Congressional Record: December 8, 2005 (House)
Page H11279-H11310
CONFERENCE REPORT ON H.R. 3199, USA PATRIOT IMPROVEMENT AND
REAUTHORIZATION ACT OF 2005
Mr. SENSENBRENNER (during the special order of Mr. King of Iowa)
submitted the following conference report and statement on the bill
(H.R. 3199) to extend and modify authorities needed to combat
terrorism, and for other purposes:
Conference Report (H. Rept. 109-333)
The committee of conference on the disagreeing vote of the
two Houses on the amendment of the Senate to the bill (H.R.
3199), to extend and modify authorities needed to combat
terrorism, and for other purposes, having met, after full and
free conference, have agreed to recommend and do recommend to
their respective Houses as follows:
That the House recede from its disagreement to the
amendment of the Senate and agree to the same with an
amendment as follows:
In lieu of the matter proposed to be inserted by the Senate
amendment, insert the following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``USA
PATRIOT Improvement and Reauthorization Act of 2005''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I--USA PATRIOT IMPROVEMENT AND REAUTHORIZATION ACT
Sec. 101. References to, and modification of short title for, USA
PATRIOT Act.
Sec. 102. USA PATRIOT Act sunset provisions.
Sec. 103. Extension of sunset relating to individual terrorists as
agents of foreign powers.
Sec. 104. Section 2332b and the material support sections of title 18,
United States Code.
Sec. 105. Duration of FISA surveillance of non-United States persons
under section 207 of the USA PATRIOT Act.
Sec. 106. Access to certain business records under section 215 of the
USA PATRIOT Act.
Sec. 106A. Audit on access to certain business records for foreign
intelligence purposes.
Sec. 107. Enhanced oversight of good-faith emergency disclosures under
section 212 of the USA PATRIOT Act.
Sec. 108. Multipoint electronic surveillance under section 206 of the
USA PATRIOT Act.
Sec. 109. Enhanced congressional oversight.
Sec. 110. Attacks against railroad carriers and mass transportation
systems.
Sec. 111. Forfeiture.
Sec. 112. Section 2332b(g)(5)(B) amendments relating to the definition
of Federal crime of terrorism.
Sec. 113. Amendments to section 2516(1) of title 18, United States
Code.
Sec. 114. Delayed notice search warrants.
Sec. 115. Judicial review of national security letters.
Sec. 116. Confidentiality of national security letters.
Sec. 117. Violations of nondisclosure provisions of national security
letters.
Sec. 118. Reports on national security letters.
Sec. 119. Audit of use of national security letters.
Sec. 120. Definition for forfeiture provisions under section 806 of the
USA PATRIOT Act.
Sec. 121. Penal provisions regarding trafficking in contraband
cigarettes or smokeless tobacco.
Sec. 122. Prohibition of narco-terrorism.
Sec. 123. Interfering with the operation of an aircraft.
Sec. 124. Sense of Congress relating to lawful political activity.
Sec. 125. Removal of civil liability barriers that discourage the
donation of fire equipment to volunteer fire companies.
Sec. 126. Report on data-mining activities.
Sec. 127. Sense of Congress.
Sec. 128. USA PATRIOT Act section 214; authority for disclosure of
additional information in connection with orders for pen
register and trap and trace authority under FISA.
TITLE II--TERRORIST DEATH PENALTY ENHANCEMENT
Sec. 201. Short title.
Subtitle A--Terrorist penalties enhancement Act
Sec. 211. Death penalty procedures for certain air piracy cases
occurring before enactment of the Federal Death Penalty
Act of 1994.
Sec. 212. Postrelease supervision of terrorists.
[[Page H11280]]
Subtitle B--Federal Death Penalty Procedures
Sec. 221. Elimination of procedures applicable only to certain
Controlled Substances Act cases.
Sec. 222. Counsel for financially unable defendants.
TITLE III--REDUCING CRIME AND TERRORISM AT AMERICA'S SEAPORTS
Sec. 301. Short title.
Sec. 302. Entry by false pretenses to any seaport.
Sec. 303. Criminal sanctions for failure to heave to, obstruction of
boarding, or providing false information.
Sec. 304. Criminal sanctions for violence against maritime navigation,
placement of destructive devices.
Sec. 305. Transportation of dangerous materials and terrorists.
Sec. 306. Destruction of, or interference with, vessels or maritime
facilities.
Sec. 307. Theft of interstate or foreign shipments or vessels.
Sec. 308. Stowaways on vessels or aircraft.
Sec. 309. Bribery affecting port security.
Sec. 310. Penalties for smuggling goods into the United States.
Sec. 311. Smuggling goods from the United States.
TITLE IV--COMBATING TERRORISM FINANCING
Sec. 401. Short title.
Sec. 402. Increased penalties for terrorism financing.
Sec. 403. Terrorism-related specified activities for money laundering.
Sec. 404. Assets of persons committing terrorist acts against foreign
countries or international organizations.
Sec. 405. Money laundering through hawalas.
Sec. 406. Technical and conforming amendments relating to the USA
PATRIOT Act.
Sec. 407. Cross reference correction.
Sec. 408. Amendment to amendatory language.
Sec. 409. Designation of additional money laundering predicate.
Sec. 410. Uniform procedures for criminal forfeiture.
TITLE V--MISCELLANEOUS PROVISIONS
Sec. 501. Residence of United States attorneys and assistant United
States attorneys.
Sec. 502. Interim appointment of United States Attorneys.
Sec. 503. Secretary of Homeland Security in Presidential line of
succession.
Sec. 504. Bureau of Alcohol, Tobacco and Firearms to the Department of
Justice.
Sec. 505. Qualifications of United States Marshals.
Sec. 506. Department of Justice intelligence matters.
Sec. 507. Review by Attorney General.
TITLE VI--SECRET SERVICE
Sec. 601. Short title.
Sec. 602. Interference with national special security events.
Sec. 603. False credentials to national special security events.
Sec. 604. Forensic and investigative support of missing and exploited
children cases.
Sec. 605. The Uniformed Division, United States Secret Service.
Sec. 606. Savings provisions.
Sec. 607. Maintenance as distinct entity.
Sec. 608. Exemptions from the Federal Advisory Committee Act.
TITLE VII--COMBAT METHAMPHETAMINE EPIDEMIC ACT OF 2005
Sec. 701. Short title.
Subtitle A--Domestic regulation of precursor chemicals
Sec. 711. Scheduled listed chemical products; restrictions on sales
quantity, behind-the-counter access, and other
safeguards.
Sec. 712. Regulated transactions.
Sec. 713. Authority to establish production quotas.
Sec. 714. Penalties; authority for manufacturing; quota.
Sec. 715. Restrictions on importation; authority to permit imports for
medical, scientific, or other legitimate purposes.
Sec. 716. Notice of importation or exportation; approval of sale or
transfer by importer or exporter.
Sec. 717. Enforcement of restrictions on importation and of requirement
of notice of transfer.
Sec. 718. Coordination with United States Trade Representative.
Subtitle B--International regulation of precursor chemicals
Sec. 721. Information on foreign chain of distribution; import
restrictions regarding failure of distributors to
cooperate.
Sec. 722. Requirements relating to the largest exporting and importing
countries of certain precursor chemicals.
Sec. 723. Prevention of smuggling of methamphetamine into the United
States from Mexico.
Subtitle C--Enhanced criminal penalties for methamphetamine production
and trafficking
Sec. 731. Smuggling methamphetamine or methamphetamine precursor
chemicals into the United States while using facilitated
entry programs.
Sec. 732. Manufacturing controlled substances on Federal property.
Sec. 733. Increased punishment for methamphetamine kingpins.
Sec. 734. New child-protection criminal enhancement.
Sec. 735. Amendments to certain sentencing court reporting
requirements.
Sec. 736. Semiannual reports to Congress.
Subtitle D--Enhanced environmental regulation of methamphetamine
byproducts
Sec. 741. Biennial report to Congress on agency designations of by-
products of methamphetamine laboratories as hazardous
materials.
Sec. 742. Methamphetamine production report.
Sec. 743. Cleanup costs.
Subtitle E--Additional programs and activities
Sec. 751. Improvements to Department of Justice drug court grant
program.
Sec. 752. Drug courts funding.
Sec. 753. Feasibility study on Federal drug courts.
Sec. 754. Grants to hot spot areas to reduce availability of
methamphetamine.
Sec. 755. Grants for programs for drug-endangered children.
Sec. 756. Authority to award competitive grants to address
methamphetamine use by pregnant and parenting women
offenders.
TITLE I--USA PATRIOT IMPROVEMENT AND REAUTHORIZATION ACT
SEC. 101. REFERENCES TO, AND MODIFICATION OF SHORT TITLE FOR,
USA PATRIOT ACT.
(a) References to USA PATRIOT Act.--A reference in this Act
to the USA PATRIOT Act shall be deemed a reference to the
Uniting and Strengthening America by Providing Appropriate
Tools Required to Intercept and Obstruct Terrorism Act
(USA PATRIOT Act) of 2001.
(b) Modification of Short Title of USA PATRIOT Act.--
Section 1(a) of the USA PATRIOT Act is amended to read as
follows:
``(a) Short Title.--This Act may be cited as the `Uniting
and Strengthening America by Providing Appropriate Tools
Required to Intercept and Obstruct Terrorism Act of 2001' or
the `USA PATRIOT Act'.''.
SEC. 102. USA PATRIOT ACT SUNSET PROVISIONS.
(a) In General.--Section 224 of the USA PATRIOT Act is
repealed.
(b) Sections 206 and 215 Sunset.--
(1) In general.--Effective December 31, 2009, the Foreign
Intelligence Surveillance Act of 1978 is amended so that
sections 501, 502, and 105(c)(2) read as they read on October
25, 2001.
(2) Exception.--With respect to any particular foreign
intelligence investigation that began before the date on
which the provisions referred to in paragraph (1) cease to
have effect, or with respect to any particular offense or
potential offense that began or occurred before the date on
which such provisions cease to have effect, such provisions
shall continue in effect.
SEC. 103. EXTENSION OF SUNSET RELATING TO INDIVIDUAL
TERRORISTS AS AGENTS OF FOREIGN POWERS.
Section 6001(b) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3742)
is amended to read as follows:
``(b) Sunset.--
``(1) In general.--Except as provided in paragraph (2), the
amendment made by subsection (a) shall cease to have effect
on December 31, 2009.
``(2) Exception.--With respect to any particular foreign
intelligence investigation that began before the date on
which the provisions referred to in paragraph (1) cease to
have effect, or with respect to any particular offense or
potential offense that began or occurred before the date on
which the provisions cease to have effect, such provisions
shall continue in effect.''.
SEC. 104. SECTION 2332B AND THE MATERIAL SUPPORT SECTIONS OF
TITLE 18, UNITED STATES CODE.
Section 6603 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3762)
is amended by striking subsection (g).
SEC. 105. DURATION OF FISA SURVEILLANCE OF NON-UNITED STATES
PERSONS UNDER SECTION 207 OF THE USA PATRIOT
ACT.
(a) Electronic Surveillance.--Section 105(e) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1805(e)) is
amended--
(1) in paragraph (1)(B), by striking ``, as defined in
section 101(b)(1)(A)'' and inserting ``who is not a United
States person''; and
(2) in subsection (2)(B), by striking ``as defined in
section 101(b)(1)(A)'' and inserting ``who is not a United
States person''.
(b) Physical Search.--Section 304(d) of such Act (50 U.S.C.
1824(d)) is amended--
(1) in paragraph (1)(B), by striking ``as defined in
section 101(b)(1)(A)'' and inserting ``who is not a United
States person''; and
(2) in paragraph (2), by striking ``as defined in section
101(b)(1)(A)'' and inserting ``who is not a United States
person''.
(c) Pen Registers, Trap and Trace Devices.--Section 402(e)
of such Act (50 U.S.C. 1842(e)) is amended--
(1) by striking ``(e) An'' and inserting ``(e)(1) Except as
provided in paragraph (2), an''; and
(2) by adding at the end the following new paragraph:
``(2) In the case of an application under subsection (c)
where the applicant has certified that the information likely
to be obtained is foreign intelligence information not
concerning a United States person, an order, or an extension
of an order, under this section may be for a period not to
exceed one year.''.
SEC. 106. ACCESS TO CERTAIN BUSINESS RECORDS UNDER SECTION
215 OF THE USA PATRIOT ACT.
(a) Director Approval for Certain Applications.--Subsection
(a) of section 501 of the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1861(a)) is amended--
(1) in paragraph (1), by striking ``The Director'' and
inserting ``Subject to paragraph (3), the Director''; and
[[Page H11281]]
(2) by adding at the end the following:
``(3) In the case of an application for an order requiring
the production of library circulation records, library patron
lists, book sales records, book customer lists, firearms
sales records, tax return records, educational records, or
medical records containing information that would identify a
person, the Director of the Federal Bureau of Investigation
may delegate the authority to make such application to either
the Deputy Director of the Federal Bureau of Investigation or
the Executive Assistant Director for National Security (or
any successor position). The Deputy Director or the Executive
Assistant Director may not further delegate such
authority.''.
(b) Factual Basis for Requested Order.--Subsection (b)(2)
of such section is amended to read as follows:
``(2) shall include--
``(A) a statement of facts showing that there are
reasonable grounds to believe that the tangible things sought
are relevant to an authorized investigation (other than a
threat assessment) conducted in accordance with subsection
(a)(2) to obtain foreign intelligence information not
concerning a United States person or to protect against
international terrorism or clandestine intelligence
activities, such things being presumptively relevant to an
authorized investigation if the applicant shows in the
statement of the facts that they pertain to--
``(i) a foreign power or an agent of a foreign power;
``(ii) the activities of a suspected agent of a foreign
power who is the subject of such authorized investigation; or
``(iii) an individual in contact with, or known to, a
suspected agent of a foreign power who is the subject of such
authorized investigation; and
``(B) an enumeration of the minimization procedures adopted
by the Attorney General under subsection (g) that are
applicable to the retention and dissemination by the Federal
Bureau of Investigation of any tangible things to be made
available to the Federal Bureau of Investigation based on the
order requested in such application.''.
(c) Clarification of Judicial Discretion.--Subsection
(c)(1) of such section is amended to read as follows:
``(c)(1) Upon an application made pursuant to this section,
if the judge finds that the application meets the
requirements of subsections (a) and (b), the judge
shall enter an ex parte order as requested, or as
modified, approving the release of tangible things. Such
order shall direct that minimization procedures adopted
pursuant to subsection (g) be followed.''.
(d) Additional Protections.--Subsection (c)(2) of such
section is amended to read as follows:
``(2) An order under this subsection--
``(A) shall describe the tangible things that are ordered
to be produced with sufficient particularity to permit them
to be fairly identified;
``(B) shall include the date on which the tangible things
must be provided, which shall allow a reasonable period of
time within which the tangible things can be assembled and
made available;
``(C) shall provide clear and conspicuous notice of the
principles and procedures described in subsection (d);
``(D) may only require the production of a tangible thing
if such thing can be obtained with a subpoena duces tecum
issued by a court of the United States in aid of a grand jury
investigation or with any other order issued by a court of
the United States directing the production of records or
tangible things; and
``(E) shall not disclose that such order is issued for
purposes of an investigation described in subsection (a).''.
(e) Prohibition on Disclosure.--Subsection (d) of such
section is amended to read as follows:
``(d)(1) No person shall disclose to any other person that
the Federal Bureau of Investigation has sought or obtained
tangible things pursuant to an order under this section,
other than to--
``(A) those persons to whom disclosure is necessary to
comply with such order;
``(B) an attorney to obtain legal advice or assistance with
respect to the production of things in response to the order;
or
``(C) other persons as permitted by the Director of the
Federal Bureau of Investigation or the designee of the
Director.
``(2)(A) A person to whom disclosure is made pursuant to
paragraph (1) shall be subject to the nondisclosure
requirements applicable to a person to whom an order is
directed under this section in the same manner as such
person.
``(B) Any person who discloses to a person described in
subparagraphs (A), (B), or (C) of paragraph (1) that the
Federal Bureau of Investigation has sought or obtained
tangible things pursuant to an order under this section
shall notify such person of the nondisclosure requirements
of this subsection.
``(C) At the request of the Director of the Federal Bureau
of Investigation or the designee of the Director, any person
making or intending to make a disclosure under this section
shall identify to the Director or such designee the person to
whom such disclosure will be made or to whom such disclosure
was made prior to the request, but in no circumstance shall a
person be required to inform the Director or such designee
that the person intends to consult an attorney to obtain
legal advice or legal assistance.''.
(f) Judicial Review.--
(1) Petition review pool.--Section 103 of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1803) is
amended by adding at the end the following new subsection:
``(e)(1) Three judges designated under subsection (a) who
reside within 20 miles of the District of Columbia, or, if
all of such judges are unavailable, other judges of the court
established under subsection (a) as may be designated by the
presiding judge of such court, shall comprise a petition
review pool which shall have jurisdiction to review petitions
filed pursuant to section 501(f)(1).
``(2) Not later than 60 days after the date of the
enactment of the USA PATRIOT Improvement and Reauthorization
Act of 2005, the court established under subsection (a) shall
adopt and, consistent with the protection of national
security, publish procedures for the review of petitions
filed pursuant to section 501(f)(1) by the panel established
under paragraph (1). Such procedures shall provide that
review of a petition shall be conducted in camera and shall
also provide for the designation of an acting presiding
judge.''.
(2) Proceedings.--Section 501 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1861) is further amended
by adding at the end the following new subsection:
``(f)(1) A person receiving an order to produce any
tangible thing under this section may challenge the legality
of that order by filing a petition with the pool established
by section 103(e)(1). The presiding judge shall immediately
assign the petition to one of the judges serving in such
pool. Not later than 72 hours after the assignment of such
petition, the assigned judge shall conduct an initial review
of the petition. If the assigned judge determines that the
petition is frivolous, the assigned judge shall immediately
deny the petition and affirm the order. If the assigned judge
determines the petition is not frivolous, the assigned judge
shall promptly consider the petition in accordance with the
procedures established pursuant to section 103(e)(2). The
judge considering the petition may modify or set aside the
order only if the judge finds that the order does not meet
the requirements of this section or is otherwise unlawful. If
the judge does not modify or set aside the order, the judge
shall immediately affirm the order and order the recipient to
comply therewith. The assigned judge shall promptly provide a
written statement for the record of the reasons for any
determination under this paragraph.
``(2) A petition for review of a decision to affirm,
modify, or set aside an order by the United States or any
person receiving such order shall be to the court of review
established under section 103(b), which shall have
jurisdiction to consider such petitions. The court of review
shall provide for the record a written statement of the
reasons for its decision and, on petition of the United
States or any person receiving such order for writ of
certiorari, the record shall be transmitted under seal to the
Supreme Court, which shall have jurisdiction to review such
decision.
``(3) Judicial proceedings under this subsection shall be
concluded as expeditiously as possible. The record of
proceedings, including petitions filed, orders granted, and
statements of reasons for decision, shall be maintained under
security measures established by the Chief Justice of the
United States in consultation with the Attorney General and
the Director of National Intelligence.
``(4) All petitions under this subsection shall be filed
under seal. In any proceedings under this subsection, the
court shall, upon request of the government, review ex parte
and in camera any government submission, or portions thereof,
which may include classified information.''.
(g) Minimization Procedures and Use of Information.--
Section 501 of the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. 1861) is further amended by adding at the end
the following new subsections:
``(g) Minimization Procedures.--
``(1) In general.--Not later than 180 days after the date
of the enactment of the USA PATRIOT Improvement and
Reauthorization Act of 2005, the Attorney General shall adopt
specific minimization procedures governing the retention and
dissemination by the Federal Bureau of Investigation of any
tangible things, or information therein, received by the
Federal Bureau of Investigation in response to an order under
this title.
``(2) Defined.--In this section, the term `minimization
procedures' means--
``(A) specific procedures that are reasonably designed in
light of the purpose and technique of an order for the
production of tangible things, to minimize the retention, and
prohibit the dissemination, of nonpublicly available
information concerning unconsenting United States persons
consistent with the need of the United States to obtain,
produce, and disseminate foreign intelligence information;
``(B) procedures that require that nonpublicly available
information, which is not foreign intelligence information,
as defined in section 101(e)(1), shall not be disseminated in
a manner that identifies any United States person, without
such person's consent, unless such person's identity is
necessary to understand foreign intelligence information or
assess its importance; and
``(C) notwithstanding subparagraphs (A) and (B), procedures
that allow for the retention and dissemination of information
that is evidence of a crime which has been, is being, or is
about to be committed and that is to be retained or
disseminated for law enforcement purposes.
``(h) Use of Information.--Information acquired from
tangible things received by the Federal Bureau of
Investigation in response to an order under this title
concerning any United 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.''.
[[Page H11282]]
(h) Enhanced Oversight.--Section 502 of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1862) is
amended--
(1) in subsection (a)--
(A) by striking ``semiannual basis'' and inserting ``annual
basis''; and
(B) by inserting ``and the Committee on the Judiciary''
after ``and the Select Committee on Intelligence'';
(2) in subsection (b)--
(A) by striking ``On a semiannual basis'' and all that
follows through ``the preceding 6-month period'' and
inserting ``In April of each year, the Attorney General shall
submit to the House and Senate Committees on the Judiciary
and the House Permanent Select Committee on Intelligence and
the Senate Select Committee on Intelligence a report setting
forth with respect to the preceding calendar year'';
(B) in paragraph (1), by striking ``and'' at the end;
(C) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(D) by adding at the end the following new paragraph:
``(3) the number of such orders either granted, modified,
or denied for the production of each of the following:
``(A) Library circulation records, library patron lists,
book sales records, or book customer lists.
``(B) Firearms sales records.
``(C) Tax return records.
``(D) Educational records.
``(E) Medical records containing information that would
identify a person.''; and
(3) by adding at the end the following new subsection:
``(c)(1) In April of each year, the Attorney General shall
submit to Congress a report setting forth with respect to the
preceding year--
``(A) the total number of applications made for orders
approving requests for the production of tangible things
under section 501; and
``(B) the total number of such orders either granted,
modified, or denied.
``(2) Each report under this subsection shall be submitted
in unclassified form.''.
SECTION 106A. AUDIT ON ACCESS TO CERTAIN BUSINESS RECORDS FOR
FOREIGN INTELLIGENCE PURPOSES.
(a) Audit.--The Inspector General of the Department of
Justice shall perform a comprehensive audit of the
effectiveness and use, including any improper or illegal use,
of the investigative authority provided to the Federal Bureau
of Investigation under title V of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1861 et seq.).
(b) Requirements.--The audit required under subsection (a)
shall include--
(1) an examination of each instance in which the Attorney
General, any other officer, employee, or agent of the
Department of Justice, the Director of the Federal Bureau of
Investigation, or a designee of the Director, submitted an
application to the Foreign Intelligence Surveillance Court
(as such term is defined in section 301(3) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1821(3)))
for an order under section 501 of such Act during the
calendar years of 2002 through 2006, including--
(A) whether the Federal Bureau of Investigation requested
that the Department of Justice submit an application and the
request was not submitted to the court (including an
examination of the basis for not submitting the application);
(B) whether the court granted, modified, or denied the
application (including an examination of the basis for any
modification or denial);
(2) the justification for the failure of the Attorney
General to issue implementing procedures governing requests
for the production of tangible things under such section in a
timely fashion, including whether such delay harmed national
security;
(3) whether bureaucratic or procedural impediments to the
use of such requests for production prevent the Federal
Bureau of Investigation from taking full advantage of the
authorities provided under section 501 of such Act;
(4) any noteworthy facts or circumstances relating to
orders under such section, including any improper or illegal
use of the authority provided under such section; and
(5) an examination of the effectiveness of such section as
an investigative tool, including--
(A) the categories of records obtained and the importance
of the information acquired to the intelligence activities of
the Federal Bureau of Investigation or any other Department
or agency of the Federal Government;
(B) the manner in which such information is collected,
retained, analyzed, and disseminated by the Federal Bureau of
Investigation, including any direct access to such
information (such as access to ``raw data'') provided to any
other Department, agency, or instrumentality of Federal,
State, local, or tribal governments or any private sector
entity;
(C) with respect to calendar year 2006, an examination of
the minimization procedures adopted by the Attorney General
under section 501(g) of such Act and whether such
minimization procedures protect the constitutional rights of
United States persons;
(D) whether, and how often, the Federal Bureau of
Investigation utilized information acquired pursuant to an
order under section 501 of such Act to produce an analytical
intelligence product for distribution within the Federal
Bureau of Investigation, to the intelligence community (as
such term is defined in section 3(4) of the National Security
Act of 1947 (50 U.S.C. 401a(4))), or to other Federal, State,
local, or tribal government Departments, agencies, or
instrumentalities; and
(E) whether, and how often, the Federal Bureau of
Investigation provided such information to law enforcement
authorities for use in criminal proceedings.
(c) Submission Dates.--
(1) Prior years.--Not later than one year after the date of
the enactment of this Act, or upon completion of the audit
under this section for calendar years 2002, 2003, and 2004,
whichever is earlier, the Inspector General of the Department
of Justice shall submit to the Committee on the Judiciary and
the Permanent Select Committee on Intelligence of the House
of Representatives and the Committee on the Judiciary and the
Select Committee on Intelligence of the Senate a report
containing the results of the audit conducted under this
section for calendar years 2002, 2003, and 2004.
(2) Calendar years 2005 and 2006.--Not later than December
31, 2007, or upon completion of the audit under this section
for calendar years 2005 and 2006, whichever is earlier, the
Inspector General of the Department of Justice shall submit
to the Committee on the Judiciary and the Permanent Select
Committee on Intelligence of the House of Representatives and
the Committee on the Judiciary and the Select Committee on
Intelligence of the Senate a report containing the results of
the audit conducted under this section for calendar years
2005 and 2006.
(d) Prior Notice to Attorney General and Director of
National Intelligence; Comments.--
(1) Notice.--Not less than 30 days before the submission of
a report under subsections (c)(1) or (c)(2), the Inspector
General of the Department of Justice shall provide such
report to the Attorney General and the Director of National
Intelligence.
(2) Comments.--The Attorney General or the Director of
National Intelligence may provide comments to be included in
the reports submitted under subsections (c)(1) and (c)(2) as
the Attorney General or the Director of National Intelligence
may consider necessary.
(e) Unclassified Form.--The reports submitted under
subsection (c)(1) and (c)(2) and any comments included under
subsection (d)(2) shall be in unclassified form, but may
include a classified annex.
SEC. 107. ENHANCED OVERSIGHT OF GOOD-FAITH EMERGENCY
DISCLOSURES UNDER SECTION 212 OF THE USA
PATRIOT ACT.
(a) Enhanced Oversight.--Section 2702 of title 18, United
States Code, is amended by adding at the end the following:
``(d) Reporting of Emergency Disclosures.--On an annual
basis, the Attorney General shall submit to the Committee on
the Judiciary of the House of Representatives and the
Committee on the Judiciary of the Senate a report
containing--
``(1) the number of accounts from which the Department of
Justice has received voluntary disclosures under subsection
(b)(8); and
``(2) a summary of the basis for disclosure in those
instances where--
``(A) voluntary disclosures under subsection (b)(8) were
made to the Department of Justice; and
``(B) the investigation pertaining to those disclosures was
closed without the filing of criminal charges.''.
(b) Technical Amendments to Conform Communications and
Customer Records Exceptions.--
(1) Voluntary disclosures.--Section 2702 of title 18,
United States Code, is amended--
(A) in subsection (b)(8), by striking ``Federal, State, or
local''; and
(B) by striking paragraph (4) of subsection (c) and
inserting the following:
``(4) to a governmental entity, if the provider, in good
faith, believes that an emergency involving danger of death
or serious physical injury to any person requires disclosure
without delay of information relating to the emergency;''.
(2) Definitions.--Section 2711 of title 18, United States
Code, is amended--
(A) in paragraph (2), by striking ``and'' at the end;
(B) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(4) the term `governmental entity' means a department or
agency of the United States or any State or political
subdivision thereof.''.
(c) Additional Exception.--Section 2702(a) of title 18,
United States Code, is amended by inserting ``or (c)'' after
``Except as provided in subsection (b)''.
SEC. 108. MULTIPOINT ELECTRONIC SURVEILLANCE UNDER SECTION
206 OF THE USA PATRIOT ACT.
(a) Inclusion of Specific Facts in Application.--
(1) Application.--Section 104(a)(3) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1804(a)(3))
is amended by inserting ``specific'' after ``description of
the''.
(2) Order.--Subsection (c) of section 105 of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1805(c)) is
amended--
(A) in paragraph (1)(A) by striking ``target of the
electronic surveillance'' and inserting ``specific target of
the electronic surveillance identified or described in the
application pursuant to section 104(a)(3)''; and
(B) in paragraph (2)(B), by striking ``where the Court
finds'' and inserting ``where the Court finds, based upon
specific facts provided in the application,''.
(b) Additional Directions.--Such subsection is further
amended--
(1) by striking ``An order approving'' and all that follows
through ``specify'' and inserting ``(1) specifications.--An
order approving an electronic surveillance under this section
shall specify'';
(2) in paragraph (1)(F), by striking ``; and'' and
inserting a period;
(3) in paragraph (2), by striking ``direct'' and inserting
``Directions.--An order approving an electronic surveillance
under this section shall direct''; and
(4) by adding at the end the following new paragraph:
[[Page H11283]]
``(3) Special directions for certain orders.--An order
approving an electronic surveillance under this section in
circumstances where the nature and location of each of the
facilities or places at which the surveillance will be
directed is unknown shall direct the applicant to provide
notice to the court within ten days after the date on which
surveillance begins to be directed at any new facility or
place, unless the court finds good cause to justify a longer
period of up to 60 days, of--
``(A) the nature and location of each new facility or place
at which the electronic surveillance is directed;
``(B) the facts and circumstances relied upon by the
applicant to justify the applicant's belief that each new
facility or place at which the electronic surveillance is
directed is or was being used, or is about to be used, by the
target of the surveillance;
``(C) a statement of any proposed minimization procedures
that differ from those contained in the original application
or order, that may be necessitated by a change in the
facility or place at which the electronic surveillance is
directed; and
``(D) the total number of electronic surveillances that
have been or are being conducted under the authority of the
order.''.
(c) Enhanced Oversight.--
(1) Report to congress.--Section 108(a)(1) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1808(a)(1))
is amended by inserting ``, and the Committee on the
Judiciary of the Senate,'' after ``Senate Select Committee on
Intelligence''.
(2) Modification of semiannual report requirement on
activities under foreign intelligence surveillance act of
1978.--Paragraph (2) of section 108(a) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1808(a)) is
amended to read as follows:
``(2) Each report under the first sentence of paragraph (1)
shall include a description of--
``(A) the total number of applications made for orders and
extensions of orders approving electronic surveillance under
this title where the nature and location of each facility or
place at which the electronic surveillance will be directed
is unknown;
``(B) each criminal case in which information acquired
under this Act has been authorized for use at trial during
the period covered by such report; and
``(C) the total number of emergency employments of
electronic surveillance under section 105(f) and the total
number of subsequent orders approving or denying such
electronic surveillance.''.
SEC. 109. ENHANCED CONGRESSIONAL OVERSIGHT.
(a) Emergency Physical Searches.--Section 306 of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1826) is amended--
(1) in the first sentence, by inserting ,`` and the
Committee on the Judiciary of the Senate,'' after ``the
Senate'';
(2) in the second sentence, by striking ``and the
Committees on the Judiciary of the House of Representatives
and the Senate'' and inserting ``and the Committee on the
Judiciary of the House of Representatives'';
(3) in paragraph (2), by striking ``and'' at the end;
(4) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(5) by adding at the end the following:
``(4) the total number of emergency physical searches
authorized by the Attorney General under section 304(e) and
the total number of subsequent orders approving or denying
such physical searches.''.
(b) Emergency Pen Registers and Trap and Trace Devices.--
Section 406(b) of the Foreign Intelligence Surveillance Act
of 1978 (50 U.S.C. 1846(b)) is amended--
(1) in paragraph (1), by striking ``and'' at the end;
(2) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(3) the total number of pen registers and trap and trace
devices whose installation and use was authorized by the
Attorney General on an emergency basis under section 403, and
the total number of subsequent orders approving or denying
the installation and use of such pen registers and trap and
trace devices.''.
(c) Additional Report.--At the beginning and midpoint of
each fiscal year, the Secretary of Homeland Security shall
submit to the Committees on the Judiciary of the House of
Representatives and the Senate, a written report providing a
description of internal affairs operations at U.S.
Citizenship and Immigration Services, including the general
state of such operations and a detailed description of
investigations that are being conducted (or that were
conducted during the previous six months) and the resources
devoted to such investigations. The first such report shall
be submitted not later than April 1, 2006.
(d) Rules and Procedures for FISA Courts.--Section 103 of
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1803) is amended by adding at the end the following:
``(f)(1) The courts established pursuant to subsections (a)
and (b) may establish such rules and procedures, and take
such actions, as are reasonably necessary to administer their
responsibilities under this Act.
``(2) The rules and procedures established under paragraph
(1), and any modifications of such rules and procedures,
shall be recorded, and shall be transmitted to the following:
``(A) All of the judges on the court established pursuant
to subsection (a).
``(B) All of the judges on the court of review established
pursuant to subsection (b).
``(C) The Chief Justice of the United States.
``(D) The Committee on the Judiciary of the Senate.
``(E) The Select Committee on Intelligence of the Senate.
``(F) The Committee on the Judiciary of the House of
Representatives.
``(G) The Permanent Select Committee on Intelligence of the
House of Representatives.
``(3) The transmissions required by paragraph (2) shall be
submitted in unclassified form, but may include a classified
annex.''.
SEC. 110. ATTACKS AGAINST RAILROAD CARRIERS AND MASS
TRANSPORTATION SYSTEMS.
(a) In General.--Chapter 97 of title 18, United States
Code, is amended by striking sections 1992 through 1993 and
inserting the following:
``Sec. 1992. Terrorist attacks and other violence against
railroad carriers and against mass transportation systems
on land, on water, or through the air
``(a) General Prohibitions.--Whoever, in a circumstance
described in subsection (c), knowingly and without lawful
authority or permission--
``(1) wrecks, derails, sets fire to, or disables railroad
on-track equipment or a mass transportation vehicle;
``(2) places any biological agent or toxin, destructive
substance, or destructive device in, upon, or near railroad
on-track equipment or a mass transportation vehicle with
intent to endanger the safety of any person, or with a
reckless disregard for the safety of human life;
``(3) places or releases a hazardous material or a
biological agent or toxin on or near any property described
in subparagraph (A) or (B) of paragraph (4), with intent to
endanger the safety of any person, or with reckless disregard
for the safety of human life;
``(4) sets fire to, undermines, makes unworkable, unusable,
or hazardous to work on or use, or places any biological
agent or toxin, destructive substance, or destructive device
in, upon, or near any--
``(A) tunnel, bridge, viaduct, trestle, track,
electromagnetic guideway, signal, station, depot, warehouse,
terminal, or any other way, structure, property, or
appurtenance used in the operation of, or in support of the
operation of, a railroad carrier, and with intent to, or
knowing or having reason to know, such activity would likely,
derail, disable, or wreck railroad on-track equipment; or
``(B) garage, terminal, structure, track, electromagnetic
guideway, supply, or facility used in the operation of, or in
support of the operation of, a mass transportation vehicle,
and with intent to, or knowing or having reason to know, such
activity would likely, derail, disable, or wreck a mass
transportation vehicle used, operated, or employed by a mass
transportation provider;
``(5) removes an appurtenance from, damages, or otherwise
impairs the operation of a railroad signal system or mass
transportation signal or dispatching system, including a
train control system, centralized dispatching system, or
highway-railroad grade crossing warning signal;
``(6) with intent to endanger the safety of any person, or
with a reckless disregard for the safety of human life,
interferes with, disables, or incapacitates any dispatcher,
driver, captain, locomotive engineer, railroad conductor, or
other person while the person is employed in dispatching,
operating, controlling, or maintaining railroad on-track
equipment or a mass transportation vehicle;
``(7) commits an act, including the use of a dangerous
weapon, with the intent to cause death or serious bodily
injury to any person who is on property described in
subparagraph (A) or (B) of paragraph (4);
``(8) surveils, photographs, videotapes, diagrams, or
otherwise collects information with the intent to plan or
assist in planning any of the acts described in the
paragraphs (1) through (6);
``(9) conveys false information, knowing the information to
be false, concerning an attempt or alleged attempt to engage
in a violation of this subsection; or
``(10) attempts, threatens, or conspires to engage in any
violation of any of paragraphs (1) through (9),
shall be fined under this title or imprisoned not more than
20 years, or both, and if the offense results in the death of
any person, shall be imprisoned for any term of years or for
life, or subject to death, except in the case of a violation
of paragraphs (8), (9), or (10).
``(b) Aggravated Offense.--Whoever commits an offense under
subsection (a) of this section in a circumstance in which--
``(1) the railroad on-track equipment or mass
transportation vehicle was carrying a passenger or employee
at the time of the offense,
``(2) the railroad on-track equipment or mass
transportation vehicle was carrying high-level radioactive
waste or spent nuclear fuel at the time of the offense, or
``(3) the offense was committed with the intent to endanger
the safety of any person, or with a reckless disregard for
the safety of any person, and the railroad on-track equipment
or mass transportation vehicle was carrying a hazardous
material at the time of the offense that--
``(A) was required to be placarded under subpart F of part
172 of title 49, Code of Federal Regulations, and
``(B) is identified as class number 3, 4, 5, 6.1, or 8 and
packing group I or packing group II, or class number 1, 2, or
7 under the hazardous materials table of section 172.101 of
title 49, Code of Federal Regulations,
shall be fined under this title or imprisoned for any term of
years or life, or both, and if the offense resulted in the
death of any person, the person may be sentenced to death.
``(c) Circumstances Required for Offense.--A circumstance
referred to in subsection (a) is any of the following:
[[Page H11284]]
``(1) Any of the conduct required for the offense is, or,
in the case of an attempt, threat, or conspiracy to engage in
conduct, the conduct required for the completed offense would
be, engaged in, on, against, or affecting a mass
transportation provider, or a railroad carrier engaged in
interstate or foreign commerce.
``(2) Any person travels or communicates across a State
line in order to commit the offense, or transports materials
across a State line in aid of the commission of the offense.
``(d) Definitions.--In this section--
``(1) the term `biological agent' has the meaning given to
that term in section 178(1);
``(2) the term `dangerous weapon' means a weapon, device,
instrument, material, or substance, animate or inanimate,
that is used for, or is readily capable of, causing death or
serious bodily injury, including a pocket knife with a blade
of less than 2\1/2\ inches in length and a box cutter;
``(3) the term `destructive device' has the meaning given
to that term in section 921(a)(4);
``(4) the term `destructive substance' means an explosive
substance, flammable material, infernal machine, or other
chemical, mechanical, or radioactive device or material, or
matter of a combustible, contaminative, corrosive, or
explosive nature, except that the term `radioactive device'
does not include any radioactive device or material used
solely for medical, industrial, research, or other peaceful
purposes;
``(5) the term `hazardous material' has the meaning given
to that term in chapter 51 of title 49;
``(6) the term `high-level radioactive waste' has the
meaning given to that term in section 2(12) of the Nuclear
Waste Policy Act of 1982 (42 U.S.C. 10101(12));
``(7) the term `mass transportation' has the meaning given
to that term in section 5302(a)(7) of title 49, except that
the term includes school bus, charter, and sightseeing
transportation and passenger vessel as that term is defined
in section 2101(22) of title 46, United States Code;
``(8) the term `on-track equipment' means a carriage or
other contrivance that runs on rails or electromagnetic
guideways;
``(9) the term `railroad on-track equipment' means a train,
locomotive, tender, motor unit, freight or passenger car, or
other on-track equipment used, operated, or employed by a
railroad carrier;
``(10) the term `railroad' has the meaning given to that
term in chapter 201 of title 49;
``(11) the term `railroad carrier' has the meaning given to
that term in chapter 201 of title 49;
``(12) the term `serious bodily injury' has the meaning
given to that term in section 1365;
``(13) the term `spent nuclear fuel' has the meaning given
to that term in section 2(23) of the Nuclear Waste Policy Act
of 1982 (42 U.S.C. 10101(23));
``(14) the term `State' has the meaning given to that term
in section 2266;
``(15) the term `toxin' has the meaning given to that term
in section 178(2); and
``(16) the term `vehicle' means any carriage or other
contrivance used, or capable of being used, as a means of
transportation on land, on water, or through the air.''.
(b) Conforming Amendments.--
(1) The table of sections at the beginning of chapter 97 of
title 18, United States Code, is amended--
(A) by striking ``RAILROADS'' in the chapter heading and
inserting ``RAILROAD CARRIERS AND MASS TRANSPORTATION SYSTEMS
ON LAND, ON WATER, OR THROUGH THE AIR'';
(B) by striking the items relating to sections 1992 and
1993; and
(C) by inserting after the item relating to section 1991
the following:
``1992. Terrorist attacks and other violence against railroad carriers
and against mass transportation systems on land, on
water, or through the air.''.
(2) The table of chapters at the beginning of part I of
title 18, United States Code, is amended by striking the item
relating to chapter 97 and inserting the following:
``97. Railroad carriers and mass transportation systems on land, on
water, or through the air...................................1991''.
(3) Title 18, United States Code, is amended--
(A) in section 2332b(g)(5)(B)(i), by striking ``1992
(relating to wrecking trains), 1993 (relating to terrorist
attacks and other acts of violence against mass
transportation systems),'' and inserting ``1992 (relating to
terrorist attacks and other acts of violence against railroad
carriers and against mass transportation systems on land, on
water, or through the air),'';
(B) in section 2339A, by striking ``1993,''; and
(C) in section 2516(1)(c) by striking ``1992 (relating to
wrecking trains),''.
SEC. 111. FORFEITURE.
Section 981(a)(1)(B)(i) of title 18, United States Code, is
amended by inserting ``trafficking in nuclear, chemical,
biological, or radiological weapons technology or material,
or'' after ``involves''.
SEC. 112. SECTION 2332B(G)(5)(B) AMENDMENTS RELATING TO THE
DEFINITION OF FEDERAL CRIME OF TERRORISM.
(a) Additional Offenses.--Section 2332b(g)(5)(B) of title
18, United States Code, is amended--
(1) in clause (i), by inserting ``, 2339D (relating to
military-type training from a foreign terrorist
organization)'' before ``, or 2340A'';
(2) in clause (ii), by striking ``or'' after the semicolon;
(3) in clause (iii), by striking the period and inserting
``; or''
(4) by inserting after clause (iii) the following:
``(iv) section 1010A of the Controlled Substances Import
and Export Act (relating to narco-terrorism).''.
(b) Clerical Correction.--Section 2332b(g)(5)(B) of title
18, United States Code, is amended by inserting ``)'' after
``2339C (relating to financing of terrorism''.
SEC. 113. AMENDMENTS TO SECTION 2516(1) OF TITLE 18, UNITED
STATES CODE.
(a) Paragraph (a) Amendment.--Section 2516(1)(a) of title
18, United States Code, is amended by inserting ``chapter 10
(relating to biological weapons)'' after ``under the
following chapters of this title:''.
(b) Paragraph (c) Amendment.--Section 2516(1)(c) of title
18, United States Code, is amended--
(1) by inserting ``section 37 (relating to violence at
international airports), section 43 (relating to animal
enterprise terrorism),'' after ``the following sections of
this title:'';
(2) by inserting ``section 832 (relating to nuclear and
weapons of mass destruction threats), section 842 (relating
to explosive materials), section 930 (relating to possession
of weapons in Federal facilities),'' after ``section 751
(relating to escape),'';
(3) by inserting ``section 1114 (relating to officers and
employees of the United States), section 1116 (relating to
protection of foreign officials),'' after ``section 1014
(relating to loans and credit applications generally;
renewals and discounts),'';
(4) by inserting ``section 1992 (relating to terrorist
attacks against mass transportation),'' after ``section 1344
(relating to bank fraud),'';
(5) by inserting ``section 2340A (relating to torture),''
after ``section 2321 (relating to trafficking in certain
motor vehicles or motor vehicle parts),'';
(6) by inserting ``section 81 (arson within special
maritime and territorial jurisdiction),'' before ``section
201 (bribery of public officials and witnesses)''; and
(7) by inserting ``section 956 (conspiracy to harm persons
or property overseas),'' after ``section 175c (relating to
variola virus)''.
(c) Paragraph (g) Amendment.--Section 2516(1)(g) of title
18, United States Code, is amended by inserting before the
semicolon ``, or section 5324 of title 31, United States Code
(relating to structuring transactions to evade reporting
requirement prohibited)'' .
(d) Paragraph (j) Amendment.--Section 2516(1)(j) of title
18, United States Code, is amended--
(1) by striking ``or'' before ``section 46502 (relating to
aircraft piracy)'' and inserting a comma after ``section
60123(b) (relating to the destruction of a natural gas
pipeline''; and
(2) by inserting ``, the second sentence of section 46504
(relating to assault on a flight crew with dangerous weapon),
or section 46505(b)(3) or (c) (relating to explosive or
incendiary devices, or endangerment of human life, by means
of weapons on aircraft)'' before of ``title 49''.
(e) Paragraph (p) Amendment.--Section 2516(1)(p) of title
18, United States Code, is amended by inserting ``, section
1028A (relating to aggravated identity theft)'' after ``other
documents''.
(f) Paragraph (q) Amendment.--Section 2516(1)(q) of title
18, United States Code, is amended--
(1) by inserting ``2339'' after ``2232h'';
(2) by striking ``or'' before ``2339C''; and
(3) by inserting ``, or 2339D'' after ``2339C''.
(g) Amendment of Predicate Crimes for Authorization for
Interception of Wire, Oral, and Electronic Communications.--
Section 2516(1) of title 18, United State Code, is amended--
(1) in subparagraph (q), by striking ``or'' after the
semicolon;
(2) by redesignating subparagraph (r) as subparagraph (s);
and
(3) by adding after subparagraph (q) the following:
``(r) any criminal violation of section 1 (relating to
illegal restraints of trade or commerce), 2 (relating to
illegal monopolizing of trade or commerce), or 3 (relating to
illegal restraints of trade or commerce in territories or the
District of Columbia) of the Sherman Act (15 U.S.C. 1, 2, 3);
or''.
SEC. 114. DELAYED NOTICE SEARCH WARRANTS.
(a) Limitation on Reasonable Period for Delay.--Section
3103a of title 18, United States Code, is amended--
(1) by striking subsection (b)(3) and inserting the
following:
``(3) the warrant provides for the giving of such notice
within a reasonable period not to exceed 30 days after the
date of its execution, or on a later date certain if the
facts of the case justify a longer period of delay. ''.
(2) by adding at the end the following:
``(c) Extensions of Delay.--Any period of delay authorized
by this section may be extended by the court for good cause
shown, subject to the condition that extensions should only
be granted upon an updated showing of the need for further
delay and that each additional delay should be limited to
periods of 90 days or less, unless the facts of the case
justify a longer period of delay.''.
(b) Limitation on Authority to Delay Notice .--Section
3103a(b)(1) of title 18, United States Code, is amended by
inserting ``, except if the adverse results consist only of
unduly delaying a trial'' after ``2705''.
(c) Enhanced Oversight.--Section 3103a of title 18, United
States Code, is further amended by adding at the end the
following:
``(d) Reports.--
``(1) Report by judge.--Not later than 30 days after the
expiration of a warrant authorizing delayed notice (including
any extension thereof) entered under this section, or the
denial of such warrant (or request for extension), the
issuing or denying judge shall report to the Administrative
Office of the United States Courts--
``(A) the fact that a warrant was applied for;
``(B) the fact that the warrant or any extension thereof
was granted as applied for, was modified, or was denied;
[[Page H11285]]
``(C) the period of delay in the giving of notice
authorized by the warrant, and the number and duration of any
extensions; and
``(D) the offense specified in the warrant or application.
``(2) Report by administrative office of the united states
courts.--Beginning with the fiscal year ending September 30,
2007, the Director of the Administrative Office of the United
States Courts shall transmit to Congress annually a full and
complete report summarizing the data required to be filed
with the Administrative Office by paragraph (1), including
the number of applications for warrants and extensions of
warrants authorizing delayed notice, and the number of such
warrants and extensions granted or denied during the
preceding fiscal year.
``(3) Regulations.--The Director of the Administrative
Office of the United States Courts, in consultation with the
Attorney General, is authorized to issue binding regulations
dealing with the content and form of the reports required to
be filed under paragraph (1).''.
SEC. 115. JUDICIAL REVIEW OF NATIONAL SECURITY LETTERS.
Chapter 223 of title 18, United States Code, is amended--
(1) by inserting at the end of the table of sections the
following new item:
``3511. Judicial review of requests for information.'';
and
(3) by inserting after section 3510 the following:
``Sec. 3511. Judicial review of requests for information
``(a) The recipient of a request for records, a report, or
other information under section 2709(b) of this title,
section 626(a) or (b) or 627(a) of the Fair Credit Reporting
Act, section 1114(a)(5)(A) of the Right to Financial Privacy
Act, or section 802(a) of the National Security Act of 1947
may, in the United States district court for the district in
which that person or entity does business or resides,
petition for an order modifying or setting aside the request.
The court may modify or set aside the request if compliance
would be unreasonable, oppressive, or otherwise unlawful.
``(b)(1) The recipient of a request for records, a report,
or other information under section 2709(b) of this title,
section 626(a) or (b) or 627(a) of the Fair Credit Reporting
Act, section 1114(a)(5)(A) of the Right to Financial Privacy
Act, or section 802(a) of the National Security Act of 1947,
may petition any court described in subsection (a) for an
order modifying or setting aside a nondisclosure requirement
imposed in connection with such a request.
``(2) If the petition is filed within one year of the
request for records, a report, or other information under
section 2709(b) of this title, section 626(a) or (b) or
627(a) of the Fair Credit Reporting Act, section
1114(a)(5)(A) of the Right to Financial Privacy Act, or
section 802(a) of the National Security Act of 1947, the
court may modify or set aside such a nondisclosure
requirement if it finds that there is no reason to believe
that disclosure may endanger the national security of the
United States, interfere with a criminal, counterterrorism,
or counterintelligence investigation, interfere with
diplomatic relations, or endanger the life or physical safety
of any person. If, at the time of the petition, the Attorney
General, Deputy Attorney General, an Assistant Attorney
General, or the Director of the Federal Bureau of
Investigation, or in the case of a request by a department,
agency, or instrumentality of the Federal Government other
than the Department of Justice, the head or deputy head of
such department, agency, or instrumentality, certifies that
disclosure may endanger the national security of the United
States or interfere with diplomatic relations, such
certification shall be treated as conclusive unless the court
finds that the certification was made in bad faith.
``(3) If the petition is filed one year or more after the
request for records, a report, or other information under
section 2709(b) of this title, section 626(a) or (b) or
627(a) of the Fair Credit Reporting Act, section 1114
(a)(5)(A) of the Right to Financial Privacy Act, or section
802(a) of the National Security Act of 1947, the Attorney
General, Deputy Attorney General, an Assistant Attorney
General, or the Director of the Federal Bureau of
Investigation, or his designee in a position not lower than
Deputy Assistant Director at Bureau headquarters or a Special
Agent in Charge in a Bureau field office designated by the
Director, or in the case of a request by a department,
agency, or instrumentality of the Federal Government other
than the Federal Bureau of Investigation, the head or deputy
head of such department, agency, or instrumentality, within
ninety days of the filing of the petition, shall either
terminate the nondisclosure requirement or re-certify that
disclosure may result in a danger to the national security of
the United States, interference with a criminal,
counterterrorism, or counterintelligence investigation,
interference with diplomatic relations, or danger to the life
or physical safety of any person. In the event of re-
certification, the court may modify or set aside such a
nondisclosure requirement if it finds that there is no reason
to believe that disclosure may endanger the national security
of the United States, interfere with a criminal,
counterterrorism, or counterintelligence investigation,
interfere with diplomatic relations, or endanger the life or
physical safety of any person. If the recertification that
disclosure may endanger the national security of the United
States or interfere with diplomatic relations is made by the
Attorney General, Deputy Attorney General, an Assistant
Attorney General, or the Director of the Federal Bureau of
Investigation, such certification shall be treated as
conclusive unless the court finds that the recertification
was made in bad faith. If the court denies a petition for an
order modifying or setting aside a nondisclosure requirement
under this paragraph, the recipient shall be precluded for a
period of one year from filing another petition to modify or
set aside such nondisclosure requirement.
``(c) In the case of a failure to comply with a request for
records, a report, or other information made to any person or
entity under section 2709(b) of this title, section 626(a)
or (b) or 627(a) of the Fair Credit Reporting Act, section
1114(a)(5)(A) of the Right to Financial Privacy Act, or
section 802(a) of the National Security Act of 1947, the
Attorney General may invoke the aid of any district court
of the United States within the jurisdiction in which the
investigation is carried on or the person or entity
resides, carries on business, or may be found, to compel
compliance with the request. The court may issue an order
requiring the person or entity to comply with the request.
Any failure to obey the order of the court may be punished
by the court as contempt thereof. Any process under this
section may be served in any judicial district in which
the person or entity may be found.
``(d) In all proceedings under this section, subject to any
right to an open hearing in a contempt proceeding, the court
must close any hearing to the extent necessary to prevent an
unauthorized disclosure of a request for records, a report,
or other information made to any person or entity under
section 2709(b) of this title, section 626(a) or (b) or
627(a) of the Fair Credit Reporting Act, section
1114(a)(5)(A) of the Right to Financial Privacy Act, or
section 802(a) of the National Security Act of 1947.
Petitions, filings, records, orders, and subpoenas must also
be kept under seal to the extent and as long as necessary to
prevent the unauthorized disclosure of a request for records,
a report, or other information made to any person or entity
under section 2709(b) of this title, section 626(a) or (b) or
627(a) of the Fair Credit Reporting Act, section
1114(a)(5)(A) of the Right to Financial Privacy Act, or
section 802(a) of the National Security Act of 1947.
``(e) In all proceedings under this section, the court
shall, upon request of the government, review ex parte and in
camera any government submission or portions thereof, which
may include classified information.''.
SEC. 116. CONFIDENTIALITY OF NATIONAL SECURITY LETTERS.
(a) Section 2709(c) of title 18, United States Code, is
amended to read:
``(c) Prohibition of Certain Disclosure.--
``(1) If the Director of the Federal Bureau of
Investigation, or his designee in a position not lower than
Deputy Assistant Director at Bureau headquarters or a Special
Agent in Charge in a Bureau field office designated by the
Director, certifies that otherwise there may result a danger
to the national security of the United States, interference
with a criminal, counterterrorism, or counterintelligence
investigation, interference with diplomatic relations, or
danger to the life or physical safety of any person, no wire
or electronic communications service provider, or officer,
employee, or agent thereof, shall disclose to any person
(other than those to whom such disclosure is necessary to
comply with the request or an attorney to obtain legal advice
or legal assistance with respect to the request) that the
Federal Bureau of Investigation has sought or obtained access
to information or records under this section.
``(2) The request shall notify the person or entity to whom
the request is directed of the nondisclosure requirement
under paragraph (1).
``(3) Any recipient disclosing to those persons necessary
to comply with the request or to an attorney to obtain legal
advice or legal assistance with respect to the request shall
inform such person of any applicable nondisclosure
requirement. Any person who receives a disclosure under this
subsection shall be subject to the same prohibitions on
disclosure under paragraph (1).
``(4) At the request of the Director of the Federal Bureau
of Investigation or the designee of the Director, any person
making or intending to make a disclosure under this section
shall identify to the Director or such designee the person to
whom such disclosure will be made or to whom such
disclosure was made prior to the request, but in no
circumstance shall a person be required to inform the
Director or such designee that the person intends to
consult an attorney to obtain legal advice or legal
assistance.''.
(b) Section 626(d) of the Fair Credit Reporting Act (15
U.S.C. 1681u(d)) is amended to read:
``(d) Confidentiality.--
``(1) If the Director of the Federal Bureau of
Investigation, or his designee in a position not lower than
Deputy Assistant Director at Bureau headquarters or a Special
Agent in Charge in a Bureau field office designated by the
Director, certifies that otherwise there may result a danger
to the national security of the United States, interference
with a criminal, counterterrorism, or counterintelligence
investigation, interference with diplomatic relations, or
danger to the life or physical safety of any person, no
consumer reporting agency or officer, employee, or agent of a
consumer reporting agency shall disclose to any person (other
than those to whom such disclosure is necessary to comply
with the request or an attorney to obtain legal advice or
legal assistance with respect to the request) that the
Federal Bureau of Investigation has sought or obtained the
identity of financial institutions or a consumer report
respecting any consumer under subsection (a), (b), or (c),
and no consumer reporting agency or officer, employee, or
agent of a consumer reporting agency shall include in any
consumer report any information that would indicate that the
Federal Bureau of Investigation has sought or obtained such
information on a consumer report.
[[Page H11286]]
``(2) The request shall notify the person or entity to whom
the request is directed of the nondisclosure requirement
under paragraph (1).
``(3) Any recipient disclosing to those persons necessary
to comply with the request or to an attorney to obtain legal
advice or legal assistance with respect to the request shall
inform such persons of any applicable nondisclosure
requirement. Any person who receives a disclosure under this
subsection shall be subject to the same prohibitions on
disclosure under paragraph (1).
``(4) At the request of the Director of the Federal Bureau
of Investigation or the designee of the Director, any person
making or intending to make a disclosure under this section
shall identify to the Director or such designee the person to
whom such disclosure will be made or to whom such disclosure
was made prior to the request, but in no circumstance shall a
person be required to inform the Director or such designee
that the person intends to consult an attorney to obtain
legal advice or legal assistance.''.
(c) Section 626(c) of the Fair Credit Reporting Act (15
U.S.C. 1681v(c)) is amended to read:
``(c) Confidentiality.--
``(1) If the head of a government agency authorized to
conduct investigations of intelligence or counterintelligence
activities or analysis related to international terrorism, or
his designee, certifies that otherwise there may result a
danger to the national security of the United States,
interference with a criminal, counterterrorism, or
counterintelligence investigation, interference with
diplomatic relations, or danger to the life or physical
safety of any person, no consumer reporting agency or
officer, employee, or agent of such consumer reporting
agency, shall disclose to any person (other than those to
whom such disclosure is necessary to comply with the request
or an attorney to obtain legal advice or legal assistance
with respect to the request), or specify in any consumer
report, that a government agency has sought or obtained
access to information under subsection (a).
``(2) The request shall notify the person or entity to whom
the request is directed of the nondisclosure requirement
under paragraph (1).
``(3) Any recipient disclosing to those persons necessary
to comply with the request or to any attorney to obtain legal
advice or legal assistance with respect to the request shall
inform such persons of any applicable nondisclosure
requirement. Any person who receives a disclosure under this
subsection shall be subject to the same prohibitions on
disclosure under paragraph (1).
``(4) At the request of the authorized Government agency,
any person making or intending to make a disclosure under
this section shall identify to the requesting official of the
authorized Government agency the person to whom such
disclosure will be made or to whom such disclosure was made
prior to the request, but in no circumstance shall a person
be required to inform such requesting official that the
person intends to consult an attorney to obtain legal advice
or legal assistance.''.
(d) Section 1114(a)(3) of the Right to Financial Privacy
Act (12 U.S.C. 3414(a)(3)) is amended to read as follows:
``(3)(A) If the Government authority described in paragraph
(1) or the Secret Service, as the case may be, certifies that
otherwise there may result a danger to the national security
of the United States, interference with a criminal,
counterterrorism, or counterintelligence investigation,
interference with diplomatic relations, or danger to the life
or physical safety of any person, no financial institution,
or officer, employee, or agent of such institution, shall
disclose to any person (other than those to whom such
disclosure is necessary to comply with the request or an
attorney to obtain legal advice or legal assistance with
respect to the request) that the Government authority or the
Secret Service has sought or obtained access to a customer's
financial records.
``(B) The request shall notify the person or entity to whom
the request is directed of the nondisclosure requirement
under subparagraph (A).
``(C) Any recipient disclosing to those persons necessary
to comply with the request or to an attorney to obtain legal
advice or legal assistance with respect to the request shall
inform such persons of any applicable nondisclosure
requirement. Any person who receives a disclosure under this
subsection shall be subject to the same prohibitions on
disclosure under subparagraph (A).
``(D) At the request of the authorized Government agency or
the Secret Service, any person making or intending to make a
disclosure under this section shall identify to the
requesting official of the authorized Government agency or
the Secret Service the person to whom such disclosure will be
made or to whom such disclosure was made prior to the
request, but in no circumstance shall a person be required to
inform such requesting official that the person intends to
consult an attorney to obtain legal advice or legal
assistance.''.
(e) Section 1114(a)(5)(D) of the Right to Financial Privacy
Act (12 U.S.C. 3414(a)(5)(D)) is amended to read:
``(D) Prohibition of certain disclosure.--
``(i) If the Director of the Federal Bureau of
Investigation, or his designee in a position not lower than
Deputy Assistant Director at Bureau headquarters or a Special
Agent in Charge in a Bureau field office designated by the
Director, certifies that otherwise there may result a danger
to the national security of the United States, interference
with a criminal, counterterrorism, or counterintelligence
investigation, interference with diplomatic relations, or
danger to the life or physical safety of any person, no
financial institution, or officer, employee, or agent of such
institution, shall disclose to any person (other than those
to whom such disclosure is necessary to comply with the
request or an attorney to obtain legal advice or legal
assistance with respect to the request) that the Federal
Bureau of Investigation has sought or obtained access to a
customer's or entity's financial records under subparagraph
(A).
``(ii) The request shall notify the person or entity to
whom the request is directed of the nondisclosure requirement
under clause (i).
``(iii) Any recipient disclosing to those persons necessary
to comply with the request or to an attorney to obtain legal
advice or legal assistance with respect to the request shall
inform such persons of any applicable nondisclosure
requirement. Any person who receives a disclosure under this
subsection shall be subject to the same prohibitions on
disclosure under clause (i).
``(iv) At the request of the Director of the Federal Bureau
of Investigation or the designee of the Director, any person
making or intending to make a disclosure under this section
shall identify to the Director or such designee the person to
whom such disclosure will be made or to whom such disclosure
was made prior to the request, but in no circumstance shall a
person be required to inform the Director or such designee
that the person intends to consult an attorney to obtain
legal advice or legal assistance.''.
(f) Section 802(b) of the National Security Act of 1947 (50
U.S.C. 436(b)) is amended to read as follows:
``(b) Prohibition of Certain Disclosure.--
``(1) If an authorized investigative agency described in
subsection (a) certifies that otherwise there may result a
danger to the national security of the United States,
interference with a criminal, counterterrorism, or
counterintelligence investigation, interference with
diplomatic relations, or danger to the life or physical
safety of any person, no governmental or private entity,
or officer, employee, or agent of such entity, may
disclose to any person (other than those to whom such
disclosure is necessary to comply with the request or an
attorney to obtain legal advice or legal assistance with
respect to the request) that such entity has received or
satisfied a request made by an authorized investigative
agency under this section.
``(2) The request shall notify the person or entity to whom
the request is directed of the nondisclosure requirement
under paragraph (1).
``(3) Any recipient disclosing to those persons necessary
to comply with the request or to an attorney to obtain legal
advice or legal assistance with respect to the request shall
inform such persons of any applicable nondisclosure
requirement. Any person who receives a disclosure under this
subsection shall be subject to the same prohibitions on
disclosure under paragraph (1).
``(4) At the request of the authorized investigative
agency, any person making or intending to make a disclosure
under this section shall identify to the requesting official
of the authorized investigative agency the person to whom
such disclosure will be made or to whom such disclosure was
made prior to the request, but in no circumstance shall a
person be required to inform such official that the person
intends to consult an attorney to obtain legal advice or
legal assistance.''.
SEC. 117. VIOLATIONS OF NONDISCLOSURE PROVISIONS OF NATIONAL
SECURITY LETTERS.
Section 1510 of title 18, United States Code, is amended by
adding at the end the following:
``(e) Whoever, having been notified of the applicable
disclosure prohibitions or confidentiality requirements of
section 2709(c)(1) of this title, section 626(d)(1) or
627(c)(1) of the Fair Credit Reporting Act (15 U.S.C.
1681u(d)(1) or 1681v(c)(1)), section 1114(a)(3)(A) or
1114(a)(5)(D)(i) of the Right to Financial Privacy Act (12
U.S.C. 3414(a)(3)(A) or 3414(a)(5)(D)(i)), or section
802(b)(1) of the National Security Act of 1947 (50 U.S.C.
436(b)(1)), knowingly and with the intent to obstruct an
investigation or judicial proceeding violates such
prohibitions or requirements applicable by law to such person
shall be imprisoned for not more than five years, fined under
this title, or both.''.
SEC. 118. REPORTS ON NATIONAL SECURITY LETTERS.
(a) Existing Reports.--Any report made to a committee of
Congress regarding national security letters under section
2709(c)(1) of title 18, United States Code, sections 626(d)
or 627(c) of the Fair Credit Reporting Act (15 U.S.C.
1681u(d) or 1681v(c)), section 1114(a)(3) or 1114(a)(5)(D) of
the Right to Financial Privacy Act (12 U.S.C. 3414(a)(3) or
3414(a)(5)(D)), or section 802(b) of the National Security
Act of 1947 (50 U.S.C. 436(b)) shall also be made to the
Committees on the Judiciary of the House of Representatives
and the Senate.
(b) Enhanced Oversight of Fair Credit Reporting Act
Counterterrorism National Security Letter.--Section 627 of
the Fair Credit Reporting Act (15 U.S.C. 1681(v)) is amended
by inserting at the end the following new subsection:
``(f) Reports to Congress.--(1) On a semi-annual basis, the
Attorney General shall fully inform the Committee on the
Judiciary, the Committee on Financial Services, and the
Permanent Select Committee on Intelligence of the House of
Representatives and the Committee on the Judiciary, the
Committee on Banking, Housing, and Urban Affairs, and the
Select Committee on Intelligence of the Senate concerning all
requests made pursuant to subsection (a).
``(2) In the case of the semiannual reports required to be
submitted under paragraph (1) to the Permanent Select
Committee on Intelligence of the House of Representatives and
the Select Committee on Intelligence of the Senate, the
submittal dates for such reports shall be as provided in
section 507 of the National Security Act of 1947 (50 U.S.C.
415b).''.
(c) Report on Requests for National Security Letters.--
(1) In general.--In April of each year, the Attorney
General shall submit to Congress an
[[Page H11287]]
aggregate report setting forth with respect to the preceding
year the total number of requests made by the Department of
Justice for information concerning different United States
persons under--
(A) section 2709 of title 18, United States Code (to access
certain communication service provider records), excluding
the number of requests for subscriber information;
(B) section 1114 of the Right to Financial Privacy Act (12
U.S.C. 3414) (to obtain financial institution customer
records);
(C) section 802 of the National Security Act of 1947 (50
U.S.C. 436) (to obtain financial information, records, and
consumer reports);
(D) section 626 of the Fair Credit Reporting Act (15 U.S.C.
1681u) (to obtain certain financial information and consumer
reports); and
(E) section 627 of the Fair Credit Reporting Act (15 U.S.C.
1681v) (to obtain credit agency consumer records for
counterterrorism investigations).
(2) Unclassified form.--The report under this section shall
be submitted in unclassified form.
(d) National Security Letter Defined.--In this section, the
term ``national security letter'' means a request for
information under one of the following provisions of law:
(1) Section 2709(a) of title 18, United States Code (to
access certain communication service provider records).
(2) Section 1114(a)(5)(A) of the Right to Financial Privacy
Act (12 U.S.C. 3414(a)(5)(A)) (to obtain financial
institution customer records).
(3) Section 802 of the National Security Act of 1947 (50
U.S.C. 436) (to obtain financial information, records, and
consumer reports).
(4) Section 626 of the Fair Credit Reporting Act (15 U.S.C.
1681u) (to obtain certain financial information and consumer
reports).
(5) Section 627 of the Fair Credit Reporting Act (15 U.S.C.
1681v) (to obtain credit agency consumer records for
counterterrorism investigations).
SEC. 119. AUDIT OF USE OF NATIONAL SECURITY LETTERS.
(a) Audit.--The Inspector General of the Department of
Justice shall perform an audit of the effectiveness and use,
including any improper or illegal use, of national security
letters issued by the Department of Justice.
(b) Requirements.--The audit required under subsection (a)
shall include--
(1) an examination of the use of national security letters
by the Department of Justice during calendar years 2003
through 2006;
(2) a description of any noteworthy facts or circumstances
relating to such use, including any improper or illegal use
of such authority; and
(3) an examination of the effectiveness of national
security letters as an investigative tool, including--
(A) the importance of the information acquired by the
Department of Justice to the intelligence activities of the
Department of Justice or to any other department or agency of
the Federal Government;
(B) the manner in which such information is collected,
retained, analyzed, and disseminated by the Department of
Justice, including any direct access to such information
(such as access to ``raw data'') provided to any other
department, agency, or instrumentality of Federal, State,
local, or tribal governments or any private sector entity;
(C) whether, and how often, the Department of Justice
utilized such information to produce an analytical
intelligence product for distribution within the Department
of Justice, to the intelligence community (as such term is
defined in section 3(4) of the National Security Act of 1947
(50 U.S.C. 401a(4))), or to other Federal, State, local, or
tribal government departments, agencies, or
instrumentalities;
(D) whether, and how often, the Department of Justice
provided such information to law enforcement authorities for
use in criminal proceedings;
(E) with respect to national security letters issued
following the date of the enactment of this Act, an
examination of the number of occasions in which the
Department of Justice, or an officer or employee of the
Department of Justice, issued a national security letter
without the certification necessary to require the recipient
of such letter to comply with the nondisclosure and
confidentiality requirements potentially applicable under
law; and
(F) the types of electronic communications and
transactional information obtained through requests for
information under section 2709 of title 18, United States
Code, including the types of dialing, routing, addressing, or
signaling information obtained, and the procedures the
Department of Justice uses if content information is obtained
through the use of such authority.
(c) Submission Dates.--
(1) Prior years.--Not later than one year after the date of
the enactment of this Act, or upon completion of the audit
under this section for calendar years 2003 and 2004,
whichever is earlier, the Inspector General of the Department
of Justice shall submit to the Committee on the Judiciary and
the Permanent Select Committee on Intelligence of the House
of Representatives and the Committee on the Judiciary and
the Select Committee on Intelligence of the Senate a
report containing the results of the audit conducted under
this subsection for calendar years 2003 and 2004.
(2) Calendar years 2005 and 2006.--Not later than December
31, 2007, or upon completion of the audit under this
subsection for calendar years 2005 and 2006, whichever is
earlier, the Inspector General of the Department of Justice
shall submit to the Committee on the Judiciary and the
Permanent Select Committee on Intelligence of the House of
Representatives and the Committee on the Judiciary and the
Select Committee on Intelligence of the Senate a report
containing the results of the audit conducted under this
subsection for calendar years 2005 and 2006.
(d) Prior Notice to Attorney General and Director of
National Intelligence; Comments.--
(1) Notice.--Not less than 30 days before the submission of
a report under subsections (c)(1) or (c)(2), the Inspector
General of the Department of Justice shall provide such
report to the Attorney General and the Director of National
Intelligence.
(2) Comments.--The Attorney General or the Director of
National Intelligence may provide comments to be included in
the reports submitted under subsections (c)(1) or (c)(2) as
the Attorney General or the Director of National Intelligence
may consider necessary.
(e) Unclassified Form.--The reports submitted under
subsections (c)(1) or (c)(2) and any comments included under
subsection (d)(2) shall be in unclassified form, but may
include a classified annex.
(f) Minimization Procedures Feasibility.--Not later than
February 1, 2007, or upon completion of review of the report
submitted under subsection (c)(1), whichever is earlier, the
Attorney General and the Director of National Intelligence
shall jointly submit to the Committee on the Judiciary and
the Permanent Select Committee on Intelligence of the House
of Representatives and the Committee on the Judiciary and the
Select Committee on Intelligence of the Senate a report on
the feasibility of applying minimization procedures in the
context of national security letters to ensure the protection
of the constitutional rights of United States persons.
(g) National Security Letter Defined.--In this section, the
term ``national security letter'' means a request for
information under one of the following provisions of law:
(1) Section 2709(a) of title 18, United States Code (to
access certain communication service provider records).
(2) Section 1114(a)(5)(A) of the Right to Financial Privacy
Act (12 U.S.C. 3414(a)(5)(A)) (to obtain financial
institution customer records).
(3) Section 802 of the National Security Act of 1947 (50
U.S.C. 436) (to obtain financial information, records, and
consumer reports).
(4) Section 626 of the Fair Credit Reporting Act (15 U.S.C.
1681u) (to obtain certain financial information and consumer
reports).
(5) Section 627 of the Fair Credit Reporting Act (15 U.S.C.
1681v) (to obtain credit agency consumer records for
counterterrorism investigations).
SEC. 120. DEFINITION FOR FORFEITURE PROVISIONS UNDER SECTION
806 OF THE USA PATRIOT ACT.
Section 981(a)(1)(G) of title 18, United States Code, is
amended--
(1) in clause (i), by striking ``act of international or
domestic terrorism (as defined in section 2331)'' and
inserting ``any Federal crime of terrorism (as defined in
section 2332b(g)(5))'';
(2) in clause (ii), by striking ``an act of international
or domestic terrorism (as defined in section 2331)'' with
``any Federal crime of terrorism (as defined in section
2332b(g)(5)''; and
(3) in clause (iii), by striking ``act of international or
domestic terrorism (as defined in section 2331)'' and
inserting ``Federal crime of terrorism (as defined in section
2332b(g)(5))''.
SEC. 121. PENAL PROVISIONS REGARDING TRAFFICKING IN
CONTRABAND CIGARETTES OR SMOKELESS TOBACCO.
(a) Threshold Quantity for Treatment as Contraband
Cigarettes.--(1) Section 2341(2) of title 18, United States
Code, is amended by striking ``60,000 cigarettes'' and
inserting ``10,000 cigarettes''.
(2) Section 2342(b) of that title is amended by striking
``60,000'' and inserting ``10,000''.
(3) Section 2343 of that title is amended--
(A) in subsection (a), by striking ``60,000'' and inserting
``10,000''; and
(B) in subsection (b), by striking ``60,000'' and inserting
``10,000''.
(b) Contraband Smokeless Tobacco.--(1) Section 2341 of that
title is amended--
(A) in paragraph (4), by striking ``and'' at the end;
(B) in paragraph (5), by striking the period at the end and
inserting a semicolon; and
(C) by adding at the end the following new paragraphs:
``(6) the term `smokeless tobacco' means any finely cut,
ground, powdered, or leaf tobacco that is intended to be
placed in the oral or nasal cavity or otherwise consumed
without being combusted;
``(7) the term `contraband smokeless tobacco' means a
quantity in excess of 500 single-unit consumer-sized cans or
packages of smokeless tobacco, or their equivalent, that are
in the possession of any person other than--
``(A) a person holding a permit issued pursuant to chapter
52 of the Internal Revenue Code of 1986 as manufacturer of
tobacco products or as an export warehouse proprietor, a
person operating a customs bonded warehouse pursuant to
section 311 or 555 of the Tariff Act of 1930 (19 U.S.C. 1311,
1555), or an agent of such person;
``(B) a common carrier transporting such smokeless tobacco
under a proper bill of lading or freight bill which states
the quantity, source, and designation of such smokeless
tobacco;
``(C) a person who--
``(i) is licensed or otherwise authorized by the State
where such smokeless tobacco is found to engage in the
business of selling or distributing tobacco products; and
``(ii) has complied with the accounting, tax, and payment
requirements relating to such license or authorization with
respect to such smokeless tobacco; or
``(D) an officer, employee, or agent of the United States
or a State, or any department, agency, or instrumentality of
the United States or a State (including any political
subdivision of a State), having possession of such smokeless
tobacco in connection with the performance of official
duties;''.
[[Page H11288]]
(2) Section 2342(a) of that title is amended by inserting
``or contraband smokeless tobacco'' after ``contraband
cigarettes''.
(3) Section 2343(a) of that title is amended by inserting
``, or any quantity of smokeless tobacco in excess of 500
single-unit consumer-sized cans or packages,'' before ``in a
single transaction''.
(4) Section 2344(c) of that title is amended by inserting
``or contraband smokeless tobacco'' after ``contraband
cigarettes''.
(5) Section 2345 of that title is amended by inserting ``or
smokeless tobacco'' after ``cigarettes'' each place it
appears.
(6) Section 2341 of that title is further amended in
paragraph (2), as amended by subsection (a)(1) of this
section, in the matter preceding subparagraph (A), by
striking ``State cigarette taxes in the State where such
cigarettes are found, if the State'' and inserting ``State or
local cigarette taxes in the State or locality where such
cigarettes are found, if the State or local government''.
(c) Recordkeeping, Reporting, and Inspection.--Section 2343
of that title, as amended by this section, is further
amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by striking
``only--'' and inserting ``such information as the Attorney
General considers appropriate for purposes of enforcement of
this chapter, including--''; and
(B) in the flush matter following paragraph (3), by
striking the second sentence;
(2) by redesignating subsection (b) as subsection (c);
(3) by inserting after subsection (a) the following new
subsection (b):
``(b) Any person, except for a tribal government, who
engages in a delivery sale, and who ships, sells, or
distributes any quantity in excess of 10,000 cigarettes, or
any quantity in excess of 500 single-unit consumer-sized cans
or packages of smokeless tobacco, or their equivalent, within
a single month, shall submit to the Attorney General,
pursuant to rules or regulations prescribed by the Attorney
General, a report that sets forth the following:
``(1) The person's beginning and ending inventory of
cigarettes and cans or packages of smokeless tobacco (in
total) for such month.
``(2) The total quantity of cigarettes and cans or packages
of smokeless tobacco that the person received within such
month from each other person (itemized by name and address).
``(3) The total quantity of cigarettes and cans or packages
of smokeless tobacco that the person distributed within such
month to each person (itemized by name and address) other
than a retail purchaser.''; and
(4) by adding at the end the following new subsections:
``(d) Any report required to be submitted under this
chapter to the Attorney General shall also be submitted to
the Secretary of the Treasury and to the attorneys general
and the tax administrators of the States from where the
shipments, deliveries, or distributions both originated and
concluded.
``(e) In this section, the term `delivery sale' means any
sale of cigarettes or smokeless tobacco in interstate
commerce to a consumer if--
``(1) the consumer submits the order for such sale by means
of a telephone or other method of voice transmission, the
mails, or the Internet or other online service, or by any
other means where the consumer is not in the same physical
location as the seller when the purchase or offer of sale is
made; or
``(2) the cigarettes or smokeless tobacco are delivered by
use of the mails, common carrier, private delivery service,
or any other means where the consumer is not in the same
physical location as the seller when the consumer obtains
physical possession of the cigarettes or smokeless tobacco.
``(f) In this section, the term `interstate commerce' means
commerce between a State and any place outside the State, or
commerce between points in the same State but through any
place outside the State.''.
(d) Disposal or Use of Forfeited Cigarettes and Smokeless
Tobacco.--Section 2344(c) of that title, as amended by this
section, is further amended by striking ``seizure and
forfeiture,'' and all that follows and inserting `` ``seizure
and forfeiture. The provisions of chapter 46 of title 18
relating to civil forfeitures shall extend to any seizure or
civil forfeiture under this section. Any cigarettes or
smokeless tobacco so seized and forfeited shall be either--
``(1) destroyed and not resold; or
``(2) used for undercover investigative operations for the
detection and prosecution of crimes, and then destroyed and
not resold.''.
(e) Effect on State and Local Law.--Section 2345 of that
title is amended--
(1) in subsection (a), by striking ``a State to enact and
enforce'' and inserting ``a State or local government to
enact and enforce its own''; and
(2) in subsection (b), by striking ``of States, through
interstate compact or otherwise, to provide for the
administration of State'' and inserting ``of State or local
governments, through interstate compact or otherwise, to
provide for the administration of State or local''.
(f) Enforcement.--Section 2346 of that title is amended--
(1) by inserting ``(a)'' before ``The Attorney General'';
and
(2) by adding at the end the following new subsection:
``(b)(1) A State, through its attorney general, a local
government, through its chief law enforcement officer (or a
designee thereof), or any person who holds a permit under
chapter 52 of the Internal Revenue Code of 1986, may bring an
action in the United States district courts to prevent and
restrain violations of this chapter by any person (or by any
person controlling such person), except that any person who
holds a permit under chapter 52 of the Internal Revenue Code
of 1986 may not bring such an action against a State or local
government. No civil action may be commenced under this
paragraph against an Indian tribe or an Indian in Indian
country (as defined in section 1151).
``(2) A State, through its attorney general, or a local
government, through its chief law enforcement officer (or a
designee thereof), may in a civil action under paragraph (1)
also obtain any other appropriate relief for violations of
this chapter from any person (or by any person controlling
such person), including civil penalties, money damages, and
injunctive or other equitable relief. Nothing in this chapter
shall be deemed to abrogate or constitute a waiver of any
sovereign immunity of a State or local government, or an
Indian tribe against any unconsented lawsuit under this
chapter, or otherwise to restrict, expand, or modify any
sovereign immunity of a State or local government, or an
Indian tribe.
``(3) The remedies under paragraphs (1) and (2) are in
addition to any other remedies under Federal, State, local,
or other law.
``(4) Nothing in this chapter shall be construed to expand,
restrict, or otherwise modify any right of an authorized
State official to proceed in State court, or take other
enforcement actions, on the basis of an alleged violation of
State or other law.
``(5) Nothing in this chapter shall be construed to expand,
restrict, or otherwise modify any right of an authorized
local government official to proceed in State court, or take
other enforcement actions, on the basis of an alleged
violation of local or other law.''.
(g) Conforming and Clerical Amendments.--(1) The section
heading for section 2343 of that title is amended to read as
follows:
``Sec. 2343. Recordkeeping, reporting, and inspection''.
(2) The section heading for section 2345 of such title is
amended to read as follows:
``Sec. 2345. Effect on State and local law''.
(3) The table of sections at the beginning of chapter 114
of that title is amended--
(A) by striking the item relating to section 2343 and
inserting the following new item:
``2343. Recordkeeping, reporting, and inspection.'';
and
(B) by striking the item relating to section 2345 and
insert the following new item:
``2345. Effect on State and local law.''.
(4)(A) The heading for chapter 114 of that title is amended
to read as follows:
``CHAPTER 114--TRAFFICKING IN CONTRABAND CIGARETTES AND SMOKELESS
TOBACCO''.
(B) The table of chapters at the beginning of part I of
that title is amended by striking the item relating to
section 114 and inserting the following new item:
``114. Trafficking in contraband cigarettes and smokeless tobac2341.''.
SEC. 122. PROHIBITION OF NARCO-TERRORISM.
Part A of the Controlled Substance Import and Export Act
(21 U.S.C. 951 et seq.) is amended by inserting after section
1010 the following:
``Foreign terrorist organizations, terrorist persons and groups
``Prohibited Acts
``Sec. 1010A. (a) Whoever engages in conduct that would be
punishable under section 841(a) of this title if committed
within the jurisdiction of the United States, or attempts or
conspires to do so, knowing or intending to provide, directly
or indirectly, anything or pecuniary value to any person or
organization that has engaged or engages in terrorist
activity (as defined in section 212(a)(3)(B) of the
Immigration and Nationality Act) or terrorism (as defined in
section 140(d)(2) of the Foreign Relations Authorization Act,
Fiscal Years 1988 and 1989), shall be sentenced to a term of
imprisonment of not less than twice the minimum punishment
under section 841(b)(1), and not more than life, a fine in
accordance with the provisions of title 18, United States
Code, or both. Notwithstanding section 3583 of title 18,
United States Code, any sentence imposed under this
subsection shall include a term of supervised release of at
least 5 years in addition to such term of imprisonment.
``Jurisdiction
``(b) There is jurisdiction over an offense under this
section if--
``(1) the prohibited drug activity or the terrorist offense
is in violation of the criminal laws of the United States;
``(2) the offense, the prohibited drug activity, or the
terrorist offense occurs in or affects interstate or foreign
commerce;
``(3) an offender provides anything of pecuniary value for
a terrorist offense that causes or is designed to cause death
or serious bodily injury to a national of the United States
while that national is outside the United States, or
substantial damage to the property of a legal entity
organized under the laws of the United States (including any
of its States, districts, commonwealths, territories, or
possessions) while that property is outside of the United
States;
``(4) the offense or the prohibited drug activity occurs in
whole or in part outside of the United States (including on
the high seas), and a perpetrator of the offense or the
prohibited drug activity is a national of the United States
or a legal entity organized under the laws of the United
States (including any of its States, districts,
commonwealths, territories, or possessions); or
``(5) after the conduct required for the offense occurs an
offender is brought into or found in the United States, even
if the conduct required for the offense occurs outside the
United States.
``Proof Requirements
``(c) To violate subsection (a), a person must have
knowledge that the person or organization
[[Page H11289]]
has engaged or engages in terrorist activity (as defined in
section 212(a)(3)(B) of the Immigration and Nationality Act)
or terrorism (as defined in section 140(d)(2) of the Foreign
Relations Authorization Act, Fiscal Years 1988 and 1989).
``Definition
``(d) As used in this section, the term `anything of
pecuniary value' has the meaning given the term in section
1958(b)(1) of title 18, United States Code.''.
SEC. 123. INTERFERING WITH THE OPERATION OF AN AIRCRAFT.
Section 32 of title 18, United States Code, is amended--
(1) in subsection (a), by redesignating paragraphs (5),
(6), and (7) as paragraphs (6), (7), and (8) respectively;
(2) by inserting after paragraph (4) of subsection (a), the
following:
``(5) interferes with or disables, with intent to endanger
the safety of any person or with a reckless disregard for the
safety of human life, anyone engaged in the authorized
operation of such aircraft or any air navigation facility
aiding in the navigation of any such aircraft;'';
(3) in subsection (a)(8), by striking ``paragraphs (1)
through (6)'' and inserting ``paragraphs (1) through (7)'';
and
(4) in subsection (c), by striking ``paragraphs (1) through
(5)'' and inserting ``paragraphs (1) through (6)''.
SEC. 124. SENSE OF CONGRESS RELATING TO LAWFUL POLITICAL
ACTIVITY.
It is the sense of Congress that government should not
investigate an American citizen solely on the basis of the
citizen's membership in a non-violent political organization
or the fact that the citizen was engaging in other lawful
political activity.
SEC. 125. REMOVAL OF CIVIL LIABILITY BARRIERS THAT DISCOURAGE
THE DONATION OF FIRE EQUIPMENT TO VOLUNTEER
FIRE COMPANIES.
(a) Liability Protection.--A person who donates qualified
fire control or rescue equipment to a volunteer fire company
shall not be liable for civil damages under any State or
Federal law for personal injuries, property damage or loss,
or death caused by the equipment after the donation.
(b) Exceptions.--Subsection (a) does not apply to a person
if--
(1) the person's act or omission causing the injury,
damage, loss, or death constitutes gross negligence or
intentional misconduct; or
(2) the person is the manufacturer of the qualified fire
control or rescue equipment.
(3) the person or agency modified or altered the equipment
after it had been recertified by an authorized technician as
meeting the manufacturer's specifications.
(c) Preemption.--This section preempts the laws of any
State to the extent that such laws are inconsistent with this
section, except that notwithstanding subsection (b) this
section shall not preempt any State law that provides
additional protection from liability for a person who donates
fire control or fire rescue equipment to a volunteer fire
company.
(d) Definitions.--In this section:
(1) Person.--The term ``person'' includes any governmental
or other entity.
(2) Fire control or rescue equipment.--The term ``fire
control or fire rescue equipment'' includes any fire vehicle,
fire fighting tool, communications equipment, protective
gear, fire hose, or breathing apparatus.
(3) Qualified fire control or rescue equipment.--The term
``qualified fire control or rescue equipment'' means fire
control or fire rescue equipment that has been recertified by
an authorized technician as meeting the manufacturer's
specifications.
(4) State.--The term ``State'' includes the several States,
the District of Columbia, the Commonwealth of Puerto Rico,
the Commonwealth of the Northern Mariana Islands, American
Samoa, Guam, the Virgin Islands, any other territory or
possession of the United States, and any political
subdivision of any such State, territory, or possession.
(5) Volunteer fire company.--The term ``volunteer fire
company'' means an association of individuals who provide
fire protection and other emergency services, where at
least 30 percent of the individuals receive little or no
compensation compared with an entry level full-time paid
individual in that association or in the nearest such
association with an entry level full-time paid individual.
(6) Authorized technician.--The term ``authorized
technician'' means a technician who has been certified by the
manufacturer of fire control or fire rescue equipment to
inspect such equipment. The technician need not be employed
by the State or local agency administering the distribution
of the fire control or fire rescue equipment.
(e) Effective Date.--This section applies only to liability
for injury, damage, loss, or death caused by equipment that,
for purposes of subsection (a), is donated on or after the
date that is 30 days after the date of the enactment of this
section.
SEC. 126. REPORT ON DATA-MINING ACTIVITIES.
(a) Report.--Not later than one year after the date of the
enactment of this Act, the Attorney General shall submit to
Congress a report on any initiative of the Department of
Justice that uses or is intended to develop pattern-based
data-mining technology, including, for each such initiative,
the following information:
(1) A thorough description of the pattern-based data-mining
technology consistent with the protection of existing
patents, proprietary business processes, trade secrets, and
intelligence sources and methods.
(2) A thorough discussion of the plans for the use of such
technology and the target dates for the deployment of the
pattern-based data-mining technology.
(3) An assessment of the likely efficacy of the pattern-
based data-mining technology quality assurance controls to be
used in providing accurate and valuable information
consistent with the stated plans for the use of the
technology.
(4) An assessment of the likely impact of the
implementation of the pattern-based data-mining technology on
privacy and civil liberties.
(5) A list and analysis of the laws and regulations
applicable to the Department of Justice that govern the
application of the pattern-based data-mining technology to
the information to be collected, reviewed, gathered, and
analyzed with the pattern-based data-mining technology.
(6) A thorough discussion of the policies, procedures, and
guidelines of the Department of Justice that are to be
developed and applied in the use of such technology for
pattern-based data-mining in order to--
(A) protect the privacy and due process rights of
individuals; and
(B) ensure that only accurate information is collected and
used or account for the possibility of inaccuracy in that
information and guard against harmful consequences of
potential inaccuracies.
(7) Any necessary classified information in an annex that
shall be available consistent with national security to the
Committee on the Judiciary of both the Senate and the House
of Representatives.
(b) Definitions.--In this section:
(1) Data-mining.--The term ``data-mining'' means a query or
search or other analysis of one or more electronic databases,
where--
(A) at least one of the databases was obtained from or
remains under the control of a non-Federal entity, or the
information was acquired initially by another department or
agency of the Federal Government for purposes other than
intelligence or law enforcement;
(B) the search does not use personal identifiers of a
specific individual or does not utilize inputs that appear on
their face to identify or be associated with a specified
individual to acquire information; and
(C) a department or agency of the Federal Government is
conducting the query or search or other analysis to find a
pattern indicating terrorist or other criminal activity.
(2) Database.--The term ``database'' does not include
telephone directories, information publicly available via the
Internet or available by any other means to any member of the
public, any databases maintained, operated, or controlled by
a State, local, or tribal government (such as a State motor
vehicle database), or databases of judicial and
administrative opinions.
SEC. 127. SENSE OF CONGRESS.
It is the sense of Congress that under section 981 of title
18, United States Code, victims of terrorists attacks should
have access to the assets forfeited.
SEC. 128. USA PATRIOT ACT SECTION 214; AUTHORITY FOR
DISCLOSURE OF ADDITIONAL INFORMATION IN
CONNECTION WITH ORDERS FOR PEN REGISTER AND
TRAP AND TRACE AUTHORITY UNDER FISA.
(a) Records.--Section 402(d)(2) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1842(d)(2)) is amended--
(1) in subparagraph (A)--
(A) in clause (ii), by adding ``and'' at the end; and
(B) in clause (iii), by striking the period at the end and
inserting a semicolon; and
(2) in subparagraph (B)(iii), by striking the period at the
end and inserting ``; and''; and
(3) by adding at the end the following:
``(C) shall direct that, upon the request of the applicant,
the provider of a wire or electronic communication service
shall disclose to the Federal officer using the pen register
or trap and trace device covered by the order--
``(i) in the case of the customer or subscriber using the
service covered by the order (for the period specified by the
order)--
``(I) the name of the customer or subscriber;
``(II) the address of the customer or subscriber;
``(III) the telephone or instrument number, or other
subscriber number or identifier, of the customer or
subscriber, including any temporarily assigned network
address or associated routing or transmission information;
``(IV) the length of the provision of service by such
provider to the customer or subscriber and the types of
services utilized by the customer or subscriber;
``(V) in the case of a provider of local or long distance
telephone service, any local or long distance telephone
records of the customer or subscriber;
``(VI) if applicable, any records reflecting period of
usage (or sessions) by the customer or subscriber; and
``(VII) any mechanisms and sources of payment for such
service, including the number of any credit card or bank
account utilized for payment for such service; and
``(ii) if available, with respect to any customer or
subscriber of incoming or outgoing communications to or from
the service covered by the order--
``(I) the name of such customer or subscriber;
``(II) the address of such customer or subscriber;
``(III) the telephone or instrument number, or other
subscriber number or identifier, of such customer or
subscriber, including any temporarily assigned network
address or associated routing or transmission information;
and
``(IV) the length of the provision of service by such
provider to such customer or subscriber and the types of
services utilized by such customer or subscriber.''.
(b) Enhanced Oversight.--Section 406(a) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1846(a)) is
amended by inserting ``,
[[Page H11290]]
and the Committee on the Judiciary of the House of
Representatives and the Committee on the Judiciary of the
Senate,'' after ``of the Senate''.
TITLE II--TERRORIST DEATH PENALTY ENHANCEMENT
SEC. 201. SHORT TITLE.
This title may be cited as the ``Terrorist Death Penalty
Enhancement Act of 2005''.
Subtitle A--Terrorist Penalties Enhancement Act
SEC. 211. DEATH PENALTY PROCEDURES FOR CERTAIN AIR PIRACY
CASES OCCURRING BEFORE ENACTMENT OF THE FEDERAL
DEATH PENALTY ACT OF 1994.
(a) In General.--Section 60003 of the Violent Crime Control
and Law Enforcement Act of 1994, (Public Law 103-322), is
amended, as of the time of its enactment, by adding at the
end the following:
``(c) Death Penalty Procedures for Certain Previous
Aircraft Piracy Violations.--An individual convicted of
violating section 46502 of title 49, United States Code, or
its predecessor, may be sentenced to death in accordance with
the procedures established in chapter 228 of title 18,
United States Code, if for any offense committed before
the enactment of the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322), but after
the enactment of the Antihijacking Act of 1974 (Public Law
93-366), it is determined by the finder of fact, before
consideration of the factors set forth in sections
3591(a)(2) and 3592(a) and (c) of title 18, United States
Code, that one or more of the factors set forth in former
section 46503(c)(2) of title 49, United States Code, or
its predecessor, has been proven by the Government to
exist, beyond a reasonable doubt, and that none of the
factors set forth in former section 46503(c)(1) of title
49, United States Code, or its predecessor, has been
proven by the defendant to exist, by a preponderance of
the information. The meaning of the term `especially
heinous, cruel, or depraved', as used in the factor set
forth in former section 46503(c)(2)(B)(iv) of title 49,
United States Code, or its predecessor, shall be narrowed
by adding the limiting language `in that it involved
torture or serious physical abuse to the victim', and
shall be construed as when that term is used in section
3592(c)(6) of title 18, United States Code.''.
(b) Severability Clause.--If any provision of section
60003(b)(2) of the Violent Crime and Law Enforcement Act of
1994 (Public Law 103-322), or the application thereof to any
person or any circumstance is held invalid, the remainder of
such section and the application of such section to other
persons or circumstances shall not be affected thereby.
SEC. 212. POSTRELEASE SUPERVISION OF TERRORISTS.
Section 3583(j) of title 18, United States Code, is amended
in subsection (j), by striking ``, the commission'' and all
that follows through ``person,'' .
Subtitle B--Federal Death Penalty Procedures
SEC. 221. ELIMINATION OF PROCEDURES APPLICABLE ONLY TO
CERTAIN CONTROLLED SUBSTANCES ACT CASES.
Section 408 of the Controlled Substances Act (21 U.S.C.
848) is amended--
(1) in subsection (e)(2), by striking ``(1)(b)'' and
inserting (1)(B);
(2) by striking subsection (g) and all that follows through
subsection (p);
(3) by striking subsection (r); and
(4) in subsection (q), by striking paragraphs (1) through
(3).
SEC. 222. COUNSEL FOR FINANCIALLY UNABLE DEFENDANTS.
(a) In General.--Chapter 228 of title 18, United States
Code, is amended by adding at the end the following new
section:
``Sec. 3599. Counsel for financially unable defendants
``(a)(1) Notwithstanding any other provision of law to the
contrary, in every criminal action in which a defendant is
charged with a crime which may be punishable by death, a
defendant who is or becomes financially unable to obtain
adequate representation or investigative, expert, or other
reasonably necessary services at any time either--
``(A) before judgment; or
``(B) after the entry of a judgment imposing a sentence of
death but before the execution of that judgment;
shall be entitled to the appointment of one or more attorneys
and the furnishing of such other services in accordance with
subsections (b) through (f).
``(2) In any post conviction proceeding under section 2254
or 2255 of title 28, United States Code, seeking to vacate or
set aside a death sentence, any defendant who is or becomes
financially unable to obtain adequate representation or
investigative, expert, or other reasonably necessary services
shall be entitled to the appointment of one or more attorneys
and the furnishing of such other services in accordance with
subsections (b) through (f).
``(b) If the appointment is made before judgment, at least
one attorney so appointed must have been admitted to practice
in the court in which the prosecution is to be tried for not
less than five years, and must have had not less than three
years experience in the actual trial of felony prosecutions
in that court.
``(c) If the appointment is made after judgment, at least
one attorney so appointed must have been admitted to practice
in the court of appeals for not less than five years, and
must have had not less than three years experience in the
handling of appeals in that court in felony cases.
``(d) With respect to subsections (b) and (c), the court,
for good cause, may appoint another attorney whose
background, knowledge, or experience would otherwise enable
him or her to properly represent the defendant, with due
consideration to the seriousness of the possible penalty and
to the unique and complex nature of the litigation.
``(e) Unless replaced by similarly qualified counsel upon
the attorney's own motion or upon motion of the defendant,
each attorney so appointed shall represent the defendant
throughout every subsequent stage of available judicial
proceedings, including pretrial proceedings,
trial, sentencing, motions for new trial, appeals,
applications for writ of certiorari to the Supreme Court
of the United States, and all available post-conviction
process, together with applications for stays of execution
and other appropriate motions and procedures, and shall
also represent the defendant in such competency
proceedings and proceedings for executive or other
clemency as may be available to the defendant.
``(f) Upon a finding that investigative, expert, or other
services are reasonably necessary for the representation of
the defendant, whether in connection with issues relating to
guilt or the sentence, the court may authorize the
defendant's attorneys to obtain such services on behalf of
the defendant and, if so authorized, shall order the payment
of fees and expenses therefor under subsection (g). No ex
parte proceeding, communication, or request may be considered
pursuant to this section unless a proper showing is made
concerning the need for confidentiality. Any such proceeding,
communication, or request shall be transcribed and made a
part of the record available for appellate review.
``(g)(1) Compensation shall be paid to attorneys appointed
under this subsection at a rate of not more than $125 per
hour for in-court and out-of-court time. The Judicial
Conference is authorized to raise the maximum for hourly
payment specified in the paragraph up to the aggregate of the
overall average percentages of the adjustments in the rates
of pay for the General Schedule made pursuant to section 5305
of title 5 on or after such date. After the rates are raised
under the preceding sentence, such hourly range may be raised
at intervals of not less than one year, up to the aggregate
of the overall average percentages of such adjustments made
since the last raise under this paragraph.
``(2) Fees and expenses paid for investigative, expert, and
other reasonably necessary services authorized under
subsection (f) shall not exceed $7,500 in any case, unless
payment in excess of that limit is certified by the court, or
by the United States magistrate judge, if the services were
rendered in connection with the case disposed of entirely
before such magistrate judge, as necessary to provide fair
compensation for services of an unusual character or
duration, and the amount of the excess payment is approved by
the chief judge of the circuit. The chief judge of the
circuit may delegate such approval authority to an active
circuit judge.
``(3) The amounts paid under this paragraph for services in
any case shall be disclosed to the public, after the
disposition of the petition.''.
(b) Conforming Amendment.--The table of sections of the
bill is amended by inserting after the item relating to
section 3598 the following new item:
``3599. Counsel for financially unable defendants.''.
(c) Repeal.--Subsection (q) of section 408 of the
Controlled Substances Act is amended by striking paragraphs
(4) through (10).
TITLE III--REDUCING CRIME AND TERRORISM AT AMERICA'S SEAPORTS
SEC. 301. SHORT TITLE.
This title may be cited as the ``Reducing Crime and
Terrorism at America's Seaports Act of 2005''.
SEC. 302. ENTRY BY FALSE PRETENSES TO ANY SEAPORT.
(a) In General.--Section 1036 of title 18, United States
Code, is amended--
(1) in subsection (a)--
(A) in paragraph (2), by striking ``or'' at the end;
(B) by redesignating paragraph (3) as paragraph (4); and
(C) by inserting after paragraph (2) the following:
``(3) any secure or restricted area of any seaport,
designated as secure in an approved security plan, as
required under section 70103 of title 46, United States Code,
and the rules and regulations promulgated under that section;
or'';
(2) in subsection (b)(1), by striking ``5 years'' and
inserting ``10 years'';
(3) in subsection (c)(1), by inserting ``, captain of the
seaport,'' after ``airport authority''; and
(4) by striking the section heading and inserting the
following:
``Sec. 1036. Entry by false pretenses to any real property,
vessel, or aircraft of the United States or secure area of
any airport or seaport''.
(b) Technical and Conforming Amendment.--The table of
sections for chapter 47 of title 18 is amended by striking
the matter relating to section 1036 and inserting the
following:
``1036. Entry by false pretenses to any real property, vessel, or
aircraft of the United States or secure area of any
airport or seaport.''.
(c) Definition of Seaport.--Chapter 1 of title 18, United
States Code, is amended by adding at the end the following:
``Sec. 26. Definition of seaport
``As used in this title, the term `seaport' means all
piers, wharves, docks, and similar structures, adjacent to
any waters subject to the jurisdiction of the United States,
to which a vessel may be secured, including areas of land,
water, or land and water under and in immediate proximity to
such structures, buildings on or contiguous to such
structures, and the equipment and
[[Page H11291]]
materials on such structures or in such buildings.''.
(d) Technical and Conforming Amendment.--The table of
sections for chapter 1 of title 18 is amended by inserting
after the matter relating to section 25 the following:
``26. Definition of seaport.''.
SEC. 303. CRIMINAL SANCTIONS FOR FAILURE TO HEAVE TO,
OBSTRUCTION OF BOARDING, OR PROVIDING FALSE
INFORMATION.
(a) Offense.--Chapter 109 of title 18, United States Code,
is amended by adding at the end the following:
``Sec. 2237. Criminal sanctions for failure to heave to,
obstruction of boarding, or providing false information
``(a)(1) It shall be unlawful for the master, operator, or
person in charge of a vessel of the United States, or a
vessel subject to the jurisdiction of the United States, to
knowingly fail to obey an order by an authorized Federal law
enforcement officer to heave to that vessel.
``(2) It shall be unlawful for any person on board a vessel
of the United States, or a vessel subject to the jurisdiction
of the United States, to--
``(A) forcibly resist, oppose, prevent, impede, intimidate,
or interfere with a boarding or other law enforcement action
authorized by any Federal law or to resist a lawful arrest;
or
``(B) provide materially false information to a Federal law
enforcement officer during a boarding of a vessel regarding
the vessel's destination, origin, ownership, registration,
nationality, cargo, or crew.
``(b) Any person who intentionally violates this section
shall be fined under this title or imprisoned for not more
than 5 years, or both.
``(c) This section does not limit the authority of a
customs officer under section 581 of the Tariff Act of 1930
(19 U.S.C. 1581), or any other provision of law enforced or
administered by the Secretary of the Treasury or the
Secretary of Homeland Security, or the authority of any
Federal law enforcement officer under any law of the United
States, to order a vessel to stop or heave to.
``(d) A foreign nation may consent or waive objection to
the enforcement of United States law by the United States
under this section by radio, telephone, or similar oral or
electronic means. Consent or waiver may be proven by
certification of the Secretary of State or the designee of
the Secretary of State.
``(e) In this section--
``(1) the term `Federal law enforcement officer' has the
meaning given the term in section 115(c);
``(2) the term `heave to' means to cause a vessel to slow,
come to a stop, or adjust its course or speed to account for
the weather conditions and sea state to facilitate a law
enforcement boarding;
``(3) the term `vessel subject to the jurisdiction of the
United States' has the meaning given the term in section 2 of
the Maritime Drug Law Enforcement Act (46 U.S.C. App. 1903);
and
``(4) the term `vessel of the United States' has the
meaning given the term in section 2 of the Maritime Drug Law
Enforcement Act (46 U.S.C. App. 1903).''.
(b) Conforming Amendment.--The table of sections for
chapter 109, title 18, United States Code, is amended by
inserting after the item for section 2236 the following:
``2237. Criminal sanctions for failure to heave to, obstruction of
boarding, or providing false information.''.
SEC. 304. CRIMINAL SANCTIONS FOR VIOLENCE AGAINST MARITIME
NAVIGATION, PLACEMENT OF DESTRUCTIVE DEVICES.
(a) Placement of Destructive Devices.--Chapter 111 of title
18, United States Code, as amended by subsection (a), is
further amended by adding at the end the following:
``Sec. 2282A. Devices or dangerous substances in waters of
the United States likely to destroy or damage ships or to
interfere with maritime commerce
``(a) A person who knowingly places, or causes to be
placed, in navigable waters of the United States, by any
means, a device or dangerous substance which is likely to
destroy or cause damage to a vessel or its cargo, cause
interference with the safe navigation of vessels, or
interference with maritime commerce (such as by damaging or
destroying marine terminals, facilities, or any other marine
structure or entity used in maritime commerce) with the
intent of causing such destruction or damage, interference
with the safe navigation of vessels, or interference with
maritime commerce shall be fined under this title or
imprisoned for any term of years, or for life; or both.
``(b) A person who causes the death of any person by
engaging in conduct prohibited under subsection (a) may be
punished by death.
``(c) Nothing in this section shall be construed to apply
to otherwise lawfully authorized and conducted activities of
the United States Government.
``(d) In this section:
``(1) The term `dangerous substance' means any solid,
liquid, or gaseous material that has the capacity to cause
damage to a vessel or its cargo, or cause interference with
the safe navigation of a vessel.
``(2) The term `device' means any object that, because of
its physical, mechanical, structural, or chemical properties,
has the capacity to cause damage to a vessel or its cargo, or
cause interference with the safe navigation of a vessel.''.
(2) Conforming amendment.--The table of sections for
chapter 111 of title 18, United States Code, as amended by
subsection (b), is further amended by adding after the item
related to section 2282 the following:
``2282A. Devices or dangerous substances in waters of the United States
likely to destroy or damage ships or to interfere with
maritime commerce.''.
(b) Violence Against Maritime Navigation.--
(1) In general.--Chapter 111 of title 18, United States
Code as amended by subsections (a) and (c), is further
amended by adding at the end the following:
``Sec. 2282B. Violence against aids to maritime navigation
``Whoever intentionally destroys, seriously damages,
alters, moves, or tampers with any aid to maritime navigation
maintained by the Saint Lawrence Seaway Development
Corporation under the authority of section 4 of the Act of
May 13, 1954 (33 U.S.C. 984), by the Coast Guard pursuant to
section 81 of title 14, United States Code, or lawfully
maintained under authority granted by the Coast Guard
pursuant to section 83 of title 14, United States Code, if
such act endangers or is likely to endanger the safe
navigation of a ship, shall be fined under this title or
imprisoned for not more than 20 years, or both.''.
(2) Conforming amendment.--The table of sections for
chapter 111 of title 18, United States Code, as amended by
subsections (b) and (d) is further amended by adding after
the item related to section 2282A the following:
``2282B. Violence against aids to maritime navigation.''.
SEC. 305. TRANSPORTATION OF DANGEROUS MATERIALS AND
TERRORISTS.
(a) Transportation of Dangerous Materials and Terrorists.--
Chapter 111 of title 18, as amended by section 305, is
further amended by adding at the end the following:
``Sec. 2283. Transportation of explosive, biological,
chemical, or radioactive or nuclear materials
``(a) In General.--Whoever knowingly transports aboard any
vessel within the United States and on waters subject to the
jurisdiction of the United States or any vessel outside the
United States and on the high seas or having United States
nationality an explosive or incendiary device, biological
agent, chemical weapon, or radioactive or nuclear material,
knowing that any such item is intended to be used to commit
an offense listed under section 2332b(g)(5)(B), shall be
fined under this title or imprisoned for any term of years or
for life, or both.
``(b) Causing Death.--Any person who causes the death of a
person by engaging in conduct prohibited by subsection (a)
may be punished by death.
``(c) Definitions.--In this section:
``(1) Biological agent.--The term `biological agent' means
any biological agent, toxin, or vector (as those terms are
defined in section 178).
``(2) By-product material.--The term `by-product material'
has the meaning given that term in section 11(e) of the
Atomic Energy Act of 1954 (42 U.S.C. 2014(e)).
``(3) Chemical weapon.--The term `chemical weapon' has the
meaning given that term in section 229F(1).
``(4) Explosive or incendiary device.--The term `explosive
or incendiary device' has the meaning given the term in
section 232(5) and includes explosive materials, as that term
is defined in section 841(c) and explosive as defined in
section 844(j).
``(5) Nuclear material.--The term `nuclear material' has
the meaning given that term in section 831(f)(1).
``(6) Radioactive material.--The term `radioactive
material' means--
``(A) source material and special nuclear material, but
does not include natural or depleted uranium;
``(B) nuclear by-product material;
``(C) material made radioactive by bombardment in an
accelerator; or
``(D) all refined isotopes of radium.
``(8) Source material.--The term `source material' has the
meaning given that term in section 11(z) of the Atomic Energy
Act of 1954 (42 U.S.C. 2014(z)).
``(9) Special nuclear material.--The term `special nuclear
material' has the meaning given that term in section 11(aa)
of the Atomic Energy Act of 1954 (42 U.S.C. 2014(aa)).
``Sec. 2284. Transportation of terrorists
``(a) In General.--Whoever knowingly and intentionally
transports any terrorist aboard any vessel within the United
States and on waters subject to the jurisdiction of the
United States or any vessel outside the United States and
on the high seas or having United States nationality,
knowing that the transported person is a terrorist, shall
be fined under this title or imprisoned for any term of
years or for life, or both.
``(b) Defined Term.--In this section, the term `terrorist'
means any person who intends to commit, or is avoiding
apprehension after having committed, an offense listed under
section 2332b(g)(5)(B).''.
(b) Conforming Amendment.--The table of sections for
chapter 111 of title 18, United States Code, as amended by
section 305, is further amended by adding at the end the
following:
``2283. Transportation of explosive, chemical, biological, or
radioactive or nuclear materials.
``2284. Transportation of terrorists.''.
SEC. 306. DESTRUCTION OF, OR INTERFERENCE WITH, VESSELS OR
MARITIME FACILITIES.
(a) In General.--Title 18, United States Code, is amended
by inserting after chapter 111 the following:
``CHAPTER 111A--DESTRUCTION OF, OR INTERFERENCE WITH, VESSELS OR
MARITIME FACILITIES
``Sec.
``2290. Jurisdiction and scope.
``2291. Destruction of vessel or maritime facility.
[[Page H11292]]
``2292. Imparting or conveying false information.
``Sec. 2290. Jurisdiction and scope
``(a) Jurisdiction.--There is jurisdiction, including
extraterritorial jurisdiction, over an offense under this
chapter if the prohibited activity takes place--
``(1) within the United States and within waters subject to
the jurisdiction of the United States; or
``(2) outside United States and--
``(A) an offender or a victim is a national of the United
States (as that term is defined under section 101(a)(22) of
the Immigration and Nationality Act (8 U.S.C. 1101(a)(22));
``(B) the activity involves a vessel in which a national of
the United States was on board; or
``(C) the activity involves a vessel of the United States
(as that term is defined under section 2 of the Maritime Drug
Law Enforcement Act (46 U.S.C. App. 1903).
``(b) Scope.--Nothing in this chapter shall apply to
otherwise lawful activities carried out by or at the
direction of the United States Government.
``Sec. 2291. Destruction of vessel or maritime facility
``(a) Offense.--Whoever knowingly--
``(1) sets fire to, damages, destroys, disables, or wrecks
any vessel;
``(2) places or causes to be placed a destructive device,
as defined in section 921(a)(4), destructive substance, as
defined in section 31(a)(3), or an explosive, as defined in
section 844(j) in, upon, or near, or otherwise makes or
causes to be made unworkable or unusable or hazardous to work
or use, any vessel, or any part or other materials used or
intended to be used in connection with the operation of a
vessel;
``(3) sets fire to, damages, destroys, or disables or
places a destructive device or substance in, upon, or near,
any maritime facility, including any aid to navigation, lock,
canal, or vessel traffic service facility or equipment;
``(4) interferes by force or violence with the operation of
any maritime facility, including any aid to navigation, lock,
canal, or vessel traffic service facility or equipment, if
such action is likely to endanger the safety of any vessel in
navigation;
``(5) sets fire to, damages, destroys, or disables or
places a destructive device or substance in, upon, or near,
any appliance, structure, property, machine, or apparatus, or
any facility or other material used, or intended to be used,
in connection with the operation, maintenance, loading,
unloading, or storage of any vessel or any passenger or cargo
carried or intended to be carried on any vessel;
``(6) performs an act of violence against or incapacitates
any individual on any vessel, if such act of violence or
incapacitation is likely to endanger the safety of the vessel
or those on board;
``(7) performs an act of violence against a person that
causes or is likely to cause serious bodily injury, as
defined in section 1365(h)(3), in, upon, or near, any
appliance, structure, property, machine, or apparatus, or any
facility or other material used, or intended to be used, in
connection with the operation, maintenance, loading,
unloading, or storage of any vessel or any passenger or cargo
carried or intended to be carried on any vessel;
``(8) communicates information, knowing the information to
be false and under circumstances in which such information
may reasonably be believed, thereby endangering the safety of
any vessel in navigation; or
``(9) attempts or conspires to do anything prohibited under
paragraphs (1) through (8),
shall be fined under this title or imprisoned not more than
20 years, or both.
``(b) Limitation.--Subsection (a) shall not apply to any
person that is engaging in otherwise lawful activity, such as
normal repair and salvage activities, and the transportation
of hazardous materials regulated and allowed to be
transported under chapter 51 of title 49.
``(c) Penalty.--Whoever is fined or imprisoned under
subsection (a) as a result of an act involving a vessel that,
at the time of the violation, carried high-level radioactive
waste (as that term is defined in section 2(12) of the
Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101(12)) or
spent nuclear fuel (as that term is defined in section 2(23)
of the Nuclear Waste Policy Act of 1982 (42 U.S.C.
10101(23)), shall be fined under this title, imprisoned for a
term up to life, or both.
``(d) Penalty When Death Results.--Whoever is convicted of
any crime prohibited by subsection (a) and intended to cause
death by the prohibited conduct, if the conduct resulted in
the death of any person, shall be subject also to the death
penalty or to a term of imprisonment for a period up to life.
``(e) Threats.--Whoever knowingly and intentionally imparts
or conveys any threat to do an act which would violate this
chapter, with an apparent determination and will to carry the
threat into execution, shall be fined under this title or
imprisoned not more than 5 years, or both, and is liable for
all costs incurred as a result of such threat.
``Sec. 2292. Imparting or conveying false information
``(a) In General.--Whoever imparts or conveys or causes to
be imparted or conveyed false information, knowing the
information to be false, concerning an attempt or alleged
attempt being made or to be made, to do any act that would be
a crime prohibited by this chapter or by chapter 111 of this
title, shall be subject to a civil penalty of not more than
$5,000, which shall be recoverable in a civil action brought
in the name of the United States.
``(b) Malicious Conduct.--Whoever knowingly, intentionally,
maliciously, or with reckless disregard for the safety of
human life, imparts or conveys or causes to be imparted or
conveyed false information, knowing the information to be
false, concerning an attempt or alleged attempt to do any act
which would be a crime prohibited by this chapter or by
chapter 111 of this title, shall be fined under this title or
imprisoned not more than 5 years.
``(c) Jurisdiction.--
``(1) In general.--Except as provided under paragraph (2),
section 2290(a) shall not apply to any offense under this
section.
``(2) Jurisdiction.--Jurisdiction over an offense under
this section shall be determined in accordance with the
provisions applicable to the crime prohibited by this
chapter, or by chapter 111 of this title, to which the
imparted or conveyed false information relates, as
applicable.
``Sec. 2293. Bar to prosecution
``(a) In General.--It is a bar to prosecution under this
chapter if--
``(1) the conduct in question occurred within the United
States in relation to a labor dispute, and such conduct is
prohibited as a felony under the law of the State in which it
was committed; or
``(2) such conduct is prohibited as a misdemeanor, and not
as a felony, under the law of the State in which it was
committed.
``(b) Definitions.--In this section:
``(1) Labor dispute.--The term `labor dispute' has the same
meaning given that term in section 13(c) of the Act to amend
the Judicial Code and to define and limit the jurisdiction of
courts sitting in equity, and for other purposes (29 U.S.C.
113(c), commonly known as the Norris-LaGuardia Act).
``(2) State.--The term `State' means a State of the United
States, the District of Columbia, and any commonwealth,
territory, or possession of the United States.''.
(b) Conforming Amendment.--The table of chapters at the
beginning of title 18, United States Code, is amended by
inserting after the item for chapter 111 the following:
``111A. Destruction of, or interference with, vessels or maritime
facilities..................................................2290''.
SEC. 307. THEFT OF INTERSTATE OR FOREIGN SHIPMENTS OR
VESSELS.
(a) Theft of Interstate or Foreign Shipments.--Section 659
of title 18, United States Code, is amended--
(1) in the first undesignated paragraph--
(A) by inserting ``trailer,'' after ``motortruck,'';
(B) by inserting ``air cargo container,'' after
``aircraft,''; and
(C) by inserting ``, or from any intermodal container,
trailer, container freight station, warehouse, or freight
consolidation facility,'' after ``air navigation facility'';
(2) in the fifth undesignated paragraph, by striking ``in
each case'' and all that follows through ``or both'' the
second place it appears and inserting ``be fined under this
title or imprisoned not more than 10 years, or both, but if
the amount or value of such money, baggage, goods, or
chattels is less than $1,000, shall be fined under this title
or imprisoned for not more than 3 years, or both''; and
(3) by inserting after the first sentence in the eighth
undesignated paragraph the following: ``For purposes of this
section, goods and chattel shall be construed to be moving as
an interstate or foreign shipment at all points between the
point of origin and the final destination (as evidenced by
the waybill or other shipping document of the shipment),
regardless of any temporary stop while awaiting transshipment
or otherwise.''.
(b) Stolen Vessels.--
(1) In general.--Section 2311 of title 18, United States
Code, is amended by adding at the end the following, as a new
undesignated paragraph: `` `Vessel' means any watercraft or
other contrivance used or designed for transportation or
navigation on, under, or immediately above, water.''.
(2) Transportation and sale of stolen vessels.--
(A) Transportation.--Section 2312 of title 18, United
States Code, is amended by striking ``motor vehicle or
aircraft'' and inserting ``motor vehicle, vessel, or
aircraft''.
(B) Sale.--Section 2313(a) of title 18, United States Code,
is amended by striking ``motor vehicle or aircraft'' and
inserting ``motor vehicle, vessel, or aircraft''.
(c) Review of Sentencing Guidelines.--Pursuant to section
994 of title 28, United States Code, the United States
Sentencing Commission shall review the Federal Sentencing
Guidelines to determine whether sentencing enhancement is
appropriate for any offense under section 659 or 2311 of
title 18, United States Code, as amended by this title.
(d) Annual Report of Law Enforcement Activities.--The
Attorney General shall annually submit to Congress a report,
which shall include an evaluation of law enforcement
activities relating to the investigation and prosecution of
offenses under section 659 of title 18, United States Code,
as amended by this title.
(e) Reporting of Cargo Theft.--The Attorney General shall
take the steps necessary to ensure that reports of cargo
theft collected by Federal, State, and local officials are
reflected as a separate category in the Uniform Crime
Reporting System, or any successor system, by no later than
December 31, 2006.
SEC. 308. STOWAWAYS ON VESSELS OR AIRCRAFT.
Section 2199 of title 18, United States Code, is amended by
striking ``Shall be fined under this title or imprisoned not
more than one year, or both.'' and inserting the following:
``(1) shall be fined under this title, imprisoned not more
than 5 years, or both;
``(2) if the person commits an act proscribed by this
section, with the intent to commit serious bodily injury, and
serious bodily injury occurs (as defined under section 1365,
including any conduct that, if the conduct occurred in the
special maritime and territorial jurisdiction of the
[[Page H11293]]
United States, would violate section 2241 or 2242) to any
person other than a participant as a result of a violation of
this section, shall be fined under this title or imprisoned
not more than 20 years, or both; and
``(3) if an individual commits an act proscribed by this
section, with the intent to cause death, and if the death of
any person other than a participant occurs as a result of a
violation of this section, shall be fined under this title,
imprisoned for any number of years or for life, or both.''.
SEC. 309. BRIBERY AFFECTING PORT SECURITY.
(a) In General.--Chapter 11 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 226. Bribery affecting port security
``(a) In General.--Whoever knowingly--
``(1) directly or indirectly, corruptly gives, offers, or
promises anything of value to any public or private person,
with intent to commit international terrorism or domestic
terrorism (as those terms are defined under section 2331),
to--
``(A) influence any action or any person to commit or aid
in committing, or collude in, or allow, any fraud, or make
opportunity for the commission of any fraud affecting any
secure or restricted area or seaport; or
``(B) induce any official or person to do or omit to do any
act in violation of the lawful duty of such official or
person that affects any secure or restricted area or seaport;
or
``(2) directly or indirectly, corruptly demands, seeks,
receives, accepts, or agrees to receive or accept anything of
value personally or for any other person or entity in return
for--
``(A) being influenced in the performance of any official
act affecting any secure or restricted area or seaport; and
``(B) knowing that such influence will be used to commit,
or plan to commit, international or domestic terrorism,
shall be fined under this title or imprisoned not more than
15 years, or both.
``(b) Definition.--In this section, the term `secure or
restricted area' means an area of a vessel or facility
designated as secure in an approved security plan, as
required under section 70103 of title 46, United States Code,
and the rules and regulations promulgated under that
section.''.
(b) Conforming Amendment.--The table of sections for
chapter 11 of title 18, United States Code, is amended by
adding at the end the following:
``226. Bribery affecting port security.''.
SEC. 310. PENALTIES FOR SMUGGLING GOODS INTO THE UNITED
STATES.
The third undesignated paragraph of section 545 of title
18, United States Code, is amended by striking ``5 years''
and inserting ``20 years''.
SEC. 311. SMUGGLING GOODS FROM THE UNITED STATES.
(a) In General.--Chapter 27 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 554. Smuggling goods from the United States
``(a) In General.--Whoever fraudulently or knowingly
exports or sends from the United States, or attempts to
export or send from the United States, any merchandise,
article, or object contrary to any law or regulation of the
United States, or receives, conceals, buys, sells, or in any
manner facilitates the transportation, concealment, or sale
of such merchandise, article or object, prior to exportation,
knowing the same to be intended for exportation contrary to
any law or regulation of the United States, shall be fined
under this title, imprisoned not more than 10 years, or both.
``(b) Definition.--In this section, the term `United
States' has the meaning given that term in section 545.''.
(b) Conforming Amendment.--The chapter analysis for chapter
27 of title 18, United States Code, is amended by adding at
the end the following:
``554. Smuggling goods from the United States.''.
(c) Specified Unlawful Activity.--Section 1956(c)(7)(D) of
title 18, United States Code, is amended by inserting
``section 554 (relating to smuggling goods from the United
States),'' before ``section 641 (relating to public money,
property, or records),''.
(d) Tariff Act of 1990.--Section 596 of the Tariff Act of
1930 (19 U.S.C. 1595a) is amended by adding at the end the
following:
``(d) Merchandise exported or sent from the United States
or attempted to be exported or sent from the United States
contrary to law, or the proceeds or value thereof, and
property used to facilitate the exporting or sending of such
merchandise, the attempted exporting or sending of such
merchandise, or the receipt, purchase, transportation,
concealment, or sale of such merchandise prior to exportation
shall be seized and forfeited to the United States.''.
(e) Removing Goods From Customs Custody.--Section 549 of
title 18, United States Code, is amended in the 5th paragraph
by striking ``two years'' and inserting ``10 years''.
TITLE IV--COMBATING TERRORISM FINANCING
SEC. 401. SHORT TITLE.
This title may be cited as the ``Combating Terrorism
Financing Act of 2005''.
SEC. 402. INCREASED PENALTIES FOR TERRORISM FINANCING.
Section 206 of the International Emergency Economic Powers
Act (50 U.S.C. 1705) is amended--
(1) in subsection (a), by deleting ``$10,000'' and
inserting ``$50,000''.
(2) in subsection (b), by deleting ``ten years'' and
inserting ``twenty years''.
SEC. 403. TERRORISM-RELATED SPECIFIED ACTIVITIES FOR MONEY
LAUNDERING.
(a) Amendments to RICO.--Section 1961(1) of title 18,
United States Code, is amended in subparagraph (B), by
inserting ``section 1960 (relating to illegal money
transmitters),'' before ``sections 2251''.
(b) Amendment to Section 1956(c)(7).--Section 1956(c)(7)(D)
of title 18, United States Code, is amended by striking ``or
any felony violation of the Foreign Corrupt Practices Act''
and inserting ``any felony violation of the Foreign Corrupt
Practices Act''.
(c) Conforming Amendments to Sections 1956(e) and
1957(e).--
(1) Section 1956(e) of title 18, United States Code, is
amended to read as follows:
``(e) Violations of this section may be investigated by
such components of the Department of Justice as the Attorney
General may direct, and by such components of the Department
of the Treasury as the Secretary of the Treasury may direct,
as appropriate, and, with respect to offenses over which the
Department of Homeland Security has jurisdiction, by such
components of the Department of Homeland Security as the
Secretary of Homeland Security may direct, and, with respect
to offenses over which the United States Postal Service has
jurisdiction, by the Postal Service. Such authority of the
Secretary of the Treasury, the Secretary of Homeland
Security, and the Postal Service shall be exercised in
accordance with an agreement which shall be entered into by
the Secretary of the Treasury, the Secretary of Homeland
Security, the Postal Service, and the Attorney General.
Violations of this section involving offenses described in
paragraph (c)(7)(E) may be investigated by such components of
the Department of Justice as the Attorney General may direct,
and the National Enforcement Investigations Center of the
Environmental Protection Agency.''.
(2) Section 1957(e) of title 18, United States Code, is
amended to read as follows:
``(e) Violations of this section may be investigated by
such components of the Department of Justice as the Attorney
General may direct, and by such components of the Department
of the Treasury as the Secretary of the Treasury may direct,
as appropriate, and, with respect to offenses over which the
Department of Homeland Security has jurisdiction, by such
components of the Department of Homeland Security as the
Secretary of Homeland Security may direct, and, with respect
to offenses over which the United States Postal Service has
jurisdiction, by the Postal Service. Such authority of the
Secretary of the Treasury, the Secretary of Homeland
Security, and the Postal Service shall be exercised in
accordance with an agreement which shall be entered into by
the Secretary of the Treasury, the Secretary of Homeland
Security, the Postal Service, and the Attorney General.''.
SEC. 404. ASSETS OF PERSONS COMMITTING TERRORIST ACTS AGAINST
FOREIGN COUNTRIES OR INTERNATIONAL
ORGANIZATIONS.
Section 981(a)(1)(G) of title 18, United States Code, is
amended--
(1) by striking ``or'' at the end of clause (ii);
(2) by striking the period at the end of clause (iii) and
inserting ``; or''; and
(3) by inserting the following after clause (iii):
``(iv) of any individual, entity, or organization engaged
in planning or perpetrating any act of international
terrorism (as defined in section 2331) against any
international organization (as defined in section 209 of the
State Department Basic Authorities Act of 1956 (22 U.S.C.
4309(b)) or against any foreign Government. Where the
property sought for forfeiture is located beyond the
territorial boundaries of the United States, an act in
furtherance of such planning or perpetration must have
occurred within the jurisdiction of the United States.''.
SEC. 405. MONEY LAUNDERING THROUGH HAWALAS.
Section 1956(a)(1) of title 18, United States Code, is
amended by adding at the end the following: ``For purposes of
this paragraph, a financial transaction shall be considered
to be one involving the proceeds of specified unlawful
activity if it is part of a set of parallel or dependent
transactions, any one of which involves the proceeds of
specified unlawful activity, and all of which are part of a
single plan or arrangement.''.
SEC. 406. TECHNICAL AND CONFORMING AMENDMENTS RELATING TO THE
USA PATRIOT ACT.
(a) Technical Corrections.--
(1) Section 322 of Public Law 107-56 is amended by striking
``title 18'' and inserting ``title 28''.
(2) Section 1956(b)(3) and (4) of title 18, United States
Code, are amended by striking ``described in paragraph (2)''
each time it appears; and
(3) Section 981(k) of title 18, United States Code, is
amended by striking ``foreign bank'' each time it appears and
inserting ``foreign financial institution (as defined in
section 984(c)(2)(A) of this title)''.
(b) Codification of Section 316 of the USA PATRIOT Act.--
(1) Chapter 46 of title 18, United States Code, is
amended--
(A) in the chapter analysis, by inserting at the end the
following:
``987. Anti-terrorist forfeiture protection.''
; and
(B) by inserting at the end the following:
``Sec. 987. Anti-terrorist forfeiture protection
``(a) Right to Contest .--An owner of property that is
confiscated under any provision of law relating to the
confiscation of assets of suspected international terrorists,
may contest that confiscation by filing a claim in the manner
set forth in the Federal Rules of Civil Procedure
(Supplemental Rules for Certain Admiralty and Maritime
Claims), and asserting as an affirmative defense that--
``(1) the property is not subject to confiscation under
such provision of law; or
[[Page H11294]]
``(2) the innocent owner provisions of section 983(d) of
title 18, United States Code, apply to the case.
``(b) Evidence.--In considering a claim filed under this
section, a court may admit evidence that is otherwise
inadmissible under the Federal Rules of Evidence, if the
court determines that the evidence is reliable, and that
compliance with the Federal Rules of Evidence may jeopardize
the national security interests of the United States.
``(c) Clarifications.--
``(1) Protection of rights.--The exclusion of certain
provisions of Federal law from the definition of the term
`civil forfeiture statute' in section 983(i) of title 18,
United States Code, shall not be construed to deny an owner
of property the right to contest the confiscation of assets
of suspected international terrorists under--
``(A) subsection (a) of this section;
``(B) the Constitution; or
``(C) subchapter II of chapter 5 of title 5, United States
Code (commonly known as the `Administrative Procedure Act').
``(2) Savings clause.--Nothing in this section shall limit
or otherwise affect any other remedies that may be available
to an owner of property under section 983 of title 18, United
States Code, or any other provision of law.''.
(2) Subsections (a), (b), and (c) of section 316 of Public
Law 107-56 are repealed.
(c) Conforming Amendments Concerning Conspiracies.--
(1) Section 33(a) of title 18, United States Code is
amended by inserting ``or conspires'' before ``to do any of
the aforesaid acts''.
(2) Section 1366(a) of title 18, United States Code, is
amended--
(A) by striking ``attempts'' each time it appears and
inserting ``attempts or conspires''; and
(B) by inserting ``, or if the object of the conspiracy had
been achieved,'' after ``the attempted offense had been
completed''.
SEC. 407. CROSS REFERENCE CORRECTION.
Section 5318(n)(4)(A) of title 31, United States Code, is
amended by striking ``National Intelligence Reform Act of
2004'' and inserting ``Intelligence Reform and Terrorism
Prevention Act of 2004''.
SEC. 408. AMENDMENT TO AMENDATORY LANGUAGE.
Section 6604 of the Intelligence Reform and Terrorism
Prevention Act of 2004 is amended (effective on the date of
the enactment of that Act)--
(1) by striking ``Section 2339c(c)(2)'' and inserting
``Section 2339C(c)(2)''; and
(2) by striking ``Section 2339c(e)'' and inserting
``Section 2339C(e)''.
SEC. 409. DESIGNATION OF ADDITIONAL MONEY LAUNDERING
PREDICATE.
Section 1956(c)(7)(D) of title 18, United States Code, is
amended--
(1) by inserting ``, section 2339C (relating to financing
of terrorism), or section 2339D (relating to receiving
military-type training from a foreign terrorist
organization)'' after ``section 2339A or 2339B (relating to
providing material support to terrorists)''; and
(2) by striking ``or'' before ``section 2339A or 2339B''.
SEC. 410. UNIFORM PROCEDURES FOR CRIMINAL FORFEITURE.
Section 2461(c) of title 28, United States Code, is
amended to read as follows:
``(c) If a person is charged in a criminal case with a
violation of an Act of Congress for which the civil or
criminal forfeiture of property is authorized, the Government
may include notice of the forfeiture in the indictment or
information pursuant to the Federal Rules of Criminal
Procedure. If the defendant is convicted of the offense
giving rise to the forfeiture, the court shall order the
forfeiture of the property as part of the sentence in the
criminal case pursuant to to the Federal Rules of Criminal
Procedure and section 3554 of title 18, United States Code.
The procedures in section 413 of the Controlled Substances
Act (21 U.S.C. 853) apply to all stages of a criminal
forfeiture proceeding, except that subsection (d) of such
section applies only in cases in which the defendant is
convicted of a violation of such Act."''.
TITLE V--MISCELLANEOUS PROVISIONS
SEC. 501. RESIDENCE OF UNITED STATES ATTORNEYS AND ASSISTANT
UNITED STATES ATTORNEYS.
(a) In General.--Subsection (a) of section 545 of title 28,
United States Code, is amended by adding at the end the
following new sentence: ``Pursuant to an order from the
Attorney General or his designee, a United States attorney or
an assistant United States attorney may be assigned dual or
additional responsibilities that exempt such officer from the
residency requirement in this subsection for a specific
period as established by the order and subject to renewal.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect as of February 1, 2005.
SEC. 502. INTERIM APPOINTMENT OF UNITED STATES ATTORNEYS.
Section 546 of title 28, United States Code, is amended by
striking subsections (c) and (d) and inserting the following
new subsection:
``(c) A person appointed as United States attorney under
this section may serve until the qualification of a United
States Attorney for such district appointed by the President
under section 541 of this title. ''.
SEC. 503. SECRETARY OF HOMELAND SECURITY IN PRESIDENTIAL LINE
OF SUCCESSION.
Section 19(d)(1) of title 3, United States Code, is amended
by inserting ``, Secretary of Homeland Security'' after
``Secretary of Veterans Affairs''.
SEC. 504. BUREAU OF ALCOHOL, TOBACCO AND FIREARMS TO THE
DEPARTMENT OF JUSTICE.
The second sentence of section 1111(a)(2) of the Homeland
Security Act of 2002 (6 U.S.C. 531(a)(2)) is amended by
striking ``Attorney General'' the first place it appears and
inserting ``President, by and with the advice and consent of
the Senate''.
SEC. 505. QUALIFICATIONS OF UNITED STATES MARSHALS.
Section 561 of title 28, United States Code, is amended by
adding at the end the following new subsection:
``(i) Each marshal appointed under this section should
have--
``(1) a minimum of 4 years of command-level law enforcement
management duties, including personnel, budget, and
accountable property issues, in a police department,
sheriff's office or Federal law enforcement agency;
``(2) experience in coordinating with other law enforcement
agencies, particularly at the State and local level;
``(3) college-level academic experience; and
``(4) experience in or with county, State, and Federal
court systems or experience with protection of court
personnel, jurors, and witnesses.''.
SECTION 506. DEPARTMENT OF JUSTICE INTELLIGENCE MATTERS.
(a) Assistant Attorney General for National Security.--
(1) In general.--Chapter 31 of title 28, United States
Code, is amended by inserting after section 507 the following
new section:
``Sec. 507A. Assistant Attorney General for National Security
``(a) Of the Assistant Attorneys General appointed under
section 506, one shall serve, upon the designation of the
President, as the Assistant Attorney General for National
Security.
``(b) The Assistant Attorney General for National Security
shall--
``(1) serve as the head of the National Security Division
of the Department of Justice under section 509A of this
title;
``(2) serve as primary liaison to the Director of National
Intelligence for the Department of Justice; and
``(3) perform such other duties as the Attorney General may
prescribe.''.
(2) Additional assistant attorney general.--Section 506 of
title 28, United States Code, is amended by striking ``ten''
and inserting ``11''.
(3) Executive schedule matters.--Section 5315 of title 5,
United States Code, is amended by striking the matter
relating to Assistant Attorneys General and inserting the
following:
`` Assistant Attorneys General (11).''.
(4) Consultation of director of national intelligence in
appointment.--Section 106(c)(2) of the National Security Act
of 1947 (50 U.S.C. 403-6(c)(2)) is amended by adding at the
end the following new subparagraph:
``(C) The Assistant Attorney General designated as the
Assistant Attorney General for National Security under
section 507A of title 28, United States Code.''.
(5) Authority to act for attorney general under foreign
intelligence surveillance act of 1978.--Section 101(g) of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1801(g)) is amended by striking ``or the Deputy Attorney
General'' and inserting ``, the Deputy Attorney General, or,
upon the designation of the Attorney General, the Assistant
Attorney General designated as the Assistant Attorney General
for National Security under section 507A of title 28, United
States Code''.
(6) Authorization for interception of communications.--
Section 2516(1) of title 18, United States Code, is amended
by inserting ``or National Security Division'' after ``the
Criminal Division''.
(7) Authority to act for attorney general in matters
involving witness relocation or protection.--Section
3521(d)(3) of title 18, United States Code, is amended by
striking ``to the Assistant Attorney General in charge of
the Criminal Division of the Department of Justice'' and
inserting ``to any Assistant Attorney General in charge of
the Criminal Division or National Security Division of the
Department of Justice''.
(8) Prosecution of cases involving classified
information.--Section 9A(a) of the Classified Information
Procedures Act (18 U.S.C. App.) is amended by inserting ``or
the Assistant Attorney General for National Security, as
appropriate,'' after ``Assistant Attorney General for the
Criminal Division''.
(9) Intelligence and national security aspects of espionage
prosecution.--Section 341(b) of the Intelligence
Authorization Act for Fiscal Year 2004 (28 U.S.C. 519 note)
is amended by striking ``acting through the Office of
Intelligence Policy and Review of the Department of Justice''
and inserting ``acting through the Assistant Attorney General
for National Security''.
(10) Certifications for certain undercover foreign
intelligence and counterintelligence investigative
operations.--Section 102(b)(1) of Public Law 102-395 (28
U.S.C. 533 note) is amended by striking ``Counsel for
Intelligence Policy'' and inserting ``Assistant Attorney
General for National Security''.
(11) Inclusion in federal law enforcement community for
emergency federal law enforcements assistance purposes.--
Section 609N(2) of the Justice Assistance Act of 1984 (42
U.S.C. 10502(2)) is amended--
(A) by redesignating subparagraphs (L) and (M) as
subparagraphs (M) and (N), respectively; and
(B) by inserting after subparagraph (K) the following new
subparagraph (L):
``(L) the National Security Division of the Department of
Justice,''.
(b) National Security Division of Department of Justice.--
(1) In general.--Chapter 31 of title 28, United States
Code, is further amended by inserting after section 509 the
following new section:
[[Page H11295]]
``Sec. 509A. National Security Division
``(a) There is a National Security Division of the
Department of Justice.
``(b) The National Security Division shall consist of the
elements of the Department of Justice (other than the Federal
Bureau of Investigation) engaged primarily in support of the
intelligence and intelligence-related activities of the
United States Government, including the following:
``(1) The Assistant Attorney General designated as the
Assistant Attorney General for National Security under
section 507A of this title.
``(2) The Office of Intelligence Policy and Review (or any
successor organization).
``(3) The counterterrorism section (or any successor
organization).
``(4) The counterespionage section (or any successor
organization).
``(5) Any other element, component, or office designated by
the Attorney General.''.
(2) Prohibition on political activity.--Section 7323(b)(3)
of title 5, United States Code, is amended by inserting ``or
National Security Division'' after ``Criminal Division''.
(c) Clerical Amendments.--The table of sections at the
beginning of chapter 31 of title 28, United States Code, is
amended--
(1) by inserting after the item relating to section 507 the
following new item:
``507A. Assistant Attorney General for National Security.'';
and
(2) by inserting after the item relating to section 509 the
following new item:
``509A. National Security Division.''.
(d) Procedures for Confirmation of the Assistant Attorney
General for National Security.--(1) Section 17 of Senate
Resolution 400 (94th Congress) is amended--
(A) in subsection (a), by striking ``(a) The'' and
inserting ``(a)(1) Except as otherwise provided in subsection
(b), the'';
(B) in subsection (b), by striking ``(b)'' and inserting
``(2)''; and
(C) by inserting after subsection (a) the following new
subsection:
``(b)(1) With respect to the confirmation of the Assistant
Attorney General for National Security, or any successor
position, the nomination of any individual by the President
to serve in such position shall be referred to the Committee
on the Judiciary and, if and when reported, to the select
Committee for not to exceed 20 calendar days, except that in
cases when the 20-day period expires while the Senate is in
recess, the select Committee shall have 5 additional calendar
days after the Senate reconvenes to report the nomination.
``(2) If, upon the expiration of the period described in
paragraph (1), the select Committee has not reported the
nomination, such nomination shall be automatically discharged
from the select Committee and placed on the Executive
Calendar.''.
(2) Paragraph (1) is enacted--
(A) as an exercise of the rulemaking power of the Senate;
and
(B) with full recognition of the constitutional right of
the Senate to change the rules of the Senate at any time and
to the same extent as in the case of any other rule of the
Senate.
SEC. 507. REVIEW BY ATTORNEY GENERAL.
(a) Applicability.--Section 2261 of title 28, United States
Code, is amended by striking subsection (b) and inserting the
following:
``(b) Counsel.--This chapter is applicable if--
``(1) the Attorney General of the United States certifies
that a State has established a mechanism for providing
counsel in postconviction proceedings as provided in section
2265; and
``(2) counsel was appointed pursuant to that mechanism,
petitioner validly waived counsel, petitioner retained
counsel, or petitioner was found not to be indigent.''.
(b) Scope of Prior Representation.--Section 2261(d) of
title 28, United States Code is amended by striking ``or on
direct appeal''.
(c) Certification and Judicial Review.--
(1) In general.--Chapter 154 of title 28, United States
Code, is amended by striking section 2265 and inserting the
following:
``Sec. 2265. Certification and judicial review
``(a) Certification.--
``(1) In general.--If requested by an appropriate State
official, the Attorney General of the United States shall
determine--
``(A) whether the State has established a mechanism for the
appointment, compensation, and payment of reasonable
litigation expenses of competent counsel in State
postconviction proceedings brought by indigent prisoners who
have been sentenced to death;
``(B) the date on which the mechanism described in
subparagraph (A) was established; and
``(C) whether the State provides standards of competency
for the appointment of counsel in proceedings described in
subparagraph (A).
``(2) Effective date.--The date the mechanism described in
paragraph (1)(A) was established shall be the effective date
of the certification under this subsection.
``(3) Only express requirements.--There are no requirements
for certification or for application of this chapter other
than those expressly stated in this chapter.
``(b) Regulations.--The Attorney General shall promulgate
regulations to implement the certification procedure under
subsection (a).
``(c) Review of Certification.--
``(1) In general.--The determination by the Attorney
General regarding whether to certify a State under this
section is subject to review exclusively as provided under
chapter 158 of this title.
``(2) Venue.--The Court of Appeals for the District of
Columbia Circuit shall have exclusive jurisdiction over
matters under paragraph (1), subject to review by the Supreme
Court under section 2350 of this title.
``(3) Standard of review.--The determination by the
Attorney General regarding whether to certify a State under
this section shall be subject to de novo review.''.
(2) Clerical amendment.--The table of sections for chapter
154 of title 28, United States Code, is amended by striking
the item related to section 2265 and inserting the following:
``2265. Certification and judicial review.''.
(d) Application to Pending Cases.--
(1) In general.--This section and the amendments made by
this section shall apply to cases pending on or after the
date of enactment of this Act.
(2) Time limits.--In a case pending on the date of
enactment of this Act, if the amendments made by this section
establish a time limit for taking certain action, the period
of which began on the date of an event that occurred prior to
the date of enactment of this Act, the period of such time
limit shall instead begin on the date of enactment of this
Act.
(e) Time Limits.--Section 2266(b)(1)(A) of title 28, United
States Code, is amended by striking ``180 days after the date
on which the application is filed'' and inserting ``450 days
after the date on which the application is filed, or 60 days
after the date on which the case is submitted for
decision, whichever is earlier''.
(f) Stay of State Court Proceedings.--Section 2251 of title
28, United States Code, is amended--
(1) in the first undesignated paragraph, by striking ``A
justice'' and inserting the following:
``(a) In General.--
``(1) Pending matters.--A justice'';
(2) in the second undesignated paragraph, by striking
``After the'' and inserting the following:
``(b) No Further Proceedings.--After the''; and
(3) in subsection (a), as so designated by paragraph (1),
by adding at the end the following:
``(2) Matter not pending.--For purposes of this section, a
habeas corpus proceeding is not pending until the application
is filed.
``(3) Application for appointment of counsel.--If a State
prisoner sentenced to death applies for appointment of
counsel pursuant to section 3599(a)(2) of title 18 in a court
that would have jurisdiction to entertain a habeas corpus
application regarding that sentence, that court may stay
execution of the sentence of death, but such stay shall
terminate not later than 90 days after counsel is appointed
or the application for appointment of counsel is withdrawn or
denied.''.
TITLE VI--SECRET SERVICE
SEC. 601. SHORT TITLE.
This title may be cited as the ``Secret Service
Authorization and Technical Modification Act of 2005''.
SEC. 602. INTERFERENCE WITH NATIONAL SPECIAL SECURITY EVENTS.
(a) In General.--Section 1752 of title 18, United States
Code, is amended--
(1) in subsection (a)--
(A) by amending paragraph (1) to read as follows:
``(1) willfully and knowingly to enter or remain in any
posted, cordoned off, or otherwise restricted area of a
building or grounds where the President or other person
protected by the Secret Service is or will be temporarily
visiting;'';
(B) by redesignating paragraphs (2), (3), and (4) as
paragraphs (3), (4), and (5), respectively;
(C) by inserting after paragraph (1) the following new
paragraph:
``(2) willfully and knowingly to enter or remain in any
posted, cordoned off, or otherwise restricted area of a
building or grounds so restricted in conjunction with an
event designated as a special event of national
significance;'';
(D) in paragraph (3), as redesignated by subparagraph (B)--
(i) by inserting ``willfully, knowingly, and'' before
``with intent to impede or disrupt'';
(ii) by striking ``designated'' and inserting
``described''; and
(iii) by inserting ``or (2)'' after ``paragraph (1)'';
(E) in paragraph (4), as redesignated by subparagraph (B)--
(i) by striking ``designated or enumerated'' and inserting
``described''; and
(ii) by inserting ``or (2)'' after ``paragraph (1)''; and
(F) in paragraph (5), as redesignated by subparagraph (B)--
(i) by striking ``designated or enumerated'' and inserting
``described''; and
(ii) by inserting ``or (2)'' after ``paragraph (1)'';
(2) by amending subsection (b) to read as follows:
``(b) Violation of this section, and attempts or
conspiracies to commit such violations, shall be punishable
by--
``(1) a fine under this title or imprisonment for not more
than 10 years, or both, if--
``(A) the person, during and in relation to the offense,
uses or carries a deadly or dangerous weapon or firearm; or
``(B) the offense results in significant bodily injury as
defined by section 2118(e)(3); and
``(2) a fine under this title or imprisonment for not more
than one year, or both, in any other case.''; and
(3) by striking subsection (d) and redesignating
subsections (e) and (f) as subsections (d) and (e),
respectively.
(b) Clerical Amendment.--(1) The heading of such section is
amended to read as follows:
``Sec. 1752. Restricted building or grounds''.
(2) The item relating to such section in the table of
sections at the beginning of chapter 84 of such title is
amended to read as follows:
``1752. Restricted building or grounds.''.
[[Page H11296]]
SEC. 603. FALSE CREDENTIALS TO NATIONAL SPECIAL SECURITY
EVENTS.
Section 1028 of title 18, United States Code, is amended--
(1) in subsection (a)(6), by inserting ``or a sponsoring
entity of an event designated as a special event of national
significance'' after ``States'';
(2) in subsection (c)(1), by inserting ``or a sponsoring
entity of an event designated as a special event of national
significance'' after ``States'';
(3) in subsection (d)(3), by inserting ``a sponsoring
entity of an event designated as a special event of national
significance,'' after ``political subdivision of a State,'';
and
(4) in each of subsections (d)(4)(B) and (d)(6)(B), by
inserting ``a sponsoring entity of an event designated by the
President as a special event of national significance,''
after ``political subdivision of a State,''.
SEC. 604. FORENSIC AND INVESTIGATIVE SUPPORT OF MISSING AND
EXPLOITED CHILDREN CASES.
Section 3056(f) of title 18, United States Code, is amended
by striking ``officers and agents of the Secret Service are''
and inserting ``the Secret Service is''.
SEC. 605. THE UNIFORMED DIVISION, UNITED STATES SECRET
SERVICE.
(a) In General.--Chapter 203 of title 18, United States
Code, is amended by inserting after section 3056 the
following:
``Sec. 3056A. Powers, authorities, and duties of United
States Secret Service Uniformed Division
``(a) There is hereby created and established a permanent
police force, to be known as the `United States Secret
Service Uniformed Division'. Subject to the supervision of
the Secretary of Homeland Security, the United States Secret
Service Uniformed Division shall perform such duties as the
Director, United States Secret Service, may prescribe in
connection with the protection of the following:
``(1) The White House in the District of Columbia.
``(2) Any building in which Presidential offices are
located.
``(3) The Treasury Building and grounds.
``(4) The President, the Vice President (or other officer
next in the order of succession to the Office of President),
the President-elect, the Vice President-elect, and their
immediate families.
``(5) Foreign diplomatic missions located in the
metropolitan area of the District of Columbia.
``(6) The temporary official residence of the Vice
President and grounds in the District of Columbia.
``(7) Foreign diplomatic missions located in metropolitan
areas (other than the District of Columbia) in the United
States where there are located twenty or more such missions
headed by full-time officers, except that such protection
shall be provided only--
``(A) on the basis of extraordinary protective need;
``(B) upon request of an affected metropolitan area; and
``(C) when the extraordinary protective need arises at or
in association with a visit to--
``(i) a permanent mission to, or an observer mission
invited to participate in the work of, an international
organization of which the United States is a member; or
``(ii) an international organization of which the United
States is a member;
except that such protection may also be provided for
motorcades and at other places associated with any such visit
and may be extended at places of temporary domicile in
connection with any such visit.
``(8) Foreign consular and diplomatic missions located in
such areas in the United States, its territories and
possessions, as the President, on a case-by-case basis, may
direct.
``(9) Visits of foreign government officials to
metropolitan areas (other than the District of Columbia)
where there are located twenty or more consular or diplomatic
missions staffed by accredited personnel, including
protection for motorcades and at other places associated with
such visits when such officials are in the United States to
conduct official business with the United States Government.
``(10) Former Presidents and their spouses, as provided in
section 3056(a)(3) of title 18.
``(11) An event designated under section 3056(e) of title
18 as a special event of national significance.
``(12) Major Presidential and Vice Presidential candidates
and, within 120 days of the general Presidential election,
the spouses of such candidates, as provided in section
3056(a)(7) of title 18.
``(13) Visiting heads of foreign states or foreign
governments.
``(b)(1) Under the direction of the Director of the Secret
Service, members of the United States Secret Service
Uniformed Division are authorized to--
``(A) carry firearms;
``(B) make arrests without warrant for any offense against
the United States committed in their presence, or for any
felony cognizable under the laws of the United States if they
have reasonable grounds to believe that the person to be
arrested has committed or is committing such felony; and
``(C) perform such other functions and duties as are
authorized by law.
``(2) Members of the United States Secret Service Uniformed
Division shall possess privileges and powers similar to those
of the members of the Metropolitan Police of the District of
Columbia.
``(c) Members of the United States Secret Service Uniformed
Division shall be furnished with uniforms and other necessary
equipment.
``(d) In carrying out the functions pursuant to paragraphs
(7) and (9) of subsection (a), the Secretary of Homeland
Security may utilize, with their consent, on a reimbursable
basis, the services, personnel, equipment, and facilities of
State and local governments, and is authorized to reimburse
such State and local governments for the utilization of such
services, personnel, equipment, and facilities. The Secretary
of Homeland Security may carry out the functions pursuant to
paragraphs (7) and (9) of subsection (a) by contract. The
authority of this subsection may be transferred by the
President to the Secretary of State. In carrying out any duty
under paragraphs (7) and (9) of subsection (a), the Secretary
of State is authorized to utilize any authority available to
the Secretary under title II of the State Department Basic
Authorities Act of 1956.''.
(b) Amendment to Table of Sections.--The table of sections
at the beginning of chapter 203 of title 18, United States
Code, is amended by inserting after the item relating to
section 3056 the following new item:
3056A. Powers, authorities, and duties of United States Secret Service
Uniformed Division.
(c) Conforming Repeal to Effectuate Transfer.--Chapter 3 of
title 3, United States Code, is repealed.
(d) Conforming Amendments to Laws Affecting District of
Columbia.--(1) Section 1537(d) of title 31, United States
Code, is amended--
(A) by striking ``and the Executive Protective Service''
and inserting ``and the Secret Service Uniformed Division'';
and
(B) by striking ``their protective duties'' and all that
follows and inserting ``their protective duties under
sections 3056 and 3056A of title 18.''
(2) Section 204(e) of the State Department Basic
Authorities Act (sec. 6--1304(e), D.C. Official Code) is
amended by striking ``section 202 of title 3, United States
Code, or section 3056'' and inserting ``sections 3056 or
3056A''.
(3) Section 214(a) of the State Department Basic
Authorities Act (sec. 6--1313(a), D.C. Official Code) is
amended by striking ``sections 202(8) and 208 of title 3''
and inserting ``section 3056A(a)(7) and (d) of title 18''.
(e) Additional Conforming Amendments.--
(1) Title 12, United States Code, section 3414, ``Special
procedures'', is amended by striking ``3 U.S.C. 202'' in
subsection (a)(1)(B) and inserting ``18 U.S.C. 3056A''.
(2) The State Department Basic Authorities Act of 1956 is
amended--
(A) in the first sentence of section 37(c) (22 U.S.C.
2709(c)), by striking ``section 202 of title 3, United States
Code, or section 3056 of title 18, United States Code'' and
inserting ``section 3056 or 3056A of title 18, United States
Code'';
(B) in section 204(e) (22 U.S.C. 4304(e)), by striking
``section 202 of title 3, United States Code, or section 3056
of title 18, United States Code'' and inserting ``section
3056 or 3056A of title 18, United States Code''; and
(C) in section 214(a) (22 U.S.C. 4314(a)), by striking
``sections 202(7) and 208 of title 3, United States Code''
and inserting ``subsections (a)(7) and (d) of section 3056A
of title 18, United States Code''.
(3) Section 8D(a)(1)(F) of the Inspector General Act of
1978 (5 U.S.C. App.) is amended by striking ``section 202 of
title 3'' and inserting ``section 3056A of title 18''.
(4) Section 8I(a)(1)(E) of the Inspector General Act of
1978 (5 U.S.C. App.) is amended by striking ``section 202 of
title 3'' and inserting ``section 3056A of title 18''.
SEC. 606. SAVINGS PROVISIONS.
(a) This title does not affect the retirement benefits of
current employees or annuitants that existed on the day
before the effective date of this Act.
(b) This title does not affect any Executive Order
transferring to the Secretary of State the authority of
section 208 of title 3 (now section 3056A(d) of title 18) in
effect on the day before the effective date of this Act.
SEC. 607. MAINTENANCE AS DISTINCT ENTITY.
Section 3056 of title 18 is amended by adding the following
at the end of the section:
``(g) The United States Secret Service shall be maintained
as a distinct entity within the Department of Homeland
Security and shall not be merged with any other Department
function. No personnel and operational elements of the United
States Secret Service shall report to an individual other
than the Director of the United States Secret Service, who
shall report directly to the Secretary of Homeland Security
without being required to report through any other official
of the Department.''.
SEC. 608. EXEMPTIONS FROM THE FEDERAL ADVISORY COMMITTEE ACT.
(a) Advisory Committee Regarding Protection of Major
Presidential and Vice Presidential Candidates.--Section
3056(a)(7) of title 18, United States Code, is amended by
inserting ``The Committee shall not be subject to the Federal
Advisory Committee Act (5 U.S.C. App. 2).'' after ``other
members of the Committee.''.
(b) Electronic Crimes Task Forces.--Section 105 of Public
Law 107-56 (18 U.S.C. 3056 note) is amended by inserting
``The electronic crimes task forces shall not be subject
to the Federal Advisory Committee Act (5 U.S.C. App. 2).''
after ``financial payment systems.''.
TITLE VII--COMBAT METHAMPHETAMINE EPIDEMIC ACT OF 2005
SEC. 701. SHORT TITLE.
This title may be cited as the ``Combat Methamphetamine
Epidemic Act of 2005''.
Subtitle A--Domestic Regulation of Precursor Chemicals
SEC. 711. SCHEDULED LISTED CHEMICAL PRODUCTS; RESTRICTIONS ON
SALES QUANTITY, BEHIND-THE-COUNTER ACCESS, AND
OTHER SAFEGUARDS.
(a) Scheduled Listed Chemical Products.--
[[Page H11297]]
(1) In general.--Section 102 of the Controlled Substances
Act (21 U.S.C. 802) is amended--
(A) by redesignating paragraph (46) as paragraph (49); and
(B) by inserting after paragraph (44) the following
paragraphs:
``(45)(A) The term `scheduled listed chemical product'
means, subject to subparagraph (B), a product that--
``(i) contains ephedrine, pseudoephedrine, or
phenylpropanolamine; and
``(ii) may be marketed or distributed lawfully in the
United States under the Federal, Food, Drug, and Cosmetic Act
as a nonprescription drug.
Each reference in clause (i) to ephedrine, pseudoephedrine,
or phenylpropanolamine includes each of the salts, optical
isomers, and salts of optical isomers of such chemical.
``(B) Such term does not include a product described in
subparagraph (A) if the product contains a chemical specified
in such subparagraph that the Attorney General has under
section 201(a) added to any of the schedules under section
202(c). In the absence of such scheduling by the Attorney
General, a chemical specified in such subparagraph may not be
considered to be a controlled substance.
``(46) The term `regulated seller' means a retail
distributor (including a pharmacy or a mobile retail vendor),
except that such term does not include an employee or agent
of such distributor.
``(47) The term `mobile retail vendor' means a person or
entity that makes sales at retail from a stand that is
intended to be temporary, or is capable of being moved from
one location to another, whether the stand is located within
or on the premises of a fixed facility (such as a kiosk at a
shopping center or an airport) or whether the stand is
located on unimproved real estate (such as a lot or field
leased for retail purposes).
``(48) The term `at retail', with respect to the sale or
purchase of a scheduled listed chemical product, means a sale
or purchase for personal use, respectively.''.
(2) Conforming amendments.--The Controlled Substances Act
(21 U.S.C. 801 et seq.) is amended--
(A) in section 102, in paragraph (49) (as redesignated by
paragraph (1)(A) of this subsection)--
(i) in subparagraph (A), by striking ``pseudoephedrine or''
and inserting ``ephedrine, pseudoephedrine, or''; and
(ii) by striking subparagraph (B) and redesignating
subparagraph (C) as subparagraph (B); and
(B) in section 310(b)(3)(D)(ii), by striking ``102(46)''
and inserting ``102(49)''.
(b) Restrictions on Sales Quantity; Behind-the-Counter
Access; Logbook Requirement; Training of Sales Personnel;
Privacy Protections.--
(1) In general.--Section 310 of the Controlled Substances
Act (21 U.S.C. 830) is amended by adding at the end the
following subsections:
``(d) Scheduled Listed Chemicals; Restrictions on Sales
Quantity; Requirements Regarding Nonliquid Forms.--With
respect to ephedrine base, pseudoephedrine base, or
phenylpropanolamine base in a scheduled listed chemical
product--
``(1) the quantity of such base sold at retail in such a
product by a regulated seller, or a distributor required to
submit reports by subsection (b)(3) may not, for any
purchaser, exceed a daily amount of 3.6 grams, without regard
to the number of transactions; and
``(2) such a seller or distributor may not sell such a
product in nonliquid form (including gel caps) at retail
unless the product is packaged in blister packs, each blister
containing not more than 2 dosage units, or where the use of
blister packs is technically infeasible, the product is
packaged in unit dose packets or pouches.
``(e) Scheduled Listed Chemicals; Behind-the-Counter
Access; Logbook Requirement; Training of Sales Personnel;
Privacy Protections.--
``(1) Requirements regarding retail transactions.--
``(A) In general.--Each regulated seller shall ensure that,
subject to subparagraph (F), sales by such seller of a
scheduled listed chemical product at retail are made in
accordance with the following:
``(i) In offering the product for sale, the seller places
the product such that customers do not have direct access to
the product before the sale is made (in this paragraph
referred to as `behind-the-counter' placement). For purposes
of this paragraph, a behind-the-counter placement of a
product includes circumstances in which the product is stored
in a locked cabinet that is located in an area of the
facility involved to which customers do have direct access.
``(ii) The seller delivers the product directly into the
custody of the purchaser.
``(iii) The seller maintains, in accordance with criteria
issued by the Attorney General, a written or electronic list
of such sales that identifies the products by name, the
quantity sold, the names and addresses of purchasers, and the
dates and times of the sales (which list is referred to in
this subsection as the `logbook'), except that such
requirement does not apply to any purchase by an individual
of a single sales package if that package contains not more
than 60 milligrams of pseudoephedrine.
``(iv) In the case of a sale to which the requirement of
clause (iii) applies, the seller does not sell such a product
unless--
``(I) the prospective purchaser--
``(aa) presents an identification card that provides a
photograph and is issued by a State or the Federal
Government, or a document that, with respect to
identification, is considered acceptable for purposes of
sections 274a.2(b)(1)(v)(A) and 274a.2(b)(1)(v)(B) of title
8, Code of Federal Regulations (as in effect on or after the
date of the enactment of the Combat Methamphetamine Epidemic
Act of 2005); and
``(bb) signs the logbook and enters in the logbook his or
her name, address, and the date and time of the sale; and
``(II) the seller--
``(aa) determines that the name entered in the logbook
corresponds to the name provided on such identification and
that the date and time entered are correct; and
``(bb) enters in the logbook the name of the product and
the quantity sold.
``(v) The logbook includes, in accordance with criteria of
the Attorney General, a notice to purchasers that entering
false statements or misrepresentations in the logbook may
subject the purchasers to criminal penalties under section
1001 of title 18, United States Code, which notice specifies
the maximum fine and term of imprisonment under such section.
``(vi) The seller maintains each entry in the logbook for
not fewer than two years after the date on which the entry is
made.
``(vii) In the case of individuals who are responsible for
delivering such products into the custody of purchasers or
who deal directly with purchasers by obtaining payments for
the products, the seller has submitted to the Attorney
General a self-certification that all such individuals have,
in accordance with criteria under subparagraph (B)(ii),
undergone training provided by the seller to ensure that the
individuals understand the requirements that apply under this
subsection and subsection (d).
``(viii) The seller maintains a copy of such certification
and records demonstrating that individuals referred to in
clause (vii) have undergone the training.
``(ix) If the seller is a mobile retail vendor:
``(I) The seller complies with clause (i) by placing the
product in a locked cabinet.
``(II) The seller does not sell more than 7.5 grams of
ephedrine base, pseudoephedrine base, or phenylpropanolamine
base in such products per customer during a 30-day period.
``(B) Additional provisions regarding certifications and
training.--
``(i) In general.--A regulated seller may not sell any
scheduled listed chemical product at retail unless the seller
has submitted to the Attorney General the self-certification
referred to in subparagraph (A)(vii). The certification is
not effective for purposes of the preceding sentence unless,
in addition to provisions regarding the training of
individuals referred to in such subparagraph, the
certification includes a statement that the seller
understands each of the requirements that apply under this
paragraph and under subsection (d) and agrees to comply with
the requirements.
``(ii) Issuance of criteria; self-certification.--The
Attorney General shall by regulation establish criteria for
certifications under this paragraph. The criteria shall--
``(I) provide that the certifications are self-
certifications provided through the program under clause
(iii);
``(II) provide that a separate certification is required
for each place of business at which a regulated seller sells
scheduled listed chemical products at retail; and
``(III) include criteria for training under subparagraph
(A)(vii).
``(iii) Program for regulated sellers.--The Attorney
General shall establish a program regarding such
certifications and training in accordance with the following:
``(I) The program shall be carried out through an Internet
site of the Department of Justice and such other means as the
Attorney General determines to be appropriate.
``(II) The program shall inform regulated sellers that
section 1001 of title 18, United States Code, applies to such
certifications.
``(III) The program shall make available to such sellers an
explanation of the criteria under clause (ii).
``(IV) The program shall be designed to permit the
submission of the certifications through such Internet site.
``(V) The program shall be designed to automatically
provide the explanation referred to in subclause (III), and
an acknowledgement that the Department has received a
certification, without requiring direct interactions of
regulated sellers with staff of the Department (other than
the provision of technical assistance, as appropriate).
``(iv) Availability of certification to state and local
officials.--Promptly after receiving a certification under
subparagraph (A)(vii), the Attorney General shall make
available a copy of the certification to the appropriate
State and local officials.
``(C) Privacy protections.--In order to protect the privacy
of individuals who purchase scheduled listed chemical
products, the Attorney General shall by regulation establish
restrictions on disclosure of information in logbooks under
subparagraph (A)(iii). Such regulations shall--
``(i) provide for the disclosure of the information as
appropriate to the Attorney General and to State and local
law enforcement agencies; and
``(ii) prohibit accessing, using, or sharing information in
the logbooks for any purpose other than to ensure compliance
with this title or to facilitate a product recall to protect
public health and safety.
``(D) False statements or misrepresentations by
purchasers.--For purposes of section 1001 of title 18, United
States Code, entering information in the logbook
under subparagraph (A)(iii) shall be considered a matter
within the jurisdiction of the executive, legislative, or
judicial branch of the Government of the United States.
``(E) Good faith protection.--A regulated seller who in
good faith releases information in a logbook under
subparagraph (A)(iii) to Federal, State, or local law
enforcement authorities is immune from civil liability for
such release unless the release constitutes gross negligence
or intentional, wanton, or willful misconduct.
[[Page H11298]]
``(F) Inapplicability of requirements to certain sales.--
Subparagraph (A) does not apply to the sale at retail of a
scheduled listed chemical product if a report on the sales
transaction is required to be submitted to the Attorney
General under subsection (b)(3).
``(G) Certain measures regarding theft and diversion.--A
regulated seller may take reasonable measures to guard
against employing individuals who may present a risk with
respect to the theft and diversion of scheduled listed
chemical products, which may include, notwithstanding State
law, asking applicants for employment whether they have been
convicted of any crime involving or related to such products
or controlled substances.''.
(2) Effective dates.--With respect to subsections (d) and
(e)(1) of section 310 of the Controlled Substances Act, as
added by paragraph (1) of this subsection:
(A) Such subsection (d) applies on and after the expiration
of the 30-day period beginning on the date of the enactment
of this Act.
(B) Such subsection (e)(1) applies on and after September
30, 2006.
(c) Mail-Order Reporting.--
(1) In general.--Section 310(e) of the Controlled
Substances Act, as added by subsection (b)(1) of this
section, is amended by adding at the end the following:
``(2) Mail-order reporting; verification of identity of
purchaser; 30-day restriction on quantities for individual
purchasers.--Each regulated person who makes a sale at retail
of a scheduled listed chemical product and is required under
subsection (b)(3) to submit a report of the sales transaction
to the Attorney General is subject to the following:
``(A) The person shall, prior to shipping the product,
confirm the identity of the purchaser in accordance with
procedures established by the Attorney General. The Attorney
General shall by regulation establish such procedures.
``(B) The person may not sell more than 7.5 grams of
ephedrine base, pseudoephedrine base, or phenylpropanolamine
base in such products per customer during a 30-day period.''.
(2) Inapplicability of reporting exemption for retail
distributors.--Section 310(b)(3)(D)(ii) of the Controlled
Substances Act (21 U.S.C. 830(b)(3)(D)(ii)) is amended by
inserting before the period the following: ``, except that
this clause does not apply to sales of scheduled listed
chemical products at retail''.
(3) Effective date.--The amendments made by paragraphs (1)
and (2) apply on and after the expiration of the 30-day
period beginning on the date of the enactment of this Act.
(d) Exemptions for Certain Products.--Section 310(e) of the
Controlled Substances Act, as added and amended by
subsections (b) and (c) of this section, respectively, is
amended by adding at the end the following paragraph:
``(3) Exemptions for certain products.--Upon the
application of a manufacturer of a scheduled listed chemical
product, the Attorney General may by regulation provide that
the product is exempt from the provisions of subsection (d)
and paragraphs (1) and (2) of this subsection if the Attorney
General determines that the product cannot be used in the
illicit manufacture of methamphetamine.''.
(e) Restrictions on Quantity Purchased During 30-Day
Period.--
(1) In general.--Section 404(a) of the Controlled
Substances Act (21 U.S.C. 844(a)) is amended by inserting
after the second sentence the following: ``It shall be
unlawful for any person to knowingly or intentionally
purchase at retail during a 30 day period more than 9 grams
of ephedrine base, pseudoephedrine base, or
phenylpropanolamine base in a scheduled listed chemical
product, except that, of such 9 grams, not more than 7.5
grams may be imported by means of shipping through any
private or commercial carrier or the Postal Service.''.
(2) Effective date.--The amendment made by paragraph (1)
applies on and after the expiration of the 30-day period
beginning on the date of the enactment of this Act.
(f) Enforcement of Requirements for Retail Sales.--
(1) Civil and criminal penalties.--
(A) In general.--Section 402(a) of the Controlled
Substances Act (21 U.S.C. 842(a)) is amended--
(i) in paragraph (10), by striking ``or'' after the
semicolon;
(ii) in paragraph (11), by striking the period at the end
and inserting a semicolon; and
(iii) by inserting after paragraph (11) the following
paragraphs:
``(12) who is a regulated seller, or a distributor required
to submit reports under subsection (b)(3) of section 310--
``(A) to sell at retail a scheduled listed chemical product
in violation of paragraph (1) of subsection (d) of such
section, knowing at the time of the transaction involved
(independent of consulting the logbook under subsection
(e)(1)(A)(iii) of such section) that the transaction is a
violation; or
``(B) to knowingly or recklessly sell at retail such a
product in violation of paragraph (2) of such subsection (d);
``(13) who is a regulated seller to knowingly or recklessly
sell at retail a scheduled listed chemical product in
violation of subsection (e) of such section; or
``(14) who is a regulated seller or an employee or agent of
such seller to disclose, in violation of regulations under
subparagraph (C) of section 310(e)(1), information in
logbooks under subparagraph (A)(iii) of such section, or to
refuse to provide such a logbook to Federal, State, or local
law enforcement authorities.''.
(B) Conforming amendment.--Section 401(f)(1) of the
Controlled Substances Act (21 U.S.C. 841(f)(1)) is amended by
inserting after ``shall'' the following: ``, except to the
extent that paragraph (12), (13), or (14) of section 402(a)
applies,''.
(2) Authority to prohibit sales by violators.--Section
402(c) of the Controlled Substances Act (21 U.S.C. 842(c)) is
amended by adding at the end the following paragraph:
``(4)(A) If a regulated seller, or a distributor required
to submit reports under section 310(b)(3), violates paragraph
(12) of subsection (a) of this section, or if a regulated
seller violates paragraph (13) of such subsection, the
Attorney General may by order prohibit such seller or
distributor (as the case may be) from selling any scheduled
listed chemical product. Any sale of such a product in
violation of such an order is subject to the same penalties
as apply under paragraph (2).
``(B) An order under subparagraph (A) may be imposed only
through the same procedures as apply under section 304(c) for
an order to show cause.''.
(g) Preservation of State Authority to Regulate Scheduled
Listed Chemicals.--This section and the amendments made by
this section may not be construed as having any legal effect
on section 708 of the Controlled Substances Act as applied to
the regulation of scheduled listed chemicals (as defined in
section 102(45) of such Act).
SEC. 712. REGULATED TRANSACTIONS.
(a) Conforming Amendments Regarding Scheduled Listed
Chemicals.--The Controlled Substances Act (21 U.S.C. 801 et
seq.) is amended--
(1) in section 102--
(A) in paragraph (39)(A)--
(i) by amending clause (iv) to read as follows:
``(iv) any transaction in a listed chemical that is
contained in a drug that may be marketed or distributed
lawfully in the United States under the Federal Food, Drug,
and Cosmetic Act, subject to clause (v), unless--
``(I) the Attorney General has determined under section 204
that the drug or group of drugs is being diverted to obtain
the listed chemical for use in the illicit production of a
controlled substance; and
``(II) the quantity of the listed chemical contained in the
drug included in the transaction or multiple transactions
equals or exceeds the threshold established for that chemical
by the Attorney General;'';
(ii) by redesignating clause (v) as clause (vi); and
(iii) by inserting after clause (iv) the following clause:
``(v) any transaction in a scheduled listed chemical
product that is a sale at retail by a regulated seller or a
distributor required to submit reports under section
310(b)(3); or''; and
(B) by striking the paragraph (45) that relates to the term
``ordinary over-the-counter pseudoephedrine or
phenylpropanolamine product'';
(2) in section 204, by striking subsection (e); and
(3) in section 303(h), in the second sentence, by striking
``section 102(39)(A)(iv)'' and inserting ``clause (iv) or (v)
of section 102(39)(A)''.
(b) Public Law 104-237.--Section 401 of the Comprehensive
Methamphetamine Control Act of 1996 (21 U.S.C. 802 note)
(Public Law 104-237) is amended by striking subsections (d),
(e), and (f).
SEC. 713. AUTHORITY TO ESTABLISH PRODUCTION QUOTAS.
Section 306 of the Controlled Substances Act (21 U.S.C.
826) is amended--
(1) in subsection (a), by inserting ``and for ephedrine,
pseudoephedrine, and phenylpropanolamine'' after ``for each
basic class of controlled substance in schedules I and II'';
(2) in subsection (b), by inserting ``or for ephedrine,
pseudoephedrine, or phenylpropanolamine'' after ``for each
basic class of controlled substance in schedule I or II'';
(3) in subsection (c), in the first sentence, by inserting
``and for ephedrine, pseudoephedrine, and
phenylpropanolamine'' after ``for the basic classes of
controlled substances in schedules I and II'';
(4) in subsection (d), by inserting ``or ephedrine,
pseudoephedrine, or phenylpropanolamine'' after ``that basic
class of controlled substance'';
(5) in subsection (e), by inserting ``or for ephedrine,
pseudoephedrine, or phenylpropanolamine'' after ``for a basic
class of controlled substance in schedule I or II'';
(6) in subsection (f)--
(A) by inserting ``or ephedrine, pseudoephedrine, or
phenylpropanolamine'' after ``controlled substances in
schedules I and II'';
(B) by inserting ``or of ephedrine, pseudoephedrine, or
phenylpropanolamine'' after ``the manufacture of a controlled
substance''; and
(C) by inserting ``or chemicals'' after ``such incidentally
produced substances''; and
(7) by adding at the end the following subsection:
``(g) Each reference in this section to ephedrine,
pseudoephedrine, or phenylpropanolamine includes each of the
salts, optical isomers, and salts of optical isomers of such
chemical.''.
SEC. 714. PENALTIES; AUTHORITY FOR MANUFACTURING; QUOTA.
Section 402(b) of the Controlled Substances Act (21 U.S.C.
842(b)) is amended by inserting after ``manufacture a
controlled substance in schedule I or II'' the following: ``,
or ephedrine, pseudoephedrine, or phenylpropanolamine or any
of the salts, optical isomers, or salts of optical isomers of
such chemical,''
SEC. 715. RESTRICTIONS ON IMPORTATION; AUTHORITY TO PERMIT
IMPORTS FOR MEDICAL, SCIENTIFIC, OR OTHER
LEGITIMATE PURPOSES.
Section 1002 of the Controlled Substances Import and Export
Act (21 U.S.C. 952) is amended--
(1) in subsection (a)--
[[Page H11299]]
(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.
[[Page H11300]]
``(ii) An identification of the five countries that
imported the largest amount of the chemicals described in
clause (i) during the preceding calendar year and have the
highest rate of diversion of such chemicals for use in the
illicit production of methamphetamine (either in that country
or in another country).
``(iii) An economic analysis of the total worldwide
production of the chemicals described in clause (i) as
compared to the legitimate demand for such chemicals
worldwide.
``(B) The identification of countries that imported the
largest amount of chemicals under subparagraph (A)(ii) shall
be based on the following:
``(i) An economic analysis that estimates the legitimate
demand for such chemicals in such countries as compared to
the actual or estimated amount of such chemicals that is
imported into such countries.
``(ii) The best available data and other information
regarding the production of methamphetamine in such countries
and the diversion of such chemicals for use in the production
of methamphetamine.''.
(b) Annual Certification Procedures.--Section 490(a) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2291j(a)) is
amended--
(1) in paragraph (1), by striking ``major illicit drug
producing country or major drug-transit country'' and
inserting ``major illicit drug producing country, major drug-
transit country, or country identified pursuant to clause (i)
or (ii) of section 489(a)(8)(A) of this Act''; and
(2) in paragraph (2), by inserting after ``(as determined
under subsection (h))'' the following: ``or country
identified pursuant to clause (i) or (ii) of section
489(a)(8)(A) of this Act''.
(c) Conforming Amendment.--Section 706 of the Foreign
Relations Authorization Act, Fiscal Year 2003 (22 U.S.C.
2291j-1) is amended in paragraph (5) by adding at the end the
following:
``(C) Nothing in this section shall affect the requirements
of section 490 of the Foreign Assistance Act of 1961 (22
U.S.C. 2291j) with respect to countries identified pursuant
to section clause (i) or (ii) of 489(a)(8)(A) of the Foreign
Assistance Act of 1961.''.
(d) Plan to Address Diversion of Precursor Chemicals.--In
the case of each country identified pursuant to clause (i) or
(ii) of section 489(a)(8)(A) of the Foreign Assistance Act of
1961 (as added by subsection (a)) with respect to which the
President has not transmitted to Congress a certification
under section 490(b) of such Act (22 U.S.C. 2291j(b)), the
Secretary of State, in consultation with the Attorney
General, shall, not later than 180 days after the date on
which the President transmits the report required by section
489(a) of such Act (22 U.S.C. 2291h(a)), submit to Congress a
comprehensive plan to address the diversion of the chemicals
described in section 489(a)(8)(A)(i) of such Act to the
illicit production of methamphetamine in such country or in
another country, including the establishment, expansion, and
enhancement of regulatory, law enforcement, and other
investigative efforts to prevent such diversion.
(e) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary of State to carry out
this section $1,000,000 for each of the fiscal years 2006 and
2007.
SEC. 723. PREVENTION OF SMUGGLING OF METHAMPHETAMINE INTO THE
UNITED STATES FROM MEXICO.
(a) In General.--The Secretary of State, acting through the
Assistant Secretary of the Bureau for International Narcotics
and Law Enforcement Affairs, shall take such actions as are
necessary to prevent the smuggling of methamphetamine into
the United States from Mexico.
(b) Specific Actions.--In carrying out subsection (a), the
Secretary shall--
(1) improve bilateral efforts at the United States-Mexico
border to prevent the smuggling of methamphetamine into the
United States from Mexico;
(2) seek to work with Mexican law enforcement authorities
to improve the ability of such authorities to combat the
production and trafficking of methamphetamine, including by
providing equipment and technical assistance, as appropriate;
and
(3) encourage the Government of Mexico to take immediate
action to reduce the diversion of pseudoephedrine by drug
trafficking organizations for the production and trafficking
of methamphetamine.
(c) Report.--Not later than one year after the date of the
enactment of this Act, and annually thereafter, the Secretary
shall submit to the appropriate congressional committees a
report on the implementation of this section for the prior
year.
(d) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary to carry out this section
$4,000,000 for each of the fiscal years 2006 and 2007.
Subtitle C--Enhanced Criminal Penalties for Methamphetamine Production
and Trafficking
SEC. 731. SMUGGLING METHAMPHETAMINE OR METHAMPHETAMINE
PRECURSOR CHEMICALS INTO THE UNITED STATES
WHILE USING FACILITATED ENTRY PROGRAMS.
(a) Enhanced Prison Sentence.--The sentence of imprisonment
imposed on a person convicted of an offense under the
Controlled Substances Act (21 U.S.C. 801 et seq.) or the
Controlled Substances Import and Export Act (21 U.S.C. 951 et
seq.), involving methamphetamine or any listed chemical that
is defined in section 102(33) of the Controlled Substances
Act (21 U.S.C. 802(33), shall, if the offense is committed
under the circumstance described in subsection (b), be
increased by a consecutive term of imprisonment of not more
than 15 years.
(b) Circumstances.--For purposes of subsection (a), the
circumstance described in this subsection is that the offense
described in subsection (a) was committed by a person who--
(1) was enrolled in, or who was acting on behalf of any
person or entity enrolled in, any dedicated commuter lane,
alternative or accelerated inspection system, or other
facilitated entry program administered or approved by the
Federal Government for use in entering the United States; and
(2) committed the offense while entering the United States,
using such lane, system, or program.
(c) Permanent Ineligibility.--Any person whose term of
imprisonment is increased under subsection (a) shall be
permanently and irrevocably barred from being eligible for or
using any lane, system, or program described in subsection
(b)(1).
SEC. 732. MANUFACTURING CONTROLLED SUBSTANCES ON FEDERAL
PROPERTY.
Subsection (b) of section 401 of the Controlled Substances
Act (21 U.S.C. 841(b)) is amended in paragraph (5) by
inserting ``or manufacturing'' after ``cultivating''.
SEC. 733. INCREASED PUNISHMENT FOR METHAMPHETAMINE KINGPINS.
Section 408 of the Controlled Substances Act (21 U.S.C.
848) is amended by adding at the end the following:
``(s) Special Provision for Methamphetamine.--For the
purposes of subsection (b), in the case of continuing
criminal enterprise involving methamphetamine or its salts,
isomers, or salts of isomers, paragraph (2)(A) shall be
applied by substituting `200' for `300', and paragraph (2)(B)
shall be applied by substituting `$5,000,000' for `$10
million dollars'. ''.
SEC. 734. NEW CHILD-PROTECTION CRIMINAL ENHANCEMENT.
(a) In General.--The Controlled Substances Act is amended
by inserting after section 419 (21 U.S.C. 860) the following:
``Consecutive sentence for manufacturing or distributing, or possessing
with intent to manufacture or distribute, methamphetamine on premises
where children are present or reside
``Sec. 419a. Whoever violates section 401(a)(1) by
manufacturing or distributing, or possessing with intent to
manufacture or distribute, methamphetamine or its salts,
isomers or salts of isomers on premises in which an
individual who is under the age of 18 years is present or
resides, shall, in addition to any other sentence imposed, be
imprisoned for a period of any term of years but not more
than 20 years, subject to a fine, or both. ''.
(b) Clerical Amendment.--The table of contents of the
Comprehensive Drug Abuse Prevention and Control Act of 1970
is amended by inserting after the item relating to section
419 the following new item:
``Sec. 419a. Consecutive sentence for manufacturing or distributing, or
possessing with intent to manufacture or distribute,
methamphetamine on premises where children are present or
reside.''.
SEC. 735. AMENDMENTS TO CERTAIN SENTENCING COURT REPORTING
REQUIREMENTS.
Section 994(w) of title 28, United States Code, is
amended--
(1) in paragraph (1)--
(A) by inserting ``, in a format approved and required by
the Commission,'' after ``submits to the Commission'';
(B) in subparagraph (B)--
(i) by inserting ``written'' before ``statement of
reasons''; and
(ii) by inserting ``and which shall be stated on the
written statement of reasons form issued by the Judicial
Conference and approved by the United States Sentencing
Commission'' after ``applicable guideline range''; and
(C) by adding at the end the following:
``The information referred to in subparagraphs (A) through
(F) shall be submitted by the sentencing court in a format
approved and required by the Commission.''; and
(2) in paragraph (4), by striking ``may assemble or
maintain in electronic form that include any'' and inserting
``itself may assemble or maintain in electronic form as a
result of the''.
SEC. 736. SEMIANNUAL REPORTS TO CONGRESS.
(a) In General.--The Attorney General shall, on a
semiannual basis, submit to the congressional committees and
organizations specified in subsection (b) reports that--
(1) describe the allocation of the resources of the Drug
Enforcement Administration and the Federal Bureau of
Investigation for the investigation and prosecution of
alleged violations of the Controlled Substances Act involving
methamphetamine; and
(2) the measures being taken to give priority in the
allocation of such resources to such violations involving--
(A) persons alleged to have imported into the United States
substantial quantities of methamphetamine or scheduled listed
chemicals (as defined pursuant to the amendment made by
section 711(a)(1));
(B) persons alleged to have manufactured methamphetamine;
and
(C) circumstances in which the violations have endangered
children.
(b) Congressional Committees.--The congressional committees
and organizations referred to in subsection (a) are--
(1) in the House of Representatives, the Committee on the
Judiciary, the Committee on Energy and Commerce, and the
Committee on Government Reform; and
(2) in the Senate, the Committee on the Judiciary, the
Committee on Commerce, Science, and Transportation, and the
Caucus on International Narcotics Control.
[[Page H11301]]
Subtitle D--Enhanced Environmental Regulation of Methamphetamine
Byproducts
SEC. 741. BIENNIAL REPORT TO CONGRESS ON AGENCY DESIGNATIONS
OF BY-PRODUCTS OF METHAMPHETAMINE LABORATORIES
AS HAZARDOUS MATERIALS.
Section 5103 of title 49, Unites States Code, is amended by
adding at the end the following:
``(d) Biennial Report.--The Secretary of Transportation
shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Senate
Committee on Commerce, Science, and Transportation a biennial
report providing information on whether the Secretary has
designated as hazardous materials for purposes of chapter 51
of such title all by-products of the methamphetamine-
production process that are known by the Secretary to pose an
unreasonable risk to health and safety or property when
transported in commerce in a particular amount and form.''.
SEC. 742. METHAMPHETAMINE PRODUCTION REPORT.
Section 3001 of the Solid Waste Disposal Act (42 U.S.C.
6921) is amended at the end by adding the following:
``(j) Methamphetamine Production.--Not later than every 24
months, the Administrator shall submit to the Committee on
Energy and Commerce of the House of Representatives and the
Committee on Environment and Public Works of the Senate a
report setting forth information collected by the
Administrator from law enforcement agencies, States, and
other relevant stakeholders that identifies the byproducts of
the methamphetamine production process and whether the
Administrator considers each of the byproducts to be a
hazardous waste pursuant to this section and relevant
regulations.''.
SEC. 743. CLEANUP COSTS.
(a) In General.--Section 413(q) of the Controlled
Substances Act (21 U.S.C. 853(q)) is amended--
(1) in the matter preceding paragraph (1), by inserting ``,
the possession, or the possession with intent to distribute,
'' after ``manufacture''; and
(2) in paragraph (2), by inserting ``, or on premises or in
property that the defendant owns, resides, or does business
in'' after ``by the defendant''.
(b) Savings Clause.--Nothing in this section shall be
interpreted or construed to amend, alter, or otherwise affect
the obligations, liabilities and other responsibilities of
any person under any Federal or State environmental laws.
Subtitle E--Additional Programs and Activities
SEC. 751. IMPROVEMENTS TO DEPARTMENT OF JUSTICE DRUG COURT
GRANT PROGRAM.
Section 2951 of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3797u) is amended by adding at the end
the following new subsection:
``(c) Mandatory Drug Testing and Mandatory Sanctions.--
``(1) Mandatory testing.--Grant amounts under this part may
be used for a drug court only if the drug court has mandatory
periodic testing as described in subsection (a)(3)(A). The
Attorney General shall, by prescribing guidelines or
regulations, specify standards for the timing and manner of
complying with such requirements. The standards--
``(A) shall ensure that--
``(i) each participant is tested for every controlled
substance that the participant has been known to abuse, and
for any other controlled substance the Attorney General or
the court may require; and
``(ii) the testing is accurate and practicable; and
``(B) may require approval of the drug testing regime to
ensure that adequate testing occurs.
``(2) Mandatory sanctions.--The Attorney General shall, by
prescribing guidelines or regulations, specify that grant
amounts under this part may be used for a drug court only if
the drug court imposes graduated sanctions that increase
punitive measures, therapeutic measures, or both whenever a
participant fails a drug test. Such sanctions and measures
may include, but are not limited to, one or more of the
following:
``(A) Incarceration.
``(B) Detoxification treatment.
``(C) Residential treatment.
``(D) Increased time in program.
``(E) Termination from the program.
``(F) Increased drug screening requirements.
``(G) Increased court appearances.
``(H) Increased counseling.
``(I) Increased supervision.
``(J) Electronic monitoring.
``(K) In-home restriction.
``(L) Community service.
``(M) Family counseling.
``(N) Anger management classes.''.
SEC. 752. DRUG COURTS FUNDING.
Section 1001(25)(A) of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 2591(25)(A)) is
amended by adding at the end the following:
``(v) $70,000,000 for fiscal year 2006.''.
SEC. 753. FEASIBILITY STUDY ON FEDERAL DRUG COURTS.
The Attorney General shall, conduct a feasibility study on
the desirability of a drug court program for Federal
offenders who are addicted to controlled substances. The
Attorney General lower-level, non-violate report the results
of that study to Congress not later than June 30, 2006.
SEC. 754. GRANTS TO HOT SPOT AREAS TO REDUCE AVAILABILITY OF
METHAMPHETAMINE.
Title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3711 et seq.) is amended by adding at the
end the following:
``PART II--CONFRONTING USE OF METHAMPHETAMINE
``SEC. 2996. AUTHORITY TO MAKE GRANTS TO ADDRESS PUBLIC
SAFETY AND METHAMPHETAMINE MANUFACTURING, SALE,
AND USE IN HOT SPOTS.
``(a) Purpose and Program Authority.--
``(1) Purpose.--It is the purpose of this part to assist
States--
``(A) to carry out programs to address the manufacture,
sale, and use of methamphetamine drugs; and
``(B) to improve the ability of State and local government
institutions of to carry out such programs.
``(2) Grant authorization.--The Attorney General, through
the Bureau of Justice Assistance in the Office of Justice
Programs may make grants to States to address the
manufacture, sale, and use of methamphetamine to enhance
public safety.
``(3) Grant projects to address methamphetamine manufacture
sale and use.--Grants made under subsection (a) may be used
for programs, projects, and other activities to--
``(A) investigate, arrest and prosecute individuals
violating laws related to the use, manufacture, or sale of
methamphetamine;
``(B) reimburse the Drug Enforcement Administration for
expenses related to the clean up of methamphetamine
clandestine labs;
``(C) support State and local health department and
environmental agency services deployed to address
methamphetamine; and
``(D) procure equipment, technology, or support systems, or
pay for resources, if the applicant for such a grant
demonstrates to the satisfaction of the Attorney General that
expenditures for such purposes would result in the reduction
in the use, sale, and manufacture of methamphetamine.
``SEC. 2997. FUNDING.
``There are authorized to be appropriated to carry out this
part $99,000,000 for each fiscal year 2006, 2007, 2008, 2009,
and 2010.''.
SEC. 755. GRANTS FOR PROGRAMS FOR DRUG-ENDANGERED CHILDREN.
(a) In General.--The Attorney General shall make grants to
States for the purpose of carrying out programs to provide
comprehensive services to aid children who are living in a
home in which methamphetamine or other controlled substances
are unlawfully manufactured, distributed, dispensed, or used.
(b) Certain Requirements.--The Attorney General shall
ensure that the services carried out with grants under
subsection (a) include the following:
(1) Coordination among law enforcement agencies,
prosecutors, child protective services, social services,
health care services, and any other services determined to be
appropriate by the Attorney General to provide assistance
regarding the problems of children described in subsection
(a).
(2) Transition of children from toxic or drug-endangering
environments to appropriate residential environments.
(c) Authorization of Appropriations.--For the purpose of
carrying out this section, there are authorized to be
appropriated $20,000,000 for each of the fiscal years 2006
and 2007. Amounts appropriated under the preceding sentence
shall remain available until expended.
SEC. 756. AUTHORITY TO AWARD COMPETITIVE GRANTS TO ADDRESS
METHAMPHETAMINE USE BY PREGNANT AND PARENTING
WOMEN OFFENDERS.
(a) Purpose and Program Authority.--
(1) Grant authorization.--The Attorney General may award
competitive grants to address the use of methamphetamine
among pregnant and parenting women offenders to promote
public safety, public health, family permanence and well
being.
(2) Purposes and program authority.--Grants awarded under
this section shall be used to facilitate or enhance and
collaboration between the criminal justice, child welfare,
and State substance abuse systems in order to carry out
programs to address the use of methamphetamine drugs by
pregnant and parenting women offenders.
(b) Definitions.--In this section, the following
definitions shall apply:
(1) Child welfare agency.--The term ``child welfare
agency'' means the State agency responsible for child and/or
family services and welfare.
(2) Criminal justice agency.--The term ``criminal justice
agency'' means an agency of the State or local government or
its contracted agency that is responsible for detection,
arrest, enforcement, prosecution, defense, adjudication,
incarceration, probation, or parole relating to the
violation of the criminal laws of that State or local
government.
(c) Applications.--
(1) In general.--No grant may be awarded under this section
unless an application has been submitted to, and approved by,
the Attorney General.
(2) Application.--An application for a grant under this
section shall be submitted in such form, and contain such
information, as the Attorney General, may prescribe by
regulation or guidelines.
(3) Eligible entities.--The Attorney General shall make
grants to States, territories, and Indian Tribes. Applicants
must demonstrate extensive collaboration with the State
criminal justice agency and child welfare agency in the
planning and implementation of the program.
(4) Contents.--In accordance with the regulations or
guidelines established by the Attorney General in
consultation with the Secretary of Health and Human Services,
each application for a grant under this section shall contain
a plan to expand the State's services for pregnant and
parenting women offenders who are pregnant women and/or women
with dependent children for the use of methamphetamine or
methamphetamine and other drugs and include the following in
the plan:
(A) A description of how the applicant will work jointly
with the State criminal justice and child welfare agencies
needs associated with the
[[Page H11302]]
use of methamphetamine or methamphetamine and other drugs by
pregnant and parenting women offenders to promote family
stability and permanence.
(B) A description of the nature and the extent of the
problem of methamphetamine use by pregnant and parenting
women offenders.
(C) A certification that the State has involved counties
and other units of local government, when appropriate, in the
development, expansion, modification, operation or
improvement of proposed programs to address the use,
manufacture, or sale of methamphetamine.
(D) A certification that funds received under this section
will be used to supplement, not supplant, other Federal,
State, and local funds.
(E) A description of clinically appropriate practices and
procedures to--
(i) screen and assess pregnant and parenting women
offenders for addiction to methamphetamine and other drugs;
(ii) when clinically appropriate for both the women and
children, provide family treatment for pregnant and parenting
women offenders, with clinically appropriate services in the
same location to promote family permanence and self
sufficiency; and
(iii) provide for a process to enhance or ensure the
abilities of the child welfare agency, criminal justice
agency and State substance agency to work together to re-
unite families when appropriate in the case where family
treatment is not provided.
(d) Period of Grant.--The grant shall be a three-year
grant. Successful applicants may reapply for only one
additional three-year funding cycle and the Attorney General
may approve such applications.
(e) Performance Accountability; Reports and Evaluations.--
(1) Reports.--Successful applicants shall submit to the
Attorney General a report on the activities carried out under
the grant at the end of each fiscal year.
(2) Evaluations.--Not later than 12 months at the end of
the 3 year funding cycle under this section, the Attorney
General shall submit a report to the appropriate committees
of jurisdiction that summarizes the results of the
evaluations conducted by recipients and recommendations for
further legislative action.
(f) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section such sums as may
be necessary.
And the Senate agree to the same.
From the Committee on the Judiciary, for consideration of the
House bill (except section 132) and the Senate amendment, and
modifications committed to conference:
F. James Sensenbrenner, Jr.,
Howard Coble,
Lamar Smith,
Elton Gallegly,
Steve Chabot,
William L. Jenkins,
Daniel Lungren,
From the Permanent Select Committee on Intelligence, for
consideration secs. 102, 103, 106, 107, 109, and 132 of the
House bill, and secs. 2, 3, 6, 7, 9, and 10 of the Senate
amendment, and modifications committed to conference:
Pete Hoekstra,
Heather Wilson,
From the Committee on Energy and Commerce, for consideration
secs. 124 and 231 of the House bill, and modifications
committed to conference:
Charlie Norwood,
John Shadegg,
From the Committee on Financial Services, for consideration
sec. 117 of the House bill, and modifications committed to
conference:
Michael G. Oxley,
Spencer Bachus,
From the Committee on Homeland Security, for consideration
secs. 127-129 of the House bill, and modifications committed
to conference:
Peter T. King,
Curt Weldon,
Managers on the Part of the House.
Arlen Specter,
Orrin Hatch,
Jon Kyl,
Mike DeWine,
Jeff Sessions,
Pat Roberts,
Managers on the Part of the Senate.
JOINT EXPLANATORY STATEMENT OF THE COMMI1TEE OF CONFERENCE
The managers on the part of the House and the Senate at the
conference on the disagreeing votes of the two Houses on the
amendment of the Senate to the bill (H.R. 3199), to extend
and modify authorities needed to combat terrorism, and for
other purposes, submit the following joint statement to the
House and the Senate in explanation of the effect of the
action agreed upon by the managers and recommended in the
accompanying conference report:
The Senate amendment struck all of the House bill after the
enacting clause and inserted a substitute text.
The House recedes from its disagreement to the amendment of
the Senate with an amendment that is a substitute for the
House bill and the Senate amendment. The differences between
the House bill, the Senate amendment, and the substitute
agreed to in conference are noted below, except for clerical
corrections, conforming changes made necessary by agreements
reached by the conferees, and minor drafting and clarifying
changes.
Section 1. Short title. Table of contents
The House receded to the Senate on the short title of the
Act. The short title is the ``USA PATRIOT Improvement and
Reauthorization Act of 2005.''
TITLE I--USA PATRIOT IMPROVEMENT AND REAUTHORIZATION ACT
Section 101. References to, and modification of short title
for, USA PATRIOT Act
Section 101 of the conference report is identical to
section 101 of the House bill and similar to section 9(d) of
the Senate amendment. Section 101 states that references
contained within the conference report to the USA PATRIOT Act
shall be deemed a reference to Public Law No. 107-56, the
``Uniting and Strengthening America by Providing Appropriate
Tools Required to Intercept and Obstruct Terrorism Act (USA
PATRIOT Act) of 2001.''
Section 102. USA PATRIOT Act sunset provisions
Section 102 of the conference report adopts a 4-year sunset
on sections 206 and 215 of the USA PATRIOT Act, and makes
permanent the other provisions, all of which were set to
expire on December 31, 2005. Sections 206 and 215 relate to
Foreign Intelligence Court orders for multipoint, or
``roving,'' wiretaps and for business records requested under
the Foreign Intelligence Surveillance Act (FISA).
Section 103. Extension of sunset relating to individual
terrorists as agents of foreign powers
Section 103 of the conference report extends the sunset of
section 6001(b) of the Intelligence Reform and Terrorism
Prevention Act (IRTPA) by 4 years so the provision is set to
expire on December 31, 2009. Section 6001(b) applied the USA
PATRIOT Act sunset to the new definition of ``Agent of a
Foreign Power'' under section 6001 of IRTPA. Section 6001
states that an ``Agent of a foreign power'' for any person
other than a United States person, includes a person who
``engages in international terrorism or activities in
preparation thereof.'' This definition reaches ``lone wolf''
terrorists engaged in international terrorism.
Section 104. Section 2332b and the material support sections
of Title 18, United States Code
Section 104 of the conference report is identical to
section 104 of the House bill and substantively similar to
section 9(c) of the Senate amendment. This section makes
section 6603 of the IRTPA permanent by repealing the sunset
contained in section 6603(g) of the IRTPA. This sunset would
have allowed a criminal offense, and not a law enforcement
tool, to expire. Furthermore, this sunset effectively made
the underlying provision unconstitutional. Section 6603 of
the IRTPA amended the law to address court concerns on the
constitutionality of the prohibition of providing material
support to terrorists.
Section 105. Duration of FISA surveillance of non-United
States persons under section 207 of the USA PATRIOT Act
Section 105 of the conference report is substantively
similar to section 106 of the House bill and section 3 of the
Senate amendment. This section further extends the maximum
duration of orders for electronic surveillance and physical
searches targeted against all agents of foreign powers who
are not U.S. persons. Initial orders authorizing searches and
electronic surveillance will be for periods of up to 120 days
and renewal orders will extend for periods of up to one year.
Section 105 also extends the maximum duration for both the
initial and renewal orders for pen register/trap and trace
surveillance to a period of one year in cases where the
government certified that the information likely to be
obtained is foreign intelligence information not concerning a
U.S. person.
Section 106. Access to certain business records under section
215 of the USA PATRIOT Act
Section 106 of the conference report is a compromise
between section 107 of the House bill and section 7 of the
Senate amendment. This section of the conference report
amends section 215 of the USA PATRIOT Act to clarify that the
tangible things sought by a section 215 FISA order (``215
order'') must be ``relevant'' to an authorized preliminary or
full investigation to obtain foreign intelligence information
not concerning a U.S. person or to protect against
international terrorism or clandestine intelligence
activities. The provision also requires a statement of facts
to be included in the application that shows there are
reasonable grounds to believe the tangible things sought are
relevant, and, if such facts show reasonable grounds to
believe that certain specified connections to a foreign power
or an agent of a foreign power are present, the tangible
things sought are presumptively relevant. Congress does not
intend to prevent the FBI from obtaining tangible items that
it currently can obtain under section 215.
The provision also clarifies that a recipient of a FISA
section 215 production order may challenge that order, and
may disclose receipt to a lawyer, other persons necessary to
comply with the order, and additional persons approved by the
FBI. This provision allows the FBI to request the recipient
to identify the individuals to whom disclosure has been or
will be made. The provision also makes clear that a judge
should approve an application only ``if the judge finds that
the [applicable] requirements [of the section] have been
met.'' The provision also expressly provides for a judicial
review process that authorizes a specified pool of FISA court
judges to review a 215 order that has been challenged. The
provision requires high-level
[[Page H11303]]
approval, and specific congressional reporting, of requests
for certain sensitive categories of records, such as library,
bookstore, tax return, firearms sales, educational, and
medical records. The provision requires promulgation and
application of minimization procedures governing the
retention and dissemination by the FBI of any tangible thing
obtained under this section and requires restrictions on the
use of information obtained with an order under this section.
In addition, section 106 directs the Attorney General to
draft minimization procedures that apply to information
obtained under a FISA ``business records'' order. In the
application for the order, the applicant must enumerate the
minimization procedures applicable to the retention and
dissemination of the tangible things sought by the FBI in the
application. Such enumerated procedures should meet the
requirements set forth in the definition of minimization
procedures found in new subsection (g) of section 501. If the
court finds that the enumerated procedures fail to meet the
requirements of subsection (g), the Conferees expect that the
court will direct that other procedures adopted by the
Attorney General be applied to the information sought,
consistent with the authority of the court specified in
section 501(c)(1), as amended.
Under subsection (g)(1), as amended, the Attorney General
is required to adopt minimization procedures within 180 days
of the enactment of this Act. Until the Attorney General
complies, the Conferees expect that the requirements of
subsections (b)(2)(B), (c)(1), and (h) that relate to the
adoption of minimization procedures will be viewed as
ineffective and, thus, not prevent the use of section 501 to
acquire tangible things.
Sec. 106A. Audit on access to certain business records for
foreign intelligence purposes
Section 106A of the conference report is a new provision.
This section requires that the Department of Justice
Inspector General conduct an audit on the effectiveness and
use of section 215 and submit an unclassified report of the
audit to the House and Senate Committees on the Judiciary and
Intelligence.
Section 107. Enhanced oversight of good-faith emergency
disclosures under section 212 of the USA PATRIOT Act
Section 107 of the conference report is virtually identical
to section 4 of the Senate amendment, but includes some
technical corrections to title 18 of the United States Code.
Section 108 of the House bill is substantively similar.
Section 107 of the conference report amends 18 U.S.C.
Sec. 2702, as amended by section 212 of the USA PATRIOT Act.
Section 212 allows Internet service providers to disclose
voluntarily the contents of electronic communications, as
well as subscriber information, in emergencies involving
immediate danger of death or serious physical injury. To
address concerns that this authority, in certain
circumstances, is not subject to adequate congressional,
judicial, or public oversight (particularly in situations
where the authority is used but criminal charges do not
result) the conference report requires the Attorney General
to report annually to the Judiciary Committees of the House
and Senate and to set forth the number of accounts subject to
section 212 disclosures. The report also must summarize the
basis for disclosure in certain circumstances. The Conferees
believe this will strengthen oversight on the use of this
authority without undermining important law enforcement
prerogatives and without alerting perpetrators, while
simultaneously preserving the vitality of this life-saving
authority.
Section 108. Multipoint electronic surveillance under section
206 of the USA PATRIOT Act
Section 108 of the conference report is a compromise
between section 109 of the House bill and section 2 of the
Senate amendment. Section 206 of the USA PATRIOT Act enabled
the use of multipoint, or ``roving,'' wiretaps in FISA
investigations. The conference report clarifies that the FISA
court must find that the possibility of the target thwarting
surveillance is based on specific facts in the application.
This is reflected in language contained in section 109(a) of
the House bill and for which the Senate amendment did not
have a comparable provision. In language derived from section
2(a) of the Senate amendment and for which the House bill had
no comparable provision, the conference report also requires
that the order describe the specific target in detail when
authorizing a roving wiretap for a target whose identity is
not known. The conference report requires that in the event
the government begins directing surveillance at a new
facility or place where the nature and location of each of
the facilities or places was unknown at the time the
surveillance order was issued, the government must notify the
issuing FISA court on an ongoing basis for all multipoint
surveillance authority, which addresses concerns of some that
the open-ended authorization to surveil new locations could
be abused. The conference report provisions provide further
protections by including an extra layer of judicial review
and to ensure that intelligence investigators will not abuse
the multipoint authority. This approach is superior in the
FISA context (where surveillance is often long-running and
subject to extensive and sophisticated counter-surveillance
measures) to a proximity test or ascertainment requirement,
both of which could potentially endanger an investigation or
field agents conducting the investigation.
Section 109. Enhanced congressional oversight
Section 109 of the conference report is similar to section
10 of the Senate amendment, but with an additional new
provision. Section 109 of the conference report is identical
to section 10 of the Senate amendment and requires: (1) the
FISA court to publish its rules; and (2) reporting to the
House and Senate Judiciary Committees of the use of the
emergency employments of electronic surveillance, physical
searches, and pen register and trap and trace devices.
Section 109(c) of the conference report also requires that
the Secretary of the Department of Homeland Security submit a
written report providing a description of internal affairs
operations at U.S. Citizenship & Immigration Services to
the Judiciary Committees of the House and the Senate.
Section 110. Attacks against railroad carriers and mass
transportation systems
The conference report is substantively similar to sections
110, 115, and 304 of the House bill. There are no equivalent
provisions in the Senate amendment, but section 110 of the
conference report is substantively similar to S. 629, the
``Railroad Carriers and Mass Transportation Act of 2005,''
which was reported favorably by the Senate Judiciary
Committee. Section 110 of the conference report amends 18
U.S.C. Sec. 1993, which was created by the USA PATRIOT Act to
protect against terrorist attacks and other acts of violence
against mass transportation systems. However, current law
does not cover the planning for such attacks. The conference
report closes this loophole to make it a crime to ``surveil,
photograph, videotape, diagram, or to otherwise collect
information with the intent to plan or assist in planning any
of the acts described'' in paragraphs (1)-(5) of section
1993(a). It also harmonizes section 1993 with 18 U.S.C.
Sec. 1992 (which criminalizes the ``wrecking of trains''), in
order to eliminate the inconsistency between the intent
standard in the mass transportation statute and the intent
standard in the wrecking trains statute. It also strengthens
the protection of mass transportation and railroad systems
by: expanding the types of railroad property and equipment
that are explicitly protected by Federal law; updating the
definition of ``dangerous weapons'' to cover box cutters and
other previously unrecognized weapons; and expanding the
types of prohibited attacks to include causing the release of
a hazardous material, a biological agent, or toxin near the
property of a railroad carrier or mass transportation system.
The conference report restricts the death penalty against
inchoate offenses, but retains the death penalty for
aggravated offenses. The section also expands coverage of the
criminal offense to include passenger vessels (as defined in
46 U.S.C. Sec. 2101(22)).
Section 111. Forfeiture
Section 111 of the conference report is identical to
section 111 of the House bill. There is no comparable section
in the Senate amendment. The USA PATRIOT Act amended 18
U.S.C. Sec. 981 to expressly provide that any property used
to commit or facilitate the commission of, derived from, or
otherwise involved in a Federal crime of terrorism (as
defined in 18 U.S.C. Sec. 2331) is subject to civil
forfeiture provisions. Prior to the USA PATRIOT Act, only the
``proceeds'' of a crime of terrorism were subject to civil
forfeiture provisions. This section extends forfeiture to
include property used in or derived from ``trafficking in
nuclear, chemical, biological, or radiological weapons
technology or material.''
Section 112. Section 2332b(g)(5)(B) amendments relating to
the definition of Federal crime of terrorism
Section 112 of the conference report is substantively
similar to section 112 of the House bill but includes an
additional offense. There is no comparable provision in the
Senate amendment. This section amends the current definition
of ``Federal crime of terrorism,'' to include new predicate
offenses. It also includes a clerical correction to 18 U.S.C.
Sec. 2332b(g)(S)(B).
Section 113. Amendments to section 2516(1) of Title 18,
United States Code
Section 113 of the conference report is substantively
similar to sections 113 and 122 of the House bill, but
includes additions. 18 U.S.C. Sec. Sec. 2510-2522 require the
government, unless otherwise permitted, to obtain an order of
a court before conducting electronic surveillance. The
government is permitted to seek such orders only in
connection with the investigation of the criminal offenses
enumerated in 18 U.S.C. Sec. 2516. The USA PATRIOT Act added
new wiretap offenses related to terrorism. Section 113 adds
new ``wiretap predicates'' under 18 U.S.C. Sec. 2516, which
relate to crimes of terrorism. Those predicates include 18
U.S.C. Sec. Sec. 37 (violence at international airports); 43
(animal enterprise terrorism); 81 (arson within special
maritime and territorial jurisdiction); 175b (biological
agents); 832 (nuclear and weapons of mass destruction
threats); 842 (explosive materials); 930 (possession of
weapons in Federal facilities); 956 (conspiracy to harm
persons or property overseas); 1028A (aggravated identity
theft); 1114 (killing Federal employees); 1116 (killing
certain foreign officials); 1993 (attacks of mass transit);
2340A (torture); 2339 (harboring terrorists); 2339D
(terrorist military training); and 5324 (structuring
transactions to evade reporting requirements). In addition to
these sections, new
[[Page H11304]]
predicates are added under 49 U.S.C. Sec. Sec. 46504 (assault
on a flight crew member with a dangerous weapon); and
46505(b)(3) or (c) (certain weapons offenses aboard an
aircraft).
Section 114. Delayed notice search warrants
Section 114 of the conference report is a compromise
between sections 114 and 121 of the House bill and section 5
of the Senate amendment. Contrary to reports; the USA PATRIOT
Act did not create delayed notice search warrants, but rather
codified existing case law governing delayed notices for
search warrants. Delayed notice simply means that a court has
expressly authorized investigators to delay temporarily
notifying a subject that a search warrant has been executed
(i.e., a court-ordered search has occurred). The search
warrant itself is the same regardless of when the subject
receives notice. Thus, before a search warrant is issued,
whether notice is or is not delayed, a Federal judge must
find that there is probable cause to believe that a crime has
been or is about to be committed and that evidence of that
crime or the fruits or instrumentalities of that crime will
be found at the location to be searched. As the Department of
Justice explained in an August 29, 2005 letter (p. A-5),
``Delayed notice search warrants have been available for
decades and were in use long before the USA PATRIOT Act was
enacted. Section 213 of the USA PATRIOT Act merely created a
nationally uniform process and standard for obtaining them.''
Section 213 codified the established standard of
reasonableness for delayed notice search warrants, which
previously had been the cause for some to express concern
about this indefinite term. Both the House bill in section
114, and the Senate amendment in section 5, placed a maximum
specified limit on the length of time in which a judge could
authorize law enforcement to delay notice to the subject that
a search has been conducted. The House provision provided
that the court maintains the discretion to delay notice
for up to 180 days with extensions of up to 90 days. The
Senate amendment limited the delay to ``not later than 7
days after the date of its execution, or on a later date
certain if the facts of the case justify a longer period
of delay, with extensions of up to 90 days unless the
facts justify longer.'' The conference report reflects a
compromise between the House and Senate provisions to
define a reasonable delay as up to 30 days for an initial
request, or on a later date certain if the facts justify,
and extensions of up to 90 days unless the facts justify
longer.
Section 115. Judicial review of national security letters
Section 115 of the conference report is substantively
similar to section 116 of the House bill and section 8 of the
Senate amendment. This section makes explicit that the
recipient of a national security letter (NSL) may consult
with an attorney and challenge the NSL in court. This section
of the conference report amends NSL authority under 18 U.S.C.
Sec. 2709, 15 U.S.C. Sec. 1681u, 15 U.S.C. Sec. 1861v, 12
U.S.C. Sec. 3414, and 50 U.S.C. Sec. 436, in a similar manner
to the House bill. The Senate amendment only modified 18
U.S.C. Sec. 2709. The conference report: provides that the
recipient of an NSL may petition for an order modifying or
setting aside the request in the U.S. district court for the
district in which that person or entity does business or
resides; allows the government to move for judicial
enforcement of the NSL in the event of non-compliance by
recipients; and allows the court to impose sanctions for
contempt of court if a recipient fails to comply with a court
order to enforce an NSL.
Section 116. Confidentiality of national security letters
Section 116 of the conference report is substantively
similar to section 117 of the House bill and section 8 of the
Senate amendment. This section provides that upon
certification by an individual authorized to issue an NSL,
should the disclosure endanger any individual or national
security, or interfere with diplomatic relations or a
criminal or intelligence investigation, then the disclosure
of the NSL is prohibited. This section allows for the
disclosure to those necessary to comply with an NSL or obtain
legal advice or assistance with respect to an NSL. If the
recipient makes this further disclosure as authorized by law,
the recipient must then notify the person or persons of all
applicable nondisclosure requirements. At the request of the
Director of National Intelligence, the conference report
includes language that allows the Director of the Federal
Bureau of Investigation, or the designee of the Director, to
request from any person making or intending to make a
disclosure to comply with or to receive legal advice or legal
assistance, to identify to whom such disclosure will be made.
The language does not allow the FBI Director or designee of
the Director to request the recipient of an NSL disclose the
name of an attorney to whom such disclosure will be made. The
provision, however, does allow the FBI Director or designee
of the Director to make such a request for the name of an
attorney to whom disclosure has already been made. The
conference report clarifies that a recipient of an NSL may
challenge any nondisclosure requirement in court. If a
petition is filed within 1 year of issuance of an NSL, the
court may modify or set aside such a nondisclosure
requirement if it finds that there is no reason to believe
that disclosure may harm national security; interfere with
criminal, counterintelligence, or counterterrorism
investigations; interfere with diplomatic relations; or
endanger the life or physical safety of a person. If, upon
filing the petition, a high-ranking official re-certifies
that disclosure may endanger national security or interfere
with diplomatic relations, the court must treat the re-
certification as conclusive unless there is a showing of bad
faith. If a petition is filed after a year, a specific
official, within 90 days of the filing of the petition, shall
either terminate the nondisclosure requirement or re-certify
that nondisclosure may: result in danger to the national
security of the U.S.; interfere with a criminal,
counterterrorism, or counterintelligence investigation;
interfere with diplomatic relations; or endanger the life or
physical safety of any person. In the event of re-
certification, the court again may modify or set aside such a
nondisclosure requirement only upon a finding of bad faith.
The petitioner is barred from seeking review of the
nondisclosure requirement for one year if the petition was
denied, but can continue to petition every year. This
provision recognizes that the Executive branch is both
constitutionally and practically better suited to make
national security and diplomatic relations judgments than the
judiciary.
Section 117. Violations of nondisclosure provisions of
national security letters
This section of the conference report is similar to section
118 of the House bill. There is no comparable provision in
the Senate amendment. This section provides for a felony
charge against an individual who was notified of an
applicable nondisclosure requirement and nonetheless
knowingly and with intent to obstruct an investigation or
judicial proceeding, violates that nondisclosure order. The
criminal penalties under 18 U.S.C. Sec. 1510 include up to
five years imprisonment, a fine, or both. Current law
contains no penalties for such violations.
Section 118. Reports on national security letters
Section 118 of the conference report is similar to section
119 of the House bill, with some additional reporting
requirements that are similar to provisions contained in the
Senate amendment. This section requires reporting to the
House and Senate Judiciary Committees on all NSLs, similar to
reporting that the Intelligence Committees receive. This
section also requires that the Attorney General submit to
Congress the annual aggregate number of requests made
concerning different U.S. persons. Such reporting will permit
the public to see some of the same data Congress sees in
conducting its oversight responsibilities of the DOJ. Due to
the manner in which this data is currently collected,
Congress understands that current reporting may somewhat
overstate the number of different U.S. persons about whom
requests for information are made, because NSLs seeking
information on a particular person may be served at different
times and from different FBI field offices. In order to
report a number to Congress that is as meaningful as
possible, Congress anticipates that the DOJ will undertake
reasonable efforts to modify its data collection. Congress,
however, does not anticipate that the DOJ will undertake
costly or bureaucratically difficult steps to prepare this
report.
Section 119. Enhanced oversight of national security letters
Section 119 is a new section that requires the Inspector
General of DOJ to conduct an audit of the effectiveness and
the use of the NSL authority. The report will detail the
specific functions and particular characteristics of the NSLs
issued and comment on the necessity of this law enforcement
tool. This report will be submitted to the House and Senate
Committees on the Judiciary and Intelligence one year after
the enactment of the conference report.
Section 120. Definition for forfeiture provisions under
section 806 of the USA PATRIOT Act
Section 120 of the conference report is substantively
similar to section 120 of the House bill. There is no
comparable provision in the Senate amendment. This provision
replaces the reference to the broad definition under 18
U.S.C. Sec. 2331 with the definition of a Federal crime of
terrorism for asset forfeiture under 18 U.S.C.
Sec. 981(a)(1)(G).
Section 121. Penal provisions regarding trafficking in
contraband cigarettes or smokeless tobacco
Section 121 of the conference report is substantively
similar to section 123 of the House bill. There is no
comparable provision in the Senate amendment. This section of
the conference report amends the Contraband Cigarette
Trafficking Act (``CCTA,'' 18 U.S.C. Sec. Sec. 2341 et seq.),
which makes it unlawful for any person knowingly to ship,
possess, sell, distribute or purchase contraband cigarettes.
This section amends the CCTA by: (1) extending its provisions
to cover contraband smokeless tobacco; (2) reducing the
number of cigarettes that trigger application of the CCTA
from 60,000 to 10,000; (3) imposing reporting requirements on
persons, except for tribal governments, who engage in
delivery sales of more than 10,000 cigarettes or 500 single-
unit cans or packages of smokeless tobacco in a single month;
(4) requiring the destruction of cigarettes and smokeless
tobacco seized and forfeited under the CCTA; and (5)
authorizing State and local governments, and certain persons
who hold Federal tobacco permits, to bring causes of action
against violators of the CCTA. It also amends section
2344(c), the contraband cigarette forfeiture provisions, by
adding ``contraband smokeless tobacco'' to items subject to
forfeiture and by removing the reference
[[Page H11305]]
to the Internal Revenue Code, which became outdated after the
enactment of the Civil Asset Forfeiture Reform Act of 2000.
Section 122. Prohibition of narco-terrorism
Section 122 of the conference report is substantively
similar to section 124 of the House bill. There is no
comparable provision in the Senate amendment. This section
adds new section 1010A to Part A of the Controlled Substance
Import and Export Act, (21 U.S.C. Sec. Sec. 951 et seq.),
making it a Federal crime to engage in drug trafficking to
benefit terrorists. The conference report changes the
mandatory minimum penalty from the 20 years provided in the
House bill to simply twice the minimum under 21 U.S.C.
Sec. 841(b). Finally, the conference report modifies the
proof requirements of the House-passed bill to clarify that a
person must have knowledge that the person or organization
has engaged or engages in terrorist activity or terrorism.
Section 123. Interfering with the operation of an aircraft
Section 123 of the conference report is substantively
similar to section 125 of the House bill. There is no
comparable provision in the Senate amendment. This section
amends 18 U.S.C. Sec. 32, which prohibits the destruction of
aircraft or aircraft facilities, to address the increasing
number of reports to the Federal Aviation Administration of
the intentional aiming of lasers into airplane cockpits. The
amendment makes it illegal to interfere with or disable a
pilot or air navigation facility operator with the intent to
endanger the safety of any person or with reckless disregard
for the safety of human life.
Section 124. Sense of Congress relating to lawful political
activity
Section 124 of the conference report is substantively
similar to section 126 of the House bill. There is no
comparable provision in the Senate amendment. This sense of
the Congress articulates that no American citizen should be
the target of a criminal investigation solely as a result of
that person's lawful political activity or membership in a
non-violent political organization. During the many
congressional hearings held on the PATRIOT Act, both in open
and classified settings, there has been absolutely no
evidence adduced that the Department of Justice or the FBI
has used the powers conferred by law to investigate anyone
based on his or her participation in the political process.
Section 125. Removal of civil liability barriers that
discourage the donation of fire equipment to volunteer
fire companies
Section 125 of the conference report is substantively
similar to section 131 of the House bill. There is no
comparable provision in the Senate amendment. This section
establishes immunity from civil liability (other than for
gross negligence or intentional misconduct) for anyone other
than a fire equipment manufacturer who donates fire equipment
to volunteer fire companies.
Section 126. Report on data-mining activities
Section 126 of the conference report is similar to section
132 of the House bill. There is no comparable provision in
the Senate amendment. This section instructs the Attorney
General to report to Congress on Department of Justice use or
development of pattern-based data-mining technology.
Section 127. Sense of Congress
Section 127 of the conference report is substantively
similar to section 133 of the House bill. There is no
comparable provision in the Senate amendment. This section is
a sense of the Congress that the victims of terrorist attacks
should have access to the assets of terrorists.
Section 128. PATRIOT section 214; authority for disclosure of
additional information in connection with orders for pen
register and trap and trace authority under FISA
Section 128 of the conference report is substantively
identical to section 6 of the Senate amendment. There is no
comparable provision in the House bill. This section
requires: (1) an ex-parte order for a pen register or trap
and trace device for foreign intelligence purposes to direct
the provider, upon the applicant's request, to disclose
specified information to the Federal officer using the
device; and (2) the Attorney General to fully inform the
House and Senate Judiciary Committees regarding the use of
such devices.
TITLE II--TERRORIST DEATH PENALTY ENHANCEMENT
Section 201. Short title
The short title is the ``Terrorist Death Penalty
Enhancement Act of 2005.'' Section 201 of the conference
report is identical to section 201 of the House bill. There
is no comparable provision in the Senate amendment.
Subtitle A--Terrorist Penalties Enhancement Act
Section 211. Death penalty procedures for certain air piracy
cases occurring before enactment of the Federal Death
Penalty Act of 1994
This section is the same as section 213 of the House bill,
except for the addition of a severability clause. There is no
comparable provision in the Senate amendment. Section 211 of
the conference report provides procedures for death penalty
prosecutions for air piracy crimes occurring before the 1994
Federal Death Penalty Act, provided that the government
establishes the existence of one or more factors under former
49 U.S.C. Sec. 46503(c)(2), or its predecessor, and that the
defendant has not established by a preponderance of the
evidence the existence of any of the factors set forth in
former 49 U.S.C. Sec. 46503(c)(1), or its predecessor. This
section makes the 1994 procedures applicable to post-1974,
and pre-1994 air piracy murder cases.
Section 211 of the conference report would permit the
imposition of the death penalty upon an individual convicted
of air piracy offenses resulting in death where those
offenses occurred after enactment of the Antihijacking Act of
1974 but before the enactment of the Federal Death Penalty
Act of 1994. This provision would cover a small, but
important category of defendants, including those responsible
for the December 1984 hijacking of Kuwait Airways flight 221
and the murder of two American United States Agency for
International Development employees, William Stanford and
Charles Hegna; the June 1985 hijacking of TWA flight 847 and
the murder of Navy diver Robert Stethem; the November 1985
hijacking of Egyptair flight 648 and the murder of American
servicewoman Scarlett Rogenkamp as well as 56 other
passengers; and the September 1986 hijacking of Pan Am flight
73 and the murder of American citizens Rajesh Kumar and
Surendra Patel, as well as at least 19 other passengers and
crew.
Section 211 is important to reaffirm the intent of Congress
to have available the ultimate penalty to use against
aircraft hijackers whose criminal actions result in death. In
1974, Congress enacted the Antihijacking Act, making the
crime of air piracy the one and only crime under Federal law
for which Congress passed comprehensive procedures, in
response to Furman v. Georgia, 408 U.S. 238 (1972), to ensure
that the death penalty could be constitutionally enforced.
Over the years after the passage of the Antihijacking Act of
1974, the crime of air piracy was repeatedly cited by Members
of Congress and the Executive Branch as an example of a crime
for which Congress had enacted the necessary constitutional
provisions to enforce the death penalty. In 1994, in an
effort to make the death penalty widely available for
numerous Federal offenses, and to enact uniform procedures to
apply to all Federal capital offenses, Congress passed the
Federal Death Penalty Act of 1994 (``FDPA''), explicitly
including air piracy procedures among the list of crimes to
which it applied, at the same time repealing the former death
penalty procedures of the Antihijacking Act of 1974.
The problem with this legal development is that there is a
perceived gap in legislative intent to maintain the option of
a death penalty for those who committed air piracy resulting
in death before enactment of the FDPA. On September 29, 2001,
the United States obtained custody of Zaid Hassan Abd Latif
Safarini, the operational leader of the deadly attempted
hijacking of Pan Am flight 73, a crime which occurred on
September 5, 1986, in Karachi, Pakistan, and which resulted
in the death of at least 20 people, including two United
States citizens, and the injury of more than 100 others.
Safarini personally executed the first United States citizen
and after a 16-hour stand-off, he and his fellow hijackers
opened fire on approximately 380 passengers and crew on board
Pan Am 73, attempting to kill all of them with grenades and
assault rifles. Safarini and his co-defendants had been
indicted by a grand jury in the District of Columbia in 1991,
and after his capture in 2001, the prosecutors filed papers
stating the government's intention to seek the death penalty
against Safarini. The district court, however, ruled that the
government could not seek the death penalty in this case or,
by implication, in any other air piracy case from the pre-
FDPA period, essentially because Congress had not made clear
which procedures should apply to such a prosecution. In its
ruling, the court noted that, at the time it passed the FDPA
in 1994, Congress did not state any intention as to whether
the new capital sentencing procedures should be applied to
air piracy offenses occurring before enactment of the FDPA. A
further complication exists, in that there are two provisions
of the Antihijacking Act of 1974 that, if taken away from
pre-FDPA air piracy defendants, could pose ex post facto
concerns in light of Ring v. Arizona, 536 U.S. 584 (2002).
Safarini has since pled guilty to the charged offenses and
was sentenced, pursuant to a plea agreement, to three life
terms plus twenty-five years imprisonment.
Section 211 addresses the issues identified by the district
court in the Safarini case by explicitly stating that
Congress intends for the provisions of the FDPA to apply to
this category of defendants, while also explicitly preserving
for such defendants the two provisions of the Antihijacking
Act to which they are arguably constitutionally entitled,
concerning the statutory aggravating and mitigating
circumstances set forth in the Antihijacking Act.
This provision is particularly important for several other
reasons. In the absence of a death penalty that could be
implemented for pre-FDPA hijacking offenses resulting in
death that also occurred before the effective date of the
Sentencing Guidelines on November 1, 1987, the maximum
penalty available would be life imprisonment. Under the pre-
Sentencing Guidelines structure, even prisoners sentenced to
life imprisonment were eligible for a parole hearing after
serving only ten years. While there is a split in the Circuit
Courts of Appeals as to whether a sentencing judge can impose
a sentence that
[[Page H11306]]
could avert the 10-year parole hearing requirement, the
current position of the Bureau of Prisons is that a prisoner
is eligible for a parole hearing after serving ten years of a
life sentence. Even if parole is denied on that first
occasion, such prisoners are entitled to have regularly
scheduled parole hearings every two years thereafter.
Moreover, in addition to parole eligibility after ten years,
the old sentencing and parole laws incorporated a presumption
that even persons sentenced to life imprisonment would be
released after no more than 30 years.
In the context of the individuals responsible for the
hijacking incidents described above, most of the perpetrators
were no older than in their twenties when they committed
their crimes. The imposition of a pre-Guidelines sentence of
life imprisonment for these defendants means that many, if
not all of them, could be expected to be released from prison
well within their lifetime. Given the gravity of these
offenses, coupled with the longstanding Congressional intent
to have a death penalty available for the offense of air
piracy resulting in death, such a result would be at odds
with the clear directive of Congress.
Section 211 includes a severability clause that would
establish that if any provision of the Act or the application
thereof to any person or circumstance is held invalid by a
court of law, the remainder of Section 211 and the
application of such provision to other persons or
circumstances shall not be affected by that declaration of
invalidity. The inclusion of this severability clause means
that the unaffected portions of the law would remain
operable.
Section 212. Postrelease supervision of terrorists
This section is substantively similar to section 215 of the
House bill. There is no comparable provision in the Senate
amendment. Section 212 of the conference report expands the
scope of the individuals covered by the post-release
supervision provisions for terrorists.
Subtitle B--Federal Death Penalty Procedures
Section 221. Elimination of procedures applicable only to
certain Controlled Substances Act cases
This section retains a portion of section 231 of the House
bill. There is no comparable provision in the Senate
amendment. The conference report eliminates duplicative death
procedures under title 21 of the United States Code, and
consolidates procedures governing all Federal death penalty
prosecutions in existing title 18 of the United States Code,
thereby eliminating confusing requirements that trial courts
provide two separate sets of jury instructions in certain
Federal death penalty prosecutions.
Section 222. Counsel for financially unable defendants
Section 222 of the conference report is a new provision.
This section transfers existing statutes from the death
penalty procedures contained in title 21 of the United States
Code to the death penalty procedures in title 18 of the
United States Code. This section requires that any death-
penalty eligible defendant who is or becomes financially
unable to obtain adequate representation or investigative,
expert, or other reasonably necessary services will be
entitled to the appointment of one or more attorneys and the
furnishing of such other services.
TITLE III--REDUCING CRIME AND TERRORISM AT AMERICA'S SEAPORTS
Section 301. Short title
This section designates the short title as the ``Reducing
Crime and Terrorism at America's Seaports Act of 2005.''
Section 301 of the conference report is identical to section
301 of the House bill. There is no comparable provision in
the Senate amendment, but this section is similar to S. 378,
the ``Reducing Crime and Terrorism at America's Seaports Act
of 2005,'' which was reported favorably by the Senate
Committee on the Judiciary on April 21, 2005.
Section 302. Entry by false pretenses to any seaport
Section 302 of the conference report is substantively
similar to section 302 of the House bill and the parallel
section in S. 378. There is no comparable provision in the
Senate amendment. According to the Report of the Interagency
Commission on Crime and Security at U.S. Seaports
(hereinafter ``Interagency Commission Report''), ``[c]ontrol
of access to the seaport or sensitive areas within the
seaport is often lacking.'' Such unauthorized access is
especially problematic, because inappropriate controls may
result in the theft of cargo and, more dangerously,
undetected admission of terrorists. In addition to
establishing appropriate physical, procedural, and personnel
security for seaports, it is important that U.S. criminal law
adequately reflect the seriousness of the offense. This
section clarifies that 18 U.S.C. Sec. 1036 (fraudulent access
to transport facilities) includes seaports and waterfronts
within its scope, and increases the penalties for violating
these provisions from a maximum of 5 years to 10 years.
Section 303. Criminal sanctions for failure to heave to,
obstruction of boarding, or providing false information
Section 303 of the conference report is substantively
similar to section 303 of the House bill and the parallel
section in S. 378. A core function of the United States Coast
Guard is law enforcement at sea, especially in the aftermath
of the tragic events of September 11, 2001. While the Coast
Guard has authority to use whatever force is reasonably
necessary to require a vessel to stop or be boarded,
``refusal to stop,'' by itself, is not currently a crime.
This section amends title 18 of the United States Code to
make it a crime: (1) for a vessel operator knowingly to fail
to slow or stop a ship once ordered to do so by a Federal law
enforcement officer; (2) for any person on board a vessel to
impede boarding or other law enforcement action authorized by
Federal law; or (3) for any person on board a vessel to
provide false information to a Federal law enforcement
officer. Any violation of this section will be punishable by
a fine and/or imprisonment for a maximum term of 5 years.
Section 304. Criminal sanctions for violence against maritime
navigation, placement of destructive devices
Section 304 of the conference report is substantively
similar to section 305 of the House bill, and excludes the
malicious dumping provisions contained in S. 378. The Coast
Guard maintains over 50,000 navigational aids on more than
25,000 miles of waterways. These aids, which are relied upon
by all commercial, military, and recreational mariners, are
essential for safe navigation and, therefore, are inviting
targets for terrorists. To deter any such intentional
interference, this section amends 18 U.S.C. Sec. 2280(a)
(violence against maritime navigation) to make it a crime to
intentionally damage or tamper with any maritime navigational
aid maintained by the Coast Guard or under its authority, if
such act endangers the safe navigation of a ship. In
addition, this section amends title 18 of the United States
Code to make it a crime to knowingly place in waters any
device that is likely to damage a vessel or its cargo,
interfere with a vessel's safe navigation, or interfere with
maritime commerce. Any violation of this provision will be
punishable by a fine and/or a maximum term of imprisonment
for life, and if death results, an offense could be
punishable by a sentence of death.
Section 305. Transportation of dangerous materials and
terrorists
Section 305 of the conference report is substantively
similar to section 306 of the House bill and the parallel
provision in S. 378, but adopts the intent requirements as
specified in S. 378. The section makes it a crime to
knowingly and intentionally transport aboard any vessel an
explosive, biological agent, chemical weapon, or radioactive
or nuclear materials, knowing that the item is intended to be
used to commit a terrorist act. Any violation of this
provision will be punishable by a fine and a maximum prison
term of life and, if death results, the offense could be
punished by a sentence of death.
Section 306. Destruction of, or interference with, vessels or
maritime facilities
Section 306 of the conference report is substantively
similar to section 307 of the House bill and the parallel
provision in S. 378. This section makes it a crime to: (1)
damage or destroy a vessel or its parts, a maritime facility,
or any apparatus used to store, load or unload cargo and
passengers; (2) perform an act of violence against or
incapacitate any individual on a vessel, or at or near a
facility; or (3) knowingly communicate false information that
endangers the safety of a vessel. Any violation of this
section (including attempts and conspiracies) will be
punished by a fine and/or imprisonment for a maximum of 20
years; if death results, the offense could be punished by
a sentence of death. If an individual threatens to carry
out the above-described offense, and has the apparent will
and determination to carry out the threat, that threat is
punishable by a fine and/or imprisonment for a maximum of
5 years. The offender also will be liable for all costs
incurred as a result of the threat. This section also
subjects any individual who knowingly conveys false
information about the offenses described above (or other
named offenses) to a civil penalty up to $5,000. In
addition, knowingly conveying false information concerning
an attempted violation of this section or of chapter 11 of
title 18 will be punishable by a maximum of 5 years
imprisonment. This section harmonizes the somewhat
outdated maritime provisions with the existing criminal
sanctions for destruction or interference with an aircraft
or aircraft facilities in 18 U.S.C. Sec. Sec. 32, 34, and
35.
Section 307. Theft of interstate or foreign shipments or
vessels
This section is similar to section 308 of the House bill
and the parallel provision in S. 378, except the conference
report does not maintain the increased criminal penalties
that were included in the House bill. The Interagency
Commission Report found that certain existing statutes,
regulations, and sentencing guidelines do not provide
sufficient sanctions to deter criminal or civil violations
related to a range of offenses, including theft of interstate
or foreign shipments. In an effort to close statutory gaps
and increase the criminal penalty, this section expands the
scope of section 18 U.S.C. Sec. 659 (theft of interstate or
foreign shipments) to include theft of goods from additional
transportation facilities or instruments, including trailers,
cargo containers, and warehouses. In addition, the section
increases the penalties for theft of goods from a maximum of
10 years to a maximum of 15 years imprisonment, and for
amounts less than $1000, the punishment will be increased
from a maximum of 1 year to a maximum of 3 years
imprisonment. The section clarifies that, under
[[Page H11307]]
18 U.S.C. Sec. 659, the determination of whether goods are
``moving as an interstate or foreign shipment'' is made by
considering the entire cargo route, regardless of any
temporary stop between the point of origin and final
destination. Finally, the section requires an annual report
of law enforcement activities relating to cargo theft and
requires collection and reporting by the FBI of cargo theft
crimes.
Section 308. Stowaways on vessels or aircraft
Section 308 of the conference report is similar to section
310 of the House bill. It is similar to the parallel
provision in S. 378, though the conference report includes a
death penalty that was not part of the Senate amendment. The
section increases the maximum penalty for a violation of 18
U.S.C. Sec. 2199 (stowaways on vessels or aircraft) from 1
year to 5 years imprisonment. If the act is committed with
the intent to commit serious bodily injury and serious bodily
injury occurs, it will be punishable by a fine and a maximum
of 20 years imprisonment. If death results, it will be
punishable by death or life imprisonment.
Section 309. Bribery affecting port security
This section is substantively similar to section 311 of the
House bill and the parallel provision of S. 378. Section 309
of the conference report makes it a crime to knowingly, and
with the intent to commit international or domestic
terrorism, bribe a public official to affect port security;
or to receive a bribe in return for being influenced in
public duties affecting port security, knowing that such
influence will be used to commit, or plan to commit, an act
of terrorism. A violation of this section is punishable by a
maximum term of 15 years imprisonment.
Section 310. Penalties for smuggling goods into the United
States
Section 310 of the conference report is substantively
identical to section 312 of the House bill. There is no
comparable provision in the Senate amendment. This section
increases the penalty for violations of 18 U.S.C. Sec. 545
(smuggling) from imprisonment for not more than 5 years to
imprisonment for not more than 20 years.
Section 311. Smuggling goods from the United States
Section 311 of the conference report is substantively
identical to section 313 of the House bill. There is no
comparable provision in the Senate amendment. This section
creates a new criminal offense for illegally smuggling goods
from the United States and establishes a maximum penalty of
10 years imprisonment.
TITLE IV--COMBATING TERRORISM FINANCING
Section 401. Short title
The short title is ``Combating Terrorism Financing Act of
2005.'' Section 401 of the conference report is identical to
section 401 of the House bill. There is no comparable
provision in the Senate amendment.
Section 402. Increased penalties for terrorism financing
Section 402 of the conference report is substantively
similar to section 402 of the House bill. There is no
comparable provision in the Senate amendment. Currently,
penalties for violating the International Emergency Economic
Powers Act (IEEPA) are not commensurate with terrorist
financing violations. This section amends section 206 of
IEEPA (50 U.S.C. Sec. 1705) to increase the civil penalty
from $10,000 to $50,000 per violation and to increase the
criminal penalty from 10 years imprisonment to 20 years
imprisonment with the maximum criminal fine remaining the
same.
Section 403. Terrorism-related specified activities for money
laundering
Section 403 of the conference report is substantively
similar to section 403 of the House bill. There is no
comparable provision in the Senate amendment. Under current
law, a number of activities that terrorist financiers
undertake are not predicates for purposes of the Federal
money laundering statute, 18 U.S.C. Sec. 1956. Key among
those activities is operating an illegal money
transmitting business, including ``hawala'' networks,
which terrorists and their sympathizers often use to
transfer funds to terrorist organizations abroad. This
section adds three terrorism-related provisions to the
list of specified unlawful activities that serve as
predicates for the money laundering statute. Subsection(a)
adds as a RICO predicate the offense in 18 U.S.C.
Sec. 1960 (relating to illegal money transmitting
businesses), which has the effect of making this offense a
money laundering predicate through the cross-reference in
18 U.S.C. Sec. 1956(c)(7)(A). Subsection(b) directly adds
as money laundering predicates the new terrorist-financing
offense in 18 U.S.C. Sec. 2339C.
Sec. 404. Assets of persons committing terrorist acts against
foreign countries or international organizations
Section 404 of the conference report is substantively
similar to section 404 of the House bill. There is no
comparable provision in the Senate amendment. The USA PATRIOT
Act enacted a new forfeiture provision codified at 18 U.S.C.
Sec. 981(a)(1)(G) pertaining to the assets of any person
planning or perpetrating an act of terrorism against the
United States. Section 404 of the conference report adds a
parallel provision pertaining to the assets of any person
planning or perpetrating an act of terrorism against a
foreign state or international organization. Where the
property sought for forfeiture is located outside the United
States, an act in furtherance of planning or perpetrating the
terrorist act must have occurred within the jurisdiction of
the United States.
Sec. 405. Money laundering through hawalas
Section 405 of the conference report is substantively
similar to section 405 of the House bill. There is no
comparable provision in the Senate amendment. This section
outlaws any ``dependent transactions'' relating to a money
laundering transaction. Terrorist financing and money
laundering can be mutually exclusive, but many times they go
hand-in-hand. As reported in the National Money Laundering
Strategy (NMLS), ``both depend on the lack of transparency
and vigilance in the financial system. Money laundering
requires the existence of an underlying crime, while
terrorist financing does not. Methods for raising funds to
support terrorist activities may be legal or illegal. Also,
the objective of money laundering investigations is
prosecution and forfeiture. Terrorist financing
investigations share these objectives; however, the ultimate
goal is to identify, disrupt, and cut off the flow of funds
to terrorists, whether or not the investigation results in
prosecutions.''
Many steps have been taken by Congress, law enforcement,
and the private sector to address the issue of terrorist
financing. The USA PATRIOT Act codified money laundering
statutes and provided authority improving the flow of
financial information regarding terrorist financing. The Bank
Secrecy Act has been amended to require financial
institutions to report suspicious activities. Enforcement and
enhanced regulations make it more difficult for terrorist
organizations to compromise U.S. financial institutions.
However, these terrorists continue to seek the path of least
resistance, utilizing alternative financing systems and
foreign banking systems that lack sufficient standards and
regulations.
Alternative remittance systems are utilized by terrorists
to move and launder large amounts of money around the globe
quickly and secretly. These remittance systems, also referred
to as ``hawala'' networks, are used throughout the world,
including the Middle East, Europe, North America and South
Asia. These systems are desirable to criminals and non-
criminals alike because of the anonymity, low cost,
efficiency, and access to underdeveloped regions. The United
States has taken steps to combat the ``hawala'' networks by
requiring all money transmitters, informal or formal, to
register as money services businesses.
Under current Federal law, a financial transaction
constitutes a money laundering offense only if the funds
involved in the transaction represent the proceeds of some
criminal offense. See 18 U.S.C. Sec. 1956(a)(1) (``represents
the proceeds of some form of unlawful activity''); and 18
U.S.C. Sec. 1957(f)(2) (``property constituting, or derived
from, proceeds obtained from a criminal offense''). There is
some uncertainty, however, as to whether the ``proceeds
element'' is satisfied with regard to each transaction in a
money laundering scheme that involves two or more
transactions conducted in parallel, only one of which
directly makes use of the proceeds from unlawful activity.
For example, consider the following transaction: A sends drug
proceeds to B, who deposits the money in Bank Account 1.
Simultaneously or subsequently, B takes an equal amount of
money from Bank Account 2 and sends it to A, or to a person
designated by A. The first transaction from A to B clearly
satisfies the proceeds element of the money laundering
statute, but there is some question as to whether the second
transaction--the one that involves only funds withdrawn from
Bank Account 2 does so as well. The question has become
increasingly important because such parallel transactions are
the technique used to launder money through the Black Market
Peso Exchange and ``hawala'' network. Section 405 of the
conference report is intended to remove all uncertainty on
this point by providing that all constituent parts of a set
of parallel or dependent transactions involve criminal
proceeds if one such transaction does so. The conference
report modifies the hawala provision to require that it be
part of plan or arrangement.
Sec 406. Technical and conforming amendments relating to the
USA PATRIOT Act
Section 406 of the conference report is substantively
similar to section 406 of the House bill. There is no
comparable provision in the Senate amendment. This section
makes a number of corrections relating to provisions of the
USA PATRIOT Act, mostly affecting money laundering or asset
forfeiture. While essentially technical in nature, these
corrections are critical because typographical and other
errors in the USA PATRIOT Act provisions are preventing
prosecutors from fully utilizing that Act's tools. For
example, certain new forfeiture authorities enacted by that
Act refer to a nonexistent statute, 31 U.S.C. Sec. 5333,
where 31 U.S.C. Sec. 5331 is intended.
Subsection (a) makes technical corrections to a number of
provisions in the USA PATRIOT Act. Subsection (b) codifies
section 316(a)-(c) of that Act as 18 U.S.C. Sec. 987.
Subsection (c) adds explicit language covering
conspiracies to carry out two offenses likely to be
committed by terrorists (18 U.S.C. Sec. Sec. 33(a) and
1366), thereby conforming these provisions to various
crimes modified by section 811 of the USA PATRIOT Act,
which added conspiracy language to other terrorism
offense.
[[Page H11308]]
Section 407. Cross reference correction
Section 407 of the conference report is substantively
identical to section 408 of the House bill. There is no
comparable provision in the Senate amendment. This section
corrects a cross-reference, replacing the ``National
Intelligence Reform Act of 2004'' with the correct title, the
``Intelligence Reform and Terrorism Prevention Act of 2004.''
Section 408. Amendment to amendatory language
Section 408 of the conference report is substantively
identical to section 409 of the House bill. There is no
comparable provision in the Senate amendment. This section
amends an incorrect citation.
Section 409. Designation of additional money laundering
predicate
Section 409 of the conference report is substantively
identical to section 410 of the House bill. There is no
comparable provision in the Senate amendment. This section
adds 18 U.S.C. Sec. 2339D (relating to receiving military-
type training from a foreign terrorist organization) as a
money laundering predicate.
TITLE V--MISCELLANEOUS
Section 501. Residence of United States Attorneys and
Assistant United States Attorneys
Section 501 is a new section and addresses an unintentional
effect of the residency requirement for United States
Attorneys and Assistant United States Attorneys. Section 501
of the conference report provides that the Attorney General
can order that residency requirements be waived when a United
States Attorney or Assistant United States Attorney is
assigned dual or additional responsibilities. This provision
will enable activities such as participation by United States
Attorneys in legal activities in Iraq.
Section 502. Interim appointment of United States Attorneys
Section 502 is a new section and addresses an inconsistency
in the appointment process of United States Attorneys.
Section 503. Secretary of Homeland Security in Presidential
line of succession
Section 503 of the conference report is a new section and
fills a gap in the Presidential line of succession by
including the Secretary of Homeland Security.
Section 504. Bureau of Alcohol, Tobacco, and Firearms to the
Department of Justice
Section 504 of the conference report is a new section. This
provision modifies the appointment procedure for the Director
of the Bureau of Alcohol, Tobacco, and Firearms by providing
that the President, with the advice and consent of the
Senate, shall appoint the Director.
Section 505. Qualifications of United States Marshals
Section 505 of the conference report is a new section. This
section clarifies the qualifications individuals should have
before joining the United States Marshals.
Section 506. Department of Justice intelligence matters
Section 506 is a new section that establishes a National
Security Division (NSD) within the DOJ, headed by an
Assistant Attorney General for National Security (AAGNS).
This section is consistent with a recommendation by the WMD
Commission that the ``Department of Justice's primary
national security elements--the Office of Intelligence Policy
and Review, and the Counterterrorism and Counterespionage
sections--should be placed under a new Assistant Attorney
General for National Security.'' A version of this section
was included in S. 1803, the ``Intelligence Reauthorization
bill for fiscal year 2006,'' which was reported favorably by
the Senate Select Committee on Intelligence on September 29,
2005.
Section 507. Review by Attorney General
Section 507 is a new section. It modifies the process by
which States can opt in to the expedited habeas procedures
for capital cases under chapter 154 of title 28 of the United
States Code by shifting responsibility to the Attorney
General for certifying when a State has qualified. This
section also allows for de novo review in the U.S. Court of
Appeals for the District of Columbia Circuit of the Attorney
General's certification. It relaxes the time constraints
imposed on judges for deciding habeas cases under chapter
154. This section also clarifies when a habeas proceeding is
`pending' for purposes of 28 U.S.C. 2251, which controls the
circumstances under which a federal court hearing a habeas
petition may stay a State court action. Overruling McFarland
v. Scott, 512 U.S. 849 (1994), this section provides that a
habeas proceeding is not `pending' until the habeas
application itself is filed. For prisoners who have applied
for counsel pursuant to 18 U.S.C. 3599(a)(2), there is a
limited exception allowing the court to stay execution of a
death sentence until after the attorney has been appointed or
the application withdrawn or denied.
TITLE VI--SECRET SERVICE
Section 601. Short title
The short title is ``Secret Service Authorization and
Technical Modification Act of 2005.'' Section 601 of the
conference report is new.
Section 602. Interference with national special security
events
Section 602 of the conference report is a new section. 18
U.S.C. Sec. 1752 authorizes the Secret Service to charge
individuals who breach established security perimeters or
engage in other disruptive or potentially dangerous conduct
at National Special Security Events (NSSEs) if a Secret
Service protectee is attending the designated event. Section
602 of the conference report expands 18 U.S.C. Sec. 1752 to
criminalize such security breaches at NSSEs that occur when
the Secret Service protectee is not in attendance.
Additionally, it doubles the statutory penalties (from 6
months to 1 year) for violations of Sec. 1752, to make the
penalty consistent with the prescribed penalty under 18
U.S.C. Sec. 3056(d) (interference with Secret Service law
enforcement personnel generally). The conference report makes
punishable by up to 10 years the thwarting of security
procedures by individuals in possession of dangerous or
deadly weapons.
Section 603. False credentials to national special security
events
Section 603 of the conference report is a new section. This
section amends 18 U.S.C. Sec. 1028 to make it a Federal crime
to knowingly produce, possess, or transfer a false
identification document that could be used to gain unlawful
and unauthorized access to any restricted area of a building
or grounds in conjunction with a NSSE. Such actions were a
problem during the 2002 Winter Olympics, and the conference
report will allow for Federal prosecution against such
criminal violations at future NSSEs.
Section 604. Forensic and investigative support of missing
and exploited children cases
Section 604 of the conference report is a new section. On
April 30, 2003, President Bush signed into law the Child
Abduction Prevention Act (Pub. Law No. 108-21), which
authorizes the Secret Service to provide, upon request,
forensic and investigative assistance to the National Center
for Missing and Exploited Children or local law enforcement
agencies. The current statute states that ``officers and
agents'' of the Secret Service may provide this assistance.
Section 604 of the conference report clarifies that forensic
and other civilian personnel, such as fingerprint
specialists, polygraph examiners, and handwriting analysts,
are authorized to provide such assistance.
Section 605. The uniformed division, United States Secret
Service
Section 605 of the conference report is a new section. This
section places all authorities of the Uniformed Division,
which are currently authorized under title 3, in a newly
created 18 U.S.C. Sec. 3056A, following the core authorizing
statute of the Secret Service (18 U.S.C. Sec. 3056), thereby
organizing the Uniformed Division under title 18 of the
United States Code with other Federal law enforcement
agencies.
Section 606. Savings provisions
Section 606 of the conference report is a new section. This
section makes clear that the transfer of the Uniformed
Division from title 3 of the United States Code to title 18
of the United States Code shall have no impact on the
retirement benefits of current employees or annuitants and
others necessary to reimburse State and local government
organizations for support provided in connection with a visit
of a foreign government official.
Section 607. Maintenance as distinct entity
Section 607 of the conference report is a new section. This
section provides a clear operational and organizational
framework for the Secret Service that maintains the Secret
Service as a distinct component of the Department of Homeland
Security while providing the Service with necessary
operational latitude. It allows for the Director of the
Secret Service to report directly to the Secretary of the
Department of Homeland Security. Finally, the conference
report provides that the assets, agents, officers, and other
personnel of the Secret Service shall remain at all times
under the command and control of the Director.
Section 608. Exemptions from the Federal Advisory Committee
Act
Section 608 of the conference report is a new section. This
section exempts the functions of the Secret Service's
Electronic Crime Task Forces and the candidate protection
committee from the Federal Advisory Committee Act (5 U.S.C.
App. 2), which imposes a series of requirements on committees
established or utilized by Federal agencies to provide advice
or recommendations to any agency or Federal officer.
Committees that wholly consist of full-time officers or
employees of the Federal Government are not covered by the
Act. If the advisory committee is subject to the Act, it
must, among other requirements, open its meetings to the
public, publish notice of meetings in the Federal Register,
and make its minutes available to the public. There are
current exemptions from these requirements, such as
committees established by the CIA and the Federal Reserve.
This amendment eliminates any doubt and confirms that the Act
does not apply to the Electronic Crime Task Forces or the
candidate protection committee.
TITLE VII--COMBAT METHAMPHETAMINE EPIDEMIC ACT OF 2005
Section 701. Short title
The short title is the ``Combat Methamphetamine Epidemic
Act of 2005.'' Section 701 of the conference report is a new
section.
[[Page H11309]]
Subtitle A--Domestic Regulation of Precursor Chemicals
Section 711. Scheduled listed chemical products; restrictions
on sale quantity, behind-the counter access, and other
safeguards
This section of the conference report is new. Section 711
reclassifies pseudoephedrine, phenylpropanolamine, and
ephedrine as Schedule Listed Chemicals; reduces the Federal
pertransaction sales limit for SLCs from 9 grams to 3.6 grams
(the amount recently proposed by the Administration);
requires behind-the-counter storage or locked cabinet storage
of SLCs; requires that regulated sellers (retail distributors
and pharmacies) maintain a written log of purchases;
restricts monthly sales to no more than 9.0 grams per
purchaser; imposes similar requirements on Internet sellers
and mobile retail vendors; and requires each regulated seller
to submit a certification that it is in compliance with these
requirements, that its employees have been trained as to
these requirements, and that records relating to such
training are maintained at the retailers location. Such
certifications are to be made available by the Attorney
General to State and local law enforcement.
Section 712. Regulated transactions
This section of the conference report is new and repeals
the Federal ``blister pack'' exemption, and clarifies the law
to include derivatives of each of these chemicals. It makes
conforming amendments to the current law, to accommodate the
new sales restrictions, and makes another technical
correction to make it clear that these sales limitations
apply to drug combinations containing derivatives of
pseudoephedrine, ephedrine, or phenylpropanolamine.
Section 713. Authority to establish production quotas
This section of the conference report is new and extends
the Attorney General's existing authority to set production
quotas for certain controlled substances (see 21 U.S.C.
Sec. 826) to pseudoephedrine, ephedrine, and
phenylpropanolamine. Currently, domestic production of these
chemicals is not very high, as most of our country's supply
is imported. With the adoption of the import quotas in
section 715 of this Act (see below), however, the Attorney
General would require corresponding authority within the U.S.
if domestic production were to increase. Current law (as
amended) would allow manufacturers to apply for increases in
their production quotas (see 21 U.S.C. Sec. 826(e)).
Section 714. Penalties; authority for manufacturing; quota
This section of the conference report is new and expands
the existing penalty for illegal production beyond
established quotas (see 21 U.S.C. Sec. 842(b)) to take into
account the Attorney General's new authority to set quotas
for methamphetamine precursors.
Section 715. Restrictions on importation; authority to permit
imports for medical, scientific, or other legitimate
purposes
Section 715 of the conference report is a new provision and
extends the Attorney General's existing authority to set
import quotas for controlled substances (see 21 U.S.C.
Sec. 952) to pseudoephedrine, ephedrine, and
phenylpropanolamine. This section allows registered importers
to apply for temporary or permanent increases in a quota to
meet legitimate needs. The. Attorney General is required to
act on all such applications within 60 days.
Section 716. Notice of importation or exportation; approval
of sale or transfer by importer or exporter
Section 716 of the conference report is new and closes a
loophole in the current regulatory system for imports and
exports of precursor chemicals for methamphetamine and other
synthetic drugs. Under current law, a company that wants to
import or export pseudoephedrine or another precursor
chemical must either: (1) Notify the Department of Justice 15
days in advance of the import or export; or (2) be a company
that has previously imported or exported a precursor and is
proposing to sell the chemicals to a customer with whom the
company has previously dealt. (See 21 U.S.C. Sec. 971(a),
(b).)
A problem can arise, however, when the sale that the
importer or exporter originally planned falls through. When
this happens, the importer or exporter must quickly find a
new buyer for the chemicals on what is called the ``spot
market''--a wholesale market. Sellers are often under
pressure to find a buyer in a short amount of time, meaning
that they may be tempted to entertain bids from companies
without a strong record of preventing diversion. More
importantly, the Department of Justice has no opportunity to
review such transactions in advance and suspend them if there
is a danger of diversion to illegal drug production.
This section extends the current reporting requirements--as
well as the current exemption for regular importers and
customers--to post-import or export transactions. If an
importer or exporter were required to file an initial advance
notice with the Department of Justice 15 days before the
shipment of chemicals, and the originally planned sale fell
through, the importer or exporter would be required to file a
second advance notice with DOJ identifying the new proposed
purchaser. DOJ would then have 15 days to review the new
transaction and decide whether it presents enough of a risk
of diversion to warrant suspension. As is the case under
existing law, a suspension can be appealed through an
administrative process. (See 21 U.S.C. Sec. 971(c)(2)
If, however, the new proposed purchaser qualifies as a
``regular'' customer under existing law, the importer or
exporter would not be required to file a second advance
notice. (Note that under current law, DOJ does receive a
record of these transactions after the fact, see 21 U.S.C.
Sec. 971(b)(I)).
Section 717. Enforcement of restrictions on importation and
of requirement of notice of transfer
This section of the conference report is new and makes a
conforming amendment to current law to extend existing
penalties for illegal imports or exports to the new
regulatory requirements added by sections 715 and 716 of
the conference report.
Section 718. Coordination with United States Trade
Representative
This section of the conference report is new and requires
coordination by the Attorney General with the United States
Trade Representative.
Subtitle B--International Regulation of Precursor Chemicals
Section 721. Information of foreign chain of distribution;
import restrictions regarding failure of distributors to
cooperate
This section of the conference report is new and further
amends the reporting requirements for importers of meth
precursor chemicals, by requiring them to file with Federal
regulators the detailed information about the chain of
distribution of imported chemicals (from the manufacturer to
the shores of the U.S.). This provision will assist U.S. law
enforcement agencies to better track where meth precursors
come from, and how they get to the U.S. At present, very
little information exists about the international ``chain of
distribution'' for these chemicals, hindering effective
controls.
Section 722. Requirements relating to the largest exporting
and importing countries of certain precursor chemicals
This section of the conference report is new, and was
originally introduced by Rep. Mark Kennedy in the House and
was adopted by the House as part of the State Department
reauthorization legislation for FE 2006-07 (H.R. 2601). It
mandates a separate section of the current State Department
report on major drug producing and transit countries (see 22
U.S.C. 2291h), identifying the five largest exporters of
major methamphetamine precursor chemicals, and the five
largest importers that also have the highest rate of
methamphetamine production or diversion of these chemicals to
the production of methamphetamine. If any of those countries
was not fully cooperating with U.S. law enforcement in
implementing their responsibilities under international drug
control treaties, there would be consequences for their
eligibility for U.S. aid, similar to those faced by the major
drug trafficking nations under current law.
The conference report adds a provision clarifying the
original intent of this amendment, to apply the ``fully
cooperates'' standard (and not the lesser standard under
another, separate provision of law). The provision also
includes an authorization of one million dollars for
implementation.
The House recently passed an amendment to the State
Department's appropriations bill for FY '06, adding $5
million for the State Department to implement anti-
methamphetamine measures; this $1 million could be derived
from that amount.
Section 723. Prevention of smuggling of methamphetamine into
the united states from mexico
This section of the conference report is new and requires
the State Department's Bureau for International Narcotics and
Law Enforcement Affairs (INL) to provide assistance to Mexico
to prevent the production of methamphetamine in that country,
and to encourage Mexico to stop the illegal diversion of
methamphetamine precursor chemicals. The conference report
authorizes the use of $4 million of the $5 million recently
approved by the House for these purposes. (The remaining
funds would be available to help the State Department
implement Sec. 722, as described above.)
Subtitle C--Enhanced Criminal Penalties for Methamphetamine Production
and Tracking
Section 731. Smuggling methamphetamine or methamphetamine
precursor chemicals into the United States while using
facilitated entry programs
This section of the conference report is new. Even as more
methamphetamine is being smuggled across the border,
increased legitimate international traffic has forced the
bureau of Customs and Border Protection (CBP) to rely on
facilitated entry programs--so-called ``fastpass'' systems
like SENTRI (for passenger traffic on the Southwest border),
FAST (for commercial truck traffic), and NEXUS (for passenger
traffic on the Northern border). These systems allow pre-
screened individuals to use dedicated lanes at border
crossings, subject only to occasional searches to test
compliance with customs and immigration laws. This section of
the conference report creates an added deterrent for anyone
who misuses a facilitated entry program to smuggle
methamphetamine or its precursor chemicals. An additional
penalty of up to 15 years. imprisonment is added to the
punishment for the base offense. If convicted, an individual
would also be permanently barred from using a fastpass
system.
[[Page H11310]]
Section 732. Manufacturing controlled substances on federal
property
This section of the conference report is new. This section
clarifies that current penalties for cultivating illegal
drugs on Federal property also apply to manufacturing
synthetic drugs {such as methamphetamine). Methamphetamine
``cooks'' frequently move their operations to parks, national
forests, and other public lands, causing serious
environmental damage. This criminal penalty can help deter
such destructive conduct.
Section 733. Increased punishment for methamphetamine
kingpins
This provision of the conference report is new, and allows
for easier application of the enhanced penalties of the
``continuing criminal enterprise'' section of the Controlled
Substances Act (21 U.S.C. Sec. 848). That section (commonly
referred to as the ``kingpin'' statute) imposes life
imprisonment on a leader of a drug trafficking organization
convicted of trafficking in very large quantities of a drug,
and receiving very large profits from that activity. This new
provision reduces the threshold amount of methamphetamine
(from 300 to 200 times the threshold for base violations) and
profits from methamphetamine (from $10 million to $5
million), while still applying the life imprisonment penalty
only to. true ``kingpins''--the ringleaders of
methamphetamine trafficking organizations.
Section 734. New child-protection criminal enhancement
This provision of the conference report, which is new,
punishes an offender who manufactures methamphetamine at a
location where a child resides or is present, and imposes a
consecutive. sentence of up to an additional 20 years
imprisonment.
Section 735. Amendments to certain sentencing court reporting
requirements
This provision of the conference report is new and
authorizes the United States Sentencing Commission to
establish a form to be used by United States District Judges
when imposing criminal sentences in order to facilitate data
gathering and reporting by the Sentencing Commission.
Section 736. Semiannual reports to congress
This provision, which is new to the conference report,
requires the Attorney General to report to Congress on
investigations and prosecutions relating to methamphetamine
production.
Subtitle D--Enhanced Environmental Regulation of Methamphetamine
Byproducts
Section 741. Biennial report to congress on agency
designations of by-products on methamphetamine
laboratories as hazardous materials
This provision of the conference report is new, and
requires the Department of Transportation to report to
Congress every two years whether then-existing statutes and
regulations cover methamphetamine by-products as hazardous
materials.
Section 742. Methamphetamine production report
This provision of the conference report is new, and
requires the Environmental Protection Agency (EPA) to report
to Congress every two years on whether then-existing statutes
and regulations cover methamphetamine by-products as
hazardous materials.
Section 743. cleanup costs
This provision of the conference report is new, and
clarifies existing law imposing the obligation of restitution
for environmental cleanup costs on persons involved in meth
production and trafficking. The recent decision of the Eighth
Circuit Court of Appeals in United States v. Lachowski (405
F3d 696, 8th Cir. 2005) has undermined the ability of the
Federal government to seek cleanup costs. from
methamphetamine traffickers who are convicted only of
methamphetamine possession--even when the methamphetamine lab
in question was on the defendant's own property. This
provision would ensure that any person convicted of a
methamphetamine-related offense can be held liable for
clean-up costs for methamphetamine production that took
place on the defendant's own property, or in his or her
place of business or residence.
Subtitle E--Additional Programs and Activities
Section 751. Improvements to Department of Justice Drug
Courts program
This section of the conference report is new, and revises
the Drug Court program statute to clarify the requirement for
periodic testing, graduated sanctions when an offender tests
positive, and a list of potential sanctions when a positive
test occurs.
Section 752. Drug Courts funding
This provision of the conference report is new and
authorizes appropriations for drug courts.
Section 753. Feasibility study on Federal Drug Courts
This provision of the conference report, which is new,
directs the Attorney General to conduct a study on the
feasibility of Federal drug courts.
Section 754. Grants to hot spot areas to reduce availability
of methamphetamine
This section, which is new to the conference report,
authorizes $99 million for fiscal years 2006 to 2010 for
grants to State and local law enforcement agencies to assist
in the investigation of methamphetamine traffickers and to
reimburse the DEA for assistance in cleaning up
methamphetamine laboratories.
Section 755. Grants for programs for drug-endangered children
This section of the conference report, which is new,
authorizes grants to States to assist in treatment of
children who have been endangered by living at a residence
where methamphetamine has been manufactured or distributed.
Section 756. Authority to award competitive grants to address
methamphetamine use by pregnant and parenting women
offenders
Section 756 is a new provision and authorizes the Attorney
General to award grants to address the use of methamphetamine
among pregnant and parenting women offenders to promote
public safety, public health, family permanence and well
being.
From the Committee on the Judiciary, for consideration of the
House bill (except section 132) and the Senate amendment, and
modifications committed to conference:
F. James Sensenbrenner, Jr.,
Howard Coble,
Lamar Smith,
Elton Gallegly,
Steve Chabot,
William L. Jenkins,
Daniel Lungren,
From the Permanent Select Committee on Intelligence, for
consideration of secs. 102, 103, 106, 107, 109, and 132 of
the House bill, and secs. 2, 3, 6, 7, 9, and 10 of the Senate
amendment, and modifications committed to conference:
Pete Hoekstra,
Heather Wilson,
From the Committee on Energy and Commerce, for consideration
of secs. 124 and 231 of the House bill, and modifications
committed to conference:
Charlie Norwood,
John Shadegg,
From the Committee on Financial Services, for consideration
of sec. 117 of the House bill, and modifications committed to
conference:
Michael G. Oxley,
Spencer Bachus,
From the Committee on Homeland Security, for consideration of
secs. 127-129 of the House bill, and modifications committed
to conference:
Peter T. King,
Curt Weldon,
Managers on the Part of the House.
Arlen Specter,
Orrin Hatch,
Jon Kyl,
Mike DeWine,
Jeff Sessions,
Pat Roberts,
Managers on the Part of the Senate.
____________________