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[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3199 Enrolled Bill (ENR)]

        H.R.3199

                       One Hundred Ninth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
             the third day of January, two thousand and six

                                 An Act

 
  To extend and modify authorities needed to combat terrorism, and for 
                             other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``USA PATRIOT 
Improvement and Reauthorization Act of 2005''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:
Sec. 1. Short title; table of contents.

        TITLE I--USA PATRIOT IMPROVEMENT AND REAUTHORIZATION ACT

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

              TITLE II--TERRORIST DEATH PENALTY ENHANCEMENT

Sec. 201. Short title.

             Subtitle A--Terrorist penalties enhancement Act

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

              Subtitle B--Federal Death Penalty Procedures

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

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

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

                 TITLE IV--COMBATING TERRORISM FINANCING

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

                    TITLE V--MISCELLANEOUS PROVISIONS

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

                        TITLE VI--SECRET SERVICE

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

         TITLE VII--COMBAT METHAMPHETAMINE EPIDEMIC ACT OF 2005

Sec. 701. Short title.

         Subtitle A--Domestic regulation of precursor chemicals

Sec. 711. Scheduled listed chemical products; restrictions on sales 
          quantity, behind-the-counter access, and other safeguards.
Sec. 712. Regulated transactions.
Sec. 713. Authority to establish production quotas.
Sec. 714. Penalties; authority for manufacturing; quota.
Sec. 715. Restrictions on importation; authority to permit imports for 
          medical, scientific, or other legitimate purposes.
Sec. 716. Notice of importation or exportation; approval of sale or 
          transfer by importer or exporter.
Sec. 717. Enforcement of restrictions on importation and of requirement 
          of notice of transfer.
Sec. 718. Coordination with United States Trade Representative.

       Subtitle B--International regulation of precursor chemicals

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

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

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

    Subtitle D--Enhanced environmental regulation of methamphetamine 
                               byproducts

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

             Subtitle E--Additional programs and activities

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

        TITLE I--USA PATRIOT IMPROVEMENT AND REAUTHORIZATION ACT

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

    (a) References to USA PATRIOT Act.--A reference in this Act to the 
USA PATRIOT Act shall be deemed a reference to the Uniting and 
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
        (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 
subparagraph (A), (B), or (C) of paragraph (1) that the Federal Bureau 
of Investigation has sought or obtained tangible things pursuant to an 
order under this section shall notify such person of the nondisclosure 
requirements of this subsection.
    ``(C) At the request of the Director of the Federal Bureau of 
Investigation or the designee of the Director, any person making or 
intending to make a disclosure under this section shall identify to the 
Director or such designee the person to whom such disclosure will be 
made or to whom such disclosure was made prior to the request, but in 
no circumstance shall a person be required to inform the Director or 
such designee that the person intends to consult an attorney to obtain 
legal advice or legal assistance.''.
    (f) Judicial Review.--
        (1) Petition review pool.--Section 103 of the Foreign 
    Intelligence Surveillance Act of 1978 (50 U.S.C. 1803) is amended 
    by adding at the end the following new subsection:
    ``(e)(1) Three judges designated under subsection (a) who reside 
within 20 miles of the District of Columbia, or, if all of such judges 
are unavailable, other judges of the court established under subsection 
(a) as may be designated by the presiding judge of such court, shall 
comprise a petition review pool which shall have jurisdiction to review 
petitions filed pursuant to section 501(f)(1).
    ``(2) Not later than 60 days after the date of the enactment of the 
USA PATRIOT Improvement and Reauthorization Act of 2005, the court 
established under subsection (a) shall adopt and, consistent with the 
protection of national security, publish procedures for the review of 
petitions filed pursuant to section 501(f)(1) by the panel established 
under paragraph (1). Such procedures shall provide that review of a 
petition shall be conducted in camera and shall also provide for the 
designation of an acting presiding judge.''.
        (2) Proceedings.--Section 501 of the Foreign Intelligence 
    Surveillance Act of 1978 (50 U.S.C. 1861) is further amended by 
    adding at the end the following new subsection:
    ``(f)(1) A person receiving an order to produce any tangible thing 
under this section may challenge the legality of that order by filing a 
petition with the pool established by section 103(e)(1). The presiding 
judge shall immediately assign the petition to one of the judges 
serving in such pool. Not later than 72 hours after the assignment of 
such petition, the assigned judge shall conduct an initial review of 
the petition. If the assigned judge determines that the petition is 
frivolous, the assigned judge shall immediately deny the petition and 
affirm the order. If the assigned judge determines the petition is not 
frivolous, the assigned judge shall promptly consider the petition in 
accordance with the procedures established pursuant to section 
103(e)(2). The judge considering the petition may modify or set aside 
the order only if the judge finds that the order does not meet the 
requirements of this section or is otherwise unlawful. If the judge 
does not modify or set aside the order, the judge shall immediately 
affirm the order and order the recipient to comply therewith. The 
assigned judge shall promptly provide a written statement for the 
record of the reasons for any determination under this paragraph.
    ``(2) A petition for review of a decision to affirm, modify, or set 
aside an order by the United States or any person receiving such order 
shall be to the court of review established under section 103(b), which 
shall have jurisdiction to consider such petitions. The court of review 
shall provide for the record a written statement of the reasons for its 
decision and, on petition of the United States or any person receiving 
such order for writ of certiorari, the record shall be transmitted 
under seal to the Supreme Court, which shall have jurisdiction to 
review such decision.
    ``(3) Judicial proceedings under this subsection shall be concluded 
as expeditiously as possible. The record of proceedings, including 
petitions filed, orders granted, and statements of reasons for 
decision, shall be maintained under security measures established by 
the Chief Justice of the United States in consultation with the 
Attorney General and the Director of National Intelligence.
    ``(4) All petitions under this subsection shall be filed under 
seal. In any proceedings under this subsection, the court shall, upon 
request of the government, review ex parte and in camera any government 
submission, or portions thereof, which may include classified 
information.''.
    (g) Minimization Procedures and Use of Information.--Section 501 of 
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861) is 
further amended by adding at the end the following new subsections:
    ``(g) Minimization Procedures.--
        ``(1) In general.--Not later than 180 days after the date of 
    the enactment of the USA PATRIOT Improvement and Reauthorization 
    Act of 2005, the Attorney General shall adopt specific minimization 
    procedures governing the retention and dissemination by the Federal 
    Bureau of Investigation of any tangible things, or information 
    therein, received by the Federal Bureau of Investigation in 
    response to an order under this title.
        ``(2) Defined.--In this section, the term `minimization 
    procedures' means--
            ``(A) specific procedures that are reasonably designed in 
        light of the purpose and technique of an order for the 
        production of tangible things, to minimize the retention, and 
        prohibit the dissemination, of nonpublicly available 
        information concerning unconsenting United States persons 
        consistent with the need of the United States to obtain, 
        produce, and disseminate foreign intelligence information;
            ``(B) procedures that require that nonpublicly available 
        information, which is not foreign intelligence information, as 
        defined in section 101(e)(1), shall not be disseminated in a 
        manner that identifies any United States person, without such 
        person's consent, unless such person's identity is necessary to 
        understand foreign intelligence information or assess its 
        importance; and
            ``(C) notwithstanding subparagraphs (A) and (B), procedures 
        that allow for the retention and dissemination of information 
        that is evidence of a crime which has been, is being, or is 
        about to be committed and that is to be retained or 
        disseminated for law enforcement purposes.
    ``(h) Use of Information.--Information acquired from tangible 
things received by the Federal Bureau of Investigation in response to 
an order under this title concerning any United States person may be 
used and disclosed by Federal officers and employees without the 
consent of the United States person only in accordance with the 
minimization procedures adopted pursuant to subsection (g). No 
otherwise privileged information acquired from tangible things received 
by the Federal Bureau of Investigation in accordance with the 
provisions of this title shall lose its privileged character. No 
information acquired from tangible things received by the Federal 
Bureau of Investigation in response to an order under this title may be 
used or disclosed by Federal officers or employees except for lawful 
purposes.''.
    (h) Enhanced Oversight.--Section 502 of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1862) is amended--
        (1) in subsection (a)--
            (A) by striking ``semiannual basis'' and inserting ``annual 
        basis''; and
            (B) by inserting ``and the Committee on the Judiciary'' 
        after ``and the Select Committee on Intelligence'';
        (2) in subsection (b)--
            (A) by striking ``On a semiannual basis'' and all that 
        follows through ``the preceding 6-month period'' and inserting 
        ``In April of each year, the Attorney General shall submit to 
        the House and Senate Committees on the Judiciary and the House 
        Permanent Select Committee on Intelligence and the Senate 
        Select Committee on Intelligence a report setting forth with 
        respect to the preceding calendar year'';
            (B) in paragraph (1), by striking ``and'' at the end;
            (C) in paragraph (2), by striking the period at the end and 
        inserting ``; and''; and
            (D) by adding at the end the following new paragraph:
        ``(3) the number of such orders either granted, modified, or 
    denied for the production of each of the following:
            ``(A) Library circulation records, library patron lists, 
        book sales records, or book customer lists.
            ``(B) Firearms sales records.
            ``(C) Tax return records.
            ``(D) Educational records.
            ``(E) Medical records containing information that would 
        identify a person.''; and
        (3) by adding at the end the following new subsection:
    ``(c)(1) In April of each year, the Attorney General shall submit 
to Congress a report setting forth with respect to the preceding year--
        ``(A) the total number of applications made for orders 
    approving requests for the production of tangible things under 
    section 501; and
        ``(B) the total number of such orders either granted, modified, 
    or denied.
    ``(2) Each report under this subsection shall be submitted in 
unclassified form.''.

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

    (a) Audit.--The Inspector General of the Department of Justice 
shall perform a comprehensive audit of the effectiveness and use, 
including any improper or illegal use, of the investigative authority 
provided to the Federal Bureau of Investigation under title V of the 
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861 et seq.).
    (b) Requirements.--The audit required under subsection (a) shall 
include--
        (1) an examination of each instance in which the Attorney 
    General, any other officer, employee, or agent of the Department of 
    Justice, the Director of the Federal Bureau of Investigation, or a 
    designee of the Director, submitted an application to the Foreign 
    Intelligence Surveillance Court (as such term is defined in section 
    301(3) of the Foreign Intelligence Surveillance Act of 1978 (50 
    U.S.C. 1821(3))) for an order under section 501 of such Act during 
    the calendar years of 2002 through 2006, including--
            (A) whether the Federal Bureau of Investigation requested 
        that the Department of Justice submit an application and the 
        request was not submitted to the court (including an 
        examination of the basis for not submitting the application);
            (B) whether the court granted, modified, or denied the 
        application (including an examination of the basis for any 
        modification or denial);
        (2) the justification for the failure of the Attorney General 
    to issue implementing procedures governing requests for the 
    production of tangible things under such section in a timely 
    fashion, including whether such delay harmed national security;
        (3) whether bureaucratic or procedural impediments to the use 
    of such requests for production prevent the Federal Bureau of 
    Investigation from taking full advantage of the authorities 
    provided under section 501 of such Act;
        (4) any noteworthy facts or circumstances relating to orders 
    under such section, including any improper or illegal use of the 
    authority provided under such section; and
        (5) an examination of the effectiveness of such section as an 
    investigative tool, including--
            (A) the categories of records obtained and the importance 
        of the information acquired to the intelligence activities of 
        the Federal Bureau of Investigation or any other Department or 
        agency of the Federal Government;
            (B) the manner in which such information is collected, 
        retained, analyzed, and disseminated by the Federal Bureau of 
        Investigation, including any direct access to such information 
        (such as access to ``raw data'') provided to any other 
        Department, agency, or instrumentality of Federal, State, 
        local, or tribal governments or any private sector entity;
            (C) with respect to calendar year 2006, an examination of 
        the minimization procedures adopted by the Attorney General 
        under section 501(g) of such Act and whether such minimization 
        procedures protect the constitutional rights of United States 
        persons;
            (D) whether, and how often, the Federal Bureau of 
        Investigation utilized information acquired pursuant to an 
        order under section 501 of such Act to produce an analytical 
        intelligence product for distribution within the Federal Bureau 
        of Investigation, to the intelligence community (as such term 
        is defined in section 3(4) of the National Security Act of 1947 
        (50 U.S.C. 401a(4))), or to other Federal, State, local, or 
        tribal government Departments, agencies, or instrumentalities; 
        and
            (E) whether, and how often, the Federal Bureau of 
        Investigation provided such information to law enforcement 
        authorities for use in criminal proceedings.
    (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 subsection (c)(1) or (c)(2), the Inspector General of 
    the Department of Justice shall provide such report to the Attorney 
    General and the Director of National Intelligence.
        (2) Comments.--The Attorney General or the Director of National 
    Intelligence may provide comments to be included in the reports 
    submitted under subsections (c)(1) and (c)(2) as the Attorney 
    General or the Director of National Intelligence may consider 
    necessary.
    (e) Unclassified Form.--The reports submitted under subsections 
(c)(1) and (c)(2) and any comments included under subsection (d)(2) 
shall be in unclassified form, but may include a classified annex.

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

    (a) Enhanced Oversight.--Section 2702 of title 18, United States 
Code, is amended by adding at the end the following:
    ``(d) Reporting of Emergency Disclosures.--On an annual basis, the 
Attorney General shall submit to the Committee on the Judiciary of the 
House of Representatives and the Committee on the Judiciary of the 
Senate a report containing--
        ``(1) the number of accounts from which the Department of 
    Justice has received voluntary disclosures under subsection (b)(8); 
    and
        ``(2) a summary of the basis for disclosure in those instances 
    where--
            ``(A) voluntary disclosures under subsection (b)(8) were 
        made to the Department of Justice; and
            ``(B) the investigation pertaining to those disclosures was 
        closed without the filing of criminal charges.''.
    (b) Technical Amendments to Conform Communications and Customer 
Records Exceptions.--
        (1) Voluntary disclosures.--Section 2702 of title 18, United 
    States Code, is amended--
            (A) in subsection (b)(8), by striking ``Federal, State, or 
        local''; and
            (B) by striking paragraph (4) of subsection (c) and 
        inserting the following:
        ``(4) to a governmental entity, if the provider, in good faith, 
    believes that an emergency involving danger of death or serious 
    physical injury to any person requires disclosure without delay of 
    information relating to the emergency;''.
        (2) Definitions.--Section 2711 of title 18, United States Code, 
    is amended--
            (A) in paragraph (2), by striking ``and'' at the end;
            (B) in paragraph (3), by striking the period at the end and 
        inserting ``; and''; and
            (C) by adding at the end the following:
        ``(4) the term `governmental entity' means a department or 
    agency of the United States or any State or political subdivision 
    thereof.''.
    (c) Additional Exception.--Section 2702(a) of title 18, United 
States Code, is amended by inserting ``or (c)'' after ``Except as 
provided in subsection (b)''.

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

    (a) Inclusion of Specific Facts in Application.--
        (1) Application.--Section 104(a)(3) of the Foreign Intelligence 
    Surveillance Act of 1978 (50 U.S.C. 1804(a)(3)) is amended by 
    inserting ``specific'' after ``description of the''.
        (2) Order.--Subsection (c) of section 105 of the Foreign 
    Intelligence Surveillance Act of 1978 (50 U.S.C. 1805(c)) is 
    amended--
            (A) in paragraph (1)(A) by striking ``target of the 
        electronic surveillance'' and inserting ``specific target of 
        the electronic surveillance identified or described in the 
        application pursuant to section 104(a)(3)''; and
            (B) in paragraph (2)(B), by striking ``where the Court 
        finds'' and inserting ``where the Court finds, based upon 
        specific facts provided in the application,''.
    (b) Additional Directions.--Such subsection is further amended--
        (1) by striking ``An order approving'' and all that follows 
    through ``specify'' and inserting ``(1) specifications.--An order 
    approving an electronic surveillance under this section shall 
    specify'';
        (2) in paragraph (1)(F), by striking ``; and'' and inserting a 
    period;
        (3) in paragraph (2), by striking ``direct'' and inserting 
    ``Directions.--An order approving an electronic surveillance under 
    this section shall direct''; and
        (4) by adding at the end the following new paragraph:
        ``(3) Special directions for certain orders.--An order 
    approving an electronic surveillance under this section in 
    circumstances where the nature and location of each of the 
    facilities or places at which the surveillance will be directed is 
    unknown shall direct the applicant to provide notice to the court 
    within ten days after the date on which surveillance begins to be 
    directed at any new facility or place, unless the court finds good 
    cause to justify a longer period of up to 60 days, of--
            ``(A) the nature and location of each new facility or place 
        at which the electronic surveillance is directed;
            ``(B) the facts and circumstances relied upon by the 
        applicant to justify the applicant's belief that each new 
        facility or place at which the electronic surveillance is 
        directed is or was being used, or is about to be used, by the 
        target of the surveillance;
            ``(C) a statement of any proposed minimization procedures 
        that differ from those contained in the original application or 
        order, that may be necessitated by a change in the facility or 
        place at which the electronic surveillance is directed; and
            ``(D) the total number of electronic surveillances that 
        have been or are being conducted under the authority of the 
        order.''.
    (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 paragraphs (1) through (6);
        ``(9) conveys false information, knowing the information to be 
    false, concerning an attempt or alleged attempt to engage in a 
    violation of this subsection; or
        ``(10) attempts, threatens, or conspires to engage in any 
    violation of any of paragraphs (1) through (9),
 shall be fined under this title or imprisoned not more than 20 years, 
or both, and if the offense results in the death of any person, shall 
be imprisoned for any term of years or for life, or subject to death, 
except in the case of a violation of paragraph (8), (9), or (10).
    ``(b) Aggravated Offense.--Whoever commits an offense under 
subsection (a) of this section in a circumstance in which--
        ``(1) the railroad on-track equipment or mass transportation 
    vehicle was carrying a passenger or employee at the time of the 
    offense;
        ``(2) the railroad on-track equipment or mass transportation 
    vehicle was carrying high-level radioactive waste or spent nuclear 
    fuel at the time of the offense; or
        ``(3) the offense was committed with the intent to endanger the 
    safety of any person, or with a reckless disregard for the safety 
    of any person, and the railroad on-track equipment or mass 
    transportation vehicle was carrying a hazardous material at the 
    time of the offense that--
            ``(A) was required to be placarded under subpart F of part 
        172 of title 49, Code of Federal Regulations; and
            ``(B) is identified as class number 3, 4, 5, 6.1, or 8 and 
        packing group I or packing group II, or class number 1, 2, or 7 
        under the hazardous materials table of section 172.101 of title 
        49, Code of Federal Regulations,
shall be fined under this title or imprisoned for any term of years or 
life, or both, and if the offense resulted in the death of any person, 
the person may be sentenced to death.
    ``(c) Circumstances Required for Offense.--A circumstance referred 
to in subsection (a) is any of the following:
        ``(1) Any of the conduct required for the offense is, or, in 
    the case of an attempt, threat, or conspiracy to engage in conduct, 
    the conduct required for the completed offense would be, engaged 
    in, on, against, or affecting a mass transportation provider, or a 
    railroad carrier engaged in interstate or foreign commerce.
        ``(2) Any person travels or communicates across a State line in 
    order to commit the offense, or transports materials across a State 
    line in aid of the commission of the offense.
    ``(d) Definitions.--In this section--
        ``(1) the term `biological agent' has the meaning given to that 
    term in section 178(1);
        ``(2) the term `dangerous weapon' means a weapon, device, 
    instrument, material, or substance, animate or inanimate, that is 
    used for, or is readily capable of, causing death or serious bodily 
    injury, including a pocket knife with a blade of less than 2\1/2\ 
    inches in length and a box cutter;
        ``(3) the term `destructive device' has the meaning given to 
    that term in section 921(a)(4);
        ``(4) the term `destructive substance' means an explosive 
    substance, flammable material, infernal machine, or other chemical, 
    mechanical, or radioactive device or material, or matter of a 
    combustible, contaminative, corrosive, or explosive nature, except 
    that the term `radioactive device' does not include any radioactive 
    device or material used solely for medical, industrial, research, 
    or other peaceful purposes;
        ``(5) the term `hazardous material' has the meaning given to 
    that term in chapter 51 of title 49;
        ``(6) the term `high-level radioactive waste' has the meaning 
    given to that term in section 2(12) of the Nuclear Waste Policy Act 
    of 1982 (42 U.S.C. 10101(12));
        ``(7) the term `mass transportation' has the meaning given to 
    that term in section 5302(a)(7) of title 49, except that the term 
    includes school bus, charter, and sightseeing transportation and 
    passenger vessel as that term is defined in section 2101(22) of 
    title 46, United States Code;
        ``(8) the term `on-track equipment' means a carriage or other 
    contrivance that runs on rails or electromagnetic guideways;
        ``(9) the term `railroad on-track equipment' means a train, 
    locomotive, tender, motor unit, freight or passenger car, or other 
    on-track equipment used, operated, or employed by a railroad 
    carrier;
        ``(10) the term `railroad' has the meaning given to that term 
    in chapter 201 of title 49;
        ``(11) the term `railroad carrier' has the meaning given to 
    that term in chapter 201 of title 49;
        ``(12) the term `serious bodily injury' has the meaning given 
    to that term in section 1365;
        ``(13) the term `spent nuclear fuel' has the meaning given to 
    that term in section 2(23) of the Nuclear Waste Policy Act of 1982 
    (42 U.S.C. 10101(23));
        ``(14) the term `State' has the meaning given to that term in 
    section 2266;
        ``(15) the term `toxin' has the meaning given to that term in 
    section 178(2); and
        ``(16) the term `vehicle' means any carriage or other 
    contrivance used, or capable of being used, as a means of 
    transportation on land, on water, or through the air.''.
    (b) Conforming Amendments.--
        (1) The table of sections at the beginning of chapter 97 of 
    title 18, United States Code, is amended--
            (A) by striking ``RAILROADS'' in the chapter heading and 
        inserting ``RAILROAD CARRIERS AND MASS TRANSPORTATION SYSTEMS 
        ON LAND, ON WATER, OR THROUGH THE AIR'';
            (B) by striking the items relating to sections 1992 and 
        1993; and
            (C) by inserting after the item relating to section 1991 
        the following:

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

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

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

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

SEC. 111. FORFEITURE.

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

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

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

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

    (a) Paragraph (a) Amendment.--Section 2516(1)(a) of title 18, 
United States Code, is amended by inserting ``chapter 10 (relating to 
biological weapons)'' after ``under the following chapters of this 
title:''.
    (b) Paragraph (c) Amendment.--Section 2516(1)(c) of title 18, 
United States Code, is amended--
        (1) by inserting ``section 37 (relating to violence at 
    international airports), section 43 (relating to animal enterprise 
    terrorism),'' after ``the following sections of this title:'';
        (2) by inserting ``section 832 (relating to nuclear and weapons 
    of mass destruction threats), section 842 (relating to explosive 
    materials), section 930 (relating to possession of weapons in 
    Federal facilities),'' after ``section 751 (relating to escape),'';
        (3) by inserting ``section 1114 (relating to officers and 
    employees of the United States), section 1116 (relating to 
    protection of foreign officials),'' after ``section 1014 (relating 
    to loans and credit applications generally; renewals and 
    discounts),'';
        (4) by inserting ``section 1992 (relating to terrorist attacks 
    against mass transportation),'' after ``section 1344 (relating to 
    bank fraud),'';
        (5) by inserting ``section 2340A (relating to torture),'' after 
    ``section 2321 (relating to trafficking in certain motor vehicles 
    or motor vehicle parts),'';
        (6) by inserting ``section 81 (arson within special maritime 
    and territorial jurisdiction),'' before ``section 201 (bribery of 
    public officials and witnesses)''; and
        (7) by inserting ``section 956 (conspiracy to harm persons or 
    property overseas),'' after ``section 175c (relating to variola 
    virus)''.
    (c) Paragraph (g) Amendment.--Section 2516(1)(g) of title 18, 
United States Code, is amended by inserting before the semicolon ``, or 
section 5324 of title 31, United States Code (relating to structuring 
transactions to evade reporting requirement prohibited)''.
    (d) Paragraph (j) Amendment.--Section 2516(1)(j) of title 18, 
United States Code, is amended--
        (1) by striking ``or'' before ``section 46502 (relating to 
    aircraft piracy)'' and inserting a comma after ``section 60123(b) 
    (relating to the destruction of a natural gas pipeline''; and
        (2) by inserting ``, the second sentence of section 46504 
    (relating to assault on a flight crew with dangerous weapon), or 
    section 46505(b)(3) or (c) (relating to explosive or incendiary 
    devices, or endangerment of human life, by means of weapons on 
    aircraft)'' before ``of title 49''.
    (e) Paragraph (p) Amendment.--Section 2516(1)(p) of title 18, 
United States Code, is amended by inserting ``, section 1028A (relating 
to aggravated identity theft)'' after ``other documents''.
    (f) Paragraph (q) Amendment.--Section 2516(1)(q) of title 18, 
United States Code, is amended--
        (1) by inserting ``2339'' after ``2232h'';
        (2) by striking ``or'' before ``2339C''; and
        (3) by inserting ``, or 2339D'' after ``2339C''.
    (g) Amendment of Predicate Crimes for Authorization for 
Interception of Wire, Oral, and Electronic Communications.--Section 
2516(1) of title 18, United State Code, is amended--
        (1) in subparagraph (q), by striking ``or'' after the 
    semicolon;
        (2) by redesignating subparagraph (r) as subparagraph (s); and
        (3) by adding after subparagraph (q) the following:
        ``(r) any criminal violation of section 1 (relating to illegal 
    restraints of trade or commerce), 2 (relating to illegal 
    monopolizing of trade or commerce), or 3 (relating to illegal 
    restraints of trade or commerce in territories or the District of 
    Columbia) of the Sherman Act (15 U.S.C. 1, 2, 3); or''.

SEC. 114. DELAYED NOTICE SEARCH WARRANTS.

    (a) Limitation on Reasonable Period for Delay.--Section 3103a of 
title 18, United States Code, is amended--
        (1) by striking subsection (b)(3) and inserting the following:
        ``(3) the warrant provides for the giving of such notice within 
    a reasonable period not to exceed 30 days after the date of its 
    execution, or on a later date certain if the facts of the case 
    justify a longer period of delay.''.
        (2) by adding at the end the following:
    ``(c) Extensions of Delay.--Any period of delay authorized by this 
section may be extended by the court for good cause shown, subject to 
the condition that extensions should only be granted upon an updated 
showing of the need for further delay and that each additional delay 
should be limited to periods of 90 days or less, unless the facts of 
the case justify a longer period of delay.''.
    (b) Limitation on Authority to Delay Notice.--Section 3103a(b)(1) 
of title 18, United States Code, is amended by inserting ``, except if 
the adverse results consist only of unduly delaying a trial'' after 
``2705''.
    (c) Enhanced Oversight.--Section 3103a of title 18, United States 
Code, is further amended by adding at the end the following:
    ``(d) Reports.--
        ``(1) Report by judge.--Not later than 30 days after the 
    expiration of a warrant authorizing delayed notice (including any 
    extension thereof) entered under this section, or the denial of 
    such warrant (or request for extension), the issuing or denying 
    judge shall report to the Administrative Office of the United 
    States Courts--
            ``(A) the fact that a warrant was applied for;
            ``(B) the fact that the warrant or any extension thereof 
        was granted as applied for, was modified, or was denied;
            ``(C) the period of delay in the giving of notice 
        authorized by the warrant, and the number and duration of any 
        extensions; and
            ``(D) the offense specified in the warrant or application.
        ``(2) Report by administrative office of the united states 
    courts.--Beginning with the fiscal year ending September 30, 2007, 
    the Director of the Administrative Office of the United States 
    Courts shall transmit to Congress annually a full and complete 
    report summarizing the data required to be filed with the 
    Administrative Office by paragraph (1), including the number of 
    applications for warrants and extensions of warrants authorizing 
    delayed notice, and the number of such warrants and extensions 
    granted or denied during the preceding fiscal year.
        ``(3) Regulations.--The Director of the Administrative Office 
    of the United States Courts, in consultation with the Attorney 
    General, is authorized to issue binding regulations dealing with 
    the content and form of the reports required to be filed under 
    paragraph (1).''.

SEC. 115. JUDICIAL REVIEW OF NATIONAL SECURITY LETTERS.

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

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

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

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

    ``(a) The recipient of a request for records, a report, or other 
information under section 2709(b) of this title, section 626(a) or (b) 
or 627(a) of the Fair Credit Reporting Act, section 1114(a)(5)(A) of 
the Right to Financial Privacy Act, or section 802(a) of the National 
Security Act of 1947 may, in the United States district court for the 
district in which that person or entity does business or resides, 
petition for an order modifying or setting aside the request. The court 
may modify or set aside the request if compliance would be 
unreasonable, oppressive, or otherwise unlawful.
    ``(b)(1) The recipient of a request for records, a report, or other 
information under section 2709(b) of this title, section 626(a) or (b) 
or 627(a) of the Fair Credit Reporting Act, section 1114(a)(5)(A) of 
the Right to Financial Privacy Act, or section 802(a) of the National 
Security Act of 1947, may petition any court described in subsection 
(a) for an order modifying or setting aside a nondisclosure requirement 
imposed in connection with such a request.
    ``(2) If the petition is filed within one year of the request for 
records, a report, or other information under section 2709(b) of this 
title, section 626(a) or (b) or 627(a) of the Fair Credit Reporting 
Act, section 1114(a)(5)(A) of the Right to Financial Privacy Act, or 
section 802(a) of the National Security Act of 1947, the court may 
modify or set aside such a nondisclosure requirement if it finds that 
there is no reason to believe that disclosure may endanger the national 
security of the United States, interfere with a criminal, 
counterterrorism, or counterintelligence investigation, interfere with 
diplomatic relations, or endanger the life or physical safety of any 
person. If, at the time of the petition, the Attorney General, Deputy 
Attorney General, an Assistant Attorney General, or the Director of the 
Federal Bureau of Investigation, or in the case of a request by a 
department, agency, or instrumentality of the Federal Government other 
than the Department of Justice, the head or deputy head of such 
department, agency, or instrumentality, certifies that disclosure may 
endanger the national security of the United States or interfere with 
diplomatic relations, such certification shall be treated as conclusive 
unless the court finds that the certification was made in bad faith.
    ``(3) If the petition is filed one year or more after the request 
for records, a report, or other information under section 2709(b) of 
this title, section 626(a) or (b) or 627(a) of the Fair Credit 
Reporting Act, section 1114(a)(5)(A) of the Right to Financial Privacy 
Act, or section 802(a) of the National Security Act of 1947, the 
Attorney General, Deputy Attorney General, an Assistant Attorney 
General, or the Director of the Federal Bureau of Investigation, or his 
designee in a position not lower than Deputy Assistant Director at 
Bureau headquarters or a Special Agent in Charge in a Bureau field 
office designated by the Director, or in the case of a request by a 
department, agency, or instrumentality of the Federal Government other 
than the Federal Bureau of Investigation, the head or deputy head of 
such department, agency, or instrumentality, within ninety days of the 
filing of the petition, shall either terminate the nondisclosure 
requirement or re-certify that disclosure may result in a danger to the 
national security of the United States, interference with a criminal, 
counterterrorism, or counterintelligence investigation, interference 
with diplomatic relations, or danger to the life or physical safety of 
any person. In the event of re-certification, the court may modify or 
set aside such a nondisclosure requirement if it finds that there is no 
reason to believe that disclosure may endanger the national security of 
the United States, interfere with a criminal, counterterrorism, or 
counterintelligence investigation, interfere with diplomatic relations, 
or endanger the life or physical safety of any person. If the 
recertification that disclosure may endanger the national security of 
the United States or interfere with diplomatic relations is made by the 
Attorney General, Deputy Attorney General, an Assistant Attorney 
General, or the Director of the Federal Bureau of Investigation, such 
certification shall be treated as conclusive unless the court finds 
that the recertification was made in bad faith. If the court denies a 
petition for an order modifying or setting aside a nondisclosure 
requirement under this paragraph, the recipient shall be precluded for 
a period of one year from filing another petition to modify or set 
aside such nondisclosure requirement.
    ``(c) In the case of a failure to comply with a request for 
records, a report, or other information made to any person or entity 
under section 2709(b) of this title, section 626(a) or (b) or 627(a) of 
the Fair Credit Reporting Act, section 1114(a)(5)(A) of the Right to 
Financial Privacy Act, or section 802(a) of the National Security Act 
of 1947, the Attorney General may invoke the aid of any district court 
of the United States within the jurisdiction in which the investigation 
is carried on or the person or entity resides, carries on business, or 
may be found, to compel compliance with the request. The court may 
issue an order requiring the person or entity to comply with the 
request. Any failure to obey the order of the court may be punished by 
the court as contempt thereof. Any process under this section may be 
served in any judicial district in which the person or entity may be 
found.
    ``(d) In all proceedings under this section, subject to any right 
to an open hearing in a contempt proceeding, the court must close any 
hearing to the extent necessary to prevent an unauthorized disclosure 
of a request for records, a report, or other information made to any 
person or entity under section 2709(b) of this title, section 626(a) or 
(b) or 627(a) of the Fair Credit Reporting Act, section 1114(a)(5)(A) 
of the Right to Financial Privacy Act, or section 802(a) of the 
National Security Act of 1947. Petitions, filings, records, orders, and 
subpoenas must also be kept under seal to the extent and as long as 
necessary to prevent the unauthorized disclosure of a request for 
records, a report, or other information made to any person or entity 
under section 2709(b) of this title, section 626(a) or (b) or 627(a) of 
the Fair Credit Reporting Act, section 1114(a)(5)(A) of the Right to 
Financial Privacy Act, or section 802(a) of the National Security Act 
of 1947.
    ``(e) In all proceedings under this section, the court shall, upon 
request of the government, review ex parte and in camera any government 
submission or portions thereof, which may include classified 
information.''.

SEC. 116. CONFIDENTIALITY OF NATIONAL SECURITY LETTERS.

    (a) Section 2709(c) of title 18, United States Code, is amended to 
read:
    ``(c) Prohibition of Certain Disclosure.--
        ``(1) If the Director of the Federal Bureau of Investigation, 
    or his designee in a position not lower than Deputy Assistant 
    Director at Bureau headquarters or a Special Agent in Charge in a 
    Bureau field office designated by the Director, certifies that 
    otherwise there may result a danger to the national security of the 
    United States, interference with a criminal, counterterrorism, or 
    counterintelligence investigation, interference with diplomatic 
    relations, or danger to the life or physical safety of any person, 
    no wire or electronic communications service provider, or officer, 
    employee, or agent thereof, shall disclose to any person (other 
    than those to whom such disclosure is necessary to comply with the 
    request or an attorney to obtain legal advice or legal assistance 
    with respect to the request) that the Federal Bureau of 
    Investigation has sought or obtained access to information or 
    records under this section.
        ``(2) The request shall notify the person or entity to whom the 
    request is directed of the nondisclosure requirement under 
    paragraph (1).
        ``(3) Any recipient disclosing to those persons necessary to 
    comply with the request or to an attorney to obtain legal advice or 
    legal assistance with respect to the request shall inform such 
    person of any applicable nondisclosure requirement. Any person who 
    receives a disclosure under this subsection shall be subject to the 
    same prohibitions on disclosure under paragraph (1).
        ``(4) At the request of the Director of the Federal Bureau of 
    Investigation or the designee of the Director, any person making or 
    intending to make a disclosure under this section shall identify to 
    the Director or such designee the person to whom such disclosure 
    will be made or to whom such disclosure was made prior to the 
    request, but in no circumstance shall a person be required to 
    inform the Director or such designee that the person intends to 
    consult an attorney to obtain legal advice or legal assistance.''.
    (b) Section 626(d) of the Fair Credit Reporting Act (15 U.S.C. 
1681u(d)) is amended to read:
    ``(d) Confidentiality.--
        ``(1) If the Director of the Federal Bureau of Investigation, 
    or his designee in a position not lower than Deputy Assistant 
    Director at Bureau headquarters or a Special Agent in Charge in a 
    Bureau field office designated by the Director, certifies that 
    otherwise there may result a danger to the national security of the 
    United States, interference with a criminal, counterterrorism, or 
    counterintelligence investigation, interference with diplomatic 
    relations, or danger to the life or physical safety of any person, 
    no consumer reporting agency or officer, employee, or agent of a 
    consumer reporting agency shall disclose to any person (other than 
    those to whom such disclosure is necessary to comply with the 
    request or an attorney to obtain legal advice or legal assistance 
    with respect to the request) that the Federal Bureau of 
    Investigation has sought or obtained the identity of financial 
    institutions or a consumer report respecting any consumer under 
    subsection (a), (b), or (c), and no consumer reporting agency or 
    officer, employee, or agent of a consumer reporting agency shall 
    include in any consumer report any information that would indicate 
    that the Federal Bureau of Investigation has sought or obtained 
    such information on a consumer report.
        ``(2) The request shall notify the person or entity to whom the 
    request is directed of the nondisclosure requirement under 
    paragraph (1).
        ``(3) Any recipient disclosing to those persons necessary to 
    comply with the request or to an attorney to obtain legal advice or 
    legal assistance with respect to the request shall inform such 
    persons of any applicable nondisclosure requirement. Any person who 
    receives a disclosure under this subsection shall be subject to the 
    same prohibitions on disclosure under paragraph (1).
        ``(4) At the request of the Director of the Federal Bureau of 
    Investigation or the designee of the Director, any person making or 
    intending to make a disclosure under this section shall identify to 
    the Director or such designee the person to whom such disclosure 
    will be made or to whom such disclosure was made prior to the 
    request, but in no circumstance shall a person be required to 
    inform the Director or such designee that the person intends to 
    consult an attorney to obtain legal advice or legal assistance.''.
    (c) Section 627(c) of the Fair Credit Reporting Act (15 U.S.C. 
1681v(c)) is amended to read:
    ``(c) Confidentiality.--
        ``(1) If the head of a government agency authorized to conduct 
    investigations of intelligence or counterintelligence activities or 
    analysis related to international terrorism, or his designee, 
    certifies that otherwise there may result a danger to the national 
    security of the United States, interference with a criminal, 
    counterterrorism, or counterintelligence investigation, 
    interference with diplomatic relations, or danger to the life or 
    physical safety of any person, no consumer reporting agency or 
    officer, employee, or agent of such consumer reporting agency, 
    shall disclose to any person (other than those to whom such 
    disclosure is necessary to comply with the request or an attorney 
    to obtain legal advice or legal assistance with respect to the 
    request), or specify in any consumer report, that a government 
    agency has sought or obtained access to information under 
    subsection (a).
        ``(2) The request shall notify the person or entity to whom the 
    request is directed of the nondisclosure requirement under 
    paragraph (1).
        ``(3) Any recipient disclosing to those persons necessary to 
    comply with the request or to any attorney to obtain legal advice 
    or legal assistance with respect to the request shall inform such 
    persons of any applicable nondisclosure requirement. Any person who 
    receives a disclosure under this subsection shall be subject to the 
    same prohibitions on disclosure under paragraph (1).
        ``(4) At the request of the authorized Government agency, any 
    person making or intending to make a disclosure under this section 
    shall identify to the requesting official of the authorized 
    Government agency the person to whom such disclosure will be made 
    or to whom such disclosure was made prior to the request, but in no 
    circumstance shall a person be required to inform such requesting 
    official that the person intends to consult an attorney to obtain 
    legal advice or legal assistance.''.
    (d) Section 1114(a)(3) of the Right to Financial Privacy Act (12 
U.S.C. 3414(a)(3)) is amended to read as follows:
        ``(3)(A) If the Government authority described in paragraph (1) 
    or the Secret Service, as the case may be, certifies that otherwise 
    there may result a danger to the national security of the United 
    States, interference with a criminal, counterterrorism, or 
    counterintelligence investigation, interference with diplomatic 
    relations, or danger to the life or physical safety of any person, 
    no financial institution, or officer, employee, or agent of such 
    institution, shall disclose to any person (other than those to whom 
    such disclosure is necessary to comply with the request or an 
    attorney to obtain legal advice or legal assistance with respect to 
    the request) that the Government authority or the Secret Service 
    has sought or obtained access to a customer's financial records.
        ``(B) The request shall notify the person or entity to whom the 
    request is directed of the nondisclosure requirement under 
    subparagraph (A).
        ``(C) Any recipient disclosing to those persons necessary to 
    comply with the request or to an attorney to obtain legal advice or 
    legal assistance with respect to the request shall inform such 
    persons of any applicable nondisclosure requirement. Any person who 
    receives a disclosure under this subsection shall be subject to the 
    same prohibitions on disclosure under subparagraph (A).
        ``(D) At the request of the authorized Government agency or the 
    Secret Service, any person making or intending to make a disclosure 
    under this section shall identify to the requesting official of the 
    authorized Government agency or the Secret Service the person to 
    whom such disclosure will be made or to whom such disclosure was 
    made prior to the request, but in no circumstance shall a person be 
    required to inform such requesting official that the person intends 
    to consult an attorney to obtain legal advice or legal 
    assistance.''.
    (e) Section 1114(a)(5)(D) of the Right to Financial Privacy Act (12 
U.S.C. 3414(a)(5)(D)) is amended to read:
            ``(D) Prohibition of certain disclosure.--
                ``(i) If the Director of the Federal Bureau of 
            Investigation, or his designee in a position not lower than 
            Deputy Assistant Director at Bureau headquarters or a 
            Special Agent in Charge in a Bureau field office designated 
            by the Director, certifies that otherwise there may result 
            a danger to the national security of the United States, 
            interference with a criminal, counterterrorism, or 
            counterintelligence investigation, interference with 
            diplomatic relations, or danger to the life or physical 
            safety of any person, no financial institution, or officer, 
            employee, or agent of such institution, shall disclose to 
            any person (other than those to whom such disclosure is 
            necessary to comply with the request or an attorney to 
            obtain legal advice or legal assistance with respect to the 
            request) that the Federal Bureau of Investigation has 
            sought or obtained access to a customer's or entity's 
            financial records under subparagraph (A).
                ``(ii) The request shall notify the person or entity to 
            whom the request is directed of the nondisclosure 
            requirement under clause (i).
                ``(iii) Any recipient disclosing to those persons 
            necessary to comply with the request or to an attorney to 
            obtain legal advice or legal assistance with respect to the 
            request shall inform such persons of any applicable 
            nondisclosure requirement. Any person who receives a 
            disclosure under this subsection shall be subject to the 
            same prohibitions on disclosure under clause (i).
                ``(iv) At the request of the Director of the Federal 
            Bureau of Investigation or the designee of the Director, 
            any person making or intending to make a disclosure under 
            this section shall identify to the Director or such 
            designee the person to whom such disclosure will be made or 
            to whom such disclosure was made prior to the request, but 
            in no circumstance shall a person be required to inform the 
            Director or such designee that the person intends to 
            consult an attorney to obtain legal advice or legal 
            assistance.''.
    (f) Section 802(b) of the National Security Act of 1947 (50 U.S.C. 
436(b)) is amended to read as follows:
    ``(b) Prohibition of Certain Disclosure.--
        ``(1) If an authorized investigative agency described in 
    subsection (a) certifies that otherwise there may result a danger 
    to the national security of the United States, interference with a 
    criminal, counterterrorism, or counterintelligence investigation, 
    interference with diplomatic relations, or danger to the life or 
    physical safety of any person, no governmental or private entity, 
    or officer, employee, or agent of such entity, may disclose to any 
    person (other than those to whom such disclosure is necessary to 
    comply with the request or an attorney to obtain legal advice or 
    legal assistance with respect to the request) that such entity has 
    received or satisfied a request made by an authorized investigative 
    agency under this section.
        ``(2) The request shall notify the person or entity to whom the 
    request is directed of the nondisclosure requirement under 
    paragraph (1).
        ``(3) Any recipient disclosing to those persons necessary to 
    comply with the request or to an attorney to obtain legal advice or 
    legal assistance with respect to the request shall inform such 
    persons of any applicable nondisclosure requirement. Any person who 
    receives a disclosure under this subsection shall be subject to the 
    same prohibitions on disclosure under paragraph (1).
        ``(4) At the request of the authorized investigative agency, 
    any person making or intending to make a disclosure under this 
    section shall identify to the requesting official of the authorized 
    investigative agency the person to whom such disclosure will be 
    made or to whom such disclosure was made prior to the request, but 
    in no circumstance shall a person be required to inform such 
    official that the person intends to consult an attorney to obtain 
    legal advice or legal assistance.''.

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

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

SEC. 118. REPORTS ON NATIONAL SECURITY LETTERS.

    (a) Existing Reports.--Any report made to a committee of Congress 
regarding national security letters under section 2709(c)(1) of title 
18, United States Code, section 626(d) or 627(c) of the Fair Credit 
Reporting Act (15 U.S.C. 1681u(d) or 1681v(c)), section 1114(a)(3) or 
1114(a)(5)(D) of the Right to Financial Privacy Act (12 U.S.C. 
3414(a)(3) or 3414(a)(5)(D)), or section 802(b) of the National 
Security Act of 1947 (50 U.S.C. 436(b)) shall also be made to the 
Committees on the Judiciary of the House of Representatives and the 
Senate.
    (b) Enhanced Oversight of Fair Credit Reporting Act 
Counterterrorism National Security Letter.--Section 627 of the Fair 
Credit Reporting Act (15 U.S.C. 1681(v)) is amended by inserting at the 
end the following new subsection:
    ``(f) Reports to Congress.--(1) On a semi-annual basis, the 
Attorney General shall fully inform the Committee on the Judiciary, the 
Committee on Financial Services, and the Permanent Select Committee on 
Intelligence of the House of Representatives and the Committee on the 
Judiciary, the Committee on Banking, Housing, and Urban Affairs, and 
the Select Committee on Intelligence of the Senate concerning all 
requests made pursuant to subsection (a).
    ``(2) In the case of the semiannual reports required to be 
submitted under paragraph (1) to the Permanent Select Committee on 
Intelligence of the House of Representatives and the Select Committee 
on Intelligence of the Senate, the submittal dates for such reports 
shall be as provided in section 507 of the National Security Act of 
1947 (50 U.S.C. 415b).''.
    (c) Report on Requests for National Security Letters.--
        (1) In general.--In April of each year, the Attorney General 
    shall submit to Congress an aggregate report setting forth with 
    respect to the preceding year the total number of requests made by 
    the Department of Justice for information concerning different 
    United States persons under--
            (A) section 2709 of title 18, United States Code (to access 
        certain communication service provider records), excluding the 
        number of requests for subscriber information;
            (B) section 1114 of the Right to Financial Privacy Act (12 
        U.S.C. 3414) (to obtain financial institution customer 
        records);
            (C) section 802 of the National Security Act of 1947 (50 
        U.S.C. 436) (to obtain financial information, records, and 
        consumer reports);
            (D) section 626 of the Fair Credit Reporting Act (15 U.S.C. 
        1681u) (to obtain certain financial information and consumer 
        reports); and
            (E) section 627 of the Fair Credit Reporting Act (15 U.S.C. 
        1681v) (to obtain credit agency consumer records for 
        counterterrorism investigations).
        (2) Unclassified form.--The report under this section shall be 
    submitted in unclassified form.
    (d) National Security Letter Defined.--In this section, the term 
``national security letter'' means a request for information under one 
of the following provisions of law:
        (1) Section 2709(a) of title 18, United States Code (to access 
    certain communication service provider records).
        (2) Section 1114(a)(5)(A) of the Right to Financial Privacy Act 
    (12 U.S.C. 3414(a)(5)(A)) (to obtain financial institution customer 
    records).
        (3) Section 802 of the National Security Act of 1947 (50 U.S.C. 
    436) (to obtain financial information, records, and consumer 
    reports).
        (4) Section 626 of the Fair Credit Reporting Act (15 U.S.C. 
    1681u) (to obtain certain financial information and consumer 
    reports).
        (5) Section 627 of the Fair Credit Reporting Act (15 U.S.C. 
    1681v) (to obtain credit agency consumer records for 
    counterterrorism investigations).

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

    (a) Audit.--The Inspector General of the Department of Justice 
shall perform an audit of the effectiveness and use, including any 
improper or illegal use, of national security letters issued by the 
Department of Justice.
    (b) Requirements.--The audit required under subsection (a) shall 
include--
        (1) an examination of the use of national security letters by 
    the Department of Justice during calendar years 2003 through 2006;
        (2) a description of any noteworthy facts or circumstances 
    relating to such use, including any improper or illegal use of such 
    authority; and
        (3) an examination of the effectiveness of national security 
    letters as an investigative tool, including--
            (A) the importance of the information acquired by the 
        Department of Justice to the intelligence activities of the 
        Department of Justice or to any other department or agency of 
        the Federal Government;
            (B) the manner in which such information is collected, 
        retained, analyzed, and disseminated by the Department of 
        Justice, including any direct access to such information (such 
        as access to ``raw data'') provided to any other department, 
        agency, or instrumentality of Federal, State, local, or tribal 
        governments or any private sector entity;
            (C) whether, and how often, the Department of Justice 
        utilized such information to produce an analytical intelligence 
        product for distribution within the Department of Justice, to 
        the intelligence community (as such term is defined in section 
        3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4))), 
        or to other Federal, State, local, or tribal government 
        departments, agencies, or instrumentalities;
            (D) whether, and how often, the Department of Justice 
        provided such information to law enforcement authorities for 
        use in criminal proceedings;
            (E) with respect to national security letters issued 
        following the date of the enactment of this Act, an examination 
        of the number of occasions in which the Department of Justice, 
        or an officer or employee of the Department of Justice, issued 
        a national security letter without the certification necessary 
        to require the recipient of such letter to comply with the 
        nondisclosure and confidentiality requirements potentially 
        applicable under law; and
            (F) the types of electronic communications and 
        transactional information obtained through requests for 
        information under section 2709 of title 18, United States Code, 
        including the types of dialing, routing, addressing, or 
        signaling information obtained, and the procedures the 
        Department of Justice uses if content information is obtained 
        through the use of such authority.
    (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 subsection (c)(1) or (c)(2), the Inspector General of 
    the Department of Justice shall provide such report to the Attorney 
    General and the Director of National Intelligence.
        (2) Comments.--The Attorney General or the Director of National 
    Intelligence may provide comments to be included in the reports 
    submitted under subsection (c)(1) or (c)(2) as the Attorney General 
    or the Director of National Intelligence may consider necessary.
    (e) Unclassified Form.--The reports submitted under subsection 
(c)(1) or (c)(2) and any comments included under subsection (d)(2) 
shall be in unclassified form, but may include a classified annex.
    (f) Minimization Procedures Feasibility.--Not later than February 
1, 2007, or upon completion of review of the report submitted under 
subsection (c)(1), whichever is earlier, the Attorney General and the 
Director of National Intelligence shall jointly submit to the Committee 
on the Judiciary and the Permanent Select Committee on Intelligence of 
the House of Representatives and the Committee on the Judiciary and the 
Select Committee on Intelligence of the Senate a report on the 
feasibility of applying minimization procedures in the context of 
national security letters to ensure the protection of the 
constitutional rights of United States persons.
    (g) National Security Letter Defined.--In this section, the term 
``national security letter'' means a request for information under one 
of the following provisions of law:
        (1) Section 2709(a) of title 18, United States Code (to access 
    certain communication service provider records).
        (2) Section 1114(a)(5)(A) of the Right to Financial Privacy Act 
    (12 U.S.C. 3414(a)(5)(A)) (to obtain financial institution customer 
    records).
        (3) Section 802 of the National Security Act of 1947 (50 U.S.C. 
    436) (to obtain financial information, records, and consumer 
    reports).
        (4) Section 626 of the Fair Credit Reporting Act (15 U.S.C. 
    1681u) (to obtain certain financial information and consumer 
    reports).
        (5) Section 627 of the Fair Credit Reporting Act (15 U.S.C. 
    1681v) (to obtain credit agency consumer records for 
    counterterrorism investigations).

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

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

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

    (a) Threshold Quantity for Treatment as Contraband Cigarettes.--(1) 
Section 2341(2) of title 18, United States Code, is amended by striking 
``60,000 cigarettes'' and inserting ``10,000 cigarettes''.
    (2) Section 2342(b) of that title is amended by striking ``60,000'' 
and inserting ``10,000''.
    (3) Section 2343 of that title is amended--
        (A) in subsection (a), by striking ``60,000'' and inserting 
    ``10,000''; and
        (B) in subsection (b), by striking ``60,000'' and inserting 
    ``10,000''.
    (b) Contraband Smokeless Tobacco.--(1) Section 2341 of that title 
is amended--
        (A) in paragraph (4), by striking ``and'' at the end;
        (B) in paragraph (5), by striking the period at the end and 
    inserting a semicolon; and
        (C) by adding at the end the following new paragraphs:
        ``(6) the term `smokeless tobacco' means any finely cut, 
    ground, powdered, or leaf tobacco that is intended to be placed in 
    the oral or nasal cavity or otherwise consumed without being 
    combusted;
        ``(7) the term `contraband smokeless tobacco' means a quantity 
    in excess of 500 single-unit consumer-sized cans or packages of 
    smokeless tobacco, or their equivalent, that are in the possession 
    of any person other than--
            ``(A) a person holding a permit issued pursuant to chapter 
        52 of the Internal Revenue Code of 1986 as manufacturer of 
        tobacco products or as an export warehouse proprietor, a person 
        operating a customs bonded warehouse pursuant to section 311 or 
        555 of the Tariff Act of 1930 (19 U.S.C. 1311, 1555), or an 
        agent of such person;
            ``(B) a common carrier transporting such smokeless tobacco 
        under a proper bill of lading or freight bill which states the 
        quantity, source, and designation of such smokeless tobacco;
            ``(C) a person who--
                ``(i) is licensed or otherwise authorized by the State 
            where such smokeless tobacco is found to engage in the 
            business of selling or distributing tobacco products; and
                ``(ii) has complied with the accounting, tax, and 
            payment requirements relating to such license or 
            authorization with respect to such smokeless tobacco; or
            ``(D) an officer, employee, or agent of the United States 
        or a State, or any department, agency, or instrumentality of 
        the United States or a State (including any political 
        subdivision of a State), having possession of such smokeless 
        tobacco in connection with the performance of official 
        duties;''.
    (2) Section 2342(a) of that title is amended by inserting ``or 
contraband smokeless tobacco'' after ``contraband cigarettes''.
    (3) Section 2343(a) of that title is amended by inserting ``, or 
any quantity of smokeless tobacco in excess of 500 single-unit 
consumer-sized cans or packages,'' before ``in a single transaction''.
    (4) Section 2344(c) of that title is amended by inserting ``or 
contraband smokeless tobacco'' after ``contraband cigarettes''.
    (5) Section 2345 of that title is amended by inserting ``or 
smokeless tobacco'' after ``cigarettes'' each place it appears.
    (6) Section 2341 of that title is further amended in paragraph (2), 
as amended by subsection (a)(1) of this section, in the matter 
preceding subparagraph (A), by striking ``State cigarette taxes in the 
State where such cigarettes are found, if the State'' and inserting 
``State or local cigarette taxes in the State or locality where such 
cigarettes are found, if the State or local government''.
    (c) Recordkeeping, Reporting, and Inspection.--Section 2343 of that 
title, as amended by this section, is further amended--
        (1) in subsection (a)--
            (A) in the matter preceding paragraph (1), by striking 
        ``only--'' and inserting ``such information as the Attorney 
        General considers appropriate for purposes of enforcement of 
        this chapter, including--''; and
            (B) in the flush matter following paragraph (3), by 
        striking the second sentence;
        (2) by redesignating subsection (b) as subsection (c);
        (3) by inserting after subsection (a) the following new 
    subsection (b):
    ``(b) Any person, except for a tribal government, who engages in a 
delivery sale, and who ships, sells, or distributes any quantity in 
excess of 10,000 cigarettes, or any quantity in excess of 500 single-
unit consumer-sized cans or packages of smokeless tobacco, or their 
equivalent, within a single month, shall submit to the Attorney 
General, pursuant to rules or regulations prescribed by the Attorney 
General, a report that sets forth the following:
        ``(1) The person's beginning and ending inventory of cigarettes 
    and cans or packages of smokeless tobacco (in total) for such 
    month.
        ``(2) The total quantity of cigarettes and cans or packages of 
    smokeless tobacco that the person received within such month from 
    each other person (itemized by name and address).
        ``(3) The total quantity of cigarettes and cans or packages of 
    smokeless tobacco that the person distributed within such month to 
    each person (itemized by name and address) other than a retail 
    purchaser.''; and
        (4) by adding at the end the following new subsections:
    ``(d) Any report required to be submitted under this chapter to the 
Attorney General shall also be submitted to the Secretary of the 
Treasury and to the attorneys general and the tax administrators of the 
States from where the shipments, deliveries, or distributions both 
originated and concluded.
    ``(e) In this section, the term `delivery sale' means any sale of 
cigarettes or smokeless tobacco in interstate commerce to a consumer 
if--
        ``(1) the consumer submits the order for such sale by means of 
    a telephone or other method of voice transmission, the mails, or 
    the Internet or other online service, or by any other means where 
    the consumer is not in the same physical location as the seller 
    when the purchase or offer of sale is made; or
        ``(2) the cigarettes or smokeless tobacco are delivered by use 
    of the mails, common carrier, private delivery service, or any 
    other means where the consumer is not in the same physical location 
    as the seller when the consumer obtains physical possession of the 
    cigarettes or smokeless tobacco.
    ``(f) In this section, the term `interstate commerce' means 
commerce between a State and any place outside the State, or commerce 
between points in the same State but through any place outside the 
State.''.
    (d) Disposal or Use of Forfeited Cigarettes and Smokeless 
Tobacco.--Section 2344(c) of that title, as amended by this section, is 
further amended by striking ``seizure and forfeiture,'' and all that 
follows and inserting ``seizure and forfeiture. The provisions of 
chapter 46 of title 18 relating to civil forfeitures shall extend to 
any seizure or civil forfeiture under this section. Any cigarettes or 
smokeless tobacco so seized and forfeited shall be either--
        ``(1) destroyed and not resold; or
        ``(2) used for undercover investigative operations for the 
    detection and prosecution of crimes, and then destroyed and not 
    resold.''.
    (e) Effect on State and Local Law.--Section 2345 of that title is 
amended--
        (1) in subsection (a), by striking ``a State to enact and 
    enforce'' and inserting ``a State or local government to enact and 
    enforce its own''; and
        (2) in subsection (b), by striking ``of States, through 
    interstate compact or otherwise, to provide for the administration 
    of State'' and inserting ``of State or local governments, through 
    interstate compact or otherwise, to provide for the administration 
    of State or local''.
    (f) Enforcement.--Section 2346 of that title is amended--
        (1) by inserting ``(a)'' before ``The Attorney General''; and
        (2) by adding at the end the following new subsection:
    ``(b)(1) A State, through its attorney general, a local government, 
through its chief law enforcement officer (or a designee thereof), or 
any person who holds a permit under chapter 52 of the Internal Revenue 
Code of 1986, may bring an action in the United States district courts 
to prevent and restrain violations of this chapter by any person (or by 
any person controlling such person), except that any person who holds a 
permit under chapter 52 of the Internal Revenue Code of 1986 may not 
bring such an action against a State or local government. No civil 
action may be commenced under this paragraph against an Indian tribe or 
an Indian in Indian country (as defined in section 1151).
    ``(2) A State, through its attorney general, or a local government, 
through its chief law enforcement officer (or a designee thereof), may 
in a civil action under paragraph (1) also obtain any other appropriate 
relief for violations of this chapter from any person (or by any person 
controlling such person), including civil penalties, money damages, and 
injunctive or other equitable relief. Nothing in this chapter shall be 
deemed to abrogate or constitute a waiver of any sovereign immunity of 
a State or local government, or an Indian tribe against any unconsented 
lawsuit under this chapter, or otherwise to restrict, expand, or modify 
any sovereign immunity of a State or local government, or an Indian 
tribe.
    ``(3) The remedies under paragraphs (1) and (2) are in addition to 
any other remedies under Federal, State, local, or other law.
    ``(4) Nothing in this chapter shall be construed to expand, 
restrict, or otherwise modify any right of an authorized State official 
to proceed in State court, or take other enforcement actions, on the 
basis of an alleged violation of State or other law.
    ``(5) Nothing in this chapter shall be construed to expand, 
restrict, or otherwise modify any right of an authorized local 
government official to proceed in State court, or take other 
enforcement actions, on the basis of an alleged violation of local or 
other law.''.
    (g) Conforming and Clerical Amendments.--(1) The section heading 
for section 2343 of that title is amended to read as follows:

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

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

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

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

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

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

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

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

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

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

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

SEC. 122. PROHIBITION OF NARCO-TERRORISM.

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

     ``Foreign terrorist organizations, terrorist persons and groups

                           ``Prohibited Acts

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

                             ``Jurisdiction

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

                          ``Proof Requirements

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

                              ``Definition

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

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

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

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

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

SEC. 125. REMOVAL OF CIVIL LIABILITY BARRIERS THAT DISCOURAGE THE 
              DONATION OF FIRE EQUIPMENT TO VOLUNTEER FIRE COMPANIES.

    (a) Liability Protection.--A person who donates qualified fire 
control or rescue equipment to a volunteer fire company shall not be 
liable for civil damages under any State or Federal law for personal 
injuries, property damage or loss, or death caused by the equipment 
after the donation.
    (b) Exceptions.--Subsection (a) does not apply to a person if--
        (1) the person's act or omission causing the injury, damage, 
    loss, or death constitutes gross negligence or intentional 
    misconduct;
        (2) the person is the manufacturer of the qualified fire 
    control or rescue equipment; or
        (3) the person or agency modified or altered the equipment 
    after it had been recertified by an authorized technician as 
    meeting the manufacturer's specifications.
    (c) Preemption.--This section preempts the laws of any State to the 
extent that such laws are inconsistent with this section, except that 
notwithstanding subsection (b) this section shall not preempt any State 
law that provides additional protection from liability for a person who 
donates fire control or fire rescue equipment to a volunteer fire 
company.
    (d) Definitions.--In this section:
        (1) Person.--The term ``person'' includes any governmental or 
    other entity.
        (2) Fire control or rescue equipment.--The term ``fire control 
    or fire rescue equipment'' includes any fire vehicle, fire fighting 
    tool, communications equipment, protective gear, fire hose, or 
    breathing apparatus.
        (3) Qualified fire control or rescue equipment.--The term 
    ``qualified fire control or rescue equipment'' means fire control 
    or fire rescue equipment that has been recertified by an authorized 
    technician as meeting the manufacturer's specifications.
        (4) State.--The term ``State'' includes the several States, the 
    District of Columbia, the Commonwealth of Puerto Rico, the 
    Commonwealth of the Northern Mariana Islands, American Samoa, Guam, 
    the Virgin Islands, any other territory or possession of the United 
    States, and any political subdivision of any such State, territory, 
    or possession.
        (5) Volunteer fire company.--The term ``volunteer fire 
    company'' means an association of individuals who provide fire 
    protection and other emergency services, where at least 30 percent 
    of the individuals receive little or no compensation compared with 
    an entry level full-time paid individual in that association or in 
    the nearest such association with an entry level full-time paid 
    individual.
        (6) Authorized technician.--The term ``authorized technician'' 
    means a technician who has been certified by the manufacturer of 
    fire control or fire rescue equipment to inspect such equipment. 
    The technician need not be employed by the State or local agency 
    administering the distribution of the fire control or fire rescue 
    equipment.
    (e) Effective Date.--This section applies only to liability for 
injury, damage, loss, or death caused by equipment that, for purposes 
of subsection (a), is donated on or after the date that is 30 days 
after the date of the enactment of this section.

SEC. 126. REPORT ON DATA-MINING ACTIVITIES.

    (a) Report.--Not later than one year after the date of the 
enactment of this Act, the Attorney General shall submit to Congress a 
report on any initiative of the Department of Justice that uses or is 
intended to develop pattern-based data-mining technology, including, 
for each such initiative, the following information:
        (1) A thorough description of the pattern-based data-mining 
    technology consistent with the protection of existing patents, 
    proprietary business processes, trade secrets, and intelligence 
    sources and methods.
        (2) A thorough discussion of the plans for the use of such 
    technology and the target dates for the deployment of the pattern-
    based data-mining technology.
        (3) An assessment of the likely efficacy of the pattern-based 
    data-mining technology quality assurance controls to be used in 
    providing accurate and valuable information consistent with the 
    stated plans for the use of the technology.
        (4) An assessment of the likely impact of the implementation of 
    the pattern-based data-mining technology on privacy and civil 
    liberties.
        (5) A list and analysis of the laws and regulations applicable 
    to the Department of Justice that govern the application of the 
    pattern-based data-mining technology to the information to be 
    collected, reviewed, gathered, and analyzed with the pattern-based 
    data-mining technology.
        (6) A thorough discussion of the policies, procedures, and 
    guidelines of the Department of Justice that are to be developed 
    and applied in the use of such technology for pattern-based data-
    mining in order to--
            (A) protect the privacy and due process rights of 
        individuals; and
            (B) ensure that only accurate information is collected and 
        used or account for the possibility of inaccuracy in that 
        information and guard against harmful consequences of potential 
        inaccuracies.
        (7) Any necessary classified information in an annex that shall 
    be available consistent with national security to the Committee on 
    the Judiciary of both the Senate and the House of Representatives.
    (b) Definitions.--In this section:
        (1) Data-mining.--The term ``data-mining'' means a query or 
    search or other analysis of one or more electronic databases, 
    where--
            (A) at least one of the databases was obtained from or 
        remains under the control of a non-Federal entity, or the 
        information was acquired initially by another department or 
        agency of the Federal Government for purposes other than 
        intelligence or law enforcement;
            (B) the search does not use personal identifiers of a 
        specific individual or does not utilize inputs that appear on 
        their face to identify or be associated with a specified 
        individual to acquire information; and
            (C) a department or agency of the Federal Government is 
        conducting the query or search or other analysis to find a 
        pattern indicating terrorist or other criminal activity.
        (2) Database.--The term ``database'' does not include telephone 
    directories, information publicly available via the Internet or 
    available by any other means to any member of the public, any 
    databases maintained, operated, or controlled by a State, local, or 
    tribal government (such as a State motor vehicle database), or 
    databases of judicial and administrative opinions.

SEC. 127. SENSE OF CONGRESS.

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

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

    (a) Records.--Section 402(d)(2) of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1842(d)(2)) is amended--
        (1) in subparagraph (A)--
            (A) in clause (ii), by adding ``and'' at the end; and
            (B) in clause (iii), by striking the period at the end and 
        inserting a semicolon;
        (2) in subparagraph (B)(iii), by striking the period at the end 
    and inserting ``; and''; and
        (3) by adding at the end the following:
            ``(C) shall direct that, upon the request of the applicant, 
        the provider of a wire or electronic communication service 
        shall disclose to the Federal officer using the pen register or 
        trap and trace device covered by the order--
                ``(i) in the case of the customer or subscriber using 
            the service covered by the order (for the period specified 
            by the order)--

                    ``(I) the name of the customer or subscriber;
                    ``(II) the address of the customer or subscriber;
                    ``(III) the telephone or instrument number, or 
                other subscriber number or identifier, of the customer 
                or subscriber, including any temporarily assigned 
                network address or associated routing or transmission 
                information;
                    ``(IV) the length of the provision of service by 
                such provider to the customer or subscriber and the 
                types of services utilized by the customer or 
                subscriber;
                    ``(V) in the case of a provider of local or long 
                distance telephone service, any local or long distance 
                telephone records of the customer or subscriber;
                    ``(VI) if applicable, any records reflecting period 
                of usage (or sessions) by the customer or subscriber; 
                and
                    ``(VII) any mechanisms and sources of payment for 
                such service, including the number of any credit card 
                or bank account utilized for payment for such service; 
                and

                ``(ii) if available, with respect to any customer or 
            subscriber of incoming or outgoing communications to or 
            from the service covered by the order--

                    ``(I) the name of such customer or subscriber;
                    ``(II) the address of such customer or subscriber;
                    ``(III) the telephone or instrument number, or 
                other subscriber number or identifier, of such customer 
                or subscriber, including any temporarily assigned 
                network address or associated routing or transmission 
                information; and
                    ``(IV) the length of the provision of service by 
                such provider to such customer or subscriber and the 
                types of services utilized by such customer or 
                subscriber.''.

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

             TITLE II--TERRORIST DEATH PENALTY ENHANCEMENT

SEC. 201. SHORT TITLE.

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

            Subtitle A--Terrorist Penalties Enhancement Act

SEC. 211. DEATH PENALTY PROCEDURES FOR CERTAIN AIR PIRACY CASES 
              OCCURRING BEFORE ENACTMENT OF THE FEDERAL DEATH PENALTY 
              ACT OF 1994.

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

SEC. 212. POSTRELEASE SUPERVISION OF TERRORISTS.

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

              Subtitle B--Federal Death Penalty Procedures

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

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

SEC. 222. COUNSEL FOR FINANCIALLY UNABLE DEFENDANTS.

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

``Sec. 3599. Counsel for financially unable defendants

    ``(a)(1) Notwithstanding any other provision of law to the 
contrary, in every criminal action in which a defendant is charged with 
a crime which may be punishable by death, a defendant who is or becomes 
financially unable to obtain adequate representation or investigative, 
expert, or other reasonably necessary services at any time either--
        ``(A) before judgment; or
        ``(B) after the entry of a judgment imposing a sentence of 
    death but before the execution of that judgment;
shall be entitled to the appointment of one or more attorneys and the 
furnishing of such other services in accordance with subsections (b) 
through (f).
    ``(2) In any post conviction proceeding under section 2254 or 2255 
of title 28, United States Code, seeking to vacate or set aside a death 
sentence, any defendant who is or becomes financially unable to obtain 
adequate representation or investigative, expert, or other reasonably 
necessary services shall be entitled to the appointment of one or more 
attorneys and the furnishing of such other services in accordance with 
subsections (b) through (f).
    ``(b) If the appointment is made before judgment, at least one 
attorney so appointed must have been admitted to practice in the court 
in which the prosecution is to be tried for not less than five years, 
and must have had not less than three years experience in the actual 
trial of felony prosecutions in that court.
    ``(c) If the appointment is made after judgment, at least one 
attorney so appointed must have been admitted to practice in the court 
of appeals for not less than five years, and must have had not less 
than three years experience in the handling of appeals in that court in 
felony cases.
    ``(d) With respect to subsections (b) and (c), the court, for good 
cause, may appoint another attorney whose background, knowledge, or 
experience would otherwise enable him or her to properly represent the 
defendant, with due consideration to the seriousness of the possible 
penalty and to the unique and complex nature of the litigation.
    ``(e) Unless replaced by similarly qualified counsel upon the 
attorney's own motion or upon motion of the defendant, each attorney so 
appointed shall represent the defendant throughout every subsequent 
stage of available judicial proceedings, including pretrial 
proceedings, trial, sentencing, motions for new trial, appeals, 
applications for writ of certiorari to the Supreme Court of the United 
States, and all available post-conviction process, together with 
applications for stays of execution and other appropriate motions and 
procedures, and shall also represent the defendant in such competency 
proceedings and proceedings for executive or other clemency as may be 
available to the defendant.
    ``(f) Upon a finding that investigative, expert, or other services 
are reasonably necessary for the representation of the defendant, 
whether in connection with issues relating to guilt or the sentence, 
the court may authorize the defendant's attorneys to obtain such 
services on behalf of the defendant and, if so authorized, shall order 
the payment of fees and expenses therefor under subsection (g). No ex 
parte proceeding, communication, or request may be considered pursuant 
to this section unless a proper showing is made concerning the need for 
confidentiality. Any such proceeding, communication, or request shall 
be transcribed and made a part of the record available for appellate 
review.
    ``(g)(1) Compensation shall be paid to attorneys appointed under 
this subsection at a rate of not more than $125 per hour for in-court 
and out-of-court time. The Judicial Conference is authorized to raise 
the maximum for hourly payment specified in the paragraph up to the 
aggregate of the overall average percentages of the adjustments in the 
rates of pay for the General Schedule made pursuant to section 5305 of 
title 5 on or after such date. After the rates are raised under the 
preceding sentence, such hourly range may be raised at intervals of not 
less than one year, up to the aggregate of the overall average 
percentages of such adjustments made since the last raise under this 
paragraph.
    ``(2) Fees and expenses paid for investigative, expert, and other 
reasonably necessary services authorized under subsection (f) shall not 
exceed $7,500 in any case, unless payment in excess of that limit is 
certified by the court, or by the United States magistrate judge, if 
the services were rendered in connection with the case disposed of 
entirely before such magistrate judge, as necessary to provide fair 
compensation for services of an unusual character or duration, and the 
amount of the excess payment is approved by the chief judge of the 
circuit. The chief judge of the circuit may delegate such approval 
authority to an active circuit judge.
    ``(3) The amounts paid under this paragraph for services in any 
case shall be disclosed to the public, after the disposition of the 
petition.''.
    (b) Conforming Amendment.--The table of sections of the bill is 
amended by inserting after the item relating to section 3598 the 
following new item:

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

    (c) Repeal.--Subsection (q) of section 408 of the Controlled 
Substances Act is amended by striking paragraphs (4) through (10).

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

SEC. 301. SHORT TITLE.

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

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

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

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

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

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

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

``Sec. 26. Definition of seaport

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

``26. Definition of seaport.''.

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

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

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

    ``(a)(1) It shall be unlawful for the master, operator, or person 
in charge of a vessel of the United States, or a vessel subject to the 
jurisdiction of the United States, to knowingly fail to obey an order 
by an authorized Federal law enforcement officer to heave to that 
vessel.
    ``(2) It shall be unlawful for any person on board a vessel of the 
United States, or a vessel subject to the jurisdiction of the United 
States, to--
        ``(A) forcibly resist, oppose, prevent, impede, intimidate, or 
    interfere with a boarding or other law enforcement action 
    authorized by any Federal law or to resist a lawful arrest; or
        ``(B) provide materially false information to a Federal law 
    enforcement officer during a boarding of a vessel regarding the 
    vessel's destination, origin, ownership, registration, nationality, 
    cargo, or crew.
    ``(b) Any person who intentionally violates this section shall be 
fined under this title or imprisoned for not more than 5 years, or 
both.
    ``(c) This section does not limit the authority of a customs 
officer under section 581 of the Tariff Act of 1930 (19 U.S.C. 1581), 
or any other provision of law enforced or administered by the Secretary 
of the Treasury or the Secretary of Homeland Security, or the authority 
of any Federal law enforcement officer under any law of the United 
States, to order a vessel to stop or heave to.
    ``(d) A foreign nation may consent or waive objection to the 
enforcement of United States law by the United States under this 
section by radio, telephone, or similar oral or electronic means. 
Consent or waiver may be proven by certification of the Secretary of 
State or the designee of the Secretary of State.
    ``(e) In this section--
        ``(1) the term `Federal law enforcement officer' has the 
    meaning given the term in section 115(c);
        ``(2) the term `heave to' means to cause a vessel to slow, come 
    to a stop, or adjust its course or speed to account for the weather 
    conditions and sea state to facilitate a law enforcement boarding;
        ``(3) the term `vessel subject to the jurisdiction of the 
    United States' has the meaning given the term in section 2 of the 
    Maritime Drug Law Enforcement Act (46 U.S.C. App. 1903); and
        ``(4) the term `vessel of the United States' has the meaning 
    given the term in section 2 of the Maritime Drug Law Enforcement 
    Act (46 U.S.C. App. 1903).''.
    (b) Conforming Amendment.--The table of sections for chapter 109, 
title 18, United States Code, is amended by inserting after the item 
for section 2236 the following:

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

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

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

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

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

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

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

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

    ``Whoever intentionally destroys, seriously damages, alters, moves, 
or tampers with any aid to maritime navigation maintained by the Saint 
Lawrence Seaway Development Corporation under the authority of section 
4 of the Act of May 13, 1954 (33 U.S.C. 984), by the Coast Guard 
pursuant to section 81 of title 14, United States Code, or lawfully 
maintained under authority granted by the Coast Guard pursuant to 
section 83 of title 14, United States Code, if such act endangers or is 
likely to endanger the safe navigation of a ship, shall be fined under 
this title or imprisoned for not more than 20 years, or both.''.
        (2) Conforming amendment.--The table of sections for chapter 
    111 of title 18, United States Code, as amended by 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.
``2292. Imparting or conveying false information.

``Sec. 2290. Jurisdiction and scope

    ``(a) Jurisdiction.--There is jurisdiction, including 
extraterritorial jurisdiction, over an offense under this chapter if 
the prohibited activity takes place--
        ``(1) within the United States and within waters subject to the 
    jurisdiction of the United States; or
        ``(2) outside United States and--
            ``(A) an offender or a victim is a national of the United 
        States (as that term is defined under section 101(a)(22) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(22));
            ``(B) the activity involves a vessel in which a national of 
        the United States was on board; or
            ``(C) the activity involves a vessel of the United States 
        (as that term is defined under section 2 of the Maritime Drug 
        Law Enforcement Act (46 U.S.C. App. 1903).
    ``(b) Scope.--Nothing in this chapter shall apply to otherwise 
lawful activities carried out by or at the direction of the United 
States Government.

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

    ``(a) Offense.--Whoever knowingly--
        ``(1) sets fire to, damages, destroys, disables, or wrecks any 
    vessel;
        ``(2) places or causes to be placed a destructive device, as 
    defined in section 921(a)(4), destructive substance, as defined in 
    section 31(a)(3), or an explosive, as defined in section 844(j) in, 
    upon, or near, or otherwise makes or causes to be made unworkable 
    or unusable or hazardous to work or use, any vessel, or any part or 
    other materials used or intended to be used in connection with the 
    operation of a vessel;
        ``(3) sets fire to, damages, destroys, or disables or places a 
    destructive device or substance in, upon, or near, any maritime 
    facility, including any aid to navigation, lock, canal, or vessel 
    traffic service facility or equipment;
        ``(4) interferes by force or violence with the operation of any 
    maritime facility, including any aid to navigation, lock, canal, or 
    vessel traffic service facility or equipment, if such action is 
    likely to endanger the safety of any vessel in navigation;
        ``(5) sets fire to, damages, destroys, or disables or places a 
    destructive device or substance in, upon, or near, any appliance, 
    structure, property, machine, or apparatus, or any facility or 
    other material used, or intended to be used, in connection with the 
    operation, maintenance, loading, unloading, or storage of any 
    vessel or any passenger or cargo carried or intended to be carried 
    on any vessel;
        ``(6) performs an act of violence against or incapacitates any 
    individual on any vessel, if such act of violence or incapacitation 
    is likely to endanger the safety of the vessel or those on board;
        ``(7) performs an act of violence against a person that causes 
    or is likely to cause serious bodily injury, as defined in section 
    1365(h)(3), in, upon, or near, any appliance, structure, property, 
    machine, or apparatus, or any facility or other material used, or 
    intended to be used, in connection with the operation, maintenance, 
    loading, unloading, or storage of any vessel or any passenger or 
    cargo carried or intended to be carried on any vessel;
        ``(8) communicates information, knowing the information to be 
    false and under circumstances in which such information may 
    reasonably be believed, thereby endangering the safety of any 
    vessel in navigation; or
        ``(9) attempts or conspires to do anything prohibited under 
    paragraphs (1) through (8),
shall be fined under this title or imprisoned not more than 20 years, 
or both.
    ``(b) Limitation.--Subsection (a) shall not apply to any person 
that is engaging in otherwise lawful activity, such as normal repair 
and salvage activities, and the transportation of hazardous materials 
regulated and allowed to be transported under chapter 51 of title 49.
    ``(c) Penalty.--Whoever is fined or imprisoned under subsection (a) 
as a result of an act involving a vessel that, at the time of the 
violation, carried high-level radioactive waste (as that term is 
defined in section 2(12) of the Nuclear Waste Policy Act of 1982 (42 
U.S.C. 10101(12)) or spent nuclear fuel (as that term is defined in 
section 2(23) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 
10101(23)), shall be fined under this title, imprisoned for a term up 
to life, or both.
    ``(d) Penalty When Death Results.--Whoever is convicted of any 
crime prohibited by subsection (a) and intended to cause death by the 
prohibited conduct, if the conduct resulted in the death of any person, 
shall be subject also to the death penalty or to a term of imprisonment 
for a period up to life.
    ``(e) Threats.--Whoever knowingly and intentionally imparts or 
conveys any threat to do an act which would violate this chapter, with 
an apparent determination and will to carry the threat into execution, 
shall be fined under this title or imprisoned not more than 5 years, or 
both, and is liable for all costs incurred as a result of such threat.

``Sec. 2292. Imparting or conveying false information

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

``Sec. 2293. Bar to prosecution

    ``(a) In General.--It is a bar to prosecution under this chapter 
if--
        ``(1) the conduct in question occurred within the United States 
    in relation to a labor dispute, and such conduct is prohibited as a 
    felony under the law of the State in which it was committed; or
        ``(2) such conduct is prohibited as a misdemeanor, and not as a 
    felony, under the law of the State in which it was committed.
    ``(b) Definitions.--In this section:
        ``(1) Labor dispute.--The term `labor dispute' has the same 
    meaning given that term in section 13(c) of the Act to amend the 
    Judicial Code and to define and limit the jurisdiction of courts 
    sitting in equity, and for other purposes (29 U.S.C. 113(c), 
    commonly known as the Norris-LaGuardia Act).
        ``(2) State.--The term `State' means a State of the United 
    States, the District of Columbia, and any commonwealth, territory, 
    or possession of the United States.''.
    (b) Conforming Amendment.--The table of chapters at the beginning 
of title 18, United States Code, is amended by inserting after the item 
for chapter 111 the following:

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

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

    (a) Theft of Interstate or Foreign Shipments.--Section 659 of title 
18, United States Code, is amended--
        (1) in the first undesignated paragraph--
            (A) by inserting ``trailer,'' after ``motortruck,'';
            (B) by inserting ``air cargo container,'' after 
        ``aircraft,''; and
            (C) by inserting ``, or from any intermodal container, 
        trailer, container freight station, warehouse, or freight 
        consolidation facility,'' after ``air navigation facility'';
        (2) in the fifth undesignated paragraph, by striking ``in each 
    case'' and all that follows through ``or both'' the second place it 
    appears and inserting ``be fined under this title or imprisoned not 
    more than 10 years, or both, but if the amount or value of such 
    money, baggage, goods, or chattels is less than $1,000, shall be 
    fined under this title or imprisoned for not more than 3 years, or 
    both''; and
        (3) by inserting after the first sentence in the eighth 
    undesignated paragraph the following: ``For purposes of this 
    section, goods and chattel shall be construed to be moving as an 
    interstate or foreign shipment at all points between the point of 
    origin and the final destination (as evidenced by the waybill or 
    other shipping document of the shipment), regardless of any 
    temporary stop while awaiting transshipment or otherwise.''.
    (b) Stolen Vessels.--
        (1) In general.--Section 2311 of title 18, United States Code, 
    is amended by adding at the end the following, as a new 
    undesignated paragraph: ```Vessel' means any watercraft or other 
    contrivance used or designed for transportation or navigation on, 
    under, or immediately above, water.''.
        (2) Transportation and sale of stolen vessels.--
            (A) Transportation.--Section 2312 of title 18, United 
        States Code, is amended by striking ``motor vehicle or 
        aircraft'' and inserting ``motor vehicle, vessel, or 
        aircraft''.
            (B) Sale.--Section 2313(a) of title 18, United States Code, 
        is amended by striking ``motor vehicle or aircraft'' and 
        inserting ``motor vehicle, vessel, or aircraft''.
    (c) Review of Sentencing Guidelines.--Pursuant to section 994 of 
title 28, United States Code, the United States Sentencing Commission 
shall review the Federal Sentencing Guidelines to determine whether 
sentencing enhancement is appropriate for any offense under section 659 
or 2311 of title 18, United States Code, as amended by this title.
    (d) Annual Report of Law Enforcement Activities.--The Attorney 
General shall annually submit to Congress a report, which shall include 
an evaluation of law enforcement activities relating to the 
investigation and prosecution of offenses under section 659 of title 
18, United States Code, as amended by this title.
    (e) Reporting of Cargo Theft.--The Attorney General shall take the 
steps necessary to ensure that reports of cargo theft collected by 
Federal, State, and local officials are reflected as a separate 
category in the Uniform Crime Reporting System, or any successor 
system, by no later than December 31, 2006.

SEC. 308. STOWAWAYS ON VESSELS OR AIRCRAFT.

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

SEC. 309. BRIBERY AFFECTING PORT SECURITY.

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

``Sec. 226. Bribery affecting port security

    ``(a) In General.--Whoever knowingly--
        ``(1) directly or indirectly, corruptly gives, offers, or 
    promises anything of value to any public or private person, with 
    intent to commit international terrorism or domestic terrorism (as 
    those terms are defined under section 2331), to--
            ``(A) influence any action or any person to commit or aid 
        in committing, or collude in, or allow, any fraud, or make 
        opportunity for the commission of any fraud affecting any 
        secure or restricted area or seaport; or
            ``(B) induce any official or person to do or omit to do any 
        act in violation of the lawful duty of such official or person 
        that affects any secure or restricted area or seaport; or
        ``(2) directly or indirectly, corruptly demands, seeks, 
    receives, accepts, or agrees to receive or accept anything of value 
    personally or for any other person or entity in return for--
            ``(A) being influenced in the performance of any official 
        act affecting any secure or restricted area or seaport; and
            ``(B) knowing that such influence will be used to commit, 
        or plan to commit, international or domestic terrorism,
shall be fined under this title or imprisoned not more than 15 years, 
or both.
    ``(b) Definition.--In this section, the term `secure or restricted 
area' means an area of a vessel or facility designated as secure in an 
approved security plan, as required under section 70103 of title 46, 
United States Code, and the rules and regulations promulgated under 
that section.''.
    (b) Conforming Amendment.--The table of sections for chapter 11 of 
title 18, United States Code, is amended by adding at the end the 
following:

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

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

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

SEC. 311. SMUGGLING GOODS FROM THE UNITED STATES.

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

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

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

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

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

                TITLE IV--COMBATING TERRORISM FINANCING

SEC. 401. SHORT TITLE.

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

SEC. 402. INCREASED PENALTIES FOR TERRORISM FINANCING.

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

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

    (a) Amendments to RICO.--Section 1961(1) of title 18, United States 
Code, is amended in subparagraph (B), by inserting ``section 1960 
(relating to illegal money transmitters),'' before ``sections 2251''.
    (b) Amendment to Section 1956(c)(7).--Section 1956(c)(7)(D) of 
title 18, United States Code, is amended by striking ``or any felony 
violation of the Foreign Corrupt Practices Act'' and inserting ``any 
felony violation of the Foreign Corrupt Practices Act''.
    (c) Conforming Amendments to Sections 1956(e) and 1957(e).--
        (1) Section 1956(e) of title 18, United States Code, is amended 
    to read as follows:
    ``(e) Violations of this section may be investigated by such 
components of the Department of Justice as the Attorney General may 
direct, and by such components of the Department of the Treasury as the 
Secretary of the Treasury may direct, as appropriate, and, with respect 
to offenses over which the Department of Homeland Security has 
jurisdiction, by such components of the Department of Homeland Security 
as the Secretary of Homeland Security may direct, and, with respect to 
offenses over which the United States Postal Service has jurisdiction, 
by the Postal Service. Such authority of the Secretary of the Treasury, 
the Secretary of Homeland Security, and the Postal Service shall be 
exercised in accordance with an agreement which shall be entered into 
by the Secretary of the Treasury, the Secretary of Homeland Security, 
the Postal Service, and the Attorney General. Violations of this 
section involving offenses described in paragraph (c)(7)(E) may be 
investigated by such components of the Department of Justice as the 
Attorney General may direct, and the National Enforcement 
Investigations Center of the Environmental Protection Agency.''.
        (2) Section 1957(e) of title 18, United States Code, is amended 
    to read as follows:
    ``(e) Violations of this section may be investigated by such 
components of the Department of Justice as the Attorney General may 
direct, and by such components of the Department of the Treasury as the 
Secretary of the Treasury may direct, as appropriate, and, with respect 
to offenses over which the Department of Homeland Security has 
jurisdiction, by such components of the Department of Homeland Security 
as the Secretary of Homeland Security may direct, and, with respect to 
offenses over which the United States Postal Service has jurisdiction, 
by the Postal Service. Such authority of the Secretary of the Treasury, 
the Secretary of Homeland Security, and the Postal Service shall be 
exercised in accordance with an agreement which shall be entered into 
by the Secretary of the Treasury, the Secretary of Homeland Security, 
the Postal Service, and the Attorney General.''.

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

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

SEC. 405. MONEY LAUNDERING THROUGH HAWALAS.

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

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

    (a) Technical Corrections.--
        (1) Section 322 of Public Law 107-56 is amended by striking 
    ``title 18'' and inserting ``title 28''.
        (2) Section 1956(b)(3) and (4) of title 18, United States Code, 
    are amended by striking ``described in paragraph (2)'' each time it 
    appears; and
        (3) Section 981(k) of title 18, United States Code, is amended 
    by striking ``foreign bank'' each time it appears and inserting 
    ``foreign financial institution (as defined in section 984(c)(2)(A) 
    of this title)''.
    (b) Codification of Section 316 of the USA PATRIOT Act.--
        (1) Chapter 46 of title 18, United States Code, is amended--
            (A) in the chapter analysis, by inserting at the end the 
        following:

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

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

``Sec. 987. Anti-terrorist forfeiture protection

    ``(a) Right to Contest.--An owner of property that is confiscated 
under any provision of law relating to the confiscation of assets of 
suspected international terrorists, may contest that confiscation by 
filing a claim in the manner set forth in the Federal Rules of Civil 
Procedure (Supplemental Rules for Certain Admiralty and Maritime 
Claims), and asserting as an affirmative defense that--
        ``(1) the property is not subject to confiscation under such 
    provision of law; or
        ``(2) the innocent owner provisions of section 983(d) of title 
    18, United States Code, apply to the case.
    ``(b) Evidence.--In considering a claim filed under this section, a 
court may admit evidence that is otherwise inadmissible under the 
Federal Rules of Evidence, if the court determines that the evidence is 
reliable, and that compliance with the Federal Rules of Evidence may 
jeopardize the national security interests of the United States.
    ``(c) Clarifications.--
        ``(1) Protection of rights.--The exclusion of certain 
    provisions of Federal law from the definition of the term `civil 
    forfeiture statute' in section 983(i) of title 18, United States 
    Code, shall not be construed to deny an owner of property the right 
    to contest the confiscation of assets of suspected international 
    terrorists under--
            ``(A) subsection (a) of this section;
            ``(B) the Constitution; or
            ``(C) subchapter II of chapter 5 of title 5, United States 
        Code (commonly known as the `Administrative Procedure Act').
        ``(2) Savings clause.--Nothing in this section shall limit or 
    otherwise affect any other remedies that may be available to an 
    owner of property under section 983 of title 18, United States 
    Code, or any other provision of law.''.
        (2) Subsections (a), (b), and (c) of section 316 of Public Law 
    107-56 are repealed.
    (c) Conforming Amendments Concerning Conspiracies.--
        (1) Section 33(a) of title 18, United States Code is amended by 
    inserting ``or conspires'' before ``to do any of the aforesaid 
    acts''.
        (2) Section 1366(a) of title 18, United States Code, is 
    amended--
            (A) by striking ``attempts'' each time it appears and 
        inserting ``attempts or conspires''; and
            (B) by inserting ``, or if the object of the conspiracy had 
        been achieved,'' after ``the attempted offense had been 
        completed''.

SEC. 407. CROSS REFERENCE CORRECTION.

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

SEC. 408. AMENDMENT TO AMENDATORY LANGUAGE.

    Section 6604 of the Intelligence Reform and Terrorism Prevention 
Act of 2004 is amended (effective on the date of the enactment of that 
Act)--
        (1) by striking ``Section 2339c(c)(2)'' and inserting ``Section 
    2339C(c)(2)''; and
        (2) by striking ``Section 2339c(e)'' and inserting ``Section 
    2339C(e)''.

SEC. 409. DESIGNATION OF ADDITIONAL MONEY LAUNDERING PREDICATE.

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

SEC. 410. UNIFORM PROCEDURES FOR CRIMINAL FORFEITURE.

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

                   TITLE V--MISCELLANEOUS PROVISIONS

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

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

SEC. 502. INTERIM APPOINTMENT OF UNITED STATES ATTORNEYS.

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

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

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

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

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

SEC. 505. QUALIFICATIONS OF UNITED STATES MARSHALS.

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

SEC. 506. DEPARTMENT OF JUSTICE INTELLIGENCE MATTERS.

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

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

    ``(a) Of the Assistant Attorneys General appointed under section 
506, one shall serve, upon the designation of the President, as the 
Assistant Attorney General for National Security.
    ``(b) The Assistant Attorney General for National Security shall--
        ``(1) serve as the head of the National Security Division of 
    the Department of Justice under section 509A of this title;
        ``(2) serve as primary liaison to the Director of National 
    Intelligence for the Department of Justice; and
        ``(3) perform such other duties as the Attorney General may 
    prescribe.''.
        (2) Additional assistant attorney general.--Section 506 of 
    title 28, United States Code, is amended by striking ``ten'' and 
    inserting ``11''.
        (3) Executive schedule matters.--Section 5315 of title 5, 
    United States Code, is amended by striking the matter relating to 
    Assistant Attorneys General and inserting the following:
        ``Assistant Attorneys General (11).''.
        (4) Consultation of director of national intelligence in 
    appointment.--Section 106(c)(2) of the National Security Act of 
    1947 (50 U.S.C. 403-6(c)(2)) is amended by adding at the end the 
    following new subparagraph:
        ``(C) The Assistant Attorney General designated as the 
    Assistant Attorney General for National Security under section 507A 
    of title 28, United States Code.''.
        (5) Authority to act for attorney general under foreign 
    intelligence surveillance act of 1978.--Section 101(g) of the 
    Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801(g)) 
    is amended by striking ``or the Deputy Attorney General'' and 
    inserting ``, the Deputy Attorney General, or, upon the designation 
    of the Attorney General, the Assistant Attorney General designated 
    as the Assistant Attorney General for National Security under 
    section 507A of title 28, United States Code''.
        (6) Authorization for interception of communications.--Section 
    2516(1) of title 18, United States Code, is amended by inserting 
    ``or National Security Division'' after ``the Criminal Division''.
        (7) Authority to act for attorney general in matters involving 
    witness relocation or protection.--Section 3521(d)(3) of title 18, 
    United States Code, is amended by striking ``to the Assistant 
    Attorney General in charge of the Criminal Division of the 
    Department of Justice'' and inserting ``to any Assistant Attorney 
    General in charge of the Criminal Division or National Security 
    Division of the Department of Justice''.
        (8) Prosecution of cases involving classified information.--
    Section 9A(a) of the Classified Information Procedures Act (18 
    U.S.C. App.) is amended by inserting ``or the Assistant Attorney 
    General for National Security, as appropriate,'' after ``Assistant 
    Attorney General for the Criminal Division''.
        (9) Intelligence and national security aspects of espionage 
    prosecution.--Section 341(b) of the Intelligence Authorization Act 
    for Fiscal Year 2004 (28 U.S.C. 519 note) is amended by striking 
    ``acting through the Office of Intelligence Policy and Review of 
    the Department of Justice'' and inserting ``acting through the 
    Assistant Attorney General for National Security''.
        (10) Certifications for certain undercover foreign intelligence 
    and counterintelligence investigative operations.--Section 
    102(b)(1) of Public Law 102-395 (28 U.S.C. 533 note) is amended by 
    striking ``Counsel for Intelligence Policy'' and inserting 
    ``Assistant Attorney General for National Security''.
        (11) Inclusion in federal law enforcement community for 
    emergency federal law enforcements assistance purposes.--Section 
    609N(2) of the Justice Assistance Act of 1984 (42 U.S.C. 10502(2)) 
    is amended--
            (A) by redesignating subparagraphs (L) and (M) as 
        subparagraphs (M) and (N), respectively; and
            (B) by inserting after subparagraph (K) the following new 
        subparagraph (L):
            ``(L) the National Security Division of the Department of 
        Justice,''.
    (b) National Security Division of Department of Justice.--
        (1) In general.--Chapter 31 of title 28, United States Code, is 
    further amended by inserting after section 509 the following new 
    section:

``Sec. 509A. National Security Division

    ``(a) There is a National Security Division of the Department of 
Justice.
    ``(b) The National Security Division shall consist of the elements 
of the Department of Justice (other than the Federal Bureau of 
Investigation) engaged primarily in support of the intelligence and 
intelligence-related activities of the United States Government, 
including the following:
        ``(1) The Assistant Attorney General designated as the 
    Assistant Attorney General for National Security under section 507A 
    of this title.
        ``(2) The Office of Intelligence Policy and Review (or any 
    successor organization).
        ``(3) The counterterrorism section (or any successor 
    organization).
        ``(4) The counterespionage section (or any successor 
    organization).
        ``(5) Any other element, component, or office designated by the 
    Attorney General.''.
        (2) Prohibition on political activity.--Section 7323(b)(3) of 
    title 5, United States Code, is amended by inserting ``or National 
    Security Division'' after ``Criminal Division''.
    (c) Clerical Amendments.--The table of sections at the beginning of 
chapter 31 of title 28, United States Code, is amended--
        (1) by inserting after the item relating to section 507 the 
    following new item:

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

    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.''.

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.--
        (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.
            ``(F) Inapplicability of requirements to certain sales.--
        Subparagraph (A) does not apply to the sale at retail of a 
        scheduled listed chemical product if a report on the sales 
        transaction is required to be submitted to the Attorney General 
        under subsection (b)(3).
            ``(G) Certain measures regarding theft and diversion.--A 
        regulated seller may take reasonable measures to guard against 
        employing individuals who may present a risk with respect to 
        the theft and diversion of scheduled listed chemical products, 
        which may include, notwithstanding State law, asking applicants 
        for employment whether they have been convicted of any crime 
        involving or related to such products or controlled 
        substances.''.
        (2) Effective dates.--With respect to subsections (d) and 
    (e)(1) of section 310 of the Controlled Substances Act, as added by 
    paragraph (1) of this subsection:
            (A) Such subsection (d) applies on and after the expiration 
        of the 30-day period beginning on the date of the enactment of 
        this Act.
            (B) Such subsection (e)(1) applies on and after September 
        30, 2006.
    (c) Mail-Order Reporting.--
        (1) In general.--Section 310(e) of the Controlled Substances 
    Act, as added by subsection (b)(1) of this section, is amended by 
    adding at the end the following:
        ``(2) Mail-order reporting; verification of identity of 
    purchaser; 30-day restriction on quantities for individual 
    purchasers.--Each regulated person who makes a sale at retail of a 
    scheduled listed chemical product and is required under subsection 
    (b)(3) to submit a report of the sales transaction to the Attorney 
    General is subject to the following:
            ``(A) The person shall, prior to shipping the product, 
        confirm the identity of the purchaser in accordance with 
        procedures established by the Attorney General. The Attorney 
        General shall by regulation establish such procedures.
            ``(B) The person may not sell more than 7.5 grams of 
        ephedrine base, pseudoephedrine base, or phenylpropanolamine 
        base in such products per customer during a 30-day period.''.
        (2) Inapplicability of reporting exemption for retail 
    distributors.--Section 310(b)(3)(D)(ii) of the Controlled 
    Substances Act (21 U.S.C. 830(b)(3)(D)(ii)) is amended by inserting 
    before the period the following: ``, except that this clause does 
    not apply to sales of scheduled listed chemical products at 
    retail''.
        (3) Effective date.--The amendments made by paragraphs (1) and 
    (2) apply on and after the expiration of the 30-day period 
    beginning on the date of the enactment of this Act.
    (d) Exemptions for Certain Products.--Section 310(e) of the 
Controlled Substances Act, as added and amended by subsections (b) and 
(c) of this section, respectively, is amended by adding at the end the 
following paragraph:
        ``(3) Exemptions for certain products.--Upon the application of 
    a manufacturer of a scheduled listed chemical product, the Attorney 
    General may by regulation provide that the product is exempt from 
    the provisions of subsection (d) and paragraphs (1) and (2) of this 
    subsection if the Attorney General determines that the product 
    cannot be used in the illicit manufacture of methamphetamine.''.
    (e) Restrictions on Quantity Purchased During 30-Day Period.--
        (1) In general.--Section 404(a) of the Controlled Substances 
    Act (21 U.S.C. 844(a)) is amended by inserting after the second 
    sentence the following: ``It shall be unlawful for any person to 
    knowingly or intentionally purchase at retail during a 30 day 
    period more than 9 grams of ephedrine base, pseudoephedrine base, 
    or phenylpropanolamine base in a scheduled listed chemical product, 
    except that, of such 9 grams, not more than 7.5 grams may be 
    imported by means of shipping through any private or commercial 
    carrier or the Postal Service.''.
        (2) Effective date.--The amendment made by paragraph (1) 
    applies on and after the expiration of the 30-day period beginning 
    on the date of the enactment of this Act.
    (f) Enforcement of Requirements for Retail Sales.--
        (1) Civil and criminal penalties.--
            (A) In general.--Section 402(a) of the Controlled 
        Substances Act (21 U.S.C. 842(a)) is amended--
                (i) in paragraph (10), by striking ``or'' after the 
            semicolon;
                (ii) in paragraph (11), by striking the period at the 
            end and inserting a semicolon; and
                (iii) by inserting after paragraph (11) the following 
            paragraphs:
        ``(12) who is a regulated seller, or a distributor required to 
    submit reports under subsection (b)(3) of section 310--
            ``(A) to sell at retail a scheduled listed chemical product 
        in violation of paragraph (1) of subsection (d) of such 
        section, knowing at the time of the transaction involved 
        (independent of consulting the logbook under subsection 
        (e)(1)(A)(iii) of such section) that the transaction is a 
        violation; or
            ``(B) to knowingly or recklessly sell at retail such a 
        product in violation of paragraph (2) of such subsection (d);
        ``(13) who is a regulated seller to knowingly or recklessly 
    sell at retail a scheduled listed chemical product in violation of 
    subsection (e) of such section; or
        ``(14) who is a regulated seller or an employee or agent of 
    such seller to disclose, in violation of regulations under 
    subparagraph (C) of section 310(e)(1), information in logbooks 
    under subparagraph (A)(iii) of such section, or to refuse to 
    provide such a logbook to Federal, State, or local law enforcement 
    authorities.''.
            (B) Conforming amendment.--Section 401(f)(1) of the 
        Controlled Substances Act (21 U.S.C. 841(f)(1)) is amended by 
        inserting after ``shall'' the following: ``, except to the 
        extent that paragraph (12), (13), or (14) of section 402(a) 
        applies,''.
        (2) Authority to prohibit sales by violators.--Section 402(c) 
    of the Controlled Substances Act (21 U.S.C. 842(c)) is amended by 
    adding at the end the following paragraph:
    ``(4)(A) If a regulated seller, or a distributor required to submit 
reports under section 310(b)(3), violates paragraph (12) of subsection 
(a) of this section, or if a regulated seller violates paragraph (13) 
of such subsection, the Attorney General may by order prohibit such 
seller or distributor (as the case may be) from selling any scheduled 
listed chemical product. Any sale of such a product in violation of 
such an order is subject to the same penalties as apply under paragraph 
(2).
    ``(B) An order under subparagraph (A) may be imposed only through 
the same procedures as apply under section 304(c) for an order to show 
cause.''.
    (g) Preservation of State Authority to Regulate Scheduled Listed 
Chemicals.--This section and the amendments made by this section may 
not be construed as having any legal effect on section 708 of the 
Controlled Substances Act as applied to the regulation of scheduled 
listed chemicals (as defined in section 102(45) of such Act).

SEC. 712. REGULATED TRANSACTIONS.

    (a) Conforming Amendments Regarding Scheduled Listed Chemicals.--
The Controlled Substances Act (21 U.S.C. 801 et seq.) is amended--
        (1) in section 102--
            (A) in paragraph (39)(A)--
                (i) by amending clause (iv) to read as follows:
            ``(iv) any transaction in a listed chemical that is 
        contained in a drug that may be marketed or distributed 
        lawfully in the United States under the Federal Food, Drug, and 
        Cosmetic Act, subject to clause (v), unless--
                ``(I) the Attorney General has determined under section 
            204 that the drug or group of drugs is being diverted to 
            obtain the listed chemical for use in the illicit 
            production of a controlled substance; and
                ``(II) the quantity of the listed chemical contained in 
            the drug included in the transaction or multiple 
            transactions equals or exceeds the threshold established 
            for that chemical by the Attorney General;'';
                (ii) by redesignating clause (v) as clause (vi); and
                (iii) by inserting after clause (iv) the following 
            clause:
            ``(v) any transaction in a scheduled listed chemical 
        product that is a sale at retail by a regulated seller or a 
        distributor required to submit reports under section 310(b)(3); 
        or''; and
            (B) by striking the paragraph (45) that relates to the term 
        ``ordinary over-the-counter pseudoephedrine or 
        phenylpropanolamine product'';
        (2) in section 204, by striking subsection (e); and
        (3) in section 303(h), in the second sentence, by striking 
    ``section 102(39)(A)(iv)'' and inserting ``clause (iv) or (v) of 
    section 102(39)(A)''.
    (b) Public Law 104-237.--Section 401 of the Comprehensive 
Methamphetamine Control Act of 1996 (21 U.S.C. 802 note) (Public Law 
104-237) is amended by striking subsections (d), (e), and (f).

SEC. 713. AUTHORITY TO ESTABLISH PRODUCTION QUOTAS.

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

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

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

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

    Section 1002 of the Controlled Substances Import and Export Act (21 
U.S.C. 952) is amended--
        (1) in subsection (a)--
            (A) in the matter preceding paragraph (1), by inserting 
        ``or ephedrine, pseudoephedrine, or phenylpropanolamine,'' 
        after ``schedule III, IV, or V of title II,''; and
            (B) in paragraph (1), by inserting ``, and of ephedrine, 
        pseudoephedrine, and phenylpropanolamine, '' after ``coca 
        leaves''; and
        (2) by adding at the end the following subsections:
    ``(d)(1) With respect to a registrant under section 1008 who is 
authorized under subsection (a)(1) to import ephedrine, 
pseudoephedrine, or phenylpropanolamine, at any time during the year 
the registrant may apply for an increase in the amount of such chemical 
that the registrant is authorized to import, and the Attorney General 
may approve the application if the Attorney General determines that the 
approval is necessary to provide for medical, scientific, or other 
legitimate purposes regarding the chemical.
    ``(2) With respect to the application under paragraph (1):
        ``(A) Not later than 60 days after receiving the application, 
    the Attorney General shall approve or deny the application.
        ``(B) In approving the application, the Attorney General shall 
    specify the period of time for which the approval is in effect, or 
    shall provide that the approval is effective until the registrant 
    involved is notified in writing by the Attorney General that the 
    approval is terminated.
        ``(C) If the Attorney General does not approve or deny the 
    application before the expiration of the 60-day period under 
    subparagraph (A), the application is deemed to be approved, and 
    such approval remains in effect until the Attorney General notifies 
    the registrant in writing that the approval is terminated.
    ``(e) Each reference in this section to ephedrine, pseudoephedrine, 
or phenylpropanolamine includes each of the salts, optical isomers, and 
salts of optical isomers of such chemical.''.

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

    (a) In General.--Section 1018 of the Controlled Substances Import 
and Export Act (21 U.S.C. 971) is amended--
        (1) in subsection (b)(1), in the first sentence, by striking 
    ``or to an importation by a regular importer'' and inserting ``or 
    to a transaction that is an importation by a regular importer'';
        (2) by redesignating subsections (d) and (e) as subsections (e) 
    and (f), respectively;
        (3) by inserting after subsection (c) the following subsection:
    ``(d)(1)(A) Information provided in a notice under subsection (a) 
or (b) shall include the name of the person to whom the importer or 
exporter involved intends to transfer the listed chemical involved, and 
the quantity of such chemical to be transferred.
    ``(B) In the case of a notice under subsection (b) submitted by a 
regular importer, if the transferee identified in the notice is not a 
regular customer, such importer may not transfer the listed chemical 
until after the expiration of the 15-day period beginning on the date 
on which the notice is submitted to the Attorney General.
    ``(C) After a notice under subsection (a) or (b) is submitted to 
the Attorney General, if circumstances change and the importer or 
exporter will not be transferring the listed chemical to the transferee 
identified in the notice, or will be transferring a greater quantity of 
the chemical than specified in the notice, the importer or exporter 
shall update the notice to identify the most recent prospective 
transferee or the most recent quantity or both (as the case may be) and 
may not transfer the listed chemical until after the expiration of the 
15-day period beginning on the date on which the update is submitted to 
the Attorney General, except that such 15-day restriction does not 
apply if the prospective transferee identified in the update is a 
regular customer. The preceding sentence applies with respect to 
changing circumstances regarding a transferee or quantity identified in 
an update to the same extent and in the same manner as such sentence 
applies with respect to changing circumstances regarding a transferee 
or quantity identified in the original notice under subsection (a) or 
(b).
    ``(D) In the case of a transfer of a listed chemical that is 
subject to a 15-day restriction under subparagraph (B) or (C), the 
transferee involved shall, upon the expiration of the 15-day period, be 
considered to qualify as a regular customer, unless the Attorney 
General otherwise notifies the importer or exporter involved in 
writing.
    ``(2) With respect to a transfer of a listed chemical with which a 
notice or update referred to in paragraph (1) is concerned:
        ``(A) The Attorney General, in accordance with the same 
    procedures as apply under subsection (c)(2)--
            ``(i) may order the suspension of the transfer of the 
        listed chemical by the importer or exporter involved, except 
        for a transfer to a regular customer, on the ground that the 
        chemical may be diverted to the clandestine manufacture of a 
        controlled substance (without regard to the form of the 
        chemical that may be diverted, including the diversion of a 
        finished drug product to be manufactured from bulk chemicals to 
        be transferred), subject to the Attorney General ordering such 
        suspension before the expiration of the 15-day period referred 
        to in paragraph (1) with respect to the importation or 
        exportation (in any case in which such a period applies); and
            ``(ii) may, for purposes of clause (i) and paragraph (1), 
        disqualify a regular customer on such ground.
        ``(B) From and after the time when the Attorney General 
    provides written notice of the order under subparagraph (A) 
    (including a statement of the legal and factual basis for the 
    order) to the importer or exporter, the importer or exporter may 
    not carry out the transfer.
    ``(3) For purposes of this subsection:
        ``(A) The terms `importer' and `exporter' mean a regulated 
    person who imports or exports a listed chemical, respectively.
        ``(B) The term `transfer', with respect to a listed chemical, 
    includes the sale of the chemical.
        ``(C) The term `transferee' means a person to whom an importer 
    or exporter transfers a listed chemical.''; and
        (4) by adding at the end the following subsection:
    ``(g) Within 30 days after a transaction covered by this section is 
completed, the importer or exporter shall send the Attorney General a 
return declaration containing particulars of the transaction, including 
the date, quantity, chemical, container, name of transferees, and such 
other information as the Attorney General may specify in regulations. 
For importers, a single return declaration may include the particulars 
of both the importation and distribution. If the importer has not 
distributed all chemicals imported by the end of the initial 30-day 
period, the importer shall file supplemental return declarations no 
later than 30 days from the date of any further distribution, until the 
distribution or other disposition of all chemicals imported pursuant to 
the import notification or any update are accounted for.''.
    (b) Conforming Amendments.--
        (1) Controlled substances import and export act.--The 
    Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.) 
    is amended--
            (A) in section 1010(d)(5), by striking ``section 1018(e)(2) 
        or (3)'' and inserting ``paragraph (2) or (3) of section 
        1018(f)''; and
            (B) in section 1018(c)(1), in the first sentence, by 
        inserting before the period the following: ``(without regard to 
        the form of the chemical that may be diverted, including the 
        diversion of a finished drug product to be manufactured from 
        bulk chemicals to be transferred)''.
        (2) Controlled substances act.--Section 310(b)(3)(D)(v) of the 
    Controlled Substances Act (21 U.S.C. 830(b)(3)(D)(v)) is amended by 
    striking ``section 1018(e)(2)'' and inserting ``section 
    1018(f)(2)''.

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

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

SEC. 718. COORDINATION WITH UNITED STATES TRADE REPRESENTATIVE.

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

      Subtitle B--International Regulation of Precursor Chemicals

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

    Section 1018 of the Controlled Substances Import and Export Act (21 
U.S.C. 971), as amended by section 716(a)(4) of this title, is further 
amended by adding at the end the following subsection:
    ``(h)(1) With respect to a regulated person importing ephedrine, 
pseudoephedrine, or phenylpropanolamine (referred to in this section as 
an `importer'), a notice of importation under subsection (a) or (b) 
shall include all information known to the importer on the chain of 
distribution of such chemical from the manufacturer to the importer.
    ``(2) For the purpose of preventing or responding to the diversion 
of ephedrine, pseudoephedrine, or phenylpropanolamine for use in the 
illicit production of methamphetamine, the Attorney General may, in the 
case of any person who is a manufacturer or distributor of such 
chemical in the chain of distribution referred to in paragraph (1) 
(which person is referred to in this subsection as a `foreign-chain 
distributor'), request that such distributor provide to the Attorney 
General information known to the distributor on the distribution of the 
chemical, including sales.
    ``(3) If the Attorney General determines that a foreign-chain 
distributor is refusing to cooperate with the Attorney General in 
obtaining the information referred to in paragraph (2), the Attorney 
General may, in accordance with procedures that apply under subsection 
(c), issue an order prohibiting the importation of ephedrine, 
pseudoephedrine, or phenylpropanolamine in any case in which such 
distributor is part of the chain of distribution for such chemical. Not 
later than 60 days prior to issuing the order, the Attorney General 
shall publish in the Federal Register a notice of intent to issue the 
order. During such 60-day period, imports of the chemical with respect 
to such distributor may not be restricted under this paragraph.''.

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

    (a) Reporting Requirements.--Section 489(a) of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2291h(a)) is amended by adding at the 
end the following new paragraph:
        ``(8)(A) A separate section that contains the following:
            ``(i) An identification of the five countries that exported 
        the largest amount of pseudoephedrine, ephedrine, and 
        phenylpropanolamine (including the salts, optical isomers, or 
        salts of optical isomers of such chemicals, and also including 
        any products or substances containing such chemicals) during 
        the preceding calendar year.
            ``(ii) An identification of the five countries that 
        imported the largest amount of the chemicals described in 
        clause (i) during the preceding calendar year and have the 
        highest rate of diversion of such chemicals for use in the 
        illicit production of methamphetamine (either in that country 
        or in another country).
            ``(iii) An economic analysis of the total worldwide 
        production of the chemicals described in clause (i) as compared 
        to the legitimate demand for such chemicals worldwide.
        ``(B) The identification of countries that imported the largest 
    amount of chemicals under subparagraph (A)(ii) shall be based on 
    the following:
            ``(i) An economic analysis that estimates the legitimate 
        demand for such chemicals in such countries as compared to the 
        actual or estimated amount of such chemicals that is imported 
        into such countries.
            ``(ii) The best available data and other information 
        regarding the production of methamphetamine in such countries 
        and the diversion of such chemicals for use in the production 
        of methamphetamine.''.
    (b) Annual Certification Procedures.--Section 490(a) of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2291j(a)) is amended--
        (1) in paragraph (1), by striking ``major illicit drug 
    producing country or major drug-transit country'' and inserting 
    ``major illicit drug producing country, major drug-transit country, 
    or country identified pursuant to clause (i) or (ii) of section 
    489(a)(8)(A) of this Act''; and
        (2) in paragraph (2), by inserting after ``(as determined under 
    subsection (h))'' the following: ``or country identified pursuant 
    to clause (i) or (ii) of section 489(a)(8)(A) of this Act''.
    (c) Conforming Amendment.--Section 706 of the Foreign Relations 
Authorization Act, Fiscal Year 2003 (22 U.S.C. 2291j-1) is amended in 
paragraph (5) by adding at the end the following:
        ``(C) Nothing in this section shall affect the requirements of 
    section 490 of the Foreign Assistance Act of 1961 (22 U.S.C. 2291j) 
    with respect to countries identified pursuant to section clause (i) 
    or (ii) of 489(a)(8)(A) of the Foreign Assistance Act of 1961.''.
    (d) Plan to Address Diversion of Precursor Chemicals.--In the case 
of each country identified pursuant to clause (i) or (ii) of section 
489(a)(8)(A) of the Foreign Assistance Act of 1961 (as added by 
subsection (a)) with respect to which the President has not transmitted 
to Congress a certification under section 490(b) of such Act (22 U.S.C. 
2291j(b)), the Secretary of State, in consultation with the Attorney 
General, shall, not later than 180 days after the date on which the 
President transmits the report required by section 489(a) of such Act 
(22 U.S.C. 2291h(a)), submit to Congress a comprehensive plan to 
address the diversion of the chemicals described in section 
489(a)(8)(A)(i) of such Act to the illicit production of 
methamphetamine in such country or in another country, including the 
establishment, expansion, and enhancement of regulatory, law 
enforcement, and other investigative efforts to prevent such diversion.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of State to carry out this section 
$1,000,000 for each of the fiscal years 2006 and 2007.

SEC. 723. PREVENTION OF SMUGGLING OF METHAMPHETAMINE INTO THE UNITED 
              STATES FROM MEXICO.

    (a) In General.--The Secretary of State, acting through the 
Assistant Secretary of the Bureau for International Narcotics and Law 
Enforcement Affairs, shall take such actions as are necessary to 
prevent the smuggling of methamphetamine into the United States from 
Mexico.
    (b) Specific Actions.--In carrying out subsection (a), the 
Secretary shall--
        (1) improve bilateral efforts at the United States-Mexico 
    border to prevent the smuggling of methamphetamine into the United 
    States from Mexico;
        (2) seek to work with Mexican law enforcement authorities to 
    improve the ability of such authorities to combat the production 
    and trafficking of methamphetamine, including by providing 
    equipment and technical assistance, as appropriate; and
        (3) encourage the Government of Mexico to take immediate action 
    to reduce the diversion of pseudoephedrine by drug trafficking 
    organizations for the production and trafficking of 
    methamphetamine.
    (c) Report.--Not later than one year after the date of the 
enactment of this Act, and annually thereafter, the Secretary shall 
submit to the appropriate congressional committees a report on the 
implementation of this section for the prior year.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary to carry out this section $4,000,000 for 
each of the fiscal years 2006 and 2007.

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

SEC. 731. SMUGGLING METHAMPHETAMINE OR METHAMPHETAMINE PRECURSOR 
              CHEMICALS INTO THE UNITED STATES WHILE USING FACILITATED 
              ENTRY PROGRAMS.

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

SEC. 732. MANUFACTURING CONTROLLED SUBSTANCES ON FEDERAL PROPERTY.

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

SEC. 733. INCREASED PUNISHMENT FOR METHAMPHETAMINE KINGPINS.

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

SEC. 734. NEW CHILD-PROTECTION CRIMINAL ENHANCEMENT.

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

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

    ``Sec. 419a. Whoever violates section 401(a)(1) by manufacturing or 
distributing, or possessing with intent to manufacture or distribute, 
methamphetamine or its salts, isomers or salts of isomers on premises 
in which an individual who is under the age of 18 years is present or 
resides, shall, in addition to any other sentence imposed, be 
imprisoned for a period of any term of years but not more than 20 
years, subject to a fine, or both.''.
    (b) Clerical Amendment.--The table of contents of the Comprehensive 
Drug Abuse Prevention and Control Act of 1970 is amended by inserting 
after the item relating to section 419 the following new item:

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

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

    Section 994(w) of title 28, United States Code, is amended--
        (1) in paragraph (1)--
            (A) by inserting ``, in a format approved and required by 
        the Commission,'' after ``submits to the Commission'';
            (B) in subparagraph (B)--
                (i) by inserting ``written'' before ``statement of 
            reasons''; and
                (ii) by inserting ``and which shall be stated on the 
            written statement of reasons form issued by the Judicial 
            Conference and approved by the United States Sentencing 
            Commission'' after ``applicable guideline range''; and
            (C) by adding at the end the following:
``The information referred to in subparagraphs (A) through (F) shall be 
submitted by the sentencing court in a format approved and required by 
the Commission.''; and
        (2) in paragraph (4), by striking ``may assemble or maintain in 
    electronic form that include any'' and inserting ``itself may 
    assemble or maintain in electronic form as a result of the''.

SEC. 736. SEMIANNUAL REPORTS TO CONGRESS.

    (a) In General.--The Attorney General shall, on a semiannual basis, 
submit to the congressional committees and organizations specified in 
subsection (b) reports that--
        (1) describe the allocation of the resources of the Drug 
    Enforcement Administration and the Federal Bureau of Investigation 
    for the investigation and prosecution of alleged violations of the 
    Controlled Substances Act involving methamphetamine; and
        (2) the measures being taken to give priority in the allocation 
    of such resources to such violations involving--
            (A) persons alleged to have imported into the United States 
        substantial quantities of methamphetamine or scheduled listed 
        chemicals (as defined pursuant to the amendment made by section 
        711(a)(1));
            (B) persons alleged to have manufactured methamphetamine; 
        and
            (C) circumstances in which the violations have endangered 
        children.
    (b) Congressional Committees.--The congressional committees and 
organizations referred to in subsection (a) are--
        (1) in the House of Representatives, the Committee on the 
    Judiciary, the Committee on Energy and Commerce, and the Committee 
    on Government Reform; and
        (2) in the Senate, the Committee on the Judiciary, the 
    Committee on Commerce, Science, and Transportation, and the Caucus 
    on International Narcotics Control.

   Subtitle D--Enhanced Environmental Regulation of Methamphetamine 
                               Byproducts

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

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

SEC. 742. METHAMPHETAMINE PRODUCTION REPORT.

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

SEC. 743. CLEANUP COSTS.

    (a) In General.--Section 413(q) of the Controlled Substances Act 
(21 U.S.C. 853(q)) is amended--
        (1) in the matter preceding paragraph (1), by inserting ``, the 
    possession, or the possession with intent to distribute,'' after 
    ``manufacture''; and
        (2) in paragraph (2), by inserting ``, or on premises or in 
    property that the defendant owns, resides, or does business in'' 
    after ``by the defendant''.
    (b) Savings Clause.--Nothing in this section shall be interpreted 
or construed to amend, alter, or otherwise affect the obligations, 
liabilities and other responsibilities of any person under any Federal 
or State environmental laws.

             Subtitle E--Additional Programs and Activities

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

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

SEC. 752. DRUG COURTS FUNDING.

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

SEC. 753. FEASIBILITY STUDY ON FEDERAL DRUG COURTS.

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

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

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

             ``PART II--CONFRONTING USE OF METHAMPHETAMINE

``SEC. 2996. AUTHORITY TO MAKE GRANTS TO ADDRESS PUBLIC SAFETY AND 
              METHAMPHETAMINE MANUFACTURING, SALE, AND USE IN HOT 
              SPOTS.

    ``(a) Purpose and Program Authority.--
        ``(1) Purpose.--It is the purpose of this part to assist 
    States--
            ``(A) to carry out programs to address the manufacture, 
        sale, and use of methamphetamine drugs; and
            ``(B) to improve the ability of State and local government 
        institutions of to carry out such programs.
        ``(2) Grant authorization.--The Attorney General, through the 
    Bureau of Justice Assistance in the Office of Justice Programs may 
    make grants to States to address the manufacture, sale, and use of 
    methamphetamine to enhance public safety.
        ``(3) Grant projects to address methamphetamine manufacture 
    sale and use.--Grants made under subsection (a) may be used for 
    programs, projects, and other activities to--
            ``(A) investigate, arrest and prosecute individuals 
        violating laws related to the use, manufacture, or sale of 
        methamphetamine;
            ``(B) reimburse the Drug Enforcement Administration for 
        expenses related to the 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 use of methamphetamine or 
        methamphetamine and other drugs by pregnant and parenting women 
        offenders to promote family stability and permanence.
            (B) A description of the nature and the extent of the 
        problem of methamphetamine use by pregnant and parenting women 
        offenders.
            (C) A certification that the State has involved counties 
        and other units of local government, when appropriate, in the 
        development, expansion, modification, operation or improvement 
        of proposed programs to address the use, manufacture, or sale 
        of methamphetamine.
            (D) A certification that funds received under this section 
        will be used to supplement, not supplant, other Federal, State, 
        and local funds.
            (E) A description of clinically appropriate practices and 
        procedures to--
                (i) screen and assess pregnant and parenting women 
            offenders for addiction to methamphetamine and other drugs;
                (ii) when clinically appropriate for both the women and 
            children, provide family treatment for pregnant and 
            parenting women offenders, with clinically appropriate 
            services in the same location to promote family permanence 
            and self sufficiency; and
                (iii) provide for a process to enhance or ensure the 
            abilities of the child welfare agency, criminal justice 
            agency and State substance agency to work together to re-
            unite families when appropriate in the case where family 
            treatment is not provided.
    (d) Period of Grant.--The grant shall be a three-year grant. 
Successful applicants may reapply for only one additional three-year 
funding cycle and the Attorney General may approve such applications.
    (e) Performance Accountability; Reports and Evaluations.--
        (1) Reports.--Successful applicants shall submit to the 
    Attorney General a report on the activities carried out under the 
    grant at the end of each fiscal year.
        (2) Evaluations.--Not later than 12 months at the end of the 3 
    year funding cycle under this section, the Attorney General shall 
    submit a report to the appropriate committees of jurisdiction that 
    summarizes the results of the evaluations conducted by recipients 
    and recommendations for further legislative action.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as may be necessary.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
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