II 

109TH CONGRESS 

1ST SESSION S. 2118 

To amend the USA PATRIOT ACT to extend the sunset of certain provisions 

of that Act and the lone wolf provision of the Intelligence Reform 

and Terrorism Prevention Act of 2004 to March 31, 2006, and to 

combat methamphetamine abuse. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 15, 2005 

Mr. SUNUNU (for himself, Mrs. FEINSTEIN, Mr. CRAIG, Mr. OBAMA, Ms. 

MURKOWSKI, Mr. HAGEL, and Mrs. CLINTON) introduced the following 

bill; which was read twice and referred to the Committee on the Judiciary 

A BILL 

To amend the USA PATRIOT ACT to extend the sunset 

of certain provisions of that Act and the lone wolf provision of the Intelligence Reform and Terrorism Prevention 

Act of 2004 to March 31, 2006, and to combat methamphetamine abuse. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
2 

•S 2118 IS

1 TITLE I—EXTENSION OF SUNSET 

2 OF CERTAIN PROVISIONS OF 

3 THE USA PATRIOT ACT AND 

4 THE LONE WOLF PROVISION 

5 OF THE INTELLIGENCE RE6 FORM AND TERRORISM PRE7 VENTION ACT OF 2004 

8 SECTION 101. EXTENSION OF SUNSET OF CERTAIN PROVI9 SIONS OF THE USA PATRIOT ACT AND THE 

10 LONE WOLF PROVISION OF THE INTEL11 LIGENCE REFORM AND TERRORISM PREVEN12 TION ACT OF 2004. 

13 Section 224(a) of the Uniting and Strengthening 

14 America by Providing Appropriate Tools Required to 

15 Intercept and Obstruct Terrorism (USA PATRIOT ACT) 

16 Act of 2001 (Public Law 107–56; 115 Stat. 295) is 

17 amended by striking ‘‘December 31, 2005’’ and inserting 

18 ‘‘March 31, 2006’’. 

19 TITLE II—COMBAT METH20 AMPHETAMINE EPIDEMIC 

21 ACT OF 2005 

22 SEC. 201. SHORT TITLE. 

23 This title may be cited as the ‘‘Combat Methamphet24 amine Epidemic Act of 2005’’. 
3 

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1 Subtitle A—Domestic Regulation of 

2 Precursor Chemicals 

3 SEC. 211. SCHEDULED LISTED CHEMICAL PRODUCTS; RE4 STRICTIONS ON SALES QUANTITY, BEHIND5 THE-COUNTER ACCESS, AND OTHER SAFE6 GUARDS. 

7 (a) SCHEDULED LISTED CHEMICAL PRODUCTS.— 

8 (1) IN GENERAL.—Section 102 of the Con9 trolled Substances Act (21 U.S.C. 802) is amend10 ed— 

11 (A) by redesignating paragraph (46) as 

12 paragraph (49); and 

13 (B) by inserting after paragraph (44) the 

14 following paragraphs: 

15 ‘‘(45)(A) The term ‘scheduled listed chemical prod16 uct’ means, subject to subparagraph (B), a product that— 

17 ‘‘(i) contains ephedrine, pseudoephedrine, or 

18 phenylpropanolamine; and 

19 ‘‘(ii) may be marketed or distributed lawfully in 

20 the United States under the Federal, Food, Drug, 

21 and Cosmetic Act as a nonprescription drug. 

22 Each reference in clause (i) to ephedrine, 

23 pseudoephedrine, or phenylpropanolamine includes 

24 each of the salts, optical isomers, and salts of optical 

25 isomers of such chemical. 
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1 ‘‘(B) Such term does not include a product described 

2 in subparagraph (A) if the product contains a chemical 

3 specified in such subparagraph that the Attorney General 

4 has under section 201(a) added to any of the schedules 

5 under section 202(c). In the absence of such scheduling 

6 by the Attorney General, a chemical specified in such sub7 paragraph may not be considered to be a controlled sub8 stance. 

9 ‘‘(46) The term ‘regulated seller’ means a retail dis10 tributor (including a pharmacy or a mobile retail vendor), 

11 except that such term does not include an employee or 

12 agent of such distributor. 

13 ‘‘(47) The term ‘mobile retail vendor’ means a person 

14 or entity that makes sales at retail from a stand that is 

15 intended to be temporary, or is capable of being moved 

16 from one location to another, whether the stand is located 

17 within or on the premises of a fixed facility (such as a 

18 kiosk at a shopping center or an airport) or whether the 

19 stand is located on unimproved real estate (such as a lot 

20 or field leased for retail purposes). 

21 ‘‘(48) The term ‘at retail’, with respect to the sale 

22 or purchase of a scheduled listed chemical product, means 

23 a sale or purchase for personal use, respectively.’’. 
5 

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1 (2) CONFORMING AMENDMENTS.—The Con2 trolled Substances Act (21 U.S.C. 801 et seq.) is 

3 amended— 

4 (A) in section 102, in paragraph (49) (as 

5 redesignated by paragraph (1)(A) of this sub6 section)— 

7 (i) in subparagraph (A), by striking 

8 ‘‘pseudoephedrine or’’ and inserting 

9 ‘‘ephedrine, pseudoephedrine, or’’; and 

10 (ii) by striking subparagraph (B) and 

11 redesignating subparagraph (C) as sub12 paragraph (B); and 

13 (B) in section 310(b)(3)(D)(ii), by striking 

14 ‘‘102(46)’’ and inserting ‘‘102(49)’’. 

15 (b) RESTRICTIONS ON SALES QUANTITY; BEHIND16 THE-COUNTER ACCESS; LOGBOOK REQUIREMENT; TRAIN17 ING OF SALES PERSONNEL; PRIVACY PROTECTIONS.— 

18 (1) IN GENERAL.—Section 310 of the Con19 trolled Substances Act (21 U.S.C. 830) is amended 

20 by adding at the end the following subsections: 

21 ‘‘(d) SCHEDULED LISTED CHEMICALS; RESTRIC22 TIONS ON SALES QUANTITY; REQUIREMENTS REGARDING

23 NONLIQUID FORMS.—With respect to ephedrine base, 

24 pseudoephedrine base, or phenylpropanolamine base in a 

25 scheduled listed chemical product— 
6 

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1 ‘‘(1) the quantity of such base sold at retail in 

2 such a product by a regulated seller, or a distributor 

3 required to submit reports by subsection (b)(3) may 

4 not, for any purchaser, exceed a daily amount of 3.6 

5 grams, without regard to the number of trans6 actions; and 

7 ‘‘(2) such a seller or distributor may not sell 

8 such a product in nonliquid form (including gel 

9 caps) at retail unless the product is packaged in blis10 ter packs, each blister containing not more than 2 

11 dosage units, or where the use of blister packs is 

12 technically infeasible, the product is packaged in 

13 unit dose packets or pouches. 

14 ‘‘(e) SCHEDULED LISTED CHEMICALS; BEHIND-THE15 COUNTER ACCESS; LOGBOOK REQUIREMENT; TRAINING

16 OF SALES PERSONNEL; PRIVACY PROTECTIONS.— 

17 ‘‘(1) REQUIREMENTS REGARDING RETAIL

18 TRANSACTIONS.— 

19 ‘‘(A) IN GENERAL.—Each regulated seller 

20 shall ensure that, subject to subparagraph (F), 

21 sales by such seller of a scheduled listed chem22 ical product at retail are made in accordance 

23 with the following: 

24 ‘‘(i) In offering the product for sale, 

25 the seller places the product such that cus-
7 

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1 tomers do not have direct access to the 

2 product before the sale is made (in this 

3 paragraph referred to as ‘behind-the4 counter’ placement). For purposes of this 

5 paragraph, a behind-the-counter placement 

6 of a product includes circumstances in 

7 which the product is stored in a locked 

8 cabinet that is located in an area of the fa9 cility involved to which customers do have 

10 direct access. 

11 ‘‘(ii) The seller delivers the product 

12 directly into the custody of the purchaser. 

13 ‘‘(iii) The seller maintains, in accord14 ance with criteria issued by the Attorney 

15 General, a written or electronic list of such 

16 sales that identifies the products by name, 

17 the quantity sold, the names and addresses 

18 of purchasers, and the dates and times of 

19 the sales (which list is referred to in this 

20 subsection as the ‘logbook’), except that 

21 such requirement does not apply to any 

22 purchase by an individual of a single sales 

23 package if that package contains not more 

24 than 60 milligrams of pseudoephedrine. 
8 

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1 ‘‘(iv) In the case of a sale to which 

2 the requirement of clause (iii) applies, the 

3 seller does not sell such a product unless— 

4 ‘‘(I) the prospective purchaser— 

5 ‘‘(aa) presents an identifica6 tion card that provides a photo7 graph and is issued by a State or 

8 the Federal Government, or a 

9 document that, with respect to 

10 identification, is considered ac11 ceptable for purposes of sections 

12 274a.2(b)(1)(v)(A) and 

13 274a.2(b)(1)(v)(B) of title 8, 

14 Code of Federal Regulations (as 

15 in effect on or after the date of 

16 the enactment of the Combat 

17 Methamphetamine Epidemic Act 

18 of 2005); and 

19 ‘‘(bb) signs the logbook and 

20 enters in the logbook his or her 

21 name, address, and the date and 

22 time of the sale; and 

23 ‘‘(II) the seller— 

24 ‘‘(aa) determines that the 

25 name entered in the logbook cor-
9 

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1 responds to the name provided on 

2 such identification and that the 

3 date and time entered are cor4 rect; and 

5 ‘‘(bb) enters in the logbook 

6 the name of the product and the 

7 quantity sold. 

8 ‘‘(v) The logbook includes, in accord9 ance with criteria of the Attorney General, 

10 a notice to purchasers that entering false 

11 statements or misrepresentations in the 

12 logbook may subject the purchasers to 

13 criminal penalties under section 1001 of 

14 title 18, United States Code, which notice 

15 specifies the maximum fine and term of 

16 imprisonment under such section. 

17 ‘‘(vi) The seller maintains each entry 

18 in the logbook for not fewer than two years 

19 after the date on which the entry is made. 

20 ‘‘(vii) In the case of individuals who 

21 are responsible for delivering such products 

22 into the custody of purchasers or who deal 

23 directly with purchasers by obtaining pay24 ments for the products, the seller has sub25 mitted to the Attorney General a self-cer-
10 

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1 tification that all such individuals have, in 

2 accordance with criteria under subpara3 graph (B)(ii), undergone training provided 

4 by the seller to ensure that the individuals 

5 understand the requirements that apply 

6 under this subsection and subsection (d). 

7 ‘‘(viii) The seller maintains a copy of 

8 such certification and records dem9 onstrating that individuals referred to in 

10 clause (vii) have undergone the training. 

11 ‘‘(ix) If the seller is a mobile retail 

12 vendor: 

13 ‘‘(I) The seller complies with 

14 clause (i) by placing the product in a 

15 locked cabinet. 

16 ‘‘(II) The seller does not sell 

17 more than 7.5 grams of ephedrine 

18 base, pseudoephedrine base, or phen19 ylpropanolamine base in such prod20 ucts per customer during a 30-day pe21 riod. 

22 ‘‘(B) ADDITIONAL PROVISIONS REGARDING

23 CERTIFICATIONS AND TRAINING.— 

24 ‘‘(i) IN GENERAL.—A regulated seller 

25 may not sell any scheduled listed chemical 
11 

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1 product at retail unless the seller has sub2 mitted to the Attorney General the self3 certification referred to in subparagraph 

4 (A)(vii). The certification is not effective 

5 for purposes of the preceding sentence un6 less, in addition to provisions regarding the 

7 training of individuals referred to in such 

8 subparagraph, the certification includes a 

9 statement that the seller understands each 

10 of the requirements that apply under this 

11 paragraph and under subsection (d) and 

12 agrees to comply with the requirements. 

13 ‘‘(ii) ISSUANCE OF CRITERIA; SELF14 CERTIFICATION.—The Attorney General 

15 shall by regulation establish criteria for 

16 certifications under this paragraph. The 

17 criteria shall— 

18 ‘‘(I) provide that the certifi19 cations are self-certifications provided 

20 through the program under clause 

21 (iii); 

22 ‘‘(II) provide that a separate cer23 tification is required for each place of 

24 business at which a regulated seller 
12 

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1 sells scheduled listed chemical prod2 ucts at retail; and 

3 ‘‘(III) include criteria for train4 ing under subparagraph (A)(vii). 

5 ‘‘(iii) PROGRAM FOR REGULATED

6 SELLERS.—The Attorney General shall es7 tablish a program regarding such certifi8 cations and training in accordance with the 

9 following: 

10 ‘‘(I) The program shall be car11 ried out through an Internet site of 

12 the Department of Justice and such 

13 other means as the Attorney General 

14 determines to be appropriate. 

15 ‘‘(II) The program shall inform 

16 regulated sellers that section 1001 of 

17 title 18, United States Code, applies 

18 to such certifications. 

19 ‘‘(III) The program shall make 

20 available to such sellers an expla21 nation of the criteria under clause (ii). 

22 ‘‘(IV) The program shall be de23 signed to permit the submission of the 

24 certifications through such Internet 

25 site. 
13 

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1 ‘‘(V) The program shall be de2 signed to automatically provide the 

3 explanation referred to in subclause 

4 (III), and an acknowledgement that 

5 the Department has received a certifi6 cation, without requiring direct inter7 actions of regulated sellers with staff 

8 of the Department (other than the 

9 provision of technical assistance, as 

10 appropriate). 

11 ‘‘(iv) AVAILABILITY OF CERTIFI12 CATION TO STATE AND LOCAL OFFI13 CIALS.—Promptly after receiving a certifi14 cation under subparagraph (A)(vii), the 

15 Attorney General shall make available a 

16 copy of the certification to the appropriate 

17 State and local officials. 

18 ‘‘(C) PRIVACY PROTECTIONS.—In order to 

19 protect the privacy of individuals who purchase 

20 scheduled listed chemical products, the Attorney 

21 General shall by regulation establish restrictions 

22 on disclosure of information in logbooks under 

23 subparagraph (A)(iii). Such regulations shall— 

24 ‘‘(i) provide for the disclosure of the 

25 information as appropriate to the Attorney 
14 

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1 General and to State and local law enforce2 ment agencies; and 

3 ‘‘(ii) prohibit accessing, using, or 

4 sharing information in the logbooks for 

5 any purpose other than to ensure compli6 ance with this title or to facilitate a prod7 uct recall to protect public health and safe8 ty. 

9 ‘‘(D) FALSE STATEMENTS OR MISREPRE10 SENTATIONS BY PURCHASERS.—For purposes 

11 of section 1001 of title 18, United States Code, 

12 entering information in the logbook under sub13 paragraph (A)(iii) shall be considered a matter 

14 within the jurisdiction of the executive, legisla15 tive, or judicial branch of the Government of 

16 the United States. 

17 ‘‘(E) GOOD FAITH PROTECTION.—A regu18 lated seller who in good faith releases informa19 tion in a logbook under subparagraph (A)(iii) to 

20 Federal, State, or local law enforcement au21 thorities is immune from civil liability for such 

22 release unless the release constitutes gross neg23 ligence or intentional, wanton, or willful mis24 conduct. 
15 

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1 ‘‘(F) INAPPLICABILITY OF REQUIREMENTS

2 TO CERTAIN SALES.—Subparagraph (A) does 

3 not apply to the sale at retail of a scheduled 

4 listed chemical product if a report on the sales 

5 transaction is required to be submitted to the 

6 Attorney General under subsection (b)(3). 

7 ‘‘(G) CERTAIN MEASURES REGARDING

8 THEFT AND DIVERSION.—A regulated seller 

9 may take reasonable measures to guard against 

10 employing individuals who may present a risk 

11 with respect to the theft and diversion of sched12 uled listed chemical products, which may in13 clude, notwithstanding State law, asking appli14 cants for employment whether they have been 

15 convicted of any crime involving or related to 

16 such products or controlled substances.’’. 

17 (2) EFFECTIVE DATES.—With respect to sub18 sections (d) and (e)(1) of section 310 of the Con19 trolled Substances Act, as added by paragraph (1) 

20 of this subsection: 

21 (A) Such subsection (d) applies on and 

22 after the expiration of the 30-day period begin23 ning on the date of the enactment of this Act. 

24 (B) Such subsection (e)(1) applies on and 

25 after September 30, 2006. 
16 

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1 (c) MAIL-ORDER REPORTING.— 

2 (1) IN GENERAL.—Section 310(e) of the Con3 trolled Substances Act, as added by subsection 

4 (b)(1) of this section, is amended by adding at the 

5 end the following: 

6 ‘‘(2) MAIL-ORDER REPORTING; VERIFICATION

7 OF IDENTITY OF PURCHASER; 30-DAY RESTRICTION

8 ON QUANTITIES FOR INDIVIDUAL PURCHASERS.— 

9 Each regulated person who makes a sale at retail of 

10 a scheduled listed chemical product and is required 

11 under subsection (b)(3) to submit a report of the 

12 sales transaction to the Attorney General is subject 

13 to the following: 

14 ‘‘(A) The person shall, prior to shipping 

15 the product, confirm the identity of the pur16 chaser in accordance with procedures estab17 lished by the Attorney General. The Attorney 

18 General shall by regulation establish such pro19 cedures. 

20 ‘‘(B) The person may not sell more than 

21 7.5 grams of ephedrine base, pseudoephedrine 

22 base, or phenylpropanolamine base in such 

23 products per customer during a 30-day pe24 riod.’’. 
17 

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1 (2) INAPPLICABILITY OF REPORTING EXEMP2 TION FOR RETAIL DISTRIBUTORS.—Section 

3 310(b)(3)(D)(ii) of the Controlled Substances Act 

4 (21 U.S.C. 830(b)(3)(D)(ii)) is amended by insert5 ing before the period the following: ‘‘, except that 

6 this clause does not apply to sales of scheduled listed 

7 chemical products at retail’’. 

8 (3) EFFECTIVE DATE.—The amendments made 

9 by paragraphs (1) and (2) apply on and after the ex10 piration of the 30-day period beginning on the date 

11 of the enactment of this Act. 

12 (d) EXEMPTIONS FOR CERTAIN PRODUCTS.—Section 

13 310(e) of the Controlled Substances Act, as added and 

14 amended by subsections (b) and (c) of this section, respec15 tively, is amended by adding at the end the following para16 graph: 

17 ‘‘(3) EXEMPTIONS FOR CERTAIN PRODUCTS.— 

18 Upon the application of a manufacturer of a sched19 uled listed chemical product, the Attorney General 

20 may by regulation provide that the product is ex21 empt from the provisions of subsection (d) and para22 graphs (1) and (2) of this subsection if the Attorney 

23 General determines that the product cannot be used 

24 in the illicit manufacture of methamphetamine.’’. 
18 

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1 (e) RESTRICTIONS ON QUANTITY PURCHASED DUR2 ING 30-DAY PERIOD.— 

3 (1) IN GENERAL.—Section 404(a) of the Con4 trolled Substances Act (21 U.S.C. 844(a)) is amend5 ed by inserting after the second sentence the fol6 lowing: ‘‘It shall be unlawful for any person to know7 ingly or intentionally purchase at retail during a 30 

8 day period more than 9 grams of ephedrine base, 

9 pseudoephedrine base, or phenylpropanolamine base 

10 in a scheduled listed chemical product, except that, 

11 of such 9 grams, not more than 7.5 grams may be 

12 imported by means of shipping through any private 

13 or commercial carrier or the Postal Service.’’. 

14 (2) EFFECTIVE DATE.—The amendment made 

15 by paragraph (1) applies on and after the expiration 

16 of the 30-day period beginning on the date of the 

17 enactment . 

18 (f) ENFORCEMENT OF REQUIREMENTS FOR RETAIL

19 SALES.— 

20 (1) CIVIL AND CRIMINAL PENALTIES.— 

21 (A) IN GENERAL.—Section 402(a) of the 

22 Controlled Substances Act (21 U.S.C. 842(a)) 

23 is amended— 

24 (i) in paragraph (10), by striking ‘‘or’’ 

25 after the semicolon; 
19 

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1 (ii) in paragraph (11), by striking the 

2 period at the end and inserting a semi3 colon; and 

4 (iii) by inserting after paragraph (11) 

5 the following paragraphs: 

6 ‘‘(12) who is a regulated seller, or a distributor 

7 required to submit reports under subsection (b)(3) 

8 of section 310— 

9 ‘‘(A) to sell at retail a scheduled listed 

10 chemical product in violation of paragraph (1) 

11 of subsection (d) of such section, knowing at 

12 the time of the transaction involved (inde13 pendent of consulting the logbook under sub14 section (e)(1)(A)(iii) of such section) that the 

15 transaction is a violation; or 

16 ‘‘(B) to knowingly or recklessly sell at re17 tail such a product in violation of paragraph (2) 

18 of such subsection (d); 

19 ‘‘(13) who is a regulated seller to knowingly or 

20 recklessly sell at retail a scheduled listed chemical 

21 product in violation of subsection (e) of such section; 

22 or 

23 ‘‘(14) who is a regulated seller or an employee 

24 or agent of such seller to disclose, in violation of reg25 ulations under subparagraph (C) of section 
20 

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1 310(e)(1), information in logbooks under subpara2 graph (A)(iii) of such section, or to refuse to provide 

3 such a logbook to Federal, State, or local law en4 forcement authorities.’’. 

5 (B) CONFORMING AMENDMENT.—Section 

6 401(f)(1) of the Controlled Substances Act (21 

7 U.S.C. 841(f)(1)) is amended by inserting after 

8 ‘‘shall’’ the following: ‘‘, except to the extent 

9 that paragraph (12), (13), or (14) of section 

10 402(a) applies,’’. 

11 (2) AUTHORITY TO PROHIBIT SALES BY VIOLA12 TORS.—Section 402(c) of the Controlled Substances 

13 Act (21 U.S.C. 842(c)) is amended by adding at the 

14 end the following paragraph: 

15 ‘‘(4)(A) If a regulated seller, or a distributor required 

16 to submit reports under section 310(b)(3), violates para17 graph (12) of subsection (a) of this section, or if a regu18 lated seller violates paragraph (13) of such subsection, the 

19 Attorney General may by order prohibit such seller or dis20 tributor (as the case may be) from selling any scheduled 

21 listed chemical product. Any sale of such a product in vio22 lation of such an order is subject to the same penalties 

23 as apply under paragraph (2). 
21 

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1 ‘‘(B) An order under subparagraph (A) may be im2 posed only through the same procedures as apply under 

3 section 304(c) for an order to show cause.’’. 

4 (g) PRESERVATION OF STATE AUTHORITY TO REGU5 LATE SCHEDULED LISTED CHEMICALS.—This section 

6 and the amendments made by this section may not be con7 strued as having any legal effect on section 708 of the 

8 Controlled Substances Act as applied to the regulation of 

9 scheduled listed chemicals (as defined in section 102(45) 

10 of such Act). 

11 SEC. 212. REGULATED TRANSACTIONS. 

12 (a) CONFORMING AMENDMENTS REGARDING SCHED13 ULED LISTED CHEMICALS.—The Controlled Substances 

14 Act (21 U.S.C. 801 et seq.) is amended— 

15 (1) in section 102— 

16 (A) in paragraph (39)(A)— 

17 (i) by amending clause (iv) to read as 

18 follows: 

19 ‘‘(iv) any transaction in a listed chemical 

20 that is contained in a drug that may be mar21 keted or distributed lawfully in the United 

22 States under the Federal Food, Drug, and Cos23 metic Act, subject to clause (v), unless— 

24 ‘‘(I) the Attorney General has deter25 mined under section 204 that the drug or 
22 

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1 group of drugs is being diverted to obtain 

2 the listed chemical for use in the illicit pro3 duction of a controlled substance; and 

4 ‘‘(II) the quantity of the listed chem5 ical contained in the drug included in the 

6 transaction or multiple transactions equals 

7 or exceeds the threshold established for 

8 that chemical by the Attorney General;’’; 

9 (ii) by redesignating clause (v) as 

10 clause (vi); and 

11 (iii) by inserting after clause (iv) the 

12 following clause: 

13 ‘‘(v) any transaction in a scheduled listed 

14 chemical product that is a sale at retail by a 

15 regulated seller or a distributor required to sub16 mit reports under section 310(b)(3); or’’; and 

17 (B) by striking the paragraph (45) that re18 lates to the term ‘‘ordinary over-the-counter 

19 pseudoephedrine or phenylpropanolamine prod20 uct’’; 

21 (2) in section 204, by striking subsection (e); 

22 and 

23 (3) in section 303(h), in the second sentence, by 

24 striking ‘‘section 102(39)(A)(iv)’’ and inserting 

25 ‘‘clause (iv) or (v) of section 102(39)(A)’’. 
23 

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1 (b) PUBLIC LAW 104–237.—Section 401 of the Com2 prehensive Methamphetamine Control Act of 1996 (21 

3 U.S.C. 802 note) (Public Law 104–237) is amended by 

4 striking subsections (d), (e), and (f). 

5 SEC. 213. AUTHORITY TO ESTABLISH PRODUCTION 

6 QUOTAS. 

7 Section 306 of the Controlled Substances Act (21 

8 U.S.C. 826) is amended— 

9 (1) in subsection (a), by inserting ‘‘and for 

10 ephedrine, pseudoephedrine, and phenylpropanola11 mine’’ after ‘‘for each basic class of controlled sub12 stance in schedules I and II’’; 

13 (2) in subsection (b), by inserting ‘‘or for 

14 ephedrine, pseudoephedrine, or phenylpropanola15 mine’’ after ‘‘for each basic class of controlled sub16 stance in schedule I or II’’; 

17 (3) in subsection (c), in the first sentence, by 

18 inserting ‘‘and for ephedrine, pseudoephedrine, and 

19 phenylpropanolamine’’ after ‘‘for the basic classes of 

20 controlled substances in schedules I and II’’; 

21 (4) in subsection (d), by inserting ‘‘or ephed22 rine, pseudoephedrine, or phenylpropanolamine’’ 

23 after ‘‘that basic class of controlled substance’’; 

24 (5) in subsection (e), by inserting ‘‘or for 

25 ephedrine, pseudoephedrine, or phenylpropanola-
24 

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1 mine’’ after ‘‘for a basic class of controlled sub2 stance in schedule I or II’’; 

3 (6) in subsection (f)— 

4 (A) by inserting ‘‘or ephedrine, 

5 pseudoephedrine, or phenylpropanolamine’’ 

6 after ‘‘controlled substances in schedules I and 

7 II’’; 

8 (B) by inserting ‘‘or of ephedrine, 

9 pseudoephedrine, or phenylpropanolamine’’ 

10 after ‘‘the manufacture of a controlled sub11 stance’’; and 

12 (C) by inserting ‘‘or chemicals’’ after 

13 ‘‘such incidentally produced substances’’; and 

14 (7) by adding at the end the following sub15 section: 

16 ‘‘(g) Each reference in this section to ephedrine, 

17 pseudoephedrine, or phenylpropanolamine includes each of 

18 the salts, optical isomers, and salts of optical isomers of 

19 such chemical.’’. 

20 SEC. 214. PENALTIES; AUTHORITY FOR MANUFACTURING; 

21 QUOTA. 

22 Section 402(b) of the Controlled Substances Act (21 

23 U.S.C. 842(b)) is amended by inserting after ‘‘manufac24 ture a controlled substance in schedule I or II’’ the fol25 lowing: ‘‘, or ephedrine, pseudoephedrine, or phenyl-
25 

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1 propanolamine or any of the salts, optical isomers, or salts 

2 of optical isomers of such chemical,’’ 

3 SEC. 215. RESTRICTIONS ON IMPORTATION; AUTHORITY TO 

4 PERMIT IMPORTS FOR MEDICAL, SCIENTIFIC, 

5 OR OTHER LEGITIMATE PURPOSES. 

6 Section 1002 of the Controlled Substances Import 

7 and Export Act (21 U.S.C. 952) is amended— 

8 (1) in subsection (a)— 

9 (A) in the matter preceding paragraph (1), 

10 by inserting ‘‘or ephedrine, pseudoephedrine, or 

11 phenylpropanolamine,’’ after ‘‘schedule III, IV, 

12 or V of title II,’’; and 

13 (B) in paragraph (1), by inserting ‘‘, and 

14 of ephedrine, pseudoephedrine, and phenyl15 propanolamine, ’’ after ‘‘coca leaves’’; and 

16 (2) by adding at the end the following sub17 sections: 

18 ‘‘(d)(1) With respect to a registrant under section 

19 1008 who is authorized under subsection (a)(1) to import 

20 ephedrine, pseudoephedrine, or phenylpropanolamine, at 

21 any time during the year the registrant may apply for an 

22 increase in the amount of such chemical that the reg23 istrant is authorized to import, and the Attorney General 

24 may approve the application if the Attorney General deter25 mines that the approval is necessary to provide for med-
26 

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1 ical, scientific, or other legitimate purposes regarding the 

2 chemical. 

3 ‘‘(2) With respect to the application under paragraph 

4 (1): 

5 ‘‘(A) Not later than 60 days after receiving the 

6 application, the Attorney General shall approve or 

7 deny the application. 

8 ‘‘(B) In approving the application, the Attorney 

9 General shall specify the period of time for which 

10 the approval is in effect, or shall provide that the 

11 approval is effective until the registrant involved is 

12 notified in writing by the Attorney General that the 

13 approval is terminated. 

14 ‘‘(C) If the Attorney General does not approve 

15 or deny the application before the expiration of the 

16 60-day period under subparagraph (A), the applica17 tion is deemed to be approved, and such approval re18 mains in effect until the Attorney General notifies 

19 the registrant in writing that the approval is termi20 nated. 

21 ‘‘(e) Each reference in this section to ephedrine, 

22 pseudoephedrine, or phenylpropanolamine includes each of 

23 the salts, optical isomers, and salts of optical isomers of 

24 such chemical.’’. 
27 

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1 SEC. 216. NOTICE OF IMPORTATION OR EXPORTATION; AP2 PROVAL OF SALE OR TRANSFER BY IM3 PORTER OR EXPORTER. 

4 (a) IN GENERAL.—Section 1018 of the Controlled 

5 Substances Import and Export Act (21 U.S.C. 971) is 

6 amended— 

7 (1) in subsection (b)(1), in the first sentence, 

8 by striking ‘‘or to an importation by a regular im9 porter’’ and inserting ‘‘or to a transaction that is an 

10 importation by a regular importer’’; 

11 (2) by redesignating subsections (d) and (e) as 

12 subsections (e) and (f), respectively; 

13 (3) by inserting after subsection (c) the fol14 lowing subsection: 

15 ‘‘(d)(1)(A) Information provided in a notice under 

16 subsection (a) or (b) shall include the name of the person 

17 to whom the importer or exporter involved intends to 

18 transfer the listed chemical involved, and the quantity of 

19 such chemical to be transferred. 

20 ‘‘(B) In the case of a notice under subsection (b) sub21 mitted by a regular importer, if the transferee identified 

22 in the notice is not a regular customer, such importer may 

23 not transfer the listed chemical until after the expiration 

24 of the 15-day period beginning on the date on which the 

25 notice is submitted to the Attorney General. 
28 

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1 ‘‘(C) After a notice under subsection (a) or (b) is sub2 mitted to the Attorney General, if circumstances change 

3 and the importer or exporter will not be transferring the 

4 listed chemical to the transferee identified in the notice, 

5 or will be transferring a greater quantity of the chemical 

6 than specified in the notice, the importer or exporter shall 

7 update the notice to identify the most recent prospective 

8 transferee or the most recent quantity or both (as the case 

9 may be) and may not transfer the listed chemical until 

10 after the expiration of the 15-day period beginning on the 

11 date on which the update is submitted to the Attorney 

12 General, except that such 15-day restriction does not 

13 apply if the prospective transferee identified in the update 

14 is a regular customer. The preceding sentence applies with 

15 respect to changing circumstances regarding a transferee 

16 or quantity identified in an update to the same extent and 

17 in the same manner as such sentence applies with respect 

18 to changing circumstances regarding a transferee or quan19 tity identified in the original notice under subsection (a) 

20 or (b). 

21 ‘‘(D) In the case of a transfer of a listed chemical 

22 that is subject to a 15-day restriction under subparagraph 

23 (B) or (C), the transferee involved shall, upon the expira24 tion of the 15-day period, be considered to qualify as a 
29 

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1 regular customer, unless the Attorney General otherwise 

2 notifies the importer or exporter involved in writing. 

3 ‘‘(2) With respect to a transfer of a listed chemical 

4 with which a notice or update referred to in paragraph 

5 (1) is concerned: 

6 ‘‘(A) The Attorney General, in accordance with 

7 the same procedures as apply under subsection 

8 (c)(2)— 

9 ‘‘(i) may order the suspension of the trans10 fer of the listed chemical by the importer or ex11 porter involved, except for a transfer to a reg12 ular customer, on the ground that the chemical 

13 may be diverted to the clandestine manufacture 

14 of a controlled substance (without regard to the 

15 form of the chemical that may be diverted, in16 cluding the diversion of a finished drug product 

17 to be manufactured from bulk chemicals to be 

18 transferred), subject to the Attorney General 

19 ordering such suspension before the expiration 

20 of the 15-day period referred to in paragraph 

21 (1) with respect to the importation or expor22 tation (in any case in which such a period ap23 plies); and 
30 

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1 ‘‘(ii) may, for purposes of clause (i) and 

2 paragraph (1), disqualify a regular customer on 

3 such ground. 

4 ‘‘(B) From and after the time when the Attor5 ney General provides written notice of the order 

6 under subparagraph (A) (including a statement of 

7 the legal and factual basis for the order) to the im8 porter or exporter, the importer or exporter may not 

9 carry out the transfer. 

10 ‘‘(3) For purposes of this subsection: 

11 ‘‘(A) The terms ‘importer’ and ‘exporter’ mean 

12 a regulated person who imports or exports a listed 

13 chemical, respectively. 

14 ‘‘(B) The term ‘transfer’, with respect to a list15 ed chemical, includes the sale of the chemical. 

16 ‘‘(C) The term ‘transferee’ means a person to 

17 whom an importer or exporter transfers a listed 

18 chemical.’’; and 

19 (4) by adding at the end the following sub20 section: 

21 ‘‘(g) Within 30 days after a transaction covered by 

22 this section is completed, the importer or exporter shall 

23 send the Attorney General a return declaration containing 

24 particulars of the transaction, including the date, quan25 tity, chemical, container, name of transferees, and such 
31 

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1 other information as the Attorney General may specify in 

2 regulations. For importers, a single return declaration 

3 may include the particulars of both the importation and 

4 distribution. If the importer has not distributed all chemi5 cals imported by the end of the initial 30-day period, the 

6 importer shall file supplemental return declarations no 

7 later than 30 days from the date of any further distribu8 tion, until the distribution or other disposition of all 

9 chemicals imported pursuant to the import notification or 

10 any update are accounted for.’’. 

11 (b) CONFORMING AMENDMENTS.— 

12 (1) CONTROLLED SUBSTANCES IMPORT AND

13 EXPORT ACT.—The Controlled Substances Import 

14 and Export Act (21 U.S.C. 951 et seq.) is amend15 ed— 

16 (A) in section 1010(d)(5), by striking ‘‘sec17 tion 1018(e)(2) or (3)’’ and inserting ‘‘para18 graph (2) or (3) of section 1018(f)’’; and 

19 (B) in section 1018(c)(1), in the first sen20 tence, by inserting before the period the fol21 lowing: ‘‘(without regard to the form of the 

22 chemical that may be diverted, including the di23 version of a finished drug product to be manu24 factured from bulk chemicals to be trans25 ferred)’’. 
32 

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1 (2) CONTROLLED SUBSTANCES ACT.—Section 

2 310(b)(3)(D)(v) of the Controlled Substances Act 

3 (21 U.S.C. 830(b)(3)(D)(v)) is amended by striking 

4 ‘‘section 1018(e)(2)’’ and inserting ‘‘section 

5 1018(f)(2)’’. 

6 SEC. 217. ENFORCEMENT OF RESTRICTIONS ON IMPORTA7 TION AND OF REQUIREMENT OF NOTICE OF 

8 TRANSFER. 

9 Section 1010(d)(6) of the Controlled Substances Im10 port and Export Act (21 U.S.C. 960(d)(6)) is amended 

11 to read as follows: 

12 ‘‘(6) imports a listed chemical in violation of 

13 section 1002, imports or exports such a chemical in 

14 violation of section 1007 or 1018, or transfers such 

15 a chemical in violation of section 1018(d); or’’. 

16 SEC. 218. COORDINATION WITH UNITED STATES TRADE 

17 REPRESENTATIVE. 

18 In implementing sections 713 through 717 and sec19 tion 721 of this title, the Attorney General shall consult 

20 with the United States Trade Representative to ensure im21 plementation complies with all applicable international 

22 treaties and obligations of the United States. 
33 

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1 Subtitle B—International 

2 Regulation of Precursor Chemicals 

3 SEC. 221. INFORMATION ON FOREIGN CHAIN OF DISTRIBU4 TION; IMPORT RESTRICTIONS REGARDING 

5 FAILURE OF DISTRIBUTORS TO COOPERATE. 

6 Section 1018 of the Controlled Substances Import 

7 and Export Act (21 U.S.C. 971), as amended by section 

8 716(a)(4) of this title, is further amended by adding at 

9 the end the following subsection: 

10 ‘‘(h)(1) With respect to a regulated person importing 

11 ephedrine, pseudoephedrine, or phenylpropanolamine (re12 ferred to in this section as an ‘importer’), a notice of im13 portation under subsection (a) or (b) shall include all in14 formation known to the importer on the chain of distribu15 tion of such chemical from the manufacturer to the im16 porter. 

17 ‘‘(2) For the purpose of preventing or responding to 

18 the diversion of ephedrine, pseudoephedrine, or phenyl19 propanolamine for use in the illicit production of meth20 amphetamine, the Attorney General may, in the case of 

21 any person who is a manufacturer or distributor of such 

22 chemical in the chain of distribution referred to in para23 graph (1) (which person is referred to in this subsection 

24 as a ‘foreign-chain distributor’), request that such dis25 tributor provide to the Attorney General information 
34 

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1 known to the distributor on the distribution of the chem2 ical, including sales. 

3 ‘‘(3) If the Attorney General determines that a for4 eign-chain distributor is refusing to cooperate with the At5 torney General in obtaining the information referred to in 

6 paragraph (2), the Attorney General may, in accordance 

7 with procedures that apply under subsection (c), issue an 

8 order prohibiting the importation of ephedrine, 

9 pseudoephedrine, or phenylpropanolamine in any case in 

10 which such distributor is part of the chain of distribution 

11 for such chemical. Not later than 60 days prior to issuing 

12 the order, the Attorney General shall publish in the Fed13 eral Register a notice of intent to issue the order. During 

14 such 60-day period, imports of the chemical with respect 

15 to such distributor may not be restricted under this para16 graph.’’. 

17 SEC. 222. REQUIREMENTS RELATING TO THE LARGEST EX18 PORTING AND IMPORTING COUNTRIES OF 

19 CERTAIN PRECURSOR CHEMICALS. 

20 (a) REPORTING REQUIREMENTS.—Section 489(a) of 

21 the Foreign Assistance Act of 1961 (22 U.S.C. 2291h(a)) 

22 is amended by adding at the end the following new para23 graph: 

24 ‘‘(8) A separate section that contains the fol25 lowing: 
35 

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1 ‘‘(A) An identification of the five countries 

2 that exported the largest amount of 

3 pseudoephedrine, ephedrine, and phenyl4 propanolamine (including the salts, optical iso5 mers, or salts of optical isomers of such chemi6 cals, and also including any products or sub7 stances containing such chemicals) during the 

8 preceding calendar year. 

9 ‘‘(B) An identification of the five countries 

10 that imported the largest amount of the chemi11 cals described in clause (i) during the preceding 

12 calendar year and have the highest rate of di13 version of such chemicals for use in the illicit 

14 production of methamphetamine (either in that 

15 country or in another country). 

16 ‘‘(C) An economic analysis of the total 

17 worldwide production of the chemicals described 

18 in clause (i) as compared to the legitimate de19 mand for such chemicals worldwide. 

20 ‘‘(9) The identification of countries that im21 ported the largest amount of chemicals under sub22 paragraph (A)(ii) shall be based on the following: 

23 ‘‘(A) An economic analysis that estimates 

24 the legitimate demand for such chemicals in 

25 such countries as compared to the actual or es-
36 

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1 timated amount of such chemicals that is im2 ported into such countries. 

3 ‘‘(B) The best available data and other in4 formation regarding the production of meth5 amphetamine in such countries and the diver6 sion of such chemicals for use in the production 

7 of methamphetamine.’’. 

8 (b) ANNUAL CERTIFICATION PROCEDURES.—Section 

9 490(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 

10 2291j(a)) is amended— 

11 (1) in paragraph (1), by striking ‘‘major illicit 

12 drug producing country or major drug-transit coun13 try’’ and inserting ‘‘major illicit drug producing 

14 country, major drug-transit country, or country 

15 identified pursuant to clause (i) or (ii) of section 

16 489(a)(8)(A) of this Act’’; and 

17 (2) in paragraph (2), by inserting after ‘‘(as de18 termined under subsection (h))’’ the following: ‘‘or 

19 country identified pursuant to clause (i) or (ii) of 

20 section 489(a)(8)(A) of this Act’’. 

21 (c) CONFORMING AMENDMENT.—Section 706 of the 

22 Foreign Relations Authorization Act, Fiscal Year 2003 

23 (22 U.S.C. 2291j–1) is amended in paragraph (5) by add24 ing at the end the following: 
37 

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1 ‘‘(C) Nothing in this section shall affect the re2 quirements of section 490 of the Foreign Assistance 

3 Act of 1961 (22 U.S.C. 2291j) with respect to coun4 tries identified pursuant to section clause (i) or (ii) 

5 of 489(a)(8)(A) of the Foreign Assistance Act of 

6 1961.’’. 

7 (d) PLAN TO ADDRESS DIVERSION OF PRECURSOR

8 CHEMICALS.—In the case of each country identified pur9 suant to clause (i) or (ii) of section 489(a)(8)(A) of the 

10 Foreign Assistance Act of 1961 (as added by subsection 

11 (a)) with respect to which the President has not trans12 mitted to Congress a certification under section 490(b) of 

13 such Act (22 U.S.C. 2291j(b)), the Secretary of State, in 

14 consultation with the Attorney General, shall, not later 

15 than 180 days after the date on which the President trans16 mits the report required by section 489(a) of such Act (22 

17 U.S.C. 2291h(a)), submit to Congress a comprehensive 

18 plan to address the diversion of the chemicals described 

19 in section 489(a)(8)(A)(i) of such Act to the illicit produc20 tion of methamphetamine in such country or in another 

21 country, including the establishment, expansion, and en22 hancement of regulatory, law enforcement, and other in23 vestigative efforts to prevent such diversion. 

24 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

25 are authorized to be appropriated to the Secretary of State 
38 

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1 to carry out this section $1,000,000 for each of the fiscal 

2 years 2006 and 2007. 

3 SEC. 223. PREVENTION OF SMUGGLING OF METHAMPHET4 AMINE INTO THE UNITED STATES FROM MEX5 ICO. 

6 (a) IN GENERAL.—The Secretary of State, acting 

7 through the Assistant Secretary of the Bureau for Inter8 national Narcotics and Law Enforcement Affairs, shall 

9 take such actions as are necessary to prevent the smug10 gling of methamphetamine into the United States from 

11 Mexico. 

12 (b) SPECIFIC ACTIONS.—In carrying out subsection 

13 (a), the Secretary shall— 

14 (1) improve bilateral efforts at the United 

15 States-Mexico border to prevent the smuggling of 

16 methamphetamine into the United States from Mex17 ico; 

18 (2) seek to work with Mexican law enforcement 

19 authorities to improve the ability of such authorities 

20 to combat the production and trafficking of meth21 amphetamine, including by providing equipment and 

22 technical assistance, as appropriate; and 

23 (3) encourage the Government of Mexico to 

24 take immediate action to reduce the diversion of 

25 pseudoephedrine by drug trafficking organizations 
39 

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1 for the production and trafficking of methamphet2 amine. 

3 (c) REPORT.—Not later than one year after the date 

4 of the enactment of this Act, and annually thereafter, the 

5 Secretary shall submit to the appropriate congressional 

6 committees a report on the implementation of this section 

7 for the prior year. 

8 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

9 are authorized to be appropriated to the Secretary to carry 

10 out this section $4,000,000 for each of the fiscal years 

11 2006 and 2007. 

12 Subtitle C—Enhanced Criminal 

13 Penalties for Methamphetamine 

14 Production and Trafficking 

15 SEC. 231. SMUGGLING METHAMPHETAMINE OR METH16 AMPHETAMINE PRECURSOR CHEMICALS 

17 INTO THE UNITED STATES WHILE USING FA18 CILITATED ENTRY PROGRAMS. 

19 (a) ENHANCED PRISON SENTENCE.—The sentence 

20 of imprisonment imposed on a person convicted of an of21 fense under the Controlled Substances Act (21 U.S.C. 801 

22 et seq.) or the Controlled Substances Import and Export 

23 Act (21 U.S.C. 951 et seq.), involving methamphetamine 

24 or any listed chemical that is defined in section 102(33) 

25 of the Controlled Substances Act (21 U.S.C. 802(33), 
40 

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1 shall, if the offense is committed under the circumstance 

2 described in subsection (b), be increased by a consecutive 

3 term of imprisonment of not more than 15 years. 

4 (b) CIRCUMSTANCES.—For purposes of subsection 

5 (a), the circumstance described in this subsection is that 

6 the offense described in subsection (a) was committed by 

7 a person who— 

8 (1) was enrolled in, or who was acting on behalf 

9 of any person or entity enrolled in, any dedicated 

10 commuter lane, alternative or accelerated inspection 

11 system, or other facilitated entry program adminis12 tered or approved by the Federal Government for 

13 use in entering the United States; and 

14 (2) committed the offense while entering the 

15 United States, using such lane, system, or program. 

16 (c) PERMANENT INELIGIBILITY.—Any person whose 

17 term of imprisonment is increased under subsection (a) 

18 shall be permanently and irrevocably barred from being 

19 eligible for or using any lane, system, or program de20 scribed in subsection (b)(1). 

21 SEC. 232. MANUFACTURING CONTROLLED SUBSTANCES ON 

22 FEDERAL PROPERTY. 

23 Subsection (b) of section 401 of the Controlled Sub24 stances Act (21 U.S.C. 841(b)) is amended in paragraph 

25 (5) by inserting ‘‘or manufacturing’’ after ‘‘cultivating’’. 
41 

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1 SEC. 233. INCREASED PUNISHMENT FOR METHAMPHET2 AMINE KINGPINS. 

3 Section 408 of the Controlled Substances Act (21 

4 U.S.C. 848) is amended by adding at the end the fol5 lowing: 

6 ‘‘(s) SPECIAL PROVISION FOR METHAMPHET7 AMINE.—For the purposes of subsection (b), in the case 

8 of continuing criminal enterprise involving methamphet9 amine or its salts, isomers, or salts of isomers, paragraph 

10 (2)(A) shall be applied by substituting ‘200’ for ‘300’, and 

11 paragraph (2)(B) shall be applied by substituting 

12 ‘$5,000,000’ for ‘$10 million dollars’.’’. 

13 SEC. 234. NEW CHILD-PROTECTION CRIMINAL ENHANCE14 MENT. 

15 (a) IN GENERAL.—The Controlled Substances Act is 

16 amended by inserting after section 419 (21 U.S.C. 860) 

17 the following: 

18 ‘‘CONSECUTIVE SENTENCE FOR MANUFACTURING OR DIS19 TRIBUTING, OR POSSESSING WITH INTENT TO MANU20 FACTURE OR DISTRIBUTE, METHAMPHETAMINE ON

21 PREMISES WHERE CHILDREN ARE PRESENT OR RE22 SIDE

23 ‘‘SEC. 419. Whoever violates section 401(a)(1) by 

24 manufacturing or distributing, or possessing with intent 

25 to manufacture or distribute, methamphetamine or its 

26 salts, isomers or salts of isomers on premises in which an 
42 

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1 individual who is under the age of 18 years is present or 

2 resides, shall, in addition to any other sentence imposed, 

3 be imprisoned for a period of any term of years but not 

4 more than 20 years, subject to a fine, or both.’’. 

5 (b) CLERICAL AMENDMENT.—The table of contents 

6 of the Comprehensive Drug Abuse Prevention and Control 

7 Act of 1970 is amended by inserting after the item relat8 ing 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.’’. 

9 SEC. 235. AMENDMENTS TO CERTAIN SENTENCING COURT 

10 REPORTING REQUIREMENTS. 

11 Section 994(w) of title 28, United States Code, is 

12 amended— 

13 (1) in paragraph (1)— 

14 (A) by inserting ‘‘, in a format approved 

15 and required by the Commission,’’ after ‘‘sub16 mits to the Commission’’; 

17 (B) in subparagraph (B)— 

18 (i) by inserting ‘‘written’’ before 

19 ‘‘statement of reasons’’; and 

20 (ii) by inserting ‘‘and which shall be 

21 stated on the written statement of reasons 

22 form issued by the Judicial Conference and 

23 approved by the United States Sentencing 
43 

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1 Commission’’ after ‘‘applicable guideline 

2 range’’; and 

3 (C) by adding at the end the following: 

4 ‘‘The information referred to in subparagraphs (A) 

5 through (F) shall be submitted by the sentencing court 

6 in a format approved and required by the Commission.’’; 

7 and 

8 (2) in paragraph (4), by striking ‘‘may assem9 ble or maintain in electronic form that include any’’ 

10 and inserting ‘‘itself may assemble or maintain in 

11 electronic form as a result of the’’. 

12 SEC. 236. SEMIANNUAL REPORTS TO CONGRESS. 

13 (a) IN GENERAL.—The Attorney General shall, on a 

14 semiannual basis, submit to the congressional committees 

15 and organizations specified in subsection (b) reports 

16 that— 

17 (1) describe the allocation of the resources of 

18 the Drug Enforcement Administration and the Fed19 eral Bureau of Investigation for the investigation 

20 and prosecution of alleged violations of the Con21 trolled Substances Act involving methamphetamine; 

22 and 

23 (2) the measures being taken to give priority in 

24 the allocation of such resources to such violations in25 volving— 
44 

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1 (A) persons alleged to have imported into 

2 the United States substantial quantities of 

3 methamphetamine or scheduled listed chemicals 

4 (as defined pursuant to the amendment made 

5 by section 711(a)(1)); 

6 (B) persons alleged to have manufactured 

7 methamphetamine; and 

8 (C) circumstances in which the violations 

9 have endangered children. 

10 (b) CONGRESSIONAL COMMITTEES.—The congres11 sional committees and organizations referred to in sub12 section (a) are— 

13 (1) in the House of Representatives, the Com14 mittee on the Judiciary, the Committee on Energy 

15 and Commerce, and the Committee on Government 

16 Reform; and 

17 (2) in the Senate, the Committee on the Judici18 ary, the Committee on Commerce, Science, and 

19 Transportation, and the Caucus on International 

20 Narcotics Control. 
45 

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1 Subtitle D—Enhanced Environ2 mental Regulation of Meth3 amphetamine Byproducts 

4 SEC. 241. BIENNIAL REPORT TO CONGRESS ON AGENCY 

5 DESIGNATIONS OF BY-PRODUCTS OF METH6 AMPHETAMINE LABORATORIES AS HAZ7 ARDOUS MATERIALS. 

8 Section 5103 of title 49, Unites States Code, is 

9 amended by adding at the end the following: 

10 ‘‘(d) BIENNIAL REPORT.—The Secretary of Trans11 portation shall submit to the Committee on Transpor12 tation and Infrastructure of the House of Representatives 

13 and the Senate Committee on Commerce, Science, and 

14 Transportation a biennial report providing information on 

15 whether the Secretary has designated as hazardous mate16 rials for purposes of chapter 51 of such title all by-prod17 ucts of the methamphetamine-production process that are 

18 known by the Secretary to pose an unreasonable risk to 

19 health and safety or property when transported in com20 merce in a particular amount and form.’’. 

21 SEC. 242. METHAMPHETAMINE PRODUCTION REPORT. 

22 Section 3001 of the Solid Waste Disposal Act (42 

23 U.S.C. 6921) is amended at the end by adding the fol24 lowing: 
46 

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1 ‘‘(j) METHAMPHETAMINE PRODUCTION.—Not later 

2 than every 24 months, the Administrator shall submit to 

3 the Committee on Energy and Commerce of the House 

4 of Representatives and the Committee on Environment 

5 and Public Works of the Senate a report setting forth in6 formation collected by the Administrator from law enforce7 ment agencies, States, and other relevant stakeholders 

8 that identifies the byproducts of the methamphetamine 

9 production process and whether the Administrator con10 siders each of the byproducts to be a hazardous waste pur11 suant to this section and relevant regulations.’’. 

12 SEC. 243. CLEANUP COSTS. 

13 (a) IN GENERAL.—Section 413(q) of the Controlled 

14 Substances Act (21 U.S.C. 853(q)) is amended— 

15 (1) in the matter preceding paragraph (1), by 

16 inserting ‘‘, the possession, or the possession with in17 tent to distribute, ’’ after ‘‘manufacture’’; and 

18 (2) in paragraph (2), by inserting ‘‘, or on 

19 premises or in property that the defendant owns, re20 sides, or does business in’’ after ‘‘by the defendant’’. 

21 (b) SAVINGS CLAUSE.—Nothing in this section shall 

22 be interpreted or construed to amend, alter, or otherwise 

23 affect the obligations, liabilities and other responsibilities 

24 of any person under any Federal or State environmental 

25 laws. 
47 

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1 Subtitle E—Additional Programs 

2 and Activities 

3 SEC. 251. IMPROVEMENTS TO DEPARTMENT OF JUSTICE 

4 DRUG COURT GRANT PROGRAM. 

5 Section 2951 of the Omnibus Crime Control and Safe 

6 Streets Act of 1968 (42 U.S.C. 3797u) is amended by 

7 adding at the end the following new subsection: 

8 ‘‘(c) MANDATORY DRUG TESTING AND MANDATORY

9 SANCTIONS.— 

10 ‘‘(1) MANDATORY TESTING.—Grant amounts 

11 under this part may be used for a drug court only 

12 if the drug court has mandatory periodic testing as 

13 described in subsection (a)(3)(A). The Attorney 

14 General shall, by prescribing guidelines or regula15 tions, specify standards for the timing and manner 

16 of complying with such requirements. The stand17 ards— 

18 ‘‘(A) shall ensure that— 

19 ‘‘(i) each participant is tested for 

20 every controlled substance that the partici21 pant has been known to abuse, and for any 

22 other controlled substance the Attorney 

23 General or the court may require; and 

24 ‘‘(ii) the testing is accurate and prac25 ticable; and 
48 

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1 ‘‘(B) may require approval of the drug 

2 testing regime to ensure that adequate testing 

3 occurs. 

4 ‘‘(2) MANDATORY SANCTIONS.—The Attorney 

5 General shall, by prescribing guidelines or regula6 tions, specify that grant amounts under this part 

7 may be used for a drug court only if the drug court 

8 imposes graduated sanctions that increase punitive 

9 measures, therapeutic measures, or both whenever a 

10 participant fails a drug test. Such sanctions and 

11 measures may include, but are not limited to, one or 

12 more of the following: 

13 ‘‘(A) Incarceration. 

14 ‘‘(B) Detoxification treatment. 

15 ‘‘(C) Residential treatment. 

16 ‘‘(D) Increased time in program. 

17 ‘‘(E) Termination from the program. 

18 ‘‘(F) Increased drug screening require19 ments. 

20 ‘‘(G) Increased court appearances. 

21 ‘‘(H) Increased counseling. 

22 ‘‘(I) Increased supervision. 

23 ‘‘(J) Electronic monitoring. 

24 ‘‘(K) In-home restriction. 

25 ‘‘(L) Community service. 
49 

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1 ‘‘(M) Family counseling. 

2 ‘‘(N) Anger management classes.’’. 

3 SEC. 252. DRUG COURTS FUNDING. 

4 Section 1001(25)(A) of title I of the Omnibus Crime 

5 Control and Safe Streets Act of 1968 (42 U.S.C. 

6 2591(25)(A)) is amended by adding at the end the fol7 lowing: 

8 ‘‘(v) $70,000,000 for fiscal year 

9 2006.’’. 

10 SEC. 253. FEASIBILITY STUDY ON FEDERAL DRUG COURTS. 

11 The Attorney General shall, conduct a feasibility 

12 study on the desirability of a drug court program for Fed13 eral offenders who are addicted to controlled substances. 

14 The Attorney General lower-level, non-violate report the 

15 results of that study to Congress not later than June 30, 

16 2006. 

17 SEC. 254. GRANTS TO HOT SPOT AREAS TO REDUCE AVAIL18 ABILITY OF METHAMPHETAMINE. 

19 Title I of the Omnibus Crime Control and Safe 

20 Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended 

21 by adding at the end the following: 
50 

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1 ‘‘PART II—CONFRONTING USE OF 

2 METHAMPHETAMINE 

3 ‘‘SEC. 2996. AUTHORITY TO MAKE GRANTS TO ADDRESS 

4 PUBLIC SAFETY AND METHAMPHETAMINE 

5 MANUFACTURING, SALE, AND USE IN HOT 

6 SPOTS. 

7 ‘‘(a) PURPOSE AND PROGRAM AUTHORITY.— 

8 ‘‘(1) PURPOSE.—It is the purpose of this part 

9 to assist States— 

10 ‘‘(A) to carry out programs to address the 

11 manufacture, sale, and use of methamphet12 amine drugs; and 

13 ‘‘(B) to improve the ability of State and 

14 local government institutions of to carry out 

15 such programs. 

16 ‘‘(2) GRANT AUTHORIZATION.—The Attorney 

17 General, through the Bureau of Justice Assistance 

18 in the Office of Justice Programs may make grants 

19 to States to address the manufacture, sale, and use 

20 of methamphetamine to enhance public safety. 

21 ‘‘(3) GRANT PROJECTS TO ADDRESS METH22 AMPHETAMINE MANUFACTURE SALE AND USE.— 

23 Grants made under subsection (a) may be used for 

24 programs, projects, and other activities to— 
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1 ‘‘(A) investigate, arrest and prosecute indi2 viduals violating laws related to the use, manu3 facture, or sale of methamphetamine; 

4 ‘‘(B) reimburse the Drug Enforcement Ad5 ministration for expenses related to the clean 

6 up of methamphetamine clandestine labs; 

7 ‘‘(C) support State and local health depart8 ment and environmental agency services de9 ployed to address methamphetamine; and 

10 ‘‘(D) procure equipment, technology, or 

11 support systems, or pay for resources, if the ap12 plicant for such a grant demonstrates to the 

13 satisfaction of the Attorney General that ex14 penditures for such purposes would result in 

15 the reduction in the use, sale, and manufacture 

16 of methamphetamine. 

17 ‘‘SEC. 2997. FUNDING. 

18 ‘‘There are authorized to be appropriated to carry out 

19 this part $99,000,000 for each fiscal year 2006, 2007, 

20 2008, 2009, and 2010.’’. 

21 SEC. 255. GRANTS FOR PROGRAMS FOR DRUG-ENDAN22 GERED CHILDREN. 

23 (a) IN GENERAL.—The Attorney General shall make 

24 grants to States for the purpose of carrying out programs 

25 to provide comprehensive services to aid children who are 
52 

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1 living in a home in which methamphetamine or other con2 trolled substances are unlawfully manufactured, distrib3 uted, dispensed, or used. 

4 (b) CERTAIN REQUIREMENTS.—The Attorney Gen5 eral shall ensure that the services carried out with grants 

6 under subsection (a) include the following: 

7 (1) Coordination among law enforcement agen8 cies, prosecutors, child protective services, social 

9 services, health care services, and any other services 

10 determined to be appropriate by the Attorney Gen11 eral to provide assistance regarding the problems of 

12 children described in subsection (a). 

13 (2) Transition of children from toxic or drug14 endangering environments to appropriate residential 

15 environments. 

16 (c) AUTHORIZATION OF APPROPRIATIONS.—For the 

17 purpose of carrying out this section, there are authorized 

18 to be appropriated $20,000,000 for each of the fiscal years 

19 2006 and 2007. Amounts appropriated under the pre20 ceding sentence shall remain available until expended. 

21 SEC. 256. AUTHORITY TO AWARD COMPETITIVE GRANTS TO 

22 ADDRESS METHAMPHETAMINE USE BY PREG23 NANT AND PARENTING WOMEN OFFENDERS. 

24 (a) PURPOSE AND PROGRAM AUTHORITY.— 
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1 (1) GRANT AUTHORIZATION.—The Attorney 

2 General may award competitive grants to address 

3 the use of methamphetamine among pregnant and 

4 parenting women offenders to promote public safety, 

5 public health, family permanence and well being. 

6 (2) PURPOSES AND PROGRAM AUTHORITY.— 

7 Grants awarded under this section shall be used to 

8 facilitate or enhance and collaboration between the 

9 criminal justice, child welfare, and State substance 

10 abuse systems in order to carry out programs to ad11 dress the use of methamphetamine drugs by preg12 nant and parenting women offenders. 

13 (b) DEFINITIONS.—In this section, the following defi14 nitions shall apply: 

15 (1) CHILD WELFARE AGENCY.—The term 

16 ‘‘child welfare agency’’ means the State agency re17 sponsible for child and/or family services and wel18 fare. 

19 (2) CRIMINAL JUSTICE AGENCY.—The term 

20 ‘‘criminal justice agency’’ means an agency of the 

21 State or local government or its contracted agency 

22 that is responsible for detection, arrest, enforcement, 

23 prosecution, defense, adjudication, incarceration, 

24 probation, or parole relating to the violation of the 

25 criminal laws of that State or local government. 
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1 (c) APPLICATIONS.— 

2 (1) IN GENERAL.—No grant may be awarded 

3 under this section unless an application has been 

4 submitted to, and approved by, the Attorney Gen5 eral. 

6 (2) APPLICATION.—An application for a grant 

7 under this section shall be submitted in such form, 

8 and contain such information, as the Attorney Gen9 eral, may prescribe by regulation or guidelines. 

10 (3) ELIGIBLE ENTITIES.—The Attorney Gen11 eral shall make grants to States, territories, and In12 dian Tribes. Applicants must demonstrate extensive 

13 collaboration with the State criminal justice agency 

14 and child welfare agency in the planning and imple15 mentation of the program. 

16 (4) CONTENTS.—In accordance with the regula17 tions or guidelines established by the Attorney Gen18 eral in consultation with the Secretary of Health and 

19 Human Services, each application for a grant under 

20 this section shall contain a plan to expand the 

21 State’s services for pregnant and parenting women 

22 offenders who are pregnant women and/or women 

23 with dependent children for the use of methamphet24 amine or methamphetamine and other drugs and in25 clude the following in the plan: 
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1 (A) A description of how the applicant will 

2 work jointly with the State criminal justice and 

3 child welfare agencies needs associated with the 

4 use of methamphetamine or methamphetamine 

5 and other drugs by pregnant and parenting 

6 women offenders to promote family stability 

7 and permanence. 

8 (B) A description of the nature and the ex9 tent of the problem of methamphetamine use by 

10 pregnant and parenting women offenders. 

11 (C) A certification that the State has in12 volved counties and other units of local govern13 ment, when appropriate, in the development, ex14 pansion, modification, operation or improve15 ment of proposed programs to address the use, 

16 manufacture, or sale of methamphetamine. 

17 (D) A certification that funds received 

18 under this section will be used to supplement, 

19 not supplant, other Federal, State, and local 

20 funds. 

21 (E) A description of clinically appropriate 

22 practices and procedures to— 

23 (i) screen and assess pregnant and 

24 parenting women offenders for addiction to 

25 methamphetamine and other drugs; 
56 

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1 (ii) when clinically appropriate for 

2 both the women and children, provide fam3 ily treatment for pregnant and parenting 

4 women offenders, with clinically appro5 priate services in the same location to pro6 mote family permanence and self suffi7 ciency; and 

8 (iii) provide for a process to enhance 

9 or ensure the abilities of the child welfare 

10 agency, criminal justice agency and State 

11 substance agency to work together to re12 unite families when appropriate in the case 

13 where family treatment is not provided. 

14 (d) PERIOD OF GRANT.—The grant shall be a three15 year grant. Successful applicants may reapply for only one 

16 additional three-year funding cycle and the Attorney Gen17 eral may approve such applications. 

18 (e) PERFORMANCE ACCOUNTABILITY; REPORTS AND

19 EVALUATIONS.— 

20 (1) REPORTS.—Successful applicants shall sub21 mit to the Attorney General a report on the activi22 ties carried out under the grant at the end of each 

23 fiscal year. 

24 (2) EVALUATIONS.—Not later than 12 months 

25 at the end of the 3 year funding cycle under this 
57 

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1 section, the Attorney General shall submit a report 

2 to the appropriate committees of jurisdiction that 

3 summarizes the results of the evaluations conducted 

4 by recipients and recommendations for further legis5 lative action. 

6 TITLE III—REDUCING CRIME 

7 AND TERRORISM AT AMER8 ICA’S SEAPORTS 

9 SEC. 301. SHORT TITLE. 

10 This title may be cited as the ‘‘Reducing Crime and 

11 Terrorism at America’s Seaports Act of 2005’’. 

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

13 (a) IN GENERAL.—Section 1036 of title 18, United 

14 States Code, is amended— 

15 (1) in subsection (a)— 

16 (A) in paragraph (2), by striking ‘‘or’’ at 

17 the end; 

18 (B) by redesignating paragraph (3) as 

19 paragraph (4); and 

20 (C) by inserting after paragraph (2) the 

21 following: 

22 ‘‘(3) any secure or restricted area of any sea23 port, designated as secure in an approved security 

24 plan, as required under section 70103 of title 46, 
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1 United States Code, and the rules and regulations 

2 promulgated under that section; or’’; 

3 (2) in subsection (b)(1), by striking ‘‘5 years’’ 

4 and inserting ‘‘10 years’’; 

5 (3) in subsection (c)(1), by inserting ‘‘, captain 

6 of the seaport,’’ after ‘‘airport authority’’; and 

7 (4) by striking the section heading and insert8 ing the following: 

9 ‘‘§ 1036. Entry by false pretenses to any real property, 

10 vessel, or aircraft of the United States or 

11 secure area of any airport or seaport’’. 

12 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

13 The table of sections for chapter 47 of title 18 is amended 

14 by striking the matter relating to section 1036 and insert15 ing 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.’’. 

16 (c) DEFINITION OF SEAPORT.—Chapter 1 of title 18, 

17 United States Code, is amended by adding at the end the 

18 following: 

19 ‘‘§ 26. Definition of seaport 

20 ‘‘As used in this title, the term ‘seaport’ means all 

21 piers, wharves, docks, and similar structures, adjacent to 

22 any waters subject to the jurisdiction of the United States, 

23 to which a vessel may be secured, including areas of land, 

24 water, or land and water under and in immediate prox-
59 

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1 imity to such structures, buildings on or contiguous to 

2 such structures, and the equipment and materials on such 

3 structures or in such buildings.’’. 

4 (d) TECHNICAL AND CONFORMING AMENDMENT.— 

5 The table of sections for chapter 1 of title 18 is amended 

6 by inserting after the matter relating to section 25 the 

7 following: 

‘‘26. Definition of seaport.’’. 

8 SEC. 303. CRIMINAL SANCTIONS FOR FAILURE TO HEAVE 

9 TO, OBSTRUCTION OF BOARDING, OR PRO10 VIDING FALSE INFORMATION. 

11 (a) OFFENSE.—Chapter 109 of title 18, United 

12 States Code, is amended by adding at the end the fol13 lowing: 

14 ‘‘§ 2237. Criminal sanctions for failure to heave to, ob15 struction of boarding, or providing false 

16 information 

17 ‘‘(a)(1) It shall be unlawful for the master, operator, 

18 or person in charge of a vessel of the United States, or 

19 a vessel subject to the jurisdiction of the United States, 

20 to knowingly fail to obey an order by an authorized Fed21 eral law enforcement officer to heave to that vessel. 

22 ‘‘(2) It shall be unlawful for any person on board a 

23 vessel of the United States, or a vessel subject to the juris24 diction of the United States, to— 
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1 ‘‘(A) forcibly resist, oppose, prevent, impede, in2 timidate, or interfere with a boarding or other law 

3 enforcement action authorized by any Federal law or 

4 to resist a lawful arrest; or 

5 ‘‘(B) provide materially false information to a 

6 Federal law enforcement officer during a boarding of 

7 a vessel regarding the vessel’s destination, origin, 

8 ownership, registration, nationality, cargo, or crew. 

9 ‘‘(b) Any person who intentionally violates this sec10 tion shall be fined under this title or imprisoned for not 

11 more than 5 years, or both. 

12 ‘‘(c) This section does not limit the authority of a 

13 customs officer under section 581 of the Tariff Act of 

14 1930 (19 U.S.C. 1581), or any other provision of law en15 forced or administered by the Secretary of the Treasury 

16 or the Secretary of Homeland Security, or the authority 

17 of any Federal law enforcement officer under any law of 

18 the United States, to order a vessel to stop or heave to. 

19 ‘‘(d) A foreign nation may consent or waive objection 

20 to the enforcement of United States law by the United 

21 States under this section by radio, telephone, or similar 

22 oral or electronic means. Consent or waiver may be proven 

23 by certification of the Secretary of State or the designee 

24 of the Secretary of State. 

25 ‘‘(e) In this section— 
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1 ‘‘(1) the term ‘Federal law enforcement officer’ 

2 has the meaning given the term in section 115(c); 

3 ‘‘(2) the term ‘heave to’ means to cause a vessel 

4 to slow, come to a stop, or adjust its course or speed 

5 to account for the weather conditions and sea state 

6 to facilitate a law enforcement boarding; 

7 ‘‘(3) the term ‘vessel subject to the jurisdiction 

8 of the United States’ has the meaning given the 

9 term in section 2 of the Maritime Drug Law En10 forcement Act (46 U.S.C. App. 1903); and 

11 ‘‘(4) the term ‘vessel of the United States’ has 

12 the meaning given the term in section 2 of the Mari13 time Drug Law Enforcement Act (46 U.S.C. App. 

14 1903).’’. 

15 (b) CONFORMING AMENDMENT.—The table of sec16 tions for chapter 109, title 18, United States Code, is 

17 amended by inserting after the item for section 2236 the 

18 following: 

‘‘2237. Criminal sanctions for failure to heave to, obstruction of boarding, or 

providing false information.’’. 

19 SEC. 304. CRIMINAL SANCTIONS FOR VIOLENCE AGAINST 

20 MARITIME NAVIGATION, PLACEMENT OF DE21 STRUCTIVE DEVICES. 

22 (a) PLACEMENT OF DESTRUCTIVE DEVICES.—Chap23 ter 111 of title 18, United States Code, as amended by 
62 

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1 subsection (a), is further amended by adding at the end 

2 the following: 

3 ‘‘§ 2282A. Devices or dangerous substances in waters 

4 of the United States likely to destroy or 

5 damage ships or to interfere with mari6 time commerce 

7 ‘‘(a) A person who knowingly places, or causes to be 

8 placed, in navigable waters of the United States, by any 

9 means, a device or dangerous substance which is likely to 

10 destroy or cause damage to a vessel or its cargo, cause 

11 interference with the safe navigation of vessels, or inter12 ference with maritime commerce (such as by damaging or 

13 destroying marine terminals, facilities, or any other ma14 rine structure or entity used in maritime commerce) with 

15 the intent of causing such destruction or damage, inter16 ference with the safe navigation of vessels, or interference 

17 with maritime commerce shall be fined under this title or 

18 imprisoned for any term of years, or for life; or both. 

19 ‘‘(b) A person who causes the death of any person 

20 by engaging in conduct prohibited under subsection (a) 

21 may be punished by death. 

22 ‘‘(c) Nothing in this section shall be construed to 

23 apply to otherwise lawfully authorized and conducted ac24 tivities of the United States Government. 

25 ‘‘(d) In this section: 
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1 ‘‘(1) The term ‘dangerous substance’ means 

2 any solid, liquid, or gaseous material that has the 

3 capacity to cause damage to a vessel or its cargo, or 

4 cause interference with the safe navigation of a ves5 sel. 

6 ‘‘(2) The term ‘device’ means any object that, 

7 because of its physical, mechanical, structural, or 

8 chemical properties, has the capacity to cause dam9 age to a vessel or its cargo, or cause interference 

10 with the safe navigation of a vessel.’’. 

11 (2) CONFORMING AMENDMENT.—The table of 

12 sections for chapter 111 of title 18, United States 

13 Code, as amended by subsection (b), is further 

14 amended by adding after the item related to section 

15 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.’’. 

16 (b) VIOLENCE AGAINST MARITIME NAVIGATION.— 

17 (1) IN GENERAL.—Chapter 111 of title 18, 

18 United States Code as amended by subsections (a) 

19 and (c), is further amended by adding at the end the 

20 following: 

21 ‘‘§ 2282B. Violence against aids to maritime naviga22 tion 

23 ‘‘Whoever intentionally destroys, seriously damages, 

24 alters, moves, or tampers with any aid to maritime naviga-
64 

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1 tion maintained by the Saint Lawrence Seaway Develop2 ment Corporation under the authority of section 4 of the 

3 Act of May 13, 1954 (33 U.S.C. 984), by the Coast Guard 

4 pursuant to section 81 of title 14, United States Code, 

5 or lawfully maintained under authority granted by the 

6 Coast Guard pursuant to section 83 of title 14, United 

7 States Code, if such act endangers or is likely to endanger 

8 the safe navigation of a ship, shall be fined under this 

9 title or imprisoned for not more than 20 years, or both.’’. 

10 (2) CONFORMING AMENDMENT.—The table of 

11 sections for chapter 111 of title 18, United States 

12 Code, as amended by subsections (b) and (d) is fur13 ther amended by adding after the item related to 

14 section 2282A the following: 

‘‘2282B. Violence against aids to maritime navigation.’’. 

15 SEC. 305. TRANSPORTATION OF DANGEROUS MATERIALS 

16 AND TERRORISTS. 

17 (a) TRANSPORTATION OF DANGEROUS MATERIALS

18 AND TERRORISTS.—Chapter 111 of title 18, as amended 

19 by section 305, is further amended by adding at the end 

20 the following: 

21 ‘‘§ 2283. Transportation of explosive, biological, chem22 ical, or radioactive or nuclear materials 

23 ‘‘(a) IN GENERAL.—Whoever knowingly transports 

24 aboard any vessel within the United States and on waters 

25 subject to the jurisdiction of the United States or any ves-
65 

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1 sel outside the United States and on the high seas or hav2 ing United States nationality an explosive or incendiary 

3 device, biological agent, chemical weapon, or radioactive 

4 or nuclear material, knowing that any such item is in5 tended to be used to commit an offense listed under sec6 tion 2332b(g)(5)(B), shall be fined under this title or im7 prisoned for any term of years or for life, or both. 

8 ‘‘(b) CAUSING DEATH.—Any person who causes the 

9 death of a person by engaging in conduct prohibited by 

10 subsection (a) may be punished by death. 

11 ‘‘(c) DEFINITIONS.—In this section: 

12 ‘‘(1) BIOLOGICAL AGENT.—The term ‘biological 

13 agent’ means any biological agent, toxin, or vector 

14 (as those terms are defined in section 178). 

15 ‘‘(2) BY-PRODUCT MATERIAL.—The term ‘by16 product material’ has the meaning given that term 

17 in section 11(e) of the Atomic Energy Act of 1954 

18 (42 U.S.C. 2014(e)). 

19 ‘‘(3) CHEMICAL WEAPON.—The term ‘chemical 

20 weapon’ has the meaning given that term in section 

21 229F(1). 

22 ‘‘(4) EXPLOSIVE OR INCENDIARY DEVICE.—The 

23 term ‘explosive or incendiary device’ has the mean24 ing given the term in section 232(5) and includes ex-
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1 plosive materials, as that term is defined in section 

2 841(c) and explosive as defined in section 844(j). 

3 ‘‘(5) NUCLEAR MATERIAL.—The term ‘nuclear 

4 material’ has the meaning given that term in section 

5 831(f)(1). 

6 ‘‘(6) RADIOACTIVE MATERIAL.—The term ‘ra7 dioactive material’ means— 

8 ‘‘(A) source material and special nuclear 

9 material, but does not include natural or de10 pleted uranium; 

11 ‘‘(B) nuclear by-product material; 

12 ‘‘(C) material made radioactive by bom13 bardment in an accelerator; or 

14 ‘‘(D) all refined isotopes of radium. 

15 ‘‘(7) SOURCE MATERIAL.—The term ‘source 

16 material’ has the meaning given that term in section 

17 11(z) of the Atomic Energy Act of 1954 (42 U.S.C. 

18 2014(z)). 

19 ‘‘(8) SPECIAL NUCLEAR MATERIAL.—The term 

20 ‘special nuclear material’ has the meaning given that 

21 term in section 11(aa) of the Atomic Energy Act of 

22 1954 (42 U.S.C. 2014(aa)). 

23 ‘‘§ 2284. Transportation of terrorists 

24 ‘‘(a) IN GENERAL.—Whoever knowingly and inten25 tionally transports any terrorist aboard any vessel within 
67 

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1 the United States and on waters subject to the jurisdiction 

2 of the United States or any vessel outside the United 

3 States and on the high seas or having United States na4 tionality, knowing that the transported person is a ter5 rorist, shall be fined under this title or imprisoned for any 

6 term of years or for life, or both. 

7 ‘‘(b) DEFINED TERM.—In this section, the term ‘ter8 rorist’ means any person who intends to commit, or is 

9 avoiding apprehension after having committed, an offense 

10 listed under section 2332b(g)(5)(B).’’. 

11 (b) CONFORMING AMENDMENT.—The table of sec12 tions for chapter 111 of title 18, United States Code, as 

13 amended by section 305, is further amended by adding 

14 at the end the following: 

‘‘2283. Transportation of explosive, chemical, biological, or radioactive or nuclear materials. 

‘‘2284. Transportation of terrorists.’’. 

15 SEC. 306. DESTRUCTION OF, OR INTERFERENCE WITH, VES16 SELS OR MARITIME FACILITIES. 

17 (a) IN GENERAL.—Title 18, United States Code, is 

18 amended by inserting after chapter 111 the following: 

19 ‘‘CHAPTER 111A—DESTRUCTION OF, OR 

20 INTERFERENCE WITH, VESSELS OR 

21 MARITIME FACILITIES 

‘‘Sec. 

‘‘2290. Jurisdiction and scope. 

‘‘2291. Destruction of vessel or maritime facility. 

‘‘2292. Imparting or conveying false information. 
68 

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1 ‘‘§ 2290. Jurisdiction and scope 

2 ‘‘(a) JURISDICTION.—There is jurisdiction, including 

3 extraterritorial jurisdiction, over an offense under this 

4 chapter if the prohibited activity takes place— 

5 ‘‘(1) within the United States and within waters 

6 subject to the jurisdiction of the United States; or 

7 ‘‘(2) outside United States and— 

8 ‘‘(A) an offender or a victim is a national 

9 of the United States (as that term is defined 

10 under section 101(a)(22) of the Immigration 

11 and Nationality Act (8 U.S.C. 1101(a)(22)); 

12 ‘‘(B) the activity involves a vessel in which 

13 a national of the United States was on board; 

14 or 

15 ‘‘(C) the activity involves a vessel of the 

16 United States (as that term is defined under 

17 section 2 of the Maritime Drug Law Enforce18 ment Act (46 U.S.C. App. 1903). 

19 ‘‘(b) SCOPE.—Nothing in this chapter shall apply to 

20 otherwise lawful activities carried out by or at the direc21 tion of the United States Government. 

22 ‘‘§ 2291. Destruction of vessel or maritime facility 

23 ‘‘(a) OFFENSE.—Whoever knowingly— 

24 ‘‘(1) sets fire to, damages, destroys, disables, or 

25 wrecks any vessel; 
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1 ‘‘(2) places or causes to be placed a destructive 

2 device, as defined in section 921(a)(4), destructive 

3 substance, as defined in section 31(a)(3), or an ex4 plosive, as defined in section 844(j) in, upon, or 

5 near, or otherwise makes or causes to be made un6 workable or unusable or hazardous to work or use, 

7 any vessel, or any part or other materials used or in8 tended to be used in connection with the operation 

9 of a vessel; 

10 ‘‘(3) sets fire to, damages, destroys, or disables 

11 or places a destructive device or substance in, upon, 

12 or near, any maritime facility, including any aid to 

13 navigation, lock, canal, or vessel traffic service facil14 ity or equipment; 

15 ‘‘(4) interferes by force or violence with the op16 eration of any maritime facility, including any aid to 

17 navigation, lock, canal, or vessel traffic service facil18 ity or equipment, if such action is likely to endanger 

19 the safety of any vessel in navigation; 

20 ‘‘(5) sets fire to, damages, destroys, or disables 

21 or places a destructive device or substance in, upon, 

22 or near, any appliance, structure, property, machine, 

23 or apparatus, or any facility or other material used, 

24 or intended to be used, in connection with the oper25 ation, maintenance, loading, unloading, or storage of 
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1 any vessel or any passenger or cargo carried or in2 tended to be carried on any vessel; 

3 ‘‘(6) performs an act of violence against or in4 capacitates any individual on any vessel, if such act 

5 of violence or incapacitation is likely to endanger the 

6 safety of the vessel or those on board; 

7 ‘‘(7) performs an act of violence against a per8 son that causes or is likely to cause serious bodily 

9 injury, as defined in section 1365(h)(3), in, upon, or 

10 near, any appliance, structure, property, machine, or 

11 apparatus, or any facility or other material used, or 

12 intended to be used, in connection with the oper13 ation, maintenance, loading, unloading, or storage of 

14 any vessel or any passenger or cargo carried or in15 tended to be carried on any vessel; 

16 ‘‘(8) communicates information, knowing the 

17 information to be false and under circumstances in 

18 which such information may reasonably be believed, 

19 thereby endangering the safety of any vessel in navi20 gation; or 

21 ‘‘(9) attempts or conspires to do anything pro22 hibited under paragraphs (1) through (8), 

23 shall be fined under this title or imprisoned not more than 

24 20 years, or both. 
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1 ‘‘(b) LIMITATION.—Subsection (a) shall not apply to 

2 any person that is engaging in otherwise lawful activity, 

3 such as normal repair and salvage activities, and the 

4 transportation of hazardous materials regulated and al5 lowed to be transported under chapter 51 of title 49. 

6 ‘‘(c) PENALTY.—Whoever is fined or imprisoned 

7 under subsection (a) as a result of an act involving a vessel 

8 that, at the time of the violation, carried high-level radio9 active waste (as that term is defined in section 2(12) of 

10 the Nuclear Waste Policy Act of 1982 (42 U.S.C. 

11 10101(12)) or spent nuclear fuel (as that term is defined 

12 in section 2(23) of the Nuclear Waste Policy Act of 1982 

13 (42 U.S.C. 10101(23)), shall be fined under this title, im14 prisoned for a term up to life, or both. 

15 ‘‘(d) PENALTY WHEN DEATH RESULTS.—Whoever is 

16 convicted of any crime prohibited by subsection (a) and 

17 intended to cause death by the prohibited conduct, if the 

18 conduct resulted in the death of any person, shall be sub19 ject also to the death penalty or to a term of imprisonment 

20 for a period up to life. 

21 ‘‘(e) THREATS.—Whoever knowingly and inten22 tionally imparts or conveys any threat to do an act which 

23 would violate this chapter, with an apparent determination 

24 and will to carry the threat into execution, shall be fined 

25 under this title or imprisoned not more than 5 years, or 
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1 both, and is liable for all costs incurred as a result of such 

2 threat. 

3 ‘‘§ 2292. Imparting or conveying false information 

4 ‘‘(a) IN GENERAL.—Whoever imparts or conveys or 

5 causes to be imparted or conveyed false information, 

6 knowing the information to be false, concerning an at7 tempt or alleged attempt being made or to be made, to 

8 do any act that would be a crime prohibited by this chap9 ter or by chapter 111 of this title, shall be subject to a 

10 civil penalty of not more than $5,000, which shall be re11 coverable in a civil action brought in the name of the 

12 United States. 

13 ‘‘(b) MALICIOUS CONDUCT.—Whoever knowingly, in14 tentionally, maliciously, or with reckless disregard for the 

15 safety of human life, imparts or conveys or causes to be 

16 imparted or conveyed false information, knowing the infor17 mation to be false, concerning an attempt or alleged at18 tempt to do any act which would be a crime prohibited 

19 by this chapter or by chapter 111 of this title, shall be 

20 fined under this title or imprisoned not more than 5 years. 

21 ‘‘(c) JURISDICTION.— 

22 ‘‘(1) IN GENERAL.—Except as provided under 

23 paragraph (2), section 2290(a) shall not apply to 

24 any offense under this section. 
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1 ‘‘(2) JURISDICTION.—Jurisdiction over an of2 fense under this section shall be determined in ac3 cordance with the provisions applicable to the crime 

4 prohibited by this chapter, or by chapter 111 of this 

5 title, to which the imparted or conveyed false infor6 mation relates, as applicable. 

7 ‘‘§ 2293. Bar to prosecution 

8 ‘‘(a) IN GENERAL.—It is a bar to prosecution under 

9 this chapter if— 

10 ‘‘(1) the conduct in question occurred within 

11 the United States in relation to a labor dispute, and 

12 such conduct is prohibited as a felony under the law 

13 of the State in which it was committed; or 

14 ‘‘(2) such conduct is prohibited as a mis15 demeanor, and not as a felony, under the law of the 

16 State in which it was committed. 

17 ‘‘(b) DEFINITIONS.—In this section: 

18 ‘‘(1) LABOR DISPUTE.—The term ‘labor dis19 pute’ has the same meaning given that term in sec20 tion 13(c) of the Act to amend the Judicial Code 

21 and to define and limit the jurisdiction of courts sit22 ting in equity, and for other purposes (29 U.S.C. 

23 113(c), commonly known as the Norris-LaGuardia 

24 Act). 
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1 ‘‘(2) STATE.—The term ‘State’ means a State 

2 of the United States, the District of Columbia, and 

3 any commonwealth, territory, or possession of the 

4 United States.’’. 

5 (b) CONFORMING AMENDMENT.—The table of chap6 ters at the beginning of title 18, United States Code, is 

7 amended by inserting after the item for chapter 111 the 

8 following: 

‘‘111A. Destruction of, or interference with, vessels or 

maritime facilities ................................................. 2290’’. 

9 SEC. 307. THEFT OF INTERSTATE OR FOREIGN SHIPMENTS 

10 OR VESSELS. 

11 (a) THEFT OF INTERSTATE OR FOREIGN SHIP12 MENTS.—Section 659 of title 18, United States Code, is 

13 amended— 

14 (1) in the first undesignated paragraph— 

15 (A) by inserting ‘‘trailer,’’ after 

16 ‘‘motortruck,’’; 

17 (B) by inserting ‘‘air cargo container,’’ 

18 after ‘‘aircraft,’’; and 

19 (C) by inserting ‘‘, or from any intermodal 

20 container, trailer, container freight station, 

21 warehouse, or freight consolidation facility,’’ 

22 after ‘‘air navigation facility’’; 

23 (2) in the fifth undesignated paragraph, by 

24 striking ‘‘in each case’’ and all that follows through 
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1 ‘‘or both’’ the second place it appears and inserting 

2 ‘‘be fined under this title or imprisoned not more 

3 than 10 years, or both, but if the amount or value 

4 of such money, baggage, goods, or chattels is less 

5 than $1,000, shall be fined under this title or im6 prisoned for not more than 3 years, or both’’; and 

7 (3) by inserting after the first sentence in the 

8 eighth undesignated paragraph the following: ‘‘For 

9 purposes of this section, goods and chattel shall be 

10 construed to be moving as an interstate or foreign 

11 shipment at all points between the point of origin 

12 and the final destination (as evidenced by the waybill 

13 or other shipping document of the shipment), re14 gardless of any temporary stop while awaiting trans15 shipment or otherwise.’’. 

16 (b) STOLEN VESSELS.— 

17 (1) IN GENERAL.—Section 2311 of title 18, 

18 United States Code, is amended by adding at the 

19 end the following, as a new undesignated paragraph: 

20 ‘‘ ‘Vessel’ means any watercraft or other contrivance 

21 used or designed for transportation or navigation on, 

22 under, or immediately above, water.’’. 

23 (2) TRANSPORTATION AND SALE OF STOLEN

24 VESSELS.— 
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1 (A) TRANSPORTATION.—Section 2312 of 

2 title 18, United States Code, is amended by 

3 striking ‘‘motor vehicle or aircraft’’ and insert4 ing ‘‘motor vehicle, vessel, or aircraft’’. 

5 (B) SALE.—Section 2313(a) of title 18, 

6 United States Code, is amended by striking 

7 ‘‘motor vehicle or aircraft’’ and inserting 

8 ‘‘motor vehicle, vessel, or aircraft’’. 

9 (c) REVIEW OF SENTENCING GUIDELINES.—Pursu10 ant to section 994 of title 28, United States Code, the 

11 United States Sentencing Commission shall review the 

12 Federal Sentencing Guidelines to determine whether sen13 tencing enhancement is appropriate for any offense under 

14 section 659 or 2311 of title 18, United States Code, as 

15 amended by this title. 

16 (d) ANNUAL REPORT OF LAW ENFORCEMENT AC17 TIVITIES.—The Attorney General shall annually submit to 

18 Congress a report, which shall include an evaluation of 

19 law enforcement activities relating to the investigation and 

20 prosecution of offenses under section 659 of title 18, 

21 United States Code, as amended by this title. 

22 (e) REPORTING OF CARGO THEFT.—The Attorney 

23 General shall take the steps necessary to ensure that re24 ports of cargo theft collected by Federal, State, and local 

25 officials are reflected as a separate category in the Uni-
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1 form Crime Reporting System, or any successor system, 

2 by no later than December 31, 2006. 

3 SEC. 308. STOWAWAYS ON VESSELS OR AIRCRAFT. 

4 Section 2199 of title 18, United States Code, is 

5 amended by striking ‘‘Shall be fined under this title or 

6 imprisoned not more than one year, or both.’’ and insert7 ing the following: 

8 ‘‘(1) shall be fined under this title, imprisoned 

9 not more than 5 years, or both; 

10 ‘‘(2) if the person commits an act proscribed by 

11 this section, with the intent to commit serious bodily 

12 injury, and serious bodily injury occurs (as defined 

13 under section 1365, including any conduct that, if 

14 the conduct occurred in the special maritime and 

15 territorial jurisdiction of the United States, would 

16 violate section 2241 or 2242) to any person other 

17 than a participant as a result of a violation of this 

18 section, shall be fined under this title or imprisoned 

19 not more than 20 years, or both; and 

20 ‘‘(3) if an individual commits an act proscribed 

21 by this section, with the intent to cause death, and 

22 if the death of any person other than a participant 

23 occurs as a result of a violation of this section, shall 

24 be fined under this title, imprisoned for any number 

25 of years or for life, or both.’’. 
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1 SEC. 309. BRIBERY AFFECTING PORT SECURITY. 

2 (a) IN GENERAL.—Chapter 11 of title 18, United 

3 States Code, is amended by adding at the end the fol4 lowing: 

5 ‘‘§ 226. Bribery affecting port security 

6 ‘‘(a) IN GENERAL.—Whoever knowingly— 

7 ‘‘(1) directly or indirectly, corruptly gives, of8 fers, or promises anything of value to any public or 

9 private person, with intent to commit international 

10 terrorism or domestic terrorism (as those terms are 

11 defined under section 2331), to— 

12 ‘‘(A) influence any action or any person to 

13 commit or aid in committing, or collude in, or 

14 allow, any fraud, or make opportunity for the 

15 commission of any fraud affecting any secure or 

16 restricted area or seaport; or 

17 ‘‘(B) induce any official or person to do or 

18 omit to do any act in violation of the lawful 

19 duty of such official or person that affects any 

20 secure or restricted area or seaport; or 

21 ‘‘(2) directly or indirectly, corruptly demands, 

22 seeks, receives, accepts, or agrees to receive or ac23 cept anything of value personally or for any other 

24 person or entity in return for— 
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1 ‘‘(A) being influenced in the performance 

2 of any official act affecting any secure or re3 stricted area or seaport; and 

4 ‘‘(B) knowing that such influence will be 

5 used to commit, or plan to commit, inter6 national or domestic terrorism, 

7 shall be fined under this title or imprisoned not more than 

8 15 years, or both. 

9 ‘‘(b) DEFINITION.—In this section, the term ‘secure 

10 or restricted area’ means an area of a vessel or facility 

11 designated as secure in an approved security plan, as re12 quired under section 70103 of title 46, United States 

13 Code, and the rules and regulations promulgated under 

14 that section.’’. 

15 (b) CONFORMING AMENDMENT.—The table of sec16 tions for chapter 11 of title 18, United States Code, is 

17 amended by adding at the end the following: 

‘‘226. Bribery affecting port security.’’. 

18 SEC. 310. PENALTIES FOR SMUGGLING GOODS INTO THE 

19 UNITED STATES. 

20 The third undesignated paragraph of section 545 of 

21 title 18, United States Code, is amended by striking ‘‘5 

22 years’’ and inserting ‘‘20 years’’. 
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1 SEC. 311. SMUGGLING GOODS FROM THE UNITED STATES. 

2 (a) IN GENERAL.—Chapter 27 of title 18, United 

3 States Code, is amended by adding at the end the fol4 lowing: 

5 ‘‘§ 554. Smuggling goods from the United States 

6 ‘‘(a) IN GENERAL.—Whoever fraudulently or know7 ingly exports or sends from the United States, or attempts 

8 to export or send from the United States, any merchan9 dise, article, or object contrary to any law or regulation 

10 of the United States, or receives, conceals, buys, sells, or 

11 in any manner facilitates the transportation, concealment, 

12 or sale of such merchandise, article or object, prior to ex13 portation, knowing the same to be intended for expor14 tation contrary to any law or regulation of the United 

15 States, shall be fined under this title, imprisoned not more 

16 than 10 years, or both. 

17 ‘‘(b) DEFINITION.—In this section, the term ‘United 

18 States’ has the meaning given that term in section 545.’’. 

19 (b) CONFORMING AMENDMENT.—The chapter anal20 ysis for chapter 27 of title 18, United States Code, is 

21 amended by adding at the end the following: 

‘‘554. Smuggling goods from the United States.’’. 

22 (c) SPECIFIED UNLAWFUL ACTIVITY.—Section 

23 1956(c)(7)(D) of title 18, United States Code, is amended 

24 by inserting ‘‘section 554 (relating to smuggling goods 
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1 from the United States),’’ before ‘‘section 641 (relating 

2 to public money, property, or records),’’. 

3 (d) TARIFF ACT OF 1990.—Section 596 of the Tariff 

4 Act of 1930 (19 U.S.C. 1595a) is amended by adding at 

5 the end the following: 

6 ‘‘(d) Merchandise exported or sent from the United 

7 States or attempted to be exported or sent from the 

8 United States contrary to law, or the proceeds or value 

9 thereof, and property used to facilitate the exporting or 

10 sending of such merchandise, the attempted exporting or 

11 sending of such merchandise, or the receipt, purchase, 

12 transportation, concealment, or sale of such merchandise 

13 prior to exportation shall be seized and forfeited to the 

14 United States.’’. 

15 (e) REMOVING GOODS FROM CUSTOMS CUSTODY.— 

16 Section 549 of title 18, United States Code, is amended 

17 in the 5th paragraph by striking ‘‘two years’’ and insert18 ing ‘‘10 years’’. 

Æ