# Public Law 109-177

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An Act To extend and modify authorities needed to combat terrorism, and for other purposes.
    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

### Section 1. Short Title; Table of Contents.

    (a) Short Title.—
       This Act may be cited as the 'USA PATRIOT Improvement and Reauthorization Act of 2005'.
    (b) Table of Contents.—
       The table of contents for this Act is as follows:
          Sec. 1. Short title; table of contents.
    TITLE I—USA PATRIOT IMPROVEMENT AND REAUTHORIZATION ACT
          Sec. 101. References to, and modification of short title for, USA PATRIOT Act.
          Sec. 102. USA PATRIOT Act sunset provisions.
          Sec. 103. Extension of sunset relating to individual terrorists as agents of foreign powers.
          Sec. 104. Section 2332b and the material support sections of title 18, United States Code.
          Sec. 105. Duration of FISA surveillance of non-United States persons under section 207 of the USA PATRIOT Act.
          Sec. 106. Access to certain business records under section 215 of the USA PATRIOT Act.
          Sec. 106A. Audit on access to certain business records for foreign intelligence purposes.
          Sec. 107. Enhanced oversight of good-faith emergency disclosures under section 212 of the USA PATRIOT Act.
          Sec. 108. Multipoint electronic surveillance under section 206 of the USA PATRIOT Act.
          Sec. 109. Enhanced congressional oversight.
          Sec. 110. Attacks against railroad carriers and mass transportation systems.
          Sec. 111. Forfeiture.
          Sec. 112. Section 2332b(g)(5)(B) amendments relating to the definition of Federal crime of terrorism.
          Sec. 113. Amendments to section 2516(1) of title 18, United States Code.
          Sec. 114. Delayed notice search warrants.
          Sec. 115. Judicial review of national security letters.
          Sec. 116. Confidentiality of national security letters.
          Sec. 117. Violations of nondisclosure provisions of national security letters.
          Sec. 118. Reports on national security letters.
          Sec. 119. Audit of use of national security letters.
          Sec. 120. Definition for forfeiture provisions under section 806 of the USA PATRIOT Act.
          Sec. 121. Penal provisions regarding trafficking in contraband cigarettes or smokeless tobacco.
          Sec. 122. Prohibition of narco-terrorism.
          Sec. 123. Interfering with the operation of an aircraft.
          Sec. 124. Sense of Congress relating to lawful political activity.
          Sec. 125. Removal of civil liability barriers that discourage the donation of fire equipment to volunteer fire companies.
          Sec. 126. Report on data-mining activities.
          Sec. 127. Sense of Congress.
          Sec. 128. USA PATRIOT Act section 214; authority for disclosure of additional information in connection with orders for pen register and trap and trace authority under FISA.
    TITLE II—TERRORIST DEATH PENALTY ENHANCEMENT
          Sec. 201. Short title.
       Subtitle A—Terrorist penalties enhancement Act
          Sec. 211. Death penalty procedures for certain air piracy cases occurring before enactment of the Federal Death Penalty Act of 1994.
          Sec. 212. Postrelease supervision of terrorists.
       Subtitle B—Federal Death Penalty Procedures
          Sec. 221. Elimination of procedures applicable only to certain Controlled Substances Act cases.
          Sec. 222. Counsel for financially unable defendants.
    TITLE III—REDUCING CRIME AND TERRORISM AT AMERICA'S SEAPORTS
          Sec. 301. Short title.
          Sec. 302. Entry by false pretenses to any seaport.
          Sec. 303. Criminal sanctions for failure to heave to, obstruction of boarding, or providing false information.
          Sec. 304. Criminal sanctions for violence against maritime navigation, placement of destructive devices.
          Sec. 305. Transportation of dangerous materials and terrorists.
          Sec. 306. Destruction of, or interference with, vessels or maritime facilities.
          Sec. 307. Theft of interstate or foreign shipments or vessels.
          Sec. 308. Stowaways on vessels or aircraft.
          Sec. 309. Bribery affecting port security.
          Sec. 310. Penalties for smuggling goods into the United States.
          Sec. 311. Smuggling goods from the United States.
    TITLE IV—COMBATING TERRORISM FINANCING
          Sec. 401. Short title.
          Sec. 402. Increased penalties for terrorism financing.
          Sec. 403. Terrorism-related specified activities for money laundering.
          Sec. 404. Assets of persons committing terrorist acts against foreign countries or international organizations.
          Sec. 405. Money laundering through hawalas.
          Sec. 406. Technical and conforming amendments relating to the USA PATRIOT Act.
          Sec. 407. Cross reference correction.
          Sec. 408. Amendment to amendatory language.
          Sec. 409. Designation of additional money laundering predicate.
          Sec. 410. Uniform procedures for criminal forfeiture.
    TITLE V—MISCELLANEOUS PROVISIONS
          Sec. 501. Residence of United States attorneys and assistant United States attorneys.
          Sec. 502. Interim appointment of United States Attorneys.
          Sec. 503. Secretary of Homeland Security in Presidential line of succession.
          Sec. 504. Bureau of Alcohol, Tobacco and Firearms to the Department of Justice.
          Sec. 505. Qualifications of United States Marshals.
          Sec. 506. Department of Justice intelligence matters.
          Sec. 507. Review by Attorney General.
    TITLE VI—SECRET SERVICE
          Sec. 601. Short title.
          Sec. 602. Interference with national special security events.
          Sec. 603. False credentials to national special security events.
          Sec. 604. Forensic and investigative support of missing and exploited children cases.
          Sec. 605. The Uniformed Division, United States Secret Service.
          Sec. 606. Savings provisions.
          Sec. 607. Maintenance as distinct entity.
          Sec. 608. Exemptions from the Federal Advisory Committee Act.
    TITLE VII—COMBAT METHANPHETAMINE 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.
       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.
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