H. R. 3199—49
‘‘111A. Destruction of, or interference with, vessels or maritime fa-
cilities ...................................................................................................... 2290’’.
SEC. 307. THEFT OF INTERSTATE OR FOREIGN SHIPMENTS OR VES-
SELS. 
(a) THEFT
OF INTERSTATE
OR FOREIGN SHIPMENTS.—Section 
659 of title 18, United States Code, is amended—
(1) in the first undesignated paragraph—
(A) by inserting ‘‘trailer,’’ after ‘‘motortruck,’’; 
(B) by inserting ‘‘air cargo container,’’ after ‘‘aircraft,’’; 
and 
(C) by inserting ‘‘, or from any intermodal container, 
trailer, container freight station, warehouse, or freight 
consolidation facility,’’ after ‘‘air navigation facility’’; 
(2) in the fifth undesignated paragraph, by striking ‘‘in 
each case’’ and all that follows through ‘‘or both’’ the second 
place it appears and inserting ‘‘be fined under this title or 
imprisoned not more than 10 years, or both, but if the amount 
or value of such money, baggage, goods, or chattels is less 
than $1,000, shall be fined under this title or imprisoned for 
not more than 3 years, or both’’; and 
(3) by inserting after the first sentence in the eighth 
undesignated paragraph the following: ‘‘For purposes of this 
section, goods and chattel shall be construed to be moving 
as an interstate or foreign shipment at all points between 
the point of origin and the final destination (as evidenced 
by the waybill or other shipping document of the shipment), 
regardless of any temporary stop while awaiting transshipment 
or otherwise.’’. 
(b) STOLEN VESSELS.—
(1) IN GENERAL.—Section 2311 of title 18, United States 
Code, is amended by adding at the end the following, as a 
new undesignated paragraph: ‘‘ ‘Vessel’ means any watercraft 
or other contrivance used or designed for transportation or 
navigation on, under, or immediately above, water.’’. 
(2) TRANSPORTATION AND SALE OF STOLEN VESSELS.—
(A) TRANSPORTATION.—Section 2312 of title 18, United 
States Code, is amended by striking ‘‘motor vehicle or 
aircraft’’ and inserting ‘‘motor vehicle, vessel, or aircraft’’. 
(B) SALE.—Section 2313(a) of title 18, United States 
Code, is amended by striking ‘‘motor vehicle or aircraft’’ 
and inserting ‘‘motor vehicle, vessel, or aircraft’’. 
(c) REVIEW OF SENTENCING GUIDELINES.—Pursuant to section 
994 of title 28, United States Code, the United States Sentencing 
Commission shall review the Federal Sentencing Guidelines to 
determine whether sentencing enhancement is appropriate for any 
offense under section 659 or 2311 of title 18, United States Code, 
as amended by this title. 
(d) ANNUAL REPORT OF LAW ENFORCEMENT ACTIVITIES.—The 
Attorney General shall annually submit to Congress a report, which 
shall include an evaluation of law enforcement activities relating 
to the investigation and prosecution of offenses under section 659 
of title 18, United States Code, as amended by this title. 
(e) REPORTING OF CARGO THEFT.—The Attorney General shall 
take the steps necessary to ensure that reports of cargo theft 
collected by Federal, State, and local officials are reflected as a 
separate category in the Uniform Crime Reporting System, or any 
successor system, by no later than December 31, 2006.
H. R. 3199—50
SEC. 308. STOWAWAYS ON VESSELS OR AIRCRAFT. 
Section 2199 of title 18, United States Code, is amended by 
striking ‘‘Shall be fined under this title or imprisoned not more 
than one year, or both.’’ and inserting the following: 
‘‘(1) shall be fined under this title, imprisoned not more 
than 5 years, or both; 
‘‘(2) if the person commits an act proscribed by this section, 
with the intent to commit serious bodily injury, and serious 
bodily injury occurs (as defined under section 1365, including 
any conduct that, if the conduct occurred in the special mari-
time and territorial jurisdiction of the United States, would 
violate section 2241 or 2242) to any person other than a partici-
pant as a result of a violation of this section, shall be fined 
under this title or imprisoned not more than 20 years, or 
both; and 
‘‘(3) if an individual commits an act proscribed by this 
section, with the intent to cause death, and if the death of 
any person other than a participant occurs as a result of a 
violation of this section, shall be fined under this title, impris-
oned for any number of years or for life, or both.’’. 
SEC. 309. BRIBERY AFFECTING PORT SECURITY. 
(a) IN GENERAL.—Chapter 11 of title 18, United States Code, 
is amended by adding at the end the following: 
‘‘§ 226. Bribery affecting port security 
‘‘(a) IN GENERAL.—Whoever knowingly—
‘‘(1) directly or indirectly, corruptly gives, offers, or prom-
ises anything of value to any public or private person, with 
intent to commit international terrorism or domestic terrorism 
(as those terms are defined under section 2331), to—
‘‘(A) influence any action or any person to commit 
or aid in committing, or collude in, or allow, any fraud, 
or make opportunity for the commission of any fraud 
affecting any secure or restricted area or seaport; or 
‘‘(B) induce any official or person to do or omit to 
do any act in violation of the lawful duty of such official 
or person that affects any secure or restricted area or 
seaport; or 
‘‘(2) directly or indirectly, corruptly demands, seeks, 
receives, accepts, or agrees to receive or accept anything of 
value personally or for any other person or entity in return 
for—
‘‘(A) being influenced in the performance of any official 
act affecting any secure or restricted area or seaport; and 
‘‘(B) knowing that such influence will be used to 
commit, or plan to commit, international or domestic ter-
rorism, 
shall be fined under this title or imprisoned not more than 15 
years, or both. 
‘‘(b) DEFINITION.—In this section, the term ‘secure or restricted 
area’ means an area of a vessel or facility designated as secure 
in an approved security plan, as required under section 70103 
of title 46, United States Code, and the rules and regulations 
promulgated under that section.’’.
H. R. 3199—51
(b) CONFORMING AMENDMENT.—The table of sections for chapter 
11 of title 18, United States Code, is amended by adding at the 
end the following:
‘‘226. Bribery affecting port security.’’.
SEC. 310. PENALTIES FOR SMUGGLING GOODS INTO THE UNITED 
STATES. 
The third undesignated paragraph of section 545 of title 18, 
United States Code, is amended by striking ‘‘5 years’’ and inserting 
‘‘20 years’’. 
SEC. 311. SMUGGLING GOODS FROM THE UNITED STATES. 
(a) IN GENERAL.—Chapter 27 of title 18, United States Code, 
is amended by adding at the end the following: 
‘‘§ 554. Smuggling goods from the United States 
‘‘(a) IN GENERAL.—Whoever fraudulently or knowingly exports 
or sends from the United States, or attempts to export or send 
from the United States, any merchandise, article, or object contrary 
to any law or regulation of the United States, or receives, conceals, 
buys, sells, or in any manner facilitates the transportation, conceal-
ment, or sale of such merchandise, article or object, prior to expor-
tation, knowing the same to be intended for exportation contrary 
to any law or regulation of the United States, shall be fined under 
this title, imprisoned not more than 10 years, or both. 
‘‘(b) DEFINITION.—In this section, the term ‘United States’ has 
the meaning given that term in section 545.’’. 
(b) CONFORMING
AMENDMENT.—The chapter analysis for 
chapter 27 of title 18, United States Code, is amended by adding 
at the end the following:
‘‘554. Smuggling goods from the United States.’’.
(c) SPECIFIED UNLAWFUL ACTIVITY.—Section 1956(c)(7)(D) of 
title 18, United States Code, is amended by inserting ‘‘section 
554 (relating to smuggling goods from the United States),’’ before 
‘‘section 641 (relating to public money, property, or records),’’. 
(d) TARIFF ACT
OF 1990.—Section 596 of the Tariff Act of 
1930 (19 U.S.C. 1595a) is amended by adding at the end the 
following: 
‘‘(d) Merchandise exported or sent from the United States or 
attempted to be exported or sent from the United States contrary 
to law, or the proceeds or value thereof, and property used to 
facilitate the exporting or sending of such merchandise, the 
attempted exporting or sending of such merchandise, or the receipt, 
purchase, transportation, concealment, or sale of such merchandise 
prior to exportation shall be seized and forfeited to the United 
States.’’. 
(e) REMOVING GOODS FROM CUSTOMS CUSTODY.—Section 549 
of title 18, United States Code, is amended in the 5th paragraph 
by striking ‘‘two years’’ and inserting ‘‘10 years’’.
H. R. 3199—52
TITLE IV—COMBATING TERRORISM 
FINANCING 
SEC. 401. SHORT TITLE. 
This title may be cited as the ‘‘Combating Terrorism Financing 
Act of 2005’’. 
SEC. 402. INCREASED PENALTIES FOR TERRORISM FINANCING. 
Section 206 of the International Emergency Economic Powers 
Act (50 U.S.C. 1705) is amended—
(1) in subsection (a), by deleting ‘‘$10,000’’ and inserting 
‘‘$50,000’’; and 
(2) in subsection (b), by deleting ‘‘ten years’’ and inserting 
‘‘twenty years’’. 
SEC. 403. TERRORISM-RELATED SPECIFIED ACTIVITIES FOR MONEY 
LAUNDERING. 
(a) AMENDMENTS TO RICO.—Section 1961(1) of title 18, United 
States Code, is amended in subparagraph (B), by inserting ‘‘section 
1960 (relating to illegal money transmitters),’’ before ‘‘sections 
2251’’. 
(b) AMENDMENT TO SECTION 1956(c)(7).—Section 1956(c)(7)(D) 
of title 18, United States Code, is amended by striking ‘‘or any 
felony violation of the Foreign Corrupt Practices Act’’ and inserting 
‘‘any felony violation of the Foreign Corrupt Practices Act’’. 
(c) CONFORMING
AMENDMENTS
TO
SECTIONS
1956(e) 
AND 
1957(e).—
(1) Section 1956(e) of title 18, United States Code, is 
amended to read as follows: 
‘‘(e) Violations of this section may be investigated by such 
components of the Department of Justice as the Attorney General 
may direct, and by such components of the Department of the 
Treasury as the Secretary of the Treasury may direct, as appro-
priate, and, with respect to offenses over which the Department 
of Homeland Security has jurisdiction, by such components of the 
Department of Homeland Security as the Secretary of Homeland 
Security may direct, and, with respect to offenses over which the 
United States Postal Service has jurisdiction, by the Postal Service. 
Such authority of the Secretary of the Treasury, the Secretary 
of Homeland Security, and the Postal Service shall be exercised 
in accordance with an agreement which shall be entered into by 
the Secretary of the Treasury, the Secretary of Homeland Security, 
the Postal Service, and the Attorney General. Violations of this 
section involving offenses described in paragraph (c)(7)(E) may be 
investigated by such components of the Department of Justice as 
the Attorney General may direct, and the National Enforcement 
Investigations Center of the Environmental Protection Agency.’’. 
(2) Section 1957(e) of title 18, United States Code, is 
amended to read as follows: 
‘‘(e) Violations of this section may be investigated by such 
components of the Department of Justice as the Attorney General 
may direct, and by such components of the Department of the 
Treasury as the Secretary of the Treasury may direct, as appro-
priate, and, with respect to offenses over which the Department 
of Homeland Security has jurisdiction, by such components of the 
Department of Homeland Security as the Secretary of Homeland
H. R. 3199—53
Security may direct, and, with respect to offenses over which the 
United States Postal Service has jurisdiction, by the Postal Service. 
Such authority of the Secretary of the Treasury, the Secretary 
of Homeland Security, and the Postal Service shall be exercised 
in accordance with an agreement which shall be entered into by 
the Secretary of the Treasury, the Secretary of Homeland Security, 
the Postal Service, and the Attorney General.’’. 
SEC. 404. ASSETS OF PERSONS COMMITTING TERRORIST ACTS 
AGAINST FOREIGN COUNTRIES OR INTERNATIONAL 
ORGANIZATIONS. 
Section 981(a)(1)(G) of title 18, United States Code, is 
amended—
(1) by striking ‘‘or’’ at the end of clause (ii); 
(2) by striking the period at the end of clause (iii) and 
inserting ‘‘; or’’; and 
(3) by inserting the following after clause (iii): 
‘‘(iv) of any individual, entity, or organization 
engaged in planning or perpetrating any act of inter-
national terrorism (as defined in section 2331) against 
any international organization (as defined in section 
209 of the State Department Basic Authorities Act 
of 1956 (22 U.S.C. 4309(b)) or against any foreign 
Government. Where the property sought for forfeiture 
is located beyond the territorial boundaries of the 
United States, an act in furtherance of such planning 
or perpetration must have occurred within the jurisdic-
tion of the United States.’’. 
SEC. 405. MONEY LAUNDERING THROUGH HAWALAS. 
Section 1956(a)(1) of title 18, United States Code, is amended 
by adding at the end the following: ‘‘For purposes of this paragraph, 
a financial transaction shall be considered to be one involving 
the proceeds of specified unlawful activity if it is part of a set 
of parallel or dependent transactions, any one of which involves 
the proceeds of specified unlawful activity, and all of which are 
part of a single plan or arrangement.’’. 
SEC. 406. TECHNICAL AND CONFORMING AMENDMENTS RELATING TO 
THE USA PATRIOT ACT. 
(a) TECHNICAL CORRECTIONS.—
(1) Section 322 of Public Law 107–56 is amended by 
striking ‘‘title 18’’ and inserting ‘‘title 28’’. 
(2) Section 1956(b)(3) and (4) of title 18, United States 
Code, are amended by striking ‘‘described in paragraph (2)’’ 
each time it appears; and 
(3) Section 981(k) of title 18, United States Code, is 
amended by striking ‘‘foreign bank’’ each time it appears and 
inserting ‘‘foreign financial institution (as defined in section 
984(c)(2)(A) of this title)’’. 
(b) CODIFICATION OF SECTION 316 OF THE USA PATRIOT ACT.—
(1) Chapter 46 of title 18, United States Code, is amended—
(A) in the chapter analysis, by inserting at the end 
the following:
‘‘987. Anti-terrorist forfeiture protection.’’;
and 
(B) by inserting at the end the following:
H. R. 3199—54
‘‘§ 987. Anti-terrorist forfeiture protection 
‘‘(a) RIGHT TO CONTEST.—An owner of property that is con-
fiscated under any provision of law relating to the confiscation 
of assets of suspected international terrorists, may contest that 
confiscation by filing a claim in the manner set forth in the Federal 
Rules of Civil Procedure (Supplemental Rules for Certain Admiralty 
and Maritime Claims), and asserting as an affirmative defense 
that—
‘‘(1) the property is not subject to confiscation under such 
provision of law; or 
‘‘(2) the innocent owner provisions of section 983(d) of title 
18, United States Code, apply to the case. 
‘‘(b) EVIDENCE.—In considering a claim filed under this section, 
a court may admit evidence that is otherwise inadmissible under 
the Federal Rules of Evidence, if the court determines that the 
evidence is reliable, and that compliance with the Federal Rules 
of Evidence may jeopardize the national security interests of the 
United States. 
‘‘(c) CLARIFICATIONS.—
‘‘(1) PROTECTION OF RIGHTS.—The exclusion of certain provi-
sions of Federal law from the definition of the term ‘civil 
forfeiture statute’ in section 983(i) of title 18, United States 
Code, shall not be construed to deny an owner of property 
the right to contest the confiscation of assets of suspected 
international terrorists under—
‘‘(A) subsection (a) of this section; 
‘‘(B) the Constitution; or 
‘‘(C) subchapter II of chapter 5 of title 5, United States 
Code (commonly known as the ‘Administrative Procedure 
Act’). 
‘‘(2) SAVINGS CLAUSE.—Nothing in this section shall limit 
or otherwise affect any other remedies that may be available 
to an owner of property under section 983 of title 18, United 
States Code, or any other provision of law.’’. 
(2) Subsections (a), (b), and (c) of section 316 of Public 
Law 107–56 are repealed. 
(c) CONFORMING AMENDMENTS CONCERNING CONSPIRACIES.—
(1) Section 33(a) of title 18, United States Code is amended 
by inserting ‘‘or conspires’’ before ‘‘to do any of the aforesaid 
acts’’. 
(2) Section 1366(a) of title 18, United States Code, is 
amended—
(A) by striking ‘‘attempts’’ each time it appears and 
inserting ‘‘attempts or conspires’’; and 
(B) by inserting ‘‘, or if the object of the conspiracy 
had been achieved,’’ after ‘‘the attempted offense had been 
completed’’. 
SEC. 407. CROSS REFERENCE CORRECTION. 
Section 5318(n)(4)(A) of title 31, United States Code, is amended 
by striking ‘‘National Intelligence Reform Act of 2004’’ and inserting 
‘‘Intelligence Reform and Terrorism Prevention Act of 2004’’. 
SEC. 408. AMENDMENT TO AMENDATORY LANGUAGE. 
Section 6604 of the Intelligence Reform and Terrorism Preven-
tion Act of 2004 is amended (effective on the date of the enactment 
of that Act)—
H. R. 3199—55
(1) by striking ‘‘Section 2339c(c)(2)’’ and inserting ‘‘Section 
2339C(c)(2)’’; and 
(2) by striking ‘‘Section 2339c(e)’’ and inserting ‘‘Section 
2339C(e)’’. 
SEC. 409. DESIGNATION OF ADDITIONAL MONEY LAUNDERING PREDI-
CATE. 
Section 1956(c)(7)(D) of title 18, United States Code, is 
amended—
(1) by inserting ‘‘, section 2339C (relating to financing 
of terrorism), or section 2339D (relating to receiving military-
type training from a foreign terrorist organization)’’ after ‘‘sec-
tion 2339A or 2339B (relating to providing material support 
to terrorists)’’; and 
(2) by striking ‘‘or’’ before ‘‘section 2339A or 2339B’’. 
SEC. 410. UNIFORM PROCEDURES FOR CRIMINAL FORFEITURE. 
Section 2461(c) of title 28, United States Code, is amended 
to read as follows: 
‘‘(c) If a person is charged in a criminal case with a violation 
of an Act of Congress for which the civil or criminal forfeiture 
of property is authorized, the Government may include notice of 
the forfeiture in the indictment or information pursuant to the 
Federal Rules of Criminal Procedure. If the defendant is convicted 
of the offense giving rise to the forfeiture, the court shall order 
the forfeiture of the property as part of the sentence in the criminal 
case pursuant to to the Federal Rules of Criminal Procedure and 
section 3554 of title 18, United States Code. The procedures in 
section 413 of the Controlled Substances Act (21 U.S.C. 853) apply 
to all stages of a criminal forfeiture proceeding, except that sub-
section (d) of such section applies only in cases in which the defend-
ant is convicted of a violation of such Act.’’. 
TITLE V—MISCELLANEOUS PROVISIONS 
SEC. 501. RESIDENCE OF UNITED STATES ATTORNEYS AND ASSISTANT 
UNITED STATES ATTORNEYS. 
(a) IN GENERAL.—Subsection (a) of section 545 of title 28, 
United States Code, is amended by adding at the end the following 
new sentence: ‘‘Pursuant to an order from the Attorney General 
or his designee, a United States attorney or an assistant United 
States attorney may be assigned dual or additional responsibilities 
that exempt such officer from the residency requirement in this 
subsection for a specific period as established by the order and 
subject to renewal.’’. 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 
shall take effect as of February 1, 2005. 
SEC. 502. INTERIM APPOINTMENT OF UNITED STATES ATTORNEYS. 
Section 546 of title 28, United States Code, is amended by 
striking subsections (c) and (d) and inserting the following new 
subsection: 
‘‘(c) A person appointed as United States attorney under this 
section may serve until the qualification of a United States Attorney 
for such district appointed by the President under section 541 
of this title.’’.
H. R. 3199—56
SEC. 503. SECRETARY OF HOMELAND SECURITY IN PRESIDENTIAL 
LINE OF SUCCESSION. 
Section 19(d)(1) of title 3, United States Code, is amended 
by inserting ‘‘, Secretary of Homeland Security’’ after ‘‘Secretary 
of Veterans Affairs’’. 
SEC. 504. BUREAU OF ALCOHOL, TOBACCO AND FIREARMS TO THE 
DEPARTMENT OF JUSTICE. 
The second sentence of section 1111(a)(2) of the Homeland 
Security Act of 2002 (6 U.S.C. 531(a)(2)) is amended by striking 
‘‘Attorney General’’ the first place it appears and inserting ‘‘Presi-
dent, by and with the advice and consent of the Senate’’. 
SEC. 505. QUALIFICATIONS OF UNITED STATES MARSHALS. 
Section 561 of title 28, United States Code, is amended by 
adding at the end the following new subsection: 
‘‘(i) Each marshal appointed under this section should have—
‘‘(1) a minimum of 4 years of command-level law enforce-
ment management duties, including personnel, budget, and 
accountable property issues, in a police department, sheriff’s 
office or Federal law enforcement agency; 
‘‘(2) experience in coordinating with other law enforcement 
agencies, particularly at the State and local level; 
‘‘(3) college-level academic experience; and 
‘‘(4) experience in or with county, State, and Federal court 
systems or experience with protection of court personnel, jurors, 
and witnesses.’’. 
SEC. 506. DEPARTMENT OF JUSTICE INTELLIGENCE MATTERS. 
(a) ASSISTANT ATTORNEY GENERAL FOR NATIONAL SECURITY.—
(1) IN GENERAL.—Chapter 31 of title 28, United States 
Code, is amended by inserting after section 507 the following 
new section: 
‘‘§ 507A. Assistant Attorney General for National Security 
‘‘(a) Of the Assistant Attorneys General appointed under section 
506, one shall serve, upon the designation of the President, as 
the Assistant Attorney General for National Security. 
‘‘(b) The Assistant Attorney General for National Security 
shall—
‘‘(1) serve as the head of the National Security Division 
of the Department of Justice under section 509A of this title; 
‘‘(2) serve as primary liaison to the Director of National 
Intelligence for the Department of Justice; and 
‘‘(3) perform such other duties as the Attorney General 
may prescribe.’’. 
(2) ADDITIONAL
ASSISTANT
ATTORNEY
GENERAL.—Section 
506 of title 28, United States Code, is amended by striking 
‘‘ten’’ and inserting ‘‘11’’. 
(3) EXECUTIVE SCHEDULE MATTERS.—Section 5315 of title 
5, United States Code, is amended by striking the matter 
relating to Assistant Attorneys General and inserting the fol-
lowing: 
‘‘Assistant Attorneys General (11).’’. 
(4) CONSULTATION OF DIRECTOR OF NATIONAL INTELLIGENCE 
IN APPOINTMENT.—Section 106(c)(2) of the National Security 
Act of 1947 (50 U.S.C. 403–6(c)(2)) is amended by adding at 
the end the following new subparagraph:
H. R. 3199—57
‘‘(C) The Assistant Attorney General designated as the 
Assistant Attorney General for National Security under section 
507A of title 28, United States Code.’’. 
(5) AUTHORITY TO ACT FOR ATTORNEY GENERAL UNDER FOR-
EIGN INTELLIGENCE SURVEILLANCE ACT OF 1978.—Section 101(g) 
of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
1801(g)) is amended by striking ‘‘or the Deputy Attorney Gen-
eral’’ and inserting ‘‘, the Deputy Attorney General, or, upon 
the designation of the Attorney General, the Assistant Attorney 
General designated as the Assistant Attorney General for 
National Security under section 507A of title 28, United States 
Code’’. 
(6) AUTHORIZATION
FOR
INTERCEPTION
OF
COMMUNICA-
TIONS.—Section 2516(1) of title 18, United States Code, is 
amended by inserting ‘‘or National Security Division’’ after 
‘‘the Criminal Division’’. 
(7) AUTHORITY TO ACT FOR ATTORNEY GENERAL IN MATTERS 
INVOLVING
WITNESS
RELOCATION
OR
PROTECTION.—Section 
3521(d)(3) of title 18, United States Code, is amended by 
striking ‘‘to the Assistant Attorney General in charge of the 
Criminal Division of the Department of Justice’’ and inserting 
‘‘to any Assistant Attorney General in charge of the Criminal 
Division or National Security Division of the Department of 
Justice’’. 
(8) PROSECUTION OF CASES INVOLVING CLASSIFIED INFORMA-
TION.—Section 9A(a) of the Classified Information Procedures 
Act (18 U.S.C. App.) is amended by inserting ‘‘or the Assistant 
Attorney General for National Security, as appropriate,’’ after 
‘‘Assistant Attorney General for the Criminal Division’’. 
(9) INTELLIGENCE
AND
NATIONAL
SECURITY
ASPECTS
OF 
ESPIONAGE
PROSECUTION.—Section 341(b) of the Intelligence 
Authorization Act for Fiscal Year 2004 (28 U.S.C. 519 note) 
is amended by striking ‘‘acting through the Office of Intelligence 
Policy and Review of the Department of Justice’’ and inserting 
‘‘acting through the Assistant Attorney General for National 
Security’’. 
(10) CERTIFICATIONS
FOR
CERTAIN
UNDERCOVER
FOREIGN 
INTELLIGENCE AND COUNTERINTELLIGENCE INVESTIGATIVE OPER-
ATIONS.—Section 102(b)(1) of Public Law 102–395 (28 U.S.C. 
533 note) is amended by striking ‘‘Counsel for Intelligence 
Policy’’ and inserting ‘‘Assistant Attorney General for National 
Security’’. 
(11) INCLUSION IN FEDERAL LAW ENFORCEMENT COMMUNITY 
FOR EMERGENCY FEDERAL LAW ENFORCEMENTS ASSISTANCE PUR-
POSES.—Section 609N(2) of the Justice Assistance Act of 1984 
(42 U.S.C. 10502(2)) is amended—
(A) by redesignating subparagraphs (L) and (M) as 
subparagraphs (M) and (N), respectively; and 
(B) by inserting after subparagraph (K) the following 
new subparagraph (L): 
‘‘(L) the National Security Division of the Department 
of Justice,’’. 
(b) NATIONAL SECURITY DIVISION OF DEPARTMENT OF JUSTICE.—
(1) IN GENERAL.—Chapter 31 of title 28, United States 
Code, is further amended by inserting after section 509 the 
following new section:
H. R. 3199—58
‘‘§ 509A. National Security Division 
‘‘(a) There is a National Security Division of the Department 
of Justice. 
‘‘(b) The National Security Division shall consist of the elements 
of the Department of Justice (other than the Federal Bureau of 
Investigation) engaged primarily in support of the intelligence and 
intelligence-related activities of the United States Government, 
including the following: 
‘‘(1) The Assistant Attorney General designated as the 
Assistant Attorney General for National Security under section 
507A of this title. 
‘‘(2) The Office of Intelligence Policy and Review (or any 
successor organization). 
‘‘(3) The counterterrorism section (or any successor 
organization). 
‘‘(4) The counterespionage section (or any successor 
organization). 
‘‘(5) Any other element, component, or office designated 
by the Attorney General.’’. 
(2) PROHIBITION ON POLITICAL ACTIVITY.—Section 7323(b)(3) 
of title 5, United States Code, is amended by inserting ‘‘or 
National Security Division’’ after ‘‘Criminal Division’’. 
(c) CLERICAL AMENDMENTS.—The table of sections at the begin-
ning of chapter 31 of title 28, United States Code, is amended—
(1) by inserting after the item relating to section 507 the 
following new item:
‘‘507A. Assistant Attorney General for National Security.’’;
and 
(2) by inserting after the item relating to section 509 the 
following new item:
‘‘509A. National Security Division.’’.
(d) PROCEDURES
FOR
CONFIRMATION
OF
THE
ASSISTANT 
ATTORNEY GENERAL FOR NATIONAL SECURITY.—(1) Section 17 of 
Senate Resolution 400 (94th Congress) is amended—
(A) in subsection (a), by striking ‘‘(a) The’’ and inserting 
‘‘(a)(1) Except as otherwise provided in subsection (b), the’’; 
(B) in subsection (b), by striking ‘‘(b)’’ and inserting ‘‘(2)’’; 
and 
(C) by inserting after subsection (a) the following new 
subsection: 
‘‘(b)(1) With respect to the confirmation of the Assistant 
Attorney General for National Security, or any successor position, 
the nomination of any individual by the President to serve in 
such position shall be referred to the Committee on the Judiciary 
and, if and when reported, to the select Committee for not to 
exceed 20 calendar days, except that in cases when the 20-day 
period expires while the Senate is in recess, the select Committee 
shall have 5 additional calendar days after the Senate reconvenes 
to report the nomination. 
‘‘(2) If, upon the expiration of the period described in paragraph 
(1), the select Committee has not reported the nomination, such 
nomination shall be automatically discharged from the select Com-
mittee and placed on the Executive Calendar.’’. 
(2) Paragraph (1) is enacted—
H. R. 3199—59
(A) as an exercise of the rulemaking power of the Senate; 
and 
(B) with full recognition of the constitutional right of the 
Senate to change the rules of the Senate at any time and 
to the same extent as in the case of any other rule of the 
Senate. 
SEC. 507. REVIEW BY ATTORNEY GENERAL. 
(a) APPLICABILITY.—Section 2261 of title 28, United States 
Code, is amended by striking subsection (b) and inserting the fol-
lowing: 
‘‘(b) COUNSEL.—This chapter is applicable if—
‘‘(1) the Attorney General of the United States certifies 
that a State has established a mechanism for providing counsel 
in postconviction proceedings as provided in section 2265; and 
‘‘(2) counsel was appointed pursuant to that mechanism, 
petitioner validly waived counsel, petitioner retained counsel, 
or petitioner was found not to be indigent.’’. 
(b) SCOPE OF PRIOR REPRESENTATION.—Section 2261(d) of title 
28, United States Code is amended by striking ‘‘or on direct appeal’’. 
(c) CERTIFICATION AND JUDICIAL REVIEW.—
(1) IN GENERAL.—Chapter 154 of title 28, United States 
Code, is amended by striking section 2265 and inserting the 
following: 
‘‘§ 2265. Certification and judicial review 
‘‘(a) CERTIFICATION.—
‘‘(1) IN GENERAL.—If requested by an appropriate State 
official, the Attorney General of the United States shall deter-
mine—
‘‘(A) whether the State has established a mechanism 
for the appointment, compensation, and payment of reason-
able litigation expenses of competent counsel in State 
postconviction proceedings brought by indigent prisoners 
who have been sentenced to death; 
‘‘(B) the date on which the mechanism described in 
subparagraph (A) was established; and 
‘‘(C) whether the State provides standards of com-
petency for the appointment of counsel in proceedings 
described in subparagraph (A). 
‘‘(2) EFFECTIVE DATE.—The date the mechanism described 
in paragraph (1)(A) was established shall be the effective date 
of the certification under this subsection. 
‘‘(3) ONLY EXPRESS REQUIREMENTS.—There are no require-
ments for certification or for application of this chapter other 
than those expressly stated in this chapter. 
‘‘(b) REGULATIONS.—The Attorney General shall promulgate 
regulations to implement the certification procedure under sub-
section (a). 
‘‘(c) REVIEW OF CERTIFICATION.—
‘‘(1) IN GENERAL.—The determination by the Attorney Gen-
eral regarding whether to certify a State under this section 
is subject to review exclusively as provided under chapter 158 
of this title. 
‘‘(2) VENUE.—The Court of Appeals for the District of 
Columbia Circuit shall have exclusive jurisdiction over matters
H. R. 3199—60
under paragraph (1), subject to review by the Supreme Court 
under section 2350 of this title. 
‘‘(3) STANDARD
OF
REVIEW.—The determination by the 
Attorney General regarding whether to certify a State under 
this section shall be subject to de novo review.’’. 
(2) CLERICAL
AMENDMENT.—The table of sections for 
chapter 154 of title 28, United States Code, is amended by 
striking the item related to section 2265 and inserting the 
following:
‘‘2265. Certification and judicial review.’’.
(d) APPLICATION TO PENDING CASES.—
(1) IN GENERAL.—This section and the amendments made 
by this section shall apply to cases pending on or after the 
date of enactment of this Act. 
(2) TIME LIMITS.—In a case pending on the date of enact-
ment of this Act, if the amendments made by this section 
establish a time limit for taking certain action, the period 
of which began on the date of an event that occurred prior 
to the date of enactment of this Act, the period of such time 
limit shall instead begin on the date of enactment of this 
Act. 
(e) TIME LIMITS.—Section 2266(b)(1)(A) of title 28, United States 
Code, is amended by striking ‘‘180 days after the date on which 
the application is filed’’ and inserting ‘‘450 days after the date 
on which the application is filed, or 60 days after the date on 
which the case is submitted for decision, whichever is earlier’’. 
(f) STAY OF STATE COURT PROCEEDINGS.—Section 2251 of title 
28, United States Code, is amended—
(1) in the first undesignated paragraph, by striking ‘‘A 
justice’’ and inserting the following: 
‘‘(a) IN GENERAL.—
‘‘(1) PENDING MATTERS.—A justice’’; 
(2) in the second undesignated paragraph, by striking 
‘‘After the’’ and inserting the following: 
‘‘(b) NO FURTHER PROCEEDINGS.—After the’’; and 
(3) in subsection (a), as so designated by paragraph (1), 
by adding at the end the following: 
‘‘(2) MATTER NOT PENDING.—For purposes of this section, 
a habeas corpus proceeding is not pending until the application 
is filed. 
‘‘(3) APPLICATION
FOR
APPOINTMENT
OF
COUNSEL.—If a 
State prisoner sentenced to death applies for appointment of 
counsel pursuant to section 3599(a)(2) of title 18 in a court 
that would have jurisdiction to entertain a habeas corpus 
application regarding that sentence, that court may stay execu-
tion of the sentence of death, but such stay shall terminate 
not later than 90 days after counsel is appointed or the applica-
tion for appointment of counsel is withdrawn or denied.’’. 
TITLE VI—SECRET SERVICE 
SEC. 601. SHORT TITLE. 
This title may be cited as the ‘‘Secret Service Authorization 
and Technical Modification Act of 2005’’.
H. R. 3199—61
SEC. 602. INTERFERENCE WITH NATIONAL SPECIAL SECURITY EVENTS. 
(a) IN GENERAL.—Section 1752 of title 18, United States Code, 
is amended—
(1) in subsection (a)—
(A) by amending paragraph (1) to read as follows: 
‘‘(1) willfully and knowingly to enter or remain in any 
posted, cordoned off, or otherwise restricted area of a building 
or grounds where the President or other person protected by 
the Secret Service is or will be temporarily visiting;’’; 
(B) by redesignating paragraphs (2), (3), and (4) as 
paragraphs (3), (4), and (5), respectively; 
(C) by inserting after paragraph (1) the following new 
paragraph: 
‘‘(2) willfully and knowingly to enter or remain in any 
posted, cordoned off, or otherwise restricted area of a building 
or grounds so restricted in conjunction with an event designated 
as a special event of national significance;’’; 
(D) in paragraph (3), as redesignated by subparagraph 
(B)—
(i) by inserting ‘‘willfully, knowingly, and’’ before 
‘‘with intent to impede or disrupt’’; 
(ii) 
by 
striking 
‘‘designated’’ 
and 
inserting 
‘‘described’’; and 
(iii) by inserting ‘‘or (2)’’ after ‘‘paragraph (1)’’; 
(E) in paragraph (4), as redesignated by subparagraph 
(B)—
(i) by striking ‘‘designated or enumerated’’ and 
inserting ‘‘described’’; and 
(ii) by inserting ‘‘or (2)’’ after ‘‘paragraph (1)’’; and 
(F) in paragraph (5), as redesignated by subparagraph 
(B)—
(i) by striking ‘‘designated or enumerated’’ and 
inserting ‘‘described’’; and 
(ii) by inserting ‘‘or (2)’’ after ‘‘paragraph (1)’’; 
(2) by amending subsection (b) to read as follows: 
‘‘(b) Violation of this section, and attempts or conspiracies to 
commit such violations, shall be punishable by—
‘‘(1) a fine under this title or imprisonment for not more 
than 10 years, or both, if—
‘‘(A) the person, during and in relation to the offense, 
uses or carries a deadly or dangerous weapon or firearm; 
or 
‘‘(B) the offense results in significant bodily injury as 
defined by section 2118(e)(3); and 
‘‘(2) a fine under this title or imprisonment for not more 
than one year, or both, in any other case.’’; and 
(3) by striking subsection (d) and redesignating subsections 
(e) and (f) as subsections (d) and (e), respectively. 
(b) CLERICAL AMENDMENT.—(1) The heading of such section 
is amended to read as follows: 
‘‘§ 1752. Restricted building or grounds’’. 
(2) The item relating to such section in the table of sections 
at the beginning of chapter 84 of such title is amended to read 
as follows:
‘‘1752. Restricted building or grounds.’’.
H. R. 3199—62
SEC. 603. FALSE CREDENTIALS TO NATIONAL SPECIAL SECURITY 
EVENTS. 
Section 1028 of title 18, United States Code, is amended—
(1) in subsection (a)(6), by inserting ‘‘or a sponsoring entity 
of an event designated as a special event of national signifi-
cance’’ after ‘‘States’’; 
(2) in subsection (c)(1), by inserting ‘‘or a sponsoring entity 
of an event designated as a special event of national signifi-
cance’’ after ‘‘States’’; 
(3) in subsection (d)(3), by inserting ‘‘a sponsoring entity 
of an event designated as a special event of national signifi-
cance,’’ after ‘‘political subdivision of a State,’’; and 
(4) in each of subsections (d)(4)(B) and (d)(6)(B), by 
inserting ‘‘a sponsoring entity of an event designated by the 
President as a special event of national significance,’’ after 
‘‘political subdivision of a State,’’. 
SEC. 604. FORENSIC AND INVESTIGATIVE SUPPORT OF MISSING AND 
EXPLOITED CHILDREN CASES. 
Section 3056(f) of title 18, United States Code, is amended 
by striking ‘‘officers and agents of the Secret Service are’’ and 
inserting ‘‘the Secret Service is’’. 
SEC. 605. THE UNIFORMED DIVISION, UNITED STATES SECRET 
SERVICE. 
(a) IN GENERAL.—Chapter 203 of title 18, United States Code, 
is amended by inserting after section 3056 the following: 
‘‘§ 3056A. Powers, authorities, and duties of United States 
Secret Service Uniformed Division 
‘‘(a) There is hereby created and established a permanent police 
force, to be known as the ‘United States Secret Service Uniformed 
Division’. Subject to the supervision of the Secretary of Homeland 
Security, the United States Secret Service Uniformed Division shall 
perform such duties as the Director, United States Secret Service, 
may prescribe in connection with the protection of the following: 
‘‘(1) The White House in the District of Columbia. 
‘‘(2) Any building in which Presidential offices are located. 
‘‘(3) The Treasury Building and grounds. 
‘‘(4) The President, the Vice President (or other officer 
next in the order of succession to the Office of President), 
the President-elect, the Vice President-elect, and their imme-
diate families. 
‘‘(5) Foreign diplomatic missions located in the metropolitan 
area of the District of Columbia. 
‘‘(6) The temporary official residence of the Vice President 
and grounds in the District of Columbia. 
‘‘(7) Foreign diplomatic missions located in metropolitan 
areas (other than the District of Columbia) in the United States 
where there are located twenty or more such missions headed 
by full-time officers, except that such protection shall be pro-
vided only—
‘‘(A) on the basis of extraordinary protective need; 
‘‘(B) upon request of an affected metropolitan area; 
and 
‘‘(C) when the extraordinary protective need arises at 
or in association with a visit to—
H. R. 3199—63
‘‘(i) a permanent mission to, or an observer mission 
invited to participate in the work of, an international 
organization of which the United States is a member; 
or 
‘‘(ii) an international organization of which the 
United States is a member; 
except that such protection may also be provided for motor-
cades and at other places associated with any such visit 
and may be extended at places of temporary domicile in 
connection with any such visit. 
‘‘(8) Foreign consular and diplomatic missions located in 
such areas in the United States, its territories and possessions, 
as the President, on a case-by-case basis, may direct. 
‘‘(9) Visits of foreign government officials to metropolitan 
areas (other than the District of Columbia) where there are 
located twenty or more consular or diplomatic missions staffed 
by accredited personnel, including protection for motorcades 
and at other places associated with such visits when such 
officials are in the United States to conduct official business 
with the United States Government. 
‘‘(10) Former Presidents and their spouses, as provided 
in section 3056(a)(3) of title 18. 
‘‘(11) An event designated under section 3056(e) of title 
18 as a special event of national significance. 
‘‘(12) Major Presidential and Vice Presidential candidates 
and, within 120 days of the general Presidential election, the 
spouses of such candidates, as provided in section 3056(a)(7) 
of title 18. 
‘‘(13) Visiting heads of foreign states or foreign govern-
ments. 
‘‘(b)(1) Under the direction of the Director of the Secret Service, 
members of the United States Secret Service Uniformed Division 
are authorized to—
‘‘(A) carry firearms; 
‘‘(B) make arrests without warrant for any offense against 
the United States committed in their presence, or for any 
felony cognizable under the laws of the United States if they 
have reasonable grounds to believe that the person to be 
arrested has committed or is committing such felony; and 
‘‘(C) perform such other functions and duties as are author-
ized by law. 
‘‘(2) Members of the United States Secret Service Uniformed 
Division shall possess privileges and powers similar to those of 
the members of the Metropolitan Police of the District of Columbia. 
‘‘(c) Members of the United States Secret Service Uniformed 
Division shall be furnished with uniforms and other necessary 
equipment. 
‘‘(d) In carrying out the functions pursuant to paragraphs (7) 
and (9) of subsection (a), the Secretary of Homeland Security may 
utilize, with their consent, on a reimbursable basis, the services, 
personnel, equipment, and facilities of State and local governments, 
and is authorized to reimburse such State and local governments 
for the utilization of such services, personnel, equipment, and facili-
ties. The Secretary of Homeland Security may carry out the func-
tions pursuant to paragraphs (7) and (9) of subsection (a) by con-
tract. The authority of this subsection may be transferred by the 
President to the Secretary of State. In carrying out any duty under
H. R. 3199—64
paragraphs (7) and (9) of subsection (a), the Secretary of State 
is authorized to utilize any authority available to the Secretary 
under title II of the State Department Basic Authorities Act of 
1956.’’. 
(b) AMENDMENT TO TABLE OF SECTIONS.—The table of sections 
at the beginning of chapter 203 of title 18, United States Code, 
is amended by inserting after the item relating to section 3056 
the following new item:
‘‘3056A. Powers, authorities, and duties of United States Secret Service Uniformed 
Division.’’.
(c) CONFORMING REPEAL TO EFFECTUATE TRANSFER.—Chapter 
3 of title 3, United States Code, is repealed. 
(d) CONFORMING AMENDMENTS TO LAWS AFFECTING DISTRICT 
OF COLUMBIA.—(1) Section 1537(d) of title 31, United States Code, 
is amended—
(A) by striking ‘‘and the Executive Protective Service’’ and 
inserting ‘‘and the Secret Service Uniformed Division’’; and 
(B) by striking ‘‘their protective duties’’ and all that follows 
and inserting ‘‘their protective duties under sections 3056 and 
3056A of title 18.’’. 
(2) Section 204(e) of the State Department Basic Authorities 
Act (sec. 6–1304(e), D.C. Official Code) is amended by striking 
‘‘section 202 of title 3, United States Code, or section 3056’’ and 
inserting ‘‘sections 3056 or 3056A’’. 
(3) Section 214(a) of the State Department Basic Authorities 
Act (sec. 6–1313(a), D.C. Official Code) is amended by striking 
‘‘sections 202(8) and 208 of title 3’’ and inserting ‘‘section 3056A(a)(7) 
and (d) of title 18’’. 
(e) ADDITIONAL CONFORMING AMENDMENTS.—
(1) Title 12, United States Code, section 3414, ‘‘Special 
procedures’’, is amended by striking ‘‘3 U.S.C. 202’’ in subsection 
(a)(1)(B) and inserting ‘‘18 U.S.C. 3056A’’. 
(2) The State Department Basic Authorities Act of 1956 
is amended—
(A) in the first sentence of section 37(c) (22 U.S.C. 
2709(c)), by striking ‘‘section 202 of title 3, United States 
Code, or section 3056 of title 18, United States Code’’ 
and inserting ‘‘section 3056 or 3056A of title 18, United 
States Code’’; 
(B) in section 204(e) (22 U.S.C. 4304(e)), by striking 
‘‘section 202 of title 3, United States Code, or section 3056 
of title 18, United States Code’’ and inserting ‘‘section 3056 
or 3056A of title 18, United States Code’’; and 
(C) in section 214(a) (22 U.S.C. 4314(a)), by striking 
‘‘sections 202(7) and 208 of title 3, United States Code’’ 
and inserting ‘‘subsections (a)(7) and (d) of section 3056A 
of title 18, United States Code’’. 
(3) Section 8D(a)(1)(F) of the Inspector General Act of 1978 
(5 U.S.C. App.) is amended by striking ‘‘section 202 of title 
3’’ and inserting ‘‘section 3056A of title 18’’. 
(4) Section 8I(a)(1)(E) of the Inspector General Act of 1978 
(5 U.S.C. App.) is amended by striking ‘‘section 202 of title 
3’’ and inserting ‘‘section 3056A of title 18’’.
H. R. 3199—65
SEC. 606. SAVINGS PROVISIONS. 
(a) This title does not affect the retirement benefits of current 
employees or annuitants that existed on the day before the effective 
date of this Act. 
(b) This title does not affect any Executive order transferring 
to the Secretary of State the authority of section 208 of title 3 
(now section 3056A(d) of title 18) in effect on the day before the 
effective date of this Act. 
SEC. 607. MAINTENANCE AS DISTINCT ENTITY. 
Section 3056 of title 18 is amended by adding the following 
at the end of the section: 
‘‘(g) The United States Secret Service shall be maintained as 
a distinct entity within the Department of Homeland Security and 
shall not be merged with any other Department function. No per-
sonnel and operational elements of the United States Secret Service 
shall report to an individual other than the Director of the United 
States Secret Service, who shall report directly to the Secretary 
of Homeland Security without being required to report through 
any other official of the Department.’’. 
SEC. 608. EXEMPTIONS FROM THE FEDERAL ADVISORY COMMITTEE 
ACT. 
(a) ADVISORY COMMITTEE REGARDING PROTECTION OF MAJOR 
PRESIDENTIAL
AND
VICE
PRESIDENTIAL
CANDIDATES.—Section 
3056(a)(7) of title 18, United States Code, is amended by inserting 
‘‘The Committee shall not be subject to the Federal Advisory Com-
mittee Act (5 U.S.C. App. 2).’’ after ‘‘other members of the Com-
mittee.’’. 
(b) ELECTRONIC CRIMES TASK FORCES.—Section 105 of Public 
Law 107–56 (18 U.S.C. 3056 note) is amended by inserting ‘‘The 
electronic crimes task forces shall not be subject to the Federal 
Advisory Committee Act (5 U.S.C. App. 2).’’ after ‘‘financial payment 
systems.’’. 
TITLE 
VII—COMBAT 
METHAMPHET-
AMINE EPIDEMIC ACT OF 2005
SEC. 701. SHORT TITLE. 
This title may be cited as the ‘‘Combat Methamphetamine 
Epidemic Act of 2005’’. 
Subtitle A—Domestic Regulation of 
Precursor Chemicals 
SEC. 711. SCHEDULED LISTED CHEMICAL PRODUCTS; RESTRICTIONS 
ON SALES QUANTITY, BEHIND-THE-COUNTER ACCESS, 
AND OTHER SAFEGUARDS. 
(a) SCHEDULED LISTED CHEMICAL PRODUCTS.—
(1) IN GENERAL.—Section 102 of the Controlled Substances 
Act (21 U.S.C. 802) is amended—
(A) by redesignating paragraph (46) as paragraph (49); 
and
H. R. 3199—66
(B) by inserting after paragraph (44) the following 
paragraphs: 
‘‘(45)(A) The term ‘scheduled listed chemical product’ means, 
subject to subparagraph (B), a product that—
‘‘(i) contains ephedrine, pseudoephedrine, or phenyl-
propanolamine; and 
‘‘(ii) may be marketed or distributed lawfully in the United 
States under the Federal, Food, Drug, and Cosmetic Act as 
a nonprescription drug. 
Each reference in clause (i) to ephedrine, pseudoephedrine, or 
phenylpropanolamine includes each of the salts, optical isomers, 
and salts of optical isomers of such chemical. 
‘‘(B) Such term does not include a product described in subpara-
graph (A) if the product contains a chemical specified in such 
subparagraph that the Attorney General has under section 201(a) 
added to any of the schedules under section 202(c). In the absence 
of such scheduling by the Attorney General, a chemical specified 
in such subparagraph may not be considered to be a controlled 
substance. 
‘‘(46) The term ‘regulated seller’ means a retail distributor 
(including a pharmacy or a mobile retail vendor), except that such 
term does not include an employee or agent of such distributor. 
‘‘(47) The term ‘mobile retail vendor’ means a person or entity 
that makes sales at retail from a stand that is intended to be 
temporary, or is capable of being moved from one location to 
another, whether the stand is located within or on the premises 
of a fixed facility (such as a kiosk at a shopping center or an 
airport) or whether the stand is located on unimproved real estate 
(such as a lot or field leased for retail purposes). 
‘‘(48) The term ‘at retail’, with respect to the sale or purchase 
of a scheduled listed chemical product, means a sale or purchase 
for personal use, respectively.’’. 
(2) CONFORMING AMENDMENTS.—The Controlled Substances 
Act (21 U.S.C. 801 et seq.) is amended—
(A) in section 102, in paragraph (49) (as redesignated 
by paragraph (1)(A) of this subsection)—
(i) 
in 
subparagraph 
(A), 
by 
striking 
‘‘pseudoephedrine 
or’’ 
and 
inserting 
‘‘ephedrine, 
pseudoephedrine, or’’; and 
(ii) by striking subparagraph (B) and redesignating 
subparagraph (C) as subparagraph (B); and 
(B) in section 310(b)(3)(D)(ii), by striking ‘‘102(46)’’ and 
inserting ‘‘102(49)’’. 
(b) RESTRICTIONS ON SALES QUANTITY; BEHIND-THE-COUNTER 
ACCESS; LOGBOOK REQUIREMENT; TRAINING OF SALES PERSONNEL; 
PRIVACY PROTECTIONS.—
(1) IN GENERAL.—Section 310 of the Controlled Substances 
Act (21 U.S.C. 830) is amended by adding at the end the 
following subsections: 
‘‘(d) SCHEDULED LISTED CHEMICALS; RESTRICTIONS ON SALES 
QUANTITY; REQUIREMENTS REGARDING NONLIQUID FORMS.—With 
respect to ephedrine base, pseudoephedrine base, or phenyl-
propanolamine base in a scheduled listed chemical product—
‘‘(1) the quantity of such base sold at retail in such a 
product by a regulated seller, or a distributor required to submit 
reports by subsection (b)(3) may not, for any purchaser, exceed
H. R. 3199—67
a daily amount of 3.6 grams, without regard to the number 
of transactions; and 
‘‘(2) such a seller or distributor may not sell such a product 
in nonliquid form (including gel caps) at retail unless the 
product is packaged in blister packs, each blister containing 
not more than 2 dosage units, or where the use of blister 
packs is technically infeasible, the product is packaged in unit 
dose packets or pouches. 
‘‘(e) SCHEDULED
LISTED
CHEMICALS; BEHIND-THE-COUNTER 
ACCESS; LOGBOOK REQUIREMENT; TRAINING OF SALES PERSONNEL; 
PRIVACY PROTECTIONS.—
‘‘(1) REQUIREMENTS REGARDING RETAIL TRANSACTIONS.—
‘‘(A) IN GENERAL.—Each regulated seller shall ensure 
that, subject to subparagraph (F), sales by such seller of 
a scheduled listed chemical product at retail are made 
in accordance with the following: 
‘‘(i) In offering the product for sale, the seller places 
the product such that customers do not have direct 
access to the product before the sale is made (in this 
paragraph referred to as ‘behind-the-counter’ place-
ment). For purposes of this paragraph, a behind-the-
counter placement of a product includes circumstances 
in which the product is stored in a locked cabinet 
that is located in an area of the facility involved to 
which customers do have direct access. 
‘‘(ii) The seller delivers the product directly into 
the custody of the purchaser. 
‘‘(iii) The seller maintains, in accordance with cri-
teria issued by the Attorney General, a written or 
electronic list of such sales that identifies the products 
by name, the quantity sold, the names and addresses 
of purchasers, and the dates and times of the sales 
(which list is referred to in this subsection as the 
‘logbook’), except that such requirement does not apply 
to any purchase by an individual of a single sales 
package if that package contains not more than 60 
milligrams of pseudoephedrine. 
‘‘(iv) In the case of a sale to which the requirement 
of clause (iii) applies, the seller does not sell such 
a product unless—
‘‘(I) the prospective purchaser—
‘‘(aa) presents an identification card that 
provides a photograph and is issued by a State 
or the Federal Government, or a document 
that, with respect to identification, is consid-
ered acceptable for purposes of sections 
274a.2(b)(1)(v)(A) and 274a.2(b)(1)(v)(B) of title 
8, Code of Federal Regulations (as in effect 
on or after the date of the enactment of the 
Combat Methamphetamine Epidemic Act of 
2005); and 
‘‘(bb) signs the logbook and enters in the 
logbook his or her name, address, and the 
date and time of the sale; and 
‘‘(II) the seller—
H. R. 3199—68
‘‘(aa) determines that the name entered 
in the logbook corresponds to the name pro-
vided on such identification and that the date 
and time entered are correct; and 
‘‘(bb) enters in the logbook the name of 
the product and the quantity sold. 
‘‘(v) The logbook includes, in accordance with cri-
teria of the Attorney General, a notice to purchasers 
that entering false statements or misrepresentations 
in the logbook may subject the purchasers to criminal 
penalties under section 1001 of title 18, United States 
Code, which notice specifies the maximum fine and 
term of imprisonment under such section. 
‘‘(vi) The seller maintains each entry in the logbook 
for not fewer than two years after the date on which 
the entry is made. 
‘‘(vii) In the case of individuals who are responsible 
for delivering such products into the custody of pur-
chasers or who deal directly with purchasers by 
obtaining payments for the products, the seller has 
submitted to the Attorney General a self-certification 
that all such individuals have, in accordance with cri-
teria under subparagraph (B)(ii), undergone training 
provided by the seller to ensure that the individuals 
understand the requirements that apply under this 
subsection and subsection (d). 
‘‘(viii) The seller maintains a copy of such certifi-
cation and records demonstrating that individuals 
referred to in clause (vii) have undergone the training. 
‘‘(ix) If the seller is a mobile retail vendor: 
‘‘(I) The seller complies with clause (i) by 
placing the product in a locked cabinet. 
‘‘(II) The seller does not sell more than 7.5 
grams of ephedrine base, pseudoephedrine base, 
or phenylpropanolamine base in such products per 
customer during a 30-day period. 
‘‘(B) ADDITIONAL
PROVISIONS
REGARDING
CERTIFI-
CATIONS AND TRAINING.—
‘‘(i) IN GENERAL.—A regulated seller may not sell 
any scheduled listed chemical product at retail unless 
the seller has submitted to the Attorney General the 
self-certification referred to in subparagraph (A)(vii). 
The certification is not effective for purposes of the 
preceding sentence unless, in addition to provisions 
regarding the training of individuals referred to in 
such subparagraph, the certification includes a state-
ment that the seller understands each of the require-
ments that apply under this paragraph and under 
subsection (d) and agrees to comply with the require-
ments. 
‘‘(ii) ISSUANCE OF CRITERIA; SELF-CERTIFICATION.—
The Attorney General shall by regulation establish 
criteria for certifications under this paragraph. The 
criteria shall—
‘‘(I) provide that the certifications are self-cer-
tifications provided through the program under 
clause (iii);
H. R. 3199—69
‘‘(II) provide that a separate certification is 
required for each place of business at which a 
regulated seller sells scheduled listed chemical 
products at retail; and 
‘‘(III) include criteria for training under 
subparagraph (A)(vii). 
‘‘(iii) PROGRAM
FOR
REGULATED
SELLERS.—The 
Attorney General shall establish a program regarding 
such certifications and training in accordance with the 
following: 
‘‘(I) The program shall be carried out through 
an Internet site of the Department of Justice and 
such other means as the Attorney General deter-
mines to be appropriate. 
‘‘(II) The program shall inform regulated 
sellers that section 1001 of title 18, United States 
Code, applies to such certifications. 
‘‘(III) The program shall make available to 
such sellers an explanation of the criteria under 
clause (ii). 
‘‘(IV) The program shall be designed to permit 
the submission of the certifications through such 
Internet site. 
‘‘(V) The program shall be designed to auto-
matically provide the explanation referred to in 
subclause (III), and an acknowledgement that the 
Department has received a certification, without 
requiring direct interactions of regulated sellers 
with staff of the Department (other than the provi-
sion of technical assistance, as appropriate). 
‘‘(iv) AVAILABILITY OF CERTIFICATION TO STATE AND 
LOCAL OFFICIALS.—Promptly after receiving a certifi-
cation under subparagraph (A)(vii), the Attorney Gen-
eral shall make available a copy of the certification 
to the appropriate State and local officials. 
‘‘(C) PRIVACY PROTECTIONS.—In order to protect the 
privacy of individuals who purchase scheduled listed chem-
ical products, the Attorney General shall by regulation 
establish restrictions on disclosure of information in 
logbooks under subparagraph (A)(iii). Such regulations 
shall—
‘‘(i) provide for the disclosure of the information 
as appropriate to the Attorney General and to State 
and local law enforcement agencies; and 
‘‘(ii) prohibit accessing, using, or sharing informa-
tion in the logbooks for any purpose other than to 
ensure compliance with this title or to facilitate a 
product recall to protect public health and safety. 
‘‘(D) FALSE STATEMENTS OR MISREPRESENTATIONS BY 
PURCHASERS.—For purposes of section 1001 of title 18, 
United States Code, entering information in the logbook 
under subparagraph (A)(iii) shall be considered a matter 
within the jurisdiction of the executive, legislative, or 
judicial branch of the Government of the United States. 
‘‘(E) GOOD FAITH PROTECTION.—A regulated seller who 
in good faith releases information in a logbook under
H. R. 3199—70
subparagraph (A)(iii) to Federal, State, or local law enforce-
ment authorities is immune from civil liability for such 
release unless the release constitutes gross negligence or 
intentional, wanton, or willful misconduct. 
‘‘(F) INAPPLICABILITY
OF
REQUIREMENTS
TO
CERTAIN 
SALES.—Subparagraph (A) does not apply to the sale at 
retail of a scheduled listed chemical product if a report 
on the sales transaction is required to be submitted to 
the Attorney General under subsection (b)(3). 
‘‘(G) CERTAIN MEASURES REGARDING THEFT AND DIVER-
SION.—A regulated seller may take reasonable measures 
to guard against employing individuals who may present 
a risk with respect to the theft and diversion of scheduled 
listed chemical products, which may include, notwith-
standing State law, asking applicants for employment 
whether they have been convicted of any crime involving 
or related to such products or controlled substances.’’. 
(2) EFFECTIVE DATES.—With respect to subsections (d) and 
(e)(1) of section 310 of the Controlled Substances Act, as added 
by paragraph (1) of this subsection: 
(A) Such subsection (d) applies on and after the expira-
tion of the 30-day period beginning on the date of the 
enactment of this Act. 
(B) Such subsection (e)(1) applies on and after Sep-
tember 30, 2006. 
(c) MAIL-ORDER REPORTING.—
(1) IN
GENERAL.—Section 310(e) of the Controlled Sub-
stances Act, as added by subsection (b)(1) of this section, is 
amended by adding at the end the following: 
‘‘(2) MAIL-ORDER REPORTING; VERIFICATION OF IDENTITY OF 
PURCHASER; 30-DAY RESTRICTION ON QUANTITIES FOR INDIVIDUAL 
PURCHASERS.—Each regulated person who makes a sale at 
retail of a scheduled listed chemical product and is required 
under subsection (b)(3) to submit a report of the sales trans-
action to the Attorney General is subject to the following: 
‘‘(A) The person shall, prior to shipping the product, 
confirm the identity of the purchaser in accordance with 
procedures established by the Attorney General. The 
Attorney General shall by regulation establish such proce-
dures. 
‘‘(B) The person may not sell more than 7.5 grams 
of ephedrine base, pseudoephedrine base, or phenyl-
propanolamine base in such products per customer during 
a 30-day period.’’. 
(2) INAPPLICABILITY OF REPORTING EXEMPTION FOR RETAIL 
DISTRIBUTORS.—Section 310(b)(3)(D)(ii) of the Controlled Sub-
stances Act (21 U.S.C. 830(b)(3)(D)(ii)) is amended by inserting 
before the period the following: ‘‘, except that this clause does 
not apply to sales of scheduled listed chemical products at 
retail’’. 
(3) EFFECTIVE
DATE.—The amendments made by para-
graphs (1) and (2) apply on and after the expiration of the 
30-day period beginning on the date of the enactment of this 
Act. 
(d) EXEMPTIONS FOR CERTAIN PRODUCTS.—Section 310(e) of the 
Controlled Substances Act, as added and amended by subsections
H. R. 3199—71
(b) and (c) of this section, respectively, is amended by adding 
at the end the following paragraph: 
‘‘(3) EXEMPTIONS
FOR
CERTAIN
PRODUCTS.—Upon the 
application of a manufacturer of a scheduled listed chemical 
product, the Attorney General may by regulation provide that 
the product is exempt from the provisions of subsection (d) 
and paragraphs (1) and (2) of this subsection if the Attorney 
General determines that the product cannot be used in the 
illicit manufacture of methamphetamine.’’. 
(e) RESTRICTIONS
ON QUANTITY PURCHASED DURING 30-DAY 
PERIOD.—
(1) IN
GENERAL.—Section 404(a) of the Controlled Sub-
stances Act (21 U.S.C. 844(a)) is amended by inserting after 
the second sentence the following: ‘‘It shall be unlawful for 
any person to knowingly or intentionally purchase at retail 
during a 30 day period more than 9 grams of ephedrine base, 
pseudoephedrine base, or phenylpropanolamine base in a sched-
uled listed chemical product, except that, of such 9 grams, 
not more than 7.5 grams may be imported by means of shipping 
through any private or commercial carrier or the Postal 
Service.’’. 
(2) EFFECTIVE DATE.—The amendment made by paragraph 
(1) applies on and after the expiration of the 30-day period 
beginning on the date of the enactment of this Act. 
(f) ENFORCEMENT OF REQUIREMENTS FOR RETAIL SALES.—
(1) CIVIL AND CRIMINAL PENALTIES.—
(A) IN GENERAL.—Section 402(a) of the Controlled Sub-
stances Act (21 U.S.C. 842(a)) is amended—
(i) in paragraph (10), by striking ‘‘or’’ after the 
semicolon; 
(ii) in paragraph (11), by striking the period at 
the end and inserting a semicolon; and 
(iii) by inserting after paragraph (11) the following 
paragraphs: 
‘‘(12) who is a regulated seller, or a distributor required 
to submit reports under subsection (b)(3) of section 310—
‘‘(A) to sell at retail a scheduled listed chemical product 
in violation of paragraph (1) of subsection (d) of such sec-
tion, knowing at the time of the transaction involved (inde-
pendent of consulting the logbook under subsection 
(e)(1)(A)(iii) of such section) that the transaction is a viola-
tion; or 
‘‘(B) to knowingly or recklessly sell at retail such a 
product in violation of paragraph (2) of such subsection 
(d); 
‘‘(13) who is a regulated seller to knowingly or recklessly 
sell at retail a scheduled listed chemical product in violation 
of subsection (e) of such section; or 
‘‘(14) who is a regulated seller or an employee or agent 
of such seller to disclose, in violation of regulations under 
subparagraph (C) of section 310(e)(1), information in logbooks 
under subparagraph (A)(iii) of such section, or to refuse to 
provide such a logbook to Federal, State, or local law enforce-
ment authorities.’’. 
(B) CONFORMING AMENDMENT.—Section 401(f)(1) of the 
Controlled Substances Act (21 U.S.C. 841(f)(1)) is amended 
by inserting after ‘‘shall’’ the following: ‘‘, except to the
H. R. 3199—72
extent that paragraph (12), (13), or (14) of section 402(a) 
applies,’’. 
(2) AUTHORITY TO PROHIBIT SALES BY VIOLATORS.—Section 
402(c) of the Controlled Substances Act (21 U.S.C. 842(c)) is 
amended by adding at the end the following paragraph: 
‘‘(4)(A) If a regulated seller, or a distributor required to submit 
reports under section 310(b)(3), violates paragraph (12) of subsection 
(a) of this section, or if a regulated seller violates paragraph (13) 
of such subsection, the Attorney General may by order prohibit 
such seller or distributor (as the case may be) from selling any 
scheduled listed chemical product. Any sale of such a product in 
violation of such an order is subject to the same penalties as 
apply under paragraph (2). 
‘‘(B) An order under subparagraph (A) may be imposed only 
through the same procedures as apply under section 304(c) for 
an order to show cause.’’. 
(g) PRESERVATION OF STATE AUTHORITY TO REGULATE SCHED-
ULED LISTED CHEMICALS.—This section and the amendments made 
by this section may not be construed as having any legal effect 
on section 708 of the Controlled Substances Act as applied to 
the regulation of scheduled listed chemicals (as defined in section 
102(45) of such Act). 
SEC. 712. REGULATED TRANSACTIONS. 
(a) CONFORMING AMENDMENTS REGARDING SCHEDULED LISTED 
CHEMICALS.—The Controlled Substances Act (21 U.S.C. 801 et seq.) 
is amended—
(1) in section 102—
(A) in paragraph (39)(A)—
(i) by amending clause (iv) to read as follows: 
‘‘(iv) any transaction in a listed chemical that is con-
tained in a drug that may be marketed or distributed 
lawfully in the United States under the Federal Food, 
Drug, and Cosmetic Act, subject to clause (v), unless—
‘‘(I) the Attorney General has determined under 
section 204 that the drug or group of drugs is being 
diverted to obtain the listed chemical for use in the 
illicit production of a controlled substance; and 
‘‘(II) the quantity of the listed chemical contained 
in the drug included in the transaction or multiple 
transactions equals or exceeds the threshold estab-
lished for that chemical by the Attorney General;’’; 
(ii) by redesignating clause (v) as clause (vi); and 
(iii) by inserting after clause (iv) the following 
clause: 
‘‘(v) any transaction in a scheduled listed chemical 
product that is a sale at retail by a regulated seller or 
a distributor required to submit reports under section 
310(b)(3); or’’; and 
(B) by striking the paragraph (45) that relates to the 
term 
‘‘ordinary 
over-the-counter 
pseudoephedrine 
or 
phenylpropanolamine product’’; 
(2) in section 204, by striking subsection (e); and 
(3) in section 303(h), in the second sentence, by striking 
‘‘section 102(39)(A)(iv)’’ and inserting ‘‘clause (iv) or (v) of section 
102(39)(A)’’.
H. R. 3199—73
(b) PUBLIC LAW 104–237.—Section 401 of the Comprehensive 
Methamphetamine Control Act of 1996 (21 U.S.C. 802 note) (Public 
Law 104–237) is amended by striking subsections (d), (e), and 
(f). 
SEC. 713. AUTHORITY TO ESTABLISH PRODUCTION QUOTAS. 
Section 306 of the Controlled Substances Act (21 U.S.C. 826) 
is amended—
(1) in subsection (a), by inserting ‘‘and for ephedrine, 
pseudoephedrine, and phenylpropanolamine’’ after ‘‘for each 
basic class of controlled substance in schedules I and II’’; 
(2) in subsection (b), by inserting ‘‘or for ephedrine, 
pseudoephedrine, or phenylpropanolamine’’ after ‘‘for each basic 
class of controlled substance in schedule I or II’’; 
(3) in subsection (c), in the first sentence, by inserting 
‘‘and for ephedrine, pseudoephedrine, and phenylpropanola-
mine’’ after ‘‘for the basic classes of controlled substances in 
schedules I and II’’; 
(4) 
in 
subsection 
(d), 
by 
inserting 
‘‘or 
ephedrine, 
pseudoephedrine, or phenylpropanolamine’’ after ‘‘that basic 
class of controlled substance’’; 
(5) in subsection (e), by inserting ‘‘or for ephedrine, 
pseudoephedrine, or phenylpropanolamine’’ after ‘‘for a basic 
class of controlled substance in schedule I or II’’; 
(6) in subsection (f)—
(A) by inserting ‘‘or ephedrine, pseudoephedrine, or 
phenylpropanolamine’’ after ‘‘controlled substances in 
schedules I and II’’; 
(B) by inserting ‘‘or of ephedrine, pseudoephedrine, 
or phenylpropanolamine’’ after ‘‘the manufacture of a con-
trolled substance’’; and 
(C) by inserting ‘‘or chemicals’’ after ‘‘such incidentally 
produced substances’’; and 
(7) by adding at the end the following subsection: 
‘‘(g) 
Each 
reference 
in 
this 
section 
to 
ephedrine, 
pseudoephedrine, or phenylpropanolamine includes each of the 
salts, optical isomers, and salts of optical isomers of such chemical.’’. 
SEC. 714. PENALTIES; AUTHORITY FOR MANUFACTURING; QUOTA. 
Section 402(b) of the Controlled Substances Act (21 U.S.C. 
842(b)) is amended by inserting after ‘‘manufacture a controlled 
substance in schedule I or II’’ the following: ‘‘, or ephedrine, 
pseudoephedrine, or phenylpropanolamine or any of the salts, 
optical isomers, or salts of optical isomers of such chemical,’’. 
SEC. 715. RESTRICTIONS ON IMPORTATION; AUTHORITY TO PERMIT 
IMPORTS FOR MEDICAL, SCIENTIFIC, OR OTHER LEGITI-
MATE PURPOSES. 
Section 1002 of the Controlled Substances Import and Export 
Act (21 U.S.C. 952) is amended—
(1) in subsection (a)—
(A) in the matter preceding paragraph (1), by inserting 
‘‘or ephedrine, pseudoephedrine, or phenylpropanolamine,’’ 
after ‘‘schedule III, IV, or V of title II,’’; and 
(B) in paragraph (1), by inserting ‘‘, and of ephedrine, 
pseudoephedrine, and phenylpropanolamine, ’’ after ‘‘coca 
leaves’’; and 
(2) by adding at the end the following subsections:
H. R. 3199—74
‘‘(d)(1) With respect to a registrant under section 1008 who 
is authorized under subsection (a)(1) to import ephedrine, 
pseudoephedrine, or phenylpropanolamine, at any time during the 
year the registrant may apply for an increase in the amount of 
such chemical that the registrant is authorized to import, and 
the Attorney General may approve the application if the Attorney 
General determines that the approval is necessary to provide for 
medical, scientific, or other legitimate purposes regarding the chem-
ical. 
‘‘(2) With respect to the application under paragraph (1): 
‘‘(A) Not later than 60 days after receiving the application, 
the Attorney General shall approve or deny the application. 
‘‘(B) In approving the application, the Attorney General 
shall specify the period of time for which the approval is in 
effect, or shall provide that the approval is effective until the 
registrant involved is notified in writing by the Attorney Gen-
eral that the approval is terminated. 
‘‘(C) If the Attorney General does not approve or deny 
the application before the expiration of the 60-day period under 
subparagraph (A), the application is deemed to be approved, 
and such approval remains in effect until the Attorney General 
notifies the registrant in writing that the approval is termi-
nated. 
‘‘(e) 
Each 
reference 
in 
this 
section 
to 
ephedrine, 
pseudoephedrine, or phenylpropanolamine includes each of the 
salts, optical isomers, and salts of optical isomers of such chemical.’’. 
SEC. 716. NOTICE OF IMPORTATION OR EXPORTATION; APPROVAL OF 
SALE OR TRANSFER BY IMPORTER OR EXPORTER. 
(a) IN GENERAL.—Section 1018 of the Controlled Substances 
Import and Export Act (21 U.S.C. 971) is amended—
(1) in subsection (b)(1), in the first sentence, by striking 
‘‘or to an importation by a regular importer’’ and inserting 
‘‘or to a transaction that is an importation by a regular 
importer’’; 
(2) by redesignating subsections (d) and (e) as subsections 
(e) and (f), respectively; 
(3) by inserting after subsection (c) the following subsection: 
‘‘(d)(1)(A) Information provided in a notice under subsection 
(a) or (b) shall include the name of the person to whom the importer 
or exporter involved intends to transfer the listed chemical involved, 
and the quantity of such chemical to be transferred. 
‘‘(B) In the case of a notice under subsection (b) submitted 
by a regular importer, if the transferee identified in the notice 
is not a regular customer, such importer may not transfer the 
listed chemical until after the expiration of the 15-day period begin-
ning on the date on which the notice is submitted to the Attorney 
General. 
‘‘(C) After a notice under subsection (a) or (b) is submitted 
to the Attorney General, if circumstances change and the importer 
or exporter will not be transferring the listed chemical to the 
transferee identified in the notice, or will be transferring a greater 
quantity of the chemical than specified in the notice, the importer 
or exporter shall update the notice to identify the most recent 
prospective transferee or the most recent quantity or both (as 
the case may be) and may not transfer the listed chemical until 
after the expiration of the 15-day period beginning on the date
H. R. 3199—75
on which the update is submitted to the Attorney General, except 
that such 15-day restriction does not apply if the prospective trans-
feree identified in the update is a regular customer. The preceding 
sentence applies with respect to changing circumstances regarding 
a transferee or quantity identified in an update to the same extent 
and in the same manner as such sentence applies with respect 
to changing circumstances regarding a transferee or quantity identi-
fied in the original notice under subsection (a) or (b). 
‘‘(D) In the case of a transfer of a listed chemical that is 
subject to a 15-day restriction under subparagraph (B) or (C), the 
transferee involved shall, upon the expiration of the 15-day period, 
be considered to qualify as a regular customer, unless the Attorney 
General otherwise notifies the importer or exporter involved in 
writing. 
‘‘(2) With respect to a transfer of a listed chemical with which 
a notice or update referred to in paragraph (1) is concerned: 
‘‘(A) The Attorney General, in accordance with the same 
procedures as apply under subsection (c)(2)—
‘‘(i) may order the suspension of the transfer of the 
listed chemical by the importer or exporter involved, except 
for a transfer to a regular customer, on the ground that 
the chemical may be diverted to the clandestine manufac-
ture of a controlled substance (without regard to the form 
of the chemical that may be diverted, including the diver-
sion of a finished drug product to be manufactured from 
bulk chemicals to be transferred), subject to the Attorney 
General ordering such suspension before the expiration 
of the 15-day period referred to in paragraph (1) with 
respect to the importation or exportation (in any case in 
which such a period applies); and 
‘‘(ii) may, for purposes of clause (i) and paragraph 
(1), disqualify a regular customer on such ground. 
‘‘(B) From and after the time when the Attorney General 
provides written notice of the order under subparagraph (A) 
(including a statement of the legal and factual basis for the 
order) to the importer or exporter, the importer or exporter 
may not carry out the transfer. 
‘‘(3) For purposes of this subsection: 
‘‘(A) The terms ‘importer’ and ‘exporter’ mean a regulated 
person who imports or exports a listed chemical, respectively. 
‘‘(B) The term ‘transfer’, with respect to a listed chemical, 
includes the sale of the chemical. 
‘‘(C) The term ‘transferee’ means a person to whom an 
importer or exporter transfers a listed chemical.’’; and 
(4) by adding at the end the following subsection: 
‘‘(g) Within 30 days after a transaction covered by this section 
is completed, the importer or exporter shall send the Attorney 
General a return declaration containing particulars of the trans-
action, including the date, quantity, chemical, container, name of 
transferees, and such other information as the Attorney General 
may specify in regulations. For importers, a single return declara-
tion may include the particulars of both the importation and dis-
tribution. If the importer has not distributed all chemicals imported 
by the end of the initial 30-day period, the importer shall file 
supplemental return declarations no later than 30 days from the 
date of any further distribution, until the distribution or other
H. R. 3199—76
disposition of all chemicals imported pursuant to the import notifica-
tion or any update are accounted for.’’. 
(b) CONFORMING AMENDMENTS.—
(1) CONTROLLED SUBSTANCES IMPORT AND EXPORT ACT.—
The Controlled Substances Import and Export Act (21 U.S.C. 
951 et seq.) is amended—
(A) in section 1010(d)(5), by striking ‘‘section 1018(e)(2) 
or (3)’’ and inserting ‘‘paragraph (2) or (3) of section 
1018(f)’’; and 
(B) in section 1018(c)(1), in the first sentence, by 
inserting before the period the following: ‘‘(without regard 
to the form of the chemical that may be diverted, including 
the diversion of a finished drug product to be manufactured 
from bulk chemicals to be transferred)’’. 
(2) CONTROLLED SUBSTANCES ACT.—Section 310(b)(3)(D)(v) 
of the Controlled Substances Act (21 U.S.C. 830(b)(3)(D)(v)) 
is amended by striking ‘‘section 1018(e)(2)’’ and inserting ‘‘sec-
tion 1018(f)(2)’’. 
SEC. 717. ENFORCEMENT OF RESTRICTIONS ON IMPORTATION AND 
OF REQUIREMENT OF NOTICE OF TRANSFER. 
Section 1010(d)(6) of the Controlled Substances Import and 
Export Act (21 U.S.C. 960(d)(6)) is amended to read as follows: 
‘‘(6) imports a listed chemical in violation of section 1002, 
imports or exports such a chemical in violation of section 1007 
or 1018, or transfers such a chemical in violation of section 
1018(d); or’’. 
SEC. 718. COORDINATION WITH UNITED STATES TRADE REPRESENTA-
TIVE. 
In implementing sections 713 through 717 and section 721 
of this title, the Attorney General shall consult with the United 
States Trade Representative to ensure implementation complies 
with all applicable international treaties and obligations of the 
United States. 
Subtitle B—International Regulation of 
Precursor Chemicals 
SEC. 721. INFORMATION ON FOREIGN CHAIN OF DISTRIBUTION; 
IMPORT 
RESTRICTIONS 
REGARDING 
FAILURE 
OF 
DISTRIBUTORS TO COOPERATE. 
Section 1018 of the Controlled Substances Import and Export 
Act (21 U.S.C. 971), as amended by section 716(a)(4) of this title, 
is further amended by adding at the end the following subsection: 
‘‘(h)(1) With respect to a regulated person importing ephedrine, 
pseudoephedrine, or phenylpropanolamine (referred to in this sec-
tion as an ‘importer’), a notice of importation under subsection 
(a) or (b) shall include all information known to the importer 
on the chain of distribution of such chemical from the manufacturer 
to the importer. 
‘‘(2) For the purpose of preventing or responding to the diversion 
of ephedrine, pseudoephedrine, or phenylpropanolamine for use in 
the illicit production of methamphetamine, the Attorney General 
may, in the case of any person who is a manufacturer or distributor 
of such chemical in the chain of distribution referred to in paragraph
H. R. 3199—77
(1) (which person is referred to in this subsection as a ‘foreign-
chain distributor’), request that such distributor provide to the 
Attorney General information known to the distributor on the dis-
tribution of the chemical, including sales. 
‘‘(3) If the Attorney General determines that a foreign-chain 
distributor is refusing to cooperate with the Attorney General in 
obtaining the information referred to in paragraph (2), the Attorney 
General may, in accordance with procedures that apply under sub-
section (c), issue an order prohibiting the importation of ephedrine, 
pseudoephedrine, or phenylpropanolamine in any case in which 
such distributor is part of the chain of distribution for such chem-
ical. Not later than 60 days prior to issuing the order, the Attorney 
General shall publish in the Federal Register a notice of intent 
to issue the order. During such 60-day period, imports of the chem-
ical with respect to such distributor may not be restricted under 
this paragraph.’’. 
SEC. 722. REQUIREMENTS RELATING TO THE LARGEST EXPORTING 
AND IMPORTING COUNTRIES OF CERTAIN PRECURSOR 
CHEMICALS. 
(a) REPORTING REQUIREMENTS.—Section 489(a) of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2291h(a)) is amended by adding 
at the end the following new paragraph: 
‘‘(8)(A) A separate section that contains the following: 
‘‘(i) An identification of the five countries that exported 
the largest amount of pseudoephedrine, ephedrine, and 
phenylpropanolamine (including the salts, optical isomers, 
or salts of optical isomers of such chemicals, and also 
including any products or substances containing such 
chemicals) during the preceding calendar year. 
‘‘(ii) An identification of the five countries that 
imported the largest amount of the chemicals described 
in clause (i) during the preceding calendar year and have 
the highest rate of diversion of such chemicals for use 
in the illicit production of methamphetamine (either in 
that country or in another country). 
‘‘(iii) An economic analysis of the total worldwide 
production of the chemicals described in clause (i) as com-
pared to the legitimate demand for such chemicals world-
wide. 
‘‘(B) The identification of countries that imported the 
largest amount of chemicals under subparagraph (A)(ii) shall 
be based on the following: 
‘‘(i) An economic analysis that estimates the legitimate 
demand for such chemicals in such countries as compared 
to the actual or estimated amount of such chemicals that 
is imported into such countries. 
‘‘(ii) The best available data and other information 
regarding the production of methamphetamine in such 
countries and the diversion of such chemicals for use in 
the production of methamphetamine.’’. 
(b) ANNUAL CERTIFICATION PROCEDURES.—Section 490(a) of the 
Foreign Assistance Act of 1961 (22 U.S.C. 2291j(a)) is amended—
(1) in paragraph (1), by striking ‘‘major illicit drug pro-
ducing country or major drug-transit country’’ and inserting 
‘‘major illicit drug producing country, major drug-transit