or the 
        terrorist offense occurs in or affects interstate or foreign 
        commerce;
            ``(3) an offender provides anything of pecuniary value for a 
        terrorist offense that causes or is designed to cause death or 
        serious bodily injury to a national of the United States while 
        that national is outside the United States, or substantial 
        damage to the property of a legal entity organized under the 
        laws of the United States (including any of its States, 
        districts, commonwealths, territories, or possessions) while 
        that property is outside of the United States;
            ``(4) the offense or the prohibited drug activity occurs in 
        whole or in part outside of the United States (including on the 
        high seas), and a perpetrator of the offense or the prohibited 
        drug activity is a national of the United States or a legal 
        entity organized under the laws of the United States (including 
        any of its States, districts, commonwealths, territories, or 
        possessions); or
            ``(5) after the conduct required for the offense occurs an 
        offender is brought into or found in the United States, even if 
        the conduct required for the offense occurs outside the United 
        States.

[[Page 120 STAT. 226]]

                          ``Proof Requirements

    ``(c) To violate subsection (a), a person must have knowledge that 
the person or organization has engaged or engages in terrorist activity 
(as defined in section 212(a)(3)(B) of the Immigration and Nationality 
Act) or terrorism (as defined in section 140(d)(2) of the Foreign 
Relations Authorization Act, Fiscal Years 1988 and 1989).

                              ``Definition

    ``(d) As used in this section, the term `anything of pecuniary 
value' has the meaning given the term in section 1958(b)(1) of title 18, 
United States Code.''.

SEC. 123. INTERFERING WITH THE OPERATION OF AN AIRCRAFT.

    Section 32 of title 18, United States Code, is amended--
            (1) in subsection (a), by redesignating paragraphs (5), (6), 
        and (7) as paragraphs (6), (7), and (8) respectively;
            (2) by inserting after paragraph (4) of subsection (a), the 
        following:
            ``(5) interferes with or disables, with intent to endanger 
        the safety of any person or with a reckless disregard for the 
        safety of human life, anyone engaged in the authorized operation 
        of such aircraft or any air navigation facility aiding in the 
        navigation of any such aircraft;'';
            (3) in subsection (a)(8), by striking ``paragraphs (1) 
        through (6)'' and inserting ``paragraphs (1) through (7)''; and
            (4) in subsection (c), by striking ``paragraphs (1) through 
        (5)'' and inserting ``paragraphs (1) through (6)''.

SEC. 124. SENSE OF CONGRESS RELATING TO LAWFUL POLITICAL ACTIVITY.

    It is the sense of Congress that government should not investigate 
an American citizen solely on the basis of the citizen's membership in a 
non-violent political organization or the fact that the citizen was 
engaging in other lawful political activity.

SEC. 125. <<NOTE: 15 USC 2233.>>  REMOVAL OF CIVIL LIABILITY BARRIERS 
            THAT DISCOURAGE THE DONATION OF FIRE EQUIPMENT TO VOLUNTEER 
            FIRE COMPANIES.

    (a) Liability Protection.--A person who donates qualified fire 
control or rescue equipment to a volunteer fire company shall not be 
liable for civil damages under any State or Federal law for personal 
injuries, property damage or loss, or death caused by the equipment 
after the donation.
    (b) Exceptions.--Subsection (a) does not apply to a person if--
            (1) the person's act or omission causing the injury, damage, 
        loss, or death constitutes gross negligence or intentional 
        misconduct;
            (2) the person is the manufacturer of the qualified fire 
        control or rescue equipment; or
            (3) the person or agency modified or altered the equipment 
        after it had been recertified by an authorized technician as 
        meeting the manufacturer's specifications.

    (c) Preemption.--This section preempts the laws of any State to the 
extent that such laws are inconsistent with this section,

[[Page 120 STAT. 227]]

except that notwithstanding subsection (b) this section shall not 
preempt any State law that provides additional protection from liability 
for a person who donates fire control or fire rescue equipment to a 
volunteer fire company.
    (d) Definitions.--In this section:
            (1) Person.--The term ``person'' includes any governmental 
        or other entity.
            (2) Fire control or rescue equipment.--The term ``fire 
        control or fire rescue equipment'' includes any fire vehicle, 
        fire fighting tool, communications equipment, protective gear, 
        fire hose, or breathing apparatus.
            (3) Qualified fire control or rescue equipment.--The term 
        ``qualified fire control or rescue equipment'' means fire 
        control or fire rescue equipment that has been recertified by an 
        authorized technician as meeting the manufacturer's 
        specifications.
            (4) State.--The term ``State'' includes the several States, 
        the District of Columbia, the Commonwealth of Puerto Rico, the 
        Commonwealth of the Northern Mariana Islands, American Samoa, 
        Guam, the Virgin Islands, any other territory or possession of 
        the United States, and any political subdivision of any such 
        State, territory, or possession.
            (5) Volunteer fire company.--The term ``volunteer fire 
        company'' means an association of individuals who provide fire 
        protection and other emergency services, where at least 30 
        percent of the individuals receive little or no compensation 
        compared with an entry level full-time paid individual in that 
        association or in the nearest such association with an entry 
        level full-time paid individual.
            (6) Authorized technician.--The term ``authorized 
        technician'' means a technician who has been certified by the 
        manufacturer of fire control or fire rescue equipment to inspect 
        such equipment. The technician need not be employed by the State 
        or local agency administering the distribution of the fire 
        control or fire rescue equipment.

    (e) Effective Date.--This section applies only to liability for 
injury, damage, loss, or death caused by equipment that, for purposes of 
subsection (a), is donated on or after the date that is 30 days after 
the date of the enactment of this section.

SEC. 126. REPORT ON DATA-MINING ACTIVITIES.

    (a) Report.--Not later than one year after the date of the enactment 
of this Act, the Attorney General shall submit to Congress a report on 
any initiative of the Department of Justice that uses or is intended to 
develop pattern-based data-mining technology, including, for each such 
initiative, the following information:
            (1) A thorough description of the pattern-based data-mining 
        technology consistent with the protection of existing patents, 
        proprietary business processes, trade secrets, and intelligence 
        sources and methods.
            (2) A thorough discussion of the plans for the use of such 
        technology and the target dates for the deployment of the 
        pattern-based data-mining technology.
            (3) An assessment of the likely efficacy of the pattern-
        based data-mining technology quality assurance controls to be 
        used in providing accurate and valuable information consistent 
        with the stated plans for the use of the technology.

[[Page 120 STAT. 228]]

            (4) An assessment of the likely impact of the implementation 
        of the pattern-based data-mining technology on privacy and civil 
        liberties.
            (5) A list and analysis of the laws and regulations 
        applicable to the Department of Justice that govern the 
        application of the pattern-based data-mining technology to the 
        information to be collected, reviewed, gathered, and analyzed 
        with the pattern-based data-mining technology.
            (6) A thorough discussion of the policies, procedures, and 
        guidelines of the Department of Justice that are to be developed 
        and applied in the use of such technology for pattern-based 
        data-mining in order to--
                    (A) protect the privacy and due process rights of 
                individuals; and
                    (B) ensure that only accurate information is 
                collected and used or account for the possibility of 
                inaccuracy in that information and guard against harmful 
                consequences of potential inaccuracies.
            (7) Any necessary classified information in an annex that 
        shall be available consistent with national security to the 
        Committee on the Judiciary of both the Senate and the House of 
        Representatives.

    (b) Definitions.--In this section:
            (1) Data-mining.--The term ``data-mining'' means a query or 
        search or other analysis of one or more electronic databases, 
        where--
                    (A) at least one of the databases was obtained from 
                or remains under the control of a non-Federal entity, or 
                the information was acquired initially by another 
                department or agency of the Federal Government for 
                purposes other than intelligence or law enforcement;
                    (B) the search does not use personal identifiers of 
                a specific individual or does not utilize inputs that 
                appear on their face to identify or be associated with a 
                specified individual to acquire information; and
                    (C) a department or agency of the Federal Government 
                is conducting the query or search or other analysis to 
                find a pattern indicating terrorist or other criminal 
                activity.
            (2) Database.--The term ``database'' does not include 
        telephone directories, information publicly available via the 
        Internet or available by any other means to any member of the 
        public, any databases maintained, operated, or controlled by a 
        State, local, or tribal government (such as a State motor 
        vehicle database), or databases of judicial and administrative 
        opinions.

SEC. 127. SENSE OF CONGRESS.

    It is the sense of Congress that under section 981 of title 18, 
United States Code, victims of terrorists attacks should have access to 
the assets forfeited.

SEC. 128. USA PATRIOT ACT SECTION 214; AUTHORITY FOR DISCLOSURE OF 
            ADDITIONAL INFORMATION IN CONNECTION WITH ORDERS FOR PEN 
            REGISTER AND TRAP AND TRACE AUTHORITY UNDER FISA.

    (a) Records.--Section 402(d)(2) of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1842(d)(2)) is amended--
            (1) in subparagraph (A)--

[[Page 120 STAT. 229]]

                    (A) in clause (ii), by adding ``and'' at the end; 
                and
                    (B) in clause (iii), by striking the period at the 
                end and inserting a semicolon;
            (2) in subparagraph (B)(iii), by striking the period at the 
        end and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(C) shall direct that, upon the request of the 
                applicant, the provider of a wire or electronic 
                communication service shall disclose to the Federal 
                officer using the pen register or trap and trace device 
                covered by the order--
                          ``(i) in the case of the customer or 
                      subscriber using the service covered by the order 
                      (for the period specified by the order)--
                                    ``(I) the name of the customer or 
                                subscriber;
                                    ``(II) the address of the customer 
                                or subscriber;
                                    ``(III) the telephone or instrument 
                                number, or other subscriber number or 
                                identifier, of the customer or 
                                subscriber, including any temporarily 
                                assigned network address or associated 
                                routing or transmission information;
                                    ``(IV) the length of the provision 
                                of service by such provider to the 
                                customer or subscriber and the types of 
                                services utilized by the customer or 
                                subscriber;
                                    ``(V) in the case of a provider of 
                                local or long distance telephone 
                                service, any local or long distance 
                                telephone records of the customer or 
                                subscriber;
                                    ``(VI) if applicable, any records 
                                reflecting period of usage (or sessions) 
                                by the customer or subscriber; and
                                    ``(VII) any mechanisms and sources 
                                of payment for such service, including 
                                the number of any credit card or bank 
                                account utilized for payment for such 
                                service; and
                          ``(ii) if available, with respect to any 
                      customer or subscriber of incoming or outgoing 
                      communications to or from the service covered by 
                      the order--
                                    ``(I) the name of such customer or 
                                subscriber;
                                    ``(II) the address of such customer 
                                or subscriber;
                                    ``(III) the telephone or instrument 
                                number, or other subscriber number or 
                                identifier, of such customer or 
                                subscriber, including any temporarily 
                                assigned network address or associated 
                                routing or transmission information; and
                                    ``(IV) the length of the provision 
                                of service by such provider to such 
                                customer or subscriber and the types of 
                                services utilized by such customer or 
                                subscriber.''.

    (b) Enhanced Oversight.--Section 406(a) of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1846(a)) is amended by inserting ``, 
and the Committee on the Judiciary of the House of Representatives and 
the Committee on the Judiciary of the Senate,'' after ``of the Senate''.

[[Page 120 STAT. 230]]

     TITLE II-- <<NOTE: Terrorist Death Penalty Enhancement Act of 
2005.>> TERRORIST DEATH PENALTY ENHANCEMENT

SEC. 201. <<NOTE: 18 USC 1 note.>>  SHORT TITLE.

    This title may be cited as the ``Terrorist Death Penalty Enhancement 
Act of 2005''.

             Subtitle A--Terrorist Penalties Enhancement Act

SEC. 211. <<NOTE: 49 USC 46502 note.>> DEATH PENALTY PROCEDURES FOR 
            CERTAIN AIR PIRACY CASES OCCURRING BEFORE ENACTMENT OF THE 
            FEDERAL DEATH PENALTY ACT OF 1994.

    (a) In General.--Section 60003 of the Violent Crime Control and Law 
Enforcement Act of 1994 <<NOTE: 49 USC 46502 note.>> (Public Law 103-
322), is amended, as of the time of its enactment, by adding at the end 
the following:

    ``(c) Death Penalty Procedures for Certain Previous Aircraft Piracy 
Violations.--An individual convicted of violating section 46502 of title 
49, United States Code, or its predecessor, may be sentenced to death in 
accordance with the procedures established in chapter 228 of title 18, 
United States Code, if for any offense committed before the enactment of 
the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 
103-322), but after the enactment of the Antihijacking Act of 1974 
(Public Law 93-366), it is determined by the finder of fact, before 
consideration of the factors set forth in sections 3591(a)(2) and 
3592(a) and (c) of title 18, United States Code, that one or more of the 
factors set forth in former section 46503(c)(2) of title 49, United 
States Code, or its predecessor, has been proven by the Government to 
exist, beyond a reasonable doubt, and that none of the factors set forth 
in former section 46503(c)(1) of title 49, United States Code, or its 
predecessor, has been proven by the defendant to exist, by a 
preponderance of the information. The meaning of the term `especially 
heinous, cruel, or depraved', as used in the factor set forth in former 
section 46503(c)(2)(B)(iv) of title 49, United States Code, or its 
predecessor, shall be narrowed by adding the limiting language `in that 
it involved torture or serious physical abuse to the victim', and shall 
be construed as when that term is used in section 3592(c)(6) of title 
18, United States Code.''.
    (b) Severability Clause.--If any provision of section 60003(b)(2) of 
the Violent Crime and Law Enforcement Act of 1994 (Public Law 103-322), 
or the application thereof to any person or any circumstance is held 
invalid, the remainder of such section and the application of such 
section to other persons or circumstances shall not be affected thereby.

SEC. 212. POSTRELEASE SUPERVISION OF TERRORISTS.

    Section 3583(j) of title 18, United States Code, is amended in 
subsection (j), by striking ``, the commission'' and all that follows 
through ``person,''.

[[Page 120 STAT. 231]]

              Subtitle B--Federal Death Penalty Procedures

SEC. 221. ELIMINATION OF PROCEDURES APPLICABLE ONLY TO CERTAIN 
            CONTROLLED SUBSTANCES ACT CASES.

    Section 408 of the Controlled Substances Act (21 U.S.C. 848) is 
amended--
            (1) in subsection (e)(2), by striking ``(1)(b)'' and 
        inserting ``(1)(B)'';
            (2) by striking subsection (g) and all that follows through 
        subsection (p);
            (3) by striking subsection (r); and
            (4) in subsection (q), by striking paragraphs (1) through 
        (3).

SEC. 222. COUNSEL FOR FINANCIALLY UNABLE DEFENDANTS.

    (a) In General.--Chapter 228 of title 18, United States Code, is 
amended by adding at the end the following new section:

``Sec. 3599. Counsel for financially unable defendants

    ``(a)(1) Notwithstanding any other provision of law to the contrary, 
in every criminal action in which a defendant is charged with a crime 
which may be punishable by death, a defendant who is or becomes 
financially unable to obtain adequate representation or investigative, 
expert, or other reasonably necessary services at any time either--
            ``(A) before judgment; or
            ``(B) after the entry of a judgment imposing a sentence of 
        death but before the execution of that judgment;

shall be entitled to the appointment of one or more attorneys and the 
furnishing of such other services in accordance with subsections (b) 
through (f).
    ``(2) In any post conviction proceeding under section 2254 or 2255 
of title 28, United States Code, seeking to vacate or set aside a death 
sentence, any defendant who is or becomes financially unable to obtain 
adequate representation or investigative, expert, or other reasonably 
necessary services shall be entitled to the appointment of one or more 
attorneys and the furnishing of such other services in accordance with 
subsections (b) through (f).
    ``(b) If the appointment is made before judgment, at least one 
attorney so appointed must have been admitted to practice in the court 
in which the prosecution is to be tried for not less than five years, 
and must have had not less than three years experience in the actual 
trial of felony prosecutions in that court.
    ``(c) If the appointment is made after judgment, at least one 
attorney so appointed must have been admitted to practice in the court 
of appeals for not less than five years, and must have had not less than 
three years experience in the handling of appeals in that court in 
felony cases.
    ``(d) With respect to subsections (b) and (c), the court, for good 
cause, may appoint another attorney whose background, knowledge, or 
experience would otherwise enable him or her to properly represent the 
defendant, with due consideration to the seriousness of the possible 
penalty and to the unique and complex nature of the litigation.

[[Page 120 STAT. 232]]

    ``(e) Unless replaced by similarly qualified counsel upon the 
attorney's own motion or upon motion of the defendant, each attorney so 
appointed shall represent the defendant throughout every subsequent 
stage of available judicial proceedings, including pretrial proceedings, 
trial, sentencing, motions for new trial, appeals, applications for writ 
of certiorari to the Supreme Court of the United States, and all 
available post-conviction process, together with applications for stays 
of execution and other appropriate motions and procedures, and shall 
also represent the defendant in such competency proceedings and 
proceedings for executive or other clemency as may be available to the 
defendant.
    ``(f) Upon a finding that investigative, expert, or other services 
are reasonably necessary for the representation of the defendant, 
whether in connection with issues relating to guilt or the sentence, the 
court may authorize the defendant's attorneys to obtain such services on 
behalf of the defendant and, if so authorized, shall order the payment 
of fees and expenses therefor under subsection (g). No ex parte 
proceeding, communication, or request may be considered pursuant to this 
section unless a proper showing is made concerning the need for 
confidentiality. <<NOTE: Records.>> Any such proceeding, communication, 
or request shall be transcribed and made a part of the record available 
for appellate review.

    ``(g)(1) <<NOTE: Compensation.>> Compensation shall be paid to 
attorneys appointed under this subsection at a rate of not more than 
$125 per hour for in-court and out-of-court time. The Judicial 
Conference is authorized to raise the maximum for hourly payment 
specified in the paragraph up to the aggregate of the overall average 
percentages of the adjustments in the rates of pay for the General 
Schedule made pursuant to section 5305 of title 5 on or after such date. 
After the rates are raised under the preceding sentence, such hourly 
range may be raised at intervals of not less than one year, up to the 
aggregate of the overall average percentages of such adjustments made 
since the last raise under this paragraph.

    ``(2) Fees and expenses paid for investigative, expert, and other 
reasonably necessary services authorized under subsection (f) shall not 
exceed $7,500 in any case, unless payment in excess of that limit is 
certified by the court, or by the United States magistrate judge, if the 
services were rendered in connection with the case disposed of entirely 
before such magistrate judge, as necessary to provide fair compensation 
for services of an unusual character or duration, and the amount of the 
excess payment is approved by the chief judge of the circuit. The chief 
judge of the circuit may delegate such approval authority to an active 
circuit judge.
    ``(3) The amounts paid under this paragraph for services in any case 
shall be disclosed to the public, after the disposition of the 
petition.''.
    (b) Conforming Amendment.--The table of sections of the bill is 
amended by inserting after the item relating to section 3598 the 
following new item:

``3599. Counsel for financially unable defendants.''.

    (c) Repeal.--Subsection (q) of section 408 of the Controlled 
Substances Act <<NOTE: 21 USC 848.>>  is amended by striking paragraphs 
(4) through (10).

[[Page 120 STAT. 233]]

 TITLE III-- <<NOTE: Reducing Crime and Terrorism at America's Seaports 
Act of 2005.>> REDUCING CRIME AND TERRORISM AT AMERICA'S SEAPORTS

SEC. 301. <<NOTE: 18 USC 1 note.>> SHORT TITLE.

    This title may be cited as the ``Reducing Crime and Terrorism at 
America's Seaports Act of 2005''.

SEC. 302. ENTRY BY FALSE PRETENSES TO ANY SEAPORT.

    (a) In General.--Section 1036 of title 18, United States Code, is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (2), by striking ``or'' at the end;
                    (B) by redesignating paragraph (3) as paragraph (4); 
                and
                    (C) by inserting after paragraph (2) the following:
            ``(3) any secure or restricted area of any seaport, 
        designated as secure in an approved security plan, as required 
        under section 70103 of title 46, United States Code, and the 
        rules and regulations promulgated under that section; or'';
            (2) in subsection (b)(1), by striking ``5 years'' and 
        inserting ``10 years'';
            (3) in subsection (c)(1), by inserting ``, captain of the 
        seaport,'' after ``airport authority''; and
            (4) by striking the section heading and inserting the 
        following:

``Sec. 1036. Entry by false pretenses to any real property, vessel, or 
                        aircraft of the United States or secure area of 
                        any airport or seaport''.

    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 47 of title 18 is amended by striking the matter relating to 
section 1036 and inserting the following:

``1036. Entry by false pretenses to any real property, vessel, or 
           aircraft of the United States or secure area of any airport 
           or seaport.''.

    (c) Definition of Seaport.--Chapter 1 of title 18, United States 
Code, is amended by adding at the end the following:

``Sec. 26. Definition of seaport

    ``As used in this title, the term `seaport' means all piers, 
wharves, docks, and similar structures, adjacent to any waters subject 
to the jurisdiction of the United States, to which a vessel may be 
secured, including areas of land, water, or land and water under and in 
immediate proximity to such structures, buildings on or contiguous to 
such structures, and the equipment and materials on such structures or 
in such buildings.''.
    (d) Technical and Conforming Amendment.--The table of sections for 
chapter 1 of title 18 is amended by inserting after the matter relating 
to section 25 the following:

``26. Definition of seaport.''.

SEC. 303. CRIMINAL SANCTIONS FOR FAILURE TO HEAVE TO, OBSTRUCTION OF 
            BOARDING, OR PROVIDING FALSE INFORMATION.

    (a) Offense.--Chapter 109 of title 18, United States Code, is 
amended by adding at the end the following:

[[Page 120 STAT. 234]]

``Sec. 2237. Criminal sanctions for failure to heave to, obstruction of 
                        boarding, or providing false information

    ``(a)(1) It shall be unlawful for the master, operator, or person in 
charge of a vessel of the United States, or a vessel subject to the 
jurisdiction of the United States, to knowingly fail to obey an order by 
an authorized Federal law enforcement officer to heave to that vessel.
    ``(2) It shall be unlawful for any person on board a vessel of the 
United States, or a vessel subject to the jurisdiction of the United 
States, to--
            ``(A) forcibly resist, oppose, prevent, impede, intimidate, 
        or interfere with a boarding or other law enforcement action 
        authorized by any Federal law or to resist a lawful arrest; or
            ``(B) provide materially false information to a Federal law 
        enforcement officer during a boarding of a vessel regarding the 
        vessel's destination, origin, ownership, registration, 
        nationality, cargo, or crew.

    ``(b) Any person who intentionally violates this section shall be 
fined under this title or imprisoned for not more than 5 years, or both.
    ``(c) This section does not limit the authority of a customs officer 
under section 581 of the Tariff Act of 1930 (19 U.S.C. 1581), or any 
other provision of law enforced or administered by the Secretary of the 
Treasury or the Secretary of Homeland Security, or the authority of any 
Federal law enforcement officer under any law of the United States, to 
order a vessel to stop or heave to.
    ``(d) A foreign nation may consent or waive objection to the 
enforcement of United States law by the United States under this section 
by radio, telephone, or similar oral or electronic means. Consent or 
waiver may be proven by certification of the Secretary of State or the 
designee of the Secretary of State.
    ``(e) In this section--
            ``(1) the term `Federal law enforcement officer' has the 
        meaning given the term in section 115(c);
            ``(2) the term `heave to' means to cause a vessel to slow, 
        come to a stop, or adjust its course or speed to account for the 
        weather conditions and sea state to facilitate a law enforcement 
        boarding;
            ``(3) the term `vessel subject to the jurisdiction of the 
        United States' has the meaning given the term in section 2 of 
        the Maritime Drug Law Enforcement Act (46 U.S.C. App. 1903); and
            ``(4) the term `vessel of the United States' has the meaning 
        given the term in section 2 of the Maritime Drug Law Enforcement 
        Act (46 U.S.C. App. 1903).''.

    (b) Conforming Amendment.--The table of sections for chapter 109, 
title 18, United States Code, is amended by inserting after the item for 
section 2236 the following:

``2237. Criminal sanctions for failure to heave to, obstruction of 
           boarding, or providing false information.''.

SEC. 304. CRIMINAL SANCTIONS FOR VIOLENCE AGAINST MARITIME NAVIGATION, 
            PLACEMENT OF DESTRUCTIVE DEVICES.

    (a) Placement of Destructive Devices.--

[[Page 120 STAT. 235]]

            (1) In general.--Chapter 111 of title 18, United States 
        Code, as amended by subsection (a), is further amended by adding 
        at the end the following:

``Sec. 2282A. Devices or dangerous substances in waters of the United 
                        States likely to destroy or damage ships or to 
                        interfere with maritime commerce

    ``(a) A person who knowingly places, or causes to be placed, in 
navigable waters of the United States, by any means, a device or 
dangerous substance which is likely to destroy or cause damage to a 
vessel or its cargo, cause interference with the safe navigation of 
vessels, or interference with maritime commerce (such as by damaging or 
destroying marine terminals, facilities, or any other marine structure 
or entity used in maritime commerce) with the intent of causing such 
destruction or damage, interference with the safe navigation of vessels, 
or interference with maritime commerce shall be fined under this title 
or imprisoned for any term of years, or for life; or both.
    ``(b) A person who causes the death of any person by engaging in 
conduct prohibited under subsection (a) may be punished by death.
    ``(c) Nothing in this section shall be construed to apply to 
otherwise lawfully authorized and conducted activities of the United 
States Government.
    ``(d) In this section:
            ``(1) The term `dangerous substance' means any solid, 
        liquid, or gaseous material that has the capacity to cause 
        damage to a vessel or its cargo, or cause interference with the 
        safe navigation of a vessel.
            ``(2) The term `device' means any object that, because of 
        its physical, mechanical, structural, or chemical properties, 
        has the capacity to cause damage to a vessel or its cargo, or 
        cause interference with the safe navigation of a vessel.''.
            (2) Conforming amendment.--The table of sections for chapter 
        111 of title 18, United States Code, as amended by subsection 
        (b), is further amended by adding after the item related to 
        section 2282 the following:

``2282A. Devices or dangerous substances in waters of the United States 
           likely to destroy or damage ships or to interfere with 
           maritime commerce.''.

    (b) Violence Against Maritime Navigation.--
            (1) In general.--Chapter 111 of title 18, United States Code 
        as amended by subsections (a) and (c), is further amended by 
        adding at the end the following:

``Sec. 2282B. Violence against aids to maritime navigation

    ``Whoever intentionally destroys, seriously damages, alters, moves, 
or tampers with any aid to maritime navigation maintained by the Saint 
Lawrence Seaway Development Corporation under the authority of section 4 
of the Act of May 13, 1954 (33 U.S.C. 984), by the Coast Guard pursuant 
to section 81 of title 14, United States Code, or lawfully maintained 
under authority granted by the Coast Guard pursuant to section 83 of 
title 14, United States Code, if such act endangers or is likely to 
endanger the safe navigation of a ship, shall be fined under this title 
or imprisoned for not more than 20 years, or both.''.
            (2) Conforming amendment.--The table of sections for chapter 
        111 of title 18, United States Code, as amended by

[[Page 120 STAT. 236]]

        subsections (b) and (d) is further amended by adding after the 
        item related to section 2282A the following:

``2282B. Violence against aids to maritime navigation.''.

SEC. 305. TRANSPORTATION OF DANGEROUS MATERIALS AND TERRORISTS.

    (a) Transportation of Dangerous Materials and Terrorists.--Chapter 
111 of title 18, as amended by section 305, is further amended by adding 
at the end the following:

``Sec. 2283. Transportation of explosive, biological, chemical, or 
                        radioactive or nuclear materials

    ``(a) In General.--Whoever knowingly transports aboard any vessel 
within the United States and on waters subject to the jurisdiction of 
the United States or any vessel outside the United States and on the 
high seas or having United States nationality an explosive or incendiary 
device, biological agent, chemical weapon, or radioactive or nuclear 
material, knowing that any such item is intended to be used to commit an 
offense listed under section 2332b(g)(5)(B), shall be fined under this 
title or imprisoned for any term of years or for life, or both.
    ``(b) Causing Death.--Any person who causes the death of a person by 
engaging in conduct prohibited by subsection (a) may be punished by 
death.
    ``(c) Definitions.--In this section:
            ``(1) Biological agent.--The term `biological agent' means 
        any biological agent, toxin, or vector (as those terms are 
        defined in section 178).
            ``(2) By-product material.--The term `by-product material' 
        has the meaning given that term in section 11(e) of the Atomic 
        Energy Act of 1954 (42 U.S.C. 2014(e)).
            ``(3) Chemical weapon.--The term `chemical weapon' has the 
        meaning given that term in section 229F(1).
            ``(4) Explosive or incendiary device.--The term `explosive 
        or incendiary device' has the meaning given the term in section 
        232(5) and includes explosive materials, as that term is defined 
        in section 841(c) and explosive as defined in section 844(j).
            ``(5) Nuclear material.--The term `nuclear material' has the 
        meaning given that term in section 831(f)(1).
            ``(6) Radioactive material.--The term `radioactive material' 
        means--
                    ``(A) source material and special nuclear material, 
                but does not include natural or depleted uranium;
                    ``(B) nuclear by-product material;
                    ``(C) material made radioactive by bombardment in an 
                accelerator; or
                    ``(D) all refined isotopes of radium.
            ``(8) Source material.--The term `source material' has the 
        meaning given that term in section 11(z) of the Atomic Energy 
        Act of 1954 (42 U.S.C. 2014(z)).
            ``(9) Special nuclear material.--The term `special nuclear 
        material' has the meaning given that term in section 11(aa) of 
        the Atomic Energy Act of 1954 (42 U.S.C. 2014(aa)).

[[Page 120 STAT. 237]]

``Sec. 2284. Transportation of terrorists

    ``(a) In General.--Whoever knowingly and intentionally transports 
any terrorist aboard any vessel within the United States and on waters 
subject to the jurisdiction of the United States or any vessel outside 
the United States and on the high seas or having United States 
nationality, knowing that the transported person is a terrorist, shall 
be fined under this title or imprisoned for any term of years or for 
life, or both.
    ``(b) Defined Term.--In this section, the term `terrorist' means any 
person who intends to commit, or is avoiding apprehension after having 
committed, an offense listed under section 2332b(g)(5)(B).''.
    (b) Conforming Amendment.--The table of sections for chapter 111 of 
title 18, United States Code, as amended by section 305, is further 
amended by adding at the end the following:

``2283. Transportation of explosive, chemical, biological, or 
           radioactive or nuclear materials.
``2284. Transportation of terrorists.''.

SEC. 306. DESTRUCTION OF, OR INTERFERENCE WITH, VESSELS OR MARITIME 
            FACILITIES.

    (a) In General.--Title 18, United States Code, is amended by 
inserting after chapter 111 the following:

    ``CHAPTER 111A--DESTRUCTION OF, OR INTERFERENCE WITH, VESSELS OR 
                           MARITIME FACILITIES

``Sec.
``2290. Jurisdiction and scope.
``2291. Destruction of vessel or maritime facility.
``2292. Imparting or conveying false information.

``Sec. 2290. Jurisdiction and scope

    ``(a) Jurisdiction.--There is jurisdiction, including 
extraterritorial jurisdiction, over an offense under this chapter if the 
prohibited activity takes place--
            ``(1) within the United States and within waters subject to 
        the jurisdiction of the United States; or
            ``(2) outside United States and--
                    ``(A) an offender or a victim is a national of the 
                United States (as that term is defined under section 
                101(a)(22) of the Immigration and Nationality Act (8 
                U.S.C. 1101(a)(22));
                    ``(B) the activity involves a vessel in which a 
                national of the United States was on board; or
                    ``(C) the activity involves a vessel of the United 
                States (as that term is defined under section 2 of the 
                Maritime Drug Law Enforcement Act (46 U.S.C. App. 1903).

    ``(b) Scope.--Nothing in this chapter shall apply to otherwise 
lawful activities carried out by or at the direction of the United 
States Government.

``Sec. 2291. Destruction of vessel or maritime facility

    ``(a) Offense.--Whoever knowingly--
            ``(1) sets fire to, damages, destroys, disables, or wrecks 
        any vessel;
            ``(2) places or causes to be placed a destructive device, as 
        defined in section 921(a)(4), destructive substance, as defined

[[Page 120 STAT. 238]]

        in section 31(a)(3), or an explosive, as defined in section 
        844(j) in, upon, or near, or otherwise makes or causes to be 
        made unworkable or unusable or hazardous to work or use, any 
        vessel, or any part or other materials used or intended to be 
        used in connection with the operation of a vessel;
            ``(3) sets fire to, damages, destroys, or disables or places 
        a destructive device or substance in, upon, or near, any 
        maritime facility, including any aid to navigation, lock, canal, 
        or vessel traffic service facility or equipment;
            ``(4) interferes by force or violence with the operation of 
        any maritime facility, including any aid to navigation, lock, 
        canal, or vessel traffic service facility or equipment, if such 
        action is likely to endanger the safety of any vessel in 
        navigation;
            ``(5) sets fire to, damages, destroys, or disables or places 
        a destructive device or substance in, upon, or near, any 
        appliance, structure, property, machine, or apparatus, or any 
        facility or other material used, or intended to be used, in 
        connection with the operation, maintenance, loading, unloading, 
        or storage of any vessel or any passenger or cargo carried or 
        intended to be carried on any vessel;
            ``(6) performs an act of violence against or incapacitates 
        any individual on any vessel, if such act of violence or 
        incapacitation is likely to endanger the safety of the vessel or 
        those on board;
            ``(7) performs an act of violence against a person that 
        causes or is likely to cause serious bodily injury, as defined 
        in section 1365(h)(3), in, upon, or near, any appliance, 
        structure, property, machine, or apparatus, or any facility or 
        other material used, or intended to be used, in connection with 
        the operation, maintenance, loading, unloading, or storage of 
        any vessel or any passenger or cargo carried or intended to be 
        carried on any vessel;
            ``(8) communicates information, knowing the information to 
        be false and under circumstances in which such information may 
        reasonably be believed, thereby endangering the safety of any 
        vessel in navigation; or
            ``(9) attempts or conspires to do anything prohibited under 
        paragraphs (1) through (8),

shall be fined under this title or imprisoned not more than 20 years, or 
both.
    ``(b) Limitation.--Subsection (a) shall not apply to any person that 
is engaging in otherwise lawful activity, such as normal repair and 
salvage activities, and the transportation of hazardous materials 
regulated and allowed to be transported under chapter 51 of title 49.
    ``(c) Penalty.--Whoever is fined or imprisoned under subsection (a) 
as a result of an act involving a vessel that, at the time of the 
violation, carried high-level radioactive waste (as that term is defined 
in section 2(12) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 
10101(12)) or spent nuclear fuel (as that term is defined in section 
2(23) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101(23)), 
shall be fined under this title, imprisoned for a term up to life, or 
both.
    ``(d) Penalty When Death Results.--Whoever is convicted of any crime 
prohibited by subsection (a) and intended to cause death by the 
prohibited conduct, if the conduct resulted in the

[[Page 120 STAT. 239]]

death of any person, shall be subject also to the death penalty or to a 
term of imprisonment for a period up to life.
    ``(e) Threats.--Whoever knowingly and intentionally imparts or 
conveys any threat to do an act which would violate this chapter, with 
an apparent determination and will to carry the threat into execution, 
shall be fined under this title or imprisoned not more than 5 years, or 
both, and is liable for all costs incurred as a result of such threat.

``Sec. 2292. Imparting or conveying false information

    ``(a) In General.--Whoever imparts or conveys or causes to be 
imparted or conveyed false information, knowing the information to be 
false, concerning an attempt or alleged attempt being made or to be 
made, to do any act that would be a crime prohibited by this chapter or 
by chapter 111 of this title, shall be subject to a civil penalty of not 
more than $5,000, which shall be recoverable in a civil action brought 
in the name of the United States.
    ``(b) Malicious Conduct.--Whoever knowingly, intentionally, 
maliciously, or with reckless disregard for the safety of human life, 
imparts or conveys or causes to be imparted or conveyed false 
information, knowing the information to be false, concerning an attempt 
or alleged attempt to do any act which would be a crime prohibited by 
this chapter or by chapter 111 of this title, shall be fined under this 
title or imprisoned not more than 5 years.
    ``(c) Jurisdiction.--
            ``(1) In general.--Except as provided under paragraph (2), 
        section 2290(a) shall not apply to any offense under this 
        section.
            ``(2) Jurisdiction.--Jurisdiction over an offense under this 
        section shall be determined in accordance with the provisions 
        applicable to the crime prohibited by this chapter, or by 
        chapter 111 of this title, to which the imparted or conveyed 
        false information relates, as applicable.

``Sec. 2293. Bar to prosecution

    ``(a) In General.--It is a bar to prosecution under this chapter 
if--
            ``(1) the conduct in question occurred within the United 
        States in relation to a labor dispute, and such conduct is 
        prohibited as a felony under the law of the State in which it 
        was committed; or
            ``(2) such conduct is prohibited as a misdemeanor, and not 
        as a felony, under the law of the State in which it was 
        committed.

    ``(b) Definitions.--In this section:
            ``(1) Labor dispute.--The term `labor dispute' has the same 
        meaning given that term in section 13(c) of the Act to amend the 
        Judicial Code and to define and limit the jurisdiction of courts 
        sitting in equity, and for other purposes (29 U.S.C. 113(c), 
        commonly known as the Norris-LaGuardia Act).
            ``(2) State.--The term `State' means a State of the United 
        States, the District of Columbia, and any commonwealth, 
        territory, or possession of the United States.''.

    (b) Conforming Amendment.--The table of chapters at the beginning of 
title 18, United States Code, is amended by inserting after the item for 
chapter 111 the following:


[[Page 120 STAT. 240]]


``111A. Destruction of, or interference with, vessels or maritime 
facilities.......................................................2290''.

SEC. 307. THEFT OF INTERSTATE OR FOREIGN SHIPMENTS OR VESSELS.

    (a) Theft of Interstate or Foreign Shipments.--Section 659 of title 
18, United States Code, is amended--
            (1) in the first undesignated paragraph--
                    (A) by inserting ``trailer,'' after ``motortruck,'';
                    (B) by inserting ``air cargo container,'' after 
                ``aircraft,''; and
                    (C) by inserting ``, or from any intermodal 
                container, trailer, container freight station, 
                warehouse, or freight consolidation facility,'' after 
                ``air navigation facility'';
            (2) in the fifth undesignated paragraph, by striking ``in 
        each case'' and all that follows through ``or both'' the second 
        place it appears and inserting ``be fined under this title or 
        imprisoned not more than 10 years, or both, but if the amount or 
        value of such money, baggage, goods, or chattels is less than 
        $1,000, shall be fined under this title or imprisoned for not 
        more than 3 years, or both''; and
            (3) by inserting after the first sentence in the eighth 
        undesignated paragraph the following: ``For purposes of this 
        section, goods and chattel shall be construed to be moving as an 
        interstate or foreign shipment at all points between the point 
        of origin and the final destination (as evidenced by the waybill 
        or other shipping document of the shipment), regardless of any 
        temporary stop while awaiting transshipment or otherwise.''.

    (b) Stolen Vessels.--
            (1) In general.--Section 2311 of title 18, United States 
        Code, is amended by adding at the end the following, as a new 
        undesignated paragraph: `` `Vessel' means any watercraft or 
        other contrivance used or designed for transportation or 
        navigation on, under, or immediately above, water.''.
            (2) Transportation and sale of stolen vessels.--
                    (A) Transportation.--Section 2312 of title 18, 
                United States Code, is amended by striking ``motor 
                vehicle or aircraft'' and inserting ``motor vehicle, 
                vessel, or aircraft''.
                    (B) Sale.--Section 2313(a) of title 18, United 
                States Code, is amended by striking ``motor vehicle or 
                aircraft'' and inserting ``motor vehicle, vessel, or 
                aircraft''.

    (c) <<NOTE: 28 USC 994 note.>>  Review of Sentencing Guidelines.--
Pursuant to section 994 of title 28, United States Code, the United 
States Sentencing Commission shall review the Federal Sentencing 
Guidelines to determine whether sentencing enhancement is appropriate 
for any offense under section 659 or 2311 of title 18, United States 
Code, as amended by this title.

    (d) <<NOTE: 28 USC 659 note.>>  Annual Report of Law Enforcement 
Activities.--The Attorney General shall annually submit to Congress a 
report, which shall include an evaluation of law enforcement activities 
relating to the investigation and prosecution of offenses under section 
659 of title 18, United States Code, as amended by this title.

    (e) Reporting of Cargo Theft.--The Attorney General shall take the 
steps necessary to ensure that reports of cargo theft collected by 
Federal, State, and local officials are reflected as a separate category 
in the Uniform Crime Reporting System, or any successor system, by no 
later than December 31, 2006.

[[Page 120 STAT. 241]]

SEC. 308. STOWAWAYS ON VESSELS OR AIRCRAFT.

    Section 2199 of title 18, United States Code, is amended by striking 
``Shall be fined under this title or imprisoned not more than one year, 
or both.'' and inserting the following:
            ``(1) shall be fined under this title, imprisoned not more 
        than 5 years, or both;
            ``(2) if the person commits an act proscribed by this 
        section, with the intent to commit serious bodily injury, and 
        serious bodily injury occurs (as defined under section 1365, 
        including any conduct that, if the conduct occurred in the 
        special maritime and territorial jurisdiction of the United 
        States, would violate section 2241 or 2242) to any person other 
        than a participant as a result of a violation of this section, 
        shall be fined under this title or imprisoned not more than 20 
        years, or both; and
            ``(3) if an individual commits an act proscribed by this 
        section, with the intent to cause death, and if the death of any 
        person other than a participant occurs as a result of a 
        violation of this section, shall be fined under this title, 
        imprisoned for any number of years or for life, or both.''.

SEC. 309. BRIBERY AFFECTING PORT SECURITY.

    (a) In General.--Chapter 11 of title 18, United States Code, is 
amended by adding at the end the following:

``Sec. 226. Bribery affecting port security

    ``(a) In General.--Whoever knowingly--
            ``(1) directly or indirectly, corruptly gives, offers, or 
        promises anything of value to any public or private person, with 
        intent to commit international terrorism or domestic terrorism 
        (as those terms are defined under section 2331), to--
                    ``(A) influence any action or any person to commit 
                or aid in committing, or collude in, or allow, any 
                fraud, or make opportunity for the commission of any 
                fraud affecting any secure or restricted area or 
                seaport; or
                    ``(B) induce any official or person to do or omit to 
                do any act in violation of the lawful duty of such 
                official or person that affects any secure or restricted 
                area or seaport; or
            ``(2) directly or indirectly, corruptly demands, seeks, 
        receives, accepts, or agrees to receive or accept anything of 
        value personally or for any other person or entity in return 
        for--
                    ``(A) being influenced in the performance of any 
                official act affecting any secure or restricted area or 
                seaport; and
                    ``(B) knowing that such influence will be used to 
                commit, or plan to commit, international or domestic 
                terrorism,

shall be fined under this title or imprisoned not more than 15 years, or 
both.
    ``(b) Definition.--In this section, the term `secure or restricted 
area' means an area of a vessel or facility designated as secure in an 
approved security plan, as required under section 70103 of title 46, 
United States Code, and the rules and regulations promulgated under that 
section.''.

[[Page 120 STAT. 242]]

    (b) Conforming Amendment.--The table of sections for chapter 11 of 
title 18, United States Code, is amended by adding at the end the 
following:

``226. Bribery affecting port security.''.

SEC. 310. PENALTIES FOR SMUGGLING GOODS INTO THE UNITED STATES.

    The third undesignated paragraph of section 545 of title 18, United 
States Code, is amended by striking ``5 years'' and inserting ``20 
years''.

SEC. 311. SMUGGLING GOODS FROM THE UNITED STATES.

    (a) In General.--Chapter 27 of title 18, United States Code, is 
amended by adding at the end the following:

``Sec. 554. Smuggling goods from the United States

    ``(a) In General.--Whoever fraudulently or knowingly exports or 
sends from the United States, or attempts to export or send from the 
United States, any merchandise, article, or object contrary to any law 
or regulation of the United States, or receives, conceals, buys, sells, 
or in any manner facilitates the transportation, concealment, or sale of 
such merchandise, article or object, prior to exportation, knowing the 
same to be intended for exportation contrary to any law or regulation of 
the United States, shall be fined under this title, imprisoned not more 
than 10 years, or both.
    ``(b) Definition.--In this section, the term `United States' has the 
meaning given that term in section 545.''.
    (b) Conforming Amendment.--The chapter analysis for chapter 27 of 
title 18, United States Code, is amended by adding at the end the 
following:

``554. Smuggling goods from the United States.''.

    (c) Specified Unlawful Activity.--Section 1956(c)(7)(D) of title 18, 
United States Code, is amended by inserting ``section 554 (relating to 
smuggling goods from the United States),'' before ``section 641 
(relating to public money, property, or records),''.
    (d) Tariff Act of 1990.--Section 596 of the Tariff Act of 1930 (19 
U.S.C. 1595a) is amended by adding at the end the following:
    ``(d) Merchandise exported or sent from the United States or 
attempted to be exported or sent from the United States contrary to law, 
or the proceeds or value thereof, and property used to facilitate the 
exporting or sending of such merchandise, the attempted exporting or 
sending of such merchandise, or the receipt, purchase, transportation, 
concealment, or sale of such merchandise prior to exportation shall be 
seized and forfeited to the United States.''.
    (e) Removing Goods From Customs Custody.--Section 549 of title 18, 
United States Code, is amended in the 5th paragraph by striking ``two 
years'' and inserting ``10 years''.

[[Page 120 STAT. 243]]

        TITLE IV-- <<NOTE: Combating Terrorism Financing Act of 
2005.>> COMBATING TERRORISM FINANCING

SEC. 401. <<NOTE: 18 USC 1 note.>> SHORT TITLE.

    This title may be cited as the ``Combating Terrorism Financing Act 
of 2005''.

SEC. 402. INCREASED PENALTIES FOR TERRORISM FINANCING.

    Section 206 of the International Emergency Economic Powers Act (50 
U.S.C. 1705) is amended--
            (1) in subsection (a), by deleting ``$10,000'' and inserting 
        ``$50,000''; and
            (2) in subsection (b), by deleting ``ten years'' and 
        inserting ``twenty years''.

SEC. 403. TERRORISM-RELATED SPECIFIED ACTIVITIES FOR MONEY LAUNDERING.

    (a) Amendments to RICO.--Section 1961(1) of title 18, United States 
Code, is amended in subparagraph (B), by inserting ``section 1960 
(relating to illegal money transmitters),'' before ``sections 2251''.
    (b) Amendment to Section 1956(c)(7).--Section 1956(c)(7)(D) of title 
18, United States Code, is amended by striking ``or any felony violation 
of the Foreign Corrupt Practices Act'' and inserting ``any felony 
violation of the Foreign Corrupt Practices Act''.
    (c) Conforming Amendments to Sections 1956(e) and 1957(e).--
            (1) Section 1956(e) of title 18, United States Code, is 
        amended to read as follows:

    ``(e) Violations of this section may be investigated by such 
components of the Department of Justice as the Attorney General may 
direct, and by such components of the Department of the Treasury as the 
Secretary of the Treasury may direct, as appropriate, and, with respect 
to offenses over which the Department of Homeland Security has 
jurisdiction, by such components of the Department of Homeland Security 
as the Secretary of Homeland Security may direct, and, with respect to 
offenses over which the United States Postal Service has jurisdiction, 
by the Postal Service. Such <<NOTE: Agreement.>> authority of the 
Secretary of the Treasury, the Secretary of Homeland Security, and the 
Postal Service shall be exercised in accordance with an agreement which 
shall be entered into by the Secretary of the Treasury, the Secretary of 
Homeland Security, the Postal Service, and the Attorney General. 
Violations of this section involving offenses described in paragraph 
(c)(7)(E) may be investigated by such components of the Department of 
Justice as the Attorney General may direct, and the National Enforcement 
Investigations Center of the Environmental Protection Agency.''.
            (2) Section 1957(e) of title 18, United States Code, is 
        amended to read as follows:

    ``(e) Violations of this section may be investigated by such 
components of the Department of Justice as the Attorney General may 
direct, and by such components of the Department of the Treasury as the 
Secretary of the Treasury may direct, as appropriate, and, with respect 
to offenses over which the Department of Homeland Security has 
jurisdiction, by such components of the Department of Homeland Security 
as the Secretary of Homeland

[[Page 120 STAT. 244]]

Security may direct, and, with respect to offenses over which the United 
States Postal Service has jurisdiction, by the Postal Service. Such 
authority <<NOTE: Agreement>> of the Secretary of the Treasury, the 
Secretary of Homeland Security, and the Postal Service shall be 
exercised in accordance with an agreement which shall be entered into by 
the Secretary of the Treasury, the Secretary of Homeland Security, the 
Postal Service, and the Attorney General.''.

SEC. 404. ASSETS OF PERSONS COMMITTING TERRORIST ACTS AGAINST FOREIGN 
            COUNTRIES OR INTERNATIONAL ORGANIZATIONS.

    Section 981(a)(1)(G) of title 18, United States Code, is amended--
            (1) by striking ``or'' at the end of clause (ii);
            (2) by striking the period at the end of clause (iii) and 
        inserting ``; or''; and
            (3) by inserting the following after clause (iii):
                          ``(iv) of any individual, entity, or 
                      organization engaged in planning or perpetrating 
                      any act of international terrorism (as defined in 
                      section 2331) against any international 
                      organization (as defined in section 209 of the 
                      State Department Basic Authorities Act of 1956 (22 
                      U.S.C. 4309(b)) or against any foreign Government. 
                      Where the property sought for forfeiture is 
                      located beyond the territorial boundaries of the 
                      United States, an act in furtherance of such 
                      planning or perpetration must have occurred within 
                      the jurisdiction of the United States.''.

SEC. 405. MONEY LAUNDERING THROUGH HAWALAS.

    Section 1956(a)(1) of title 18, United States Code, is amended by 
adding at the end the following: ``For purposes of this paragraph, a 
financial transaction shall be considered to be one involving the 
proceeds of specified unlawful activity if it is part of a set of 
parallel or dependent transactions, any one of which involves the 
proceeds of specified unlawful activity, and all of which are part of a 
single plan or arrangement.''.

SEC. 406. TECHNICAL AND CONFORMING AMENDMENTS RELATING TO THE USA 
            PATRIOT ACT.

    (a) Technical Corrections.--
            (1) Section 322 of Public Law 107-56 <<NOTE: 28 USC 
        2466.>> is amended by striking ``title 18'' and inserting 
        ``title 28''.
            (2) Section 1956(b)(3) and (4) of title 18, United States 
        Code, are amended by striking ``described in paragraph (2)'' 
        each time it appears; and
            (3) Section 981(k) of title 18, United States Code, is 
        amended by striking ``foreign bank'' each time it appears and 
        inserting ``foreign financial institution (as defined in section 
        984(c)(2)(A) of this title)''.

    (b) Codification of Section 316 of the USA PATRIOT Act.--
            (1) Chapter 46 of title 18, United States Code, is amended--
                    (A) in the chapter analysis, by inserting at the end 
                the following:

``987. Anti-terrorist forfeiture protection.'';

                and
                    (B) by inserting at the end the following:

[[Page 120 STAT. 245]]

``Sec. 987. Anti-terrorist forfeiture protection

    ``(a) Right to Contest.--An owner of property that is confiscated 
under any provision of law relating to the confiscation of assets of 
suspected international terrorists, may contest that confiscation by 
filing a claim in the manner set forth in the Federal Rules of Civil 
Procedure (Supplemental Rules for Certain Admiralty and Maritime 
Claims), and asserting as an affirmative defense that--
            ``(1) the property is not subject to confiscation under such 
        provision of law; or
            ``(2) the innocent owner provisions of section 983(d) of 
        title 18, United States Code, apply to the case.

    ``(b) Evidence.--In considering a claim filed under this section, a 
court may admit evidence that is otherwise inadmissible under the 
Federal Rules of Evidence, if the court determines that the evidence is 
reliable, and that compliance with the Federal Rules of Evidence may 
jeopardize the national security interests of the United States.
    ``(c) Clarifications.--
            ``(1) Protection of rights.--The exclusion of certain 
        provisions of Federal law from the definition of the term `civil 
        forfeiture statute' in section 983(i) of title 18, United States 
        Code, shall not be construed to deny an owner of property the 
        right to contest the confiscation of assets of suspected 
        international terrorists under--
                    ``(A) subsection (a) of this section;
                    ``(B) the Constitution; or
                    ``(C) subchapter II of chapter 5 of title 5, United 
                States Code (commonly known as the `Administrative 
                Procedure Act').
            ``(2) Savings clause.--Nothing in this section shall limit 
        or otherwise affect any other remedies that may be available to 
        an owner of property under section 983 of title 18, United 
        States Code, or any other provision of law.''.
            (2) Subsections (a), (b), and (c) of section 316 of Public 
        Law 107-56 <<NOTE: 18 USC 983 note.>> are repealed.

    (c) Conforming Amendments Concerning Conspiracies.--
            (1) Section 33(a) of title 18, United States Code is amended 
        by inserting ``or conspires'' before ``to do any of the 
        aforesaid acts''.
            (2) Section 1366(a) of title 18, United States Code, is 
        amended--
                    (A) by striking ``attempts'' each time it appears 
                and inserting ``attempts or conspires''; and
                    (B) by inserting ``, or if the object of the 
                conspiracy had been achieved,'' after ``the attempted 
                offense had been completed''.

SEC. 407. CROSS REFERENCE CORRECTION.

    Section 5318(n)(4)(A) of title 31, United States Code, is amended by 
striking ``National Intelligence Reform Act of 2004'' and inserting 
``Intelligence Reform and Terrorism Prevention Act of 2004''.

SEC. 408. AMENDMENT TO AMENDATORY LANGUAGE.

    Section 6604 <<NOTE: Effective date.>> of the Intelligence Reform 
and Terrorism Prevention Act of 2004 <<NOTE: 18 USC 2339C note.>> is 
amended (effective on the date of the enactment of that Act)--

[[Page 120 STAT. 246]]

            (1) by striking ``Section 2339c(c)(2)'' and inserting 
        ``Section 2339C(c)(2)''; and
            (2) by striking ``Section 2339c(e)'' and inserting ``Section 
        2339C(e)''.

SEC. 409. DESIGNATION OF ADDITIONAL MONEY LAUNDERING PREDICATE.

    Section 1956(c)(7)(D) of title 18, United States Code, is amended--
            (1) by inserting ``, section 2339C (relating to financing of 
        terrorism), or section 2339D (relating to receiving military-
        type training from a foreign terrorist organization)'' after 
        ``section 2339A or 2339B (relating to providing material support 
        to terrorists)''; and
            (2) by striking ``or'' before ``section 2339A or 2339B''.

SEC. 410. UNIFORM PROCEDURES FOR CRIMINAL FORFEITURE.

    Section 2461(c) of title 28, United States Code, is amended to read 
as follows:
    ``(c) If a person is charged in a criminal case with a violation of 
an Act of Congress for which the civil or criminal forfeiture of 
property is authorized, the Government may include notice of the 
forfeiture in the indictment or information pursuant to the Federal 
Rules of Criminal Procedure. If the defendant is convicted of the 
offense giving rise to the forfeiture, the court shall order the 
forfeiture of the property as part of the sentence in the criminal case 
pursuant to to the Federal Rules of Criminal Procedure and section 3554 
of title 18, United States Code. <<NOTE: Applicability.>>  The 
procedures in section 413 of the Controlled Substances Act (21 U.S.C. 
853) apply to all stages of a criminal forfeiture proceeding, except 
that subsection (d) of such section applies only in cases in which the 
defendant is convicted of a violation of such Act.''.

                    TITLE V--MISCELLANEOUS PROVISIONS

SEC. 501. RESIDENCE OF UNITED STATES ATTORNEYS AND ASSISTANT UNITED 
            STATES ATTORNEYS.

    (a) In General.--Subsection (a) of section 545 of title 28, United 
States Code, is amended by adding at the end the following new sentence: 
``Pursuant to an order from the Attorney General or his designee, a 
United States attorney or an assistant United States attorney may be 
assigned dual or additional responsibilities that exempt such officer 
from the residency requirement in this subsection for a specific period 
as established by the order and subject to renewal.''.
    (b)  <<NOTE: 28 USC 545 note.>> Effective Date.--The amendment made 
by subsection (a) shall take effect as of February 1, 2005.

SEC. 502. INTERIM APPOINTMENT OF UNITED STATES ATTORNEYS.

    Section 546 of title 28, United States Code, is amended by striking 
subsections (c) and (d) and inserting the following new subsection:
    ``(c) A person appointed as United States attorney under this 
section may serve until the qualification of a United States Attorney 
for such district appointed by the President under section 541 of this 
title.''.

[[Page 120 STAT. 247]]

SEC. 503. SECRETARY OF HOMELAND SECURITY IN PRESIDENTIAL LINE OF 
            SUCCESSION.

    Section 19(d)(1) of title 3, United States Code, is amended by 
inserting ``, Secretary of Homeland Security'' after ``Secretary of 
Veterans Affairs''.

SEC. 504. BUREAU OF ALCOHOL, TOBACCO AND FIREARMS TO THE DEPARTMENT OF 
            JUSTICE.

    The second sentence of section 1111(a)(2) of the Homeland Security 
Act of 2002 (6 U.S.C. 531(a)(2)) is amended by striking ``Attorney 
General'' the first place it appears and inserting ``President, by and 
with the advice and consent of the Senate''.

SEC. 505. QUALIFICATIONS OF UNITED STATES MARSHALS.

    Section 561 of title 28, United States Code, is amended by adding at 
the end the following new subsection:
    ``(i) Each marshal appointed under this section should have--
            ``(1) a minimum of 4 years of command-level law enforcement 
        management duties, including personnel, budget, and accountable 
        property issues, in a police department, sheriff's office or 
        Federal law enforcement agency;
            ``(2) experience in coordinating with other law enforcement 
        agencies, particularly at the State and local level;
            ``(3) college-level academic experience; and
            ``(4) experience in or with county, State, and Federal court 
        systems or experience with protection of court personnel, 
        jurors, and witnesses.''.

SEC. 506. DEPARTMENT OF JUSTICE INTELLIGENCE MATTERS.

    (a) Assistant Attorney General for National Security.--
            (1) In general.--Chapter 31 of title 28, United States Code, 
        is amended by inserting after section 507 the following new 
        section:

``Sec. 507A. Assistant Attorney General for National Security

    ``(a) <<NOTE: President.>> Of the Assistant Attorneys General 
appointed under section 506, one shall serve, upon the designation of 
the President, as the Assistant Attorney General for National Security.

    ``(b) The Assistant Attorney General for National Security shall--
            ``(1) serve as the head of the National Security Division of 
        the Department of Justice under section 509A of this title;
            ``(2) serve as primary liaison to the Director of National 
        Intelligence for the Department of Justice; and
            ``(3) perform such other duties as the Attorney General may 
        prescribe.''.
            (2) Additional assistant attorney general.--Section 506 of 
        title 28, United States Code, is amended by striking ``ten'' and 
        inserting ``11''.
            (3) Executive schedule matters.--Section 5315 of title 5, 
        United States Code, is amended by striking the matter relating 
        to Assistant Attorneys General and inserting the following:
            ``Assistant Attorneys General (11).''.
            (4) Consultation of director of national intelligence in 
        appointment.--Section 106(c)(2) of the National Security Act of 
        1947 (50 U.S.C. 403-6(c)(2)) is amended by adding at the end the 
        following new subparagraph:

[[Page 120 STAT. 248]]

            ``(C) The Assistant Attorney General designated as the 
        Assistant Attorney General for National Security under section 
        507A of title 28, United States Code.''.
            (5) Authority to act for attorney general under foreign 
        intelligence surveillance act of 1978.--Section 101(g) of the 
        Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
        1801(g)) is amended by striking ``or the Deputy Attorney 
        General'' and inserting ``, the Deputy Attorney General, or, 
        upon the designation of the Attorney General, the Assistant 
        Attorney General designated as the Assistant Attorney General 
        for National Security under section 507A of title 28, United 
        States Code''.
            (6) Authorization for interception of communications.--
        Section 2516(1) of title 18, United States Code, is amended by 
        inserting ``or National Security Division'' after ``the Criminal 
        Division''.
            (7) Authority to act for attorney general in matters 
        involving witness relocation or protection.--Section 3521(d)(3) 
        of title 18, United States Code, is amended by striking ``to the 
        Assistant Attorney General in charge of the Criminal Division of 
        the Department of Justice'' and inserting ``to any Assistant 
        Attorney General in charge of the Criminal Division or National 
        Security Division of the Department of Justice''.
            (8) Prosecution of cases involving classified information.--
        Section 9A(a) of the Classified Information Procedures Act (18 
        U.S.C. App.) is amended by inserting ``or the Assistant Attorney 
        General for National Security, as appropriate,'' after 
        ``Assistant Attorney General for the Criminal Division''.
            (9) Intelligence and national security aspects of espionage 
        prosecution.--Section 341(b) of the Intelligence Authorization 
        Act for Fiscal Year 2004 (28 U.S.C. 519 note) is amended by 
        striking ``acting through the Office of Intelligence Policy and 
        Review of the Department of Justice'' and inserting ``acting 
        through the Assistant Attorney General for National Security''.
            (10) Certifications for certain undercover foreign 
        intelligence and counterintelligence investigative operations.--
        Section 102(b)(1) of Public Law 102-395 (28 U.S.C. 533 note) is 
        amended by striking ``Counsel for Intelligence Policy'' and 
        inserting ``Assistant Attorney General for National Security''.
            (11) Inclusion in federal law enforcement community for 
        emergency federal law enforcements assistance purposes.--Section 
        609N(2) of the Justice Assistance Act of 1984 (42 U.S.C. 
        10502(2)) is amended--
                    (A) by redesignating subparagraphs (L) and (M) as 
                subparagraphs (M) and (N), respectively; and
                    (B) by inserting after subparagraph (K) the 
                following new subparagraph (L):
                    ``(L) the National Security Division of the 
                Department of Justice,''.

    (b) National Security Division of Department of Justice.--
            (1) In general.--Chapter 31 of title 28, United States Code, 
        is further amended by inserting after section 509 the following 
        new section:

[[Page 120 STAT. 249]]

``Sec. 509A. National Security Division

    ``(a) There is a National Security Division of the Department of 
Justice.
    ``(b) The National Security Division shall consist of the elements 
of the Department of Justice (other than the Federal Bureau of 
Investigation) engaged primarily in support of the intelligence and 
intelligence-related activities of the United States Government, 
including the following:
            ``(1) The Assistant Attorney General designated as the 
        Assistant Attorney General for National Security under section 
        507A of this title.
            ``(2) The Office of Intelligence Policy and Review (or any 
        successor organization).
            ``(3) The counterterrorism section (or any successor 
        organization).
            ``(4) The counterespionage section (or any successor 
        organization).
            ``(5) Any other element, component, or office designated by 
        the Attorney General.''.
            (2) Prohibition on political activity.--Section 7323(b)(3) 
        of title 5, United States Code, is amended by inserting ``or 
        National Security Division'' after ``Criminal Division''.

    (c) Clerical Amendments.--The table of sections at the beginning of 
chapter 31 of title 28, United States Code, is amended--
            (1) by inserting after the item relating to section 507 the 
        following new item:

``507A. Assistant Attorney General for National Security.'';

        and
            (2) by inserting after the item relating to section 509 the 
        following new item:

``509A. National Security Division.''.

    (d) Procedures for Confirmation of the Assistant Attorney General 
for National Security.--(1) Section 17 of Senate Resolution 400 (94th 
Congress) is amended--
            (A) in subsection (a), by striking ``(a) The'' and inserting 
        ``(a)(1) Except as otherwise provided in subsection (b), the'';
            (B) in subsection (b), by striking ``(b)'' and inserting 
        ``(2)''; and
            (C) by inserting after subsection (a) the following new 
        subsection:

    ``(b)(1) With respect to the confirmation of the Assistant Attorney 
General for National Security, or any successor position, the nomination 
of any individual by the President to serve in such position shall be 
referred to the Committee on the Judiciary and, if and when reported, to 
the select Committee for not to exceed 20 calendar days, except that in 
cases when the 20-day period expires while the Senate is in recess, the 
select Committee shall have 5 additional calendar days after the Senate 
reconvenes to report the nomination.
    ``(2) If, upon the expiration of the period described in paragraph 
(1), the select Committee has not reported the nomination, such 
nomination shall be automatically discharged from the select Committee 
and placed on the Executive Calendar.''.
    (2) Paragraph (1) is enacted--

[[Page 120 STAT. 250]]

            (A) as an exercise of the rulemaking power of the Senate; 
        and
            (B) with full recognition of the constitutional right of the 
        Senate to change the rules of the Senate at any time and to the 
        same extent as in the case of any other rule of the Senate.

SEC. 507. REVIEW BY ATTORNEY GENERAL.

    (a) Applicability.--Section 2261 of title 28, United States Code, is 
amended by striking subsection (b) and inserting the following:
    ``(b) Counsel.--This chapter is applicable if--
            ``(1) the Attorney General of the United States certifies 
        that a State has established a mechanism for providing counsel 
        in postconviction proceedings as provided in section 2265; and
            ``(2) counsel was appointed pursuant to that mechanism, 
        petitioner validly waived counsel, petitioner retained counsel, 
        or petitioner was found not to be indigent.''.

    (b) Scope of Prior Representation.--Section 2261(d) of title 28, 
United States Code is amended by striking ``or on direct appeal''.
    (c) Certification and Judicial Review.--
            (1) In general.--Chapter 154 of title 28, United States 
        Code, is amended by striking section 2265 and inserting the 
        following:

``Sec. 2265. Certification and judicial review

    ``(a) Certification.--
            ``(1) In general.--If requested by an appropriate State 
        official, the Attorney General of the United States shall 
        determine--
                    ``(A) whether the State has established a mechanism 
                for the appointment, compensation, and payment of 
                reasonable litigation expenses of competent counsel in 
                State postconviction proceedings brought by indigent 
                prisoners who have been sentenced to death;
                    ``(B) the date on which the mechanism described in 
                subparagraph (A) was established; and
                    ``(C) whether the State provides standards of 
                competency for the appointment of counsel in proceedings 
                described in subparagraph (A).
            ``(2) Effective date.--The date the mechanism described in 
        paragraph (1)(A) was established shall be the effective date of 
        the certification under this subsection.
            ``(3) Only express requirements.--There are no requirements 
        for certification or for application of this chapter other than 
        those expressly stated in this chapter.

    ``(b) Regulations.--The Attorney General shall promulgate 
regulations to implement the certification procedure under subsection 
(a).
    ``(c) Review of Certification.--
            ``(1) In general.--The determination by the Attorney General 
        regarding whether to certify a State under this section is 
        subject to review exclusively as provided under chapter 158 of 
        this title.
            ``(2) Venue.--The Court of Appeals for the District of 
        Columbia Circuit shall have exclusive jurisdiction over matters

[[Page 120 STAT. 251]]

        under paragraph (1), subject to review by the Supreme Court 
        under section 2350 of this title.
            ``(3) Standard of review.--The determination by the Attorney 
        General regarding whether to certify a State under this section 
        shall be subject to de novo review.''.
            (2) Clerical amendment.--The table of sections for chapter 
        154 of title 28, United States Code, is amended by striking the 
        item related to section 2265 and inserting the following:

``2265. Certification and judicial review.''.

    (d)  <<NOTE: 28 USC 2251 note.>> Application to Pending Cases.--
            (1) In general.--This section and the amendments made by 
        this section shall apply to cases pending on or after the date 
        of enactment of this Act.
            (2) Time limits.--In a case pending on the date of enactment 
        of this Act, if the amendments made by this section establish a 
        time limit for taking certain action, the period of which began 
        on the date of an event that occurred prior to the date of 
        enactment of this Act, the period of such time limit shall 
        instead begin on the date of enactment of this Act.

    (e) Time Limits.--Section 2266(b)(1)(A) of title 28, United States 
Code, is amended by striking ``180 days after the date on which the 
application is filed'' and inserting ``450 days after the date on which 
the application is filed, or 60 days after the date on which the case is 
submitted for decision, whichever is earlier''.
    (f) Stay of State Court Proceedings.--Section 2251 of title 28, 
United States Code, is amended--
            (1) in the first undesignated paragraph, by striking ``A 
        justice'' and inserting the following:

    ``(a) In General.--
            ``(1) Pending matters.--A justice'';
            (2) in the second undesignated paragraph, by striking 
        ``After the'' and inserting the following:

    ``(b) No Further Proceedings.--After the''; and
            (3) in subsection (a), as so designated by paragraph (1), by 
        adding at the end the following:
            ``(2) Matter not pending.--For purposes of this section, a 
        habeas corpus proceeding is not pending until the application is 
        filed.
            ``(3)  <<NOTE: Termination date.>> Application for 
        appointment of counsel.--If a State prisoner sentenced to death 
        applies for appointment of counsel pursuant to section 
        3599(a)(2) of title 18 in a court that would have jurisdiction 
        to entertain a habeas corpus application regarding that 
        sentence, that court may stay execution of the sentence of 
        death, but such stay shall terminate not later than 90 days 
        after counsel is appointed or the application for appointment of 
        counsel is withdrawn or denied.''.

     TITLE VI-- <<NOTE: Secret Service Authorization and Technical 
Modification Act of 2005.>> SECRET SERVICE

SEC. 601. <<NOTE: 18 USC 1 note.>> SHORT TITLE.

    This title may be cited as the ``Secret Service Authorization and 
Technical Modification Act of 2005''.

[[Page 120 STAT. 252]]

SEC. 602. INTERFERENCE WITH NATIONAL SPECIAL SECURITY EVENTS.

    (a) In General.--Section 1752 of title 18, United States Code, is 
amended--
            (1) in subsection (a)--
                    (A) by amending paragraph (1) to read as follows:
            ``(1) willfully and knowingly to enter or remain in any 
        posted, cordoned off, or otherwise restricted area of a building 
        or grounds where the President or other person protected by the 
        Secret Service is or will be temporarily visiting;'';
                    (B) by redesignating paragraphs (2), (3), and (4) as 
                paragraphs (3), (4), and (5), respectively;
                    (C) by inserting after paragraph (1) the following 
                new paragraph:
            ``(2) willfully and knowingly to enter or remain in any 
        posted, cordoned off, or otherwise restricted area of a building 
        or grounds so restricted in conjunction with an event designated 
        as a special event of national significance;'';
                    (D) in paragraph (3), as redesignated by 
                subparagraph (B)--
                          (i) by inserting ``willfully, knowingly, and'' 
                      before ``with intent to impede or disrupt'';
                          (ii) by striking ``designated'' and inserting 
                      ``described''; and
                          (iii) by inserting ``or (2)'' after 
                      ``paragraph (1)'';
                    (E) in paragraph (4), as redesignated by 
                subparagraph (B)--
                          (i) by striking ``designated or enumerated'' 
                      and inserting ``described''; and
                          (ii) by inserting ``or (2)'' after ``paragraph 
                      (1)''; and
                    (F) in paragraph (5), as redesignated by 
                subparagraph (B)--
                          (i) by striking ``designated or enumerated'' 
                      and inserting ``described''; and
                          (ii) by inserting ``or (2)'' after ``paragraph 
                      (1)'';
            (2) by amending subsection (b) to read as follows:

    ``(b) Violation of this section, and attempts or conspiracies to 
commit such violations, shall be punishable by--
            ``(1) a fine under this title or imprisonment for not more 
        than 10 years, or both, if--
                    ``(A) the person, during and in relation to the 
                offense, uses or carries a deadly or dangerous weapon or 
                firearm; or
                    ``(B) the offense results in significant bodily 
                injury as defined by section 2118(e)(3); and
            ``(2) a fine under this title or imprisonment for not more 
        than one year, or both, in any other case.''; and
            (3) by striking subsection (d) and redesignating subsections 
        (e) and (f) as subsections (d) and (e), respectively.

    (b) Clerical Amendment.--(1) The heading of such section is amended 
to read as follows:

``Sec. 1752. Restricted building or grounds''.

    (2) The item relating to such section in the table of sections at 
the beginning of chapter 84 of such title is amended to read as follows:

``1752. Restricted building or grounds.''.

[[Page 120 STAT. 253]]

SEC. 603. FALSE CREDENTIALS TO NATIONAL SPECIAL SECURITY EVENTS.

    Section 1028 of title 18, United States Code, is amended--
            (1) in subsection (a)(6), by inserting ``or a sponsoring 
        entity of an event designated as a special event of national 
        significance'' after ``States'';
            (2) in subsection (c)(1), by inserting ``or a sponsoring 
        entity of an event designated as a special event of national 
        significance'' after ``States'';
            (3) in subsection (d)(3), by inserting ``a sponsoring entity 
        of an event designated as a special event of national 
        significance,'' after ``political subdivision of a State,''; and
            (4) in each of subsections (d)(4)(B) and (d)(6)(B), by 
        inserting ``a sponsoring entity of an event designated by the 
        President as a special event of national significance,'' after 
        ``political subdivision of a State,''.

SEC. 604. FORENSIC AND INVESTIGATIVE SUPPORT OF MISSING AND EXPLOITED 
            CHILDREN CASES.

    Section 3056(f) of title 18, United States Code, is amended by 
striking ``officers and agents of the Secret Service are'' and inserting 
``the Secret Service is''.

SEC. 605. THE UNIFORMED DIVISION, UNITED STATES SECRET SERVICE.

    (a) In General.--Chapter 203 of title 18, United States Code, is 
amended by inserting after section 3056 the following:

``Sec. 3056A. Powers, authorities, and duties of United States Secret 
                        Service Uniformed Division

    ``(a) There is hereby created and established a permanent police 
force, to be known as the `United States Secret Service Uniformed 
Division'. Subject to the supervision of the Secretary of Homeland 
Security, the United States Secret Service Uniformed Division shall 
perform such duties as the Director, United States Secret Service, may 
prescribe in connection with the protection of the following:
            ``(1) The White House in the District of Columbia.
            ``(2) Any building in which Presidential offices are 
        located.
            ``(3) The Treasury Building and grounds.
            ``(4) The President, the Vice President (or other officer 
        next in the order of succession to the Office of President), the 
        President-elect, the Vice President-elect, and their immediate 
        families.
            ``(5) Foreign diplomatic missions located in the 
        metropolitan area of the District of Columbia.
            ``(6) The temporary official residence of the Vice President 
        and grounds in the District of Columbia.
            ``(7) Foreign diplomatic missions located in metropolitan 
        areas (other than the District of Columbia) in the United States 
        where there are located twenty or more such missions headed by 
        full-time officers, except that such protection shall be 
        provided only--
                    ``(A) on the basis of extraordinary protective need;
                    ``(B) upon request of an affected metropolitan area; 
                and
                    ``(C) when the extraordinary protective need arises 
                at or in association with a visit to--

[[Page 120 STAT. 254]]

                          ``(i) a permanent mission to, or an observer 
                      mission invited to participate in the work of, an 
                      international organization of which the United 
                      States is a member; or
                          ``(ii) an international organization of which 
                      the United States is a member;
                except that such protection may also be provided for 
                motorcades and at other places associated with any such 
                visit and may be extended at places of temporary 
                domicile in connection with any such visit.
            ``(8) Foreign consular and diplomatic missions located in 
        such areas in the United States, its territories and 
        possessions, as the President, on a case-by-case basis, may 
        direct.
            ``(9) Visits of foreign government officials to metropolitan 
        areas (other than the District of Columbia) where there are 
        located twenty or more consular or diplomatic missions staffed 
        by accredited personnel, including protection for motorcades and 
        at other places associated with such visits when such officials 
        are in the United States to conduct official business with the 
        United States Government.
            ``(10) Former Presidents and their spouses, as provided in 
        section 3056(a)(3) of title 18.
            ``(11) An event designated under section 3056(e) of title 18 
        as a special event of national significance.
            ``(12) Major Presidential and Vice Presidential candidates 
        and, within 120 days of the general Presidential election, the 
        spouses of such candidates, as provided in section 3056(a)(7) of 
        title 18.
            ``(13) Visiting heads of foreign states or foreign 
        governments.

    ``(b)(1) Under the direction of the Director of the Secret Service, 
members of the United States Secret Service Uniformed Division are 
authorized to--
            ``(A) carry firearms;
            ``(B) make arrests without warrant for any offense against 
        the United States committed in their presence, or for any felony 
        cognizable under the laws of the United States if they have 
        reasonable grounds to believe that the person to be arrested has 
        committed or is committing such felony; and
            ``(C) perform such other functions and duties as are 
        authorized by law.

    ``(2) Members of the United States Secret Service Uniformed Division 
shall possess privileges and powers similar to those of the members of 
the Metropolitan Police of the District of Columbia.
    ``(c) Members of the United States Secret Service Uniformed Division 
shall be furnished with uniforms and other necessary equipment.
    ``(d) In carrying out the functions pursuant to paragraphs (7) and 
(9) of subsection (a), the Secretary of Homeland Security may utilize, 
with their consent, on a reimbursable basis, the services, personnel, 
equipment, and facilities of State and local governments, and is 
authorized to reimburse such State and local governments for the 
utilization of such services, personnel, equipment, and facilities. The 
Secretary of Homeland Security may carry out the functions pursuant to 
paragraphs (7) and (9) of subsection (a) by contract. The authority of 
this subsection may be transferred by the President to the Secretary of 
State. In carrying out any duty under

[[Page 120 STAT. 255]]

paragraphs (7) and (9) of subsection (a), the Secretary of State is 
authorized to utilize any authority available to the Secretary under 
title II of the State Department Basic Authorities Act of 1956.''.
    (b) Amendment to Table of Sections.--The table of sections at the 
beginning of chapter 203 of title 18, United States Code, is amended by 
inserting after the item relating to section 3056 the following new 
item:

``3056A. Powers, authorities, and duties of United States Secret Service 
           Uniformed Division.''.

    (c) Conforming Repeal to Effectuate Transfer.--Chapter 3 of title 3, 
United States Code, is repealed.
    (d) Conforming Amendments to Laws Affecting District of Columbia.--
(1) Section 1537(d) of title 31, United States Code, is amended--
            (A) by striking ``and the Executive Protective Service'' and 
        inserting ``and the Secret Service Uniformed Division''; and
            (B) by striking ``their protective duties'' and all that 
        follows and inserting ``their protective duties under sections 
        3056 and 3056A of title 18.''.

    (2) Section 204(e) of the State Department Basic Authorities Act 
(sec. 6-1304(e), D.C. Official Code) <<NOTE: 22 USC 4304.>> is amended 
by striking ``section 202 of title 3, United States Code, or section 
3056'' and inserting ``sections 3056 or 3056A''.

    (3) Section 214(a) of the State Department Basic Authorities 
Act <<NOTE: 22 USC 4314.>> (sec. 6-1313(a), D.C. Official Code) is 
amended by striking ``sections 202(8) and 208 of title 3'' and inserting 
``section 3056A(a)(7) and (d) of title 18''.

    (e) Additional Conforming Amendments.--
            (1) Title 12, United States Code, section 3414, ``Special 
        procedures'', is amended by striking ``3 U.S.C. 202'' in 
        subsection (a)(1)(B) and inserting ``18 U.S.C. 3056A''.
            (2) The State Department Basic Authorities Act of 1956 is 
        amended--
                    (A) in the first sentence of section 37(c) (22 
                U.S.C. 2709(c)), by striking ``section 202 of title 3, 
                United States Code, or section 3056 of title 18, United 
                States Code'' and inserting ``section 3056 or 3056A of 
                title 18, United States Code'';
                    (B) in section 204(e) (22 U.S.C. 4304(e)), by 
                striking ``section 202 of title 3, United States Code, 
                or section 3056 of title 18, United States Code'' and 
                inserting ``section 3056 or 3056A of title 18, United 
                States Code''; and
                    (C) in section 214(a) (22 U.S.C. 4314(a)), by 
                striking ``sections 202(7) and 208 of title 3, United 
                States Code'' and inserting ``subsections (a)(7) and (d) 
                of section 3056A of title 18, United States Code''.
            (3) Section 8D(a)(1)(F) of the Inspector General Act of 1978 
        (5 U.S.C. App.) is amended by striking ``section 202 of title 
        3'' and inserting ``section 3056A of title 18''.
            (4) Section 8I(a)(1)(E) of the Inspector General Act of 1978 
        (5 U.S.C. App.) is amended by striking ``section 202 of title 
        3'' and inserting ``section 3056A of title 18''.

[[Page 120 STAT. 256]]

SEC. 606. <<NOTE: 18 USC 3056A note.>> SAVINGS PROVISIONS.

    (a) This title does not affect the retirement benefits of current 
employees or annuitants that existed on the day before the effective 
date of this Act.
    (b) This title does not affect any Executive order transferring to 
the Secretary of State the authority of section 208 of title 3 (now 
section 3056A(d) of title 18) in effect on the day before the effective 
date of this Act.

SEC. 607. MAINTENANCE AS DISTINCT ENTITY.

    Section 3056 of title 18 is amended by adding the following at the 
end of the section:
    ``(g) The United States Secret Service shall be maintained as a 
distinct entity within the Department of Homeland Security and shall not 
be merged with any other Department function. No personnel and 
operational elements of the United States Secret Service shall report to 
an individual other than the Director of the United States Secret 
Service, who shall report directly to the Secretary of Homeland Security 
without being required to report through any other official of the 
Department.''.

SEC. 608. EXEMPTIONS FROM THE FEDERAL ADVISORY COMMITTEE ACT.

    (a) Advisory Committee Regarding Protection of Major Presidential 
and Vice Presidential Candidates.--Section 3056(a)(7) of title 18, 
United States Code, is amended by inserting ``The Committee shall not be 
subject to the Federal Advisory Committee Act (5 U.S.C. App. 2).'' after 
``other members of the Committee.''.
    (b) Electronic Crimes Task Forces.--Section 105 of Public Law 107-56 
(18 U.S.C. 3056 note) is amended by inserting ``The electronic crimes 
task forces shall not be subject to the Federal Advisory Committee Act 
(5 U.S.C. App. 2).'' after ``financial payment systems.''.

      TITLE VII-- <<NOTE: Combat Meth-amphetamine Epidemic Act of 
2005.>> COMBAT METHAMPHETAMINE EPIDEMIC ACT OF 2005

SEC. 701. <<NOTE: 21 USC 801 note.>> SHORT TITLE.

    This title may be cited as the ``Combat Methamphetamine Epidemic Act 
of 2005''.

         Subtitle A--Domestic Regulation of Precursor Chemicals

SEC. 711. SCHEDULED LISTED CHEMICAL PRODUCTS; RESTRICTIONS ON SALES 
            QUANTITY, BEHIND-THE-COUNTER ACCESS, AND OTHER SAFEGUARDS.

    (a) Scheduled Listed Chemical Products.--
            (1) In general.--Section 102 of the Controlled Substances 
        Act (21 U.S.C. 802) is amended--
                    (A) by redesignating paragraph (46) as paragraph 
                (49); and

[[Page 120 STAT. 257]]

                    (B) by inserting after paragraph (44) the following 
                paragraphs:

    ``(45)(A) The term `scheduled listed chemical product' means, 
subject to subparagraph (B), a product that--
            ``(i) contains ephedrine, pseudoephedrine, or 
        phenylpropanolamine; and
            ``(ii) may be marketed or distributed lawfully in the United 
        States under the Federal, Food, Drug, and Cosmetic Act as a 
        nonprescription drug.

Each reference in clause (i) to ephedrine, pseudoephedrine, or 
phenylpropanolamine includes each of the salts, optical isomers, and 
salts of optical isomers of such chemical.
    ``(B) Such term does not include a product described in subparagraph 
(A) if the product contains a chemical specified in such subparagraph 
that the Attorney General has under section 201(a) added to any of the 
schedules under section 202(c). In the absence of such scheduling by the 
Attorney General, a chemical specified in such subparagraph may not be 
considered to be a controlled substance.
    ``(46) The term `regulated seller' means a retail distributor 
(including a pharmacy or a mobile retail vendor), except that such term 
does not include an employee or agent of such distributor.
    ``(47) The term `mobile retail vendor' means a person or entity that 
makes sales at retail from a stand that is intended to be temporary, or 
is capable of being moved from one location to another, whether the 
stand is located within or on the premises of a fixed facility (such as 
a kiosk at a shopping center or an airport) or whether the stand is 
located on unimproved real estate (such as a lot or field leased for 
retail purposes).
    ``(48) The term `at retail', with respect to the sale or purchase of 
a scheduled listed chemical product, means a sale or purchase for 
personal use, respectively.''.
            (2) Conforming amendments.--The Controlled Substances Act 
        (21 U.S.C. 801 et seq.) is amended--
                    (A) in section 102, in paragraph (49) (as 
                redesignated by paragraph (1)(A) of this subsection)--
                          (i) in subparagraph (A), by striking 
                      ``pseudoephedrine or'' and inserting ``ephedrine, 
                      pseudoephedrine, or''; and
                          (ii) by striking subparagraph (B) and 
                      redesignating subparagraph (C) as subparagraph 
                      (B); and
                    (B) in section 310(b)(3)(D)(ii), <<NOTE: 21 USC 
                830.>> by striking ``102(46)'' and inserting 
                ``102(49)''.

    (b) Restrictions on Sales Quantity; Behind-the-Counter Access; 
Logbook Requirement; Training of Sales Personnel; Privacy Protections.--
            (1) In general.--Section 310 of the Controlled Substances 
        Act (21 U.S.C. 830) is amended by adding at the end the 
        following subsections:

    ``(d) Scheduled Listed Chemicals; Restrictions on Sales Quantity; 
Requirements Regarding Nonliquid Forms.--With respect to ephedrine base, 
pseudoephedrine base, or phenylpropanolamine base in a scheduled listed 
chemical product--
            ``(1) the quantity of such base sold at retail in such a 
        product by a regulated seller, or a distributor required to 
        submit reports by subsection (b)(3) may not, for any purchaser, 
        exceed

[[Page 120 STAT. 258]]

        a daily amount of 3.6 grams, without regard to the number of 
        transactions; and
            ``(2) such a seller or distributor may not sell such a 
        product in nonliquid form (including gel caps) at retail unless 
        the product is packaged in blister packs, each blister 
        containing not more than 2 dosage units, or where the use of 
        blister packs is technically infeasible, the product is packaged 
        in unit dose packets or pouches.

    ``(e) Scheduled Listed Chemicals; Behind-the-Counter Access; Logbook 
Requirement; Training of Sales Personnel; Privacy Protections.--
            ``(1) Requirements regarding retail transactions.--
                    ``(A) In general.--Each regulated seller shall 
                ensure that, subject to subparagraph (F), sales by such 
                seller of a scheduled listed chemical product at retail 
                are made in accordance with the following:
                          ``(i) In offering the product for sale, the 
                      seller places the product such that customers do 
                      not have direct access to the product before the 
                      sale is made (in this paragraph referred to as 
                      `behind-the-counter' placement). For purposes of 
                      this paragraph, a behind-the-counter placement of 
                      a product includes circumstances in which the 
                      product is stored in a locked cabinet that is 
                      located in an area of the facility involved to 
                      which customers do have direct access.
                          ``(ii) The seller delivers the product 
                      directly into the custody of the purchaser.
                          ``(iii) The seller maintains, in accordance 
                      with criteria issued by the Attorney General, a 
                      written or electronic list of such sales that 
                      identifies the products by name, the quantity 
                      sold, the names and addresses of purchasers, and 
                      the dates and times of the sales (which list is 
                      referred to in this subsection as the `logbook'), 
                      except that such requirement does not apply to any 
                      purchase by an individual of a single sales 
                      package if that package contains not more than 60 
                      milligrams of pseudoephedrine.
                          ``(iv) In the case of a sale to which the 
                      requirement of clause (iii) applies, the seller 
                      does not sell such a product unless--
                                    ``(I) the prospective purchaser--
                                            ``(aa) presents an 
                                        identification card that 
                                        provides a photograph and is 
                                        issued by a State or the Federal 
                                        Government, or a document that, 
                                        with respect to identification, 
                                        is considered acceptable for 
                                        purposes of sections 
                                        274a.2(b)(1)(v)(A) and 
                                        274a.2(b)(1)(v)(B) of title 8, 
                                        Code of Federal Regulations (as 
                                        in effect on or after the date 
                                        of the enactment of the Combat 
                                        Methamphetamine Epidemic Act of 
                                        2005); and
                                            ``(bb) signs the logbook and 
                                        enters in the logbook his or her 
                                        name, address, and the date and 
                                        time of the sale; and
                                    ``(II) the seller--

[[Page 120 STAT. 259]]

                                            ``(aa) determines that the 
                                        name entered in the logbook 
                                        corresponds to the name provided 
                                        on such identification and that 
                                        the date and time entered are 
                                        correct; and
                                            ``(bb) enters in the logbook 
                                        the name of the product and the 
                                        quantity sold.
                          ``(v) <<NOTE: Notification.>> The logbook 
                      includes, in accordance with criteria of the 
                      Attorney General, a notice to purchasers that 
                      entering false statements or misrepresentations in 
                      the logbook may subject the purchasers to criminal 
                      penalties under section 1001 of title 18, United 
                      States Code, which notice specifies the maximum 
                      fine and term of imprisonment under such section.
                          ``(vi) The seller maintains each entry in the 
                      logbook for not fewer than two years after the 
                      date on which the entry is made.
                          ``(vii) In the case of individuals who are 
                      responsible for delivering such products into the 
                      custody of purchasers or who deal directly with 
                      purchasers by obtaining payments for the products, 
                      the seller has submitted to the Attorney General a 
                      self-certification that all such individuals have, 
                      in accordance with criteria under subparagraph 
                      (B)(ii), undergone training provided by the seller 
                      to ensure that the individuals understand the 
                      requirements that apply under this subsection and 
                      subsection (d).
                          ``(viii) The seller maintains a copy of such 
                      certification and records demonstrating that 
                      individuals referred to in clause (vii) have 
                      undergone the training.
                          ``(ix) If the seller is a mobile retail 
                      vendor:
                                    ``(I) The seller complies with 
                                clause (i) by placing the product in a 
                                locked cabinet.
                                    ``(II) The seller does not sell more 
                                than 7.5 grams of ephedrine base, 
                                pseudoephedrine base, or 
                                phenylpropanolamine base in such 
                                products per customer during a 30-day 
                                period.
                    ``(B) Additional provisions regarding certifications 
                and training.--
                          ``(i) In general.--A regulated seller may not 
                      sell any scheduled listed chemical product at 
                      retail unless the seller has submitted to the 
                      Attorney General the self-certification referred 
                      to in subparagraph (A)(vii). The certification is 
                      not effective for purposes of the preceding 
                      sentence unless, in addition to provisions 
                      regarding the training of individuals referred to 
                      in such subparagraph, the certification includes a 
                      statement that the seller understands each of the 
                      requirements that apply under this paragraph and 
                      under subsection (d) and agrees to comply with the 
                      requirements.
                          ``(ii) Issuance of criteria; self-
                      certification.--The Attorney General shall by 
                      regulation establish criteria for certifications 
                      under this paragraph. The criteria shall--
                                    ``(I) provide that the 
                                certifications are self-certifications 
                                provided through the program under 
                                clause (iii);

[[Page 120 STAT. 260]]

                                    ``(II) provide that a separate 
                                certification is required for each place 
                                of business at which a regulated seller 
                                sells scheduled listed chemical products 
                                at retail; and
                                    ``(III) include criteria for 
                                training under subparagraph (A)(vii).
                          ``(iii) Program for regulated sellers.--The 
                      Attorney General shall establish a program 
                      regarding such certifications and training in 
                      accordance with the following:
                                    ``(I) The program shall be carried 
                                out through an Internet site of the 
                                Department of Justice and such other 
                                means as the Attorney General determines 
                                to be appropriate.
                                    ``(II) The program shall inform 
                                regulated sellers that section 1001 of 
                                title 18, United States Code, applies to 
                                such certifications.
                                    ``(III) The program shall make 
                                available to such sellers an explanation 
                                of the criteria under clause (ii).
                                    ``(IV) The program shall be designed 
                                to permit the submission of the 
                                certifications through such Internet 
                                site.
                                    ``(V) The program shall be designed 
                                to automatically provide the explanation 
                                referred to in subclause (III), and an 
                                acknowledgement that the Department has 
                                received a certification, without 
                                requiring direct interactions of 
                                regulated sellers with staff of the 
                                Department (other than the provision of 
                                technical assistance, as appropriate).
                          ``(iv) Availability of certification to state 
                      and local officials.--Promptly after receiving a 
                      certification under subparagraph (A)(vii), the 
                      Attorney General shall make available a copy of 
                      the certification to the appropriate State and 
                      local officials.
                    ``(C) Privacy protections.--In order to protect the 
                privacy of individuals who purchase scheduled listed 
                chemical products, the Attorney General shall by 
                regulation establish restrictions on disclosure of 
                information in logbooks under subparagraph (A)(iii). 
                Such regulations shall--
                          ``(i) provide for the disclosure of the 
                      information as appropriate to the Attorney General 
                      and to State and local law enforcement agencies; 
                      and
                          ``(ii) prohibit accessing, using, or sharing 
                      information in the logbooks for any purpose other 
                      than to ensure compliance with this title or to 
                      facilitate a product recall to protect public 
                      health and safety.
                    ``(D) False statements or misrepresentations by 
                purchasers.--For purposes of section 1001 of title 18, 
                United States Code, entering information in the logbook 
                under subparagraph (A)(iii) shall be considered a matter 
                within the jurisdiction of the executive, legislative, 
                or judicial branch of the Government of the United 
                States.
                    ``(E) Good faith protection.--A regulated seller who 
                in good faith releases information in a logbook under

[[Page 120 STAT. 261]]

                subparagraph (A)(iii) to Federal, State, or local law 
                enforcement authorities is immune from civil liability 
                for such release unless the release constitutes gross 
                negligence or intentional, wanton, or willful 
                misconduct.
                    ``(F) Inapplicability of requirements to certain 
                sales.--Subparagraph (A) does not apply to the sale at 
                retail of a scheduled listed chemical product if a 
                report on the sales transaction is required to be 
                submitted to the Attorney General under subsection 
                (b)(3).
                    ``(G) Certain measures regarding theft and 
                diversion.--A regulated seller may take reasonable 
                measures to guard against employing individuals who may 
                present a risk with respect to the theft and diversion 
                of scheduled listed chemical products, which may 
                include, notwithstanding State law, asking applicants 
                for employment whether they have been convicted of any 
                crime involving or related to such products or 
                controlled substances.''.
            (2)  <<NOTE: 21 USC 830 note.>> Effective dates.--With 
        respect to subsections (d) and (e)(1) of section 310 of the 
        Controlled Substances Act, as added by paragraph (1) of this 
        subsection:
                    (A) Such subsection (d) applies on and after the 
                expiration of the 30-day period beginning on the date of 
                the enactment of this Act.
                    (B) Such subsection (e)(1) applies on and after 
                September 30, 2006.

    (c) Mail-Order Reporting.--
            (1) In general.--Section 310(e) of the Controlled Substances 
        Act, as added by subsection (b)(1) of this section, is amended 
        by adding at the end the following:
            ``(2) Mail-order reporting; verification of identity of 
        purchaser; 30-day restriction on quantities for individual 
        purchasers.--Each regulated person who makes a sale at retail of 
        a scheduled listed chemical product and is required under 
        subsection (b)(3) to submit a report of the sales transaction to 
        the Attorney General is subject to the following:
                    ``(A) The person shall, prior to shipping the 
                product, confirm the identity of the purchaser in 
                accordance with procedures established by the Attorney 
                General. The Attorney General shall by regulation 
                establish such procedures.
                    ``(B) The person may not sell more than 7.5 grams of 
                ephedrine base, pseudoephedrine base, or 
                phenylpropanolamine base in such products per customer 
                during a 30-day period.''.
            (2) Inapplicability of reporting exemption for retail 
        distributors.--Section 310(b)(3)(D)(ii) of the Controlled 
        Substances Act (21 U.S.C. 830(b)(3)(D)(ii)) is amended by 
        inserting before the period the following: ``, except that this 
        clause does not apply to sales of scheduled listed chemical 
        products at retail''.
            (3)  <<NOTE: 21 USC 830 note.>> Effective date.--The 
        amendments made by paragraphs (1) and (2) apply on and after the 
        expiration of the 30-day period beginning on the date of the 
        enactment of this Act.

    (d) Exemptions for Certain Products.--Section 310(e) of the 
Controlled Substances Act, as added and amended by subsections

[[Page 120 STAT. 262]]

(b) and (c) of this section, respectively, is amended by adding at the 
end the following paragraph:
            ``(3) Exemptions for certain products.--Upon the application 
        of a manufacturer of a scheduled listed chemical product, the 
        Attorney General may by regulation provide that the product is 
        exempt from the provisions of subsection (d) and paragraphs (1) 
        and (2) of this subsection if the Attorney General determines 
        that the product cannot be used in the illicit manufacture of 
        methamphetamine.''.

    (e) Restrictions on Quantity Purchased During 30-Day Period.--
            (1) In general.--Section 404(a) of the Controlled Substances 
        Act (21 U.S.C. 844(a)) is amended by inserting after the second 
        sentence the following: ``It shall be unlawful for any person to 
        knowingly or intentionally purchase at retail during a 30 day 
        period more than 9 grams of ephedrine base, pseudoephedrine 
        base, or phenylpropanolamine base in a scheduled listed chemical 
        product, except that, of such 9 grams, not more than 7.5 grams 
        may be imported by means of shipping through any private or 
        commercial carrier or the Postal Service.''.
            (2)  <<NOTE: 21 USC 844 note.>> Effective date.--The 
        amendment made by paragraph (1) applies on and after the 
        expiration of the 30-day period beginning on the date of the 
        enactment of this Act.

    (f) Enforcement of Requirements for Retail Sales.--
            (1) Civil and criminal penalties.--
                    (A) In general.--Section 402(a) of the Controlled 
                Substances Act (21 U.S.C. 842(a)) is amended--
                          (i) in paragraph (10), by striking ``or'' 
                      after the semicolon;
                          (ii) in paragraph (11), by striking the period 
                      at the end and inserting a semicolon; and
                          (iii) by inserting after paragraph (11) the 
                      following paragraphs:
            ``(12) who is a regulated seller, or a distributor required 
        to submit reports under subsection (b)(3) of section 310--
                    ``(A) to sell at retail a scheduled listed chemical 
                product in violation of paragraph (1) of subsection (d) 
                of such section, knowing at the time of the transaction 
                involved (independent of consulting the logbook under 
                subsection (e)(1)(A)(iii) of such section) that the 
                transaction is a violation; or
                    ``(B) to knowingly or recklessly sell at retail such 
                a product in violation of paragraph (2) of such 
                subsection (d);
            ``(13) who is a regulated seller to knowingly or recklessly 
        sell at retail a scheduled listed chemical product in violation 
        of subsection (e) of such section; or
            ``(14) who is a regulated seller or an employee or agent of 
        such seller to disclose, in violation of regulations under 
        subparagraph (C) of section 310(e)(1), information in logbooks 
        under subparagraph (A)(iii) of such section, or to refuse to 
        provide such a logbook to Federal, State, or local law 
        enforcement authorities.''.
                    (B) Conforming amendment.--Section 401(f)(1) of the 
                Controlled Substances Act (21 U.S.C. 841(f)(1)) is 
                amended by inserting after ``shall'' the following: ``, 
                except to the

[[Page 120 STAT. 263]]

                extent that paragraph (12), (13), or (14) of section 
                402(a) applies,''.
            (2) Authority to prohibit sales by violators.--Section 
        402(c) of the Controlled Substances Act (21 U.S.C. 842(c)) is 
        amended by adding at the end the following paragraph:

    ``(4)(A) If a regulated seller, or a distributor required to submit 
reports under section 310(b)(3), violates paragraph (12) of subsection 
(a) of this section, or if a regulated seller violates paragraph (13) of 
such subsection, the Attorney General may by order prohibit such seller 
or distributor (as the case may be) from selling any scheduled listed 
chemical product. Any sale of such a product in violation of such an 
order is subject to the same penalties as apply under paragraph (2).
    ``(B) An order under subparagraph (A) may be imposed only through 
the same procedures as apply under section 304(c) for an order to show 
cause.''.
    (g)  <<NOTE: 21 USC 802 note.>> Preservation of State Authority to 
Regulate Scheduled Listed Chemicals.--This section and the amendments 
made by this section may not be construed as having any legal effect on 
section 708 of the Controlled Substances Act as applied to the 
regulation of scheduled listed chemicals (as defined in section 102(45) 
of such Act).

SEC. 712. REGULATED TRANSACTIONS.

    (a) Conforming Amendments Regarding Scheduled Listed Chemicals.--The 
Controlled Substances Act (21 U.S.C. 801 et seq.) is amended--
            (1) in section 102-- <<NOTE: 21 USC 802.>> 
                    (A) in paragraph (39)(A)--
                          (i) by amending clause (iv) to read as 
                      follows:
                    ``(iv) any transaction in a listed chemical that is 
                contained in a drug that may be marketed or distributed 
                lawfully in the United States under the Federal Food, 
                Drug, and Cosmetic Act, subject to clause (v), unless--
                          ``(I) the Attorney General has determined 
                      under section 204 that the drug or group of drugs 
                      is being diverted to obtain the listed chemical 
                      for use in the illicit production of a controlled 
                      substance; and
                          ``(II) the quantity of the listed chemical 
                      contained in the drug included in the transaction 
                      or multiple transactions equals or exceeds the 
                      threshold established for that chemical by the 
                      Attorney General;'';
                          (ii) by redesignating clause (v) as clause 
                      (vi); and
                          (iii) by inserting after clause (iv) the 
                      following clause:
                    ``(v) any transaction in a scheduled listed chemical 
                product that is a sale at retail by a regulated seller 
                or a distributor required to submit reports under 
                section 310(b)(3); or''; and
                    (B) by striking the paragraph (45) that relates to 
                the term ``ordinary over-the-counter pseudoephedrine or 
                phenylpropanolamine product'';
            (2) in section 204, <<NOTE: 21 USC 814.>> by striking 
        subsection (e); and
            (3) in section 303(h), <<NOTE: 21 USC 823.>>  in the second 
        sentence, by striking ``section 102(39)(A)(iv)'' and inserting 
        ``clause (iv) or (v) of section 102(39)(A)''.

[[Page 120 STAT. 264]]

    (b) Public Law 104-237.--Section 401 of the Comprehensive 
Methamphetamine Control Act of 1996 (21 U.S.C. 802 note) (Public Law 
104-237) is amended by striking subsections (d), (e), and (f).

SEC. 713. AUTHORITY TO ESTABLISH PRODUCTION QUOTAS.

    Section 306 of the Controlled Substances Act (21 U.S.C. 826) is 
amended--
            (1) in subsection (a), by inserting ``and for ephedrine, 
        pseudoephedrine, and phenylpropanolamine'' after ``for each 
        basic class of controlled substance in schedules I and II'';
            (2) in subsection (b), by inserting ``or for ephedrine, 
        pseudoephedrine, or phenylpropanolamine'' after ``for each basic 
        class of controlled substance in schedule I or II'';
            (3) in subsection (c), in the first sentence, by inserting 
        ``and for ephedrine, pseudoephedrine, and phenylpropanolamine'' 
        after ``for the basic classes of controlled substances in 
        schedules I and II'';
            (4) in subsection (d), by inserting ``or ephedrine, 
        pseudoephedrine, or phenylpropanolamine'' after ``that basic 
        class of controlled substance'';
            (5) in subsection (e), by inserting ``or for ephedrine, 
        pseudoephedrine, or phenylpropanolamine'' after ``for a basic 
        class of controlled substance in schedule I or II'';
            (6) in subsection (f)--
                    (A) by inserting ``or ephedrine, pseudoephedrine, or 
                phenylpropanolamine'' after ``controlled substances in 
                schedules I and II'';
                    (B) by inserting ``or of ephedrine, pseudoephedrine, 
                or phenylpropanolamine'' after ``the manufacture of a 
                controlled substance''; and
                    (C) by inserting ``or chemicals'' after ``such 
                incidentally produced substances''; and
            (7) by adding at the end the following subsection:

    ``(g) Each reference in this section to ephedrine, pseudoephedrine, 
or phenylpropanolamine includes each of the salts, optical isomers, and 
salts of optical isomers of such chemical.''.

SEC. 714. PENALTIES; AUTHORITY FOR MANUFACTURING; QUOTA.

    Section 402(b) of the Controlled Substances Act (21 U.S.C. 842(b)) 
is amended by inserting after ``manufacture a controlled substance in 
schedule I or II'' the following: ``, or ephedrine, pseudoephedrine, or 
phenylpropanolamine or any of the salts, optical isomers, or salts of 
optical isomers of such chemical,''.

SEC. 715. RESTRICTIONS ON IMPORTATION; AUTHORITY TO PERMIT IMPORTS FOR 
            MEDICAL, SCIENTIFIC, OR OTHER LEGITIMATE PURPOSES.

    Section 1002 of the Controlled Substances Import and Export Act (21 
U.S.C. 952) is amended--
            (1) in subsection (a)--
                    (A) in the matter preceding paragraph (1), by 
                inserting ``or ephedrine, pseudoephedrine, or 
                phenylpropanolamine,'' after ``schedule III, IV, or V of 
                title II,''; and
                    (B) in paragraph (1), by inserting ``, and of 
                ephedrine, pseudoephedrine, and phenylpropanolamine, '' 
                after ``coca leaves''; and
            (2) by adding at the end the following subsections:

[[Page 120 STAT. 265]]

    ``(d)(1) With respect to a registrant under section 1008 who is 
authorized under subsection (a)(1) to import ephedrine, pseudoephedrine, 
or phenylpropanolamine, at any time during the year the registrant may 
apply for an increase in the amount of such chemical that the registrant 
is authorized to import, and the Attorney General may approve the 
application if the Attorney General determines that the approval is 
necessary to provide for medical, scientific, or other legitimate 
purposes regarding the chemical.
    ``(2) With respect to the application under paragraph (1):
            ``(A) <<NOTE: Deadline.>> Not later than 60 days after 
        receiving the application, the Attorney General shall approve or 
        deny the application.
            ``(B) In approving the application, the Attorney General 
        shall specify the period of time for which the approval is in 
        effect, or shall provide that the approval is effective until 
        the registrant involved is notified in writing by the Attorney 
        General that the approval is terminated.
            ``(C) If the Attorney General does not approve or deny the 
        application before the expiration of the 60-day period under 
        subparagraph (A), the application is deemed to be approved, and 
        such approval remains in effect until the Attorney General 
        notifies the registrant in writing that the approval is 
        terminated.

    ``(e) Each reference in this section to ephedrine, pseudoephedrine, 
or phenylpropanolamine includes each of the salts, optical isomers, and 
salts of optical isomers of such chemical.''.

SEC. 716. NOTICE OF IMPORTATION OR EXPORTATION; APPROVAL OF SALE OR 
            TRANSFER BY IMPORTER OR EXPORTER.

    (a) In General.--Section 1018 of the Controlled Substances Import 
and Export Act (21 U.S.C. 971) is amended--
            (1) in subsection (b)(1), in the first sentence, by striking 
        ``or to an importation by a regular importer'' and inserting 
        ``or to a transaction that is an importation by a regular 
        importer'';
            (2) by redesignating subsections (d) and (e) as subsections 
        (e) and (f), respectively;
            (3) by inserting after subsection (c) the following 
        subsection:

    ``(d)(1)(A) Information provided in a notice under subsection (a) or 
(b) shall include the name of the person to whom the importer or 
exporter involved intends to transfer the listed chemical involved, and 
the quantity of such chemical to be transferred.
    ``(B) In the case of a notice under subsection (b) submitted by a 
regular importer, if the transferee identified in the notice is not a 
regular customer, such importer may not transfer the listed chemical 
until after the expiration of the 15-day period beginning on the date on 
which the notice is submitted to the Attorney General.
    ``(C) After a notice under subsection (a) or (b) is submitted to the 
Attorney General, if circumstances change and the importer or exporter 
will not be transferring the listed chemical to the transferee 
identified in the notice, or will be transferring a greater quantity of 
the chemical than specified in the notice, the importer or exporter 
shall update the notice to identify the most recent prospective 
transferee or the most recent quantity or both (as the case may be) and 
may not transfer the listed chemical until after the expiration of the 
15-day period beginning on the date

[[Page 120 STAT. 266]]

on which the update is submitted to the Attorney General, except that 
such 15-day restriction does not apply if the prospective transferee 
identified in the update is a regular 
customer. <<NOTE: Applicability.>> The preceding sentence applies with 
respect to changing circumstances regarding a transferee or quantity 
identified in an update to the same extent and in the same manner as 
such sentence applies with respect to changing circumstances regarding a 
transferee or quantity identified in the original notice under 
subsection (a) or (b).

     <<NOTE: Deadline.>> ``(D) In the case of a transfer of a listed 
chemical that is subject to a 15-day restriction under subparagraph (B) 
or (C), the transferee involved shall, upon the expiration of the 15-day 
period, be considered to qualify as a regular customer, unless the 
Attorney General otherwise notifies the importer or exporter involved in 
writing.

    ``(2) With respect to a transfer of a listed chemical with which a 
notice or update referred to in paragraph (1) is concerned:
            ``(A) The Attorney General, in accordance with the same 
        procedures as apply under subsection (c)(2)--
                    ``(i) may order the suspension of the transfer of 
                the listed chemical by the importer or exporter 
                involved, except for a transfer to a regular customer, 
                on the ground that the chemical may be diverted to the 
                clandestine manufacture of a controlled substance 
                (without regard to the form of the chemical that may be 
                diverted, including the diversion of a finished drug 
                product to be manufactured from bulk chemicals to be 
                transferred), subject to the Attorney General ordering 
                such suspension before the expiration of the 15-day 
                period referred to in paragraph (1) with respect to the 
                importation or exportation (in any case in which such a 
                period applies); and
                    ``(ii) may, for purposes of clause (i) and paragraph 
                (1), disqualify a regular customer on such ground.
            ``(B) <<NOTE: Notification.>> From and after the time when 
        the Attorney General provides written notice of the order under 
        subparagraph (A) (including a statement of the legal and factual 
        basis for the order) to the importer or exporter, the importer 
        or exporter may not carry out the transfer.

    ``(3) For purposes of this subsection:
            ``(A) The terms `importer' and `exporter' mean a regulated 
        person who imports or exports a listed chemical, respectively.
            ``(B) The term `transfer', with respect to a listed 
        chemical, includes the sale of the chemical.
            ``(C) The term `transferee' means a person to whom an 
        importer or exporter transfers a listed chemical.''; and
            (4) by adding at the end the following subsection:

    ``(g) <<NOTE: Deadlines.>> Within 30 days after a transaction 
covered by this section is completed, the importer or exporter shall 
send the Attorney General a return declaration containing particulars of 
the transaction, including the date, quantity, chemical, container, name 
of transferees, and such other information as the Attorney General may 
specify in regulations. For importers, a single return declaration may 
include the particulars of both the importation and distribution. If the 
importer has not distributed all chemicals imported by the end of the 
initial 30-day period, the importer shall file supplemental return 
declarations no later than 30 days from the date of any further 
distribution, until the distribution or other

[[Page 120 STAT. 267]]

disposition of all chemicals imported pursuant to the import 
notification or any update are accounted for.''.

    (b) Conforming Amendments.--
            (1) Controlled substances import and export act.--The 
        Controlled Substances Import and Export Act (21 U.S.C. 951 et 
        seq.) is amended--
                    (A) in section 1010(d)(5), <<NOTE: 21 USC 960.>> by 
                striking ``section 1018(e)(2) or (3)'' and inserting 
                ``paragraph (2) or (3) of section 1018(f)''; and
                    (B) in section 1018(c)(1), <<NOTE: 21 USC 971.>> in 
                the first sentence, by inserting before the period the 
                following: ``(without regard to the form of the chemical 
                that may be diverted, including the diversion of a 
                finished drug product to be manufactured from bulk 
                chemicals to be transferred)''.
            (2) Controlled substances act.--Section 310(b)(3)(D)(v) of 
        the Controlled Substances Act (21 U.S.C. 830(b)(3)(D)(v)) is 
        amended by striking ``section 1018(e)(2)'' and inserting 
        ``section 1018(f)(2)''.

SEC. 717. ENFORCEMENT OF RESTRICTIONS ON IMPORTATION AND OF REQUIREMENT 
            OF NOTICE OF TRANSFER.

    Section 1010(d)(6) of the Controlled Substances Import and Export 
Act (21 U.S.C. 960(d)(6)) is amended to read as follows:
            ``(6) imports a listed chemical in violation of section 
        1002, imports or exports such a chemical in violation of section 
        1007 or 1018, or transfers such a chemical in violation of 
        section 1018(d); or''.

SEC. 718. <<NOTE: 21 USC 826 note.>> COORDINATION WITH UNITED STATES 
            TRADE REPRESENTATIVE.

    In implementing sections 713 through 717 and section 721 of this 
title, the Attorney General shall consult with the United States Trade 
Representative to ensure implementation complies with all applicable 
international treaties and obligations of the United States.

       Subtitle B--International Regulation of Precursor Chemicals

SEC. 721. INFORMATION ON FOREIGN CHAIN OF DISTRIBUTION; IMPORT 
            RESTRICTIONS REGARDING FAILURE OF DISTRIBUTORS TO COOPERATE.

    Section 1018 of the Controlled Substances Import and Export Act (21 
U.S.C. 971), as amended by section 716(a)(4) of this title, is further 
amended by adding at the end the following subsection:
    ``(h)(1) With respect to a regulated person importing ephedrine, 
pseudoephedrine, or phenylpropanolamine (referred to in this section as 
an `importer'), a notice of importation under subsection (a) or (b) 
shall include all information known to the importer on the chain of 
distribution of such chemical from the manufacturer to the importer.
    ``(2) For the purpose of preventing or responding to the diversion 
of ephedrine, pseudoephedrine, or phenylpropanolamine for use in the 
illicit production of methamphetamine, the Attorney General may, in the 
case of any person who is a manufacturer or distributor of such chemical 
in the chain of distribution referred to in paragraph

[[Page 120 STAT. 268]]

(1) (which person is referred to in this subsection as a `foreign-chain 
distributor'), request that such distributor provide to the Attorney 
General information known to the distributor on the distribution of the 
chemical, including sales.
    ``(3) If the Attorney General determines that a foreign-chain 
distributor is refusing to cooperate with the Attorney General in 
obtaining the information referred to in paragraph (2), the Attorney 
General may, in accordance with procedures that apply under subsection 
(c), issue an order prohibiting the importation of ephedrine, 
pseudoephedrine, or phenylpropanolamine in any case in which such 
distributor is part of the chain of distribution for such 
chemical. <<NOTE: Deadline. Federal Register, publication. Notice.>> Not 
later than 60 days prior to issuing the order, the Attorney General 
shall publish in the Federal Register a notice of intent to issue the 
order. During such 60-day period, imports of the chemical with respect 
to such distributor may not be restricted under this paragraph.''.

SEC. 722. REQUIREMENTS RELATING TO THE LARGEST EXPORTING AND IMPORTING 
            COUNTRIES OF CERTAIN PRECURSOR CHEMICALS.

    (a) Reporting Requirements.--Section 489(a) of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2291h(a)) is amended by adding at the 
end the following new paragraph:
            ``(8)(A) A separate section that contains the following:
                    ``(i) An identification of the five countries that 
                exported the largest amount of pseudoephedrine, 
                ephedrine, and phenylpropanolamine (including the salts, 
                optical isomers, or salts of optical isomers of such 
                chemicals, and also including any products or substances 
                containing such chemicals) during the preceding calendar 
                year.
                    ``(ii) An identification of the five countries that 
                imported the largest amount of the chemicals described 
                in clause (i) during the preceding calendar year and 
                have the highest rate of diversion of such chemicals for 
                use in the illicit production of methamphetamine (either 
                in that country or in another country).
                    ``(iii) An economic analysis of the total worldwide 
                production of the chemicals described in clause (i) as 
                compared to the legitimate demand for such chemicals 
                worldwide.
            ``(B) The identification of countries that imported the 
        largest amount of chemicals under subparagraph (A)(ii) shall be 
        based on the following:
                    ``(i) An economic analysis that estimates the 
                legitimate demand for such chemicals in such countries 
                as compared to the actual or estimated amount of such 
                chemicals that is imported into such countries.
                    ``(ii) The best available data and other information 
                regarding the production of methamphetamine in such 
                countries and the diversion of such chemicals for use in 
                the production of methamphetamine.''.

    (b) Annual Certification Procedures.--Section 490(a) of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2291j(a)) is amended--
            (1) in paragraph (1), by striking ``major illicit drug 
        producing country or major drug-transit country'' and inserting 
        ``major illicit drug producing country, major drug-transit

[[Page 120 STAT. 269]]

        country, or country identified pursuant to clause (i) or (ii) of 
        section 489(a)(8)(A) of this Act''; and
            (2) in paragraph (2), by inserting after ``(as determined 
        under subsection (h))'' the following: ``or country identified 
        pursuant to clause (i) or (ii) of section 489(a)(8)(A) of this 
        Act''.

    (c) Conforming Amendment.--Section 706 of the Foreign Relations 
Authorization Act, Fiscal Year 2003 (22 U.S.C. 2291j-1) is amended in 
paragraph (5) by adding at the end the following:
            ``(C) Nothing in this section shall affect the requirements 
        of section 490 of the Foreign Assistance Act of 1961 (22 U.S.C. 
        2291j) with respect to countries identified pursuant to section 
        clause (i) or (ii) of 489(a)(8)(A) of the Foreign Assistance Act 
        of 1961.''.

    (d) <<NOTE: Deadline. 22 USC 2291h note.>> Plan to Address Diversion 
of Precursor Chemicals.--In the case of each country identified pursuant 
to clause (i) or (ii) of section 489(a)(8)(A) of the Foreign Assistance 
Act of 1961 (as added by subsection (a)) with respect to which the 
President has not transmitted to Congress a certification under section 
490(b) of such Act (22 U.S.C. 2291j(b)), the Secretary of State, in 
consultation with the Attorney General, shall, not later than 180 days 
after the date on which the President transmits the report required by 
section 489(a) of such Act (22 U.S.C. 2291h(a)), submit to Congress a 
comprehensive plan to address the diversion of the chemicals described 
in section 489(a)(8)(A)(i) of such Act to the illicit production of 
methamphetamine in such country or in another country, including the 
establishment, expansion, and enhancement of regulatory, law 
enforcement, and other investigative efforts to prevent such diversion.

    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of State to carry out this section 
$1,000,000 for each of the fiscal years 2006 and 2007.

SEC. 723. <<NOTE: 22 USC 2291 note.>> PREVENTION OF SMUGGLING OF 
            METHAMPHETAMINE INTO THE UNITED STATES FROM MEXICO.

    (a) In General.--The Secretary of State, acting through the 
Assistant Secretary of the Bureau for International Narcotics and Law 
Enforcement Affairs, shall take such actions as are necessary to prevent 
the smuggling of methamphetamine into the United States from Mexico.
    (b) Specific Actions.--In carrying out subsection (a), the Secretary 
shall--
            (1) improve bilateral efforts at the United States-Mexico 
        border to prevent the smuggling of methamphetamine into the 
        United States from Mexico;
            (2) seek to work with Mexican law enforcement authorities to 
        improve the ability of such authorities to combat the production 
        and trafficking of methamphetamine, including by providing 
        equipment and technical assistance, as appropriate; and
            (3) encourage the Government of Mexico to take immediate 
        action to reduce the diversion of pseudoephedrine by drug 
        trafficking organizations for the production and trafficking of 
        methamphetamine.

    (c) Report.--Not later than one year after the date of the enactment 
of this Act, and annually thereafter, the Secretary shall submit to the 
appropriate congressional committees a report on the implementation of 
this section for the prior year.

[[Page 120 STAT. 270]]

    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary to carry out this section $4,000,000 for 
each of the fiscal years 2006 and 2007.

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

SEC. 731. <<NOTE: 21 USC 865.>> SMUGGLING METHAMPHETAMINE OR 
            METHAMPHETAMINE PRECURSOR CHEMICALS INTO THE UNITED STATES 
            WHILE USING FACILITATED ENTRY PROGRAMS.

    (a) Enhanced Prison Sentence.--The sentence of imprisonment imposed 
on a person convicted of an offense under the Controlled Substances Act 
(21 U.S.C. 801 et seq.) or the Controlled Substances Import and Export 
Act (21 U.S.C. 951 et seq.), involving methamphetamine or any listed 
chemical that is defined in section 102(33) of the Controlled Substances 
Act (21 U.S.C. 802(33), shall, if the offense is committed under the 
circumstance described in subsection (b), be increased by a consecutive 
term of imprisonment of not more than 15 years.
    (b) Circumstances.--For purposes of subsection (a), the circumstance 
described in this subsection is that the offense described in subsection 
(a) was committed by a person who--
            (1) was enrolled in, or who was acting on behalf of any 
        person or entity enrolled in, any dedicated commuter lane, 
        alternative or accelerated inspection system, or other 
        facilitated entry program administered or approved by the 
        Federal Government for use in entering the United States; and
            (2) committed the offense while entering the United States, 
        using such lane, system, or program.

    (c) Permanent Ineligibility.--Any person whose term of imprisonment 
is increased under subsection (a) shall be permanently and irrevocably 
barred from being eligible for or using any lane, system, or program 
described in subsection (b)(1).

SEC. 732. MANUFACTURING CONTROLLED SUBSTANCES ON FEDERAL PROPERTY.

    Subsection (b) of section 401 of the Controlled Substances Act (21 
U.S.C. 841(b)) is amended in paragraph (5) by inserting ``or 
manufacturing'' after ``cultivating''.

SEC. 733. INCREASED PUNISHMENT FOR METHAMPHETAMINE KINGPINS.

    Section 408 of the Controlled Substances Act (21 U.S.C. 848) is 
amended by adding at the end the following:
    ``(s)  <<NOTE: Applicability.>> Special Provision for 
Methamphetamine.--For the purposes of subsection (b), in the case of 
continuing criminal enterprise involving methamphetamine or its salts, 
isomers, or salts of isomers, paragraph (2)(A) shall be applied by 
substituting `200' for `300', and paragraph (2)(B) shall be applied by 
substituting `$5,000,000' for `$10 million dollars'.''.

SEC. 734. NEW CHILD-PROTECTION CRIMINAL ENHANCEMENT.

    (a) In General.--The Controlled Substances Act is amended by 
inserting after section 419 (21 U.S.C. 860) the following:

[[Page 120 STAT. 271]]

``Consecutive sentence for manufacturing or distributing, or possessing 
 with intent to manufacture or distribute, methamphetamine on premises 
                  where children are present or reside


    ``Sec. 419a. <<NOTE: 21 USC 860a.>> Whoever violates section 
401(a)(1) by manufacturing or distributing, or possessing with intent to 
manufacture or distribute, methamphetamine or its salts, isomers or 
salts of isomers on premises in which an individual who is under the age 
of 18 years is present or resides, shall, in addition to any other 
sentence imposed, be imprisoned for a period of any term of years but 
not more than 20 years, subject to a fine, or both.''.

    (b) Clerical Amendment.--The table of contents of the Comprehensive 
Drug Abuse Prevention and Control Act of 1970 is amended by inserting 
after the item relating to section 419 the following new item:

``Sec. 419a. Consecutive sentence for manufacturing or distributing, or 
           possessing with intent to manufacture or distribute, 
           methamphetamine on premises where children are present or 
           reside.''.

SEC. 735. AMENDMENTS TO CERTAIN SENTENCING COURT REPORTING REQUIREMENTS.

    Section 994(w) of title 28, United States Code, is amended--
            (1) in paragraph (1)--
                    (A) by inserting ``, in a format approved and 
                required by the Commission,'' after ``submits to the 
                Commission'';
                    (B) in subparagraph (B)--
                          (i) by inserting ``written'' before 
                      ``statement of reasons''; and
                          (ii) by inserting ``and which shall be stated 
                      on the written statement of reasons form issued by 
                      the Judicial Conference and approved by the United 
                      States Sentencing Commission'' after ``applicable 
                      guideline range''; and
                    (C) by adding at the end the following:

``The information referred to in subparagraphs (A) through (F) shall be 
submitted by the sentencing court in a format approved and required by 
the Commission.''; and
            (2) in paragraph (4), by striking ``may assemble or maintain 
        in electronic form that include any'' and inserting ``itself may 
        assemble or maintain in electronic form as a result of the''.

SEC. 736. <<NOTE: 21 USC 871a.>> SEMIANNUAL REPORTS TO CONGRESS.

    (a) In General.--The Attorney General shall, on a semiannual basis, 
submit to the congressional committees and organizations specified in 
subsection (b) reports that--
            (1) describe the allocation of the resources of the Drug 
        Enforcement Administration and the Federal Bureau of 
        Investigation for the investigation and prosecution of alleged 
        violations of the Controlled Substances Act involving 
        methamphetamine; and
            (2) the measures being taken to give priority in the 
        allocation of such resources to such violations involving--
                    (A) persons alleged to have imported into the United 
                States substantial quantities of methamphetamine or 
                scheduled listed chemicals (as defined pursuant to the 
                amendment made by section 711(a)(1));

[[Page 120 STAT. 272]]

                    (B) persons alleged to have manufactured 
                methamphetamine; and
                    (C) circumstances in which the violations have 
                endangered children.

    (b) Congressional Committees.--The congressional committees and 
organizations referred to in subsection (a) are--
            (1) in the House of Representatives, the Committee on the 
        Judiciary, the Committee on Energy and Commerce, and the 
        Committee on Government Reform; and
            (2) in the Senate, the Committee on the Judiciary, the 
        Committee on Commerce, Science, and Transportation, and the 
        Caucus on International Narcotics Control.

    Subtitle D--Enhanced Environmental Regulation of Methamphetamine 
                               Byproducts

SEC. 741. BIENNIAL REPORT TO CONGRESS ON AGENCY DESIGNATIONS OF BY-
            PRODUCTS OF METHAMPHETAMINE LABORATORIES AS HAZARDOUS 
            MATERIALS.

    Section 5103 of title 49, Unites States Code, is amended by adding 
at the end the following:
    ``(d) Biennial Report.--The Secretary of Transportation shall submit 
to the Committee on Transportation and Infrastructure of the House of 
Representatives and the Senate Committee on Commerce, Science, and 
Transportation a biennial report providing information on whether the 
Secretary has designated as hazardous materials for purposes of chapter 
51 of such title all by-products of the methamphetamine-production 
process that are known by the Secretary to pose an unreasonable risk to 
health and safety or property when transported in commerce in a 
particular amount and form.''.

SEC. 742. METHAMPHETAMINE PRODUCTION REPORT.

    Section 3001 of the Solid Waste Disposal Act (42 U.S.C. 6921) is 
amended at the end by adding the following:
    ``(j) Methamphetamine Production.--Not later than every 24 months, 
the Administrator shall submit to the Committee on Energy and Commerce 
of the House of Representatives and the Committee on Environment and 
Public Works of the Senate a report setting forth information collected 
by the Administrator from law enforcement agencies, States, and other 
relevant stakeholders that identifies the byproducts of the 
methamphetamine production process and whether the Administrator 
considers each of the byproducts to be a hazardous waste pursuant to 
this section and relevant regulations.''.

SEC. 743. CLEANUP COSTS.

    (a) In General.--Section 413(q) of the Controlled Substances Act (21 
U.S.C. 853(q)) is amended--
            (1) in the matter preceding paragraph (1), by inserting ``, 
        the possession, or the possession with intent to distribute,'' 
        after ``manufacture''; and
            (2) in paragraph (2), by inserting ``, or on premises or in 
        property that the defendant owns, resides, or does business in'' 
        after ``by the defendant''.

[[Page 120 STAT. 273]]

    (b)  <<NOTE: 21 USC 853 note.>> Savings Clause.--Nothing in this 
section shall be interpreted or construed to amend, alter, or otherwise 
affect the obligations, liabilities and other responsibilities of any 
person under any Federal or State environmental laws.

             Subtitle E--Additional Programs and Activities

SEC. 751. IMPROVEMENTS TO DEPARTMENT OF JUSTICE DRUG COURT GRANT 
            PROGRAM.

    Section 2951 of the Omnibus Crime Control and Safe Streets Act of 
1968 (42 U.S.C. 3797u) is amended by adding at the end the following new 
subsection:
    ``(c) Mandatory Drug Testing and Mandatory Sanctions.--
            ``(1) Mandatory testing.--Grant amounts under this part may 
        be used for a drug court only if the drug court has mandatory 
        periodic testing as described in subsection (a)(3)(A). The 
        Attorney General shall, by prescribing guidelines or 
        regulations, specify standards for the timing and manner of 
        complying with such requirements. The standards--
                    ``(A) shall ensure that--
                          ``(i) each participant is tested for every 
                      controlled substance that the participant has been 
                      known to abuse, and for any other controlled 
                      substance the Attorney General or the court may 
                      require; and
                          ``(ii) the testing is accurate and 
                      practicable; and
                    ``(B) may require approval of the drug testing 
                regime to ensure that adequate testing occurs.
            ``(2)  <<NOTE: Regulations.>> Mandatory sanctions.--The 
        Attorney General shall, by prescribing guidelines or 
        regulations, specify that grant amounts under this part may be 
        used for a drug court only if the drug court imposes graduated 
        sanctions that increase punitive measures, therapeutic measures, 
        or both whenever a participant fails a drug test. Such sanctions 
        and measures may include, but are not limited to, one or more of 
        the following:
                    ``(A) Incarceration.
                    ``(B) Detoxification treatment.
                    ``(C) Residential treatment.
                    ``(D) Increased time in program.
                    ``(E) Termination from the program.
                    ``(F) Increased drug screening requirements.
                    ``(G) Increased court appearances.
                    ``(H) Increased counseling.
                    ``(I) Increased supervision.
                    ``(J) Electronic monitoring.
                    ``(K) In-home restriction.
                    ``(L) Community service.
                    ``(M) Family counseling.
                    ``(N) Anger management classes.''.

SEC. 752. DRUG COURTS FUNDING.

    Section 1001(25)(A) of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 <<NOTE: 42 USC 3793.>> (42 U.S.C. 2591(25)(A)) is 
amended by adding at the end the following:
                          ``(v) $70,000,000 for fiscal year 2006.''.

[[Page 120 STAT. 274]]

SEC. 753. FEASIBILITY STUDY ON FEDERAL DRUG COURTS.

    The Attorney General shall, conduct a feasibility study on the 
desirability of a drug court program for Federal offenders who are 
addicted to controlled substances. <<NOTE: Deadline.>> The Attorney 
General lower-level, non-violate report the results of that study to 
Congress not later than June 30, 2006.

SEC. 754. GRANTS TO HOT SPOT AREAS TO REDUCE AVAILABILITY OF 
            METHAMPHETAMINE.

    Title I of the Omnibus Crime Control and Safe Streets Act of 1968 
(42 U.S.C. 3711 et seq.) is amended by adding at the end the following:

 ``PART II-- <<NOTE: Inter-governmental relations.>> CONFRONTING USE OF 
METHAMPHETAMINE

``SEC. 2996. <<NOTE: 42 USC 3797cc.>> AUTHORITY TO MAKE GRANTS TO 
            ADDRESS PUBLIC SAFETY AND METHAMPHETAMINE MANUFACTURING, 
            SALE, AND USE IN HOT SPOTS.

    ``(a) Purpose and Program Authority.--
            ``(1) Purpose.--It is the purpose of this part to assist 
        States--
                    ``(A) to carry out programs to address the 
                manufacture, sale, and use of methamphetamine drugs; and
                    ``(B) to improve the ability of State and local 
                government institutions of to carry out such programs.
            ``(2) Grant authorization.--The Attorney General, through 
        the Bureau of Justice Assistance in the Office of Justice 
        Programs may make grants to States to address the manufacture, 
        sale, and use of methamphetamine to enhance public safety.
            ``(3) Grant projects to address methamphetamine manufacture 
        sale and use.--Grants made under subsection (a) may be used for 
        programs, projects, and other activities to--
                    ``(A) investigate, arrest and prosecute individuals 
                violating laws related to the use, manufacture, or sale 
                of methamphetamine;
                    ``(B) reimburse the Drug Enforcement Administration 
                for expenses related to the clean up of methamphetamine 
                clandestine labs;
                    ``(C) support State and local health department and 
                environmental agency services deployed to address 
                methamphetamine; and
                    ``(D) procure equipment, technology, or support 
                systems, or pay for resources, if the applicant for such 
                a grant demonstrates to the satisfaction of the Attorney 
                General that expenditures for such purposes would result 
                in the reduction in the use, sale, and manufacture of 
                methamphetamine.

``SEC. 2997. <<NOTE: 42 USC 3797cc-1.>> FUNDING.

    ``There are authorized to be appropriated to carry out this part 
$99,000,000 for each fiscal year 2006, 2007, 2008, 2009, and 2010.''.

[[Page 120 STAT. 275]]

SEC. 755. <<NOTE: 42 USC 3797cc-2.>> GRANTS FOR PROGRAMS FOR DRUG-
            ENDANGERED CHILDREN.

    (a) In General.--The Attorney General shall make grants to States 
for the purpose of carrying out programs to provide comprehensive 
services to aid children who are living in a home in which 
methamphetamine or other controlled substances are unlawfully 
manufactured, distributed, dispensed, or used.
    (b) Certain Requirements.--The Attorney General shall ensure that 
the services carried out with grants under subsection (a) include the 
following:
            (1) Coordination among law enforcement agencies, 
        prosecutors, child protective services, social services, health 
        care services, and any other services determined to be 
        appropriate by the Attorney General to provide assistance 
        regarding the problems of children described in subsection (a).
            (2) Transition of children from toxic or drug-endangering 
        environments to appropriate residential environments.

    (c) Authorization of Appropriations.--For the purpose of carrying 
out this section, there are authorized to be appropriated $20,000,000 
for each of the fiscal years 2006 and 2007. Amounts appropriated under 
the preceding sentence shall remain available until expended.

SEC. 756. <<NOTE: 42 USC 3797cc-3.>> AUTHORITY TO AWARD COMPETITIVE 
            GRANTS TO ADDRESS METHAMPHETAMINE USE BY PREGNANT AND 
            PARENTING WOMEN OFFENDERS.

    (a) Purpose and Program Authority.--
            (1) Grant authorization.--The Attorney General may award 
        competitive grants to address the use of methamphetamine among 
        pregnant and parenting women offenders to promote public safety, 
        public health, family permanence and well being.
            (2) Purposes and program authority.--Grants awarded under 
        this section shall be used to facilitate or enhance and 
        collaboration between the criminal justice, child welfare, and 
        State substance abuse systems in order to carry out programs to 
        address the use of methamphetamine drugs by pregnant and 
        parenting women offenders.

    (b) Definitions.--In this section, the following definitions shall 
apply:
            (1) Child welfare agency.--The term ``child welfare agency'' 
        means the State agency responsible for child and/or family 
        services and welfare.
            (2) Criminal justice agency.--The term ``criminal justice 
        agency'' means an agency of the State or local government or its 
        contracted agency that is responsible for detection, arrest, 
        enforcement, prosecution, defense, adjudication, incarceration, 
        probation, or parole relating to the violation of the criminal 
        laws of that State or local government.

    (c) Applications.--
            (1) In general.--No grant may be awarded under this section 
        unless an application has been submitted to, and approved by, 
        the Attorney General.
            (2) Application.--An application for a grant under this 
        section shall be submitted in such form, and contain such 
        information, as the Attorney General, may prescribe by 
        regulation or guidelines.

[[Page 120 STAT. 276]]

            (3) Eligible entities.--The Attorney General shall make 
        grants to States, territories, and Indian Tribes. Applicants 
        must demonstrate extensive collaboration with the State criminal 
        justice agency and child welfare agency in the planning and 
        implementation of the program.
            (4)  <<NOTE: Regulations.>> Contents.--In accordance with 
        the regulations or guidelines established by the Attorney 
        General in consultation with the Secretary of Health and Human 
        Services, each application for a grant under this section shall 
        contain a plan to expand the State's services for pregnant and 
        parenting women offenders who are pregnant women and/or women 
        with dependent children for the use of methamphetamine or 
        methamphetamine and other drugs and include the following in the 
        plan:
                    (A) A description of how the applicant will work 
                jointly with the State criminal justice and child 
                welfare agencies needs associated with the use of 
                methamphetamine or methamphetamine and other drugs by 
                pregnant and parenting women offenders to promote family 
                stability and permanence.
                    (B) A description of the nature and the extent of 
                the problem of methamphetamine use by pregnant and 
                parenting women offenders.
                    (C) A certification that the State has involved 
                counties and other units of local government, when 
                appropriate, in the development, expansion, 
                modification, operation or improvement of proposed 
                programs to address the use, manufacture, or sale of 
                methamphetamine.
                    (D) A certification that funds received under this 
                section will be used to supplement, not supplant, other 
                Federal, State, and local funds.
                    (E) A description of clinically appropriate 
                practices and procedures to--
                          (i) screen and assess pregnant and parenting 
                      women offenders for addiction to methamphetamine 
                      and other drugs;
                          (ii) when clinically appropriate for both the 
                      women and children, provide family treatment for 
                      pregnant and parenting women offenders, with 
                      clinically appropriate services in the same 
                      location to promote family permanence and self 
                      sufficiency; and
                          (iii) provide for a process to enhance or 
                      ensure the abilities of the child welfare agency, 
                      criminal justice agency and State substance agency 
                      to work together to re-unite families when 
                      appropriate in the case where family treatment is 
                      not provided.

    (d) Period of Grant.--The grant shall be a three-year grant. 
Successful applicants may reapply for only one additional three-year 
funding cycle and the Attorney General may approve such applications.
    (e) Performance Accountability; Reports and Evaluations.--
            (1) Reports.--Successful applicants shall submit to the 
        Attorney General a report on the activities carried out under 
        the grant at the end of each fiscal year.
            (2) Evaluations.--Not later than 12 months at the end of the 
        3 year funding cycle under this section, the Attorney

[[Page 120 STAT. 277]]

        General shall submit a report to the appropriate committees of 
        jurisdiction that summarizes the results of the evaluations 
        conducted by recipients and recommendations for further 
        legislative action.

    (f) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as may be necessary.

    Approved March 9, 2006.

LEGISLATIVE HISTORY--H.R. 3199 (S. 1266) (S. 1389):
---------------------------------------------------------------------------

HOUSE REPORTS: No. 109-174, Pt. 1 (Comm. on the Judiciary), Pt. 2 
(Permanent Select Comm. on Intelligence), and 109-133 (Comm. of 
Conference).
SENATE REPORTS: No. 109-85 accompanying S. 1266 (Select Comm. on 
Intelligence).
CONGRESSIONAL RECORD:
                                                        Vol. 151 (2005):
                                    July 21, considered and passed 
                                        House.
                                    July 29, considered and passed 
                                        Senate, amended.
                                    Dec. 14, House agreed to conference 
                                        report. Senate considered
                                    conference report.
                                    Dec. 15, 16, Senate considered 
                                        conference report.
                                                        Vol. 152 (2006):
                                    Mar. 1, 2, Senate considered and 
                                        agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 42 (2006):
            Mar. 9, Presidential statement and remarks.

                                  <all>