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[House Report 109-333]
[From the U.S. Government Publishing Office]

109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    109-333

======================================================================

 
        USA PATRIOT IMPROVEMENT AND REAUTHORIZATION ACT OF 2005

                                _______
                                

                December 8, 2005.--Ordered to be printed

                                _______
                                

  Mr. Sensenbrenner, from the committee of conference, submitted the 
                               following

                           CONFERENCE REPORT

                        [To accompany H.R. 3199]

      The committee of conference on the disagreeing votes of 
the two Houses on the amendment of the Senate to the bill (H.R. 
3199), to extend and modify authorities needed to combat 
terrorism, and for other purposes, having met, after full and 
free conference, have agreed to recommend and do recommend to 
their respective Houses as follows:
      That the House recede from its disagreement to the 
amendment of the Senate and agree to the same with an amendment 
as follows:
      In lieu of the matter proposed to be inserted by the 
Senate amendment, insert the following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

Sec. 1. Short title; table of contents.

        TITLE I--USA PATRIOT IMPROVEMENT AND REAUTHORIZATION ACT

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

              TITLE II--TERRORIST DEATH PENALTY ENHANCEMENT

Sec. 201. Short title.

             Subtitle A--Terrorist penalties enhancement Act

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

              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 StrengtheningAmerica 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 shallenter an ex parte 
order as requested, or as modified, approving the release of tangible 
things. Such order shall direct that minimization procedures adopted 
pursuant to subsection (g) be followed.''.
    (d) Additional Protections.--Subsection (c)(2) of such 
section is amended to read as follows:
            ``(2) An order under this subsection--
                    ``(A) shall describe the tangible things 
                that are ordered to be produced with sufficient 
                particularity to permit them to be fairly 
                identified;
                    ``(B) shall include the date on which the 
                tangible things must be provided, which shall 
                allow a reasonable period of time within which 
                the tangible things can be assembled and made 
                available;
                    ``(C) shall provide clear and conspicuous 
                notice of the principles and procedures 
                described in subsection (d);
                    ``(D) may only require the production of a 
                tangible thing if such thing can be obtained 
                with a subpoena duces tecum issued by a court 
                of the United States in aid of a grand jury 
                investigation or with any other order issued by 
                a court of the United States directing the 
                production of records or tangible things; and
                    ``(E) shall not disclose that such order is 
                issued for purposes of an investigation 
                described in subsection (a).''.
    (e) Prohibition on Disclosure.--Subsection (d) of such 
section is amended to read as follows:
    ``(d)(1) No person shall disclose to any other person that 
the Federal Bureau of Investigation has sought or obtained 
tangible things pursuant to an order under this section, other 
than to--
            ``(A) those persons to whom disclosure is necessary 
        to comply with such order;
            ``(B) an attorney to obtain legal advice or 
        assistance with respect to the production of things in 
        response to the order; or
            ``(C) other persons as permitted by the Director of 
        the Federal Bureau of Investigation or the designee of 
        the Director.
    ``(2)(A) A person to whom disclosure is made pursuant to 
paragraph (1) shall be subject to the nondisclosure 
requirements applicable to a person to whom an order is 
directed under this section in the same manner as such person.
            ``(B) Any person who discloses to a person 
        described in subparagraphs (A), (B), or (C) of 
        paragraph (1) that the Federal Bureau of 
Investigationhas 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.''.

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

    (a) Audit.--The Inspector General of the Department of 
Justice shall perform a comprehensive audit of the 
effectiveness and use, including any improper or illegal use, 
of the investigative authority provided to the Federal Bureau 
of Investigation under title V of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1861 et seq.).
    (b) Requirements.--The audit required under subsection (a) 
shall include--
            (1) an examination of each instance in which the 
        Attorney General, any other officer, employee, or agent 
        of the Department of Justice, the Director of the 
        Federal Bureau of Investigation, or a designee of the 
        Director, submitted an application to the Foreign 
        Intelligence Surveillance Court (as such term is 
        defined in section 301(3) of the Foreign Intelligence 
        Surveillance Act of 1978 (50 U.S.C. 1821(3))) for an 
        order under section 501 of such Act during the calendar 
        years of 2002 through 2006, including--
                    (A) whether the Federal Bureau of 
                Investigation requested that the Department of 
                Justice submit an application and the request 
                was not submitted to the court (including an 
                examination of the basis for not submitting the 
                application);
                    (B) whether the court granted, modified, or 
                denied the application (including an 
                examination of the basis for any modification 
                or denial);
            (2) the justification for the failure of the 
        Attorney General to issue implementing procedures 
        governing requests for the production of tangible 
        things under such section in a timely fashion, 
        including whether such delay harmed national security;
            (3) whether bureaucratic or procedural impediments 
        to the use of such requests for production prevent the 
        Federal Bureau of Investigation from taking full 
        advantage of the authorities provided under section 501 
        of such Act;
            (4) any noteworthy facts or circumstances relating 
        to orders under such section, including any improper or 
        illegal use of the authority provided under such 
        section; and
            (5) an examination of the effectiveness of such 
        section as an investigative tool, including--
                    (A) the categories of records obtained and 
                the importance of the information acquired to 
                the intelligence activities of the Federal 
                Bureau of Investigation or any other Department 
                or agency of the Federal Government;
                    (B) the manner in which such information is 
                collected, retained, analyzed, and disseminated 
                by the Federal Bureau of Investigation, 
                including any direct access to such information 
                (such as access to ``raw data'') provided to 
                any other Department, agency, or 
                instrumentality of Federal, State, local, or 
                tribal governments or any private sector 
                entity;
                    (C) with respect to calendar year 2006, an 
                examination of the minimization procedures 
                adopted by the Attorney General under section 
                501(g) of such Act and whether such 
                minimization procedures protect the 
                constitutional rights of United States persons;
                    (D) whether, and how often, the Federal 
                Bureau of Investigation utilized information 
                acquired pursuant to an order under section 501 
                of such Act to produce an analytical 
                intelligence product for distribution within 
                the Federal Bureau of Investigation, to the 
                intelligence community (as such term is defined 
                in section 3(4) of the National Security Act of 
                1947 (50 U.S.C. 401a(4))), or to other Federal, 
                State, local, or tribal government Departments, 
                agencies, or instrumentalities; and
                    (E) whether, and how often, the Federal 
                Bureau of Investigation provided such 
                information to law enforcement authorities for 
                use in criminal proceedings.
    (c) Submission Dates.--
            (1) Prior years.--Not later than one year after the 
        date of the enactment of this Act, or upon completion 
        of the audit under this section for calendar years 
        2002, 2003, and 2004, whichever is earlier, the 
        Inspector General of the Department of Justice shall 
        submit to the Committee on the Judiciary and the 
        Permanent Select Committee on Intelligence of the House 
        of Representatives and the Committee on the Judiciary 
        and the Select Committee on Intelligence of the Senate 
        a report containing the results of the audit conducted 
        under this section for calendar years 2002, 2003, and 
        2004.
            (2) Calendar years 2005 and 2006.--Not later than 
        December 31, 2007, or upon completion of the audit 
        under this section for calendar years 2005 and 2006, 
        whichever is earlier, the Inspector General of the 
        Department of Justice shall submit to the Committee on 
        the Judiciary and the Permanent Select Committee on 
        Intelligence of the House of Representatives and the 
        Committee on the Judiciary and the Select Committee on 
        Intelligence of the Senate a report containing the 
        results of the audit conducted under this section for 
        calendar years 2005 and 2006.
    (d) Prior Notice to Attorney General and Director of 
National Intelligence; Comments.--
            (1) Notice.--Not less than 30 days before the 
        submission of a report under subsections (c)(1) or 
        (c)(2), the Inspector General of the Department of 
        Justice shall provide such report to the Attorney 
        General and the Director of National Intelligence.
            (2) Comments.--The Attorney General or the Director 
        of National Intelligence may provide comments to be 
        included in the reports submitted under subsections 
        (c)(1) and (c)(2) as the Attorney General or the 
        Director of National Intelligence may consider 
        necessary.
    (e) Unclassified Form.--The reports submitted under 
subsection (c)(1) and (c)(2) and any comments included under 
subsection (d)(2) shall be in unclassified form, but may 
include a classified annex.

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

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

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

    (a) Inclusion of Specific Facts in Application.--
            (1) Application.--Section 104(a)(3) of the Foreign 
        Intelligence Surveillance Act of 1978 (50 U.S.C. 
        1804(a)(3)) is amended by inserting ``specific'' after 
        ``description of the''.
            (2) Order.--Subsection (c) of section 105 of the 
        Foreign Intelligence Surveillance Act of 1978 (50 
        U.S.C. 1805(c)) is amended--
                    (A) in paragraph (1)(A) by striking 
                ``target of the electronic surveillance'' and 
                inserting ``specific target of the electronic 
                surveillance identified or described in the 
                application pursuant to section 104(a)(3)''; 
                and
                    (B) in paragraph (2)(B), by striking 
                ``where the Court finds'' and inserting ``where 
                the Court finds, based upon specific facts 
                provided in the application,''.
    (b) Additional Directions.--Such subsection is further 
amended--
            (1) by striking ``An order approving'' and all that 
        follows through ``specify'' and inserting ``(1) 
        specifications.--An order approving an electronic 
        surveillance under this section shall specify'';
            (2) in paragraph (1)(F), by striking ``; and'' and 
        inserting a period;
            (3) in paragraph (2), by striking ``direct'' and 
        inserting ``Directions.--An order approving an 
        electronic surveillance under this section shall 
        direct''; and
            (4) by adding at the end the following new 
        paragraph:
            ``(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, 
ormaintaining railroad on-track equipment or a mass transportation 
vehicle;
            ``(7) commits an act, including the use of a 
        dangerous weapon, with the intent to cause death or 
        serious bodily injury to any person who is on property 
        described in subparagraph (A) or (B) of paragraph (4);
            ``(8) surveils, photographs, videotapes, diagrams, 
        or otherwise collects information with the intent to 
        plan or assist in planning any of the acts described in 
        the paragraphs (1) through (6);
            ``(9) conveys false information, knowing the 
        information to be false, concerning an attempt or 
        alleged attempt to engage in a violation of this 
        subsection; or
            ``(10) attempts, threatens, or conspires to engage 
        in any violation of any of paragraphs (1) through (9),

 shall be fined under this title or imprisoned not more than 20 
years, or both, and if the offense results in the death of any 
person, shall be imprisoned for any term of years or for life, 
or subject to death, except in the case of a violation of 
paragraphs (8), (9), or (10).
    ``(b) Aggravated Offense.--Whoever commits an offense under 
subsection (a) of this section in a circumstance in which--
            ``(1) the railroad on-track equipment or mass 
        transportation vehicle was carrying a passenger or 
        employee at the time of the offense,
            ``(2) the railroad on-track equipment or mass 
        transportation vehicle was carrying high-level 
        radioactive waste or spent nuclear fuel at the time of 
        the offense, or
            ``(3) the offense was committed with the intent to 
        endanger the safety of any person, or with a reckless 
        disregard for the safety of any person, and the 
        railroad on-track equipment or mass transportation 
        vehicle was carrying a hazardous material at the time 
        of the offense that--
                    ``(A) was required to be placarded under 
                subpart F of part 172 of title 49, Code of 
                Federal Regulations, and
                    ``(B) is identified as class number 3, 4, 
                5, 6.1, or 8 and packing group I or packing 
                group II, or class number 1, 2, or 7 under the 
                hazardous materials table of section 172.101 of 
                title 49, Code of Federal Regulations,

shall be fined under this title or imprisoned for any term of 
years or life, or both, and if the offense resulted in the 
death of any person, the person may be sentenced to death.
    ``(c) Circumstances Required for Offense.--A circumstance 
referred to in subsection (a) is any of the following:
            ``(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
            (3) by inserting after section 3510 the following:

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

    ``(a) The recipient of a request for records, a report, or 
other information under section 2709(b) of this title, section 
626(a) or (b) or 627(a) of the Fair Credit Reporting Act, 
section 1114(a)(5)(A) of the Right to Financial Privacy Act, or 
section 802(a) of the National Security Act of 1947 may, in the 
United States district court for the district in which that 
person or entity does business or resides, petition for an 
order modifying or setting aside the request. The court may 
modify or set aside the request if compliance would be 
unreasonable, oppressive, or otherwise unlawful.
    ``(b)(1) The recipient of a request for records, a report, 
or other information under section 2709(b) of this title, 
section 626(a) or (b) or 627(a) of the Fair Credit Reporting 
Act, section 1114(a)(5)(A) of the Right to Financial Privacy 
Act, or section 802(a) of the National Security Act of 1947, 
may petition any court described in subsection (a) for an order 
modifying or setting aside a nondisclosure requirement imposed 
in connection with such a request.
    ``(2) If the petition is filed within one year of the 
request for records, a report, or other information under 
section 2709(b) of this title, section 626(a) or (b) or 627(a) 
of the Fair Credit Reporting Act, section 1114(a)(5)(A) of the 
Right to Financial Privacy Act, or section 802(a) of the 
National Security Act of 1947, the court may modify or set 
aside such a nondisclosure requirement if it finds that there 
is no reason to believe that disclosure may endanger the 
national security of the United States, interfere with a 
criminal, counterterrorism, or counterintelligence 
investigation, interfere with diplomatic relations, or endanger 
the life or physical safety of any person. If, at the time of 
the petition, the Attorney General, Deputy Attorney General, an 
Assistant Attorney General, or the Director of the Federal 
Bureau of Investigation, or in the case of a request by a 
department, agency, or instrumentality of the Federal 
Government other than the Department of Justice, the head or 
deputy head of such department, agency, or instrumentality, 
certifies that disclosure may endanger the national security of 
the United States or interfere with diplomatic relations, such 
certification shall be treated as conclusive unless the court 
finds that the certification was made in bad faith.
    ``(3) If the petition is filed one year or more after the 
request for records, a report, or other information under 
section 2709(b) of this title, section 626(a) or (b) or 627(a) 
of the Fair Credit Reporting Act, section 1114 (a)(5)(A) of the 
Right to Financial Privacy Act, or section 802(a) of the 
National Security Act of 1947, the Attorney General, Deputy 
Attorney General, an Assistant Attorney General, or the 
Director of the Federal Bureau of Investigation, or his 
designee in a position not lower than Deputy Assistant Director 
at Bureau headquarters or a Special Agent in Charge in a Bureau 
field office designated by the Director, or in the case of a 
request by a department, agency, or instrumentality of the 
Federal Government other than the Federal Bureau of 
Investigation, the head or deputy head of such department, 
agency, or instrumentality, within ninety days of the filing of 
the petition, shall either terminate the nondisclosure 
requirement or re-certify that disclosure may result in a 
danger to the national security of the United States, 
interference with a criminal, counterterrorism, or 
counterintelligence investigation, interference with diplomatic 
relations, or danger to the life or physical safety of any 
person. In the event of re-certification, the court may modify 
or set aside such a nondisclosure requirement if it finds that 
there is no reason to believe that disclosure may endanger the 
national security of the United States, interfere with a 
criminal, counterterrorism, or counterintelligence 
investigation, interfere with diplomatic relations, or endanger 
the life or physical safety of any person. If the 
recertification that disclosure may endanger the national 
security of the United States or interfere with diplomatic 
relations is made by the Attorney General, Deputy Attorney 
General, an Assistant Attorney General, or the Director of the 
Federal Bureau of Investigation, such certification shall be 
treated as conclusive unless the court finds that the 
recertification was made in bad faith. If the court denies a 
petition for an order modifying or setting aside a 
nondisclosure requirement under this paragraph, the recipient 
shall be precluded for a period of one year from filing another 
petition to modify or set aside such nondisclosure requirement.
    ``(c) In the case of a failure to comply with a request for 
records, a report, or other information made to anyperson 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 disclosurewas 
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 626(c) of the Fair Credit Reporting Act (15 
U.S.C. 1681v(c)) is amended to read:
    ``(c) Confidentiality.--
            ``(1) If the head of a government agency authorized 
        to conduct investigations of intelligence or 
        counterintelligence activities or analysis related to 
        international terrorism, or his designee, certifies 
        that otherwise there may result a danger to the 
        national security of the United States, interference 
        with a criminal, counterterrorism, or 
        counterintelligence investigation, interference with 
        diplomatic relations, or danger to the life or physical 
        safety of any person, no consumer reporting agency or 
        officer, employee, or agent of such consumer reporting 
        agency, shall disclose to any person (other than those 
        to whom such disclosure is necessary to comply with the 
        request or an attorney to obtain legal advice or legal 
        assistance with respect to the request), or specify in 
        any consumer report, that a government agency has 
        sought or obtained access to information under 
        subsection (a).
            ``(2) The request shall notify the person or entity 
        to whom the request is directed of the nondisclosure 
        requirement under paragraph (1).
            ``(3) Any recipient disclosing to those persons 
        necessary to comply with the request or to any attorney 
        to obtain legal advice or legal assistance with respect 
        to the request shall inform such persons of any 
        applicable nondisclosure requirement. Any person who 
        receives a disclosure under this subsection shall be 
        subject to the same prohibitions on disclosure under 
        paragraph (1).
            ``(4) At the request of the authorized Government 
        agency, any person making or intending to make a 
        disclosure under this section shall identify to the 
        requesting official of the authorized Government agency 
        the person to whom such disclosure will be made or to 
        whom such disclosure was made prior to the request, but 
        in no circumstance shall a person be required to inform 
        such requesting official that the person intends to 
        consult an attorney to obtain legal advice or legal 
        assistance.''.
    (d) Section 1114(a)(3) of the Right to Financial Privacy 
Act (12 U.S.C. 3414(a)(3)) is amended to read as follows:
            ``(3)(A) If the Government authority described in 
        paragraph (1) or the Secret Service, as the case may 
        be, certifies that otherwise there may result a danger 
        to the national security of the United States, 
        interference with a criminal, counterterrorism, or 
        counterintelligence investigation, interference with 
        diplomatic relations, or danger to the life or physical 
        safety of any person, no financial institution, or 
        officer, employee, or agent of such institution, shall 
        disclose to any person (other than those to whom such 
        disclosure is necessary to comply with the request or 
        an attorney to obtain legal advice or legal assistance 
        with respect to the request) that the Government 
        authority or the Secret Service has sought or obtained 
        access to a customer's financial records.
            ``(B) The request shall notify the person or entity 
        to whom the request is directed of the nondisclosure 
        requirement under subparagraph (A).
            ``(C) Any recipient disclosing to those persons 
        necessary to comply with the request or to an attorney 
        to obtain legal advice or legal assistance with respect 
        to the request shall inform such persons of any 
        applicable nondisclosure requirement. Any person who 
        receives a disclosure under this subsection shall be 
        subject to the same prohibitions on disclosure under 
        subparagraph (A).
            ``(D) At the request of the authorized Government 
        agency or the Secret Service, any person making or 
        intending to make a disclosure under this section shall 
        identify to the requesting official of the authorized 
        Government agency or the Secret Service the person to 
        whom such disclosure will be made or to whom such 
        disclosure was made prior to the request, but in no 
        circumstance shall a person be required to inform such 
        requesting official that the person intends to consult 
        an attorney to obtain legal advice or legal 
        assistance.''.
    (e) Section 1114(a)(5)(D) of the Right to Financial Privacy 
Act (12 U.S.C. 3414(a)(5)(D)) is amended to read:
                    ``(D) Prohibition of certain disclosure.--
                            ``(i) If the Director of the 
                        Federal Bureau of Investigation, or his 
                        designee in a position not lower than 
                        Deputy Assistant Director at Bureau 
                        headquarters or a Special Agent in 
                        Charge in a Bureau field office 
                        designated by the Director, certifies 
                        that otherwise there may result a 
                        danger to the national security of the 
                        United States, interference with a 
                        criminal, counterterrorism, or 
                        counterintelligence investigation, 
                        interference with diplomatic relations, 
                        or danger to the life or physical 
                        safety of any person, no financial 
                        institution, or officer, employee, or 
                        agent of such institution, shall 
                        disclose to any person (other than 
                        those to whom such disclosure is 
                        necessary to comply with the request or 
                        an attorney to obtain legal advice or 
                        legal assistance with respect to the 
                        request) that the Federal Bureau of 
                        Investigation has sought or obtained 
                        access to a customer's or entity's 
                        financial records under subparagraph 
                        (A).
                            ``(ii) The request shall notify the 
                        person or entity to whom the request is 
                        directed of the nondisclosure 
                        requirement under clause (i).
                            ``(iii) Any recipient disclosing to 
                        those persons necessary to comply with 
                        the request or to an attorney to obtain 
                        legal advice or legal assistance with 
                        respect to the request shall inform 
                        such persons of any applicable 
                        nondisclosure requirement. Any person 
                        who receives a disclosure under this 
                        subsection shall be subject to the same 
                        prohibitions on disclosure under clause 
                        (i).
                            ``(iv) At the request of the 
                        Director of the Federal Bureau of 
                        Investigation or the designee of the 
                        Director, any person making or 
                        intending to make a disclosure under 
                        this section shall identify to the 
                        Director or such designee the person to 
                        whom such disclosure will be made or to 
                        whom such disclosure was made prior to 
                        the request, but in no circumstance 
                        shall a person be required to inform 
                        the Director or such designee that the 
                        person intends to consult an attorney 
                        to obtain legal advice or legal 
                        assistance.''.
    (f) Section 802(b) of the National Security Act of 1947 (50 
U.S.C. 436(b)) is amended to read as follows:
    ``(b) Prohibition of Certain Disclosure.--
            ``(1) If an authorized investigative agency 
        described in subsection (a) certifies that otherwise 
        there may result a danger to the national security 
ofthe United States, interference with a criminal, counterterrorism, or 
counterintelligence investigation, interference with diplomatic 
relations, or danger to the life or physical safety of any person, no 
governmental or private entity, or officer, employee, or agent of such 
entity, may disclose to any person (other than those to whom such 
disclosure is necessary to comply with the request or an attorney to 
obtain legal advice or legal assistance with respect to the request) 
that such entity has received or satisfied a request made by an 
authorized investigative agency under this section.
            ``(2) The request shall notify the person or entity 
        to whom the request is directed of the nondisclosure 
        requirement under paragraph (1).
            ``(3) Any recipient disclosing to those persons 
        necessary to comply with the request or to an attorney 
        to obtain legal advice or legal assistance with respect 
        to the request shall inform such persons of any 
        applicable nondisclosure requirement. Any person who 
        receives a disclosure under this subsection shall be 
        subject to the same prohibitions on disclosure under 
        paragraph (1).
            ``(4) At the request of the authorized 
        investigative agency, any person making or intending to 
        make a disclosure under this section shall identify to 
        the requesting official of the authorized investigative 
        agency the person to whom such disclosure will be made 
        or to whom such disclosure was made prior to the 
        request, but in no circumstance shall a person be 
        required to inform such official that the person 
        intends to consult an attorney to obtain legal advice 
        or legal assistance.''.

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

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

SEC. 118. REPORTS ON NATIONAL SECURITY LETTERS.

    (a) Existing Reports.--Any report made to a committee of 
Congress regarding national security letters under section 
2709(c)(1) of title 18, United States Code, sections 626(d) or 
627(c) of the Fair Credit Reporting Act (15 U.S.C. 1681u(d) or 
1681v(c)), section 1114(a)(3) or 1114(a)(5)(D) of the Right to 
Financial Privacy Act (12 U.S.C. 3414(a)(3) or 3414(a)(5)(D)), 
or section 802(b) of the National Security Act of 1947 (50 
U.S.C. 436(b)) shall also be made to the Committees on the 
Judiciary of the House of Representatives and the Senate.
    (b) Enhanced Oversight of Fair Credit Reporting Act 
Counterterrorism National Security Letter.--Section 627 of the 
Fair Credit Reporting Act (15 U.S.C. 1681(v)) is amended by 
inserting at the end the following new subsection:
    ``(f) Reports to Congress.--(1) On a semi-annual basis, the 
Attorney General shall fully inform the Committee on the 
Judiciary, the Committee on Financial Services, and the 
Permanent Select Committee on Intelligence of the House of 
Representatives and the Committee on the Judiciary, the 
Committee on Banking, Housing, and Urban Affairs, and the 
Select Committee on Intelligence of the Senate concerning all 
requests made pursuant to subsection (a).
    ``(2) In the case of the semiannual reports required to be 
submitted under paragraph (1) to the Permanent Select Committee 
on Intelligence of the House of Representatives and the Select 
Committee on Intelligence of the Senate, the submittal dates 
for such reports shall be as provided in section 507 of the 
National Security Act of 1947 (50 U.S.C. 415b).''.
    (c) Report on Requests for National Security Letters.--
            (1) In general.--In April of each year, the 
        Attorney General shall submit to Congress an 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 theHouse of 
Representatives and the Committee on the Judiciary and the Select 
Committee on Intelligence of the Senate a report containing the results 
of the audit conducted under this subsection for calendar years 2003 
and 2004.
            (2) Calendar years 2005 and 2006.--Not later than 
        December 31, 2007, or upon completion of the audit 
        under this subsection for calendar years 2005 and 2006, 
        whichever is earlier, the Inspector General of the 
        Department of Justice shall submit to the Committee on 
        the Judiciary and the Permanent Select Committee on 
        Intelligence of the House of Representatives and the 
        Committee on the Judiciary and the Select Committee on 
        Intelligence of the Senate a report containing the 
        results of the audit conducted under this subsection 
        for calendar years 2005 and 2006.
    (d) Prior Notice to Attorney General and Director of 
National Intelligence; Comments.--
            (1) Notice.--Not less than 30 days before the 
        submission of a report under subsections (c)(1) or 
        (c)(2), the Inspector General of the Department of 
        Justice shall provide such report to the Attorney 
        General and the Director of National Intelligence.
            (2) Comments.--The Attorney General or the Director 
        of National Intelligence may provide comments to be 
        included in the reports submitted under subsections 
        (c)(1) or (c)(2) as the Attorney General or the 
        Director of National Intelligence may consider 
        necessary.
    (e) Unclassified Form.--The reports submitted under 
subsections (c)(1) or (c)(2) and any comments included under 
subsection (d)(2) shall be in unclassified form, but may 
include a classified annex.
    (f) Minimization Procedures Feasibility.--Not later than 
February 1, 2007, or upon completion of review of the report 
submitted under subsection (c)(1), whichever is earlier, the 
Attorney General and the Director of National Intelligence 
shall jointly submit to the Committee on the Judiciary and the 
Permanent Select Committee on Intelligence of the House of 
Representatives and the Committee on the Judiciary and the 
Select Committee on Intelligence of the Senate a report on the 
feasibility of applying minimization procedures in the context 
of national security letters to ensure the protection of the 
constitutional rights of United States persons.
    (g) National Security Letter Defined.--In this section, the 
term ``national security letter'' means a request for 
information under one of the following provisions of law:
            (1) Section 2709(a) of title 18, United States Code 
        (to access certain communication service provider 
        records).
            (2) Section 1114(a)(5)(A) of the Right to Financial 
        Privacy Act (12 U.S.C. 3414(a)(5)(A)) (to obtain 
        financial institution customer records).
            (3) Section 802 of the National Security Act of 
        1947 (50 U.S.C. 436) (to obtain financial information, 
        records, and consumer reports).
            (4) Section 626 of the Fair Credit Reporting Act 
        (15 U.S.C. 1681u) (to obtain certain financial 
        information and consumer reports).
            (5) Section 627 of the Fair Credit Reporting Act 
        (15 U.S.C. 1681v) (to obtain credit agency consumer 
        records for counterterrorism investigations).

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SEC. 126. REPORT ON DATA-MINING ACTIVITIES.

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

SEC. 127. SENSE OF CONGRESS.

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

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

    (a) Records.--Section 402(d)(2) of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1842(d)(2)) is amended--
            (1) in subparagraph (A)--
                    (A) in clause (ii), by adding ``and'' at 
                the end; and
                    (B) in clause (iii), by striking the period 
                at the end and inserting a semicolon; and
            (2) in subparagraph (B)(iii), by striking the 
        period at the end and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(C) shall direct that, upon the request 
                of the applicant, the provider of a wire or 
                electronic communication service shall disclose 
                to the Federal officer using the pen register 
                or trap and trace device covered by the order--
                            ``(i) in the case of the customer 
                        or subscriber using the service covered 
                        by the order (for the period specified 
                        by the order)--
                                    ``(I) the name of the 
                                customer or subscriber;
                                    ``(II) the address of the 
                                customer or subscriber;
                                    ``(III) the telephone or 
                                instrument number, or other 
                                subscriber number or 
                                identifier, of the customer or 
                                subscriber, including any 
                                temporarily assigned network 
                                address or associated routing 
                                or transmission information;
                                    ``(IV) the length of the 
                                provision of service by such 
                                provider to the customer or 
                                subscriber and the types of 
                                services utilized by the 
                                customer or subscriber;
                                    ``(V) in the case of a 
                                provider of local or long 
                                distance telephone service, any 
                                local or long distance 
                                telephone records of the 
                                customer or subscriber;
                                    ``(VI) if applicable, any 
                                records reflecting period of 
                                usage (or sessions) by the 
                                customer or subscriber; and
                                    ``(VII) any mechanisms and 
                                sources of payment for such 
                                service, including the number 
                                of any credit card or bank 
                                account utilized for payment 
                                for such service; and
                            ``(ii) if available, with respect 
                        to any customer or subscriber of 
                        incoming or outgoing communications to 
                        or from the service covered by the 
                        order--
                                    ``(I) the name of such 
                                customer or subscriber;
                                    ``(II) the address of such 
                                customer or subscriber;
                                    ``(III) the telephone or 
                                instrument number, or other 
                                subscriber number or 
                                identifier, of such customer or 
                                subscriber, including any 
                                temporarily assigned network 
                                address or associated routing 
                                or transmission information; 
                                and
                                    ``(IV) the length of the 
                                provision of service by such 
                                provider to such customer or 
                                subscriber and the types of 
                                services utilized by such 
                                customer or subscriber.''.
    (b) Enhanced Oversight.--Section 406(a) of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1846(a)) is 
amended by inserting ``, 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 deathin 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.--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 withinthe 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''.
            (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 the Federal Rules of Criminal Procedure and section 
3554 of title 18, United States Code. The procedures in section 
413 of the Controlled Substances Act (21 U.S.C. 853) apply to 
all stages of a criminal forfeiture proceeding, except that 
subsection (d) of such section applies only in cases in which 
the defendant is convicted of a violation of such Act.''.

                   TITLE V--MISCELLANEOUS PROVISIONS

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

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

SEC. 502. INTERIM APPOINTMENT OF UNITED STATES ATTORNEYS.

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

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

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

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

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

SEC. 505. QUALIFICATIONS OF UNITED STATES MARSHALS.

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

SECTION 506. DEPARTMENT OF JUSTICE INTELLIGENCE MATTERS.

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

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

    ``(a) Of the Assistant Attorneys General appointed under 
section 506, one shall serve, upon the designation of the 
President, as the Assistant Attorney General for National 
Security.
    ``(b) The Assistant Attorney General for National Security 
shall--
            ``(1) serve as the head of the National Security 
        Division of the Department of Justice under section 
        509A of this title;
            ``(2) serve as primary liaison to the Director of 
        National Intelligence for the Department of Justice; 
        and
            ``(3) perform such other duties as the Attorney 
        General may prescribe.''.
            (2) Additional assistant attorney general.--Section 
        506 of title 28, United States Code, is amended by 
        striking ``ten'' and inserting ``11''.
            (3) Executive schedule matters.--Section 5315 of 
        title 5, United States Code, is amended by striking the 
        matter relating to Assistant Attorneys General and 
        inserting the following:
            `` Assistant Attorneys General (11).''.
            (4) Consultation of director of national 
        intelligence in appointment.--Section 106(c)(2) of the 
        National Security Act of 1947 (50 U.S.C. 403-6(c)(2)) 
        is amended by adding at the end the following new 
        subparagraph:
            ``(C) The Assistant Attorney General designated as 
        the Assistant Attorney General for National Security 
        under section 507A of title 28, United States Code.''.
            (5) Authority to act for attorney general under 
        foreign intelligence surveillance act of 1978.--Section 
        101(g) of the Foreign Intelligence Surveillance Act of 
        1978 (50 U.S.C. 1801(g)) is amended by striking ``or 
        the Deputy Attorney General'' and inserting ``, the 
        Deputy Attorney General, or, upon the designation of 
        the Attorney General, the Assistant Attorney General 
        designated as the Assistant Attorney General for 
        National Security under section 507A of title 28, 
        United States Code''.
            (6) Authorization for interception of 
        communications.--Section 2516(1) of title 18, United 
        States Code, is amended by inserting ``or National 
        Security Division'' after ``the Criminal Division''.
            (7) Authority to act for attorney general in 
        matters involving witness relocationor 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 shallhave 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 isfiled, 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) isamended 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 
undersubparagraph (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 personto 
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 
                cleanup 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 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.

      And the Senate agree to the same.

                From the Committee on the Judiciary, for 
                consideration of the House bill (except section 
                132) and the Senate amendment, and 
                modifications committed to conference:
                                   F. James Sensenbrenner, Jr.,
                                   Howard Coble,
                                   Lamar Smith,
                                   Elton Gallegly,
                                   Steve Chabot,
                                   William L. Jenkins,
                                   Daniel Lungren,
                From the Permanent Select Committee on 
                Intelligence, for consideration secs. 102, 103, 
                106, 107, 109, and 132 of the House bill, and 
                secs. 2, 3, 6, 7, 9, and 10 of the Senate 
                amendment, and modifications committed to 
                conference:
                                   Pete Hoekstra,
                                   Heather Wilson,
                From the Committee on Energy and Commerce, for 
                consideration secs. 124 and 231 of the House 
                bill, and modifications committed to 
                conference:
                                   Charlie Norwood,
                                   John Shadegg,
                From the Committee on Financial Services, for 
                consideration sec. 117 of the House bill, and 
                modifications committed to conference:
                                   Michael G. Oxley,
                                   Spencer Bachus,
                From the Committee on Homeland Security, for 
                consideration secs. 127-129 of the House bill, 
                and modifications committed to conference:
                                   Peter T. King,
                                   Curt Weldon,
                                 Managers on the Part of the House.

                                   Arlen Specter,
                                   Orrin Hatch,
                                   Jon Kyl,
                                   Mike DeWine,
                                   Jeff Sessions,
                                   Pat Roberts,
                                Managers on the Part of the Senate.
       JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE

      The managers on the part of the House and the Senate at 
the conference on the disagreeing votes of the two Houses on 
the amendment of the Senate to the bill (H.R. 3199), to extend 
and modify authorities needed to combat terrorism, and for 
other purposes, submit the following joint statement to the 
House and the Senate in explanation of the effect of the action 
agreed upon by the managers and recommended in the accompanying 
conference report:
      The Senate amendment struck all of the House bill after 
the enacting clause and inserted a substitute text.
      The House recedes from its disagreement to the amendment 
of the Senate with an amendment that is a substitute for the 
House bill and the Senate amendment. The differences between 
the House bill, the Senate amendment, and the substitute agreed 
to in conference are noted below, except for clerical 
corrections, conforming changes made necessary by agreements 
reached by the conferees, and minor drafting and clarifying 
changes.
Section 1. Short title. Table of contents
      The House receded to the Senate on the short title of the 
Act. The short title is the ``USA PATRIOT Improvement and 
Reauthorization Act of 2005.''

        TITLE I--USA PATRIOT IMPROVEMENT AND REAUTHORIZATION ACT

Section 101. References to, and modification of short title for, USA 
        PATRIOT Act
      Section 101 of the conference report is identical to 
section 101 of the House bill and similar to section 9(d) of 
the Senate amendment. Section 101 states that references 
contained within the conference report to the USA PATRIOT Act 
shall be deemed a reference to Public Law No. 107-56, the 
``Uniting and Strengthening America by Providing Appropriate 
Tools Required to Intercept and Obstruct Terrorism Act (USA 
PATRIOT Act) of 2001.''
Section 102. USA PATRIOT Act sunset provisions
      Section 102 of the conference report adopts a 4-year 
sunset on sections 206 and 215 of the USA PATRIOT Act, and 
makes permanent the other provisions, all of which were set to 
expire on December 31, 2005. Sections 206 and 215 relate to 
Foreign Intelligence Court orders for multipoint, or 
``roving,'' wiretaps and for business records requested under 
the Foreign Intelligence Surveillance Act (FISA).
Section 103. Extension of sunset relating to individual terrorists as 
        agents of foreign powers
      Section 103 of the conference report extends the sunset 
of section 6001(b) of the Intelligence Reform and Terrorism 
Prevention Act (IRTPA) by 4 years so the provision is set to 
expire on December 31, 2009. Section 6001(b) applied the USA 
PATRIOT Act sunset to the new definition of ``Agent of a 
Foreign Power'' under section 6001 of IRTPA. Section 6001 
states that an ``Agent of a foreign power'' for any person 
other than a United States person, includes a person who 
``engages in international terrorism or activities in 
preparation thereof.'' This definition reaches ``lone wolf'' 
terrorists engaged in international terrorism.
Section 104. Section 2332b and the material support sections of Title 
        18, United States Code
      Section 104 of the conference report is identical to 
section 104 of the House bill and substantively similar to 
section 9(c) of the Senate amendment. This section makes 
section 6603 of the IRTPA permanent by repealing the sunset 
contained in section 6603(g) of the IRTPA. This sunset would 
have allowed a criminal offense, and not a law enforcement 
tool, to expire. Furthermore, this sunset effectively made the 
underlying provision unconstitutional. Section 6603 of the 
IRTPA amended the law to address court concerns on the 
constitutionality of the prohibition of providing material 
support to terrorists.
Section 105. Duration of FISA surveillance of non-United States persons 
        under section 207 of the USA PATRIOT Act
      Section 105 of the conference report is substantively 
similar to section 106 of the House bill and section 3 of the 
Senate amendment. This section further extends the maximum 
duration of orders for electronic surveillance and physical 
searches targeted against all agents of foreign powers who are 
not U.S. persons. Initial orders authorizing searches and 
electronic surveillance will be for periods of up to 120 days 
and renewal orders will extend for periods of up to one year. 
Section 105 also extends the maximum duration for both the 
initial and renewal orders for pen register/trap and trace 
surveillance to a period of one year in cases where the 
government certified that the information likely to be obtained 
is foreign intelligence information not concerning a U.S. 
person.
Section 106. Access to certain business records under section 215 of 
        the USA PATRIOT Act
      Section 106 of the conference report is a compromise 
between section 107 of the House bill and section 7 of the 
Senate amendment. This section of the conference report amends 
section 215 of the USA PATRIOT Act to clarify that the tangible 
things sought by a section 215 FISA order (``215 order'') must 
be ``relevant'' to an authorized preliminary or full 
investigation to obtain foreign intelligence information not 
concerning a U.S. person or to protect against international 
terrorism or clandestine intelligence activities. The provision 
also requires a statement of facts to be included in the 
application that shows there are reasonable grounds to believe 
the tangible things sought are relevant, and, if such facts 
show reasonable grounds to believe that certain specified 
connections to a foreign power or an agent of a foreign power 
are present, the tangible things sought are presumptively 
relevant. Congress does not intend to prevent the FBI from 
obtaining tangible items that it currently can obtain under 
section 215.
      The provision also clarifies that a recipient of a FISA 
section 215 production order may challenge that order, and may 
disclose receipt to a lawyer, other persons necessary to comply 
with the order, and additional persons approved by the FBI. 
This provision allows the FBI to request the recipient to 
identify the individuals to whom disclosure has been or will be 
made. The provision also makes clear that a judge should 
approve an application only ``if the judge finds that the 
[applicable] requirements [of the section] have been met.'' The 
provision also expressly provides for a judicial review process 
that authorizes a specified pool of FISA court judges to review 
a 215 order that has been challenged. The provision requires 
high-level approval, and specific congressional reporting, of 
requests for certain sensitive categories of records, such as 
library, bookstore, tax return, firearms sales, educational, 
and medical records. The provision requires promulgation and 
application of minimization procedures governing the retention 
and dissemination by the FBI of any tangible thing obtained 
under this section and requires restrictions on the use of 
information obtained with an order under this section.
      In addition, section 106 directs the Attorney General to 
draft minimization procedures that apply to information 
obtained under a FISA ``business records'' order. In the 
application for the order, the applicant must enumerate the 
minimization procedures applicable to the retention and 
dissemination of the tangible things sought by the FBI in the 
application. Such enumerated procedures should meet the 
requirements set forth in the definition of minimization 
procedures found in new subsection (g) of section 501. If the 
court finds that the enumerated procedures fail to meet the 
requirements of subsection (g), the Conferees expect that the 
court will direct that other procedures adopted by the Attorney 
General be applied to the information sought, consistent with 
the authority of the court specified in section 501(c)(1), as 
amended.
      Under subsection (g)(1), as amended, the Attorney General 
is required to adopt minimization procedures within 180 days of 
the enactment of this Act. Until the Attorney General complies, 
the Conferees expect that the requirements of subsections 
(b)(2)(B), (c)(1), and (h) that relate to the adoption of 
minimization procedures will be viewed as ineffective and, 
thus, not prevent the use of section 501 to acquire tangible 
things.
Sec. 106A. Audit on access to certain business records for foreign 
        intelligence purposes
      Section 106A of the conference report is a new provision. 
This section requires that the Department of Justice Inspector 
General conduct an audit on the effectiveness and use of 
section 215 and submit an unclassified report of the audit to 
the House and Senate Committees on the Judiciary and 
Intelligence.
Section 107. Enhanced oversight of good-faith emergency disclosures 
        under section 212 of the USA PATRIOT Act
      Section 107 of the conference report is virtually 
identical to section 4 of the Senate amendment, but includes 
some technical corrections to title 18 of the United States 
Code. Section 108 of the House bill is substantively similar. 
Section 107 of the conference report amends 18 U.S.C. 
Sec. 2702, as amended by section 212 of the USA PATRIOT Act. 
Section 212 allows Internet service providers to disclose 
voluntarily the contents of electronic communications, as well 
as subscriber information, in emergencies involving immediate 
danger of death or serious physical injury. To address concerns 
that this authority, in certain circumstances, is not subject 
to adequate congressional, judicial, or public oversight 
(particularly in situations where the authority is used but 
criminal charges do not result) the conference report requires 
the Attorney General to report annually to the Judiciary 
Committees of the House and Senate and to set forth the number 
of accounts subject to section 212 disclosures. The report also 
must summarize the basis for disclosure in certain 
circumstances. The Conferees believe this will strengthen 
oversight on the use of this authority without undermining 
important law enforcement prerogatives and without alerting 
perpetrators, while simultaneously preserving the vitality of 
this life-saving authority.
Section 108. Multipoint electronic surveillance under section 206 of 
        the USA PATRIOT Act
      Section 108 of the conference report is a compromise 
between section 109 of the House bill and section 2 of the 
Senate amendment. Section 206 of the USA PATRIOT Act enabled 
the use of multipoint, or ``roving,'' wiretaps in FISA 
investigations. The conference report clarifies that the FISA 
court must find that the possibility of the target thwarting 
surveillance is based on specific facts in the application. 
This is reflected in language contained in section 109(a) of 
the House bill and for which the Senate amendment did not have 
a comparable provision. In language derived from section 2(a) 
of the Senate amendment and for which the House bill had no 
comparable provision, the conference report also requires that 
the order describe the specific target in detail when 
authorizing a roving wiretap for a target whose identity is not 
known. The conference report requires that in the event the 
government begins directing surveillance at a new facility or 
place where the nature and location of each of the facilities 
or places was unknown at the time the surveillance order was 
issued, the government must notify the issuing FISA court on an 
ongoing basis for all multipoint surveillance authority, which 
addresses concerns of some that the open-ended authorization to 
surveil new locations could be abused. The conference report 
provisions provide further protections by including an extra 
layer of judicial review and to ensure that intelligence 
investigators will not abuse the multipoint authority. This 
approach is superior in the FISA context (where surveillance is 
often long-running and subject to extensive and sophisticated 
counter-surveillance measures) to a proximity test or 
ascertainment requirement, both of which could potentially 
endanger an investigation or field agents conducting the 
investigation.
Section 109. Enhanced congressional oversight
      Section 109 of the conference report is similar to 
section 10 of the Senate amendment, but with an additional new 
provision. Section 109 of the conference report is identical to 
section 10 of the Senate amendment and requires: (1) the FISA 
court to publish its rules; and (2) reporting to the House and 
Senate Judiciary Committees of the use of the emergency 
employments of electronic surveillance, physical searches, and 
pen register and trap and trace devices. Section 109(c) of the 
conference report also requires that the Secretary of the 
Department of Homeland Securitysubmit a written report 
providing a description of internal affairs operations at U.S. 
Citizenship & Immigration Services to the Judiciary Committees of the 
House and the Senate.
Section 110. Attacks against railroad carriers and mass transportation 
        systems
      The conference report is substantively similar to 
sections 110, 115, and 304 of the House bill. There are no 
equivalent provisions in the Senate amendment, but section 110 
of the conference report is substantively similar to S. 629, 
the ``Railroad Carriers and Mass Transportation Act of 2005,'' 
which was reported favorably by the Senate Judiciary Committee. 
Section 110 of the conference report amends 18 U.S.C. 
Sec. 1993, which was created by the USA PATRIOT Act to protect 
against terrorist attacks and other acts of violence against 
mass transportation systems. However, current law does not 
cover the planning for such attacks. The conference report 
closes this loophole to make it a crime to ``surveil, 
photograph, videotape, diagram, or to otherwise collect 
information with the intent to plan or assist in planning any 
of the acts described'' in paragraphs (1)-(5) of section 
1993(a). It also harmonizes section 1993 with 18 U.S.C. 
Sec. 1992 (which criminalizes the ``wrecking of trains''), in 
order to eliminate the inconsistency between the intent 
standard in the mass transportation statute and the intent 
standard in the wrecking trains statute. It also strengthens 
the protection of mass transportation and railroad systems by: 
expanding the types of railroad property and equipment that are 
explicitly protected by Federal law; updating the definition of 
``dangerous weapons'' to cover box cutters and other previously 
unrecognized weapons; and expanding the types of prohibited 
attacks to include causing the release of a hazardous material, 
a biological agent, or toxin near the property of a railroad 
carrier or mass transportation system. The conference report 
restricts the death penalty against inchoate offenses, but 
retains the death penalty for aggravated offenses. The section 
also expands coverage of the criminal offense to include 
passenger vessels (as defined in 46 U.S.C. Sec. 2101(22)).
Section 111. Forfeiture
      Section 111 of the conference report is identical to 
section 111 of the House bill. There is no comparable section 
in the Senate amendment. The USA PATRIOT Act amended 18 U.S.C. 
Sec. 981 to expressly provide that any property used to commit 
or facilitate the commission of, derived from, or otherwise 
involved in a Federal crime of terrorism (as defined in 18 
U.S.C. Sec. 2331) is subject to civil forfeiture provisions. 
Prior to the USA PATRIOT Act, only the ``proceeds'' of a crime 
of terrorism were subject to civil forfeiture provisions. This 
section extends forfeiture to include property used in or 
derived from ``trafficking in nuclear, chemical, biological, or 
radiological weapons technology or material.''
Section 112. Section 2332b(g)(5)(B) amendments relating to the 
        definition of Federal crime of terrorism
      Section 112 of the conference report is substantively 
similar to section 112 of the House bill but includes an 
additional offense. There is no comparable provision in the 
Senate amendment. This section amends the current definition of 
``Federal crime of terrorism,'' to include new predicate 
offenses. It also includes a clerical correction to 18 U.S.C. 
Sec. 2332b(g)(S)(B).
Section 113. Amendments to section 2516(1) of Title 18, United States 
        Code
      Section 113 of the conference report is substantively 
similar to sections 113 and 122 of the House bill, but includes 
additions. 18 U.S.C. Sec. Sec. 2510-2522 require the 
government, unless otherwise permitted, to obtain an order of a 
court before conducting electronic surveillance. The government 
is permitted to seek such orders only in connection with the 
investigation of the criminal offenses enumerated in 18 U.S.C. 
Sec. 2516. The USA PATRIOT Act added new wiretap offenses 
related to terrorism. Section 113 adds new ``wiretap 
predicates'' under 18 U.S.C. Sec. 2516, which relate to crimes 
of terrorism. Those predicates include 18 U.S.C. Sec. Sec. 37 
(violence at international airports); 43 (animal enterprise 
terrorism); 81 (arson within special maritime and territorial 
jurisdiction); 175b (biological agents); 832 (nuclear and 
weapons of mass destruction threats); 842 (explosive 
materials); 930 (possession of weapons in Federal facilities); 
956 (conspiracy to harm persons or property overseas); 1028A 
(aggravated identity theft); 1114 (killing Federal employees); 
1116 (killing certain foreign officials); 1993 (attacks of mass 
transit); 2340A (torture); 2339 (harboring terrorists); 2339D 
(terrorist military training); and 5324 (structuring 
transactions to evade reporting requirements). In addition to 
these sections, new predicates are added under 49 U.S.C. 
Sec. Sec. 46504 (assault on a flight crew member with a 
dangerous weapon); and 46505(b)(3) or (c) (certain weapons 
offenses aboard an aircraft).
Section 114. Delayed notice search warrants
      Section 114 of the conference report is a compromise 
between sections 114 and 121 of the House bill and section 5 of 
the Senate amendment. Contrary to reports; the USA PATRIOT Act 
did not create delayed notice search warrants, but rather 
codified existing case law governing delayed notices for search 
warrants. Delayed notice simply means that a court has 
expressly authorized investigators to delay temporarily 
notifying a subject that a search warrant has been executed 
(i.e., a court-ordered search has occurred). The search warrant 
itself is the same regardless of when the subject receives 
notice. Thus, before a search warrant is issued, whether notice 
is or is not delayed, a Federal judge must find that there is 
probable cause to believe that a crime has been or is about to 
be committed and that evidence of that crime or the fruits or 
instrumentalities of that crime will be found at the location 
to be searched. As the Department of Justice explained in an 
August 29, 2005 letter (p. A-5), ``Delayed notice search 
warrants have been available for decades and were in use long 
before the USA PATRIOT Act was enacted. Section 213 of the USA 
PATRIOT Act merely created a nationally uniform process and 
standard for obtaining them.''
      Section 213 codified the established standard of 
reasonableness for delayed notice search warrants, which 
previously had been the cause for some to express concern about 
this indefinite term. Both the House bill in section 114, and 
the Senate amendment in section 5, placed a maximum specified 
limit on the length of time in which a judge could authorize 
law enforcementto delay notice to the subject that a search has 
been conducted. The House provision provided that the court maintains 
the discretion to delay notice for up to 180 days with extensions of up 
to 90 days. The Senate amendment limited the delay to ``not later than 
7 days after the date of its execution, or on a later date certain if 
the facts of the case justify a longer period of delay, with extensions 
of up to 90 days unless the facts justify longer.'' The conference 
report reflects a compromise between the House and Senate provisions to 
define a reasonable delay as up to 30 days for an initial request, or 
on a later date certain if the facts justify, and extensions of up to 
90 days unless the facts justify longer.
Section 115. Judicial review of national security letters
      Section 115 of the conference report is substantively 
similar to section 116 of the House bill and section 8 of the 
Senate amendment. This section makes explicit that the 
recipient of a national security letter (NSL) may consult with 
an attorney and challenge the NSL in court. This section of the 
conference report amends NSL authority under 18 U.S.C. 
Sec. 2709, 15 U.S.C. Sec. 1681u, 15 U.S.C. Sec. 1861v, 12 
U.S.C. Sec. 3414, and 50 U.S.C. Sec. 436, in a similar manner 
to the House bill. The Senate amendment only modified 18 U.S.C. 
Sec. 2709. The conference report: provides that the recipient 
of an NSL may petition for an order modifying or setting aside 
the request in the U.S. district court for the district in 
which that person or entity does business or resides; allows 
the government to move for judicial enforcement of the NSL in 
the event of non-compliance by recipients; and allows the court 
to impose sanctions for contempt of court if a recipient fails 
to comply with a court order to enforce an NSL.
Section 116. Confidentiality of national security letters
      Section 116 of the conference report is substantively 
similar to section 117 of the House bill and section 8 of the 
Senate amendment. This section provides that upon certification 
by an individual authorized to issue an NSL, should the 
disclosure endanger any individual or national security, or 
interfere with diplomatic relations or a criminal or 
intelligence investigation, then the disclosure of the NSL is 
prohibited. This section allows for the disclosure to those 
necessary to comply with an NSL or obtain legal advice or 
assistance with respect to an NSL. If the recipient makes this 
further disclosure as authorized by law, the recipient must 
then notify the person or persons of all applicable 
nondisclosure requirements. At the request of the Director of 
National Intelligence, the conference report includes language 
that allows the Director of the Federal Bureau of 
Investigation, or the designee of the Director, to request from 
any person making or intending to make a disclosure to comply 
with or to receive legal advice or legal assistance, to 
identify to whom such disclosure will be made. The language 
does not allow the FBI Director or designee of the Director to 
request the recipient of an NSL disclose the name of an 
attorney to whom such disclosure will be made. The provision, 
however, does allow the FBI Director or designee of the 
Director to make such a request for the name of an attorney to 
whom disclosure has already been made. The conference report 
clarifies that a recipient of an NSL may challenge any 
nondisclosure requirement in court. If a petition is filed 
within 1 year of issuance of an NSL, the court may modify or 
set aside such a nondisclosure requirement if it finds that 
there is no reason to believe that disclosure may harm national 
security; interfere with criminal, counterintelligence, or 
counterterrorism investigations; interfere with diplomatic 
relations; or endanger the life or physical safety of a person. 
If, upon filing the petition, a high-ranking official re-
certifies that disclosure may endanger national security or 
interfere with diplomatic relations, the court must treat the 
re-certification as conclusive unless there is a showing of bad 
faith. If a petition is filed after a year, a specific 
official, within 90 days of the filing of the petition, shall 
either terminate the nondisclosure requirement or re-certify 
that nondisclosure may: result in danger to the national 
security of the U.S.; interfere with a criminal, 
counterterrorism, or counterintelligence investigation; 
interfere with diplomatic relations; or endanger the life or 
physical safety of any person. In the event of re-
certification, the court again may modify or set aside such a 
nondisclosure requirement only upon a finding of bad faith. The 
petitioner is barred from seeking review of the nondisclosure 
requirement for one year if the petition was denied, but can 
continue to petition every year. This provision recognizes that 
the Executive branch is both constitutionally and practically 
better suited to make national security and diplomatic 
relations judgments than the judiciary.
Section 117. Violations of nondisclosure provisions of national 
        security letters
      This section of the conference report is similar to 
section 118 of the House bill. There is no comparable provision 
in the Senate amendment. This section provides for a felony 
charge against an individual who was notified of an applicable 
nondisclosure requirement and nonetheless knowingly and with 
intent to obstruct an investigation or judicial proceeding, 
violates that nondisclosure order. The criminal penalties under 
18 U.S.C. Sec. 1510 include up to five years imprisonment, a 
fine, or both. Current law contains no penalties for such 
violations.
Section 118. Reports on national security letters
      Section 118 of the conference report is similar to 
section 119 of the House bill, with some additional reporting 
requirements that are similar to provisions contained in the 
Senate amendment. This section requires reporting to the House 
and Senate Judiciary Committees on all NSLs, similar to 
reporting that the Intelligence Committees receive. This 
section also requires that the Attorney General submit to 
Congress the annual aggregate number of requests made 
concerning different U.S. persons. Such reporting will permit 
the public to see some of the same data Congress sees in 
conducting its oversight responsibilities of the DOJ. Due to 
the manner in which this data is currently collected, Congress 
understands that current reporting may somewhat overstate the 
number of different U.S. persons about whom requests for 
information are made, because NSLs seeking information on a 
particular person may be served at different times and from 
different FBI field offices. In order to report a number to 
Congress that is as meaningful as possible, Congress 
anticipates that the DOJ will undertake reasonable efforts to 
modify its data collection. Congress, however, does not 
anticipate that the DOJ will undertake costly or 
bureaucratically difficult steps to prepare this report.
Section 119. Enhanced oversight of national security letters
      Section 119 is a new section that requires the Inspector 
General of DOJ to conduct an audit of the effectiveness and the 
use of the NSL authority. The report will detail the specific 
functions and particular characteristics of the NSLs issued and 
comment on the necessity of this law enforcement tool. This 
report will be submitted to the House and Senate Committees on 
the Judiciary and Intelligence one year after the enactment of 
the conference report.
Section 120. Definition for forfeiture provisions under section 806 of 
        the USA PATRIOT Act
      Section 120 of the conference report is substantively 
similar to section 120 of the House bill. There is no 
comparable provision in the Senate amendment. This provision 
replaces the reference to the broad definition under 18 U.S.C. 
Sec. 2331 with the definition of a Federal crime of terrorism 
for asset forfeiture under 18 U.S.C. Sec. 981(a)(1)(G).
Section 121. Penal provisions regarding trafficking in contraband 
        cigarettes or smokeless tobacco
      Section 121 of the conference report is substantively 
similar to section 123 of the House bill. There is no 
comparable provision in the Senate amendment. This section of 
the conference report amends the Contraband Cigarette 
Trafficking Act (``CCTA,'' 18 U.S.C. Sec. Sec. 2341 et seq.), 
which makes it unlawful for any person knowingly to ship, 
possess, sell, distribute or purchase contraband cigarettes. 
This section amends the CCTA by: (1) extending its provisions 
to cover contraband smokeless tobacco; (2) reducing the number 
of cigarettes that trigger application of the CCTA from 60,000 
to 10,000; (3) imposing reporting requirements on persons, 
except for tribal governments, who engage in delivery sales of 
more than 10,000 cigarettes or 500 single-unit cans or packages 
of smokeless tobacco in a single month; (4) requiring the 
destruction of cigarettes and smokeless tobacco seized and 
forfeited under the CCTA; and (5) authorizing State and local 
governments, and certain persons who hold Federal tobacco 
permits, to bring causes of action against violators of the 
CCTA. It also amends section 2344(c), the contraband cigarette 
forfeiture provisions, by adding ``contraband smokeless 
tobacco'' to items subject to forfeiture and by removing the 
reference to the Internal Revenue Code, which became outdated 
after the enactment of the Civil Asset Forfeiture Reform Act of 
2000.
Section 122. Prohibition of narco-terrorism
      Section 122 of the conference report is substantively 
similar to section 124 of the House bill. There is no 
comparable provision in the Senate amendment. This section adds 
new section 1010A to Part A of the Controlled Substance Import 
and Export Act, (21 U.S.C. Sec. Sec. 951 et seq.), making it a 
Federal crime to engage in drug trafficking to benefit 
terrorists. The conference report changes the mandatory minimum 
penalty from the 20 years provided in the House bill to simply 
twice the minimum under 21 U.S.C. Sec. 841(b). Finally, the 
conference report modifies the proof requirements of the House-
passed bill to clarify that a person must have knowledge that 
the person or organization has engaged or engages in terrorist 
activity or terrorism.
Section 123. Interfering with the operation of an aircraft
      Section 123 of the conference report is substantively 
similar to section 125 of the House bill. There is no 
comparable provision in the Senate amendment. This section 
amends 18 U.S.C. Sec. 32, which prohibits the destruction of 
aircraft or aircraft facilities, to address the increasing 
number of reports to the Federal Aviation Administration of the 
intentional aiming of lasers into airplane cockpits. The 
amendment makes it illegal to interfere with or disable a pilot 
or air navigation facility operator with the intent to endanger 
the safety of any person or with reckless disregard for the 
safety of human life.
Section 124. Sense of Congress relating to lawful political activity
      Section 124 of the conference report is substantively 
similar to section 126 of the House bill. There is no 
comparable provision in the Senate amendment. This sense of the 
Congress articulates that no American citizen should be the 
target of a criminal investigation solely as a result of that 
person's lawful political activity or membership in a non-
violent political organization. During the many congressional 
hearings held on the PATRIOT Act, both in open and classified 
settings, there has been absolutely no evidence adduced that 
the Department of Justice or the FBI has used the powers 
conferred by law to investigate anyone based on his or her 
participation in the political process.
Section 125. Removal of civil liability barriers that discourage the 
        donation of fire equipment to volunteer fire companies
      Section 125 of the conference report is substantively 
similar to section 131 of the House bill. There is no 
comparable provision in the Senate amendment. This section 
establishes immunity from civil liability (other than for gross 
negligence or intentional misconduct) for anyone other than a 
fire equipment manufacturer who donates fire equipment to 
volunteer fire companies.
Section 126. Report on data-mining activities
      Section 126 of the conference report is similar to 
section 132 of the House bill. There is no comparable provision 
in the Senate amendment. This section instructs the Attorney 
General to report to Congress on Department of Justice use or 
development of pattern-based data-mining technology.
Section 127. Sense of Congress
      Section 127 of the conference report is substantively 
similar to section 133 of the House bill. There is no 
comparable provision in the Senate amendment. This section is a 
sense of the Congress that the victims of terrorist attacks 
should have access to the assets of terrorists.
Section 128. PATRIOT section 214; authority for disclosure of 
        additional information in connection with orders for pen 
        register and trap and trace authority under FISA
      Section 128 of the conference report is substantively 
identical to section 6 of the Senate amendment. There is no 
comparable provision in the House bill. This section requires: 
(1) an ex-parte order for a pen register or trap and trace 
device for foreign intelligence purposes to direct the 
provider, upon the applicant's request, to disclose specified 
information to the Federal officer using the device; and (2) 
the Attorney General to fully inform the House and Senate 
Judiciary Committees regarding the use of such devices.

             TITLE II--TERRORIST DEATH PENALTY ENHANCEMENT

Section 201. Short title
      The short title is the ``Terrorist Death Penalty 
Enhancement Act of 2005.'' Section 201 of the conference report 
is identical to section 201 of the House bill. There is no 
comparable provision in the Senate amendment.

            SUBTITLE A--TERRORIST PENALTIES ENHANCEMENT ACT

Section 211. Death penalty procedures for certain air piracy cases 
        occurring before enactment of the Federal Death Penalty Act of 
        1994
      This section is the same as section 213 of the House 
bill, except for the addition of a severability clause. There 
is no comparable provision in the Senate amendment. Section 211 
of the conference report provides procedures for death penalty 
prosecutions for air piracy crimes occurring before the 1994 
Federal Death Penalty Act, provided that the government 
establishes the existence of one or more factors under former 
49 U.S.C. Sec. 46503(c)(2), or its predecessor, and that the 
defendant has not established by a preponderance of the 
evidence the existence of any of the factors set forth in 
former 49 U.S.C. Sec. 46503(c)(1), or its predecessor. This 
section makes the 1994 procedures applicable to post-1974, and 
pre-1994 air piracy murder cases.
      Section 211 of the conference report would permit the 
imposition of the death penalty upon an individual convicted of 
air piracy offenses resulting in death where those offenses 
occurred after enactment of the Antihijacking Act of 1974 but 
before the enactment of the Federal Death Penalty Act of 1994. 
This provision would cover a small, but important category of 
defendants, including those responsible for the December 1984 
hijacking of Kuwait Airways flight 221 and the murder of two 
American United States Agency for International Development 
employees, William Stanford and Charles Hegna; the June 1985 
hijacking of TWA flight 847 and the murder of Navy diver Robert 
Stethem; the November 1985 hijacking of Egyptair flight 648 and 
the murder of American servicewoman Scarlett Rogenkamp as well 
as 56 other passengers; and the September 1986 hijacking of Pan 
Am flight 73 and the murder of American citizens Rajesh Kumar 
and Surendra Patel, as well as at least 19 other passengers and 
crew.
      Section 211 is important to reaffirm the intent of 
Congress to have available the ultimate penalty to use against 
aircraft hijackers whose criminal actions result in death. In 
1974, Congress enacted the Antihijacking Act, making the crime 
of air piracy the one and only crime under Federal law for 
which Congress passed comprehensive procedures, in response to 
Furman v. Georgia, 408 U.S. 238 (1972), to ensure that the 
death penalty could be constitutionally enforced. Over the 
years after the passage of the Antihijacking Act of 1974, the 
crime of air piracy was repeatedly cited by Members of Congress 
and the Executive Branch as an example of a crime for which 
Congress had enacted the necessary constitutional provisions to 
enforce the death penalty. In 1994, in an effort to make the 
death penalty widely available for numerous Federal offenses, 
and to enact uniform procedures to apply to all Federal capital 
offenses, Congress passed the Federal Death Penalty Act of 1994 
(``FDPA''), explicitly including air piracy procedures among 
the list of crimes to which it applied, at the same time 
repealing the former death penalty procedures of the 
Antihijacking Act of 1974.
      The problem with this legal development is that there is 
a perceived gap in legislative intent to maintain the option of 
a death penalty for those who committed air piracy resulting in 
death before enactment of the FDPA. On September 29, 2001, the 
United States obtained custody of Zaid Hassan Abd Latif 
Safarini, the operational leader of the deadly attempted 
hijacking of Pan Am flight 73, a crime which occurred on 
September 5, 1986, in Karachi, Pakistan, and which resulted in 
the death of at least 20 people, including two United States 
citizens, and the injury of more than 100 others. Safarini 
personally executed the first United States citizen and after a 
16-hour stand-off, he and his fellow hijackers opened fire on 
approximately 380 passengers and crew on board Pan Am 73, 
attempting to kill all of them with grenades and assault 
rifles. Safarini and his co-defendants had been indicted by a 
grand jury in the District of Columbia in 1991, and after his 
capture in 2001, the prosecutors filed papers stating the 
government's intention to seek the death penalty against 
Safarini. The district court, however, ruled that the 
government could not seek the death penalty in this case or, by 
implication, in any other air piracy case from the pre-FDPA 
period, essentially because Congress had not made clear which 
procedures should apply to such a prosecution. In its ruling, 
the court noted that, at the time it passed the FDPA in 1994, 
Congress did not state any intention as to whether the new 
capital sentencing procedures should be applied to air piracy 
offenses occurring before enactment of the FDPA. A further 
complication exists, in that there are two provisions of the 
Antihijacking Act of 1974 that, if taken away from pre-FDPA air 
piracy defendants, could pose ex post facto concerns in light 
of Ring v. Arizona, 536 U.S. 584 (2002). Safarini has since 
pled guilty to the charged offenses and was sentenced, pursuant 
to a plea agreement, to three life terms plus twenty-five years 
imprisonment.
      Section 211 addresses the issues identified by the 
district court in the Safarini case by explicitly stating that 
Congress intends for the provisions of the FDPA to apply to 
this category of defendants, while also explicitly preserving 
for such defendants the two provisions of the Antihijacking Act 
to which they are arguably constitutionally entitled, 
concerning the statutory aggravating and mitigating 
circumstances set forth in the Antihijacking Act.
      This provision is particularly important for several 
other reasons. In the absence of a death penalty that could be 
implemented for pre-FDPA hijacking offenses resulting in death 
that also occurred before the effective date of the Sentencing 
Guidelines on November 1, 1987, the maximum penalty available 
would be life imprisonment. Under the pre-Sentencing Guidelines 
structure, even prisoners sentenced to life imprisonment were 
eligible for a parole hearing after serving only ten years. 
While there is a split in the Circuit Courts of Appeals as to 
whether a sentencing judge can impose a sentence that could 
avert the 10-year parole hearing requirement, the current 
position of the Bureau of Prisons is that a prisoner is 
eligible for a parole hearing after serving ten years of a life 
sentence. Even if parole is denied on that first occasion, such 
prisoners are entitled to have regularly scheduled parole 
hearings every two years thereafter. Moreover, in addition to 
parole eligibility after ten years, the old sentencing and 
parole laws incorporated a presumption that even persons 
sentenced to life imprisonment would be released after no more 
than 30 years.
      In the context of the individuals responsible for the 
hijacking incidents described above, most of the perpetrators 
were no older than in their twenties when they committed their 
crimes. The imposition of a pre-Guidelines sentence of life 
imprisonment for these defendants means that many, if not all 
of them, could be expected to be released from prison well 
within their lifetime. Given the gravity of these offenses, 
coupled with the longstanding Congressional intent to have a 
death penalty available for the offense of air piracy resulting 
in death, such a result would be at odds with the clear 
directive of Congress.
      Section 211 includes a severability clause that would 
establish that if any provision of the Act or the application 
thereof to any person or circumstance is held invalid by a 
court of law, the remainder of Section 211 and the application 
of such provision to other persons or circumstances shall not 
be affected by that declaration of invalidity. The inclusion of 
this severability clause means that the unaffected portions of 
the law would remain operable.
Section 212. Postrelease supervision of terrorists
      This section is substantively similar to section 215 of 
the House bill. There is no comparable provision in the Senate 
amendment. Section 212 of the conference report expands the 
scope of the individuals covered by the post-release 
supervision provisions for terrorists.

              SUBTITLE B--FEDERAL DEATH PENALTY PROCEDURES

Section 221. Elimination of procedures applicable only to certain 
        Controlled Substances Act cases
      This section retains a portion of section 231 of the 
House bill. There is no comparable provision in the Senate 
amendment. The conference report eliminates duplicative death 
procedures under title 21 of the United States Code, and 
consolidates procedures governing all Federal death penalty 
prosecutions in existing title 18 of the United States Code, 
thereby eliminating confusingrequirements that trial courts 
provide two separate sets of jury instructions in certain Federal death 
penalty prosecutions.
Section 222. Counsel for financially unable defendants
      Section 222 of the conference report is a new provision. 
This section transfers existing statutes from the death penalty 
procedures contained in title 21 of the United States Code to 
the death penalty procedures in title 18 of the United States 
Code. This section requires that any death-penalty eligible 
defendant who is or becomes financially unable to obtain 
adequate representation or investigative, expert, or other 
reasonably necessary services will be entitled to the 
appointment of one or more attorneys and the furnishing of such 
other services.

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

Section 301. Short title
      This section designates the short title as the ``Reducing 
Crime and Terrorism at America's Seaports Act of 2005.'' 
Section 301 of the conference report is identical to section 
301 of the House bill. There is no comparable provision in the 
Senate amendment, but this section is similar to S. 378, the 
``Reducing Crime and Terrorism at America's Seaports Act of 
2005,'' which was reported favorably by the Senate Committee on 
the Judiciary on April 21, 2005.
Section 302. Entry by false pretenses to any seaport
      Section 302 of the conference report is substantively 
similar to section 302 of the House bill and the parallel 
section in S. 378. There is no comparable provision in the 
Senate amendment. According to the Report of the Interagency 
Commission on Crime and Security at U.S. Seaports (hereinafter 
``Interagency Commission Report''), ``[c]ontrol of access to 
the seaport or sensitive areas within the seaport is often 
lacking.'' Such unauthorized access is especially problematic, 
because inappropriate controls may result in the theft of cargo 
and, more dangerously, undetected admission of terrorists. In 
addition to establishing appropriate physical, procedural, and 
personnel security for seaports, it is important that U.S. 
criminal law adequately reflect the seriousness of the offense. 
This section clarifies that 18 U.S.C. Sec. 1036 (fraudulent 
access to transport facilities) includes seaports and 
waterfronts within its scope, and increases the penalties for 
violating these provisions from a maximum of 5 years to 10 
years.
Section 303. Criminal sanctions for failure to heave to, obstruction of 
        boarding, or providing false information
      Section 303 of the conference report is substantively 
similar to section 303 of the House bill and the parallel 
section in S. 378. A core function of the United States Coast 
Guard is law enforcement at sea, especially in the aftermath of 
the tragic events of September 11, 2001. While the Coast Guard 
has authority to use whatever force is reasonably necessary to 
require a vessel to stop or be boarded, ``refusal to stop,'' by 
itself, is not currently a crime. This section amends title 18 
of the United States Code to make it a crime: (1) for a vessel 
operator knowingly to fail to slow or stop a ship once ordered 
to do so by a Federal law enforcement officer; (2) for any 
person on board a vessel to impede boarding or other law 
enforcement action authorized by Federal law; or (3) for any 
person on board a vessel to provide false information to a 
Federal law enforcement officer. Any violation of this section 
will be punishable by a fine and/or imprisonment for a maximum 
term of 5 years.
Section 304. Criminal sanctions for violence against maritime 
        navigation, placement of destructive devices
      Section 304 of the conference report is substantively 
similar to section 305 of the House bill, and excludes the 
malicious dumping provisions contained in S. 378. The Coast 
Guard maintains over 50,000 navigational aids on more than 
25,000 miles of waterways. These aids, which are relied upon by 
all commercial, military, and recreational mariners, are 
essential for safe navigation and, therefore, are inviting 
targets for terrorists. To deter any such intentional 
interference, this section amends 18 U.S.C. Sec. 2280(a) 
(violence against maritime navigation) to make it a crime to 
intentionally damage or tamper with any maritime navigational 
aid maintained by the Coast Guard or under its authority, if 
such act endangers the safe navigation of a ship. In addition, 
this section amends title 18 of the United States Code to make 
it a crime to knowingly place in waters any device that is 
likely to damage a vessel or its cargo, interfere with a 
vessel's safe navigation, or interfere with maritime commerce. 
Any violation of this provision will be punishable by a fine 
and/or a maximum term of imprisonment for life, and if death 
results, an offense could be punishable by a sentence of death.
Section 305. Transportation of dangerous materials and terrorists
      Section 305 of the conference report is substantively 
similar to section 306 of the House bill and the parallel 
provision in S. 378, but adopts the intent requirements as 
specified in S. 378. The section makes it a crime to knowingly 
and intentionally transport aboard any vessel an explosive, 
biological agent, chemical weapon, or radioactive or nuclear 
materials, knowing that the item is intended to be used to 
commit a terrorist act. Any violation of this provision will be 
punishable by a fine and a maximum prison term of life and, if 
death results, the offense could be punished by a sentence of 
death.
Section 306. Destruction of, or interference with, vessels or maritime 
        facilities
      Section 306 of the conference report is substantively 
similar to section 307 of the House bill and the parallel 
provision in S. 378. This section makes it a crime to: (1) 
damage or destroy a vessel or its parts, a maritime facility, 
or any apparatus used to store, load or unload cargo and 
passengers; (2) perform an act of violence against or 
incapacitate any individual on a vessel, or at or near a 
facility; or (3) knowingly communicate false information that 
endangers the safety of a vessel. Any violation of this section 
(including attempts and conspiracies) will be punished by afine 
and/or imprisonment for a maximum of 20 years; if death results, the 
offense could be punished by a sentence of death. If an individual 
threatens to carry out the above-described offense, and has the 
apparent will and determination to carry out the threat, that threat is 
punishable by a fine and/or imprisonment for a maximum of 5 years. The 
offender also will be liable for all costs incurred as a result of the 
threat. This section also subjects any individual who knowingly conveys 
false information about the offenses described above (or other named 
offenses) to a civil penalty up to $5,000. In addition, knowingly 
conveying false information concerning an attempted violation of this 
section or of chapter 11 of title 18 will be punishable by a maximum of 
5 years imprisonment. This section harmonizes the somewhat outdated 
maritime provisions with the existing criminal sanctions for 
destruction or interference with an aircraft or aircraft facilities in 
18 U.S.C. Sec. Sec. 32, 34, and 35.
Section 307. Theft of interstate or foreign shipments or vessels
      This section is similar to section 308 of the House bill 
and the parallel provision in S. 378, except the conference 
report does not maintain the increased criminal penalties that 
were included in the House bill. The Interagency Commission 
Report found that certain existing statutes, regulations, and 
sentencing guidelines do not provide sufficient sanctions to 
deter criminal or civil violations related to a range of 
offenses, including theft of interstate or foreign shipments. 
In an effort to close statutory gaps and increase the criminal 
penalty, this section expands the scope of section 18 U.S.C. 
Sec. 659 (theft of interstate or foreign shipments) to include 
theft of goods from additional transportation facilities or 
instruments, including trailers, cargo containers, and 
warehouses. In addition, the section increases the penalties 
for theft of goods from a maximum of 10 years to a maximum of 
15 years imprisonment, and for amounts less than $1000, the 
punishment will be increased from a maximum of 1 year to a 
maximum of 3 years imprisonment. The section clarifies that, 
under 18 U.S.C. Sec. 659, the determination of whether goods 
are ``moving as an interstate or foreign shipment'' is made by 
considering the entire cargo route, regardless of any temporary 
stop between the point of origin and final destination. 
Finally, the section requires an annual report of law 
enforcement activities relating to cargo theft and requires 
collection and reporting by the FBI of cargo theft crimes.
Section 308. Stowaways on vessels or aircraft
      Section 308 of the conference report is similar to 
section 310 of the House bill. It is similar to the parallel 
provision in S. 378, though the conference report includes a 
death penalty that was not part of the Senate amendment. The 
section increases the maximum penalty for a violation of 18 
U.S.C. Sec. 2199 (stowaways on vessels or aircraft) from 1 year 
to 5 years imprisonment. If the act is committed with the 
intent to commit serious bodily injury and serious bodily 
injury occurs, it will be punishable by a fine and a maximum of 
20 years imprisonment. If death results, it will be punishable 
by death or life imprisonment.
Section 309. Bribery affecting port security
      This section is substantively similar to section 311 of 
the House bill and the parallel provision of S. 378. Section 
309 of the conference report makes it a crime to knowingly, and 
with the intent to commit international or domestic terrorism, 
bribe a public official to affect port security; or to receive 
a bribe in return for being influenced in public duties 
affecting port security, knowing that such influence will be 
used to commit, or plan to commit, an act of terrorism. A 
violation of this section is punishable by a maximum term of 15 
years imprisonment.
Section 310. Penalties for smuggling goods into the United States
      Section 310 of the conference report is substantively 
identical to section 312 of the House bill. There is no 
comparable provision in the Senate amendment. This section 
increases the penalty for violations of 18 U.S.C. Sec. 545 
(smuggling) from imprisonment for not more than 5 years to 
imprisonment for not more than 20 years.
Section 311. Smuggling goods from the United States
      Section 311 of the conference report is substantively 
identical to section 313 of the House bill. There is no 
comparable provision in the Senate amendment. This section 
creates a new criminal offense for illegally smuggling goods 
from the United States and establishes a maximum penalty of 10 
years imprisonment.

                TITLE IV--COMBATING TERRORISM FINANCING

Section 401. Short title
      The short title is ``Combating Terrorism Financing Act of 
2005.'' Section 401 of the conference report is identical to 
section 401 of the House bill. There is no comparable provision 
in the Senate amendment.
Section 402. Increased penalties for terrorism financing
      Section 402 of the conference report is substantively 
similar to section 402 of the House bill. There is no 
comparable provision in the Senate amendment. Currently, 
penalties for violating the International Emergency Economic 
Powers Act (IEEPA) are not commensurate with terrorist 
financing violations. This section amends section 206 of IEEPA 
(50 U.S.C. Sec. 1705) to increase the civil penalty from 
$10,000 to $50,000 per violation and to increase the criminal 
penalty from 10 years imprisonment to 20 years imprisonment 
with the maximum criminal fine remaining the same.
Section 403. Terrorism-related specified activities for money 
        laundering
      Section 403 of the conference report is substantively 
similar to section 403 of the House bill. There is no 
comparable provision in the Senate amendment. Under current 
law, a number ofactivities that terrorist financiers undertake 
are not predicates for purposes of the Federal money laundering 
statute, 18 U.S.C. Sec. 1956. Key among those activities is operating 
an illegal money transmitting business, including ``hawala'' networks, 
which terrorists and their sympathizers often use to transfer funds to 
terrorist organizations abroad. This section adds three terrorism-
related provisions to the list of specified unlawful activities that 
serve as predicates for the money laundering statute. Subsection(a) 
adds as a RICO predicate the offense in 18 U.S.C. Sec. 1960 (relating 
to illegal money transmitting businesses), which has the effect of 
making this offense a money laundering predicate through the cross-
reference in 18 U.S.C. Sec. 1956(c)(7)(A). Subsection(b) directly adds 
as money laundering predicates the new terrorist-financing offense in 
18 U.S.C. Sec. 2339C.
Sec. 404. Assets of persons committing terrorist acts against foreign 
        countries or international organizations
      Section 404 of the conference report is substantively 
similar to section 404 of the House bill. There is no 
comparable provision in the Senate amendment. The USA PATRIOT 
Act enacted a new forfeiture provision codified at 18 U.S.C. 
Sec. 981(a)(1)(G) pertaining to the assets of any person 
planning or perpetrating an act of terrorism against the United 
States. Section 404 of the conference report adds a parallel 
provision pertaining to the assets of any person planning or 
perpetrating an act of terrorism against a foreign state or 
international organization. Where the property sought for 
forfeiture is located outside the United States, an act in 
furtherance of planning or perpetrating the terrorist act must 
have occurred within the jurisdiction of the United States.
Sec. 405. Money laundering through hawalas
      Section 405 of the conference report is substantively 
similar to section 405 of the House bill. There is no 
comparable provision in the Senate amendment. This section 
outlaws any ``dependent transactions'' relating to a money 
laundering transaction. Terrorist financing and money 
laundering can be mutually exclusive, but many times they go 
hand-in-hand. As reported in the National Money Laundering 
Strategy (NMLS), ``both depend on the lack of transparency and 
vigilance in the financial system. Money laundering requires 
the existence of an underlying crime, while terrorist financing 
does not. Methods for raising funds to support terrorist 
activities may be legal or illegal. Also, the objective of 
money laundering investigations is prosecution and forfeiture. 
Terrorist financing investigations share these objectives; 
however, the ultimate goal is to identify, disrupt, and cut off 
the flow of funds to terrorists, whether or not the 
investigation results in prosecutions.''
      Many steps have been taken by Congress, law enforcement, 
and the private sector to address the issue of terrorist 
financing. The USA PATRIOT Act codified money laundering 
statutes and provided authority improving the flow of financial 
information regarding terrorist financing. The Bank Secrecy Act 
has been amended to require financial institutions to report 
suspicious activities. Enforcement and enhanced regulations 
make it more difficult for terrorist organizations to 
compromise U.S. financial institutions. However, these 
terrorists continue to seek the path of least resistance, 
utilizing alternative financing systems and foreign banking 
systems that lack sufficient standards and regulations.
      Alternative remittance systems are utilized by terrorists 
to move and launder large amounts of money around the globe 
quickly and secretly. These remittance systems, also referred 
to as ``hawala'' networks, are used throughout the world, 
including the Middle East, Europe, North America and South 
Asia. These systems are desirable to criminals and non-
criminals alike because of the anonymity, low cost, efficiency, 
and access to underdeveloped regions. The United States has 
taken steps to combat the ``hawala'' networks by requiring all 
money transmitters, informal or formal, to register as money 
services businesses.
      Under current Federal law, a financial transaction 
constitutes a money laundering offense only if the funds 
involved in the transaction represent the proceeds of some 
criminal offense. See 18 U.S.C. Sec. 1956(a)(1) (``represents 
the proceeds of some form of unlawful activity''); and 18 
U.S.C. Sec. 1957(f)(2) (``property constituting, or derived 
from, proceeds obtained from a criminal offense''). There is 
some uncertainty, however, as to whether the ``proceeds 
element'' is satisfied with regard to each transaction in a 
money laundering scheme that involves two or more transactions 
conducted in parallel, only one of which directly makes use of 
the proceeds from unlawful activity. For example, consider the 
following transaction: A sends drug proceeds to B, who deposits 
the money in Bank Account 1. Simultaneously or subsequently, B 
takes an equal amount of money from Bank Account 2 and sends it 
to A, or to a person designated by A. The first transaction 
from A to B clearly satisfies the proceeds element of the money 
laundering statute, but there is some question as to whether 
the second transaction--the one that involves only funds 
withdrawn from Bank Account 2 does so as well. The question has 
become increasingly important because such parallel 
transactions are the technique used to launder money through 
the Black Market Peso Exchange and ``hawala'' network. Section 
405 of the conference report is intended to remove all 
uncertainty on this point by providing that all constituent 
parts of a set of parallel or dependent transactions involve 
criminal proceeds if one such transaction does so. The 
conference report modifies the hawala provision to require that 
it be part of plan or arrangement.
Sec 406. Technical and conforming amendments relating to the USA 
        PATRIOT Act
      Section 406 of the conference report is substantively 
similar to section 406 of the House bill. There is no 
comparable provision in the Senate amendment. This section 
makes a number of corrections relating to provisions of the USA 
PATRIOT Act, mostly affecting money laundering or asset 
forfeiture. While essentially technical in nature, these 
corrections are critical because typographical and other errors 
in the USA PATRIOT Act provisions are preventing prosecutors 
from fully utilizing that Act's tools. For example, certain new 
forfeiture authorities enacted by that Act refer to a 
nonexistent statute, 31 U.S.C. Sec. 5333, where 31 U.S.C. 
Sec. 5331 is intended.
      Subsection (a) makes technical corrections to a number of 
provisions in the USA PATRIOT Act.Subsection (b) codifies 
section 316(a)-(c) of that Act as 18 U.S.C. Sec. 987. Subsection (c) 
adds explicit language covering conspiracies to carry out two offenses 
likely to be committed by terrorists (18 U.S.C. Sec. Sec. 33(a) and 
1366), thereby conforming these provisions to various crimes modified 
by section 811 of the USA PATRIOT Act, which added conspiracy language 
to other terrorism offense.
Section 407. Cross reference correction
      Section 407 of the conference report is substantively 
identical to section 408 of the House bill. There is no 
comparable provision in the Senate amendment. This section 
corrects a cross-reference, replacing the ``National 
Intelligence Reform Act of 2004'' with the correct title, the 
``Intelligence Reform and Terrorism Prevention Act of 2004.''
Section 408. Amendment to amendatory language
      Section 408 of the conference report is substantively 
identical to section 409 of the House bill. There is no 
comparable provision in the Senate amendment. This section 
amends an incorrect citation.
Section 409. Designation of additional money laundering predicate
      Section 409 of the conference report is substantively 
identical to section 410 of the House bill. There is no 
comparable provision in the Senate amendment. This section adds 
18 U.S.C. Sec. 2339D (relating to receiving military-type 
training from a foreign terrorist organization) as a money 
laundering predicate.

                         TITLE V--MISCELLANEOUS

Section 501. Residence of United States Attorneys and Assistant United 
        States Attorneys
      Section 501 is a new section and addresses an 
unintentional effect of the residency requirement for United 
States Attorneys and Assistant United States Attorneys. Section 
501 of the conference report provides that the Attorney General 
can order that residency requirements be waived when a United 
States Attorney or Assistant United States Attorney is assigned 
dual or additional responsibilities. This provision will enable 
activities such as participation by United States Attorneys in 
legal activities in Iraq.
Section 502. Interim appointment of United States Attorneys
      Section 502 is a new section and addresses an 
inconsistency in the appointment process of United States 
Attorneys.
Section 503. Secretary of Homeland Security in Presidential line of 
        succession
      Section 503 of the conference report is a new section and 
fills a gap in the Presidential line of succession by including 
the Secretary of Homeland Security.
Section 504. Bureau of Alcohol, Tobacco, and Firearms to the Department 
        of Justice
      Section 504 of the conference report is a new section. 
This provision modifies the appointment procedure for the 
Director of the Bureau of Alcohol, Tobacco, and Firearms by 
providing that the President, with the advice and consent of 
the Senate, shall appoint the Director.
Section 505. Qualifications of United States Marshals
      Section 505 of the conference report is a new section. 
This section clarifies the qualifications individuals should 
have before joining the United States Marshals.
Section 506. Department of Justice intelligence matters
      Section 506 is a new section that establishes a National 
Security Division (NSD) within the DOJ, headed by an Assistant 
Attorney General for National Security (AAGNS). This section is 
consistent with a recommendation by the WMD Commission that the 
``Department of Justice's primary national security elements--
the Office of Intelligence Policy and Review, and the 
Counterterrorism and Counterespionage sections--should be 
placed under a new Assistant Attorney General for National 
Security.'' A version of this section was included in S. 1803, 
the ``Intelligence Reauthorization bill for fiscal year 2006,'' 
which was reported favorably by the Senate Select Committee on 
Intelligence on September 29, 2005.
Section 507. Review by Attorney General
      Section 507 is a new section. It modifies the process by 
which States can opt in to the expedited habeas procedures for 
capital cases under chapter 154 of title 28 of the United 
States Code by shifting responsibility to the Attorney General 
for certifying when a State has qualified. This section also 
allows for de novo review in the U.S. Court of Appeals for the 
District of Columbia Circuit of the Attorney General's 
certification. It relaxes the time constraints imposed on 
judges for deciding habeas cases under chapter 154. This 
section also clarifies when a habeas proceeding is `pending' 
for purposes of 28 U.S.C. 2251, which controls the 
circumstances under which a federal court hearing a habeas 
petition may stay a State court action. Overruling McFarland v. 
Scott, 512 U.S. 849 (1994), this section provides that a habeas 
proceeding is not `pending' until the habeas application itself 
is filed. For prisoners who have applied for counsel pursuant 
to 18 U.S.C. 3599(a)(2), there is a limited exception allowing 
the court to stay execution of a death sentence until after the 
attorney has been appointed or the application withdrawn or 
denied.

                        TITLE VI--SECRET SERVICE

Section 601. Short title
      The short title is ``Secret Service Authorization and 
Technical Modification Act of 2005.'' Section 601 of the 
conference report is new.
Section 602. Interference with national special security events
      Section 602 of the conference report is a new section. 18 
U.S.C. Sec. 1752 authorizes the Secret Service to charge 
individuals who breach established security perimeters or 
engage in other disruptive or potentially dangerous conduct at 
National Special Security Events (NSSEs) if a Secret Service 
protectee is attending the designated event. Section 602 of the 
conference report expands 18 U.S.C. Sec. 1752 to criminalize 
such security breaches at NSSEs that occur when the Secret 
Service protectee is not in attendance. Additionally, it 
doubles the statutory penalties (from 6 months to 1 year) for 
violations of Sec. 1752, to make the penalty consistent with 
the prescribed penalty under 18 U.S.C. Sec. 3056(d) 
(interference with Secret Service law enforcement personnel 
generally). The conference report makes punishable by up to 10 
years the thwarting of security procedures by individuals in 
possession of dangerous or deadly weapons.
Section 603. False credentials to national special security events
      Section 603 of the conference report is a new section. 
This section amends 18 U.S.C. Sec. 1028 to make it a Federal 
crime to knowingly produce, possess, or transfer a false 
identification document that could be used to gain unlawful and 
unauthorized access to any restricted area of a building or 
grounds in conjunction with a NSSE. Such actions were a problem 
during the 2002 Winter Olympics, and the conference report will 
allow for Federal prosecution against such criminal violations 
at future NSSEs.
Section 604. Forensic and investigative support of missing and 
        exploited children cases
      Section 604 of the conference report is a new section. On 
April 30, 2003, President Bush signed into law the Child 
Abduction Prevention Act (Pub. Law No. 108-21), which 
authorizes the Secret Service to provide, upon request, 
forensic and investigative assistance to the National Center 
for Missing and Exploited Children or local law enforcement 
agencies. The current statute states that ``officers and 
agents'' of the Secret Service may provide this assistance. 
Section 604 of the conference report clarifies that forensic 
and other civilian personnel, such as fingerprint specialists, 
polygraph examiners, and handwriting analysts, are authorized 
to provide such assistance.
Section 605. The uniformed division, United States Secret Service
      Section 605 of the conference report is a new section. 
This section places all authorities of the Uniformed Division, 
which are currently authorized under title 3, in a newly 
created 18 U.S.C. Sec. 3056A, following the core authorizing 
statute of the Secret Service (18 U.S.C. Sec. 3056), thereby 
organizing the Uniformed Division under title 18 of the United 
States Code with other Federal law enforcement agencies.
Section 606. Savings provisions
      Section 606 of the conference report is a new section. 
This section makes clear that the transfer of the Uniformed 
Division from title 3 of the United States Code to title 18 of 
the United States Code shall have no impact on the retirement 
benefits of current employees or annuitants and others 
necessary to reimburse State and local government organizations 
for support provided in connection with a visit of a foreign 
government official.
Section 607. Maintenance as distinct entity
      Section 607 of the conference report is a new section. 
This section provides a clear operational and organizational 
framework for the Secret Service that maintains the Secret 
Service as a distinct component of the Department of Homeland 
Security while providing the Service with necessary operational 
latitude. It allows for the Director of the Secret Service to 
report directly to the Secretary of the Department of Homeland 
Security. Finally, the conference report provides that the 
assets, agents, officers, and other personnel of the Secret 
Service shall remain at all times under the command and control 
of the Director.
Section 608. Exemptions from the Federal Advisory Committee Act
      Section 608 of the conference report is a new section. 
This section exempts the functions of the Secret Service's 
Electronic Crime Task Forces and the candidate protection 
committee from the Federal Advisory Committee Act (5 U.S.C. 
App. 2), which imposes a series of requirements on committees 
established or utilized by Federal agencies to provide advice 
or recommendations to any agency or Federal officer. Committees 
that wholly consist of full-time officers or employees of the 
Federal Government are not covered by the Act. If the advisory 
committee is subject to the Act, it must, among other 
requirements, open its meetings to the public, publish notice 
of meetings in the Federal Register, and make its minutes 
available to the public. There are current exemptions from 
these requirements, such as committees established by the CIA 
and the Federal Reserve. This amendment eliminates any doubt 
and confirms that the Act does not apply to the Electronic 
Crime Task Forces or the candidate protection committee.

         TITLE VII--COMBAT METHAMPHETAMINE EPIDEMIC ACT OF 2005

Section 701. Short title
      The short title is the ``Combat Methamphetamine Epidemic 
Act of 2005.'' Section 701 of the conference report is a new 
section.

         SUBTITLE A--DOMESTIC REGULATION OF PRECURSOR CHEMICALS

Section 711. Scheduled listed chemical products; restrictions on sale 
        quantity, behind-the counter access, and other safeguards
      This section of the conference report is new. Section 711 
reclassifies pseudoephedrine, phenylpropanolamine, and 
ephedrine as Schedule Listed Chemicals; reduces the Federal 
pertransaction sales limit for SLCs from 9 grams to 3.6 grams 
(the amount recently proposed by the Administration); requires 
behind-the-counter storage or locked cabinet storage of SLCs; 
requires that regulated sellers (retail distributors and 
pharmacies) maintain a written log of purchases; restricts 
monthly sales to no more than 9.0 grams per purchaser; imposes 
similar requirements on Internet sellers and mobile retail 
vendors; and requires each regulated seller to submit a 
certification that it is in compliance with these requirements, 
that its employees have been trained as to these requirements, 
and that records relating to such training are maintained at 
the retailers location. Such certifications are to be made 
available by the Attorney General to State and local law 
enforcement.
Section 712. Regulated transactions
      This section of the conference report is new and repeals 
the Federal ``blister pack'' exemption, and clarifies the law 
to include derivatives of each of these chemicals. It makes 
conforming amendments to the current law, to accommodate the 
new sales restrictions, and makes another technical correction 
to make it clear that these sales limitations apply to drug 
combinations containing derivatives of pseudoephedrine, 
ephedrine, or phenylpropanolamine.
Section 713. Authority to establish production quotas
      This section of the conference report is new and extends 
the Attorney General's existing authority to set production 
quotas for certain controlled substances (see 21 U.S.C. 
Sec. 826) to pseudoephedrine, ephedrine, and 
phenylpropanolamine. Currently, domestic production of these 
chemicals is not very high, as most of our country's supply is 
imported. With the adoption of the import quotas in section 715 
of this Act (see below), however, the Attorney General would 
require corresponding authority within the U.S. if domestic 
production were to increase. Current law (as amended) would 
allow manufacturers to apply for increases in their production 
quotas (see 21 U.S.C. Sec. 826(e)).
Section 714. Penalties; authority for manufacturing; quota
      This section of the conference report is new and expands 
the existing penalty for illegal production beyond established 
quotas (see 21 U.S.C. Sec. 842(b)) to take into account the 
Attorney General's new authority to set quotas for 
methamphetamine precursors.
Section 715. Restrictions on importation; authority to permit imports 
        for medical, scientific, or other legitimate purposes
      Section 715 of the conference report is a new provision 
and extends the Attorney General's existing authority to set 
import quotas for controlled substances (see 21 U.S.C. 
Sec. 952) to pseudoephedrine, ephedrine, and 
phenylpropanolamine. This section allows registered importers 
to apply for temporary or permanent increases in a quota to 
meet legitimate needs. The. Attorney General is required to act 
on all such applications within 60 days.
Section 716. Notice of importation or exportation; approval of sale or 
        transfer by importer or exporter
      Section 716 of the conference report is new and closes a 
loophole in the current regulatory system for imports and 
exports of precursor chemicals for methamphetamine and other 
synthetic drugs. Under current law, a company that wants to 
import or export pseudoephedrine or another precursor chemical 
must either: (1) Notify the Department of Justice 15 days in 
advance of the import or export; or (2) be a company that has 
previously imported or exported a precursor and is proposing to 
sell the chemicals to a customer with whom the company has 
previously dealt. (See 21 U.S.C. Sec. 971(a), (b).)
      A problem can arise, however, when the sale that the 
importer or exporter originally planned falls through. When 
this happens, the importer or exporter must quickly find a new 
buyer for the chemicals on what is called the ``spot market''--
a wholesale market. Sellers are often under pressure to find a 
buyer in a short amount of time, meaning that they may be 
tempted to entertain bids from companies without a strong 
record of preventing diversion. More importantly, the 
Department of Justice has no opportunity to review such 
transactions in advance and suspend them if there is a danger 
of diversion to illegal drug production.
      This section extends the current reporting requirements--
as well as the current exemption for regular importers and 
customers--to post-import or export transactions. If an 
importer or exporter were required to file an initial advance 
notice with the Department of Justice 15 days before the 
shipment of chemicals, and the originally planned sale fell 
through, the importer or exporter would be required to file a 
second advance notice with DOJ identifying the new proposed 
purchaser. DOJ would then have 15 days to review the new 
transaction and decide whether it presents enough of a risk of 
diversion to warrant suspension. As is the case under existing 
law, a suspension can be appealed through an administrative 
process. (See 21 U.S.C. Sec. 971(c)(2)
      If, however, the new proposed purchaser qualifies as a 
``regular'' customer under existing law, the importer or 
exporter would not be required to file a second advance notice. 
(Note that under current law, DOJ does receive a record of 
these transactions after the fact, see 21 U.S.C. 
Sec. 971(b)(1)).
Section 717. Enforcement of restrictions on importation and of 
        requirement of notice of transfer
      This section of the conference report is new and makes a 
conforming amendment to current lawto extend existing penalties 
for illegal imports or exports to the new regulatory requirements added 
by sections 715 and 716 of the conference report.
Section 718. Coordination with United States Trade Representative
      This section of the conference report is new and requires 
coordination by the Attorney General with the United States 
Trade Representative.

      SUBTITLE B--INTERNATIONAL REGULATION OF PRECURSOR CHEMICALS

Section 721. Information of foreign chain of distribution; import 
        restrictions regarding failure of distributors to cooperate
      This section of the conference report is new and further 
amends the reporting requirements for importers of meth 
precursor chemicals, by requiring them to file with Federal 
regulators the detailed information about the chain of 
distribution of imported chemicals (from the manufacturer to 
the shores of the U.S.). This provision will assist U.S. law 
enforcement agencies to better track where meth precursors come 
from, and how they get to the U.S. At present, very little 
information exists about the international ``chain of 
distribution'' for these chemicals, hindering effective 
controls.
Section 722. Requirements relating to the largest exporting and 
        importing countries of certain precursor chemicals
      This section of the conference report is new, and was 
originally introduced by Rep. Mark Kennedy in the House and was 
adopted by the House as part of the State Department 
reauthorization legislation for FE 2006-07 (H.R. 2601). It 
mandates a separate section of the current State Department 
report on major drug producing and transit countries (see 22 
U.S.C. 2291h), identifying the five largest exporters of major 
methamphetamine precursor chemicals, and the five largest 
importers that also have the highest rate of methamphetamine 
production or diversion of these chemicals to the production of 
methamphetamine. If any of those countries was not fully 
cooperating with U.S. law enforcement in implementing their 
responsibilities under international drug control treaties, 
there would be consequences for their eligibility for U.S. aid, 
similar to those faced by the major drug trafficking nations 
under current law.
      The conference report adds a provision clarifying the 
original intent of this amendment, to apply the ``fully 
cooperates'' standard (and not the lesser standard under 
another, separate provision of law). The provision also 
includes an authorization of one million dollars for 
implementation. The House recently passed an amendment to the 
State Department's appropriations bill for FY '06, adding $5 
million for the State Department to implement anti-
methamphetamine measures; this $1 million could be derived from 
that amount.
Section 723. Prevention of smuggling of methamphetamine into the United 
        States from Mexico
      This section of the conference report is new and requires 
the State Department's Bureau for International Narcotics and 
Law Enforcement Affairs (INL) to provide assistance to Mexico 
to prevent the production of methamphetamine in that country, 
and to encourage Mexico to stop the illegal diversion of 
methamphetamine precursor chemicals. The conference report 
authorizes the use of $4 million of the $5 million recently 
approved by the House for these purposes. (The remaining funds 
would be available to help the State Department implement Sec. 
722, as described above.)

SUBTITLE C--ENHANCED CRIMINAL PENALTIES FOR METHAMPHETAMINE PRODUCTION 
                              AND TRACKING

Section 731. Smuggling methamphetamine or methamphetamine precursor 
        chemicals into the United States while using facilitated entry 
        programs
      This section of the conference report is new. Even as 
more methamphetamine is being smuggled across the border, 
increased legitimate international traffic has forced the 
bureau of Customs and Border Protection (CBP) to rely on 
facilitated entry programs--so-called ``fastpass'' systems like 
SENTRI (for passenger traffic on the Southwest border), FAST 
(for commercial truck traffic), and NEXUS (for passenger 
traffic on the Northern border). These systems allow pre-
screened individuals to use dedicated lanes at border 
crossings, subject only to occasional searches to test 
compliance with customs and immigration laws. This section of 
the conference report creates an added deterrent for anyone who 
misuses a facilitated entry program to smuggle methamphetamine 
or its precursor chemicals. An additional penalty of up to 15 
years. imprisonment is added to the punishment for the base 
offense. If convicted, an individual would also be permanently 
barred from using a fastpass system.
Section 732. Manufacturing controlled substances on Federal property
      This section of the conference report is new. This 
section clarifies that current penalties for cultivating 
illegal drugs on Federal property also apply to manufacturing 
synthetic drugs (such as methamphetamine). Methamphetamine 
``cooks'' frequently move their operations to parks, national 
forests, and other public lands, causing serious environmental 
damage. This criminal penalty can help deter such destructive 
conduct.
Section 733. Increased punishment for methamphetamine kingpins
      This provision of the conference report is new, and 
allows for easier application of the enhanced penalties of the 
``continuing criminal enterprise'' section of the Controlled 
Substances Act (21 U.S.C. Sec. 848). That section (commonly 
referred to as the ``kingpin'' statute) imposes life 
imprisonment on a leader of a drug trafficking organization 
convicted of trafficking in very large quantities of a drug, 
and receiving very large profits from that activity. This new 
provision reduces the threshold amount of methamphetamine (from 
300 to 200 times the threshold for base violations) and profits 
from methamphetamine (from $10 million to $5 million), while 
still applying the life imprisonment penalty only to. true 
``kingpins''--the ringleaders of methamphetamine trafficking 
organizations.
Section 734. New child-protection criminal enhancement
      This provision of the conference report, which is new, 
punishes an offender who manufactures methamphetamine at a 
location where a child resides or is present, and imposes a 
consecutive. sentence of up to an additional 20 years 
imprisonment.
Section 735. Amendments to certain sentencing court reporting 
        requirements
      This provision of the conference report is new and 
authorizes the United States Sentencing Commission to establish 
a form to be used by United States District Judges when 
imposing criminal sentences in order to facilitate data 
gathering and reporting by the Sentencing Commission.
Section 736. Semiannual reports to Congress
      This provision, which is new to the conference report, 
requires the Attorney General to report to Congress on 
investigations and prosecutions relating to methamphetamine 
production.

   SUBTITLE D--ENHANCED ENVIRONMENTAL REGULATION OF METHAMPHETAMINE 
                               BYPRODUCTS

Section 741. Biennial report to Congress on agency designations of by-
        products on methamphetamine laboratories as hazardous materials
      This provision of the conference report is new, and 
requires the Department of Transportation to report to Congress 
every two years whether then-existing statutes and regulations 
cover methamphetamine by-products as hazardous materials.
Section 742. Methamphetamine production report
      This provision of the conference report is new, and 
requires the Environmental Protection Agency (EPA) to report to 
Congress every two years on whether then-existing statutes and 
regulations cover methamphetamine by-products as hazardous 
materials.
Section 743. Cleanup costs
      This provision of the conference report is new, and 
clarifies existing law imposing the obligation of restitution 
for environmental cleanup costs on persons involved in meth 
production and trafficking. The recent decision of the Eighth 
Circuit Court of Appeals in United States v. Lachowski (405 F3d 
696, 8th Cir. 2005) has undermined the ability of the Federal 
government to seek cleanup costs. from methamphetamine 
traffickers who are convicted only of methamphetamine 
possession--even when the methamphetamine lab in question was 
on thedefendant's own property. This provision would ensure 
that any person convicted of a methamphetamine-related offense can be 
held liable for clean-up costs for methamphetamine production that took 
place on the defendant's own property, or in his or her place of 
business or residence.

             SUBTITLE E--ADDITIONAL PROGRAMS AND ACTIVITIES

Section 751. Improvements to Department of Justice Drug Courts program
      This section of the conference report is new, and revises 
the Drug Court program statute to clarify the requirement for 
periodic testing, graduated sanctions when an offender tests 
positive, and a list of potential sanctions when a positive 
test occurs.
Section 752. Drug Courts funding
      This provision of the conference report is new and 
authorizes appropriations for drug courts.
Section 753. Feasibility study on Federal Drug Courts
      This provision of the conference report, which is new, 
directs the Attorney General to conduct a study on the 
feasibility of Federal drug courts.
Section 754. Grants to hot spot areas to reduce availability of 
        methamphetamine
      This section, which is new to the conference report, 
authorizes $99 million for fiscal years 2006 to 2010 for grants 
to State and local law enforcement agencies to assist in the 
investigation of methamphetamine traffickers and to reimburse 
the DEA for assistance in cleaning up methamphetamine 
laboratories.
Section 755. Grants for programs for drug-endangered children
      This section of the conference report, which is new, 
authorizes grants to States to assist in treatment of children 
who have been endangered by living at a residence where 
methamphetamine has been manufactured or distributed.
Section 756. Authority to award competitive grants to address 
        methamphetamine use by pregnant and parenting women offenders
      Section 756 is a new provision and authorizes the 
Attorney General to award grants to address the use of 
methamphetamine among pregnant and parenting women offenders to 
promote public safety, public health, family permanence and 
well being.

                From the Committee on the Judiciary, for 
                consideration of the House bill (except section 
                132) and the Senate amendment, and 
                modifications committed to conference:
                                   F. James Sensenbrenner, Jr.,
                                   Howard Coble,
                                   Lamar Smith,
                                   Elton Gallegly,
                                   Steve Chabot,
                                   William L. Jenkins,
                                   Daniel Lungren,
                From the Permanent Select Committee on 
                Intelligence, for consideration of secs. 102, 
                103, 106, 107, 109, and 132 of the House bill, 
                and secs. 2, 3, 6, 7, 9, and 10 of the Senate 
                amendment, and modifications committed to 
                conference:
                                   Pete Hoekstra,
                                   Heather Wilson,
                From the Committee on Energy and Commerce, for 
                consideration of secs. 124 and 231 of the House 
                bill, and modifications committed to 
                conference:
                                   Charlie Norwood,
                                   John Shadegg,
                From the Committee on Financial Services, for 
                consideration of sec. 117 of the House bill, 
                and modifications committed to conference:
                                   Michael G. Oxley,
                                   Spencer Bachus,
                From the Committee on Homeland Security, for 
                consideration of secs. 127-129 of the House 
                bill, and modifications committed to 
                conference:
                                   Peter T. King,
                                   Curt Weldon,
                                 Managers on the Part of the House.

                                   Arlen Specter,
                                   Orrin Hatch,
                                   Jon Kyl,
                                   Mike DeWine,
                                   Jeff Sessions,
                                   Pat Roberts,
                                Managers on the Part of the Senate.

                                  
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