One Hundred Ninth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the third day of January, two thousand and six
An Act
To extend and modify authorities needed to combat terrorism, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as the `USA PATRIOT Improvement and
Reauthorization Act of 2005'.
(b) Table of Contents- The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
TITLE I--USA PATRIOT IMPROVEMENT AND REAUTHORIZATION ACT
Sec. 101. References to, and modification of short title for, USA PATRIOT
Act.
Sec. 102. USA PATRIOT Act sunset provisions.
Sec. 103. Extension of sunset relating to individual terrorists as agents
of foreign powers.
Sec. 104. Section 2332b and the material support sections of title 18,
United States Code.
Sec. 105. Duration of FISA surveillance of non-United States persons under
section 207 of the USA PATRIOT Act.
Sec. 106. Access to certain business records under section 215 of the
USA PATRIOT Act.
Sec. 106A. Audit on access to certain business records for foreign intelligence
purposes.
Sec. 107. Enhanced oversight of good-faith emergency disclosures under
section 212 of the USA PATRIOT Act.
Sec. 108. Multipoint electronic surveillance under section 206 of the
USA PATRIOT Act.
Sec. 109. Enhanced congressional oversight.
Sec. 110. Attacks against railroad carriers and mass transportation systems.
Sec. 112. Section 2332b(g)(5)(B) amendments relating to the definition
of Federal crime of terrorism.
Sec. 113. Amendments to section 2516(1) of title 18, United States Code.
Sec. 114. Delayed notice search warrants.
Sec. 115. Judicial review of national security letters.
Sec. 116. Confidentiality of national security letters.
Sec. 117. Violations of nondisclosure provisions of national security
letters.
Sec. 118. Reports on national security letters.
Sec. 119. Audit of use of national security letters.
Sec. 120. Definition for forfeiture provisions under section 806 of the
USA PATRIOT Act.
Sec. 121. Penal provisions regarding trafficking in contraband cigarettes
or smokeless tobacco.
Sec. 122. Prohibition of narco-terrorism.
Sec. 123. Interfering with the operation of an aircraft.
Sec. 124. Sense of Congress relating to lawful political activity.
Sec. 125. Removal of civil liability barriers that discourage the donation
of fire equipment to volunteer fire companies.
Sec. 126. Report on data-mining activities.
Sec. 127. Sense of Congress.
Sec. 128. USA PATRIOT Act section 214; authority for disclosure of additional
information in connection with orders for pen register and trap and trace
authority under FISA.
TITLE II--TERRORIST DEATH PENALTY ENHANCEMENT
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. 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. 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. 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
Subtitle A--Domestic regulation of precursor chemicals
Sec. 711. Scheduled listed chemical products; restrictions on sales quantity,
behind-the-counter access, and other safeguards.
Sec. 712. Regulated transactions.
Sec. 713. Authority to establish production quotas.
Sec. 714. Penalties; authority for manufacturing; quota.
Sec. 715. Restrictions on importation; authority to permit imports for
medical, scientific, or other legitimate purposes.
Sec. 716. Notice of importation or exportation; approval of sale or transfer
by importer or exporter.
Sec. 717. Enforcement of restrictions on importation and of requirement
of notice of transfer.
Sec. 718. Coordination with United States Trade Representative.
Subtitle B--International regulation of precursor chemicals
Sec. 721. Information on foreign chain of distribution; import restrictions
regarding failure of distributors to cooperate.
Sec. 722. Requirements relating to the largest exporting and importing
countries of certain precursor chemicals.
Sec. 723. Prevention of smuggling of methamphetamine into the United States
from Mexico.
Subtitle C--Enhanced criminal penalties for methamphetamine production
and trafficking
Sec. 731. Smuggling methamphetamine or methamphetamine precursor chemicals
into the United States while using facilitated entry programs.
Sec. 732. Manufacturing controlled substances on Federal property.
Sec. 733. Increased punishment for methamphetamine kingpins.
Sec. 734. New child-protection criminal enhancement.
Sec. 735. Amendments to certain sentencing court reporting requirements.
Sec. 736. Semiannual reports to Congress.
Subtitle D--Enhanced environmental regulation of methamphetamine byproducts
Sec. 741. Biennial report to Congress on agency designations of by-products
of methamphetamine laboratories as hazardous materials.
Sec. 742. Methamphetamine production report.
Subtitle E--Additional programs and activities
Sec. 751. Improvements to Department of Justice drug court grant program.
Sec. 752. Drug courts funding.
Sec. 753. Feasibility study on Federal drug courts.
Sec. 754. Grants to hot spot areas to reduce availability of methamphetamine.
Sec. 755. Grants for programs for drug-endangered children.
Sec. 756. Authority to award competitive grants to address methamphetamine
use by pregnant and parenting women offenders.
TITLE I--USA PATRIOT IMPROVEMENT AND REAUTHORIZATION ACT
SEC. 101. REFERENCES TO, AND MODIFICATION OF SHORT TITLE FOR, USA PATRIOT
ACT.
(a) References to USA PATRIOT Act- A reference in this Act to the USA PATRIOT
Act shall be deemed a reference to the Uniting and Strengthening America
by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism
Act (USA PATRIOT Act) of 2001.
(b) Modification of Short Title of USA PATRIOT Act- Section 1(a) of the
USA PATRIOT Act is amended to read as follows:
`(a) Short Title- This Act may be cited as the `Uniting and Strengthening
America by Providing Appropriate Tools Required to Intercept and Obstruct
Terrorism Act of 2001' or the `USA PATRIOT Act'.'.
SEC. 102. USA PATRIOT ACT SUNSET PROVISIONS.
(a) In General- Section 224 of the USA PATRIOT Act is repealed.
(b) Sections 206 and 215 Sunset-
(1) IN GENERAL- Effective December 31, 2009, the Foreign Intelligence
Surveillance Act of 1978 is amended so that sections 501, 502, and 105(c)(2)
read as they read on October 25, 2001.
(2) EXCEPTION- With respect to any particular foreign intelligence investigation
that began before the date on which the provisions referred to in paragraph
(1) cease to have effect, or with respect to any particular offense or
potential offense that began or occurred before the date on which such
provisions cease to have effect, such provisions shall continue in effect.
SEC. 103. EXTENSION OF SUNSET RELATING TO INDIVIDUAL TERRORISTS AS AGENTS
OF FOREIGN POWERS.
Section 6001(b) of the Intelligence Reform and Terrorism Prevention Act
of 2004 (Public Law 108-458; 118 Stat. 3742) is amended to read as follows:
`(1) IN GENERAL- Except as provided in paragraph (2), the amendment made
by subsection (a) shall cease to have effect on December 31, 2009.
`(2) EXCEPTION- With respect to any particular foreign intelligence investigation
that began before the date on which the provisions referred to in paragraph
(1) cease to have effect, or with respect to any particular offense or
potential offense that began or occurred before the date on which the
provisions cease to have effect, such provisions shall continue in effect.'.
SEC. 104. SECTION 2332b AND THE MATERIAL SUPPORT SECTIONS OF TITLE 18,
UNITED STATES CODE.
Section 6603 of the Intelligence Reform and Terrorism Prevention Act of
2004 (Public Law 108-458; 118 Stat. 3762) is amended by striking subsection
(g).
SEC. 105. DURATION OF FISA SURVEILLANCE OF NON-UNITED STATES PERSONS UNDER
SECTION 207 OF THE USA PATRIOT ACT.
(a) Electronic Surveillance- Section 105(e) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1805(e)) is amended--
(1) in paragraph (1)(B), by striking `, as defined in section 101(b)(1)(A)'
and inserting `who is not a United States person'; and
(2) in subsection (2)(B), by striking `as defined in section 101(b)(1)(A)'
and inserting `who is not a United States person'.
(b) Physical Search- Section 304(d) of such Act (50 U.S.C. 1824(d)) is amended--
(1) in paragraph (1)(B), by striking `as defined in section 101(b)(1)(A)'
and inserting `who is not a United States person'; and
(2) in paragraph (2), by striking `as defined in section 101(b)(1)(A)'
and inserting `who is not a United States person'.
(c) Pen Registers, Trap and Trace Devices- Section 402(e) of such Act (50
U.S.C. 1842(e)) is amended--
(1) by striking `(e) An' and inserting `(e)(1) Except as provided in paragraph
(2), an'; and
(2) by adding at the end the following new paragraph:
`(2) In the case of an application under subsection (c) where the applicant
has certified that the information likely to be obtained is foreign intelligence
information not concerning a United States person, an order, or an extension
of an order, under this section may be for a period not to exceed one year.'.
SEC. 106. ACCESS TO CERTAIN BUSINESS RECORDS UNDER SECTION 215 OF THE
USA PATRIOT ACT.
(a) Director Approval for Certain Applications- Subsection (a) of section
501 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861(a))
is amended--
(1) in paragraph (1), by striking `The Director' and inserting `Subject
to paragraph (3), the Director'; and
(2) by adding at the end the following:
`(3) In the case of an application for an order requiring the production
of library circulation records, library patron lists, book sales records,
book customer lists, firearms sales records, tax return records, educational
records, or medical records containing information that would identify
a person, the Director of the Federal Bureau of Investigation may delegate
the authority to make such application to either the Deputy Director of
the Federal Bureau of Investigation or the Executive Assistant Director
for National Security (or any successor position). The Deputy Director
or the Executive Assistant Director may not further delegate such authority.'.
(b) Factual Basis for Requested Order- Subsection (b)(2) of such section
is amended to read as follows:
`(A) a statement of facts showing that there are reasonable grounds
to believe that the tangible things sought are relevant to an authorized
investigation (other than a threat assessment) conducted in accordance
with subsection (a)(2) to obtain foreign intelligence information not
concerning a United States person or to protect against international
terrorism or clandestine intelligence activities, such things being
presumptively relevant to an authorized investigation if the applicant
shows in the statement of the facts that they pertain to--
`(i) a foreign power or an agent of a foreign power;
`(ii) the activities of a suspected agent of a foreign power who is
the subject of such authorized investigation; or
`(iii) an individual in contact with, or known to, a suspected agent
of a foreign power who is the subject of such authorized investigation;
and
`(B) an enumeration of the minimization procedures adopted by the Attorney
General under subsection (g) that are applicable to the retention and
dissemination by the Federal Bureau of Investigation of any tangible
things to be made available to the Federal Bureau of Investigation based
on the order requested in such application.'.
(c) Clarification of Judicial Discretion- Subsection (c)(1) of such section
is amended to read as follows:
`(c)(1) Upon an application made pursuant to this section, if the judge
finds that the application meets the requirements of subsections (a) and
(b), the judge shall enter an ex parte order as requested, or as modified,
approving the release of tangible things. Such order shall direct that minimization
procedures adopted pursuant to subsection (g) be followed.'.
(d) Additional Protections- Subsection (c)(2) of such section is amended
to read as follows:
`(2) An order under this subsection--
`(A) shall describe the tangible things that are ordered to be produced
with sufficient particularity to permit them to be fairly identified;
`(B) shall include the date on which the tangible things must be provided,
which shall allow a reasonable period of time within which the tangible
things can be assembled and made available;
`(C) shall provide clear and conspicuous notice of the principles and
procedures described in subsection (d);
`(D) may only require the production of a tangible thing if such thing
can be obtained with a subpoena duces tecum issued by a court of the
United States in aid of a grand jury investigation or with any other
order issued by a court of the United States directing the production
of records or tangible things; and
`(E) shall not disclose that such order is issued for purposes of an
investigation described in subsection (a).'.
(e) Prohibition on Disclosure- Subsection (d) of such section is amended
to read as follows:
`(d)(1) No person shall disclose to any other person that the Federal Bureau
of Investigation has sought or obtained tangible things pursuant to an order
under this section, other than to--
`(A) those persons to whom disclosure is necessary to comply with such
order;
`(B) an attorney to obtain legal advice or assistance with respect to
the production of things in response to the order; or
`(C) other persons as permitted by the Director of the Federal Bureau
of Investigation or the designee of the Director.
`(2)(A) A person to whom disclosure is made pursuant to paragraph (1) shall
be subject to the nondisclosure requirements applicable to a person to whom
an order is directed under this section in the same manner as such person.
`(B) Any person who discloses to a person described in subparagraph (A),
(B), or (C) of paragraph (1) that the Federal Bureau of Investigation has
sought or obtained tangible things pursuant to an order under this section
shall notify such person of the nondisclosure requirements of this subsection.
`(C) At the request of the Director of the Federal Bureau of Investigation
or the designee of the Director, any person making or intending to make
a disclosure under this section shall identify to the Director or such designee
the person to whom such disclosure will be made or to whom such disclosure
was made prior to the request, but in no circumstance shall a person be
required to inform the Director or such designee that the person intends
to consult an attorney to obtain legal advice or legal assistance.'.
(1) PETITION REVIEW POOL- Section 103 of the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1803) is amended by adding at the end the following
new subsection:
`(e)(1) Three judges designated under subsection (a) who reside within 20
miles of the District of Columbia, or, if all of such judges are unavailable,
other judges of the court established under subsection (a) as may be designated
by the presiding judge of such court, shall comprise a petition review pool
which shall have jurisdiction to review petitions filed pursuant to section
501(f)(1).
`(2) Not later than 60 days after the date of the enactment of the USA PATRIOT
Improvement and Reauthorization Act of 2005, the court established under
subsection (a) shall adopt and, consistent with the protection of national
security, publish procedures for the review of petitions filed pursuant
to section 501(f)(1) by the panel established under paragraph (1). Such
procedures shall provide that review of a petition shall be conducted in
camera and shall also provide for the designation of an acting presiding
judge.'.
(2) PROCEEDINGS- Section 501 of the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1861) is further amended by adding at the end the
following new subsection:
`(f)(1) A person receiving an order to produce any tangible thing under
this section may challenge the legality of that order by filing a petition
with the pool established by section 103(e)(1). The presiding judge shall
immediately assign the petition to one of the judges serving in such pool.
Not later than 72 hours after the assignment of such petition, the assigned
judge shall conduct an initial review of the petition. If the assigned judge
determines that the petition is frivolous, the assigned judge shall immediately
deny the petition and affirm the order. If the assigned judge determines
the petition is not frivolous, the assigned judge shall promptly consider
the petition in accordance with the procedures established pursuant to section
103(e)(2). The judge considering the petition may modify or set aside the
order only if the judge finds that the order does not meet the requirements
of this section or is otherwise unlawful. If the judge does not modify or
set aside the order, the judge shall immediately affirm the order and order
the recipient to comply therewith. The assigned judge shall promptly provide
a written statement for the record of the reasons for any determination
under this paragraph.
`(2) A petition for review of a decision to affirm, modify, or set aside
an order by the United States or any person receiving such order shall be
to the court of review established under section 103(b), which shall have
jurisdiction to consider such petitions. The court of review shall provide
for the record a written statement of the reasons for its decision and,
on petition of the United States or any person receiving such order for
writ of certiorari, the record shall be transmitted under seal to the Supreme
Court, which shall have jurisdiction to review such decision.
`(3) Judicial proceedings under this subsection shall be concluded as expeditiously
as possible. The record of proceedings, including petitions filed, orders
granted, and statements of reasons for decision, shall be maintained under
security measures established by the Chief Justice of the United States
in consultation with the Attorney General and the Director of National Intelligence.
`(4) All petitions under this subsection shall be filed under seal. In any
proceedings under this subsection, the court shall, upon request of the
government, review ex parte and in camera any government submission, or
portions thereof, which may include classified information.'.
(g) Minimization Procedures and Use of Information- Section 501 of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1861) is further amended
by adding at the end the following new subsections:
`(g) Minimization Procedures-
`(1) IN GENERAL- Not later than 180 days after the date of the enactment
of the USA PATRIOT Improvement and Reauthorization Act of 2005, the Attorney
General shall adopt specific minimization procedures governing the retention
and dissemination by the Federal Bureau of Investigation of any tangible
things, or information therein, received by the Federal Bureau of Investigation
in response to an order under this title.
`(2) DEFINED- In this section, the term `minimization procedures' means--
`(A) specific procedures that are reasonably designed in light of the
purpose and technique of an order for the production of tangible things,
to minimize the retention, and prohibit the dissemination, of nonpublicly
available information concerning unconsenting United States persons
consistent with the need of the United States to obtain, produce, and
disseminate foreign intelligence information;
`(B) procedures that require that nonpublicly available information,
which is not foreign intelligence information, as defined in section
101(e)(1), shall not be disseminated in a manner that identifies any
United States person, without such person's consent, unless such person's
identity is necessary to understand foreign intelligence information
or assess its importance; and
`(C) notwithstanding subparagraphs (A) and (B), procedures that allow
for the retention and dissemination of information that is evidence
of a crime which has been, is being, or is about to be committed and
that is to be retained or disseminated for law enforcement purposes.
`(h) Use of Information- Information acquired from tangible things received
by the Federal Bureau of Investigation in response to an order under this
title concerning any United States person may be used and disclosed by Federal
officers and employees without the consent of the United States person only
in accordance with the minimization procedures adopted pursuant to subsection
(g). No otherwise privileged information acquired from tangible things received
by the Federal Bureau of Investigation in accordance with the provisions
of this title shall lose its privileged character. No information acquired
from tangible things received by the Federal Bureau of Investigation in
response to an order under this title may be used or disclosed by Federal
officers or employees except for lawful purposes.'.
(h) Enhanced Oversight- Section 502 of the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1862) is amended--
(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';
(A) by striking `On a semiannual basis' and all that follows through
`the preceding 6-month period' and inserting `In April of each year,
the Attorney General shall submit to the House and Senate Committees
on the Judiciary and the House Permanent Select Committee on Intelligence
and the Senate Select Committee on Intelligence a report setting forth
with respect to the preceding calendar year';
(B) in paragraph (1), by striking `and' at the end;
(C) in paragraph (2), by striking the period at the end and inserting
`; and'; and
(D) by adding at the end the following new paragraph:
`(3) the number of such orders either granted, modified, or denied for
the production of each of the following:
`(A) Library circulation records, library patron lists, book sales records,
or book customer lists.
`(B) Firearms sales records.
`(D) Educational records.
`(E) Medical records containing information that would identify a person.';
and
(3) by adding at the end the following new subsection:
`(c)(1) In April of each year, the Attorney General shall submit to Congress
a report setting forth with respect to the preceding year--
`(A) the total number of applications made for orders approving requests
for the production of tangible things under section 501; and
`(B) the total number of such orders either granted, modified, or denied.
`(2) Each report under this subsection shall be submitted in unclassified
form.'.
SEC. 106A. AUDIT ON ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN INTELLIGENCE
PURPOSES.
(a) Audit- The Inspector General of the Department of Justice shall perform
a comprehensive audit of the effectiveness and use, including any improper
or illegal use, of the investigative authority provided to the Federal Bureau
of Investigation under title V of the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1861 et seq.).
(b) Requirements- The audit required under subsection (a) shall include--
(1) an examination of each instance in which the Attorney General, any
other officer, employee, or agent of the Department of Justice, the Director
of the Federal Bureau of Investigation, or a designee of the Director,
submitted an application to the Foreign Intelligence Surveillance Court
(as such term is defined in section 301(3) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1821(3))) for an order under section
501 of such Act during the calendar years of 2002 through 2006, including--
(A) whether the Federal Bureau of Investigation requested that the Department
of Justice submit an application and the request was not submitted to
the court (including an examination of the basis for not submitting
the application);
(B) whether the court granted, modified, or denied the application (including
an examination of the basis for any modification or denial);
(2) the justification for the failure of the Attorney General to issue
implementing procedures governing requests for the production of tangible
things under such section in a timely fashion, including whether such
delay harmed national security;
(3) whether bureaucratic or procedural impediments to the use of such
requests for production prevent the Federal Bureau of Investigation from
taking full advantage of the authorities provided under section 501 of
such Act;
(4) any noteworthy facts or circumstances relating to orders under such
section, including any improper or illegal use of the authority provided
under such section; and
(5) an examination of the effectiveness of such section as an investigative
tool, including--
(A) the categories of records obtained and the importance of the information
acquired to the intelligence activities of the Federal Bureau of Investigation
or any other Department or agency of the Federal Government;
(B) the manner in which such information is collected, retained, analyzed,
and disseminated by the Federal Bureau of Investigation, including any
direct access to such information (such as access to `raw data') provided
to any other Department, agency, or instrumentality of Federal, State,
local, or tribal governments or any private sector entity;
(C) with respect to calendar year 2006, an examination of the minimization
procedures adopted by the Attorney General under section 501(g) of such
Act and whether such minimization procedures protect the constitutional
rights of United States persons;
(D) whether, and how often, the Federal Bureau of Investigation utilized
information acquired pursuant to an order under section 501 of such
Act to produce an analytical intelligence product for distribution within
the Federal Bureau of Investigation, to the intelligence community (as
such term is defined in section 3(4) of the National Security Act of
1947 (50 U.S.C. 401a(4))), or to other Federal, State, local, or tribal
government Departments, agencies, or instrumentalities; and
(E) whether, and how often, the Federal Bureau of Investigation provided
such information to law enforcement authorities for use in criminal
proceedings.
(1) PRIOR YEARS- Not later than one year after the date of the enactment
of this Act, or upon completion of the audit under this section for calendar
years 2002, 2003, and 2004, whichever is earlier, the Inspector General
of the Department of Justice shall submit to the Committee on the Judiciary
and the Permanent Select Committee on Intelligence of the House of Representatives
and the Committee on the Judiciary and the Select Committee on Intelligence
of the Senate a report containing the results of the audit conducted under
this section for calendar years 2002, 2003, and 2004.
(2) CALENDAR YEARS 2005 AND 2006- Not later than December 31, 2007, or
upon completion of the audit under this section for calendar years 2005
and 2006, whichever is earlier, the Inspector General of the Department
of Justice shall submit to the Committee on the Judiciary and the Permanent
Select Committee on Intelligence of the House of Representatives and the
Committee on the Judiciary and the Select Committee on Intelligence of
the Senate a report containing the results of the audit conducted under
this section for calendar years 2005 and 2006.
(d) Prior Notice to Attorney General and Director of National Intelligence;
Comments-
(1) NOTICE- Not less than 30 days before the submission of a report under
subsection (c)(1) or (c)(2), the Inspector General of the Department of
Justice shall provide such report to the Attorney General and the Director
of National Intelligence.
(2) COMMENTS- The Attorney General or the Director of National Intelligence
may provide comments to be included in the reports submitted under subsections
(c)(1) and (c)(2) as the Attorney General or the Director of National
Intelligence may consider necessary.
(e) Unclassified Form- The reports submitted under subsections (c)(1) and
(c)(2) and any comments included under subsection (d)(2) shall be in unclassified
form, but may include a classified annex.
SEC. 107. ENHANCED OVERSIGHT OF GOOD-FAITH EMERGENCY DISCLOSURES UNDER
SECTION 212 OF THE USA PATRIOT ACT.
(a) Enhanced Oversight- Section 2702 of title 18, United States Code, is
amended by adding at the end the following:
`(d) Reporting of Emergency Disclosures- On an annual basis, the Attorney
General shall submit to the Committee on the Judiciary of the House of Representatives
and the Committee on the Judiciary of the Senate a report containing--
`(1) the number of accounts from which the Department of Justice has received
voluntary disclosures under subsection (b)(8); and
`(2) a summary of the basis for disclosure in those instances where--
`(A) voluntary disclosures under subsection (b)(8) were made to the
Department of Justice; and
`(B) the investigation pertaining to those disclosures was closed without
the filing of criminal charges.'.
(b) Technical Amendments to Conform Communications and Customer Records
Exceptions-
(1) VOLUNTARY DISCLOSURES- Section 2702 of title 18, United States Code,
is amended--
(A) in subsection (b)(8), by striking `Federal, State, or local'; and
(B) by striking paragraph (4) of subsection (c) and inserting the following:
`(4) to a governmental entity, if the provider, in good faith, believes
that an emergency involving danger of death or serious physical injury
to any person requires disclosure without delay of information relating
to the emergency;'.
(2) DEFINITIONS- Section 2711 of title 18, United States Code, is amended--
(A) in paragraph (2), by striking `and' at the end;
(B) in paragraph (3), by striking the period at the end and inserting
`; and'; and
(C) by adding at the end the following:
`(4) the term `governmental entity' means a department or agency of the
United States or any State or political subdivision thereof.'.
(c) Additional Exception- Section 2702(a) of title 18, United States Code,
is amended by inserting `or (c)' after `Except as provided in subsection
(b)'.
SEC. 108. MULTIPOINT ELECTRONIC SURVEILLANCE UNDER SECTION 206 OF THE
USA PATRIOT ACT.
(a) Inclusion of Specific Facts in Application-
(1) APPLICATION- Section 104(a)(3) of the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1804(a)(3)) is amended by inserting `specific'
after `description of the'.
(2) ORDER- Subsection (c) of section 105 of the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1805(c)) is amended--
(A) in paragraph (1)(A) by striking `target of the electronic surveillance'
and inserting `specific target of the electronic surveillance identified
or described in the application pursuant to section 104(a)(3)'; and
(B) in paragraph (2)(B), by striking `where the Court finds' and inserting
`where the Court finds, based upon specific facts provided in the application,'.
(b) Additional Directions- Such subsection is further amended--
(1) by striking `An order approving' and all that follows through `specify'
and inserting `(1) SPECIFICATIONS- An order approving an electronic surveillance
under this section shall specify';
(2) in paragraph (1)(F), by striking `; and' and inserting a period;
(3) in paragraph (2), by striking `direct' and inserting `DIRECTIONS-
An order approving an electronic surveillance under this section shall
direct'; and
(4) by adding at the end the following new paragraph:
`(3) SPECIAL DIRECTIONS FOR CERTAIN ORDERS- An order approving an electronic
surveillance under this section in circumstances where the nature and
location of each of the facilities or places at which the surveillance
will be directed is unknown shall direct the applicant to provide notice
to the court within ten days after the date on which surveillance begins
to be directed at any new facility or place, unless the court finds good
cause to justify a longer period of up to 60 days, of--
`(A) the nature and location of each new facility or place at which
the electronic surveillance is directed;
`(B) the facts and circumstances relied upon by the applicant to justify
the applicant's belief that each new facility or place at which the
electronic surveillance is directed is or was being used, or is about
to be used, by the target of the surveillance;
`(C) a statement of any proposed minimization procedures that differ
from those contained in the original application or order, that may
be necessitated by a change in the facility or place at which the electronic
surveillance is directed; and
`(D) the total number of electronic surveillances that have been or
are being conducted under the authority of the order.'.
(1) REPORT TO CONGRESS- Section 108(a)(1) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1808(a)(1)) is amended by inserting
`, and the Committee on the Judiciary of the Senate,' after `Senate Select
Committee on Intelligence'.
(2) MODIFICATION OF SEMIANNUAL REPORT REQUIREMENT ON ACTIVITIES UNDER
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978- Paragraph (2) of section
108(a) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1808(a)) is amended to read as follows:
`(2) Each report under the first sentence of paragraph (1) shall include
a description of--
`(A) the total number of applications made for orders and extensions
of orders approving electronic surveillance under this title where the
nature and location of each facility or place at which the electronic
surveillance will be directed is unknown;
`(B) each criminal case in which information acquired under this Act
has been authorized for use at trial during the period covered by such
report; and
`(C) the total number of emergency employments of electronic surveillance
under section 105(f) and the total number of subsequent orders approving
or denying such electronic surveillance.'.
SEC. 109. ENHANCED CONGRESSIONAL OVERSIGHT.
(a) Emergency Physical Searches- Section 306 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1826) is amended--
(1) in the first sentence, by inserting `, and the Committee on the Judiciary
of the Senate,' after `the Senate';
(2) in the second sentence, by striking `and the Committees on the Judiciary
of the House of Representatives and the Senate' and inserting `and the
Committee on the Judiciary of the House of Representatives';
(3) in paragraph (2), by striking `and' at the end;
(4) in paragraph (3), by striking the period at the end and inserting
`; and'; and
(5) by adding at the end the following:
`(4) the total number of emergency physical searches authorized by the
Attorney General under section 304(e) and the total number of subsequent
orders approving or denying such physical searches.'.
(b) Emergency Pen Registers and Trap and Trace Devices- Section 406(b) of
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1846(b)) is
amended--
(1) in paragraph (1), by striking `and' at the end;
(2) in paragraph (2), by striking the period at the end and inserting
`; and'; and
(3) by adding at the end the following:
`(3) the total number of pen registers and trap and trace devices whose
installation and use was authorized by the Attorney General on an emergency
basis under section 403, and the total number of subsequent orders approving
or denying the installation and use of such pen registers and trap and
trace devices.'.
(c) Additional Report- At the beginning and midpoint of each fiscal year,
the Secretary of Homeland Security shall submit to the Committees on the
Judiciary of the House of Representatives and the Senate, a written report
providing a description of internal affairs operations at U.S. Citizenship
and Immigration Services, including the general state of such operations
and a detailed description of investigations that are being conducted (or
that were conducted during the previous six months) and the resources devoted
to such investigations. The first such report shall be submitted not later
than April 1, 2006.
(d) Rules and Procedures for FISA Courts- Section 103 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1803) is amended by adding at the end
the following:
`(f)(1) The courts established pursuant to subsections (a) and (b) may establish
such rules and procedures, and take such actions, as are reasonably necessary
to administer their responsibilities under this Act.
`(2) The rules and procedures established under paragraph (1), and any modifications
of such rules and procedures, shall be recorded, and shall be transmitted
to the following:
`(A) All of the judges on the court established pursuant to subsection
(a).
`(B) All of the judges on the court of review established pursuant to
subsection (b).
`(C) The Chief Justice of the United States.
`(D) The Committee on the Judiciary of the Senate.
`(E) The Select Committee on Intelligence of the Senate.
`(F) The Committee on the Judiciary of the House of Representatives.
`(G) The Permanent Select Committee on Intelligence of the House of Representatives.
`(3) The transmissions required by paragraph (2) shall be submitted in unclassified
form, but may include a classified annex.'.
SEC. 110. ATTACKS AGAINST RAILROAD CARRIERS AND MASS TRANSPORTATION SYSTEMS.
(a) In General- Chapter 97 of title 18, United States Code, is amended by
striking sections 1992 through 1993 and inserting the following:
`Sec. 1992. Terrorist attacks and other violence against railroad carriers
and against mass transportation systems on land, on water, or through the
air
`(a) General Prohibitions- Whoever, in a circumstance described in subsection
(c), knowingly and without lawful authority or permission--
`(1) wrecks, derails, sets fire to, or disables railroad on-track equipment
or a mass transportation vehicle;
`(2) places any biological agent or toxin, destructive substance, or destructive
device in, upon, or near railroad on-track equipment or a mass transportation
vehicle with intent to endanger the safety of any person, or with a reckless
disregard for the safety of human life;
`(3) places or releases a hazardous material or a biological agent or
toxin on or near any property described in subparagraph (A) or (B) of
paragraph (4), with intent to endanger the safety of any person, or with
reckless disregard for the safety of human life;
`(4) sets fire to, undermines, makes unworkable, unusable, or hazardous
to work on or use, or places any biological agent or toxin, destructive
substance, or destructive device in, upon, or near any--
`(A) tunnel, bridge, viaduct, trestle, track, electromagnetic guideway,
signal, station, depot, warehouse, terminal, or any other way, structure,
property, or appurtenance used in the operation of, or in support of
the operation of, a railroad carrier, and with intent to, or knowing
or having reason to know, such activity would likely, derail, disable,
or wreck railroad on-track equipment; or
`(B) garage, terminal, structure, track, electromagnetic guideway, supply,
or facility used in the operation of, or in support of the operation
of, a mass transportation vehicle, and with intent to, or knowing or
having reason to know, such activity would likely, derail, disable,
or wreck a mass transportation vehicle used, operated, or employed by
a mass transportation provider;
`(5) removes an appurtenance from, damages, or otherwise impairs the operation
of a railroad signal system or mass transportation signal or dispatching
system, including a train control system, centralized dispatching system,
or highway-railroad grade crossing warning signal;
`(6) with intent to endanger the safety of any person, or with a reckless
disregard for the safety of human life, interferes with, disables, or
incapacitates any dispatcher, driver, captain, locomotive engineer, railroad
conductor, or other person while the person is employed in dispatching,
operating, controlling, or maintaining railroad on-track equipment or
a mass transportation vehicle;
`(7) commits an act, including the use of a dangerous weapon, with the
intent to cause death or serious bodily injury to any person who is on
property described in subparagraph (A) or (B) of paragraph (4);
`(8) surveils, photographs, videotapes, diagrams, or otherwise collects
information with the intent to plan or assist in planning any of the acts
described in paragraphs (1) through (6);
`(9) conveys false information, knowing the information to be false, concerning
an attempt or alleged attempt to engage in a violation of this subsection;
or
`(10) attempts, threatens, or conspires to engage in any violation of
any of paragraphs (1) through (9),
shall be fined under this title or imprisoned not more than 20 years, or
both, and if the offense results in the death of any person, shall be imprisoned
for any term of years or for life, or subject to death, except in the case
of a violation of paragraph (8), (9), or (10).
`(b) Aggravated Offense- Whoever commits an offense under subsection (a)
of this section in a circumstance in which--
`(1) the railroad on-track equipment or mass transportation vehicle was
carrying a passenger or employee at the time of the offense;
`(2) the railroad on-track equipment or mass transportation vehicle was
carrying high-level radioactive waste or spent nuclear fuel at the time
of the offense; or
`(3) the offense was committed with the intent to endanger the safety
of any person, or with a reckless disregard for the safety of any person,
and the railroad on-track equipment or mass transportation vehicle was
carrying a hazardous material at the time of the offense that--
`(A) was required to be placarded under subpart F of part 172 of title
49, Code of Federal Regulations; and
`(B) is identified as class number 3, 4, 5, 6.1, or 8 and packing group
I or packing group II, or class number 1, 2, or 7 under the hazardous
materials table of section 172.101 of title 49, Code of Federal Regulations,
shall be fined under this title or imprisoned for any term of years or life,
or both, and if the offense resulted in the death of any person, the person
may be sentenced to death.
`(c) Circumstances Required for Offense- A circumstance referred to in subsection
(a) is any of the following:
`(1) Any of the conduct required for the offense is, or, in the case of
an attempt, threat, or conspiracy to engage in conduct, the conduct required
for the completed offense would be, engaged in, on, against, or affecting
a mass transportation provider, or a railroad carrier engaged in interstate
or foreign commerce.
`(2) Any person travels or communicates across a State line in order to
commit the offense, or transports materials across a State line in aid
of the commission of the offense.
`(d) Definitions- In this section--
`(1) the term `biological agent' has the meaning given to that term in
section 178(1);
`(2) the term `dangerous weapon' means a weapon, device, instrument, material,
or substance, animate or inanimate, that is used for, or is readily capable
of, causing death or serious bodily injury, including a pocket knife with
a blade of less than 2 1/2 inches in length and a box cutter;
`(3) the term `destructive device' has the meaning given to that term
in section 921(a)(4);
`(4) the term `destructive substance' means an explosive substance, flammable
material, infernal machine, or other chemical, mechanical, or radioactive
device or material, or matter of a combustible, contaminative, corrosive,
or explosive nature, except that the term `radioactive device' does not
include any radioactive device or material used solely for medical, industrial,
research, or other peaceful purposes;
`(5) the term `hazardous material' has the meaning given to that term
in chapter 51 of title 49;
`(6) the term `high-level radioactive waste' has the meaning given to
that term in section 2(12) of the Nuclear Waste Policy Act of 1982 (42
U.S.C. 10101(12));
`(7) the term `mass transportation' has the meaning given to that term
in section 5302(a)(7) of title 49, except that the term includes school
bus, charter, and sightseeing transportation and passenger vessel as that
term is defined in section 2101(22) of title 46, United States Code;
`(8) the term `on-track equipment' means a carriage or other contrivance
that runs on rails or electromagnetic guideways;
`(9) the term `railroad on-track equipment' means a train, locomotive,
tender, motor unit, freight or passenger car, or other on-track equipment
used, operated, or employed by a railroad carrier;
`(10) the term `railroad' has the meaning given to that term in chapter
201 of title 49;
`(11) the term `railroad carrier' has the meaning given to that term in
chapter 201 of title 49;
`(12) the term `serious bodily injury' has the meaning given to that term
in section 1365;
`(13) the term `spent nuclear fuel' has the meaning given to that term
in section 2(23) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101(23));
`(14) the term `State' has the meaning given to that term in section 2266;
`(15) the term `toxin' has the meaning given to that term in section 178(2);
and
`(16) the term `vehicle' means any carriage or other contrivance used,
or capable of being used, as a means of transportation on land, on water,
or through the air.'.
(b) Conforming Amendments-
(1) The table of sections at the beginning of chapter 97 of title 18,
United States Code, is amended--
(A) by striking `RAILROADS' in the chapter heading and inserting
`RAILROAD CARRIERS AND MASS TRANSPORTATION SYSTEMS ON LAND, ON WATER,
OR THROUGH THE AIR';
(B) by striking the items relating to sections 1992 and 1993; and
(C) by inserting after the item relating to section 1991 the following:
`1992. Terrorist attacks and other violence against railroad carriers
and against mass transportation systems on land, on water, or through
the air.'.
(2) The table of chapters at the beginning of part I of title 18, United
States Code, is amended by striking the item relating to chapter 97 and
inserting the following:
--1991'.
(3) Title 18, United States Code, is amended--
(A) in section 2332b(g)(5)(B)(i), by striking `1992 (relating to wrecking
trains), 1993 (relating to terrorist attacks and other acts of violence
against mass transportation systems),' and inserting `1992 (relating
to terrorist attacks and other acts of violence against railroad carriers
and against mass transportation systems on land, on water, or through
the air),';
(B) in section 2339A, by striking `1993,'; and
(C) in section 2516(1)(c) by striking `1992 (relating to wrecking trains),'.
SEC. 111. FORFEITURE.
Section 981(a)(1)(B)(i) of title 18, United States Code, is amended by inserting
`trafficking in nuclear, chemical, biological, or radiological weapons technology
or material, or' after `involves'.
SEC. 112. SECTION 2332b(g)(5)(B) AMENDMENTS RELATING TO THE DEFINITION
OF FEDERAL CRIME OF TERRORISM.
(a) Additional Offenses- Section 2332b(g)(5)(B) of title 18, United States
Code, is amended--
(1) in clause (i), by inserting `, 2339D (relating to military-type training
from a foreign terrorist organization)' before `, or 2340A';
(2) in clause (ii), by striking `or' after the semicolon;
(3) in clause (iii), by striking the period and inserting `; or'; and
(4) by inserting after clause (iii) the following:
`(iv) section 1010A of the Controlled Substances Import and Export
Act (relating to narco-terrorism).'.
(b) Clerical Correction- Section 2332b(g)(5)(B) of title 18, United States
Code, is amended by inserting `)' after `2339C (relating to financing of
terrorism'.
SEC. 113. AMENDMENTS TO SECTION 2516(1) OF TITLE 18, UNITED STATES CODE.
(a) Paragraph (a) Amendment- Section 2516(1)(a) of title 18, United States
Code, is amended by inserting `chapter 10 (relating to biological weapons)'
after `under the following chapters of this title:'.
(b) Paragraph (c) Amendment- Section 2516(1)(c) of title 18, United States
Code, is amended--
(1) by inserting `section 37 (relating to violence at international airports),
section 43 (relating to animal enterprise terrorism),' after `the following
sections of this title:';
(2) by inserting `section 832 (relating to nuclear and weapons of mass
destruction threats), section 842 (relating to explosive materials), section
930 (relating to possession of weapons in Federal facilities),' after
`section 751 (relating to escape),';
(3) by inserting `section 1114 (relating to officers and employees of
the United States), section 1116 (relating to protection of foreign officials),'
after `section 1014 (relating to loans and credit applications generally;
renewals and discounts),';
(4) by inserting `section 1992 (relating to terrorist attacks against
mass transportation),' after `section 1344 (relating to bank fraud),';
(5) by inserting `section 2340A (relating to torture),' after `section
2321 (relating to trafficking in certain motor vehicles or motor vehicle
parts),';
(6) by inserting `section 81 (arson within special maritime and territorial
jurisdiction),' before `section 201 (bribery of public officials and witnesses)';
and
(7) by inserting `section 956 (conspiracy to harm persons or property
overseas),' after `section 175c (relating to variola virus)'.
(c) Paragraph (g) Amendment- Section 2516(1)(g) of title 18, United States
Code, is amended by inserting before the semicolon `, or section 5324 of
title 31, United States Code (relating to structuring transactions to evade
reporting requirement prohibited)'.
(d) Paragraph (j) Amendment- Section 2516(1)(j) of title 18, United States
Code, is amended--
(1) by striking `or' before `section 46502 (relating to aircraft piracy)'
and inserting a comma after `section 60123(b) (relating to the destruction
of a natural gas pipeline'; and
(2) by inserting `, the second sentence of section 46504 (relating to
assault on a flight crew with dangerous weapon), or section 46505(b)(3)
or (c) (relating to explosive or incendiary devices, or endangerment of
human life, by means of weapons on aircraft)' before `of title 49'.
(e) Paragraph (p) Amendment- Section 2516(1)(p) of title 18, United States
Code, is amended by inserting `, section 1028A (relating to aggravated identity
theft)' after `other documents'.
(f) Paragraph (q) Amendment- Section 2516(1)(q) of title 18, United States
Code, is amended--
(1) by inserting `2339' after `2232h';
(2) by striking `or' before `2339C'; and
(3) by inserting `, or 2339D' after `2339C'.
(g) Amendment of Predicate Crimes for Authorization for Interception of
Wire, Oral, and Electronic Communications- Section 2516(1) of title 18,
United State Code, is amended--
(1) in subparagraph (q), by striking `or' after the semicolon;
(2) by redesignating subparagraph (r) as subparagraph (s); and
(3) by adding after subparagraph (q) the following:
`(r) any criminal violation of section 1 (relating to illegal restraints
of trade or commerce), 2 (relating to illegal monopolizing of trade or
commerce), or 3 (relating to illegal restraints of trade or commerce in
territories or the District of Columbia) of the Sherman Act (15 U.S.C.
1, 2, 3); or'.
SEC. 114. DELAYED NOTICE SEARCH WARRANTS.
(a) Limitation on Reasonable Period for Delay- Section 3103a of title 18,
United States Code, is amended--
(1) by striking subsection (b)(3) and inserting the following:
`(3) the warrant provides for the giving of such notice within a reasonable
period not to exceed 30 days after the date of its execution, or on a
later date certain if the facts of the case justify a longer period of
delay.'.
(2) by adding at the end the following:
`(c) Extensions of Delay- Any period of delay authorized by this section
may be extended by the court for good cause shown, subject to the condition
that extensions should only be granted upon an updated showing of the need
for further delay and that each additional delay should be limited to periods
of 90 days or less, unless the facts of the case justify a longer period
of delay.'.
(b) Limitation on Authority to Delay Notice- Section 3103a(b)(1) of title
18, United States Code, is amended by inserting `, except if the adverse
results consist only of unduly delaying a trial' after `2705'.
(c) Enhanced Oversight- Section 3103a of title 18, United States Code, is
further amended by adding at the end the following:
`(1) REPORT BY JUDGE- Not later than 30 days after the expiration of a
warrant authorizing delayed notice (including any extension thereof) entered
under this section, or the denial of such warrant (or request for extension),
the issuing or denying judge shall report to the Administrative Office
of the United States Courts--
`(A) the fact that a warrant was applied for;
`(B) the fact that the warrant or any extension thereof was granted
as applied for, was modified, or was denied;
`(C) the period of delay in the giving of notice authorized by the warrant,
and the number and duration of any extensions; and
`(D) the offense specified in the warrant or application.
`(2) REPORT BY ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS- Beginning
with the fiscal year ending September 30, 2007, the Director of the Administrative
Office of the United States Courts shall transmit to Congress annually
a full and complete report summarizing the data required to be filed with
the Administrative Office by paragraph (1), including the number of applications
for warrants and extensions of warrants authorizing delayed notice, and
the number of such warrants and extensions granted or denied during the
preceding fiscal year.
`(3) REGULATIONS- The Director of the Administrative Office of the United
States Courts, in consultation with the Attorney General, is authorized
to issue binding regulations dealing with the content and form of the
reports required to be filed under paragraph (1).'.
SEC. 115. JUDICIAL REVIEW OF NATIONAL SECURITY LETTERS.
Chapter 223 of title 18, United States Code, is amended--
(1) by inserting at the end of the table of sections the following new
item:
`3511. Judicial review of requests for information.';
(2) by inserting after section 3510 the following:
`Sec. 3511. Judicial review of requests for information
`(a) The recipient of a request for records, a report, or other information
under section 2709(b) of this title, section 626(a) or (b) or 627(a) of
the Fair Credit Reporting Act, section 1114(a)(5)(A) of the Right to Financial
Privacy Act, or section 802(a) of the National Security Act of 1947 may,
in the United States district court for the district in which that person
or entity does business or resides, petition for an order modifying or setting
aside the request. The court may modify or set aside the request if compliance
would be unreasonable, oppressive, or otherwise unlawful.
`(b)(1) The recipient of a request for records, a report, or other information
under section 2709(b) of this title, section 626(a) or (b) or 627(a) of
the Fair Credit Reporting Act, section 1114(a)(5)(A) of the Right to Financial
Privacy Act, or section 802(a) of the National Security Act of 1947, may
petition any court described in subsection (a) for an order modifying or
setting aside a nondisclosure requirement imposed in connection with such
a request.
`(2) If the petition is filed within one year of the request for records,
a report, or other information under section 2709(b) of this title, section
626(a) or (b) or 627(a) of the Fair Credit Reporting Act, section 1114(a)(5)(A)
of the Right to Financial Privacy Act, or section 802(a) of the National
Security Act of 1947, the court may modify or set aside such a nondisclosure
requirement if it finds that there is no reason to believe that disclosure
may endanger the national security of the United States, interfere with
a criminal, counterterrorism, or counterintelligence investigation, interfere
with diplomatic relations, or endanger the life or physical safety of any
person. If, at the time of the petition, the Attorney General, Deputy Attorney
General, an Assistant Attorney General, or the Director of the Federal Bureau
of Investigation, or in the case of a request by a department, agency, or
instrumentality of the Federal Government other than the Department of Justice,
the head or deputy head of such department, agency, or instrumentality,
certifies that disclosure may endanger the national security of the United
States or interfere with diplomatic relations, such certification shall
be treated as conclusive unless the court finds that the certification was
made in bad faith.
`(3) If the petition is filed one year or more after the request for records,
a report, or other information under section 2709(b) of this title, section
626(a) or (b) or 627(a) of the Fair Credit Reporting Act, section 1114(a)(5)(A)
of the Right to Financial Privacy Act, or section 802(a) of the National
Security Act of 1947, the Attorney General, Deputy Attorney General, an
Assistant Attorney General, or the Director of the Federal Bureau of Investigation,
or his designee in a position not lower than Deputy Assistant Director at
Bureau headquarters or a Special Agent in Charge in a Bureau field office
designated by the Director, or in the case of a request by a department,
agency, or instrumentality of the Federal Government other than the Federal
Bureau of Investigation, the head or deputy head of such department, agency,
or instrumentality, within ninety days of the filing of the petition, shall
either terminate the nondisclosure requirement or re-certify that disclosure
may result in a danger to the national security of the United States, interference
with a criminal, counterterrorism, or counterintelligence investigation,
interference with diplomatic relations, or danger to the life or physical
safety of any person. In the event of re-certification, the court may modify
or set aside such a nondisclosure requirement if it finds that there is
no reason to believe that disclosure may endanger the national security
of the United States, interfere with a criminal, counterterrorism, or counterintelligence
investigation, interfere with diplomatic relations, or endanger the life
or physical safety of any person. If the recertification that disclosure
may endanger the national security of the United States or interfere with
diplomatic relations is made by the Attorney General, Deputy Attorney General,
an Assistant Attorney General, or the Director of the Federal Bureau of
Investigation, such certification shall be treated as conclusive unless
the court finds that the recertification was made in bad faith. If the court
denies a petition for an order modifying or setting aside a nondisclosure
requirement under this paragraph, the recipient shall be precluded for a
period of one year from filing another petition to modify or set aside such
nondisclosure requirement.
`(c) In the case of a failure to comply with a request for records, a report,
or other information made to any person or entity under section 2709(b)
of this title, section 626(a) or (b) or 627(a) of the Fair Credit Reporting
Act, section 1114(a)(5)(A) of the Right to Financial Privacy Act, or section
802(a) of the National Security Act of 1947, the Attorney General may invoke
the aid of any district court of the United States within the jurisdiction
in which the investigation is carried on or the person or entity resides,
carries on business, or may be found, to compel compliance with the request.
The court may issue an order requiring the person or entity to comply with
the request. Any failure to obey the order of the court may be punished
by the court as contempt thereof. Any process under this section may be
served in any judicial district in which the person or entity may be found.
`(d) In all proceedings under this section, subject to any right to an open
hearing in a contempt proceeding, the court must close any hearing to the
extent necessary to prevent an unauthorized disclosure of a request for
records, a report, or other information made to any person or entity under
section 2709(b) of this title, section 626(a) or (b) or 627(a) of the Fair
Credit Reporting Act, section 1114(a)(5)(A) of the Right to Financial Privacy
Act, or section 802(a) of the National Security Act of 1947. Petitions,
filings, records, orders, and subpoenas must also be kept under seal to
the extent and as long as necessary to prevent the unauthorized disclosure
of a request for records, a report, or other information made to any person
or entity under section 2709(b) of this title, section 626(a) or (b) or
627(a) of the Fair Credit Reporting Act, section 1114(a)(5)(A) of the Right
to Financial Privacy Act, or section 802(a) of the National Security Act
of 1947.
`(e) In all proceedings under this section, the court shall, upon request
of the government, review ex parte and in camera any government submission
or portions thereof, which may include classified information.'.
SEC. 116. CONFIDENTIALITY OF NATIONAL SECURITY LETTERS.
(a) Section 2709(c) of title 18, United States Code, is amended to read:
`(c) Prohibition of Certain Disclosure-
`(1) If the Director of the Federal Bureau of Investigation, or his designee
in a position not lower than Deputy Assistant Director at Bureau headquarters
or a Special Agent in Charge in a Bureau field office designated by the
Director, certifies that otherwise there may result a danger to the national
security of the United States, interference with a criminal, counterterrorism,
or counterintelligence investigation, interference with diplomatic relations,
or danger to the life or physical safety of any person, no wire or electronic
communications service provider, or officer, employee, or agent thereof,
shall disclose to any person (other than those to whom such disclosure
is necessary to comply with the request or an attorney to obtain legal
advice or legal assistance with respect to the request) that the Federal
Bureau of Investigation has sought or obtained access to information or
records under this section.
`(2) The request shall notify the person or entity to whom the request
is directed of the nondisclosure requirement under paragraph (1).
`(3) Any recipient disclosing to those persons necessary to comply with
the request or to an attorney to obtain legal advice or legal assistance
with respect to the request shall inform such person of any applicable
nondisclosure requirement. Any person who receives a disclosure under
this subsection shall be subject to the same prohibitions on disclosure
under paragraph (1).
`(4) At the request of the Director of the Federal Bureau of Investigation
or the designee of the Director, any person making or intending to make
a disclosure under this section shall identify to the Director or such
designee the person to whom such disclosure will be made or to whom such
disclosure was made prior to the request, but in no circumstance shall
a person be required to inform the Director or such designee that the
person intends to consult an attorney to obtain legal advice or legal
assistance.'.
(b) Section 626(d) of the Fair Credit Reporting Act (15 U.S.C. 1681u(d))
is amended to read:
`(1) If the Director of the Federal Bureau of Investigation, or his designee
in a position not lower than Deputy Assistant Director at Bureau headquarters
or a Special Agent in Charge in a Bureau field office designated by the
Director, certifies that otherwise there may result a danger to the national
security of the United States, interference with a criminal, counterterrorism,
or counterintelligence investigation, interference with diplomatic relations,
or danger to the life or physical safety of any person, no consumer reporting
agency or officer, employee, or agent of a consumer reporting agency shall
disclose to any person (other than those to whom such disclosure is necessary
to comply with the request or an attorney to obtain legal advice or legal
assistance with respect to the request) that the Federal Bureau of Investigation
has sought or obtained the identity of financial institutions or a consumer
report respecting any consumer under subsection (a), (b), or (c), and
no consumer reporting agency or officer, employee, or agent of a consumer
reporting agency shall include in any consumer report any information
that would indicate that the Federal Bureau of Investigation has sought
or obtained such information on a consumer report.
`(2) The request shall notify the person or entity to whom the request
is directed of the nondisclosure requirement under paragraph (1).
`(3) Any recipient disclosing to those persons necessary to comply with
the request or to an attorney to obtain legal advice or legal assistance
with respect to the request shall inform such persons of any applicable
nondisclosure requirement. Any person who receives a disclosure under
this subsection shall be subject to the same prohibitions on disclosure
under paragraph (1).
`(4) At the request of the Director of the Federal Bureau of Investigation
or the designee of the Director, any person making or intending to make
a disclosure under this section shall identify to the Director or such
designee the person to whom such disclosure will be made or to whom such
disclosure was made prior to the request, but in no circumstance shall
a person be required to inform the Director or such designee that the
person intends to consult an attorney to obtain legal advice or legal
assistance.'.
(c) Section 627(c) of the Fair Credit Reporting Act (15 U.S.C. 1681v(c))
is amended to read:
`(1) If the head of a government agency authorized to conduct investigations
of intelligence or counterintelligence activities or analysis related
to international terrorism, or his designee, certifies that otherwise
there may result a danger to the national security of the United States,
interference with a criminal, counterterrorism, or counterintelligence
investigation, interference with diplomatic relations, or danger to the
life or physical safety of any person, no consumer reporting agency or
officer, employee, or agent of such consumer reporting agency, shall disclose
to any person (other than those to whom such disclosure is necessary to
comply with the request or an attorney to obtain legal advice or legal
assistance with respect to the request), or specify in any consumer report,
that a government agency has sought or obtained access to information
under subsection (a).
`(2) The request shall notify the person or entity to whom the request
is directed of the nondisclosure requirement under paragraph (1).
`(3) Any recipient disclosing to those persons necessary to comply with
the request or to any attorney to obtain legal advice or legal assistance
with respect to the request shall inform such persons of any applicable
nondisclosure requirement. Any person who receives a disclosure under
this subsection shall be subject to the same prohibitions on disclosure
under paragraph (1).
`(4) At the request of the authorized Government agency, any person making
or intending to make a disclosure under this section shall identify to
the requesting official of the authorized Government agency the person
to whom such disclosure will be made or to whom such disclosure was made
prior to the request, but in no circumstance shall a person be required
to inform such requesting official that the person intends to consult
an attorney to obtain legal advice or legal assistance.'.
(d) Section 1114(a)(3) of the Right to Financial Privacy Act (12 U.S.C.
3414(a)(3)) is amended to read as follows:
`(3)(A) If the Government authority described in paragraph (1) or the
Secret Service, as the case may be, certifies that otherwise there may
result a danger to the national security of the United States, interference
with a criminal, counterterrorism, or counterintelligence investigation,
interference with diplomatic relations, or danger to the life or physical
safety of any person, no financial institution, or officer, employee,
or agent of such institution, shall disclose to any person (other than
those to whom such disclosure is necessary to comply with the request
or an attorney to obtain legal advice or legal assistance with respect
to the request) that the Government authority or the Secret Service has
sought or obtained access to a customer's financial records.
`(B) The request shall notify the person or entity to whom the request
is directed of the nondisclosure requirement under subparagraph (A).
`(C) Any recipient disclosing to those persons necessary to comply with
the request or to an attorney to obtain legal advice or legal assistance
with respect to the request shall inform such persons of any applicable
nondisclosure requirement. Any person who receives a disclosure under
this subsection shall be subject to the same prohibitions on disclosure
under subparagraph (A).
`(D) At the request of the authorized Government agency or the Secret
Service, any person making or intending to make a disclosure under this
section shall identify to the requesting official of the authorized Government
agency or the Secret Service the person to whom such disclosure will be
made or to whom such disclosure was made prior to the request, but in
no circumstance shall a person be required to inform such requesting official
that the person intends to consult an attorney to obtain legal advice
or legal assistance.'.
(e) Section 1114(a)(5)(D) of the Right to Financial Privacy Act (12 U.S.C.
3414(a)(5)(D)) is amended to read:
`(D) PROHIBITION OF CERTAIN DISCLOSURE-
`(i) If the Director of the Federal Bureau of Investigation, or his
designee in a position not lower than Deputy Assistant Director at
Bureau headquarters or a Special Agent in Charge in a Bureau field
office designated by the Director, certifies that otherwise there
may result a danger to the national security of the United States,
interference with a criminal, counterterrorism, or counterintelligence
investigation, interference with diplomatic relations, or danger to
the life or physical safety of any person, no financial institution,
or officer, employee, or agent of such institution, shall disclose
to any person (other than those to whom such disclosure is necessary
to comply with the request or an attorney to obtain legal advice or
legal assistance with respect to the request) that the Federal Bureau
of Investigation has sought or obtained access to a customer's or
entity's financial records under subparagraph (A).
`(ii) The request shall notify the person or entity to whom the request
is directed of the nondisclosure requirement under clause (i).
`(iii) Any recipient disclosing to those persons necessary to comply
with the request or to an attorney to obtain legal advice or legal
assistance with respect to the request shall inform such persons of
any applicable nondisclosure requirement. Any person who receives
a disclosure under this subsection shall be subject to the same prohibitions
on disclosure under clause (i).
`(iv) At the request of the Director of the Federal Bureau of Investigation
or the designee of the Director, any person making or intending to
make a disclosure under this section shall identify to the Director
or such designee the person to whom such disclosure will be made or
to whom such disclosure was made prior to the request, but in no circumstance
shall a person be required to inform the Director or such designee
that the person intends to consult an attorney to obtain legal advice
or legal assistance.'.
(f) Section 802(b) of the National Security Act of 1947 (50 U.S.C. 436(b))
is amended to read as follows:
`(b) Prohibition of Certain Disclosure-
`(1) If an authorized investigative agency described in subsection (a)
certifies that otherwise there may result a danger to the national security
of the United States, interference with a criminal, counterterrorism,
or counterintelligence investigation, interference with diplomatic relations,
or danger to the life or physical safety of any person, no governmental
or private entity, or officer, employee, or agent of such entity, may
disclose to any person (other than those to whom such disclosure is necessary
to comply with the request or an attorney to obtain legal advice or legal
assistance with respect to the request) that such entity has received
or satisfied a request made by an authorized investigative agency under
this section.
`(2) The request shall notify the person or entity to whom the request
is directed of the nondisclosure requirement under paragraph (1).
`(3) Any recipient disclosing to those persons necessary to comply with
the request or to an attorney to obtain legal advice or legal assistance
with respect to the request shall inform such persons of any applicable
nondisclosure requirement. Any person who receives a disclosure under
this subsection shall be subject to the same prohibitions on disclosure
under paragraph (1).
`(4) At the request of the authorized investigative agency, any person
making or intending to make a disclosure under this section shall identify
to the requesting official of the authorized investigative agency the
person to whom such disclosure will be made or to whom such disclosure
was made prior to the request, but in no circumstance shall a person be
required to inform such official that the person intends to consult an
attorney to obtain legal advice or legal assistance.'.
SEC. 117. VIOLATIONS OF NONDISCLOSURE PROVISIONS OF NATIONAL SECURITY
LETTERS.
Section 1510 of title 18, United States Code, is amended by adding at the
end the following:
`(e) Whoever, having been notified of the applicable disclosure prohibitions
or confidentiality requirements of section 2709(c)(1) of this title, section
626(d)(1) or 627(c)(1) of the Fair Credit Reporting Act (15 U.S.C. 1681u(d)(1)
or 1681v(c)(1)), section 1114(a)(3)(A) or 1114(a)(5)(D)(i) of the Right
to Financial Privacy Act (12 U.S.C. 3414(a)(3)(A) or 3414(a)(5)(D)(i)),
or section 802(b)(1) of the National Security Act of 1947 (50 U.S.C. 436(b)(1)),
knowingly and with the intent to obstruct an investigation or judicial proceeding
violates such prohibitions or requirements applicable by law to such person
shall be imprisoned for not more than five years, fined under this title,
or both.'.
SEC. 118. REPORTS ON NATIONAL SECURITY LETTERS.
(a) Existing Reports- Any report made to a committee of Congress regarding
national security letters under section 2709(c)(1) of title 18, United States
Code, section 626(d) or 627(c) of the Fair Credit Reporting Act (15 U.S.C.
1681u(d) or 1681v(c)), section 1114(a)(3) or 1114(a)(5)(D) of the Right
to Financial Privacy Act (12 U.S.C. 3414(a)(3) or 3414(a)(5)(D)), or section
802(b) of the National Security Act of 1947 (50 U.S.C. 436(b)) shall also
be made to the Committees on the Judiciary of the House of Representatives
and the Senate.
(b) Enhanced Oversight of Fair Credit Reporting Act Counterterrorism National
Security Letter- Section 627 of the Fair Credit Reporting Act (15 U.S.C.
1681(v)) is amended by inserting at the end the following new subsection:
`(f) Reports to Congress- (1) On a semi-annual basis, the Attorney General
shall fully inform the Committee on the Judiciary, the Committee on Financial
Services, and the Permanent Select Committee on Intelligence of the House
of Representatives and the Committee on the Judiciary, the Committee on
Banking, Housing, and Urban Affairs, and the Select Committee on Intelligence
of the Senate concerning all requests made pursuant to subsection (a).
`(2) In the case of the semiannual reports required to be submitted under
paragraph (1) to the Permanent Select Committee on Intelligence of the House
of Representatives and the Select Committee on Intelligence of the Senate,
the submittal dates for such reports shall be as provided in section 507
of the National Security Act of 1947 (50 U.S.C. 415b).'.
(c) Report on Requests for National Security Letters-
(1) IN GENERAL- In April of each year, the Attorney General shall submit
to Congress an aggregate report setting forth with respect to the preceding
year the total number of requests made by the Department of Justice for
information concerning different United States persons under--
(A) section 2709 of title 18, United States Code (to access certain
communication service provider records), excluding the number of requests
for subscriber information;
(B) section 1114 of the Right to Financial Privacy Act (12 U.S.C. 3414)
(to obtain financial institution customer records);
(C) section 802 of the National Security Act of 1947 (50 U.S.C. 436)
(to obtain financial information, records, and consumer reports);
(D) section 626 of the Fair Credit Reporting Act (15 U.S.C. 1681u) (to
obtain certain financial information and consumer reports); and
(E) section 627 of the Fair Credit Reporting Act (15 U.S.C. 1681v) (to
obtain credit agency consumer records for counterterrorism investigations).
(2) UNCLASSIFIED FORM- The report under this section shall be submitted
in unclassified form.
(d) National Security Letter Defined- In this section, the term `national
security letter' means a request for information under one of the following
provisions of law:
(1) Section 2709(a) of title 18, United States Code (to access certain
communication service provider records).
(2) Section 1114(a)(5)(A) of the Right to Financial Privacy Act (12 U.S.C.
3414(a)(5)(A)) (to obtain financial institution customer records).
(3) Section 802 of the National Security Act of 1947 (50 U.S.C. 436) (to
obtain financial information, records, and consumer reports).
(4) Section 626 of the Fair Credit Reporting Act (15 U.S.C. 1681u) (to
obtain certain financial information and consumer reports).
(5) Section 627 of the Fair Credit Reporting Act (15 U.S.C. 1681v) (to
obtain credit agency consumer records for counterterrorism investigations).
SEC. 119. AUDIT OF USE OF NATIONAL SECURITY LETTERS.
(a) Audit- The Inspector General of the Department of Justice shall perform
an audit of the effectiveness and use, including any improper or illegal
use, of national security letters issued by the Department of Justice.
(b) Requirements- The audit required under subsection (a) shall include--
(1) an examination of the use of national security letters by the Department
of Justice during calendar years 2003 through 2006;
(2) a description of any noteworthy facts or circumstances relating to
such use, including any improper or illegal use of such authority; and
(3) an examination of the effectiveness of national security letters as
an investigative tool, including--
(A) the importance of the information acquired by the Department of
Justice to the intelligence activities of the Department of Justice
or to any other department or agency of the Federal Government;
(B) the manner in which such information is collected, retained, analyzed,
and disseminated by the Department of Justice, including any direct
access to such information (such as access to `raw data') provided to
any other department, agency, or instrumentality of Federal, State,
local, or tribal governments or any private sector entity;
(C) whether, and how often, the Department of Justice utilized such
information to produce an analytical intelligence product for distribution
within the Department of Justice, to the intelligence community (as
such term is defined in section 3(4) of the National Security Act of
1947 (50 U.S.C. 401a(4))), or to other Federal, State, local, or tribal
government departments, agencies, or instrumentalities;
(D) whether, and how often, the Department of Justice provided such
information to law enforcement authorities for use in criminal proceedings;
(E) with respect to national security letters issued following the date
of the enactment of this Act, an examination of the number of occasions
in which the Department of Justice, or an officer or employee of the
Department of Justice, issued a national security letter without the
certification necessary to require the recipient of such letter to comply
with the nondisclosure and confidentiality requirements potentially
applicable under law; and
(F) the types of electronic communications and transactional information
obtained through requests for information under section 2709 of title
18, United States Code, including the types of dialing, routing, addressing,
or signaling information obtained, and the procedures the Department
of Justice uses if content information is obtained through the use of
such authority.
(1) PRIOR YEARS- Not later than one year after the date of the enactment
of this Act, or upon completion of the audit under this section for calendar
years 2003 and 2004, whichever is earlier, the Inspector General of the
Department of Justice shall submit to the Committee on the Judiciary and
the Permanent Select Committee on Intelligence of the House of Representatives
and the Committee on the Judiciary and the Select Committee on Intelligence
of the Senate a report containing the results of the audit conducted under
this subsection for calendar years 2003 and 2004.
(2) CALENDAR YEARS 2005 AND 2006- Not later than December 31, 2007, or
upon completion of the audit under this subsection for calendar years
2005 and 2006, whichever is earlier, the Inspector General of the Department
of Justice shall submit to the Committee on the Judiciary and the Permanent
Select Committee on Intelligence of the House of Representatives and the
Committee on the Judiciary and the Select Committee on Intelligence of
the Senate a report containing the results of the audit conducted under
this subsection for calendar years 2005 and 2006.
(d) Prior Notice to Attorney General and Director of National Intelligence;
Comments-
(1) NOTICE- Not less than 30 days before the submission of a report under
subsection (c)(1) or (c)(2), the Inspector General of the Department of
Justice shall provide such report to the Attorney General and the Director
of National Intelligence.
(2) COMMENTS- The Attorney General or the Director of National Intelligence
may provide comments to be included in the reports submitted under subsection
(c)(1) or (c)(2) as the Attorney General or the Director of National Intelligence
may consider necessary.
(e) Unclassified Form- The reports submitted under subsection (c)(1) or
(c)(2) and any comments included under subsection (d)(2) shall be in unclassified
form, but may include a classified annex.
(f) Minimization Procedures Feasibility- Not later than February 1, 2007,
or upon completion of review of the report submitted under subsection (c)(1),
whichever is earlier, the Attorney General and the Director of National
Intelligence shall jointly submit to the Committee on the Judiciary and
the Permanent Select Committee on Intelligence of the House of Representatives
and the Committee on the Judiciary and the Select Committee on Intelligence
of the Senate a report on the feasibility of applying minimization procedures
in the context of national security letters to ensure the protection of
the constitutional rights of United States persons.
(g) National Security Letter Defined- In this section, the term `national
security letter' means a request for information under one of the following
provisions of law:
(1) Section 2709(a) of title 18, United States Code (to access certain
communication service provider records).
(2) Section 1114(a)(5)(A) of the Right to Financial Privacy Act (12 U.S.C.
3414(a)(5)(A)) (to obtain financial institution customer records).
(3) Section 802 of the National Security Act of 1947 (50 U.S.C. 436) (to
obtain financial information, records, and consumer reports).
(4) Section 626 of the Fair Credit Reporting Act (15 U.S.C. 1681u) (to
obtain certain financial information and consumer reports).
(5) Section 627 of the Fair Credit Reporting Act (15 U.S.C. 1681v) (to
obtain credit agency consumer records for counterterrorism investigations).
SEC. 120. DEFINITION FOR FORFEITURE PROVISIONS UNDER SECTION 806 OF THE
USA PATRIOT ACT.
Section 981(a)(1)(G) of title 18, United States Code, is amended--
(1) in clause (i), by striking `act of international or domestic terrorism
(as defined in section 2331)' and inserting `any Federal crime of terrorism
(as defined in section 2332b(g)(5))';
(2) in clause (ii), by striking `an act of international or domestic terrorism
(as defined in section 2331)' with `any Federal crime of terrorism (as
defined in section 2332b(g)(5)'; and
(3) in clause (iii), by striking `act of international or domestic terrorism
(as defined in section 2331)' and inserting `Federal crime of terrorism
(as defined in section 2332b(g)(5))'.
SEC. 121. PENAL PROVISIONS REGARDING TRAFFICKING IN CONTRABAND CIGARETTES
OR SMOKELESS TOBACCO.
(a) Threshold Quantity for Treatment as Contraband Cigarettes- (1) Section
2341(2) of title 18, United States Code, is amended by striking `60,000
cigarettes' and inserting `10,000 cigarettes'.
(2) Section 2342(b) of that title is amended by striking `60,000' and inserting
`10,000'.
(3) Section 2343 of that title is amended--
(A) in subsection (a), by striking `60,000' and inserting `10,000'; and
(B) in subsection (b), by striking `60,000' and inserting `10,000'.
(b) Contraband Smokeless Tobacco- (1) Section 2341 of that title is amended--
(A) in paragraph (4), by striking `and' at the end;
(B) in paragraph (5), by striking the period at the end and inserting
a semicolon; and
(C) by adding at the end the following new paragraphs:
`(6) the term `smokeless tobacco' means any finely cut, ground, powdered,
or leaf tobacco that is intended to be placed in the oral or nasal cavity
or otherwise consumed without being combusted;
`(7) the term `contraband smokeless tobacco' means a quantity in excess
of 500 single-unit consumer-sized cans or packages of smokeless tobacco,
or their equivalent, that are in the possession of any person other than--
`(A) a person holding a permit issued pursuant to chapter 52 of the
Internal Revenue Code of 1986 as manufacturer of tobacco products or
as an export warehouse proprietor, a person operating a customs bonded
warehouse pursuant to section 311 or 555 of the Tariff Act of 1930 (19
U.S.C. 1311, 1555), or an agent of such person;
`(B) a common carrier transporting such smokeless tobacco under a proper
bill of lading or freight bill which states the quantity, source, and
designation of such smokeless tobacco;
`(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--
(A) in the matter preceding paragraph (1), by striking `only--' and
inserting `such information as the Attorney General considers appropriate
for purposes of enforcement of this chapter, including--'; and
(B) in the flush matter following paragraph (3), by striking the second
sentence;
(2) by redesignating subsection (b) as subsection (c);
(3) by inserting after subsection (a) the following new subsection (b):
`(b) Any person, except for a tribal government, who engages in a delivery
sale, and who ships, sells, or distributes any quantity in excess of 10,000
cigarettes, or any quantity in excess of 500 single-unit consumer-sized
cans or packages of smokeless tobacco, or their equivalent, within a single
month, shall submit to the Attorney General, pursuant to rules or regulations
prescribed by the Attorney General, a report that sets forth the following:
`(1) The person's beginning and ending inventory of cigarettes and cans
or packages of smokeless tobacco (in total) for such month.
`(2) The total quantity of cigarettes and cans or packages of smokeless
tobacco that the person received within such month from each other person
(itemized by name and address).
`(3) The total quantity of cigarettes and cans or packages of smokeless
tobacco that the person distributed within such month to each person (itemized
by name and address) other than a retail purchaser.'; and
(4) by adding at the end the following new subsections:
`(d) Any report required to be submitted under this chapter to the Attorney
General shall also be submitted to the Secretary of the Treasury and to
the attorneys general and the tax administrators of the States from where
the shipments, deliveries, or distributions both originated and concluded.
`(e) In this section, the term `delivery sale' means any sale of cigarettes
or smokeless tobacco in interstate commerce to a consumer if--
`(1) the consumer submits the order for such sale by means of a telephone
or other method of voice transmission, the mails, or the Internet or other
online service, or by any other means where the consumer is not in the
same physical location as the seller when the purchase or offer of sale
is made; or
`(2) the cigarettes or smokeless tobacco are delivered by use of the mails,
common carrier, private delivery service, or any other means where the
consumer is not in the same physical location as the seller when the consumer
obtains physical possession of the cigarettes or smokeless tobacco.
`(f) In this section, the term `interstate commerce' means commerce between
a State and any place outside the State, or commerce between points in the
same State but through any place outside the State.'.
(d) Disposal or Use of Forfeited Cigarettes and Smokeless Tobacco- Section
2344(c) of that title, as amended by this section, is further amended by
striking `seizure and forfeiture,' and all that follows and inserting `seizure
and forfeiture. The provisions of chapter 46 of title 18 relating to civil
forfeitures shall extend to any seizure or civil forfeiture under this section.
Any cigarettes or smokeless tobacco so seized and forfeited shall be either--
`(1) destroyed and not resold; or
`(2) used for undercover investigative operations for the detection and
prosecution of crimes, and then destroyed and not resold.'.
(e) Effect on State and Local Law- Section 2345 of that title is amended--
(1) in subsection (a), by striking `a State to enact and enforce' and
inserting `a State or local government to enact and enforce its own';
and
(2) in subsection (b), by striking `of States, through interstate compact
or otherwise, to provide for the administration of State' and inserting
`of State or local governments, through interstate compact or otherwise,
to provide for the administration of State or local'.
(f) Enforcement- Section 2346 of that title is amended--
(1) by inserting `(a)' before `The Attorney General'; and
(2) by adding at the end the following new subsection:
`(b)(1) A State, through its attorney general, a local government, through
its chief law enforcement officer (or a designee thereof), or any person
who holds a permit under chapter 52 of the Internal Revenue Code of 1986,
may bring an action in the United States district courts to prevent and
restrain violations of this chapter by any person (or by any person controlling
such person), except that any person who holds a permit under chapter 52
of the Internal Revenue Code of 1986 may not bring such an action against
a State or local government. No civil action may be commenced under this
paragraph against an Indian tribe or an Indian in Indian country (as defined
in section 1151).
`(2) A State, through its attorney general, or a local government, through
its chief law enforcement officer (or a designee thereof), may in a civil
action under paragraph (1) also obtain any other appropriate relief for
violations of this chapter from any person (or by any person controlling
such person), including civil penalties, money damages, and injunctive or
other equitable relief. Nothing in this chapter shall be deemed to abrogate
or constitute a waiver of any sovereign immunity of a State or local government,
or an Indian tribe against any unconsented lawsuit under this chapter, or
otherwise to restrict, expand, or modify any sovereign immunity of a State
or local government, or an Indian tribe.
`(3) The remedies under paragraphs (1) and (2) are in addition to any other
remedies under Federal, State, local, or other law.
`(4) Nothing in this chapter shall be construed to expand, restrict, or
otherwise modify any right of an authorized State official to proceed in
State court, or take other enforcement actions, on the basis of an alleged
violation of State or other law.
`(5) Nothing in this chapter shall be construed to expand, restrict, or
otherwise modify any right of an authorized local government official to
proceed in State court, or take other enforcement actions, on the basis
of an alleged violation of local or other law.'.
(g) Conforming and Clerical Amendments- (1) The section heading for section
2343 of that title is amended to read as follows:
`Sec. 2343. Recordkeeping, reporting, and inspection'.
(2) The section heading for section 2345 of such title is amended to read
as follows:
`Sec. 2345. Effect on State and local law'.
(3) The table of sections at the beginning of chapter 114 of that title
is amended--
(A) by striking the item relating to section 2343 and inserting the following
new item:
`2343. Recordkeeping, reporting, and inspection.';
(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:
--2341.'.
SEC. 122. PROHIBITION OF NARCO-TERRORISM.
Part A of the Controlled Substance Import and Export Act (21 U.S.C. 951
et seq.) is amended by inserting after section 1010 the following:
`FOREIGN TERRORIST ORGANIZATIONS, TERRORIST PERSONS AND GROUPS
`Prohibited Acts
`SEC. 1010A. (a) Whoever engages in conduct that would be punishable under
section 841(a) of this title if committed within the jurisdiction of the
United States, or attempts or conspires to do so, knowing or intending to
provide, directly or indirectly, anything of pecuniary value to any person
or organization that has engaged or engages in terrorist activity (as defined
in section 212(a)(3)(B) of the Immigration and Nationality Act) or terrorism
(as defined in section 140(d)(2) of the Foreign Relations Authorization
Act, Fiscal Years 1988 and 1989), shall be sentenced to a term of imprisonment
of not less than twice the minimum punishment under section 841(b)(1), and
not more than life, a fine in accordance with the provisions of title 18,
United States Code, or both. Notwithstanding section 3583 of title 18, United
States Code, any sentence imposed under this subsection shall include a
term of supervised release of at least 5 years in addition to such term
of imprisonment.
`Jurisdiction
`(b) There is jurisdiction over an offense under this section if--
`(1) the prohibited drug activity or the terrorist offense is in violation
of the criminal laws of the United States;
`(2) the offense, the prohibited drug activity, or the terrorist offense
occurs in or affects interstate or foreign commerce;
`(3) an offender provides anything of pecuniary value for a terrorist
offense that causes or is designed to cause death or serious bodily injury
to a national of the United States while that national is outside the
United States, or substantial damage to the property of a legal entity
organized under the laws of the United States (including any of its States,
districts, commonwealths, territories, or possessions) while that property
is outside of the United States;
`(4) the offense or the prohibited drug activity occurs in whole or in
part outside of the United States (including on the high seas), and a
perpetrator of the offense or the prohibited drug activity is a national
of the United States or a legal entity organized under the laws of the
United States (including any of its States, districts, commonwealths,
territories, or possessions); or
`(5) after the conduct required for the offense occurs an offender is
brought into or found in the United States, even if the conduct required
for the offense occurs outside the United States.
`Proof Requirements
`(c) To violate subsection (a), a person must have knowledge that the person
or organization has engaged or engages in terrorist activity (as defined
in section 212(a)(3)(B) of the Immigration and Nationality Act) or terrorism
(as defined in section 140(d)(2) of the Foreign Relations Authorization
Act, Fiscal Years 1988 and 1989).
`Definition
`(d) As used in this section, the term `anything of pecuniary value' has
the meaning given the term in section 1958(b)(1) of title 18, United States
Code.'.
SEC. 123. INTERFERING WITH THE OPERATION OF AN AIRCRAFT.
Section 32 of title 18, United States Code, is amended--
(1) in subsection (a), by redesignating paragraphs (5), (6), and (7) as
paragraphs (6), (7), and (8) respectively;
(2) by inserting after paragraph (4) of subsection (a), the following:
`(5) interferes with or disables, with intent to endanger the safety of
any person or with a reckless disregard for the safety of human life,
anyone engaged in the authorized operation of such aircraft or any air
navigation facility aiding in the navigation of any such aircraft;';
(3) in subsection (a)(8), by striking `paragraphs (1) through (6)' and
inserting `paragraphs (1) through (7)'; and
(4) in subsection (c), by striking `paragraphs (1) through (5)' and inserting
`paragraphs (1) through (6)'.
SEC. 124. SENSE OF CONGRESS RELATING TO LAWFUL POLITICAL ACTIVITY.
It is the sense of Congress that government should not investigate an American
citizen solely on the basis of the citizen's membership in a non-violent
political organization or the fact that the citizen was engaging in other
lawful political activity.
SEC. 125. REMOVAL OF CIVIL LIABILITY BARRIERS THAT DISCOURAGE THE DONATION
OF FIRE EQUIPMENT TO VOLUNTEER FIRE COMPANIES.
(a) Liability Protection- A person who donates qualified fire control or
rescue equipment to a volunteer fire company shall not be liable for civil
damages under any State or Federal law for personal injuries, property damage
or loss, or death caused by the equipment after the donation.
(b) Exceptions- Subsection (a) does not apply to a person if--
(1) the person's act or omission causing the injury, damage, loss, or
death constitutes gross negligence or intentional misconduct;
(2) the person is the manufacturer of the qualified fire control or rescue
equipment; or
(3) the person or agency modified or altered the equipment after it had
been recertified by an authorized technician as meeting the manufacturer's
specifications.
(c) Preemption- This section preempts the laws of any State to the extent
that such laws are inconsistent with this section, except that notwithstanding
subsection (b) this section shall not preempt any State law that provides
additional protection from liability for a person who donates fire control
or fire rescue equipment to a volunteer fire company.
(d) Definitions- In this section:
(1) PERSON- The term `person' includes any governmental or other entity.
(2) FIRE CONTROL OR RESCUE EQUIPMENT- The term `fire control or fire rescue
equipment' includes any fire vehicle, fire fighting tool, communications
equipment, protective gear, fire hose, or breathing apparatus.
(3) QUALIFIED FIRE CONTROL OR RESCUE EQUIPMENT- The term `qualified fire
control or rescue equipment' means fire control or fire rescue equipment
that has been recertified by an authorized technician as meeting the manufacturer's
specifications.
(4) STATE- The term `State' includes the several States, the District
of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the
Northern Mariana Islands, American Samoa, Guam, the Virgin Islands, any
other territory or possession of the United States, and any political
subdivision of any such State, territory, or possession.
(5) VOLUNTEER FIRE COMPANY- The term `volunteer fire company' means an
association of individuals who provide fire protection and other emergency
services, where at least 30 percent of the individuals receive little
or no compensation compared with an entry level full-time paid individual
in that association or in the nearest such association with an entry level
full-time paid individual.
(6) AUTHORIZED TECHNICIAN- The term `authorized technician' means a technician
who has been certified by the manufacturer of fire control or fire rescue
equipment to inspect such equipment. The technician need not be employed
by the State or local agency administering the distribution of the fire
control or fire rescue equipment.
(e) Effective Date- This section applies only to liability for injury, damage,
loss, or death caused by equipment that, for purposes of subsection (a),
is donated on or after the date that is 30 days after the date of the enactment
of this section.
SEC. 126. REPORT ON DATA-MINING ACTIVITIES.
(a) Report- Not later than one year after the date of the enactment of this
Act, the Attorney General shall submit to Congress a report on any initiative
of the Department of Justice that uses or is intended to develop pattern-based
data-mining technology, including, for each such initiative, the following
information:
(1) A thorough description of the pattern-based data-mining technology
consistent with the protection of existing patents, proprietary business
processes, trade secrets, and intelligence sources and methods.
(2) A thorough discussion of the plans for the use of such technology
and the target dates for the deployment of the pattern-based data-mining
technology.
(3) An assessment of the likely efficacy of the pattern-based data-mining
technology quality assurance controls to be used in providing accurate
and valuable information consistent with the stated plans for the use
of the technology.
(4) An assessment of the likely impact of the implementation of the pattern-based
data-mining technology on privacy and civil liberties.
(5) A list and analysis of the laws and regulations applicable to the
Department of Justice that govern the application of the pattern-based
data-mining technology to the information to be collected, reviewed, gathered,
and analyzed with the pattern-based data-mining technology.
(6) A thorough discussion of the policies, procedures, and guidelines
of the Department of Justice that are to be developed and applied in the
use of such technology for pattern-based data-mining in order to--
(A) protect the privacy and due process rights of individuals; and
(B) ensure that only accurate information is collected and used or account
for the possibility of inaccuracy in that information and guard against
harmful consequences of potential inaccuracies.
(7) Any necessary classified information in an annex that shall be available
consistent with national security to the Committee on the Judiciary of
both the Senate and the House of Representatives.
(b) Definitions- In this section:
(1) DATA-MINING- The term `data-mining' means a query or search or other
analysis of one or more electronic databases, where--
(A) at least one of the databases was obtained from or remains under
the control of a non-Federal entity, or the information was acquired
initially by another department or agency of the Federal Government
for purposes other than intelligence or law enforcement;
(B) the search does not use personal identifiers of a specific individual
or does not utilize inputs that appear on their face to identify or
be associated with a specified individual to acquire information; and
(C) a department or agency of the Federal Government is conducting the
query or search or other analysis to find a pattern indicating terrorist
or other criminal activity.
(2) DATABASE- The term `database' does not include telephone directories,
information publicly available via the Internet or available by any other
means to any member of the public, any databases maintained, operated,
or controlled by a State, local, or tribal government (such as a State
motor vehicle database), or databases of judicial and administrative opinions.
SEC. 127. SENSE OF CONGRESS.
It is the sense of Congress that under section 981 of title 18, United States
Code, victims of terrorists attacks should have access to the assets forfeited.
SEC. 128. USA PATRIOT ACT SECTION 214; AUTHORITY FOR DISCLOSURE OF ADDITIONAL
INFORMATION IN CONNECTION WITH ORDERS FOR PEN REGISTER AND TRAP AND TRACE
AUTHORITY UNDER FISA.
(a) Records- Section 402(d)(2) of the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1842(d)(2)) is amended--
(1) in subparagraph (A)--
(A) in clause (ii), by adding `and' at the end; and
(B) in clause (iii), by striking the period at the end and inserting
a semicolon;
(2) in subparagraph (B)(iii), by striking the period at the end and inserting
`; and'; and
(3) by adding at the end the following:
`(C) shall direct that, upon the request of the applicant, the provider
of a wire or electronic communication service shall disclose to the
Federal officer using the pen register or trap and trace device covered
by the order--
`(i) in the case of the customer or subscriber using the service covered
by the order (for the period specified by the order)--
`(I) the name of the customer or subscriber;
`(II) the address of the customer or subscriber;
`(III) the telephone or instrument number, or other subscriber number
or identifier, of the customer or subscriber, including any temporarily
assigned network address or associated routing or transmission information;
`(IV) the length of the provision of service by such provider to
the customer or subscriber and the types of services utilized by
the customer or subscriber;
`(V) in the case of a provider of local or long distance telephone
service, any local or long distance telephone records of the customer
or subscriber;
`(VI) if applicable, any records reflecting period of usage (or
sessions) by the customer or subscriber; and
`(VII) any mechanisms and sources of payment for such service, including
the number of any credit card or bank account utilized for payment
for such service; and
`(ii) if available, with respect to any customer or subscriber of
incoming or outgoing communications to or from the service covered
by the order--
`(I) the name of such customer or subscriber;
`(II) the address of such customer or subscriber;
`(III) the telephone or instrument number, or other subscriber number
or identifier, of such customer or subscriber, including any temporarily
assigned network address or associated routing or transmission information;
and
`(IV) the length of the provision of service by such provider to
such customer or subscriber and the types of services utilized by
such customer or subscriber.'.
(b) Enhanced Oversight- Section 406(a) of the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1846(a)) is amended by inserting `, and the Committee
on the Judiciary of the House of Representatives and the Committee on the
Judiciary of the Senate,' after `of the Senate'.
TITLE II--TERRORIST DEATH PENALTY ENHANCEMENT
SEC. 201. SHORT TITLE.
This title may be cited as the `Terrorist Death Penalty Enhancement Act
of 2005'.
Subtitle A--Terrorist Penalties Enhancement Act
SEC. 211. DEATH PENALTY PROCEDURES FOR CERTAIN AIR PIRACY CASES OCCURRING
BEFORE ENACTMENT OF THE FEDERAL DEATH PENALTY ACT OF 1994.
(a) In General- Section 60003 of the Violent Crime Control and Law Enforcement
Act of 1994 (Public Law 103-322), is amended, as of the time of its enactment,
by adding at the end the following:
`(c) Death Penalty Procedures for Certain Previous Aircraft Piracy Violations-
An individual convicted of violating section 46502 of title 49, United States
Code, or its predecessor, may be sentenced to death in accordance with the
procedures established in chapter 228 of title 18, United States Code, if
for any offense committed before the enactment of the Violent Crime Control
and Law Enforcement Act of 1994 (Public Law 103-322), but after the enactment
of the Antihijacking Act of 1974 (Public Law 93-366), it is determined by
the finder of fact, before consideration of the factors set forth in sections
3591(a)(2) and 3592(a) and (c) of title 18, United States Code, that one
or more of the factors set forth in former section 46503(c)(2) of title
49, United States Code, or its predecessor, has been proven by the Government
to exist, beyond a reasonable doubt, and that none of the factors set forth
in former section 46503(c)(1) of title 49, United States Code, or its predecessor,
has been proven by the defendant to exist, by a preponderance of the information.
The meaning of the term `especially heinous, cruel, or depraved', as used
in the factor set forth in former section 46503(c)(2)(B)(iv) of title 49,
United States Code, or its predecessor, shall be narrowed by adding the
limiting language `in that it involved torture or serious physical abuse
to the victim', and shall be construed as when that term is used in section
3592(c)(6) of title 18, United States Code.'.
(b) Severability Clause- If any provision of section 60003(b)(2) of the
Violent Crime and Law Enforcement Act of 1994 (Public Law 103-322), or the
application thereof to any person or any circumstance is held invalid, the
remainder of such section and the application of such section to other persons
or circumstances shall not be affected thereby.
SEC. 212. POSTRELEASE SUPERVISION OF TERRORISTS.
Section 3583(j) of title 18, United States Code, is amended in subsection
(j), by striking `, the commission' and all that follows through `person,'.
Subtitle B--Federal Death Penalty Procedures
SEC. 221. ELIMINATION OF PROCEDURES APPLICABLE ONLY TO CERTAIN CONTROLLED
SUBSTANCES ACT CASES.
Section 408 of the Controlled Substances Act (21 U.S.C. 848) is amended--
(1) in subsection (e)(2), by striking `(1)(b)' and inserting `(1)(B)';
(2) by striking subsection (g) and all that follows through subsection
(p);
(3) by striking subsection (r); and
(4) in subsection (q), by striking paragraphs (1) through (3).
SEC. 222. COUNSEL FOR FINANCIALLY UNABLE DEFENDANTS.
(a) In General- Chapter 228 of title 18, United States Code, is amended
by adding at the end the following new section:
`Sec. 3599. Counsel for financially unable defendants
`(a)(1) Notwithstanding any other provision of law to the contrary, in every
criminal action in which a defendant is charged with a crime which may be
punishable by death, a defendant who is or becomes financially unable to
obtain adequate representation or investigative, expert, or other reasonably
necessary services at any time either--
`(B) after the entry of a judgment imposing a sentence of death but before
the execution of that judgment;
shall be entitled to the appointment of one or more attorneys and the furnishing
of such other services in accordance with subsections (b) through (f).
`(2) In any post conviction proceeding under section 2254 or 2255 of title
28, United States Code, seeking to vacate or set aside a death sentence,
any defendant who is or becomes financially unable to obtain adequate representation
or investigative, expert, or other reasonably necessary services shall be
entitled to the appointment of one or more attorneys and the furnishing
of such other services in accordance with subsections (b) through (f).
`(b) If the appointment is made before judgment, at least one attorney so
appointed must have been admitted to practice in the court in which the
prosecution is to be tried for not less than five years, and must have had
not less than three years experience in the actual trial of felony prosecutions
in that court.
`(c) If the appointment is made after judgment, at least one attorney so
appointed must have been admitted to practice in the court of appeals for
not less than five years, and must have had not less than three years experience
in the handling of appeals in that court in felony cases.
`(d) With respect to subsections (b) and (c), the court, for good cause,
may appoint another attorney whose background, knowledge, or experience
would otherwise enable him or her to properly represent the defendant, with
due consideration to the seriousness of the possible penalty and to the
unique and complex nature of the litigation.
`(e) Unless replaced by similarly qualified counsel upon the attorney's
own motion or upon motion of the defendant, each attorney so appointed shall
represent the defendant throughout every subsequent stage of available judicial
proceedings, including pretrial proceedings, trial, sentencing, motions
for new trial, appeals, applications for writ of certiorari to the Supreme
Court of the United States, and all available post-conviction process, together
with applications for stays of execution and other appropriate motions and
procedures, and shall also represent the defendant in such competency proceedings
and proceedings for executive or other clemency as may be available to the
defendant.
`(f) Upon a finding that investigative, expert, or other services are reasonably
necessary for the representation of the defendant, whether in connection
with issues relating to guilt or the sentence, the court may authorize the
defendant's attorneys to obtain such services on behalf of the defendant
and, if so authorized, shall order the payment of fees and expenses therefor
under subsection (g). No ex parte proceeding, communication, or request
may be considered pursuant to this section unless a proper showing is made
concerning the need for confidentiality. Any such proceeding, communication,
or request shall be transcribed and made a part of the record available
for appellate review.
`(g)(1) Compensation shall be paid to attorneys appointed under this subsection
at a rate of not more than $125 per hour for in-court and out-of-court time.
The Judicial Conference is authorized to raise the maximum for hourly payment
specified in the paragraph up to the aggregate of the overall average percentages
of the adjustments in the rates of pay for the General Schedule made pursuant
to section 5305 of title 5 on or after such date. After the rates are raised
under the preceding sentence, such hourly range may be raised at intervals
of not less than one year, up to the aggregate of the overall average percentages
of such adjustments made since the last raise under this paragraph.
`(2) Fees and expenses paid for investigative, expert, and other reasonably
necessary services authorized under subsection (f) shall not exceed $7,500
in any case, unless payment in excess of that limit is certified by the
court, or by the United States magistrate judge, if the services were rendered
in connection with the case disposed of entirely before such magistrate
judge, as necessary to provide fair compensation for services of an unusual
character or duration, and the amount of the excess payment is approved
by the chief judge of the circuit. The chief judge of the circuit may delegate
such approval authority to an active circuit judge.
`(3) The amounts paid under this paragraph for services in any case shall
be disclosed to the public, after the disposition of the petition.'.
(b) Conforming Amendment- The table of sections of the bill is amended by
inserting after the item relating to section 3598 the following new item:
`3599. Counsel for financially unable defendants.'.
(c) Repeal- Subsection (q) of section 408 of the Controlled Substances Act
is amended by striking paragraphs (4) through (10).
TITLE III--REDUCING CRIME AND TERRORISM AT AMERICA'S SEAPORTS
SEC. 301. SHORT TITLE.
This title may be cited as the `Reducing Crime and Terrorism at America's
Seaports Act of 2005'.
SEC. 302. ENTRY BY FALSE PRETENSES TO ANY SEAPORT.
(a) In General- Section 1036 of title 18, United States Code, is amended--
(A) in paragraph (2), by striking `or' at the end;
(B) by redesignating paragraph (3) as paragraph (4); and
(C) by inserting after paragraph (2) the following:
`(3) any secure or restricted area of any seaport, designated as secure
in an approved security plan, as required under section 70103 of title
46, United States Code, and the rules and regulations promulgated under
that section; or';
(2) in subsection (b)(1), by striking `5 years' and inserting `10 years';
(3) in subsection (c)(1), by inserting `, captain of the seaport,' after
`airport authority'; and
(4) by striking the section heading and inserting the following:
`Sec. 1036. Entry by false pretenses to any real property, vessel, or
aircraft of the United States or secure area of any airport or seaport'.
(b) Technical and Conforming Amendment- The table of sections for chapter
47 of title 18 is amended by striking the matter relating to section 1036
and inserting the following:
`1036. Entry by false pretenses to any real property, vessel, or aircraft
of the United States or secure area of any airport or seaport.'.
(c) Definition of Seaport- Chapter 1 of title 18, United States Code, is
amended by adding at the end the following:
`Sec. 26. Definition of seaport
`As used in this title, the term `seaport' means all piers, wharves, docks,
and similar structures, adjacent to any waters subject to the jurisdiction
of the United States, to which a vessel may be secured, including areas
of land, water, or land and water under and in immediate proximity to such
structures, buildings on or contiguous to such structures, and the equipment
and materials on such structures or in such buildings.'.
(d) Technical and Conforming Amendment- The table of sections for chapter
1 of title 18 is amended by inserting after the matter relating to section
25 the following:
`26. Definition of seaport.'.
SEC. 303. CRIMINAL SANCTIONS FOR FAILURE TO HEAVE TO, OBSTRUCTION OF BOARDING,
OR PROVIDING FALSE INFORMATION.
(a) Offense- Chapter 109 of title 18, United States Code, is amended by
adding at the end the following:
`Sec. 2237. Criminal sanctions for failure to heave to, obstruction of
boarding, or providing false information
`(a)(1) It shall be unlawful for the master, operator, or person in charge
of a vessel of the United States, or a vessel subject to the jurisdiction
of the United States, to knowingly fail to obey an order by an authorized
Federal law enforcement officer to heave to that vessel.
`(2) It shall be unlawful for any person on board a vessel of the United
States, or a vessel subject to the jurisdiction of the United States, to--
`(A) forcibly resist, oppose, prevent, impede, intimidate, or interfere
with a boarding or other law enforcement action authorized by any Federal
law or to resist a lawful arrest; or
`(B) provide materially false information to a Federal law enforcement
officer during a boarding of a vessel regarding the vessel's destination,
origin, ownership, registration, nationality, cargo, or crew.
`(b) Any person who intentionally violates this section shall be fined under
this title or imprisoned for not more than 5 years, or both.
`(c) This section does not limit the authority of a customs officer under
section 581 of the Tariff Act of 1930 (19 U.S.C. 1581), or any other provision
of law enforced or administered by the Secretary of the Treasury or the
Secretary of Homeland Security, or the authority of any Federal law enforcement
officer under any law of the United States, to order a vessel to stop or
heave to.
`(d) A foreign nation may consent or waive objection to the enforcement
of United States law by the United States under this section by radio, telephone,
or similar oral or electronic means. Consent or waiver may be proven by
certification of the Secretary of State or the designee of the Secretary
of State.
`(1) the term `Federal law enforcement officer' has the meaning given
the term in section 115(c);
`(2) the term `heave to' means to cause a vessel to slow, come to a stop,
or adjust its course or speed to account for the weather conditions and
sea state to facilitate a law enforcement boarding;
`(3) the term `vessel subject to the jurisdiction of the United States'
has the meaning given the term in section 2 of the Maritime Drug Law Enforcement
Act (46 U.S.C. App. 1903); and
`(4) the term `vessel of the United States' has the meaning given the
term in section 2 of the Maritime Drug Law Enforcement Act (46 U.S.C.
App. 1903).'.
(b) Conforming Amendment- The table of sections for chapter 109, title 18,
United States Code, is amended by inserting after the item for section 2236
the following:
`2237. Criminal sanctions for failure to heave to, obstruction of boarding,
or providing false information.'.
SEC. 304. CRIMINAL SANCTIONS FOR VIOLENCE AGAINST MARITIME NAVIGATION,
PLACEMENT OF DESTRUCTIVE DEVICES.
(a) PLACEMENT OF DESTRUCTIVE DEVICES-
(1) IN GENERAL- Chapter 111 of title 18, United States Code, as amended
by subsection (a), is further amended by adding at the end the following:
`Sec. 2282A. Devices or dangerous substances in waters of the United States
likely to destroy or damage ships or to interfere with maritime commerce
`(a) A person who knowingly places, or causes to be placed, in navigable
waters of the United States, by any means, a device or dangerous substance
which is likely to destroy or cause damage to a vessel or its cargo, cause
interference with the safe navigation of vessels, or interference with maritime
commerce (such as by damaging or destroying marine terminals, facilities,
or any other marine structure or entity used in maritime commerce) with
the intent of causing such destruction or damage, interference with the
safe navigation of vessels, or interference with maritime commerce shall
be fined under this title or imprisoned for any term of years, or for life;
or both.
`(b) A person who causes the death of any person by engaging in conduct
prohibited under subsection (a) may be punished by death.
`(c) Nothing in this section shall be construed to apply to otherwise lawfully
authorized and conducted activities of the United States Government.
`(1) The term `dangerous substance' means any solid, liquid, or gaseous
material that has the capacity to cause damage to a vessel or its cargo,
or cause interference with the safe navigation of a vessel.
`(2) The term `device' means any object that, because of its physical,
mechanical, structural, or chemical properties, has the capacity to cause
damage to a vessel or its cargo, or cause interference with the safe navigation
of a vessel.'.
(2) CONFORMING AMENDMENT- The table of sections for chapter 111 of title
18, United States Code, as amended by subsection (b), is further amended
by adding after the item related to section 2282 the following:
`2282A. Devices or dangerous substances in waters of the United States
likely to destroy or damage ships or to interfere with maritime commerce.'.
(b) Violence Against Maritime Navigation-
(1) IN GENERAL- Chapter 111 of title 18, United States Code as amended
by subsections (a) and (c), is further amended by adding at the end the
following:
`Sec. 2282B. Violence against aids to maritime navigation
`Whoever intentionally destroys, seriously damages, alters, moves, or tampers
with any aid to maritime navigation maintained by the Saint Lawrence Seaway
Development Corporation under the authority of section 4 of the Act of May
13, 1954 (33 U.S.C. 984), by the Coast Guard pursuant to section 81 of title
14, United States Code, or lawfully maintained under authority granted by
the Coast Guard pursuant to section 83 of title 14, United States Code,
if such act endangers or is likely to endanger the safe navigation of a
ship, shall be fined under this title or imprisoned for not more than 20
years, or both.'.
(2) CONFORMING AMENDMENT- The table of sections for chapter 111 of title
18, United States Code, as amended by subsections (b) and (d) is further
amended by adding after the item related to section 2282A the following:
`2282B. Violence against aids to maritime navigation.'.
SEC. 305. TRANSPORTATION OF DANGEROUS MATERIALS AND TERRORISTS.
(a) Transportation of Dangerous Materials and Terrorists- Chapter 111 of
title 18, as amended by section 305, is further amended by adding at the
end the following:
`Sec. 2283. Transportation of explosive, biological, chemical, or radioactive
or nuclear materials
`(a) In General- Whoever knowingly transports aboard any vessel within the
United States and on waters subject to the jurisdiction of the United States
or any vessel outside the United States and on the high seas or having United
States nationality an explosive or incendiary device, biological agent,
chemical weapon, or radioactive or nuclear material, knowing that any such
item is intended to be used to commit an offense listed under section 2332b(g)(5)(B),
shall be fined under this title or imprisoned for any term of years or for
life, or both.
`(b) Causing Death- Any person who causes the death of a person by engaging
in conduct prohibited by subsection (a) may be punished by death.
`(c) Definitions- In this section:
`(1) BIOLOGICAL AGENT- The term `biological agent' means any biological
agent, toxin, or vector (as those terms are defined in section 178).
`(2) BY-PRODUCT MATERIAL- The term `by-product material' has the meaning
given that term in section 11(e) of the Atomic Energy Act of 1954 (42
U.S.C. 2014(e)).
`(3) CHEMICAL WEAPON- The term `chemical weapon' has the meaning given
that term in section 229F(1).
`(4) EXPLOSIVE OR INCENDIARY DEVICE- The term `explosive or incendiary
device' has the meaning given the term in section 232(5) and includes
explosive materials, as that term is defined in section 841(c) and explosive
as defined in section 844(j).
`(5) NUCLEAR MATERIAL- The term `nuclear material' has the meaning given
that term in section 831(f)(1).
`(6) RADIOACTIVE MATERIAL- The term `radioactive material' means--
`(A) source material and special nuclear material, but does not include
natural or depleted uranium;
`(B) nuclear by-product material;
`(C) material made radioactive by bombardment in an accelerator; or
`(D) all refined isotopes of radium.
`(8) SOURCE MATERIAL- The term `source material' has the meaning given
that term in section 11(z) of the Atomic Energy Act of 1954 (42 U.S.C.
2014(z)).
`(9) SPECIAL NUCLEAR MATERIAL- The term `special nuclear material' has
the meaning given that term in section 11(aa) of the Atomic Energy Act
of 1954 (42 U.S.C. 2014(aa)).
`Sec. 2284. Transportation of terrorists
`(a) In General- Whoever knowingly and intentionally transports any terrorist
aboard any vessel within the United States and on waters subject to the
jurisdiction of the United States or any vessel outside the United States
and on the high seas or having United States nationality, knowing that the
transported person is a terrorist, shall be fined under this title or imprisoned
for any term of years or for life, or both.
`(b) Defined Term- In this section, the term `terrorist' means any person
who intends to commit, or is avoiding apprehension after having committed,
an offense listed under section 2332b(g)(5)(B).'.
(b) Conforming Amendment- The table of sections for chapter 111 of title
18, United States Code, as amended by section 305, is further amended by
adding at the end the following:
`2283. Transportation of explosive, chemical, biological, or radioactive
or nuclear materials.
`2284. Transportation of terrorists.'.
SEC. 306. DESTRUCTION OF, OR INTERFERENCE WITH, VESSELS OR MARITIME FACILITIES.
(a) In General- Title 18, United States Code, is amended by inserting after
chapter 111 the following:
`CHAPTER 111A--DESTRUCTION OF, OR INTERFERENCE WITH, VESSELS OR MARITIME
FACILITIES
`2290. Jurisdiction and scope.
`2291. Destruction of vessel or maritime facility.
`2292. Imparting or conveying false information.
`Sec. 2290. Jurisdiction and scope
`(a) Jurisdiction- There is jurisdiction, including extraterritorial jurisdiction,
over an offense under this chapter if the prohibited activity takes place--
`(1) within the United States and within waters subject to the jurisdiction
of the United States; or
`(2) outside United States and--
`(A) an offender or a victim is a national of the United States (as
that term is defined under section 101(a)(22) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(22));
`(B) the activity involves a vessel in which a national of the United
States was on board; or
`(C) the activity involves a vessel of the United States (as that term
is defined under section 2 of the Maritime Drug Law Enforcement Act
(46 U.S.C. App. 1903).
`(b) Scope- Nothing in this chapter shall apply to otherwise lawful activities
carried out by or at the direction of the United States Government.
`Sec. 2291. Destruction of vessel or maritime facility
`(a) Offense- Whoever knowingly--
`(1) sets fire to, damages, destroys, disables, or wrecks any vessel;
`(2) places or causes to be placed a destructive device, as defined in
section 921(a)(4), destructive substance, as defined in section 31(a)(3),
or an explosive, as defined in section 844(j) in, upon, or near, or otherwise
makes or causes to be made unworkable or unusable or hazardous to work
or use, any vessel, or any part or other materials used or intended to
be used in connection with the operation of a vessel;
`(3) sets fire to, damages, destroys, or disables or places a destructive
device or substance in, upon, or near, any maritime facility, including
any aid to navigation, lock, canal, or vessel traffic service facility
or equipment;
`(4) interferes by force or violence with the operation of any maritime
facility, including any aid to navigation, lock, canal, or vessel traffic
service facility or equipment, if such action is likely to endanger the
safety of any vessel in navigation;
`(5) sets fire to, damages, destroys, or disables or places a destructive
device or substance in, upon, or near, any appliance, structure, property,
machine, or apparatus, or any facility or other material used, or intended
to be used, in connection with the operation, maintenance, loading, unloading,
or storage of any vessel or any passenger or cargo carried or intended
to be carried on any vessel;
`(6) performs an act of violence against or incapacitates any individual
on any vessel, if such act of violence or incapacitation is likely to
endanger the safety of the vessel or those on board;
`(7) performs an act of violence against a person that causes or is likely
to cause serious bodily injury, as defined in section 1365(h)(3), in,
upon, or near, any appliance, structure, property, machine, or apparatus,
or any facility or other material used, or intended to be used, in connection
with the operation, maintenance, loading, unloading, or storage of any
vessel or any passenger or cargo carried or intended to be carried on
any vessel;
`(8) communicates information, knowing the information to be false and
under circumstances in which such information may reasonably be believed,
thereby endangering the safety of any vessel in navigation; or
`(9) attempts or conspires to do anything prohibited under paragraphs
(1) through (8),
shall be fined under this title or imprisoned not more than 20 years, or
both.
`(b) Limitation- Subsection (a) shall not apply to any person that is engaging
in otherwise lawful activity, such as normal repair and salvage activities,
and the transportation of hazardous materials regulated and allowed to be
transported under chapter 51 of title 49.
`(c) Penalty- Whoever is fined or imprisoned under subsection (a) as a result
of an act involving a vessel that, at the time of the violation, carried
high-level radioactive waste (as that term is defined in section 2(12) of
the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101(12)) or spent nuclear
fuel (as that term is defined in section 2(23) of the Nuclear Waste Policy
Act of 1982 (42 U.S.C. 10101(23)), shall be fined under this title, imprisoned
for a term up to life, or both.
`(d) Penalty When Death Results- Whoever is convicted of any crime prohibited
by subsection (a) and intended to cause death by the prohibited conduct,
if the conduct resulted in the death of any person, shall be subject also
to the death penalty or to a term of imprisonment for a period up to life.
`(e) Threats- Whoever knowingly and intentionally imparts or conveys any
threat to do an act which would violate this chapter, with an apparent determination
and will to carry the threat into execution, shall be fined under this title
or imprisoned not more than 5 years, or both, and is liable for all costs
incurred as a result of such threat.
`Sec. 2292. Imparting or conveying false information
`(a) In General- Whoever imparts or conveys or causes to be imparted or
conveyed false information, knowing the information to be false, concerning
an attempt or alleged attempt being made or to be made, to do any act that
would be a crime prohibited by this chapter or by chapter 111 of this title,
shall be subject to a civil penalty of not more than $5,000, which shall
be recoverable in a civil action brought in the name of the United States.
`(b) Malicious Conduct- Whoever knowingly, intentionally, maliciously, or
with reckless disregard for the safety of human life, imparts or conveys
or causes to be imparted or conveyed false information, knowing the information
to be false, concerning an attempt or alleged attempt to do any act which
would be a crime prohibited by this chapter or by chapter 111 of this title,
shall be fined under this title or imprisoned not more than 5 years.
`(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:
--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.'.
(1) IN GENERAL- Section 2311 of title 18, United States Code, is amended
by adding at the end the following, as a new undesignated paragraph: `Vessel'
means any watercraft or other contrivance used or designed for transportation
or navigation on, under, or immediately above, water.'.
(2) TRANSPORTATION AND SALE OF STOLEN VESSELS-
(A) TRANSPORTATION- Section 2312 of title 18, United States Code, is
amended by striking `motor vehicle or aircraft' and inserting `motor
vehicle, vessel, or aircraft'.
(B) SALE- Section 2313(a) of title 18, United States Code, is amended
by striking `motor vehicle or aircraft' and inserting `motor vehicle,
vessel, or aircraft'.
(c) Review of Sentencing Guidelines- Pursuant to section 994 of title 28,
United States Code, the United States Sentencing Commission shall review
the Federal Sentencing Guidelines to determine whether sentencing enhancement
is appropriate for any offense under section 659 or 2311 of title 18, United
States Code, as amended by this title.
(d) Annual Report of Law Enforcement Activities- The Attorney General shall
annually submit to Congress a report, which shall include an evaluation
of law enforcement activities relating to the investigation and prosecution
of offenses under section 659 of title 18, United States Code, as amended
by this title.
(e) Reporting of Cargo Theft- The Attorney General shall take the steps
necessary to ensure that reports of cargo theft collected by Federal, State,
and local officials are reflected as a separate category in the Uniform
Crime Reporting System, or any successor system, by no later than December
31, 2006.
SEC. 308. STOWAWAYS ON VESSELS OR AIRCRAFT.
Section 2199 of title 18, United States Code, is amended by striking `Shall
be fined under this title or imprisoned not more than one year, or both.'
and inserting the following:
`(1) shall be fined under this title, imprisoned not more than 5 years,
or both;
`(2) if the person commits an act proscribed by this section, with the
intent to commit serious bodily injury, and serious bodily injury occurs
(as defined under section 1365, including any conduct that, if the conduct
occurred in the special maritime and territorial jurisdiction of the United
States, would violate section 2241 or 2242) to any person other than a
participant as a result of a violation of this section, shall be fined
under this title or imprisoned not more than 20 years, or both; and
`(3) if an individual commits an act proscribed by this section, with
the intent to cause death, and if the death of any person other than a
participant occurs as a result of a violation of this section, shall be
fined under this title, imprisoned for any number of years or for life,
or both.'.
SEC. 309. BRIBERY AFFECTING PORT SECURITY.
(a) In General- Chapter 11 of title 18, United States Code, is amended by
adding at the end the following:
`Sec. 226. Bribery affecting port security
`(a) In General- Whoever knowingly--
`(1) directly or indirectly, corruptly gives, offers, or promises anything
of value to any public or private person, with intent to commit international
terrorism or domestic terrorism (as those terms are defined under section
2331), to--
`(A) influence any action or any person to commit or aid in committing,
or collude in, or allow, any fraud, or make opportunity for the commission
of any fraud affecting any secure or restricted area or seaport; or
`(B) induce any official or person to do or omit to do any act in violation
of the lawful duty of such official or person that affects any secure
or restricted area or seaport; or
`(2) directly or indirectly, corruptly demands, seeks, receives, accepts,
or agrees to receive or accept anything of value personally or for any
other person or entity in return for--
`(A) being influenced in the performance of any official act affecting
any secure or restricted area or seaport; and
`(B) knowing that such influence will be used to commit, or plan to
commit, international or domestic terrorism,
shall be fined under this title or imprisoned not more than 15 years, or
both.
`(b) Definition- In this section, the term `secure or restricted area' means
an area of a vessel or facility designated as secure in an approved security
plan, as required under section 70103 of title 46, United States Code, and
the rules and regulations promulgated under that section.'.
(b) Conforming Amendment- The table of sections for chapter 11 of title
18, United States Code, is amended by adding at the end the following:
`226. Bribery affecting port security.'.
SEC. 310. PENALTIES FOR SMUGGLING GOODS INTO THE UNITED STATES.
The third undesignated paragraph of section 545 of title 18, United States
Code, is amended by striking `5 years' and inserting `20 years'.
SEC. 311. SMUGGLING GOODS FROM THE UNITED STATES.
(a) In General- Chapter 27 of title 18, United States Code, is amended by
adding at the end the following:
`Sec. 554. Smuggling goods from the United States
`(a) In General- Whoever fraudulently or knowingly exports or sends from
the United States, or attempts to export or send from the United States,
any merchandise, article, or object contrary to any law or regulation of
the United States, or receives, conceals, buys, sells, or in any manner
facilitates the transportation, concealment, or sale of such merchandise,
article or object, prior to exportation, knowing the same to be intended
for exportation contrary to any law or regulation of the United States,
shall be fined under this title, imprisoned not more than 10 years, or both.
`(b) Definition- In this section, the term `United States' has the meaning
given that term in section 545.'.
(b) Conforming Amendment- The chapter analysis for chapter 27 of title 18,
United States Code, is amended by adding at the end the following:
`554. Smuggling goods from the United States.'.
(c) Specified Unlawful Activity- Section 1956(c)(7)(D) of title 18, United
States Code, is amended by inserting `section 554 (relating to smuggling
goods from the United States),' before `section 641 (relating to public
money, property, or records),'.
(d) Tariff Act of 1990- Section 596 of the Tariff Act of 1930 (19 U.S.C.
1595a) is amended by adding at the end the following:
`(d) Merchandise exported or sent from the United States or attempted to
be exported or sent from the United States contrary to law, or the proceeds
or value thereof, and property used to facilitate the exporting or sending
of such merchandise, the attempted exporting or sending of such merchandise,
or the receipt, purchase, transportation, concealment, or sale of such merchandise
prior to exportation shall be seized and forfeited to the United States.'.
(e) Removing Goods From Customs Custody- Section 549 of title 18, United
States Code, is amended in the 5th paragraph by striking `two years' and
inserting `10 years'.
TITLE IV--COMBATING TERRORISM FINANCING
SEC. 401. SHORT TITLE.
This title may be cited as the `Combating Terrorism Financing Act of 2005'.
SEC. 402. INCREASED PENALTIES FOR TERRORISM FINANCING.
Section 206 of the International Emergency Economic Powers Act (50 U.S.C.
1705) is amended--
(1) in subsection (a), by deleting `$10,000' and inserting `$50,000';
and
(2) in subsection (b), by deleting `ten years' and inserting `twenty years'.
SEC. 403. TERRORISM-RELATED SPECIFIED ACTIVITIES FOR MONEY LAUNDERING.
(a) Amendments to RICO- Section 1961(1) of title 18, United States Code,
is amended in subparagraph (B), by inserting `section 1960 (relating to
illegal money transmitters),' before `sections 2251'.
(b) Amendment to Section 1956(c)(7)- Section 1956(c)(7)(D) of title 18,
United States Code, is amended by striking `or any felony violation of the
Foreign Corrupt Practices Act' and inserting `any felony violation of the
Foreign Corrupt Practices Act'.
(c) Conforming Amendments to Sections 1956(e) and 1957(e)-
(1) Section 1956(e) of title 18, United States Code, is amended to read
as follows:
`(e) Violations of this section may be investigated by such components of
the Department of Justice as the Attorney General may direct, and by such
components of the Department of the Treasury as the Secretary of the Treasury
may direct, as appropriate, and, with respect to offenses over which the
Department of Homeland Security has jurisdiction, by such components of
the Department of Homeland Security as the Secretary of Homeland Security
may direct, and, with respect to offenses over which the United States Postal
Service has jurisdiction, by the Postal Service. Such authority of the Secretary
of the Treasury, the Secretary of Homeland Security, and the Postal Service
shall be exercised in accordance with an agreement which shall be entered
into by the Secretary of the Treasury, the Secretary of Homeland Security,
the Postal Service, and the Attorney General. Violations of this section
involving offenses described in paragraph (c)(7)(E) may be investigated
by such components of the Department of Justice as the Attorney General
may direct, and the National Enforcement Investigations Center of the Environmental
Protection Agency.'.
(2) Section 1957(e) of title 18, United States Code, is amended to read
as follows:
`(e) Violations of this section may be investigated by such components of
the Department of Justice as the Attorney General may direct, and by such
components of the Department of the Treasury as the Secretary of the Treasury
may direct, as appropriate, and, with respect to offenses over which the
Department of Homeland Security has jurisdiction, by such components of
the Department of Homeland Security as the Secretary of Homeland Security
may direct, and, with respect to offenses over which the United States Postal
Service has jurisdiction, by the Postal Service. Such authority of the Secretary
of the Treasury, the Secretary of Homeland Security, and the Postal Service
shall be exercised in accordance with an agreement which shall be entered
into by the Secretary of the Treasury, the Secretary of Homeland Security,
the Postal Service, and the Attorney General.'.
SEC. 404. ASSETS OF PERSONS COMMITTING TERRORIST ACTS AGAINST FOREIGN
COUNTRIES OR INTERNATIONAL ORGANIZATIONS.
Section 981(a)(1)(G) of title 18, United States Code, is amended--
(1) by striking `or' at the end of clause (ii);
(2) by striking the period at the end of clause (iii) and inserting `;
or'; and
(3) by inserting the following after clause (iii):
`(iv) of any individual, entity, or organization engaged in planning
or perpetrating any act of international terrorism (as defined in
section 2331) against any international organization (as defined in
section 209 of the State Department Basic Authorities Act of 1956
(22 U.S.C. 4309(b)) or against any foreign Government. Where the property
sought for forfeiture is located beyond the territorial boundaries
of the United States, an act in furtherance of such planning or perpetration
must have occurred within the jurisdiction of the United States.'.
SEC. 405. MONEY LAUNDERING THROUGH HAWALAS.
Section 1956(a)(1) of title 18, United States Code, is amended by adding
at the end the following: `For purposes of this paragraph, a financial transaction
shall be considered to be one involving the proceeds of specified unlawful
activity if it is part of a set of parallel or dependent transactions, any
one of which involves the proceeds of specified unlawful activity, and all
of which are part of a single plan or arrangement.'.
SEC. 406. TECHNICAL AND CONFORMING AMENDMENTS RELATING TO THE USA PATRIOT
ACT.
(a) Technical Corrections-
(1) Section 322 of Public Law 107-56 is amended by striking `title 18'
and inserting `title 28'.
(2) Section 1956(b)(3) and (4) of title 18, United States Code, are amended
by striking `described in paragraph (2)' each time it appears; and
(3) Section 981(k) of title 18, United States Code, is amended by striking
`foreign bank' each time it appears and inserting `foreign financial institution
(as defined in section 984(c)(2)(A) of this title)'.
(b) Codification of Section 316 of the USA PATRIOT Act-
(1) Chapter 46 of title 18, United States Code, is amended--
(A) in the chapter analysis, by inserting at the end the following:
`987. Anti-terrorist forfeiture protection.';
(B) by inserting at the end the following:
`Sec. 987. Anti-terrorist forfeiture protection
`(a) Right to Contest- An owner of property that is confiscated under any
provision of law relating to the confiscation of assets of suspected international
terrorists, may contest that confiscation by filing a claim in the manner
set forth in the Federal Rules of Civil Procedure (Supplemental Rules for
Certain Admiralty and Maritime Claims), and asserting as an affirmative
defense that--
`(1) the property is not subject to confiscation under such provision
of law; or
`(2) the innocent owner provisions of section 983(d) of title 18, United
States Code, apply to the case.
`(b) Evidence- In considering a claim filed under this section, a court
may admit evidence that is otherwise inadmissible under the Federal Rules
of Evidence, if the court determines that the evidence is reliable, and
that compliance with the Federal Rules of Evidence may jeopardize the national
security interests of the United States.
`(1) PROTECTION OF RIGHTS- The exclusion of certain provisions of Federal
law from the definition of the term `civil forfeiture statute' in section
983(i) of title 18, United States Code, shall not be construed to deny
an owner of property the right to contest the confiscation of assets of
suspected international terrorists under--
`(A) subsection (a) of this section;
`(B) the Constitution; or
`(C) subchapter II of chapter 5 of title 5, United States Code (commonly
known as the `Administrative Procedure Act').
`(2) SAVINGS CLAUSE- Nothing in this section shall limit or otherwise
affect any other remedies that may be available to an owner of property
under section 983 of title 18, United States Code, or any other provision
of law.'.
(2) Subsections (a), (b), and (c) of section 316 of Public Law 107-56
are repealed.
(c) Conforming Amendments Concerning Conspiracies-
(1) Section 33(a) of title 18, United States Code is amended by inserting
`or conspires' before `to do any of the aforesaid acts'.
(2) Section 1366(a) of title 18, United States Code, is amended--
(A) by striking `attempts' each time it appears and inserting `attempts
or conspires'; and
(B) by inserting `, or if the object of the conspiracy had been achieved,'
after `the attempted offense had been completed'.
SEC. 407. CROSS REFERENCE CORRECTION.
Section 5318(n)(4)(A) of title 31, United States Code, is amended by striking
`National Intelligence Reform Act of 2004' and inserting `Intelligence Reform
and Terrorism Prevention Act of 2004'.
SEC. 408. AMENDMENT TO AMENDATORY LANGUAGE.
Section 6604 of the Intelligence Reform and Terrorism Prevention Act of
2004 is amended (effective on the date of the enactment of that Act)--
(1) by striking `Section 2339c(c)(2)' and inserting `Section 2339C(c)(2)';
and
(2) by striking `Section 2339c(e)' and inserting `Section 2339C(e)'.
SEC. 409. DESIGNATION OF ADDITIONAL MONEY LAUNDERING PREDICATE.
Section 1956(c)(7)(D) of title 18, United States Code, is amended--
(1) by inserting `, section 2339C (relating to financing of terrorism),
or section 2339D (relating to receiving military-type training from a
foreign terrorist organization)' after `section 2339A or 2339B (relating
to providing material support to terrorists)'; and
(2) by striking `or' before `section 2339A or 2339B'.
SEC. 410. UNIFORM PROCEDURES FOR CRIMINAL FORFEITURE.
Section 2461(c) of title 28, United States Code, is amended to read as follows:
`(c) If a person is charged in a criminal case with a violation of an Act
of Congress for which the civil or criminal forfeiture of property is authorized,
the Government may include notice of the forfeiture in the indictment or
information pursuant to the Federal Rules of Criminal Procedure. If the
defendant is convicted of the offense giving rise to the forfeiture, the
court shall order the forfeiture of the property as part of the sentence
in the criminal case pursuant to to the Federal Rules of Criminal Procedure
and section 3554 of title 18, United States Code. The procedures in section
413 of the Controlled Substances Act (21 U.S.C. 853) apply to all stages
of a criminal forfeiture proceeding, except that subsection (d) of such
section applies only in cases in which the defendant is convicted of a violation
of such Act.'.
TITLE V--MISCELLANEOUS PROVISIONS
SEC. 501. RESIDENCE OF UNITED STATES ATTORNEYS AND ASSISTANT UNITED STATES
ATTORNEYS.
(a) In General- Subsection (a) of section 545 of title 28, United States
Code, is amended by adding at the end the following new sentence: `Pursuant
to an order from the Attorney General or his designee, a United States attorney
or an assistant United States attorney may be assigned dual or additional
responsibilities that exempt such officer from the residency requirement
in this subsection for a specific period as established by the order and
subject to renewal.'.
(b) Effective Date- The amendment made by subsection (a) shall take effect
as of February 1, 2005.
SEC. 502. INTERIM APPOINTMENT OF UNITED STATES ATTORNEYS.
Section 546 of title 28, United States Code, is amended by striking subsections
(c) and (d) and inserting the following new subsection:
`(c) A person appointed as United States attorney under this section may
serve until the qualification of a United States Attorney for such district
appointed by the President under section 541 of this title.'.
SEC. 503. SECRETARY OF HOMELAND SECURITY IN PRESIDENTIAL LINE OF SUCCESSION.
Section 19(d)(1) of title 3, United States Code, is amended by inserting
`, Secretary of Homeland Security' after `Secretary of Veterans Affairs'.
SEC. 504. BUREAU OF ALCOHOL, TOBACCO AND FIREARMS TO THE DEPARTMENT OF
JUSTICE.
The second sentence of section 1111(a)(2) of the Homeland Security Act of
2002 (6 U.S.C. 531(a)(2)) is amended by striking `Attorney General' the
first place it appears and inserting `President, by and with the advice
and consent of the Senate'.
SEC. 505. QUALIFICATIONS OF UNITED STATES MARSHALS.
Section 561 of title 28, United States Code, is amended by adding at the
end the following new subsection:
`(i) Each marshal appointed under this section should have--
`(1) a minimum of 4 years of command-level law enforcement management
duties, including personnel, budget, and accountable property issues,
in a police department, sheriff's office or Federal law enforcement agency;
`(2) experience in coordinating with other law enforcement agencies, particularly
at the State and local level;
`(3) college-level academic experience; and
`(4) experience in or with county, State, and Federal court systems or
experience with protection of court personnel, jurors, and witnesses.'.
SEC. 506. DEPARTMENT OF JUSTICE INTELLIGENCE MATTERS.
(a) Assistant Attorney General for National Security-
(1) IN GENERAL- Chapter 31 of title 28, United States Code, is amended
by inserting after section 507 the following new section:
`Sec. 507A. Assistant Attorney General for National Security
`(a) Of the Assistant Attorneys General appointed under section 506, one
shall serve, upon the designation of the President, as the Assistant Attorney
General for National Security.
`(b) The Assistant Attorney General for National Security shall--
`(1) serve as the head of the National Security Division of the Department
of Justice under section 509A of this title;
`(2) serve as primary liaison to the Director of National Intelligence
for the Department of Justice; and
`(3) perform such other duties as the Attorney General may prescribe.'.
(2) ADDITIONAL ASSISTANT ATTORNEY GENERAL- Section 506 of title 28, United
States Code, is amended by striking `ten' and inserting `11'.
(3) EXECUTIVE SCHEDULE MATTERS- Section 5315 of title 5, United States
Code, is amended by striking the matter relating to Assistant Attorneys
General and inserting the following:
`Assistant Attorneys General (11).'.
(4) CONSULTATION OF DIRECTOR OF NATIONAL INTELLIGENCE IN APPOINTMENT-
Section 106(c)(2) of the National Security Act of 1947 (50 U.S.C. 403-6(c)(2))
is amended by adding at the end the following new subparagraph:
`(C) The Assistant Attorney General designated as the Assistant Attorney
General for National Security under section 507A of title 28, United States
Code.'.
(5) AUTHORITY TO ACT FOR ATTORNEY GENERAL UNDER FOREIGN INTELLIGENCE SURVEILLANCE
ACT OF 1978- Section 101(g) of the Foreign Intelligence Surveillance Act
of 1978 (50 U.S.C. 1801(g)) is amended by striking `or the Deputy Attorney
General' and inserting `, the Deputy Attorney General, or, upon the designation
of the Attorney General, the Assistant Attorney General designated as
the Assistant Attorney General for National Security under section 507A
of title 28, United States Code'.
(6) AUTHORIZATION FOR INTERCEPTION OF COMMUNICATIONS- Section 2516(1)
of title 18, United States Code, is amended by inserting `or National
Security Division' after `the Criminal Division'.
(7) AUTHORITY TO ACT FOR ATTORNEY GENERAL IN MATTERS INVOLVING WITNESS
RELOCATION OR PROTECTION- Section 3521(d)(3) of title 18, United States
Code, is amended by striking `to the Assistant Attorney General in charge
of the Criminal Division of the Department of Justice' and inserting `to
any Assistant Attorney General in charge of the Criminal Division or National
Security Division of the Department of Justice'.
(8) PROSECUTION OF CASES INVOLVING CLASSIFIED INFORMATION- Section 9A(a)
of the Classified Information Procedures Act (18 U.S.C. App.) is amended
by inserting `or the Assistant Attorney General for National Security,
as appropriate,' after `Assistant Attorney General for the Criminal Division'.
(9) INTELLIGENCE AND NATIONAL SECURITY ASPECTS OF ESPIONAGE PROSECUTION-
Section 341(b) of the Intelligence Authorization Act for Fiscal Year 2004
(28 U.S.C. 519 note) is amended by striking `acting through the Office
of Intelligence Policy and Review of the Department of Justice' and inserting
`acting through the Assistant Attorney General for National Security'.
(10) CERTIFICATIONS FOR CERTAIN UNDERCOVER FOREIGN INTELLIGENCE AND COUNTERINTELLIGENCE
INVESTIGATIVE OPERATIONS- Section 102(b)(1) of Public Law 102-395 (28
U.S.C. 533 note) is amended by striking `Counsel for Intelligence Policy'
and inserting `Assistant Attorney General for National Security'.
(11) INCLUSION IN FEDERAL LAW ENFORCEMENT COMMUNITY FOR EMERGENCY FEDERAL
LAW ENFORCEMENTS ASSISTANCE PURPOSES- Section 609N(2) of the Justice Assistance
Act of 1984 (42 U.S.C. 10502(2)) is amended--
(A) by redesignating subparagraphs (L) and (M) as subparagraphs (M)
and (N), respectively; and
(B) by inserting after subparagraph (K) the following new subparagraph
(L):
`(L) the National Security Division of the Department of Justice,'.
(b) National Security Division of Department of Justice-
(1) IN GENERAL- Chapter 31 of title 28, United States Code, is further
amended by inserting after section 509 the following new section:
`Sec. 509A. National Security Division
`(a) There is a National Security Division of the Department of Justice.
`(b) The National Security Division shall consist of the elements of the
Department of Justice (other than the Federal Bureau of Investigation) engaged
primarily in support of the intelligence and intelligence-related activities
of the United States Government, including the following:
`(1) The Assistant Attorney General designated as the Assistant Attorney
General for National Security under section 507A of this title.
`(2) The Office of Intelligence Policy and Review (or any successor organization).
`(3) The counterterrorism section (or any successor organization).
`(4) The counterespionage section (or any successor organization).
`(5) Any other element, component, or office designated by the Attorney
General.'.
(2) PROHIBITION ON POLITICAL ACTIVITY- Section 7323(b)(3) of title 5,
United States Code, is amended by inserting `or National Security Division'
after `Criminal Division'.
(c) Clerical Amendments- The table of sections at the beginning of chapter
31 of title 28, United States Code, is amended--
(1) by inserting after the item relating to section 507 the following
new item:
`507A. Assistant Attorney General for National Security.';
(2) by inserting after the item relating to section 509 the following
new item:
`509A. National Security Division.'.
(d) Procedures for Confirmation of the Assistant Attorney General for National
Security- (1) Section 17 of Senate Resolution 400 (94th Congress) is amended--
(A) in subsection (a), by striking `(a) The' and inserting `(a)(1) Except
as otherwise provided in subsection (b), the';
(B) in subsection (b), by striking `(b)' and inserting `(2)'; and
(C) by inserting after subsection (a) the following new subsection:
`(b)(1) With respect to the confirmation of the Assistant Attorney General
for National Security, or any successor position, the nomination of any
individual by the President to serve in such position shall be referred
to the Committee on the Judiciary and, if and when reported, to the select
Committee for not to exceed 20 calendar days, except that in cases when
the 20-day period expires while the Senate is in recess, the select Committee
shall have 5 additional calendar days after the Senate reconvenes to report
the nomination.
`(2) If, upon the expiration of the period described in paragraph (1), the
select Committee has not reported the nomination, such nomination shall
be automatically discharged from the select Committee and placed on the
Executive Calendar.'.
(2) Paragraph (1) is enacted--
(A) as an exercise of the rulemaking power of the Senate; and
(B) with full recognition of the constitutional right of the Senate to
change the rules of the Senate at any time and to the same extent as in
the case of any other rule of the Senate.
SEC. 507. REVIEW BY ATTORNEY GENERAL.
(a) Applicability- Section 2261 of title 28, United States Code, is amended
by striking subsection (b) and inserting the following:
`(b) Counsel- This chapter is applicable if--
`(1) the Attorney General of the United States certifies that a State
has established a mechanism for providing counsel in postconviction proceedings
as provided in section 2265; and
`(2) counsel was appointed pursuant to that mechanism, petitioner validly
waived counsel, petitioner retained counsel, or petitioner was found not
to be indigent.'.
(b) Scope of Prior Representation- Section 2261(d) of title 28, United States
Code is amended by striking `or on direct appeal'.
(c) Certification and Judicial Review-
(1) IN GENERAL- Chapter 154 of title 28, United States Code, is amended
by striking section 2265 and inserting the following:
`Sec. 2265. Certification and judicial review
`(1) IN GENERAL- If requested by an appropriate State official, the Attorney
General of the United States shall determine--
`(A) whether the State has established a mechanism for the appointment,
compensation, and payment of reasonable litigation expenses of competent
counsel in State postconviction proceedings brought by indigent prisoners
who have been sentenced to death;
`(B) the date on which the mechanism described in subparagraph (A) was
established; and
`(C) whether the State provides standards of competency for the appointment
of counsel in proceedings described in subparagraph (A).
`(2) EFFECTIVE DATE- The date the mechanism described in paragraph (1)(A)
was established shall be the effective date of the certification under
this subsection.
`(3) ONLY EXPRESS REQUIREMENTS- There are no requirements for certification
or for application of this chapter other than those expressly stated in
this chapter.
`(b) Regulations- The Attorney General shall promulgate regulations to implement
the certification procedure under subsection (a).
`(c) Review of Certification-
`(1) IN GENERAL- The determination by the Attorney General regarding whether
to certify a State under this section is subject to review exclusively
as provided under chapter 158 of this title.
`(2) VENUE- The Court of Appeals for the District of Columbia Circuit
shall have exclusive jurisdiction over matters under paragraph (1), subject
to review by the Supreme Court under section 2350 of this title.
`(3) STANDARD OF REVIEW- The determination by the Attorney General regarding
whether to certify a State under this section shall be subject to de novo
review.'.
(2) CLERICAL AMENDMENT- The table of sections for chapter 154 of title
28, United States Code, is amended by striking the item related to section
2265 and inserting the following:
`2265. Certification and judicial review.'.
(d) Application to Pending Cases-
(1) IN GENERAL- This section and the amendments made by this section shall
apply to cases pending on or after the date of enactment of this Act.
(2) TIME LIMITS- In a case pending on the date of enactment of this Act,
if the amendments made by this section establish a time limit for taking
certain action, the period of which began on the date of an event that
occurred prior to the date of enactment of this Act, the period of such
time limit shall instead begin on the date of enactment of this Act.
(e) Time Limits- Section 2266(b)(1)(A) of title 28, United States Code,
is amended by striking `180 days after the date on which the application
is filed' and inserting `450 days after the date on which the application
is filed, or 60 days after the date on which the case is submitted for decision,
whichever is earlier'.
(f) Stay of State Court Proceedings- Section 2251 of title 28, United States
Code, is amended--
(1) in the first undesignated paragraph, by striking `A justice' and inserting
the following:
`(1) PENDING MATTERS- A justice';
(2) in the second undesignated paragraph, by striking `After the' and
inserting the following:
`(b) No Further Proceedings- After the'; and
(3) in subsection (a), as so designated by paragraph (1), by adding at
the end the following:
`(2) MATTER NOT PENDING- For purposes of this section, a habeas corpus
proceeding is not pending until the application is filed.
`(3) APPLICATION FOR APPOINTMENT OF COUNSEL- If a State prisoner sentenced
to death applies for appointment of counsel pursuant to section 3599(a)(2)
of title 18 in a court that would have jurisdiction to entertain a habeas
corpus application regarding that sentence, that court may stay execution
of the sentence of death, but such stay shall terminate not later than
90 days after counsel is appointed or the application for appointment
of counsel is withdrawn or denied.'.
TITLE VI--SECRET SERVICE
SEC. 601. SHORT TITLE.
This title may be cited as the `Secret Service Authorization and Technical
Modification Act of 2005'.
SEC. 602. INTERFERENCE WITH NATIONAL SPECIAL SECURITY EVENTS.
(a) In General- Section 1752 of title 18, United States Code, is amended--
(A) by amending paragraph (1) to read as follows:
`(1) willfully and knowingly to enter or remain in any posted, cordoned
off, or otherwise restricted area of a building or grounds where the President
or other person protected by the Secret Service is or will be temporarily
visiting;';
(B) by redesignating paragraphs (2), (3), and (4) as paragraphs (3),
(4), and (5), respectively;
(C) by inserting after paragraph (1) the following new paragraph:
`(2) willfully and knowingly to enter or remain in any posted, cordoned
off, or otherwise restricted area of a building or grounds so restricted
in conjunction with an event designated as a special event of national
significance;';
(D) in paragraph (3), as redesignated by subparagraph (B)--
(i) by inserting `willfully, knowingly, and' before `with intent to
impede or disrupt';
(ii) by striking `designated' and inserting `described'; and
(iii) by inserting `or (2)' after `paragraph (1)';
(E) in paragraph (4), as redesignated by subparagraph (B)--
(i) by striking `designated or enumerated' and inserting `described';
and
(ii) by inserting `or (2)' after `paragraph (1)'; and
(F) in paragraph (5), as redesignated by subparagraph (B)--
(i) by striking `designated or enumerated' and inserting `described';
and
(ii) by inserting `or (2)' after `paragraph (1)';
(2) by amending subsection (b) to read as follows:
`(b) Violation of this section, and attempts or conspiracies to commit such
violations, shall be punishable by--
`(1) a fine under this title or imprisonment for not more than 10 years,
or both, if--
`(A) the person, during and in relation to the offense, uses or carries
a deadly or dangerous weapon or firearm; or
`(B) the offense results in significant bodily injury as defined by
section 2118(e)(3); and
`(2) a fine under this title or imprisonment for not more than one year,
or both, in any other case.'; and
(3) by striking subsection (d) and redesignating subsections (e) and (f)
as subsections (d) and (e), respectively.
(b) Clerical Amendment- (1) The heading of such section is amended to read
as follows:
`Sec. 1752. Restricted building or grounds'.
(2) The item relating to such section in the table of sections at the beginning
of chapter 84 of such title is amended to read as follows:
`1752. Restricted building or grounds.'.
SEC. 603. FALSE CREDENTIALS TO NATIONAL SPECIAL SECURITY EVENTS.
Section 1028 of title 18, United States Code, is amended--
(1) in subsection (a)(6), by inserting `or a sponsoring entity of an event
designated as a special event of national significance' after `States';
(2) in subsection (c)(1), by inserting `or a sponsoring entity of an event
designated as a special event of national significance' after `States';
(3) in subsection (d)(3), by inserting `a sponsoring entity of an event
designated as a special event of national significance,' after `political
subdivision of a State,'; and
(4) in each of subsections (d)(4)(B) and (d)(6)(B), by inserting `a sponsoring
entity of an event designated by the President as a special event of national
significance,' after `political subdivision of a State,'.
SEC. 604. FORENSIC AND INVESTIGATIVE SUPPORT OF MISSING AND EXPLOITED
CHILDREN CASES.
Section 3056(f) of title 18, United States Code, is amended by striking
`officers and agents of the Secret Service are' and inserting `the Secret
Service is'.
SEC. 605. THE UNIFORMED DIVISION, UNITED STATES SECRET SERVICE.
(a) In General- Chapter 203 of title 18, United States Code, is amended
by inserting after section 3056 the following:
`Sec. 3056A. Powers, authorities, and duties of United States Secret Service
Uniformed Division
`(a) There is hereby created and established a permanent police force, to
be known as the `United States Secret Service Uniformed Division'. Subject
to the supervision of the Secretary of Homeland Security, the United States
Secret Service Uniformed Division shall perform such duties as the Director,
United States Secret Service, may prescribe in connection with the protection
of the following:
`(1) The White House in the District of Columbia.
`(2) Any building in which Presidential offices are located.
`(3) The Treasury Building and grounds.
`(4) The President, the Vice President (or other officer next in the order
of succession to the Office of President), the President-elect, the Vice
President-elect, and their immediate families.
`(5) Foreign diplomatic missions located in the metropolitan area of the
District of Columbia.
`(6) The temporary official residence of the Vice President and grounds
in the District of Columbia.
`(7) Foreign diplomatic missions located in metropolitan areas (other
than the District of Columbia) in the United States where there are located
twenty or more such missions headed by full-time officers, except that
such protection shall be provided only--
`(A) on the basis of extraordinary protective need;
`(B) upon request of an affected metropolitan area; and
`(C) when the extraordinary protective need arises at or in association
with a visit to--
`(i) a permanent mission to, or an observer mission invited to participate
in the work of, an international organization of which the United
States is a member; or
`(ii) an international organization of which the United States is
a member;
except that such protection may also be provided for motorcades and
at other places associated with any such visit and may be extended at
places of temporary domicile in connection with any such visit.
`(8) Foreign consular and diplomatic missions located in such areas in
the United States, its territories and possessions, as the President,
on a case-by-case basis, may direct.
`(9) Visits of foreign government officials to metropolitan areas (other
than the District of Columbia) where there are located twenty or more
consular or diplomatic missions staffed by accredited personnel, including
protection for motorcades and at other places associated with such visits
when such officials are in the United States to conduct official business
with the United States Government.
`(10) Former Presidents and their spouses, as provided in section 3056(a)(3)
of title 18.
`(11) An event designated under section 3056(e) of title 18 as a special
event of national significance.
`(12) Major Presidential and Vice Presidential candidates and, within
120 days of the general Presidential election, the spouses of such candidates,
as provided in section 3056(a)(7) of title 18.
`(13) Visiting heads of foreign states or foreign governments.
`(b)(1) Under the direction of the Director of the Secret Service, members
of the United States Secret Service Uniformed Division are authorized to--
`(B) make arrests without warrant for any offense against the United States
committed in their presence, or for any felony cognizable under the laws
of the United States if they have reasonable grounds to believe that the
person to be arrested has committed or is committing such felony; and
`(C) perform such other functions and duties as are authorized by law.
`(2) Members of the United States Secret Service Uniformed Division shall
possess privileges and powers similar to those of the members of the Metropolitan
Police of the District of Columbia.
`(c) Members of the United States Secret Service Uniformed Division shall
be furnished with uniforms and other necessary equipment.
`(d) In carrying out the functions pursuant to paragraphs (7) and (9) of
subsection (a), the Secretary of Homeland Security may utilize, with their
consent, on a reimbursable basis, the services, personnel, equipment, and
facilities of State and local governments, and is authorized to reimburse
such State and local governments for the utilization of such services, personnel,
equipment, and facilities. The Secretary of Homeland Security may carry
out the functions pursuant to paragraphs (7) and (9) of subsection (a) by
contract. The authority of this subsection may be transferred by the President
to the Secretary of State. In carrying out any duty under paragraphs (7)
and (9) of subsection (a), the Secretary of State is authorized to utilize
any authority available to the Secretary under title II of the State Department
Basic Authorities Act of 1956.'.
(b) Amendment to Table of Sections- The table of sections at the beginning
of chapter 203 of title 18, United States Code, is amended by inserting
after the item relating to section 3056 the following new item:
`3056A. Powers, authorities, and duties of United States Secret Service
Uniformed Division.'.
(c) Conforming Repeal to Effectuate Transfer- Chapter 3 of title 3, United
States Code, is repealed.
(d) Conforming Amendments to Laws Affecting District of Columbia- (1) Section
1537(d) of title 31, United States Code, is amended--
(A) by striking `and the Executive Protective Service' and inserting `and
the Secret Service Uniformed Division'; and
(B) by striking `their protective duties' and all that follows and inserting
`their protective duties under sections 3056 and 3056A of title 18.'.
(2) Section 204(e) of the State Department Basic Authorities Act (sec. 6-1304(e),
D.C. Official Code) is amended by striking `section 202 of title 3, United
States Code, or section 3056' and inserting `sections 3056 or 3056A'.
(3) Section 214(a) of the State Department Basic Authorities Act (sec. 6-1313(a),
D.C. Official Code) is amended by striking `sections 202(8) and 208 of title
3' and inserting `section 3056A(a)(7) and (d) of title 18'.
(e) Additional Conforming Amendments-
(1) Title 12, United States Code, section 3414, `Special procedures',
is amended by striking `3 U.S.C. 202' in subsection (a)(1)(B) and inserting
`18 U.S.C. 3056A'.
(2) The State Department Basic Authorities Act of 1956 is amended--
(A) in the first sentence of section 37(c) (22 U.S.C. 2709(c)), by striking
`section 202 of title 3, United States Code, or section 3056 of title
18, United States Code' and inserting `section 3056 or 3056A of title
18, United States Code';
(B) in section 204(e) (22 U.S.C. 4304(e)), by striking `section 202
of title 3, United States Code, or section 3056 of title 18, United
States Code' and inserting `section 3056 or 3056A of title 18, United
States Code'; and
(C) in section 214(a) (22 U.S.C. 4314(a)), by striking `sections 202(7)
and 208 of title 3, United States Code' and inserting `subsections (a)(7)
and (d) of section 3056A of title 18, United States Code'.
(3) Section 8D(a)(1)(F) of the Inspector General Act of 1978 (5 U.S.C.
App.) is amended by striking `section 202 of title 3' and inserting `section
3056A of title 18'.
(4) Section 8I(a)(1)(E) of the Inspector General Act of 1978 (5 U.S.C.
App.) is amended by striking `section 202 of title 3' and inserting `section
3056A of title 18'.
SEC. 606. SAVINGS PROVISIONS.
(a) This title does not affect the retirement benefits of current employees
or annuitants that existed on the day before the effective date of this
Act.
(b) This title does not affect any Executive order transferring to the Secretary
of State the authority of section 208 of title 3 (now section 3056A(d) of
title 18) in effect on the day before the effective date of this Act.
SEC. 607. MAINTENANCE AS DISTINCT ENTITY.
Section 3056 of title 18 is amended by adding the following at the end of
the section:
`(g) The United States Secret Service shall be maintained as a distinct
entity within the Department of Homeland Security and shall not be merged
with any other Department function. No personnel and operational elements
of the United States Secret Service shall report to an individual other
than the Director of the United States Secret Service, who shall report
directly to the Secretary of Homeland Security without being required to
report through any other official of the Department.'.
SEC. 608. EXEMPTIONS FROM THE FEDERAL ADVISORY COMMITTEE ACT.
(a) Advisory Committee Regarding Protection of Major Presidential and Vice
Presidential Candidates- Section 3056(a)(7) of title 18, United States Code,
is amended by inserting `The Committee shall not be subject to the Federal
Advisory Committee Act (5 U.S.C. App. 2).' after `other members of the Committee.'.
(b) Electronic Crimes Task Forces- Section 105 of Public Law 107-56 (18
U.S.C. 3056 note) is amended by inserting `The electronic crimes task forces
shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.
2).' after `financial payment systems.'.
TITLE VII--COMBAT METHAMPHETAMINE EPIDEMIC ACT OF 2005
SEC. 701. SHORT TITLE.
This title may be cited as the `Combat Methamphetamine Epidemic Act of 2005'.
Subtitle A--Domestic Regulation of Precursor Chemicals
SEC. 711. SCHEDULED LISTED CHEMICAL PRODUCTS; RESTRICTIONS ON SALES QUANTITY,
BEHIND-THE-COUNTER ACCESS, AND OTHER SAFEGUARDS.
(a) Scheduled Listed Chemical Products-
(1) IN GENERAL- Section 102 of the Controlled Substances Act (21 U.S.C.
802) is amended--
(A) by redesignating paragraph (46) as paragraph (49); and
(B) by inserting after paragraph (44) the following paragraphs:
`(45)(A) The term `scheduled listed chemical product' means, subject to
subparagraph (B), a product that--
`(i) contains ephedrine, pseudoephedrine, or phenylpropanolamine; and
`(ii) may be marketed or distributed lawfully in the United States under
the Federal, Food, Drug, and Cosmetic Act as a nonprescription drug.
Each reference in clause (i) to ephedrine, pseudoephedrine, or phenylpropanolamine
includes each of the salts, optical isomers, and salts of optical isomers
of such chemical.
`(B) Such term does not include a product described in subparagraph (A)
if the product contains a chemical specified in such subparagraph that the
Attorney General has under section 201(a) added to any of the schedules
under section 202(c). In the absence of such scheduling by the Attorney
General, a chemical specified in such subparagraph may not be considered
to be a controlled substance.
`(46) The term `regulated seller' means a retail distributor (including
a pharmacy or a mobile retail vendor), except that such term does not include
an employee or agent of such distributor.
`(47) The term `mobile retail vendor' means a person or entity that makes
sales at retail from a stand that is intended to be temporary, or is capable
of being moved from one location to another, whether the stand is located
within or on the premises of a fixed facility (such as a kiosk at a shopping
center or an airport) or whether the stand is located on unimproved real
estate (such as a lot or field leased for retail purposes).
`(48) The term `at retail', with respect to the sale or purchase of a scheduled
listed chemical product, means a sale or purchase for personal use, respectively.'.
(2) CONFORMING AMENDMENTS- The Controlled Substances Act (21 U.S.C. 801
et seq.) is amended--
(A) in section 102, in paragraph (49) (as redesignated by paragraph
(1)(A) of this subsection)--
(i) in subparagraph (A), by striking `pseudoephedrine or' and inserting
`ephedrine, pseudoephedrine, or'; and
(ii) by striking subparagraph (B) and redesignating subparagraph (C)
as subparagraph (B); and
(B) in section 310(b)(3)(D)(ii), by striking `102(46)' and inserting
`102(49)'.
(b) Restrictions on Sales Quantity; Behind-the-Counter Access; Logbook Requirement;
Training of Sales Personnel; Privacy Protections-
(1) IN GENERAL- Section 310 of the Controlled Substances Act (21 U.S.C.
830) is amended by adding at the end the following subsections:
`(d) Scheduled Listed Chemicals; Restrictions on Sales Quantity; Requirements
Regarding Nonliquid Forms- With respect to ephedrine base, pseudoephedrine
base, or phenylpropanolamine base in a scheduled listed chemical product--
`(1) the quantity of such base sold at retail in such a product by a regulated
seller, or a distributor required to submit reports by subsection (b)(3)
may not, for any purchaser, exceed a daily amount of 3.6 grams, without
regard to the number of transactions; and
`(2) such a seller or distributor may not sell such a product in nonliquid
form (including gel caps) at retail unless the product is packaged in
blister packs, each blister containing not more than 2 dosage units, or
where the use of blister packs is technically infeasible, the product
is packaged in unit dose packets or pouches.
`(e) Scheduled Listed Chemicals; Behind-the-Counter Access; Logbook Requirement;
Training of Sales Personnel; Privacy Protections-
`(1) REQUIREMENTS REGARDING RETAIL TRANSACTIONS-
`(A) IN GENERAL- Each regulated seller shall ensure that, subject to
subparagraph (F), sales by such seller of a scheduled listed chemical
product at retail are made in accordance with the following:
`(i) In offering the product for sale, the seller places the product
such that customers do not have direct access to the product before
the sale is made (in this paragraph referred to as `behind-the-counter'
placement). For purposes of this paragraph, a behind-the-counter placement
of a product includes circumstances in which the product is stored
in a locked cabinet that is located in an area of the facility involved
to which customers do have direct access.
`(ii) The seller delivers the product directly into the custody of
the purchaser.
`(iii) The seller maintains, in accordance with criteria issued by
the Attorney General, a written or electronic list of such sales that
identifies the products by name, the quantity sold, the names and
addresses of purchasers, and the dates and times of the sales (which
list is referred to in this subsection as the `logbook'), except that
such requirement does not apply to any purchase by an individual of
a single sales package if that package contains not more than 60 milligrams
of pseudoephedrine.
`(iv) In the case of a sale to which the requirement of clause (iii)
applies, the seller does not sell such a product unless--
`(I) the prospective purchaser--
`(aa) presents an identification card that provides a photograph
and is issued by a State or the Federal Government, or a document that,
with respect to identification, is considered acceptable for purposes of
sections 274a.2(b)(1)(v)(A) and 274a.2(b)(1)(v)(B) of title 8, Code of Federal
Regulations (as in effect on or after the date of the enactment of the Combat
Methamphetamine Epidemic Act of 2005); and
`(bb) signs the logbook and enters in the logbook his or her name,
address, and the date and time of the sale; and
`(aa) determines that the name entered in the logbook corresponds
to the name provided on such identification and that the date and time entered
are correct; and
`(bb) enters in the logbook the name of the product and the quantity
sold.
`(v) The logbook includes, in accordance with criteria of the Attorney
General, a notice to purchasers that entering false statements or
misrepresentations in the logbook may subject the purchasers to criminal
penalties under section 1001 of title 18, United States Code, which
notice specifies the maximum fine and term of imprisonment under such
section.
`(vi) The seller maintains each entry in the logbook for not fewer
than two years after the date on which the entry is made.
`(vii) In the case of individuals who are responsible for delivering
such products into the custody of purchasers or who deal directly
with purchasers by obtaining payments for the products, the seller
has submitted to the Attorney General a self-certification that all
such individuals have, in accordance with criteria under subparagraph
(B)(ii), undergone training provided by the seller to ensure that
the individuals understand the requirements that apply under this
subsection and subsection (d).
`(viii) The seller maintains a copy of such certification and records
demonstrating that individuals referred to in clause (vii) have undergone
the training.
`(ix) If the seller is a mobile retail vendor:
`(I) The seller complies with clause (i) by placing the product
in a locked cabinet.
`(II) The seller does not sell more than 7.5 grams of ephedrine
base, pseudoephedrine base, or phenylpropanolamine base in such
products per customer during a 30-day period.
`(B) ADDITIONAL PROVISIONS REGARDING CERTIFICATIONS AND TRAINING-
`(i) IN GENERAL- A regulated seller may not sell any scheduled listed
chemical product at retail unless the seller has submitted to the
Attorney General the self-certification referred to in subparagraph
(A)(vii). The certification is not effective for purposes of the preceding
sentence unless, in addition to provisions regarding the training
of individuals referred to in such subparagraph, the certification
includes a statement that the seller understands each of the requirements
that apply under this paragraph and under subsection (d) and agrees
to comply with the requirements.
`(ii) ISSUANCE OF CRITERIA; SELF-CERTIFICATION- The Attorney General
shall by regulation establish criteria for certifications under this
paragraph. The criteria shall--
`(I) provide that the certifications are self-certifications provided
through the program under clause (iii);
`(II) provide that a separate certification is required for each
place of business at which a regulated seller sells scheduled listed
chemical products at retail; and
`(III) include criteria for training under subparagraph (A)(vii).
`(iii) PROGRAM FOR REGULATED SELLERS- The Attorney General shall establish
a program regarding such certifications and training in accordance
with the following:
`(I) The program shall be carried out through an Internet site of
the Department of Justice and such other means as the Attorney General
determines to be appropriate.
`(II) The program shall inform regulated sellers that section 1001
of title 18, United States Code, applies to such certifications.
`(III) The program shall make available to such sellers an explanation
of the criteria under clause (ii).
`(IV) The program shall be designed to permit the submission of
the certifications through such Internet site.
`(V) The program shall be designed to automatically provide the
explanation referred to in subclause (III), and an acknowledgement
that the Department has received a certification, without requiring
direct interactions of regulated sellers with staff of the Department
(other than the provision of technical assistance, as appropriate).
`(iv) AVAILABILITY OF CERTIFICATION TO STATE AND LOCAL OFFICIALS-
Promptly after receiving a certification under subparagraph (A)(vii),
the Attorney General shall make available a copy of the certification
to the appropriate State and local officials.
`(C) PRIVACY PROTECTIONS- In order to protect the privacy of individuals
who purchase scheduled listed chemical products, the Attorney General
shall by regulation establish restrictions on disclosure of information
in logbooks under subparagraph (A)(iii). Such regulations shall--
`(i) provide for the disclosure of the information as appropriate
to the Attorney General and to State and local law enforcement agencies;
and
`(ii) prohibit accessing, using, or sharing information in the logbooks
for any purpose other than to ensure compliance with this title or
to facilitate a product recall to protect public health and safety.
`(D) FALSE STATEMENTS OR MISREPRESENTATIONS BY PURCHASERS- For purposes
of section 1001 of title 18, United States Code, entering information
in the logbook under subparagraph (A)(iii) shall be considered a matter
within the jurisdiction of the executive, legislative, or judicial branch
of the Government of the United States.
`(E) GOOD FAITH PROTECTION- A regulated seller who in good faith releases
information in a logbook under subparagraph (A)(iii) to Federal, State,
or local law enforcement authorities is immune from civil liability
for such release unless the release constitutes gross negligence or
intentional, wanton, or willful misconduct.
`(F) INAPPLICABILITY OF REQUIREMENTS TO CERTAIN SALES- Subparagraph
(A) does not apply to the sale at retail of a scheduled listed chemical
product if a report on the sales transaction is required to be submitted
to the Attorney General under subsection (b)(3).
`(G) CERTAIN MEASURES REGARDING THEFT AND DIVERSION- A regulated seller
may take reasonable measures to guard against employing individuals
who may present a risk with respect to the theft and diversion of scheduled
listed chemical products, which may include, notwithstanding State law,
asking applicants for employment whether they have been convicted of
any crime involving or related to such products or controlled substances.'.
(2) EFFECTIVE DATES- With respect to subsections (d) and (e)(1) of section
310 of the Controlled Substances Act, as added by paragraph (1) of this
subsection:
(A) Such subsection (d) applies on and after the expiration of the 30-day
period beginning on the date of the enactment of this Act.
(B) Such subsection (e)(1) applies on and after September 30, 2006.
(c) Mail-Order Reporting-
(1) IN GENERAL- Section 310(e) of the Controlled Substances Act, as added
by subsection (b)(1) of this section, is amended by adding at the end
the following:
`(2) MAIL-ORDER REPORTING; VERIFICATION OF IDENTITY OF PURCHASER; 30-DAY
RESTRICTION ON QUANTITIES FOR INDIVIDUAL PURCHASERS- Each regulated person
who makes a sale at retail of a scheduled listed chemical product and
is required under subsection (b)(3) to submit a report of the sales transaction
to the Attorney General is subject to the following:
`(A) The person shall, prior to shipping the product, confirm the identity
of the purchaser in accordance with procedures established by the Attorney
General. The Attorney General shall by regulation establish such procedures.
`(B) The person may not sell more than 7.5 grams of ephedrine base,
pseudoephedrine base, or phenylpropanolamine base in such products per
customer during a 30-day period.'.
(2) INAPPLICABILITY OF REPORTING EXEMPTION FOR RETAIL DISTRIBUTORS- Section
310(b)(3)(D)(ii) of the Controlled Substances Act (21 U.S.C. 830(b)(3)(D)(ii))
is amended by inserting before the period the following: `, except that
this clause does not apply to sales of scheduled listed chemical products
at retail'.
(3) EFFECTIVE DATE- The amendments made by paragraphs (1) and (2) apply
on and after the expiration of the 30-day period beginning on the date
of the enactment of this Act.
(d) Exemptions for Certain Products- Section 310(e) of the Controlled Substances
Act, as added and amended by subsections (b) and (c) of this section, respectively,
is amended by adding at the end the following paragraph:
`(3) EXEMPTIONS FOR CERTAIN PRODUCTS- Upon the application of a manufacturer
of a scheduled listed chemical product, the Attorney General may by regulation
provide that the product is exempt from the provisions of subsection (d)
and paragraphs (1) and (2) of this subsection if the Attorney General
determines that the product cannot be used in the illicit manufacture
of methamphetamine.'.
(e) Restrictions on Quantity Purchased During 30-Day Period-
(1) IN GENERAL- Section 404(a) of the Controlled Substances Act (21 U.S.C.
844(a)) is amended by inserting after the second sentence the following:
`It shall be unlawful for any person to knowingly or intentionally purchase
at retail during a 30 day period more than 9 grams of ephedrine base,
pseudoephedrine base, or phenylpropanolamine base in a scheduled listed
chemical product, except that, of such 9 grams, not more than 7.5 grams
may be imported by means of shipping through any private or commercial
carrier or the Postal Service.'.
(2) EFFECTIVE DATE- The amendment made by paragraph (1) applies on and
after the expiration of the 30-day period beginning on the date of the
enactment of this Act.
(f) Enforcement of Requirements for Retail Sales-
(1) CIVIL AND CRIMINAL PENALTIES-
(A) IN GENERAL- Section 402(a) of the Controlled Substances Act (21
U.S.C. 842(a)) is amended--
(i) in paragraph (10), by striking `or' after the semicolon;
(ii) in paragraph (11), by striking the period at the end and inserting
a semicolon; and
(iii) by inserting after paragraph (11) the following paragraphs:
`(12) who is a regulated seller, or a distributor required to submit reports
under subsection (b)(3) of section 310--
`(A) to sell at retail a scheduled listed chemical product in violation
of paragraph (1) of subsection (d) of such section, knowing at the time
of the transaction involved (independent of consulting the logbook under
subsection (e)(1)(A)(iii) of such section) that the transaction is a
violation; or
`(B) to knowingly or recklessly sell at retail such a product in violation
of paragraph (2) of such subsection (d);
`(13) who is a regulated seller to knowingly or recklessly sell at retail
a scheduled listed chemical product in violation of subsection (e) of
such section; or
`(14) who is a regulated seller or an employee or agent of such seller
to disclose, in violation of regulations under subparagraph (C) of section
310(e)(1), information in logbooks under subparagraph (A)(iii) of such
section, or to refuse to provide such a logbook to Federal, State, or
local law enforcement authorities.'.
(B) CONFORMING AMENDMENT- Section 401(f)(1) of the Controlled Substances
Act (21 U.S.C. 841(f)(1)) is amended by inserting after `shall' the
following: `, except to the extent that paragraph (12), (13), or (14)
of section 402(a) applies,'.
(2) AUTHORITY TO PROHIBIT SALES BY VIOLATORS- Section 402(c) of the Controlled
Substances Act (21 U.S.C. 842(c)) is amended by adding at the end the
following paragraph:
`(4)(A) If a regulated seller, or a distributor required to submit reports
under section 310(b)(3), violates paragraph (12) of subsection (a) of this
section, or if a regulated seller violates paragraph (13) of such subsection,
the Attorney General may by order prohibit such seller or distributor (as
the case may be) from selling any scheduled listed chemical product. Any
sale of such a product in violation of such an order is subject to the same
penalties as apply under paragraph (2).
`(B) An order under subparagraph (A) may be imposed only through the same
procedures as apply under section 304(c) for an order to show cause.'.
(g) Preservation of State Authority to Regulate Scheduled Listed Chemicals-
This section and the amendments made by this section may not be construed
as having any legal effect on section 708 of the Controlled Substances Act
as applied to the regulation of scheduled listed chemicals (as defined in
section 102(45) of such Act).
SEC. 712. REGULATED TRANSACTIONS.
(a) Conforming Amendments Regarding Scheduled Listed Chemicals- The Controlled
Substances Act (21 U.S.C. 801 et seq.) is amended--
(A) in paragraph (39)(A)--
(i) by amending clause (iv) to read as follows:
`(iv) any transaction in a listed chemical that is contained in a drug
that may be marketed or distributed lawfully in the United States under
the Federal Food, Drug, and Cosmetic Act, subject to clause (v), unless--
`(I) the Attorney General has determined under section 204 that the
drug or group of drugs is being diverted to obtain the listed chemical
for use in the illicit production of a controlled substance; and
`(II) the quantity of the listed chemical contained in the drug included
in the transaction or multiple transactions equals or exceeds the
threshold established for that chemical by the Attorney General;';
(ii) by redesignating clause (v) as clause (vi); and
(iii) by inserting after clause (iv) the following clause:
`(v) any transaction in a scheduled listed chemical product that is
a sale at retail by a regulated seller or a distributor required to
submit reports under section 310(b)(3); or'; and
(B) by striking the paragraph (45) that relates to the term `ordinary
over-the-counter pseudoephedrine or phenylpropanolamine product';
(2) in section 204, by striking subsection (e); and
(3) in section 303(h), in the second sentence, by striking `section 102(39)(A)(iv)'
and inserting `clause (iv) or (v) of section 102(39)(A)'.
(b) Public Law 104-237- Section 401 of the Comprehensive Methamphetamine
Control Act of 1996 (21 U.S.C. 802 note) (Public Law 104-237) is amended
by striking subsections (d), (e), and (f).
SEC. 713. AUTHORITY TO ESTABLISH PRODUCTION QUOTAS.
Section 306 of the Controlled Substances Act (21 U.S.C. 826) is amended--
(1) in subsection (a), by inserting `and for ephedrine, pseudoephedrine,
and phenylpropanolamine' after `for each basic class of controlled substance
in schedules I and II';
(2) in subsection (b), by inserting `or for ephedrine, pseudoephedrine,
or phenylpropanolamine' after `for each basic class of controlled substance
in schedule I or II';
(3) in subsection (c), in the first sentence, by inserting `and for ephedrine,
pseudoephedrine, and phenylpropanolamine' after `for the basic classes
of controlled substances in schedules I and II';
(4) in subsection (d), by inserting `or ephedrine, pseudoephedrine, or
phenylpropanolamine' after `that basic class of controlled substance';
(5) in subsection (e), by inserting `or for ephedrine, pseudoephedrine,
or phenylpropanolamine' after `for a basic class of controlled substance
in schedule I or II';
(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--
(A) in the matter preceding paragraph (1), by inserting `or ephedrine,
pseudoephedrine, or phenylpropanolamine,' after `schedule III, IV, or
V of title II,'; and
(B) in paragraph (1), by inserting `, and of ephedrine, pseudoephedrine,
and phenylpropanolamine, ' after `coca leaves'; and
(2) by adding at the end the following subsections:
`(d)(1) With respect to a registrant under section 1008 who is authorized
under subsection (a)(1) to import ephedrine, pseudoephedrine, or phenylpropanolamine,
at any time during the year the registrant may apply for an increase in
the amount of such chemical that the registrant is authorized to import,
and the Attorney General may approve the application if the Attorney General
determines that the approval is necessary to provide for medical, scientific,
or other legitimate purposes regarding the chemical.
`(2) With respect to the application under paragraph (1):
`(A) Not later than 60 days after receiving the application, the Attorney
General shall approve or deny the application.
`(B) In approving the application, the Attorney General shall specify
the period of time for which the approval is in effect, or shall provide
that the approval is effective until the registrant involved is notified
in writing by the Attorney General that the approval is terminated.
`(C) If the Attorney General does not approve or deny the application
before the expiration of the 60-day period under subparagraph (A), the
application is deemed to be approved, and such approval remains in effect
until the Attorney General notifies the registrant in writing that the
approval is terminated.
`(e) Each reference in this section to ephedrine, pseudoephedrine, or phenylpropanolamine
includes each of the salts, optical isomers, and salts of optical isomers
of such chemical.'.
SEC. 716. NOTICE OF IMPORTATION OR EXPORTATION; APPROVAL OF SALE OR TRANSFER
BY IMPORTER OR EXPORTER.
(a) In General- Section 1018 of the Controlled Substances Import and Export
Act (21 U.S.C. 971) is amended--
(1) in subsection (b)(1), in the first sentence, by striking `or to an
importation by a regular importer' and inserting `or to a transaction
that is an importation by a regular importer';
(2) by redesignating subsections (d) and (e) as subsections (e) and (f),
respectively;
(3) by inserting after subsection (c) the following subsection:
`(d)(1)(A) Information provided in a notice under subsection (a) or (b)
shall include the name of the person to whom the importer or exporter involved
intends to transfer the listed chemical involved, and the quantity of such
chemical to be transferred.
`(B) In the case of a notice under subsection (b) submitted by a regular
importer, if the transferee identified in the notice is not a regular customer,
such importer may not transfer the listed chemical until after the expiration
of the 15-day period beginning on the date on which the notice is submitted
to the Attorney General.
`(C) After a notice under subsection (a) or (b) is submitted to the Attorney
General, if circumstances change and the importer or exporter will not be
transferring the listed chemical to the transferee identified in the notice,
or will be transferring a greater quantity of the chemical than specified
in the notice, the importer or exporter shall update the notice to identify
the most recent prospective transferee or the most recent quantity or both
(as the case may be) and may not transfer the listed chemical until after
the expiration of the 15-day period beginning on the date on which the update
is submitted to the Attorney General, except that such 15-day restriction
does not apply if the prospective transferee identified in the update is
a regular customer. The preceding sentence applies with respect to changing
circumstances regarding a transferee or quantity identified in an update
to the same extent and in the same manner as such sentence applies with
respect to changing circumstances regarding a transferee or quantity identified
in the original notice under subsection (a) or (b).
`(D) In the case of a transfer of a listed chemical that is subject to a
15-day restriction under subparagraph (B) or (C), the transferee involved
shall, upon the expiration of the 15-day period, be considered to qualify
as a regular customer, unless the Attorney General otherwise notifies the
importer or exporter involved in writing.
`(2) With respect to a transfer of a listed chemical with which a notice
or update referred to in paragraph (1) is concerned:
`(A) The Attorney General, in accordance with the same procedures as apply
under subsection (c)(2)--
`(i) may order the suspension of the transfer of the listed chemical
by the importer or exporter involved, except for a transfer to a regular
customer, on the ground that the chemical may be diverted to the clandestine
manufacture of a controlled substance (without regard to the form of
the chemical that may be diverted, including the diversion of a finished
drug product to be manufactured from bulk chemicals to be transferred),
subject to the Attorney General ordering such suspension before the
expiration of the 15-day period referred to in paragraph (1) with respect
to the importation or exportation (in any case in which such a period
applies); and
`(ii) may, for purposes of clause (i) and paragraph (1), disqualify
a regular customer on such ground.
`(B) From and after the time when the Attorney General provides written
notice of the order under subparagraph (A) (including a statement of the
legal and factual basis for the order) to the importer or exporter, the
importer or exporter may not carry out the transfer.
`(3) For purposes of this subsection:
`(A) The terms `importer' and `exporter' mean a regulated person who imports
or exports a listed chemical, respectively.
`(B) The term `transfer', with respect to a listed chemical, includes
the sale of the chemical.
`(C) The term `transferee' means a person to whom an importer or exporter
transfers a listed chemical.'; and
(4) by adding at the end the following subsection:
`(g) Within 30 days after a transaction covered by this section is completed,
the importer or exporter shall send the Attorney General a return declaration
containing particulars of the transaction, including the date, quantity,
chemical, container, name of transferees, and such other information as
the Attorney General may specify in regulations. For importers, a single
return declaration may include the particulars of both the importation and
distribution. If the importer has not distributed all chemicals imported
by the end of the initial 30-day period, the importer shall file supplemental
return declarations no later than 30 days from the date of any further distribution,
until the distribution or other disposition of all chemicals imported pursuant
to the import notification or any update are accounted for.'.
(b) Conforming Amendments-
(1) CONTROLLED SUBSTANCES IMPORT AND EXPORT ACT- The Controlled Substances
Import and Export Act (21 U.S.C. 951 et seq.) is amended--
(A) in section 1010(d)(5), by striking `section 1018(e)(2) or (3)' and
inserting `paragraph (2) or (3) of section 1018(f)'; and
(B) in section 1018(c)(1), in the first sentence, by inserting before
the period the following: `(without regard to the form of the chemical
that may be diverted, including the diversion of a finished drug product
to be manufactured from bulk chemicals to be transferred)'.
(2) CONTROLLED SUBSTANCES ACT- Section 310(b)(3)(D)(v) of the Controlled
Substances Act (21 U.S.C. 830(b)(3)(D)(v)) is amended by striking `section
1018(e)(2)' and inserting `section 1018(f)(2)'.
SEC. 717. ENFORCEMENT OF RESTRICTIONS ON IMPORTATION AND OF REQUIREMENT
OF NOTICE OF TRANSFER.
Section 1010(d)(6) of the Controlled Substances Import and Export Act (21
U.S.C. 960(d)(6)) is amended to read as follows:
`(6) imports a listed chemical in violation of section 1002, imports or
exports such a chemical in violation of section 1007 or 1018, or transfers
such a chemical in violation of section 1018(d); or'.
SEC. 718. COORDINATION WITH UNITED STATES TRADE REPRESENTATIVE.
In implementing sections 713 through 717 and section 721 of this title,
the Attorney General shall consult with the United States Trade Representative
to ensure implementation complies with all applicable international treaties
and obligations of the United States.
Subtitle B--International Regulation of Precursor Chemicals
SEC. 721. INFORMATION ON FOREIGN CHAIN OF DISTRIBUTION; IMPORT RESTRICTIONS
REGARDING FAILURE OF DISTRIBUTORS TO COOPERATE.
Section 1018 of the Controlled Substances Import and Export Act (21 U.S.C.
971), as amended by section 716(a)(4) of this title, is further amended
by adding at the end the following subsection:
`(h)(1) With respect to a regulated person importing ephedrine, pseudoephedrine,
or phenylpropanolamine (referred to in this section as an `importer'), a
notice of importation under subsection (a) or (b) shall include all information
known to the importer on the chain of distribution of such chemical from
the manufacturer to the importer.
`(2) For the purpose of preventing or responding to the diversion of ephedrine,
pseudoephedrine, or phenylpropanolamine for use in the illicit production
of methamphetamine, the Attorney General may, in the case of any person
who is a manufacturer or distributor of such chemical in the chain of distribution
referred to in paragraph (1) (which person is referred to in this subsection
as a `foreign-chain distributor'), request that such distributor provide
to the Attorney General information known to the distributor on the distribution
of the chemical, including sales.
`(3) If the Attorney General determines that a foreign-chain distributor
is refusing to cooperate with the Attorney General in obtaining the information
referred to in paragraph (2), the Attorney General may, in accordance with
procedures that apply under subsection (c), issue an order prohibiting the
importation of ephedrine, pseudoephedrine, or phenylpropanolamine in any
case in which such distributor is part of the chain of distribution for
such chemical. Not later than 60 days prior to issuing the order, the Attorney
General shall publish in the Federal Register a notice of intent to issue
the order. During such 60-day period, imports of the chemical with respect
to such distributor may not be restricted under this paragraph.'.
SEC. 722. REQUIREMENTS RELATING TO THE LARGEST EXPORTING AND IMPORTING
COUNTRIES OF CERTAIN PRECURSOR CHEMICALS.
(a) Reporting Requirements- Section 489(a) of the Foreign Assistance Act
of 1961 (22 U.S.C. 2291h(a)) is amended by adding at the end the following
new paragraph:
`(8)(A) A separate section that contains the following:
`(i) An identification of the five countries that exported the largest
amount of pseudoephedrine, ephedrine, and phenylpropanolamine (including
the salts, optical isomers, or salts of optical isomers of such chemicals,
and also including any products or substances containing such chemicals)
during the preceding calendar year.
`(ii) An identification of the five countries that imported the largest
amount of the chemicals described in clause (i) during the preceding
calendar year and have the highest rate of diversion of such chemicals
for use in the illicit production of methamphetamine (either in that
country or in another country).
`(iii) An economic analysis of the total worldwide production of the
chemicals described in clause (i) as compared to the legitimate demand
for such chemicals worldwide.
`(B) The identification of countries that imported the largest amount
of chemicals under subparagraph (A)(ii) shall be based on the following:
`(i) An economic analysis that estimates the legitimate demand for such
chemicals in such countries as compared to the actual or estimated amount
of such chemicals that is imported into such countries.
`(ii) The best available data and other information regarding the production
of methamphetamine in such countries and the diversion of such chemicals
for use in the production of methamphetamine.'.
(b) Annual Certification Procedures- Section 490(a) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2291j(a)) is amended--
(1) in paragraph (1), by striking `major illicit drug producing country
or major drug-transit country' and inserting `major illicit drug producing
country, major drug-transit country, or country identified pursuant to
clause (i) or (ii) of section 489(a)(8)(A) of this Act'; and
(2) in paragraph (2), by inserting after `(as determined under subsection
(h))' the following: `or country identified pursuant to clause (i) or
(ii) of section 489(a)(8)(A) of this Act'.
(c) Conforming Amendment- Section 706 of the Foreign Relations Authorization
Act, Fiscal Year 2003 (22 U.S.C. 2291j-1) is amended in paragraph (5) by
adding at the end the following:
`(C) Nothing in this section shall affect the requirements of section
490 of the Foreign Assistance Act of 1961 (22 U.S.C. 2291j) with respect
to countries identified pursuant to section clause (i) or (ii) of 489(a)(8)(A)
of the Foreign Assistance Act of 1961.'.
(d) Plan to Address Diversion of Precursor Chemicals- In the case of each
country identified pursuant to clause (i) or (ii) of section 489(a)(8)(A)
of the Foreign Assistance Act of 1961 (as added by subsection (a)) with
respect to which the President has not transmitted to Congress a certification
under section 490(b) of such Act (22 U.S.C. 2291j(b)), the Secretary of
State, in consultation with the Attorney General, shall, not later than
180 days after the date on which the President transmits the report required
by section 489(a) of such Act (22 U.S.C. 2291h(a)), submit to Congress a
comprehensive plan to address the diversion of the chemicals described in
section 489(a)(8)(A)(i) of such Act to the illicit production of methamphetamine
in such country or in another country, including the establishment, expansion,
and enhancement of regulatory, law enforcement, and other investigative
efforts to prevent such diversion.
(e) Authorization of Appropriations- There are authorized to be appropriated
to the Secretary of State to carry out this section $1,000,000 for each
of the fiscal years 2006 and 2007.
SEC. 723. PREVENTION OF SMUGGLING OF METHAMPHETAMINE INTO THE UNITED STATES
FROM MEXICO.
(a) In General- The Secretary of State, acting through the Assistant Secretary
of the Bureau for International Narcotics and Law Enforcement Affairs, shall
take such actions as are necessary to prevent the smuggling of methamphetamine
into the United States from Mexico.
(b) Specific Actions- In carrying out subsection (a), the Secretary shall--
(1) improve bilateral efforts at the United States-Mexico border to prevent
the smuggling of methamphetamine into the United States from Mexico;
(2) seek to work with Mexican law enforcement authorities to improve the
ability of such authorities to combat the production and trafficking of
methamphetamine, including by providing equipment and technical assistance,
as appropriate; and
(3) encourage the Government of Mexico to take immediate action to reduce
the diversion of pseudoephedrine by drug trafficking organizations for
the production and trafficking of methamphetamine.
(c) Report- Not later than one year after the date of the enactment of this
Act, and annually thereafter, the Secretary shall submit to the appropriate
congressional committees a report on the implementation of this section
for the prior year.
(d) Authorization of Appropriations- There are authorized to be appropriated
to the Secretary to carry out this section $4,000,000 for each of the fiscal
years 2006 and 2007.
Subtitle C--Enhanced Criminal Penalties for Methamphetamine Production
and Trafficking
SEC. 731. SMUGGLING METHAMPHETAMINE OR METHAMPHETAMINE PRECURSOR CHEMICALS
INTO THE UNITED STATES WHILE USING FACILITATED ENTRY PROGRAMS.
(a) Enhanced Prison Sentence- The sentence of imprisonment imposed on a
person convicted of an offense under the Controlled Substances Act (21 U.S.C.
801 et seq.) or the Controlled Substances Import and Export Act (21 U.S.C.
951 et seq.), involving methamphetamine or any listed chemical that is defined
in section 102(33) of the Controlled Substances Act (21 U.S.C. 802(33),
shall, if the offense is committed under the circumstance described in subsection
(b), be increased by a consecutive term of imprisonment of not more than
15 years.
(b) Circumstances- For purposes of subsection (a), the circumstance described
in this subsection is that the offense described in subsection (a) was committed
by a person who--
(1) was enrolled in, or who was acting on behalf of any person or entity
enrolled in, any dedicated commuter lane, alternative or accelerated inspection
system, or other facilitated entry program administered or approved by
the Federal Government for use in entering the United States; and
(2) committed the offense while entering the United States, using such
lane, system, or program.
(c) Permanent Ineligibility- Any person whose term of imprisonment is increased
under subsection (a) shall be permanently and irrevocably barred from being
eligible for or using any lane, system, or program described in subsection
(b)(1).
SEC. 732. MANUFACTURING CONTROLLED SUBSTANCES ON FEDERAL PROPERTY.
Subsection (b) of section 401 of the Controlled Substances Act (21 U.S.C.
841(b)) is amended in paragraph (5) by inserting `or manufacturing' after
`cultivating'.
SEC. 733. INCREASED PUNISHMENT FOR METHAMPHETAMINE KINGPINS.
Section 408 of the Controlled Substances Act (21 U.S.C. 848) is amended
by adding at the end the following:
`(s) Special Provision for Methamphetamine- For the purposes of subsection
(b), in the case of continuing criminal enterprise involving methamphetamine
or its salts, isomers, or salts of isomers, paragraph (2)(A) shall be applied
by substituting `200' for `300', and paragraph (2)(B) shall be applied by
substituting `$5,000,000' for `$10 million dollars'.'.
SEC. 734. NEW CHILD-PROTECTION CRIMINAL ENHANCEMENT.
(a) In General- The Controlled Substances Act is amended by inserting after
section 419 (21 U.S.C. 860) the following:
`CONSECUTIVE SENTENCE FOR MANUFACTURING OR DISTRIBUTING, OR POSSESSING
WITH INTENT TO MANUFACTURE OR DISTRIBUTE, METHAMPHETAMINE ON PREMISES WHERE
CHILDREN ARE PRESENT OR RESIDE
`SEC. 419a. Whoever violates section 401(a)(1) by manufacturing or distributing,
or possessing with intent to manufacture or distribute, methamphetamine
or its salts, isomers or salts of isomers on premises in which an individual
who is under the age of 18 years is present or resides, shall, in addition
to any other sentence imposed, be imprisoned for a period of any term of
years but not more than 20 years, subject to a fine, or both.'.
(b) Clerical Amendment- The table of contents of the Comprehensive Drug
Abuse Prevention and Control Act of 1970 is amended by inserting after the
item relating to section 419 the following new item:
`Sec. 419a. Consecutive sentence for manufacturing or distributing, or
possessing with intent to manufacture or distribute, methamphetamine on
premises where children are present or reside.'.
SEC. 735. AMENDMENTS TO CERTAIN SENTENCING COURT REPORTING REQUIREMENTS.
Section 994(w) of title 28, United States Code, is amended--
(A) by inserting `, in a format approved and required by the Commission,'
after `submits to the Commission';
(B) in subparagraph (B)--
(i) by inserting `written' before `statement of reasons'; and
(ii) by inserting `and which shall be stated on the written statement
of reasons form issued by the Judicial Conference and approved by
the United States Sentencing Commission' after `applicable guideline
range'; and
(C) by adding at the end the following:
`The information referred to in subparagraphs (A) through (F) shall be submitted
by the sentencing court in a format approved and required by the Commission.';
and
(2) in paragraph (4), by striking `may assemble or maintain in electronic
form that include any' and inserting `itself may assemble or maintain
in electronic form as a result of the'.
SEC. 736. SEMIANNUAL REPORTS TO CONGRESS.
(a) In General- The Attorney General shall, on a semiannual basis, submit
to the congressional committees and organizations specified in subsection
(b) reports that--
(1) describe the allocation of the resources of the Drug Enforcement Administration
and the Federal Bureau of Investigation for the investigation and prosecution
of alleged violations of the Controlled Substances Act involving methamphetamine;
and
(2) the measures being taken to give priority in the allocation of such
resources to such violations involving--
(A) persons alleged to have imported into the United States substantial
quantities of methamphetamine or scheduled listed chemicals (as defined
pursuant to the amendment made by section 711(a)(1));
(B) persons alleged to have manufactured methamphetamine; and
(C) circumstances in which the violations have endangered children.
(b) Congressional Committees- The congressional committees and organizations
referred to in subsection (a) are--
(1) in the House of Representatives, the Committee on the Judiciary, the
Committee on Energy and Commerce, and the Committee on Government Reform;
and
(2) in the Senate, the Committee on the Judiciary, the Committee on Commerce,
Science, and Transportation, and the Caucus on International Narcotics
Control.
Subtitle D--Enhanced Environmental Regulation of Methamphetamine Byproducts
SEC. 741. BIENNIAL REPORT TO CONGRESS ON AGENCY DESIGNATIONS OF BY-PRODUCTS
OF METHAMPHETAMINE LABORATORIES AS HAZARDOUS MATERIALS.
Section 5103 of title 49, Unites States Code, is amended by adding at the
end the following:
`(d) Biennial Report- The Secretary of Transportation shall submit to the
Committee on Transportation and Infrastructure of the House of Representatives
and the Senate Committee on Commerce, Science, and Transportation a biennial
report providing information on whether the Secretary has designated as
hazardous materials for purposes of chapter 51 of such title all by-products
of the methamphetamine-production process that are known by the Secretary
to pose an unreasonable risk to health and safety or property when transported
in commerce in a particular amount and form.'.
SEC. 742. METHAMPHETAMINE PRODUCTION REPORT.
Section 3001 of the Solid Waste Disposal Act (42 U.S.C. 6921) is amended
at the end by adding the following:
`(j) Methamphetamine Production- Not later than every 24 months, the Administrator
shall submit to the Committee on Energy and Commerce of the House of Representatives
and the Committee on Environment and Public Works of the Senate a report
setting forth information collected by the Administrator from law enforcement
agencies, States, and other relevant stakeholders that identifies the byproducts
of the methamphetamine production process and whether the Administrator
considers each of the byproducts to be a hazardous waste pursuant to this
section and relevant regulations.'.
SEC. 743. CLEANUP COSTS.
(a) In General- Section 413(q) of the Controlled Substances Act (21 U.S.C.
853(q)) is amended--
(1) in the matter preceding paragraph (1), by inserting `, the possession,
or the possession with intent to distribute,' after `manufacture'; and
(2) in paragraph (2), by inserting `, or on premises or in property that
the defendant owns, resides, or does business in' after `by the defendant'.
(b) Savings Clause- Nothing in this section shall be interpreted or construed
to amend, alter, or otherwise affect the obligations, liabilities and other
responsibilities of any person under any Federal or State environmental
laws.
Subtitle E--Additional Programs and Activities
SEC. 751. IMPROVEMENTS TO DEPARTMENT OF JUSTICE DRUG COURT GRANT PROGRAM.
Section 2951 of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3797u) is amended by adding at the end the following new subsection:
`(c) Mandatory Drug Testing and Mandatory Sanctions-
`(1) MANDATORY TESTING- Grant amounts under this part may be used for
a drug court only if the drug court has mandatory periodic testing as
described in subsection (a)(3)(A). The Attorney General shall, by prescribing
guidelines or regulations, specify standards for the timing and manner
of complying with such requirements. The standards--
`(i) each participant is tested for every controlled substance that
the participant has been known to abuse, and for any other controlled
substance the Attorney General or the court may require; and
`(ii) the testing is accurate and practicable; and
`(B) may require approval of the drug testing regime to ensure that
adequate testing occurs.
`(2) MANDATORY SANCTIONS- The Attorney General shall, by prescribing guidelines
or regulations, specify that grant amounts under this part may be used
for a drug court only if the drug court imposes graduated sanctions that
increase punitive measures, therapeutic measures, or both whenever a participant
fails a drug test. Such sanctions and measures may include, but are not
limited to, one or more of the following:
`(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.
`(N) Anger management classes.'.
SEC. 752. DRUG COURTS FUNDING.
Section 1001(25)(A) of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 2591(25)(A)) is amended by adding at the end the
following:
`(v) $70,000,000 for fiscal year 2006.'.
SEC. 753. FEASIBILITY STUDY ON FEDERAL DRUG COURTS.
The Attorney General shall, conduct a feasibility study on the desirability
of a drug court program for Federal offenders who are addicted to controlled
substances. The Attorney General lower-level, non-violate report the results
of that study to Congress not later than June 30, 2006.
SEC. 754. GRANTS TO HOT SPOT AREAS TO REDUCE AVAILABILITY OF METHAMPHETAMINE.
Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3711 et seq.) is amended by adding at the end the following:
`PART II--CONFRONTING USE OF METHAMPHETAMINE
`SEC. 2996. AUTHORITY TO MAKE GRANTS TO ADDRESS PUBLIC SAFETY AND METHAMPHETAMINE
MANUFACTURING, SALE, AND USE IN HOT SPOTS.
`(a) Purpose and Program Authority-
`(1) PURPOSE- It is the purpose of this part to assist States--
`(A) to carry out programs to address the manufacture, sale, and use
of methamphetamine drugs; and
`(B) to improve the ability of State and local government institutions
of to carry out such programs.
`(2) GRANT AUTHORIZATION- The Attorney General, through the Bureau of
Justice Assistance in the Office of Justice Programs may make grants to
States to address the manufacture, sale, and use of methamphetamine to
enhance public safety.
`(3) GRANT PROJECTS TO ADDRESS METHAMPHETAMINE MANUFACTURE SALE AND USE-
Grants made under subsection (a) may be used for programs, projects, and
other activities to--
`(A) investigate, arrest and prosecute individuals violating laws related
to the use, manufacture, or sale of methamphetamine;
`(B) reimburse the Drug Enforcement Administration for expenses related
to the clean up of methamphetamine clandestine labs;
`(C) support State and local health department and environmental agency
services deployed to address methamphetamine; and
`(D) procure equipment, technology, or support systems, or pay for resources,
if the applicant for such a grant demonstrates to the satisfaction of
the Attorney General that expenditures for such purposes would result
in the reduction in the use, sale, and manufacture of methamphetamine.
`SEC. 2997. FUNDING.
`There are authorized to be appropriated to carry out this part $99,000,000
for each fiscal year 2006, 2007, 2008, 2009, and 2010.'.
SEC. 755. GRANTS FOR PROGRAMS FOR DRUG-ENDANGERED CHILDREN.
(a) In General- The Attorney General shall make grants to States for the
purpose of carrying out programs to provide comprehensive services to aid
children who are living in a home in which methamphetamine or other controlled
substances are unlawfully manufactured, distributed, dispensed, or used.
(b) Certain Requirements- The Attorney General shall ensure that the services
carried out with grants under subsection (a) include the following:
(1) Coordination among law enforcement agencies, prosecutors, child protective
services, social services, health care services, and any other services
determined to be appropriate by the Attorney General to provide assistance
regarding the problems of children described in subsection (a).
(2) Transition of children from toxic or drug-endangering environments
to appropriate residential environments.
(c) Authorization of Appropriations- For the purpose of carrying out this
section, there are authorized to be appropriated $20,000,000 for each of
the fiscal years 2006 and 2007. Amounts appropriated under the preceding
sentence shall remain available until expended.
SEC. 756. AUTHORITY TO AWARD COMPETITIVE GRANTS TO ADDRESS METHAMPHETAMINE
USE BY PREGNANT AND PARENTING WOMEN OFFENDERS.
(a) Purpose and Program Authority-
(1) GRANT AUTHORIZATION- The Attorney General may award competitive grants
to address the use of methamphetamine among pregnant and parenting women
offenders to promote public safety, public health, family permanence and
well being.
(2) PURPOSES AND PROGRAM AUTHORITY- Grants awarded under this section
shall be used to facilitate or enhance and collaboration between the criminal
justice, child welfare, and State substance abuse systems in order to
carry out programs to address the use of methamphetamine drugs by pregnant
and parenting women offenders.
(b) Definitions- In this section, the following definitions shall apply:
(1) CHILD WELFARE AGENCY- The term `child welfare agency' means the State
agency responsible for child and/or family services and welfare.
(2) CRIMINAL JUSTICE AGENCY- The term `criminal justice agency' means
an agency of the State or local government or its contracted agency that
is responsible for detection, arrest, enforcement, prosecution, defense,
adjudication, incarceration, probation, or parole relating to the violation
of the criminal laws of that State or local government.
(1) IN GENERAL- No grant may be awarded under this section unless an application
has been submitted to, and approved by, the Attorney General.
(2) APPLICATION- An application for a grant under this section shall be
submitted in such form, and contain such information, as the Attorney
General, may prescribe by regulation or guidelines.
(3) ELIGIBLE ENTITIES- The Attorney General shall make grants to States,
territories, and Indian Tribes. Applicants must demonstrate extensive
collaboration with the State criminal justice agency and child welfare
agency in the planning and implementation of the program.
(4) CONTENTS- In accordance with the regulations or guidelines established
by the Attorney General in consultation with the Secretary of Health and
Human Services, each application for a grant under this section shall
contain a plan to expand the State's services for pregnant and parenting
women offenders who are pregnant women and/or women with dependent children
for the use of methamphetamine or methamphetamine and other drugs and
include the following in the plan:
(A) A description of how the applicant will work jointly with the State
criminal justice and child welfare agencies needs associated with the
use of methamphetamine or methamphetamine and other drugs by pregnant
and parenting women offenders to promote family stability and permanence.
(B) A description of the nature and the extent of the problem of methamphetamine
use by pregnant and parenting women offenders.
(C) A certification that the State has involved counties and other units
of local government, when appropriate, in the development, expansion,
modification, operation or improvement of proposed programs to address
the use, manufacture, or sale of methamphetamine.
(D) A certification that funds received under this section will be used
to supplement, not supplant, other Federal, State, and local funds.
(E) A description of clinically appropriate practices and procedures
to--
(i) screen and assess pregnant and parenting women offenders for addiction
to methamphetamine and other drugs;
(ii) when clinically appropriate for both the women and children,
provide family treatment for pregnant and parenting women offenders,
with clinically appropriate services in the same location to promote
family permanence and self sufficiency; and
(iii) provide for a process to enhance or ensure the abilities of
the child welfare agency, criminal justice agency and State substance
agency to work together to re-unite families when appropriate in the
case where family treatment is not provided.
(d) Period of Grant- The grant shall be a three-year grant. Successful applicants
may reapply for only one additional three-year funding cycle and the Attorney
General may approve such applications.
(e) Performance Accountability; Reports and Evaluations-
(1) REPORTS- Successful applicants shall submit to the Attorney General
a report on the activities carried out under the grant at the end of each
fiscal year.
(2) EVALUATIONS- Not later than 12 months at the end of the 3 year funding
cycle under this section, the Attorney General shall submit a report to
the appropriate committees of jurisdiction that summarizes the results
of the evaluations conducted by recipients and recommendations for further
legislative action.
(f) Authorization of Appropriations- There are authorized to be appropriated
to carry out this section such sums as may be necessary.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
END
