[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3199 Enrolled Bill (ENR)]
H.R.3199
One Hundred Ninth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the third day of January, two thousand and six
An Act
To extend and modify authorities needed to combat terrorism, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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

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TITLE I

-USA PATRIOT IMPROVEMENT AND REAUTHORIZATION ACT

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a99251cdb19edbc547fd382d2073067b7f3844d3d7c084a3ee897b330094e6c7

under section 207 of the USA PATRIOT Act.

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USA PATRIOT Act.
Sec. 106A. Audit on access to certain business records for foreign
intelligence purposes.

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donation of fire equipment to volunteer fire companies.

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additional information in connection with orders for pen
register and trap and trace authority under FISA.

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Subtitle A--Terrorist penalties enhancement Act

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TITLE II

-TERRORIST DEATH PENALTY ENHANCEMENT

occurring before enactment of the Federal Death Penalty Act of
1994.

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Subtitle B--Federal Death Penalty Procedures

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boarding, or providing false information.

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TITLE III

-REDUCING CRIME AND TERRORISM AT AMERICA'S SEAPORTS

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countries or international organizations.

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TITLE IV

-COMBATING TERRORISM FINANCING

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TITLE V

-MISCELLANEOUS PROVISIONS

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TITLE VI

-SECRET SERVICE

Subtitle A--Domestic regulation of precursor chemicals

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TITLE VII

-COMBAT METHAMPHETAMINE EPIDEMIC ACT OF 2005

quantity, behind-the-counter access, and other safeguards.

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medical, scientific, or other legitimate purposes.

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Subtitle B--International regulation of precursor chemicals

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restrictions regarding failure of distributors to cooperate.

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countries of certain precursor chemicals.

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States from Mexico.
Subtitle C--Enhanced criminal penalties for methamphetamine production
and trafficking

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chemicals into the United States while using facilitated entry
programs.

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Subtitle D--Enhanced environmental regulation of methamphetamine
byproducts

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products of methamphetamine laboratories as hazardous
materials.

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Subtitle E--Additional programs and activities

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methamphetamine use by pregnant and parenting women offenders.

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PATRIOT ACT.
(a) References to USA PATRIOT Act.--A reference in this Act to the
USA PATRIOT Act shall be deemed a reference to the Uniting and
Strengthening America by Providing Appropriate Tools Required to
Intercept and Obstruct Terrorism Act (USA PATRIOT Act) of 2001.
(b) Modification of Short Title of USA PATRIOT Act.--Section 1(a)
of the USA PATRIOT Act is amended to read as follows:
``(a) Short Title.--This Act may be cited as the `Uniting and
Strengthening America by Providing Appropriate Tools Required to
Intercept and Obstruct Terrorism Act of 2001' or the `USA PATRIOT
Act'.''.

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(a) In General.--Section 224 of the USA PATRIOT Act is repealed.
(b) Sections 206 and 215 Sunset.--
(1) In general.--Effective December 31, 2009, the Foreign
Intelligence Surveillance Act of 1978 is amended so that sections
501, 502, and 105(c)(2) read as they read on October 25, 2001.
(2) Exception.--With respect to any particular foreign
intelligence investigation that began before the date on which the
provisions referred to in paragraph (1) cease to have effect, or
with respect to any particular offense or potential offense that
began or occurred before the date on which such provisions cease to
have effect, such provisions shall continue in effect.

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AGENTS OF FOREIGN POWERS.
Section 6001(b) of the Intelligence Reform and Terrorism Prevention
Act of 2004 (Public Law 108-458; 118 Stat. 3742) is amended to read as
follows:
``(b) Sunset.--
``(1) In general.--Except as provided in paragraph (2), the
amendment made by subsection (a) shall cease to have effect on
December 31, 2009.
``(2) Exception.--With respect to any particular foreign
intelligence investigation that began before the date on which the
provisions referred to in paragraph (1) cease to have effect, or
with respect to any particular offense or potential offense that
began or occurred before the date on which the provisions cease to
have effect, such provisions shall continue in effect.''.

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UNITED STATES CODE.
Section 6603 of the Intelligence Reform and Terrorism Prevention
Act of 2004 (Public Law 108-458; 118 Stat. 3762) is amended by striking
subsection (g).

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UNDER SECTION 207 OF THE USA PATRIOT ACT.
(a) Electronic Surveillance.--Section 105(e) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1805(e)) is amended--
(1) in paragraph (1)(B), by striking ``, as defined in section
101(b)(1)(A)'' and inserting ``who is not a United States person'';
and
(2) in subsection (2)(B), by striking ``as defined in section
101(b)(1)(A)'' and inserting ``who is not a United States person''.
(b) Physical Search.--Section 304(d) of such Act (50 U.S.C.
1824(d)) is amended--
(1) in paragraph (1)(B), by striking ``as defined in section
101(b)(1)(A)'' and inserting ``who is not a United States person'';
and
(2) in paragraph (2), by striking ``as defined in section
101(b)(1)(A)'' and inserting ``who is not a United States person''.
(c) Pen Registers, Trap and Trace Devices.--Section 402(e) of such
Act (50 U.S.C. 1842(e)) is amended--
(1) by striking ``(e) An'' and inserting ``(e)(1) Except as
provided in paragraph (2), an''; and
(2) by adding at the end the following new paragraph:
``(2) In the case of an application under subsection (c) where the
applicant has certified that the information likely to be obtained is
foreign intelligence information not concerning a United States person,
an order, or an extension of an order, under this section may be for a
period not to exceed one year.''.

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USA PATRIOT ACT.
(a) Director Approval for Certain Applications.--Subsection (a) of
section 501 of the Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. 1861(a)) is amended--
(1) in paragraph (1), by striking ``The Director'' and
inserting ``Subject to paragraph (3), the Director''; and
(2) by adding at the end the following:
``(3) In the case of an application for an order requiring the
production of library circulation records, library patron lists,
book sales records, book customer lists, firearms sales records,
tax return records, educational records, or medical records
containing information that would identify a person, the Director
of the Federal Bureau of Investigation may delegate the authority
to make such application to either the Deputy Director of the
Federal Bureau of Investigation or the Executive Assistant Director
for National Security (or any successor position). The Deputy
Director or the Executive Assistant Director may not further
delegate such authority.''.
(b) Factual Basis for Requested Order.--Subsection (b)(2) of such
section is amended to read as follows:
``(2) shall include--
``(A) a statement of facts showing that there are
reasonable grounds to believe that the tangible things sought
are relevant to an authorized investigation (other than a
threat assessment) conducted in accordance with subsection
(a)(2) to obtain foreign intelligence information not
concerning a United States person or to protect against
international terrorism or clandestine intelligence activities,
such things being presumptively relevant to an authorized
investigation if the applicant shows in the statement of the
facts that they pertain to--
``(i) a foreign power or an agent of a foreign power;
``(ii) the activities of a suspected agent of a foreign
power who is the subject of such authorized investigation;
or
``(iii) an individual in contact with, or known to, a
suspected agent of a foreign power who is the subject of
such authorized investigation; and
``(B) an enumeration of the minimization procedures adopted
by the Attorney General under subsection (g) that are
applicable to the retention and dissemination by the Federal
Bureau of Investigation of any tangible things to be made
available to the Federal Bureau of Investigation based on the
order requested in such application.''.
(c) Clarification of Judicial Discretion.--Subsection (c)(1) of
such section is amended to read as follows:
``(c)(1) Upon an application made pursuant to this section, if the
judge finds that the application meets the requirements of subsections
(a) and (b), the judge shall enter an ex parte order as requested, or
as modified, approving the release of tangible things. Such order shall
direct that minimization procedures adopted pursuant to subsection (g)
be followed.''.
(d) Additional Protections.--Subsection (c)(2) of such section is
amended to read as follows:
``(2) An order under this subsection--
``(A) shall describe the tangible things that are ordered
to be produced with sufficient particularity to permit them to
be fairly identified;
``(B) shall include the date on which the tangible things
must be provided, which shall allow a reasonable period of time
within which the tangible things can be assembled and made
available;
``(C) shall provide clear and conspicuous notice of the
principles and procedures described in subsection (d);
``(D) may only require the production of a tangible thing
if such thing can be obtained with a subpoena duces tecum
issued by a court of the United States in aid of a grand jury
investigation or with any other order issued by a court of the
United States directing the production of records or tangible
things; and
``(E) shall not disclose that such order is issued for
purposes of an investigation described in subsection (a).''.
(e) Prohibition on Disclosure.--Subsection (d) of such section is
amended to read as follows:
``(d)(1) No person shall disclose to any other person that the
Federal Bureau of Investigation has sought or obtained tangible things
pursuant to an order under this section, other than to--
``(A) those persons to whom disclosure is necessary to comply
with such order;
``(B) an attorney to obtain legal advice or assistance with
respect to the production of things in response to the order; or
``(C) other persons as permitted by the Director of the Federal
Bureau of Investigation or the designee of the Director.
``(2)(A) A person to whom disclosure is made pursuant to paragraph
(1) shall be subject to the nondisclosure requirements applicable to a
person to whom an order is directed under this section in the same
manner as such person.
``(B) Any person who discloses to a person described in
subparagraph (A), (B), or (C) of paragraph (1) that the Federal Bureau
of Investigation has sought or obtained tangible things pursuant to an
order under this section shall notify such person of the nondisclosure
requirements of this subsection.
``(C) At the request of the Director of the Federal Bureau of
Investigation or the designee of the Director, any person making or
intending to make a disclosure under this section shall identify to the
Director or such designee the person to whom such disclosure will be
made or to whom such disclosure was made prior to the request, but in
no circumstance shall a person be required to inform the Director or
such designee that the person intends to consult an attorney to obtain
legal advice or legal assistance.''.
(f) Judicial Review.--
(1) Petition review pool.--Section 103 of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1803) is amended
by adding at the end the following new subsection:
``(e)(1) Three judges designated under subsection (a) who reside
within 20 miles of the District of Columbia, or, if all of such judges
are unavailable, other judges of the court established under subsection
(a) as may be designated by the presiding judge of such court, shall
comprise a petition review pool which shall have jurisdiction to review
petitions filed pursuant to section 501(f)(1).
``(2) Not later than 60 days after the date of the enactment of the
USA PATRIOT Improvement and Reauthorization Act of 2005, the court
established under subsection (a) shall adopt and, consistent with the
protection of national security, publish procedures for the review of
petitions filed pursuant to section 501(f)(1) by the panel established
under paragraph (1). Such procedures shall provide that review of a
petition shall be conducted in camera and shall also provide for the
designation of an acting presiding judge.''.
(2) Proceedings.--Section 501 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1861) is further amended by
adding at the end the following new subsection:
``(f)(1) A person receiving an order to produce any tangible thing
under this section may challenge the legality of that order by filing a
petition with the pool established by section 103(e)(1). The presiding
judge shall immediately assign the petition to one of the judges
serving in such pool. Not later than 72 hours after the assignment of
such petition, the assigned judge shall conduct an initial review of
the petition. If the assigned judge determines that the petition is
frivolous, the assigned judge shall immediately deny the petition and
affirm the order. If the assigned judge determines the petition is not
frivolous, the assigned judge shall promptly consider the petition in
accordance with the procedures established pursuant to section
103(e)(2). The judge considering the petition may modify or set aside
the order only if the judge finds that the order does not meet the
requirements of this section or is otherwise unlawful. If the judge
does not modify or set aside the order, the judge shall immediately
affirm the order and order the recipient to comply therewith. The
assigned judge shall promptly provide a written statement for the
record of the reasons for any determination under this paragraph.
``(2) A petition for review of a decision to affirm, modify, or set
aside an order by the United States or any person receiving such order
shall be to the court of review established under section 103(b), which
shall have jurisdiction to consider such petitions. The court of review
shall provide for the record a written statement of the reasons for its
decision and, on petition of the United States or any person receiving
such order for writ of certiorari, the record shall be transmitted
under seal to the Supreme Court, which shall have jurisdiction to
review such decision.
``(3) Judicial proceedings under this subsection shall be concluded
as expeditiously as possible. The record of proceedings, including
petitions filed, orders granted, and statements of reasons for
decision, shall be maintained under security measures established by
the Chief Justice of the United States in consultation with the
Attorney General and the Director of National Intelligence.
``(4) All petitions under this subsection shall be filed under
seal. In any proceedings under this subsection, the court shall, upon
request of the government, review ex parte and in camera any government
submission, or portions thereof, which may include classified
information.''.
(g) Minimization Procedures and Use of Information.--Section 501 of
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861) is
further amended by adding at the end the following new subsections:
``(g) Minimization Procedures.--
``(1) In general.--Not later than 180 days after the date of
the enactment of the USA PATRIOT Improvement and Reauthorization
Act of 2005, the Attorney General shall adopt specific minimization
procedures governing the retention and dissemination by the Federal
Bureau of Investigation of any tangible things, or information
therein, received by the Federal Bureau of Investigation in
response to an order under this title.
``(2) Defined.--In this section, the term `minimization
procedures' means--
``(A) specific procedures that are reasonably designed in
light of the purpose and technique of an order for the
production of tangible things, to minimize the retention, and
prohibit the dissemination, of nonpublicly available
information concerning unconsenting United States persons
consistent with the need of the United States to obtain,
produce, and disseminate foreign intelligence information;
``(B) procedures that require that nonpublicly available
information, which is not foreign intelligence information, as
defined in section 101(e)(1), shall not be disseminated in a
manner that identifies any United States person, without such
person's consent, unless such person's identity is necessary to
understand foreign intelligence information or assess its
importance; and
``(C) notwithstanding subparagraphs (A) and (B), procedures
that allow for the retention and dissemination of information
that is evidence of a crime which has been, is being, or is
about to be committed and that is to be retained or
disseminated for law enforcement purposes.
``(h) Use of Information.--Information acquired from tangible
things received by the Federal Bureau of Investigation in response to
an order under this title concerning any United States person may be
used and disclosed by Federal officers and employees without the
consent of the United States person only in accordance with the
minimization procedures adopted pursuant to subsection (g). No
otherwise privileged information acquired from tangible things received
by the Federal Bureau of Investigation in accordance with the
provisions of this title shall lose its privileged character. No
information acquired from tangible things received by the Federal
Bureau of Investigation in response to an order under this title may be
used or disclosed by Federal officers or employees except for lawful
purposes.''.
(h) Enhanced Oversight.--Section 502 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1862) is amended--
(1) in subsection (a)--
(A) by striking ``semiannual basis'' and inserting ``annual
basis''; and
(B) by inserting ``and the Committee on the Judiciary''
after ``and the Select Committee on Intelligence'';
(2) in subsection (b)--
(A) by striking ``On a semiannual basis'' and all that
follows through ``the preceding 6-month period'' and inserting
``In April of each year, the Attorney General shall submit to
the House and Senate Committees on the Judiciary and the House
Permanent Select Committee on Intelligence and the Senate
Select Committee on Intelligence a report setting forth with
respect to the preceding calendar year'';
(B) in paragraph (1), by striking ``and'' at the end;
(C) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(D) by adding at the end the following new paragraph:
``(3) the number of such orders either granted, modified, or
denied for the production of each of the following:
``(A) Library circulation records, library patron lists,
book sales records, or book customer lists.
``(B) Firearms sales records.
``(C) Tax return records.
``(D) Educational records.
``(E) Medical records containing information that would
identify a person.''; and
(3) by adding at the end the following new subsection:
``(c)(1) In April of each year, the Attorney General shall submit
to Congress a report setting forth with respect to the preceding year--
``(A) the total number of applications made for orders
approving requests for the production of tangible things under
section 501; and
``(B) the total number of such orders either granted, modified,
or denied.
``(2) Each report under this subsection shall be submitted in
unclassified form.''.
SEC. 106A. AUDIT ON ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN
INTELLIGENCE PURPOSES.
(a) Audit.--The Inspector General of the Department of Justice
shall perform a comprehensive audit of the effectiveness and use,
including any improper or illegal use, of the investigative authority
provided to the Federal Bureau of Investigation under title V of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861 et seq.).
(b) Requirements.--The audit required under subsection (a) shall
include--
(1) an examination of each instance in which the Attorney
General, any other officer, employee, or agent of the Department of
Justice, the Director of the Federal Bureau of Investigation, or a
designee of the Director, submitted an application to the Foreign
Intelligence Surveillance Court (as such term is defined in section
301(3) of the Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. 1821(3))) for an order under section 501 of such Act during
the calendar years of 2002 through 2006, including--
(A) whether the Federal Bureau of Investigation requested
that the Department of Justice submit an application and the
request was not submitted to the court (including an
examination of the basis for not submitting the application);
(B) whether the court granted, modified, or denied the
application (including an examination of the basis for any
modification or denial);
(2) the justification for the failure of the Attorney General
to issue implementing procedures governing requests for the
production of tangible things under such section in a timely
fashion, including whether such delay harmed national security;
(3) whether bureaucratic or procedural impediments to the use
of such requests for production prevent the Federal Bureau of
Investigation from taking full advantage of the authorities
provided under section 501 of such Act;
(4) any noteworthy facts or circumstances relating to orders
under such section, including any improper or illegal use of the
authority provided under such section; and
(5) an examination of the effectiveness of such section as an
investigative tool, including--
(A) the categories of records obtained and the importance
of the information acquired to the intelligence activities of
the Federal Bureau of Investigation or any other Department or
agency of the Federal Government;
(B) the manner in which such information is collected,
retained, analyzed, and disseminated by the Federal Bureau of
Investigation, including any direct access to such information
(such as access to ``raw data'') provided to any other
Department, agency, or instrumentality of Federal, State,
local, or tribal governments or any private sector entity;
(C) with respect to calendar year 2006, an examination of
the minimization procedures adopted by the Attorney General
under section 501(g) of such Act and whether such minimization
procedures protect the constitutional rights of United States
persons;
(D) whether, and how often, the Federal Bureau of
Investigation utilized information acquired pursuant to an
order under section 501 of such Act to produce an analytical
intelligence product for distribution within the Federal Bureau
of Investigation, to the intelligence community (as such term
is defined in section 3(4) of the National Security Act of 1947
(50 U.S.C. 401a(4))), or to other Federal, State, local, or
tribal government Departments, agencies, or instrumentalities;
and
(E) whether, and how often, the Federal Bureau of
Investigation provided such information to law enforcement
authorities for use in criminal proceedings.
(c) Submission Dates.--
(1) Prior years.--Not later than one year after the date of the
enactment of this Act, or upon completion of the audit under this
section for calendar years 2002, 2003, and 2004, whichever is
earlier, the Inspector General of the Department of Justice shall
submit to the Committee on the Judiciary and the Permanent Select
Committee on Intelligence of the House of Representatives and the
Committee on the Judiciary and the Select Committee on Intelligence
of the Senate a report containing the results of the audit
conducted under this section for calendar years 2002, 2003, and
2004.
(2) Calendar years 2005 and 2006.--Not later than December 31,
2007, or upon completion of the audit under this section for
calendar years 2005 and 2006, whichever is earlier, the Inspector
General of the Department of Justice shall submit to the Committee
on the Judiciary and the Permanent Select Committee on Intelligence
of the House of Representatives and the Committee on the Judiciary
and the Select Committee on Intelligence of the Senate a report
containing the results of the audit conducted under this section
for calendar years 2005 and 2006.
(d) Prior Notice to Attorney General and Director of National
Intelligence; Comments.--
(1) Notice.--Not less than 30 days before the submission of a
report under subsection (c)(1) or (c)(2), the Inspector General of
the Department of Justice shall provide such report to the Attorney
General and the Director of National Intelligence.
(2) Comments.--The Attorney General or the Director of National
Intelligence may provide comments to be included in the reports
submitted under subsections (c)(1) and (c)(2) as the Attorney
General or the Director of National Intelligence may consider
necessary.
(e) Unclassified Form.--The reports submitted under subsections
(c)(1) and (c)(2) and any comments included under subsection (d)(2)
shall be in unclassified form, but may include a classified annex.

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SECTION 212 OF THE USA PATRIOT ACT.
(a) Enhanced Oversight.--Section 2702 of title 18, United States
Code, is amended by adding at the end the following:
``(d) Reporting of Emergency Disclosures.--On an annual basis, the
Attorney General shall submit to the Committee on the Judiciary of the
House of Representatives and the Committee on the Judiciary of the
Senate a report containing--
``(1) the number of accounts from which the Department of
Justice has received voluntary disclosures under subsection (b)(8);
and
``(2) a summary of the basis for disclosure in those instances
where--
``(A) voluntary disclosures under subsection (b)(8) were
made to the Department of Justice; and
``(B) the investigation pertaining to those disclosures was
closed without the filing of criminal charges.''.
(b) Technical Amendments to Conform Communications and Customer
Records Exceptions.--
(1) Voluntary disclosures.--Section 2702 of title 18, United
States Code, is amended--
(A) in subsection (b)(8), by striking ``Federal, State, or
local''; and
(B) by striking paragraph (4) of subsection (c) and
inserting the following:
``(4) to a governmental entity, if the provider, in good faith,
believes that an emergency involving danger of death or serious
physical injury to any person requires disclosure without delay of
information relating to the emergency;''.
(2) Definitions.--Section 2711 of title 18, United States Code,
is amended--
(A) in paragraph (2), by striking ``and'' at the end;
(B) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(4) the term `governmental entity' means a department or
agency of the United States or any State or political subdivision
thereof.''.
(c) Additional Exception.--Section 2702(a) of title 18, United
States Code, is amended by inserting ``or (c)'' after ``Except as
provided in subsection (b)''.

fdedca18fcfba2fa0c7496b1f8398031b2ff1a1ff8159b94a2365cc226e1d4e6

USA PATRIOT ACT.
(a) Inclusion of Specific Facts in Application.--
(1) Application.--Section 104(a)(3) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1804(a)(3)) is amended by
inserting ``specific'' after ``description of the''.
(2) Order.--Subsection (c) of section 105 of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1805(c)) is
amended--
(A) in paragraph (1)(A) by striking ``target of the
electronic surveillance'' and inserting ``specific target of
the electronic surveillance identified or described in the
application pursuant to section 104(a)(3)''; and
(B) in paragraph (2)(B), by striking ``where the Court
finds'' and inserting ``where the Court finds, based upon
specific facts provided in the application,''.
(b) Additional Directions.--Such subsection is further amended--
(1) by striking ``An order approving'' and all that follows
through ``specify'' and inserting ``(1) specifications.--An order
approving an electronic surveillance under this section shall
specify'';
(2) in paragraph (1)(F), by striking ``; and'' and inserting a
period;
(3) in paragraph (2), by striking ``direct'' and inserting
``Directions.--An order approving an electronic surveillance under
this section shall direct''; and
(4) by adding at the end the following new paragraph:
``(3) Special directions for certain orders.--An order
approving an electronic surveillance under this section in
circumstances where the nature and location of each of the
facilities or places at which the surveillance will be directed is
unknown shall direct the applicant to provide notice to the court
within ten days after the date on which surveillance begins to be
directed at any new facility or place, unless the court finds good
cause to justify a longer period of up to 60 days, of--
``(A) the nature and location of each new facility or place
at which the electronic surveillance is directed;
``(B) the facts and circumstances relied upon by the
applicant to justify the applicant's belief that each new
facility or place at which the electronic surveillance is
directed is or was being used, or is about to be used, by the
target of the surveillance;
``(C) a statement of any proposed minimization procedures
that differ from those contained in the original application or
order, that may be necessitated by a change in the facility or
place at which the electronic surveillance is directed; and
``(D) the total number of electronic surveillances that
have been or are being conducted under the authority of the
order.''.
(c) Enhanced Oversight.--
(1) Report to congress.--Section 108(a)(1) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1808(a)(1)) is
amended by inserting ``, and the Committee on the Judiciary of the
Senate,'' after ``Senate Select Committee on Intelligence''.
(2) Modification of semiannual report requirement on activities
under foreign intelligence surveillance act of 1978.--Paragraph (2)
of section 108(a) of the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. 1808(a)) is amended to read as follows:
``(2) Each report under the first sentence of paragraph (1)
shall include a description of--
``(A) the total number of applications made for orders and
extensions of orders approving electronic surveillance under
this title where the nature and location of each facility or
place at which the electronic surveillance will be directed is
unknown;
``(B) each criminal case in which information acquired
under this Act has been authorized for use at trial during the
period covered by such report; and
``(C) the total number of emergency employments of
electronic surveillance under section 105(f) and the total
number of subsequent orders approving or denying such
electronic surveillance.''.

db5e3124c5d54a569a10cca4b2ca3cff7ff85486f6c3ecde6b8b8330a499a889

(a) Emergency Physical Searches.--Section 306 of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1826) is amended--
(1) in the first sentence, by inserting ``, and the Committee
on the Judiciary of the Senate,'' after ``the Senate'';
(2) in the second sentence, by striking ``and the Committees on
the Judiciary of the House of Representatives and the Senate'' and
inserting ``and the Committee on the Judiciary of the House of
Representatives'';
(3) in paragraph (2), by striking ``and'' at the end;
(4) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(5) by adding at the end the following:
``(4) the total number of emergency physical searches
authorized by the Attorney General under section 304(e) and the
total number of subsequent orders approving or denying such
physical searches.''.
(b) Emergency Pen Registers and Trap and Trace Devices.--Section
406(b) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1846(b)) is amended--
(1) in paragraph (1), by striking ``and'' at the end;
(2) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(3) the total number of pen registers and trap and trace
devices whose installation and use was authorized by the Attorney
General on an emergency basis under section 403, and the total
number of subsequent orders approving or denying the installation
and use of such pen registers and trap and trace devices.''.
(c) Additional Report.--At the beginning and midpoint of each
fiscal year, the Secretary of Homeland Security shall submit to the
Committees on the Judiciary of the House of Representatives and the
Senate, a written report providing a description of internal affairs
operations at U.S. Citizenship and Immigration Services, including the
general state of such operations and a detailed description of
investigations that are being conducted (or that were conducted during
the previous six months) and the resources devoted to such
investigations. The first such report shall be submitted not later than
April 1, 2006.
(d) Rules and Procedures for FISA Courts.--Section 103 of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803) is
amended by adding at the end the following:
``(f)(1) The courts established pursuant to subsections (a) and (b)
may establish such rules and procedures, and take such actions, as are
reasonably necessary to administer their responsibilities under this
Act.
``(2) The rules and procedures established under paragraph (1), and
any modifications of such rules and procedures, shall be recorded, and
shall be transmitted to the following:
``(A) All of the judges on the court established pursuant to
subsection (a).
``(B) All of the judges on the court of review established
pursuant to subsection (b).
``(C) The Chief Justice of the United States.
``(D) The Committee on the Judiciary of the Senate.
``(E) The Select Committee on Intelligence of the Senate.
``(F) The Committee on the Judiciary of the House of
Representatives.
``(G) The Permanent Select Committee on Intelligence of the
House of Representatives.
``(3) The transmissions required by paragraph (2) shall be
submitted in unclassified form, but may include a classified annex.''.

7e10aedf1c8d4201893f5830306a98b920b29497426d6415c5afd0dcc207b2f2

SYSTEMS.
(a) In General.--Chapter 97 of title 18, United States Code, is
amended by striking sections 1992 through 1993 and inserting the
following:
``Sec. 1992. Terrorist attacks and other violence against railroad
carriers and against mass transportation systems on land,
on water, or through the air
``(a) General Prohibitions.--Whoever, in a circumstance described
in subsection (c), knowingly and without lawful authority or
permission--
``(1) wrecks, derails, sets fire to, or disables railroad on-
track equipment or a mass transportation vehicle;
``(2) places any biological agent or toxin, destructive
substance, or destructive device in, upon, or near railroad on-
track equipment or a mass transportation vehicle with intent to
endanger the safety of any person, or with a reckless disregard for
the safety of human life;
``(3) places or releases a hazardous material or a biological
agent or toxin on or near any property described in subparagraph
(A) or (B) of paragraph (4), with intent to endanger the safety of
any person, or with reckless disregard for the safety of human
life;
``(4) sets fire to, undermines, makes unworkable, unusable, or
hazardous to work on or use, or places any biological agent or
toxin, destructive substance, or destructive device in, upon, or
near any--
``(A) tunnel, bridge, viaduct, trestle, track,
electromagnetic guideway, signal, station, depot, warehouse,
terminal, or any other way, structure, property, or
appurtenance used in the operation of, or in support of the
operation of, a railroad carrier, and with intent to, or
knowing or having reason to know, such activity would likely,
derail, disable, or wreck railroad on-track equipment; or
``(B) garage, terminal, structure, track, electromagnetic
guideway, supply, or facility used in the operation of, or in
support of the operation of, a mass transportation vehicle, and
with intent to, or knowing or having reason to know, such
activity would likely, derail, disable, or wreck a mass
transportation vehicle used, operated, or employed by a mass
transportation provider;
``(5) removes an appurtenance from, damages, or otherwise
impairs the operation of a railroad signal system or mass
transportation signal or dispatching system, including a train
control system, centralized dispatching system, or highway-railroad
grade crossing warning signal;
``(6) with intent to endanger the safety of any person, or with
a reckless disregard for the safety of human life, interferes with,
disables, or incapacitates any dispatcher, driver, captain,
locomotive engineer, railroad conductor, or other person while the
person is employed in dispatching, operating, controlling, or
maintaining railroad on-track equipment or a mass transportation
vehicle;
``(7) commits an act, including the use of a dangerous weapon,
with the intent to cause death or serious bodily injury to any
person who is on property described in subparagraph (A) or (B) of
paragraph (4);
``(8) surveils, photographs, videotapes, diagrams, or otherwise
collects information with the intent to plan or assist in planning
any of the acts described in paragraphs (1) through (6);
``(9) conveys false information, knowing the information to be
false, concerning an attempt or alleged attempt to engage in a
violation of this subsection; or
``(10) attempts, threatens, or conspires to engage in any
violation of any of paragraphs (1) through (9),
shall be fined under this title or imprisoned not more than 20 years,
or both, and if the offense results in the death of any person, shall
be imprisoned for any term of years or for life, or subject to death,
except in the case of a violation of paragraph (8), (9), or (10).
``(b) Aggravated Offense.--Whoever commits an offense under
subsection (a) of this section in a circumstance in which--
``(1) the railroad on-track equipment or mass transportation
vehicle was carrying a passenger or employee at the time of the
offense;
``(2) the railroad on-track equipment or mass transportation
vehicle was carrying high-level radioactive waste or spent nuclear
fuel at the time of the offense; or
``(3) the offense was committed with the intent to endanger the
safety of any person, or with a reckless disregard for the safety
of any person, and the railroad on-track equipment or mass
transportation vehicle was carrying a hazardous material at the
time of the offense that--
``(A) was required to be placarded under subpart F of part
172 of title 49, Code of Federal Regulations; and
``(B) is identified as class number 3, 4, 5, 6.1, or 8 and
packing group I or packing group II, or class number 1, 2, or 7
under the hazardous materials table of section 172.101 of title
49, Code of Federal Regulations,
shall be fined under this title or imprisoned for any term of years or
life, or both, and if the offense resulted in the death of any person,
the person may be sentenced to death.
``(c) Circumstances Required for Offense.--A circumstance referred
to in subsection (a) is any of the following:
``(1) Any of the conduct required for the offense is, or, in
the case of an attempt, threat, or conspiracy to engage in conduct,
the conduct required for the completed offense would be, engaged
in, on, against, or affecting a mass transportation provider, or a
railroad carrier engaged in interstate or foreign commerce.
``(2) Any person travels or communicates across a State line in
order to commit the offense, or transports materials across a State
line in aid of the commission of the offense.
``(d) Definitions.--In this section--
``(1) the term `biological agent' has the meaning given to that
term in section 178(1);
``(2) the term `dangerous weapon' means a weapon, device,
instrument, material, or substance, animate or inanimate, that is
used for, or is readily capable of, causing death or serious bodily
injury, including a pocket knife with a blade of less than 2\1/2\
inches in length and a box cutter;
``(3) the term `destructive device' has the meaning given to
that term in section 921(a)(4);
``(4) the term `destructive substance' means an explosive
substance, flammable material, infernal machine, or other chemical,
mechanical, or radioactive device or material, or matter of a
combustible, contaminative, corrosive, or explosive nature, except
that the term `radioactive device' does not include any radioactive
device or material used solely for medical, industrial, research,
or other peaceful purposes;
``(5) the term `hazardous material' has the meaning given to
that term in chapter 51 of title 49;
``(6) the term `high-level radioactive waste' has the meaning
given to that term in section 2(12) of the Nuclear Waste Policy Act
of 1982 (42 U.S.C. 10101(12));
``(7) the term `mass transportation' has the meaning given to
that term in section 5302(a)(7) of title 49, except that the term
includes school bus, charter, and sightseeing transportation and
passenger vessel as that term is defined in section 2101(22) of
title 46, United States Code;
``(8) the term `on-track equipment' means a carriage or other
contrivance that runs on rails or electromagnetic guideways;
``(9) the term `railroad on-track equipment' means a train,
locomotive, tender, motor unit, freight or passenger car, or other
on-track equipment used, operated, or employed by a railroad
carrier;
``(10) the term `railroad' has the meaning given to that term
in chapter 201 of title 49;
``(11) the term `railroad carrier' has the meaning given to
that term in chapter 201 of title 49;
``(12) the term `serious bodily injury' has the meaning given
to that term in section 1365;
``(13) the term `spent nuclear fuel' has the meaning given to
that term in section 2(23) of the Nuclear Waste Policy Act of 1982
(42 U.S.C. 10101(23));
``(14) the term `State' has the meaning given to that term in
section 2266;
``(15) the term `toxin' has the meaning given to that term in
section 178(2); and
``(16) the term `vehicle' means any carriage or other
contrivance used, or capable of being used, as a means of
transportation on land, on water, or through the air.''.
(b) Conforming Amendments.--
(1) The table of sections at the beginning of chapter 97 of
title 18, United States Code, is amended--
(A) by striking ``RAILROADS'' in the chapter heading and
inserting ``RAILROAD CARRIERS AND MASS TRANSPORTATION SYSTEMS
ON LAND, ON WATER, OR THROUGH THE AIR'';
(B) by striking the items relating to sections 1992 and
1993; and
(C) by inserting after the item relating to section 1991
the following:
``1992. Terrorist attacks and other violence against railroad carriers
and against mass transportation systems on land, on water, or
through the air.''.
(2) The table of chapters at the beginning of part I of title
18, United States Code, is amended by striking the item relating to
chapter 97 and inserting the following:
``97. Railroad carriers and mass transportation systems on land,
on water, or through the air.....................................1991''.
(3) Title 18, United States Code, is amended--
(A) in section 2332b(g)(5)(B)(i), by striking ``1992
(relating to wrecking trains), 1993 (relating to terrorist
attacks and other acts of violence against mass transportation
systems),'' and inserting ``1992 (relating to terrorist attacks
and other acts of violence against railroad carriers and
against mass transportation systems on land, on water, or
through the air),'';
(B) in section 2339A, by striking ``1993,''; and
(C) in section 2516(1)(c) by striking ``1992 (relating to
wrecking trains),''.

2bed8c300e792ce674a7f0b9f890fe64232bd673615a6dbe8aef719ddbd6a5e5

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

805f21fc10b6c0e2589d5fd213eb547d14ad4a776770ff3dcff9eb0d51c01f3a

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

77f9b7abdf73ef3f38aa77658e95e89e74d61ecbb15cb3e24149c5ac8753cc9c

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

37949a8322ad7fecb28b2437a7bb98b4ad2601ada75a41441dee0ce6b43ce537

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

094b71844c37e863a1c8f7c6df2bb8ac45d6965db199f494416a5ed323084abf

Chapter 223 of title 18, United States Code, is amended--
(1) by inserting at the end of the table of sections the
following new item:
``3511. Judicial review of requests for information.'';
and
(2) by inserting after section 3510 the following:
``Sec. 3511. Judicial review of requests for information
``(a) The recipient of a request for records, a report, or other
information under section 2709(b) of this title, section 626(a) or (b)
or 627(a) of the Fair Credit Reporting Act, section 1114(a)(5)(A) of
the Right to Financial Privacy Act, or section 802(a) of the National
Security Act of 1947 may, in the United States district court for the
district in which that person or entity does business or resides,
petition for an order modifying or setting aside the request. The court
may modify or set aside the request if compliance would be
unreasonable, oppressive, or otherwise unlawful.
``(b)(1) The recipient of a request for records, a report, or other
information under section 2709(b) of this title, section 626(a) or (b)
or 627(a) of the Fair Credit Reporting Act, section 1114(a)(5)(A) of
the Right to Financial Privacy Act, or section 802(a) of the National
Security Act of 1947, may petition any court described in subsection
(a) for an order modifying or setting aside a nondisclosure requirement
imposed in connection with such a request.
``(2) If the petition is filed within one year of the request for
records, a report, or other information under section 2709(b) of this
title, section 626(a) or (b) or 627(a) of the Fair Credit Reporting
Act, section 1114(a)(5)(A) of the Right to Financial Privacy Act, or
section 802(a) of the National Security Act of 1947, the court may
modify or set aside such a nondisclosure requirement if it finds that
there is no reason to believe that disclosure may endanger the national
security of the United States, interfere with a criminal,
counterterrorism, or counterintelligence investigation, interfere with
diplomatic relations, or endanger the life or physical safety of any
person. If, at the time of the petition, the Attorney General, Deputy
Attorney General, an Assistant Attorney General, or the Director of the
Federal Bureau of Investigation, or in the case of a request by a
department, agency, or instrumentality of the Federal Government other
than the Department of Justice, the head or deputy head of such
department, agency, or instrumentality, certifies that disclosure may
endanger the national security of the United States or interfere with
diplomatic relations, such certification shall be treated as conclusive
unless the court finds that the certification was made in bad faith.
``(3) If the petition is filed one year or more after the request
for records, a report, or other information under section 2709(b) of
this title, section 626(a) or (b) or 627(a) of the Fair Credit
Reporting Act, section 1114(a)(5)(A) of the Right to Financial Privacy
Act, or section 802(a) of the National Security Act of 1947, the
Attorney General, Deputy Attorney General, an Assistant Attorney
General, or the Director of the Federal Bureau of Investigation, or his
designee in a position not lower than Deputy Assistant Director at
Bureau headquarters or a Special Agent in Charge in a Bureau field
office designated by the Director, or in the case of a request by a
department, agency, or instrumentality of the Federal Government other
than the Federal Bureau of Investigation, the head or deputy head of
such department, agency, or instrumentality, within ninety days of the
filing of the petition, shall either terminate the nondisclosure
requirement or re-certify that disclosure may result in a danger to the
national security of the United States, interference with a criminal,
counterterrorism, or counterintelligence investigation, interference
with diplomatic relations, or danger to the life or physical safety of
any person. In the event of re-certification, the court may modify or
set aside such a nondisclosure requirement if it finds that there is no
reason to believe that disclosure may endanger the national security of
the United States, interfere with a criminal, counterterrorism, or
counterintelligence investigation, interfere with diplomatic relations,
or endanger the life or physical safety of any person. If the
recertification that disclosure may endanger the national security of
the United States or interfere with diplomatic relations is made by the
Attorney General, Deputy Attorney General, an Assistant Attorney
General, or the Director of the Federal Bureau of Investigation, such
certification shall be treated as conclusive unless the court finds
that the recertification was made in bad faith. If the court denies a
petition for an order modifying or setting aside a nondisclosure
requirement under this paragraph, the recipient shall be precluded for
a period of one year from filing another petition to modify or set
aside such nondisclosure requirement.
``(c) In the case of a failure to comply with a request for
records, a report, or other information made to any person or entity
under section 2709(b) of this title, section 626(a) or (b) or 627(a) of
the Fair Credit Reporting Act, section 1114(a)(5)(A) of the Right to
Financial Privacy Act, or section 802(a) of the National Security Act
of 1947, the Attorney General may invoke the aid of any district court
of the United States within the jurisdiction in which the investigation
is carried on or the person or entity resides, carries on business, or
may be found, to compel compliance with the request. The court may
issue an order requiring the person or entity to comply with the
request. Any failure to obey the order of the court may be punished by
the court as contempt thereof. Any process under this section may be
served in any judicial district in which the person or entity may be
found.
``(d) In all proceedings under this section, subject to any right
to an open hearing in a contempt proceeding, the court must close any
hearing to the extent necessary to prevent an unauthorized disclosure
of a request for records, a report, or other information made to any
person or entity under section 2709(b) of this title, section 626(a) or
(b) or 627(a) of the Fair Credit Reporting Act, section 1114(a)(5)(A)
of the Right to Financial Privacy Act, or section 802(a) of the
National Security Act of 1947. Petitions, filings, records, orders, and
subpoenas must also be kept under seal to the extent and as long as
necessary to prevent the unauthorized disclosure of a request for
records, a report, or other information made to any person or entity
under section 2709(b) of this title, section 626(a) or (b) or 627(a) of
the Fair Credit Reporting Act, section 1114(a)(5)(A) of the Right to
Financial Privacy Act, or section 802(a) of the National Security Act
of 1947.
``(e) In all proceedings under this section, the court shall, upon
request of the government, review ex parte and in camera any government
submission or portions thereof, which may include classified
information.''.

bb838a6ac9271793d621f50f25c163174e961e8b18fa42defa425c874f7154cc

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

83d5460a2e0b2ee700c3c3bdd1f99c6fbe710d9d51fbd88bf2dd7b0d0c388868

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

7b6fc364db88255312e2a3fd2513cd492530aca62426d6c935c73d39b426d00e

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

09c0f444bbcb536dec9b80fd0d58c0b41c024cad2530bf9d92fc2c25695652e0

(a) Audit.--The Inspector General of the Department of Justice
shall perform an audit of the effectiveness and use, including any
improper or illegal use, of national security letters issued by the
Department of Justice.
(b) Requirements.--The audit required under subsection (a) shall
include--
(1) an examination of the use of national security letters by
the Department of Justice during calendar years 2003 through 2006;
(2) a description of any noteworthy facts or circumstances
relating to such use, including any improper or illegal use of such
authority; and
(3) an examination of the effectiveness of national security
letters as an investigative tool, including--
(A) the importance of the information acquired by the
Department of Justice to the intelligence activities of the
Department of Justice or to any other department or agency of
the Federal Government;
(B) the manner in which such information is collected,
retained, analyzed, and disseminated by the Department of
Justice, including any direct access to such information (such
as access to ``raw data'') provided to any other department,
agency, or instrumentality of Federal, State, local, or tribal
governments or any private sector entity;
(C) whether, and how often, the Department of Justice
utilized such information to produce an analytical intelligence
product for distribution within the Department of Justice, to
the intelligence community (as such term is defined in section
3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4))),
or to other Federal, State, local, or tribal government
departments, agencies, or instrumentalities;
(D) whether, and how often, the Department of Justice
provided such information to law enforcement authorities for
use in criminal proceedings;
(E) with respect to national security letters issued
following the date of the enactment of this Act, an examination
of the number of occasions in which the Department of Justice,
or an officer or employee of the Department of Justice, issued
a national security letter without the certification necessary
to require the recipient of such letter to comply with the
nondisclosure and confidentiality requirements potentially
applicable under law; and
(F) the types of electronic communications and
transactional information obtained through requests for
information under section 2709 of title 18, United States Code,
including the types of dialing, routing, addressing, or
signaling information obtained, and the procedures the
Department of Justice uses if content information is obtained
through the use of such authority.
(c) Submission Dates.--
(1) Prior years.--Not later than one year after the date of the
enactment of this Act, or upon completion of the audit under this
section for calendar years 2003 and 2004, whichever is earlier, the
Inspector General of the Department of Justice shall submit to the
Committee on the Judiciary and the Permanent Select Committee on
Intelligence of the House of Representatives and the Committee on
the Judiciary and the Select Committee on Intelligence of the
Senate a report containing the results of the audit conducted under
this subsection for calendar years 2003 and 2004.
(2) Calendar years 2005 and 2006.--Not later than December 31,
2007, or upon completion of the audit under this subsection for
calendar years 2005 and 2006, whichever is earlier, the Inspector
General of the Department of Justice shall submit to the Committee
on the Judiciary and the Permanent Select Committee on Intelligence
of the House of Representatives and the Committee on the Judiciary
and the Select Committee on Intelligence of the Senate a report
containing the results of the audit conducted under this subsection
for calendar years 2005 and 2006.
(d) Prior Notice to Attorney General and Director of National
Intelligence; Comments.--
(1) Notice.--Not less than 30 days before the submission of a
report under subsection (c)(1) or (c)(2), the Inspector General of
the Department of Justice shall provide such report to the Attorney
General and the Director of National Intelligence.
(2) Comments.--The Attorney General or the Director of National
Intelligence may provide comments to be included in the reports
submitted under subsection (c)(1) or (c)(2) as the Attorney General
or the Director of National Intelligence may consider necessary.
(e) Unclassified Form.--The reports submitted under subsection
(c)(1) or (c)(2) and any comments included under subsection (d)(2)
shall be in unclassified form, but may include a classified annex.
(f) Minimization Procedures Feasibility.--Not later than February
1, 2007, or upon completion of review of the report submitted under
subsection (c)(1), whichever is earlier, the Attorney General and the
Director of National Intelligence shall jointly submit to the Committee
on the Judiciary and the Permanent Select Committee on Intelligence of
the House of Representatives and the Committee on the Judiciary and the
Select Committee on Intelligence of the Senate a report on the
feasibility of applying minimization procedures in the context of
national security letters to ensure the protection of the
constitutional rights of United States persons.
(g) National Security Letter Defined.--In this section, the term
``national security letter'' means a request for information under one
of the following provisions of law:
(1) Section 2709(a) of title 18, United States Code (to access
certain communication service provider records).
(2) Section 1114(a)(5)(A) of the Right to Financial Privacy Act
(12 U.S.C. 3414(a)(5)(A)) (to obtain financial institution customer
records).
(3) Section 802 of the National Security Act of 1947 (50 U.S.C.
436) (to obtain financial information, records, and consumer
reports).
(4) Section 626 of the Fair Credit Reporting Act (15 U.S.C.
1681u) (to obtain certain financial information and consumer
reports).
(5) Section 627 of the Fair Credit Reporting Act (15 U.S.C.
1681v) (to obtain credit agency consumer records for
counterterrorism investigations).

5c9c267e96ba2140e2b6a935f67f58d2eafe33c6542296dd69af150847063d9c

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

cf2c192403bb8ae5584973a4af4c3b0de754c978054c02a3b00e4e41a0b9f287

CIGARETTES OR SMOKELESS TOBACCO.
(a) Threshold Quantity for Treatment as Contraband Cigarettes.--(1)
Section 2341(2) of title 18, United States Code, is amended by striking
``60,000 cigarettes'' and inserting ``10,000 cigarettes''.
(2) Section 2342(b) of that title is amended by striking ``60,000''
and inserting ``10,000''.
(3) Section 2343 of that title is amended--
(A) in subsection (a), by striking ``60,000'' and inserting
``10,000''; and
(B) in subsection (b), by striking ``60,000'' and inserting
``10,000''.
(b) Contraband Smokeless Tobacco.--(1) Section 2341 of that title
is amended--
(A) in paragraph (4), by striking ``and'' at the end;
(B) in paragraph (5), by striking the period at the end and
inserting a semicolon; and
(C) by adding at the end the following new paragraphs:
``(6) the term `smokeless tobacco' means any finely cut,
ground, powdered, or leaf tobacco that is intended to be placed in
the oral or nasal cavity or otherwise consumed without being
combusted;
``(7) the term `contraband smokeless tobacco' means a quantity
in excess of 500 single-unit consumer-sized cans or packages of
smokeless tobacco, or their equivalent, that are in the possession
of any person other than--
``(A) a person holding a permit issued pursuant to chapter
52 of the Internal Revenue Code of 1986 as manufacturer of
tobacco products or as an export warehouse proprietor, a person
operating a customs bonded warehouse pursuant to section 311 or
555 of the Tariff Act of 1930 (19 U.S.C. 1311, 1555), or an
agent of such person;
``(B) a common carrier transporting such smokeless tobacco
under a proper bill of lading or freight bill which states the
quantity, source, and designation of such smokeless tobacco;
``(C) a person who--
``(i) is licensed or otherwise authorized by the State
where such smokeless tobacco is found to engage in the
business of selling or distributing tobacco products; and
``(ii) has complied with the accounting, tax, and
payment requirements relating to such license or
authorization with respect to such smokeless tobacco; or
``(D) an officer, employee, or agent of the United States
or a State, or any department, agency, or instrumentality of
the United States or a State (including any political
subdivision of a State), having possession of such smokeless
tobacco in connection with the performance of official
duties;''.
(2) Section 2342(a) of that title is amended by inserting ``or
contraband smokeless tobacco'' after ``contraband cigarettes''.
(3) Section 2343(a) of that title is amended by inserting ``, or
any quantity of smokeless tobacco in excess of 500 single-unit
consumer-sized cans or packages,'' before ``in a single transaction''.
(4) Section 2344(c) of that title is amended by inserting ``or
contraband smokeless tobacco'' after ``contraband cigarettes''.
(5) Section 2345 of that title is amended by inserting ``or
smokeless tobacco'' after ``cigarettes'' each place it appears.
(6) Section 2341 of that title is further amended in paragraph (2),
as amended by subsection (a)(1) of this section, in the matter
preceding subparagraph (A), by striking ``State cigarette taxes in the
State where such cigarettes are found, if the State'' and inserting
``State or local cigarette taxes in the State or locality where such
cigarettes are found, if the State or local government''.
(c) Recordkeeping, Reporting, and Inspection.--Section 2343 of that
title, as amended by this section, is further amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by striking
``only--'' and inserting ``such information as the Attorney
General considers appropriate for purposes of enforcement of
this chapter, including--''; and
(B) in the flush matter following paragraph (3), by
striking the second sentence;
(2) by redesignating subsection (b) as subsection (c);
(3) by inserting after subsection (a) the following new
subsection (b):
``(b) Any person, except for a tribal government, who engages in a
delivery sale, and who ships, sells, or distributes any quantity in
excess of 10,000 cigarettes, or any quantity in excess of 500 single-
unit consumer-sized cans or packages of smokeless tobacco, or their
equivalent, within a single month, shall submit to the Attorney
General, pursuant to rules or regulations prescribed by the Attorney
General, a report that sets forth the following:
``(1) The person's beginning and ending inventory of cigarettes
and cans or packages of smokeless tobacco (in total) for such
month.
``(2) The total quantity of cigarettes and cans or packages of
smokeless tobacco that the person received within such month from
each other person (itemized by name and address).
``(3) The total quantity of cigarettes and cans or packages of
smokeless tobacco that the person distributed within such month to
each person (itemized by name and address) other than a retail
purchaser.''; and
(4) by adding at the end the following new subsections:
``(d) Any report required to be submitted under this chapter to the
Attorney General shall also be submitted to the Secretary of the
Treasury and to the attorneys general and the tax administrators of the
States from where the shipments, deliveries, or distributions both
originated and concluded.
``(e) In this section, the term `delivery sale' means any sale of
cigarettes or smokeless tobacco in interstate commerce to a consumer
if--
``(1) the consumer submits the order for such sale by means of
a telephone or other method of voice transmission, the mails, or
the Internet or other online service, or by any other means where
the consumer is not in the same physical location as the seller
when the purchase or offer of sale is made; or
``(2) the cigarettes or smokeless tobacco are delivered by use
of the mails, common carrier, private delivery service, or any
other means where the consumer is not in the same physical location
as the seller when the consumer obtains physical possession of the
cigarettes or smokeless tobacco.
``(f) In this section, the term `interstate commerce' means
commerce between a State and any place outside the State, or commerce
between points in the same State but through any place outside the
State.''.
(d) Disposal or Use of Forfeited Cigarettes and Smokeless
Tobacco.--Section 2344(c) of that title, as amended by this section, is
further amended by striking ``seizure and forfeiture,'' and all that
follows and inserting ``seizure and forfeiture. The provisions of
chapter 46 of title 18 relating to civil forfeitures shall extend to
any seizure or civil forfeiture under this section. Any cigarettes or
smokeless tobacco so seized and forfeited shall be either--
``(1) destroyed and not resold; or
``(2) used for undercover investigative operations for the
detection and prosecution of crimes, and then destroyed and not
resold.''.
(e) Effect on State and Local Law.--Section 2345 of that title is
amended--
(1) in subsection (a), by striking ``a State to enact and
enforce'' and inserting ``a State or local government to enact and
enforce its own''; and
(2) in subsection (b), by striking ``of States, through
interstate compact or otherwise, to provide for the administration
of State'' and inserting ``of State or local governments, through
interstate compact or otherwise, to provide for the administration
of State or local''.
(f) Enforcement.--Section 2346 of that title is amended--
(1) by inserting ``(a)'' before ``The Attorney General''; and
(2) by adding at the end the following new subsection:
``(b)(1) A State, through its attorney general, a local government,
through its chief law enforcement officer (or a designee thereof), or
any person who holds a permit under chapter 52 of the Internal Revenue
Code of 1986, may bring an action in the United States district courts
to prevent and restrain violations of this chapter by any person (or by
any person controlling such person), except that any person who holds a
permit under chapter 52 of the Internal Revenue Code of 1986 may not
bring such an action against a State or local government. No civil
action may be commenced under this paragraph against an Indian tribe or
an Indian in Indian country (as defined in section 1151).
``(2) A State, through its attorney general, or a local government,
through its chief law enforcement officer (or a designee thereof), may
in a civil action under paragraph (1) also obtain any other appropriate
relief for violations of this chapter from any person (or by any person
controlling such person), including civil penalties, money damages, and
injunctive or other equitable relief. Nothing in this chapter shall be
deemed to abrogate or constitute a waiver of any sovereign immunity of
a State or local government, or an Indian tribe against any unconsented
lawsuit under this chapter, or otherwise to restrict, expand, or modify
any sovereign immunity of a State or local government, or an Indian
tribe.
``(3) The remedies under paragraphs (1) and (2) are in addition to
any other remedies under Federal, State, local, or other law.
``(4) Nothing in this chapter shall be construed to expand,
restrict, or otherwise modify any right of an authorized State official
to proceed in State court, or take other enforcement actions, on the
basis of an alleged violation of State or other law.
``(5) Nothing in this chapter shall be construed to expand,
restrict, or otherwise modify any right of an authorized local
government official to proceed in State court, or take other
enforcement actions, on the basis of an alleged violation of local or
other law.''.
(g) Conforming and Clerical Amendments.--(1) The section heading
for section 2343 of that title is amended to read as follows:
``Sec. 2343. Recordkeeping, reporting, and inspection''.
(2) The section heading for section 2345 of such title is amended
to read as follows:
``Sec. 2345. Effect on State and local law''.
(3) The table of sections at the beginning of chapter 114 of that
title is amended--
(A) by striking the item relating to section 2343 and inserting
the following new item:
``2343. Recordkeeping, reporting, and inspection.'';
and
(B) by striking the item relating to section 2345 and inserting
the following new item:
``2345. Effect on State and local law.''.
(4)(A) The heading for chapter 114 of that title is amended to read
as follows:
``CHAPTER 114--TRAFFICKING IN CONTRABAND CIGARETTES AND SMOKELESS
TOBACCO''.
(B) The table of chapters at the beginning of part I of that title
is amended by striking the item relating to section 114 and inserting
the following new item:
``114. Trafficking in contraband cigarettes and smokeless tobacc2341.''.

28778c2e369d5850e524397e2d58d498641ff71016b2df9e878789e81af8d58e

Part A of the Controlled Substance Import and Export Act (21 U.S.C.
951 et seq.) is amended by inserting after section 1010 the following:
``Foreign terrorist organizations, terrorist persons and groups
``Prohibited Acts
``Sec. 1010A. (a) Whoever engages in conduct that would be
punishable under section 841(a) of this title if committed within the
jurisdiction of the United States, or attempts or conspires to do so,
knowing or intending to provide, directly or indirectly, anything of
pecuniary value to any person or organization that has engaged or
engages in terrorist activity (as defined in section 212(a)(3)(B) of
the Immigration and Nationality Act) or terrorism (as defined in
section 140(d)(2) of the Foreign Relations Authorization Act, Fiscal
Years 1988 and 1989), shall be sentenced to a term of imprisonment of
not less than twice the minimum punishment under section 841(b)(1), and
not more than life, a fine in accordance with the provisions of title
18, United States Code, or both. Notwithstanding section 3583 of title
18, United States Code, any sentence imposed under this subsection
shall include a term of supervised release of at least 5 years in
addition to such term of imprisonment.
``Jurisdiction
``(b) There is jurisdiction over an offense under this section if--
``(1) the prohibited drug activity or the terrorist offense is
in violation of the criminal laws of the United States;
``(2) the offense, the prohibited drug activity, or the
terrorist offense occurs in or affects interstate or foreign
commerce;
``(3) an offender provides anything of pecuniary value for a
terrorist offense that causes or is designed to cause death or
serious bodily injury to a national of the United States while that
national is outside the United States, or substantial damage to the
property of a legal entity organized under the laws of the United
States (including any of its States, districts, commonwealths,
territories, or possessions) while that property is outside of the
United States;
``(4) the offense or the prohibited drug activity occurs in
whole or in part outside of the United States (including on the
high seas), and a perpetrator of the offense or the prohibited drug
activity is a national of the United States or a legal entity
organized under the laws of the United States (including any of its
States, districts, commonwealths, territories, or possessions); or
``(5) after the conduct required for the offense occurs an
offender is brought into or found in the United States, even if the
conduct required for the offense occurs outside the United States.
``Proof Requirements
``(c) To violate subsection (a), a person must have knowledge that
the person or organization has engaged or engages in terrorist activity
(as defined in section 212(a)(3)(B) of the Immigration and Nationality
Act) or terrorism (as defined in section 140(d)(2) of the Foreign
Relations Authorization Act, Fiscal Years 1988 and 1989).
``Definition
``(d) As used in this section, the term `anything of pecuniary
value' has the meaning given the term in section 1958(b)(1) of title
18, United States Code.''.

00510df36a9c8e31d95c4e7bcc7f1c3eb4810df461b78f28a090a5c65dae7a0c

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

aca443d55af3919b9637155460ea01c046dfe52b245b6aa04b5fbb8e301b282b

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

7bd9cb38a39f5ee15dbd5f177e026cfaa637325f94b341239269e8a9afdedbf7

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

b883bd96a8db4021a9f1f123632f82025c629c7014d26d50129999f667a761eb

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

546da7d4c4687cfae8219912089123d2a5a9b1a9bdee121e8a15bb4f65624064

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

ff7beb0ad2f5c0949573da6676e9e398c8d7b97d9ac5e4e866c2a36d5ea839f8

ADDITIONAL INFORMATION IN CONNECTION WITH ORDERS FOR PEN
REGISTER AND TRAP AND TRACE AUTHORITY UNDER FISA.
(a) Records.--Section 402(d)(2) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1842(d)(2)) is amended--
(1) in subparagraph (A)--
(A) in clause (ii), by adding ``and'' at the end; and
(B) in clause (iii), by striking the period at the end and
inserting a semicolon;
(2) in subparagraph (B)(iii), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(C) shall direct that, upon the request of the applicant,
the provider of a wire or electronic communication service
shall disclose to the Federal officer using the pen register or
trap and trace device covered by the order--
``(i) in the case of the customer or subscriber using
the service covered by the order (for the period specified
by the order)--
``(I) the name of the customer or subscriber;
``(II) the address of the customer or subscriber;
``(III) the telephone or instrument number, or
other subscriber number or identifier, of the customer
or subscriber, including any temporarily assigned
network address or associated routing or transmission
information;
``(IV) the length of the provision of service by
such provider to the customer or subscriber and the
types of services utilized by the customer or
subscriber;
``(V) in the case of a provider of local or long
distance telephone service, any local or long distance
telephone records of the customer or subscriber;
``(VI) if applicable, any records reflecting period
of usage (or sessions) by the customer or subscriber;
and
``(VII) any mechanisms and sources of payment for
such service, including the number of any credit card
or bank account utilized for payment for such service;
and
``(ii) if available, with respect to any customer or
subscriber of incoming or outgoing communications to or
from the service covered by the order--
``(I) the name of such customer or subscriber;
``(II) the address of such customer or subscriber;
``(III) the telephone or instrument number, or
other subscriber number or identifier, of such customer
or subscriber, including any temporarily assigned
network address or associated routing or transmission
information; and
``(IV) the length of the provision of service by
such provider to such customer or subscriber and the
types of services utilized by such customer or
subscriber.''.
(b) Enhanced Oversight.--Section 406(a) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1846(a)) is amended by inserting
``, and the Committee on the Judiciary of the House of Representatives
and the Committee on the Judiciary of the Senate,'' after ``of the
Senate''.

b9176ba37e29908961ed98b5ed55d2fca1570347c3993e229489ce87f9f6cbcd

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

3fdc14dbd880649404e36b32b3935c65a94f5bb9fba1eaf425a6b75fa3f61758

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

bf29dd9e19f703aa691bffa2b73d064d8afeafe5388ccb792c484504918033c8

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

954485ef1a5390db999d85500c28a0daf8223be1f2582f457fe4a46588254e1d

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

8805fc2a6e4952a1ba024523b1a95938c019ccacb75d64922066cdc97fde314d

(a) In General.--Chapter 228 of title 18, United States Code, is
amended by adding at the end the following new section:
``Sec. 3599. Counsel for financially unable defendants
``(a)(1) Notwithstanding any other provision of law to the
contrary, in every criminal action in which a defendant is charged with
a crime which may be punishable by death, a defendant who is or becomes
financially unable to obtain adequate representation or investigative,
expert, or other reasonably necessary services at any time either--
``(A) before judgment; or
``(B) after the entry of a judgment imposing a sentence of
death but before the execution of that judgment;
shall be entitled to the appointment of one or more attorneys and the
furnishing of such other services in accordance with subsections (b)
through (f).
``(2) In any post conviction proceeding under section 2254 or 2255
of title 28, United States Code, seeking to vacate or set aside a death
sentence, any defendant who is or becomes financially unable to obtain
adequate representation or investigative, expert, or other reasonably
necessary services shall be entitled to the appointment of one or more
attorneys and the furnishing of such other services in accordance with
subsections (b) through (f).
``(b) If the appointment is made before judgment, at least one
attorney so appointed must have been admitted to practice in the court
in which the prosecution is to be tried for not less than five years,
and must have had not less than three years experience in the actual
trial of felony prosecutions in that court.
``(c) If the appointment is made after judgment, at least one
attorney so appointed must have been admitted to practice in the court
of appeals for not less than five years, and must have had not less
than three years experience in the handling of appeals in that court in
felony cases.
``(d) With respect to subsections (b) and (c), the court, for good
cause, may appoint another attorney whose background, knowledge, or
experience would otherwise enable him or her to properly represent the
defendant, with due consideration to the seriousness of the possible
penalty and to the unique and complex nature of the litigation.
``(e) Unless replaced by similarly qualified counsel upon the
attorney's own motion or upon motion of the defendant, each attorney so
appointed shall represent the defendant throughout every subsequent
stage of available judicial proceedings, including pretrial
proceedings, trial, sentencing, motions for new trial, appeals,
applications for writ of certiorari to the Supreme Court of the United
States, and all available post-conviction process, together with
applications for stays of execution and other appropriate motions and
procedures, and shall also represent the defendant in such competency
proceedings and proceedings for executive or other clemency as may be
available to the defendant.
``(f) Upon a finding that investigative, expert, or other services
are reasonably necessary for the representation of the defendant,
whether in connection with issues relating to guilt or the sentence,
the court may authorize the defendant's attorneys to obtain such
services on behalf of the defendant and, if so authorized, shall order
the payment of fees and expenses therefor under subsection (g). No ex
parte proceeding, communication, or request may be considered pursuant
to this section unless a proper showing is made concerning the need for
confidentiality. Any such proceeding, communication, or request shall
be transcribed and made a part of the record available for appellate
review.
``(g)(1) Compensation shall be paid to attorneys appointed under
this subsection at a rate of not more than $125 per hour for in-court
and out-of-court time. The Judicial Conference is authorized to raise
the maximum for hourly payment specified in the paragraph up to the
aggregate of the overall average percentages of the adjustments in the
rates of pay for the General Schedule made pursuant to section 5305 of
title 5 on or after such date. After the rates are raised under the
preceding sentence, such hourly range may be raised at intervals of not
less than one year, up to the aggregate of the overall average
percentages of such adjustments made since the last raise under this
paragraph.
``(2) Fees and expenses paid for investigative, expert, and other
reasonably necessary services authorized under subsection (f) shall not
exceed $7,500 in any case, unless payment in excess of that limit is
certified by the court, or by the United States magistrate judge, if
the services were rendered in connection with the case disposed of
entirely before such magistrate judge, as necessary to provide fair
compensation for services of an unusual character or duration, and the
amount of the excess payment is approved by the chief judge of the
circuit. The chief judge of the circuit may delegate such approval
authority to an active circuit judge.
``(3) The amounts paid under this paragraph for services in any
case shall be disclosed to the public, after the disposition of the
petition.''.
(b) Conforming Amendment.--The table of sections of the bill is
amended by inserting after the item relating to section 3598 the
following new item:
``3599. Counsel for financially unable defendants.''.
(c) Repeal.--Subsection (q) of section 408 of the Controlled
Substances Act is amended by striking paragraphs (4) through (10).

8d3c6e228dd3f2a3625ab822e897549bf1b0b0074db0985a13f02e7311c4c8b3

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

d1f5c3fb49e121eb2a0c6c89605fe1535e9aa487ed5c4b9a938d5e0623a85257

(a) In General.--Section 1036 of title 18, United States Code, is
amended--
(1) in subsection (a)--
(A) in paragraph (2), by striking ``or'' at the end;
(B) by redesignating paragraph (3) as paragraph (4); and
(C) by inserting after paragraph (2) the following:
``(3) any secure or restricted area of any seaport, designated
as secure in an approved security plan, as required under section
70103 of title 46, United States Code, and the rules and
regulations promulgated under that section; or'';
(2) in subsection (b)(1), by striking ``5 years'' and inserting
``10 years'';
(3) in subsection (c)(1), by inserting ``, captain of the
seaport,'' after ``airport authority''; and
(4) by striking the section heading and inserting the
following:
``Sec. 1036. Entry by false pretenses to any real property, vessel, or
aircraft of the United States or secure area of any airport
or seaport''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 47 of title 18 is amended by striking the matter relating to
section 1036 and inserting the following:
``1036. Entry by false pretenses to any real property, vessel, or
aircraft of the United States or secure area of any airport or
seaport.''.
(c) Definition of Seaport.--Chapter 1 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 26. Definition of seaport
``As used in this title, the term `seaport' means all piers,
wharves, docks, and similar structures, adjacent to any waters subject
to the jurisdiction of the United States, to which a vessel may be
secured, including areas of land, water, or land and water under and in
immediate proximity to such structures, buildings on or contiguous to
such structures, and the equipment and materials on such structures or
in such buildings.''.
(d) Technical and Conforming Amendment.--The table of sections for
chapter 1 of title 18 is amended by inserting after the matter relating
to section 25 the following:
``26. Definition of seaport.''.

8c3681499c53754f6b545ec975dc89614ca6ad8ae8ea459398d960a9ad712476

BOARDING, OR PROVIDING FALSE INFORMATION.
(a) Offense.--Chapter 109 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 2237. Criminal sanctions for failure to heave to, obstruction of
boarding, or providing false information
``(a)(1) It shall be unlawful for the master, operator, or person
in charge of a vessel of the United States, or a vessel subject to the
jurisdiction of the United States, to knowingly fail to obey an order
by an authorized Federal law enforcement officer to heave to that
vessel.
``(2) It shall be unlawful for any person on board a vessel of the
United States, or a vessel subject to the jurisdiction of the United
States, to--
``(A) forcibly resist, oppose, prevent, impede, intimidate, or
interfere with a boarding or other law enforcement action
authorized by any Federal law or to resist a lawful arrest; or
``(B) provide materially false information to a Federal law
enforcement officer during a boarding of a vessel regarding the
vessel's destination, origin, ownership, registration, nationality,
cargo, or crew.
``(b) Any person who intentionally violates this section shall be
fined under this title or imprisoned for not more than 5 years, or
both.
``(c) This section does not limit the authority of a customs
officer under section 581 of the Tariff Act of 1930 (19 U.S.C. 1581),
or any other provision of law enforced or administered by the Secretary
of the Treasury or the Secretary of Homeland Security, or the authority
of any Federal law enforcement officer under any law of the United
States, to order a vessel to stop or heave to.
``(d) A foreign nation may consent or waive objection to the
enforcement of United States law by the United States under this
section by radio, telephone, or similar oral or electronic means.
Consent or waiver may be proven by certification of the Secretary of
State or the designee of the Secretary of State.
``(e) In this section--
``(1) the term `Federal law enforcement officer' has the
meaning given the term in section 115(c);
``(2) the term `heave to' means to cause a vessel to slow, come
to a stop, or adjust its course or speed to account for the weather
conditions and sea state to facilitate a law enforcement boarding;
``(3) the term `vessel subject to the jurisdiction of the
United States' has the meaning given the term in section 2 of the
Maritime Drug Law Enforcement Act (46 U.S.C. App. 1903); and
``(4) the term `vessel of the United States' has the meaning
given the term in section 2 of the Maritime Drug Law Enforcement
Act (46 U.S.C. App. 1903).''.
(b) Conforming Amendment.--The table of sections for chapter 109,
title 18, United States Code, is amended by inserting after the item
for section 2236 the following:
``2237. Criminal sanctions for failure to heave to, obstruction of
boarding, or providing false information.''.

8a2949092ba8b5539439dda783befbff29a0cea8099a0c360b321b15f90ca143

PLACEMENT OF DESTRUCTIVE DEVICES.
(a) Placement of Destructive Devices.--
(1) In general.--Chapter 111 of title 18, United States Code,
as amended by subsection (a), is further amended by adding at the
end the following:
``Sec. 2282A. Devices or dangerous substances in waters of the United
States likely to destroy or damage ships or to interfere
with maritime commerce
``(a) A person who knowingly places, or causes to be placed, in
navigable waters of the United States, by any means, a device or
dangerous substance which is likely to destroy or cause damage to a
vessel or its cargo, cause interference with the safe navigation of
vessels, or interference with maritime commerce (such as by damaging or
destroying marine terminals, facilities, or any other marine structure
or entity used in maritime commerce) with the intent of causing such
destruction or damage, interference with the safe navigation of
vessels, or interference with maritime commerce shall be fined under
this title or imprisoned for any term of years, or for life; or both.
``(b) A person who causes the death of any person by engaging in
conduct prohibited under subsection (a) may be punished by death.
``(c) Nothing in this section shall be construed to apply to
otherwise lawfully authorized and conducted activities of the United
States Government.
``(d) In this section:
``(1) The term `dangerous substance' means any solid, liquid,
or gaseous material that has the capacity to cause damage to a
vessel or its cargo, or cause interference with the safe navigation
of a vessel.
``(2) The term `device' means any object that, because of its
physical, mechanical, structural, or chemical properties, has the
capacity to cause damage to a vessel or its cargo, or cause
interference with the safe navigation of a vessel.''.
(2) Conforming amendment.--The table of sections for chapter
111 of title 18, United States Code, as amended by subsection (b),
is further amended by adding after the item related to section 2282
the following:
``2282A. Devices or dangerous substances in waters of the United States
likely to destroy or damage ships or to interfere with
maritime commerce.''.
(b) Violence Against Maritime Navigation.--
(1) In general.--Chapter 111 of title 18, United States Code as
amended by subsections (a) and (c), is further amended by adding at
the end the following:
``Sec. 2282B. Violence against aids to maritime navigation
``Whoever intentionally destroys, seriously damages, alters, moves,
or tampers with any aid to maritime navigation maintained by the Saint
Lawrence Seaway Development Corporation under the authority of section
4 of the Act of May 13, 1954 (33 U.S.C. 984), by the Coast Guard
pursuant to section 81 of title 14, United States Code, or lawfully
maintained under authority granted by the Coast Guard pursuant to
section 83 of title 14, United States Code, if such act endangers or is
likely to endanger the safe navigation of a ship, shall be fined under
this title or imprisoned for not more than 20 years, or both.''.
(2) Conforming amendment.--The table of sections for chapter
111 of title 18, United States Code, as amended by subsections (b)
and (d) is further amended by adding after the item related to
section 2282A the following:
``2282B. Violence against aids to maritime navigation.''.

7eb2fe12e10354816377f6be0032220eaba431669ec9b1c0bd27e6049fe1ee98

(a) Transportation of Dangerous Materials and Terrorists.--Chapter
111 of title 18, as amended by section 305, is further amended by
adding at the end the following:
``Sec. 2283. Transportation of explosive, biological, chemical, or
radioactive or nuclear materials
``(a) In General.--Whoever knowingly transports aboard any vessel
within the United States and on waters subject to the jurisdiction of
the United States or any vessel outside the United States and on the
high seas or having United States nationality an explosive or
incendiary device, biological agent, chemical weapon, or radioactive or
nuclear material, knowing that any such item is intended to be used to
commit an offense listed under section 2332b(g)(5)(B), shall be fined
under this title or imprisoned for any term of years or for life, or
both.
``(b) Causing Death.--Any person who causes the death of a person
by engaging in conduct prohibited by subsection (a) may be punished by
death.
``(c) Definitions.--In this section:
``(1) Biological agent.--The term `biological agent' means any
biological agent, toxin, or vector (as those terms are defined in
section 178).
``(2) By-product material.--The term `by-product material' has
the meaning given that term in section 11(e) of the Atomic Energy
Act of 1954 (42 U.S.C. 2014(e)).
``(3) Chemical weapon.--The term `chemical weapon' has the
meaning given that term in section 229F(1).
``(4) Explosive or incendiary device.--The term `explosive or
incendiary device' has the meaning given the term in section 232(5)
and includes explosive materials, as that term is defined in
section 841(c) and explosive as defined in section 844(j).
``(5) Nuclear material.--The term `nuclear material' has the
meaning given that term in section 831(f)(1).
``(6) Radioactive material.--The term `radioactive material'
means--
``(A) source material and special nuclear material, but
does not include natural or depleted uranium;
``(B) nuclear by-product material;
``(C) material made radioactive by bombardment in an
accelerator; or
``(D) all refined isotopes of radium.
``(8) Source material.--The term `source material' has the
meaning given that term in section 11(z) of the Atomic Energy Act
of 1954 (42 U.S.C. 2014(z)).
``(9) Special nuclear material.--The term `special nuclear
material' has the meaning given that term in section 11(aa) of the
Atomic Energy Act of 1954 (42 U.S.C. 2014(aa)).
``Sec. 2284. Transportation of terrorists
``(a) In General.--Whoever knowingly and intentionally transports
any terrorist aboard any vessel within the United States and on waters
subject to the jurisdiction of the United States or any vessel outside
the United States and on the high seas or having United States
nationality, knowing that the transported person is a terrorist, shall
be fined under this title or imprisoned for any term of years or for
life, or both.
``(b) Defined Term.--In this section, the term `terrorist' means
any person who intends to commit, or is avoiding apprehension after
having committed, an offense listed under section 2332b(g)(5)(B).''.
(b) Conforming Amendment.--The table of sections for chapter 111 of
title 18, United States Code, as amended by section 305, is further
amended by adding at the end the following:
``2283. Transportation of explosive, chemical, biological, or
radioactive or nuclear materials.
``2284. Transportation of terrorists.''.

0759e1fdcb48cf0149f1d0823fd5ed4dd013e26857bcc9383fb04e6ca61d596a

FACILITIES.
(a) In General.--Title 18, United States Code, is amended by
inserting after chapter 111 the following:
``CHAPTER 111A--DESTRUCTION OF, OR INTERFERENCE WITH, VESSELS OR
MARITIME FACILITIES
``Sec.
``2290. Jurisdiction and scope.
``2291. Destruction of vessel or maritime facility.
``2292. Imparting or conveying false information.
``Sec. 2290. Jurisdiction and scope
``(a) Jurisdiction.--There is jurisdiction, including
extraterritorial jurisdiction, over an offense under this chapter if
the prohibited activity takes place--
``(1) within the United States and within waters subject to the
jurisdiction of the United States; or
``(2) outside United States and--
``(A) an offender or a victim is a national of the United
States (as that term is defined under section 101(a)(22) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(22));
``(B) the activity involves a vessel in which a national of
the United States was on board; or
``(C) the activity involves a vessel of the United States
(as that term is defined under section 2 of the Maritime Drug
Law Enforcement Act (46 U.S.C. App. 1903).
``(b) Scope.--Nothing in this chapter shall apply to otherwise
lawful activities carried out by or at the direction of the United
States Government.
``Sec. 2291. Destruction of vessel or maritime facility
``(a) Offense.--Whoever knowingly--
``(1) sets fire to, damages, destroys, disables, or wrecks any
vessel;
``(2) places or causes to be placed a destructive device, as
defined in section 921(a)(4), destructive substance, as defined in
section 31(a)(3), or an explosive, as defined in section 844(j) in,
upon, or near, or otherwise makes or causes to be made unworkable
or unusable or hazardous to work or use, any vessel, or any part or
other materials used or intended to be used in connection with the
operation of a vessel;
``(3) sets fire to, damages, destroys, or disables or places a
destructive device or substance in, upon, or near, any maritime
facility, including any aid to navigation, lock, canal, or vessel
traffic service facility or equipment;
``(4) interferes by force or violence with the operation of any
maritime facility, including any aid to navigation, lock, canal, or
vessel traffic service facility or equipment, if such action is
likely to endanger the safety of any vessel in navigation;
``(5) sets fire to, damages, destroys, or disables or places a
destructive device or substance in, upon, or near, any appliance,
structure, property, machine, or apparatus, or any facility or
other material used, or intended to be used, in connection with the
operation, maintenance, loading, unloading, or storage of any
vessel or any passenger or cargo carried or intended to be carried
on any vessel;
``(6) performs an act of violence against or incapacitates any
individual on any vessel, if such act of violence or incapacitation
is likely to endanger the safety of the vessel or those on board;
``(7) performs an act of violence against a person that causes
or is likely to cause serious bodily injury, as defined in section
1365(h)(3), in, upon, or near, any appliance, structure, property,
machine, or apparatus, or any facility or other material used, or
intended to be used, in connection with the operation, maintenance,
loading, unloading, or storage of any vessel or any passenger or
cargo carried or intended to be carried on any vessel;
``(8) communicates information, knowing the information to be
false and under circumstances in which such information may
reasonably be believed, thereby endangering the safety of any
vessel in navigation; or
``(9) attempts or conspires to do anything prohibited under
paragraphs (1) through (8),
shall be fined under this title or imprisoned not more than 20 years,
or both.
``(b) Limitation.--Subsection (a) shall not apply to any person
that is engaging in otherwise lawful activity, such as normal repair
and salvage activities, and the transportation of hazardous materials
regulated and allowed to be transported under chapter 51 of title 49.
``(c) Penalty.--Whoever is fined or imprisoned under subsection (a)
as a result of an act involving a vessel that, at the time of the
violation, carried high-level radioactive waste (as that term is
defined in section 2(12) of the Nuclear Waste Policy Act of 1982 (42
U.S.C. 10101(12)) or spent nuclear fuel (as that term is defined in
section 2(23) of the Nuclear Waste Policy Act of 1982 (42 U.S.C.
10101(23)), shall be fined under this title, imprisoned for a term up
to life, or both.
``(d) Penalty When Death Results.--Whoever is convicted of any
crime prohibited by subsection (a) and intended to cause death by the
prohibited conduct, if the conduct resulted in the death of any person,
shall be subject also to the death penalty or to a term of imprisonment
for a period up to life.
``(e) Threats.--Whoever knowingly and intentionally imparts or
conveys any threat to do an act which would violate this chapter, with
an apparent determination and will to carry the threat into execution,
shall be fined under this title or imprisoned not more than 5 years, or
both, and is liable for all costs incurred as a result of such threat.
``Sec. 2292. Imparting or conveying false information
``(a) In General.--Whoever imparts or conveys or causes to be
imparted or conveyed false information, knowing the information to be
false, concerning an attempt or alleged attempt being made or to be
made, to do any act that would be a crime prohibited by this chapter or
by chapter 111 of this title, shall be subject to a civil penalty of
not more than $5,000, which shall be recoverable in a civil action
brought in the name of the United States.
``(b) Malicious Conduct.--Whoever knowingly, intentionally,
maliciously, or with reckless disregard for the safety of human life,
imparts or conveys or causes to be imparted or conveyed false
information, knowing the information to be false, concerning an attempt
or alleged attempt to do any act which would be a crime prohibited by
this chapter or by chapter 111 of this title, shall be fined under this
title or imprisoned not more than 5 years.
``(c) Jurisdiction.--
``(1) In general.--Except as provided under paragraph (2),
section 2290(a) shall not apply to any offense under this section.
``(2) Jurisdiction.--Jurisdiction over an offense under this
section shall be determined in accordance with the provisions
applicable to the crime prohibited by this chapter, or by chapter
111 of this title, to which the imparted or conveyed false
information relates, as applicable.
``Sec. 2293. Bar to prosecution
``(a) In General.--It is a bar to prosecution under this chapter
if--
``(1) the conduct in question occurred within the United States
in relation to a labor dispute, and such conduct is prohibited as a
felony under the law of the State in which it was committed; or
``(2) such conduct is prohibited as a misdemeanor, and not as a
felony, under the law of the State in which it was committed.
``(b) Definitions.--In this section:
``(1) Labor dispute.--The term `labor dispute' has the same
meaning given that term in section 13(c) of the Act to amend the
Judicial Code and to define and limit the jurisdiction of courts
sitting in equity, and for other purposes (29 U.S.C. 113(c),
commonly known as the Norris-LaGuardia Act).
``(2) State.--The term `State' means a State of the United
States, the District of Columbia, and any commonwealth, territory,
or possession of the United States.''.
(b) Conforming Amendment.--The table of chapters at the beginning
of title 18, United States Code, is amended by inserting after the item
for chapter 111 the following:
``111A. Destruction of, or interference with, vessels or maritime
facilities.......................................................2290''.

802a35efe55dad112b92f17668240c2871aae3f4b8e6ac6258cdbf16e3a93947

(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.

cb870ff9a1fcab66d61511d5a43192860a32a48548850e845ab738b7e8b50a97

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

ae07998a9516ec63a6b98746c42936bdc4c8745a47c9956cbb919655b20c8382

(a) In General.--Chapter 11 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 226. Bribery affecting port security
``(a) In General.--Whoever knowingly--
``(1) directly or indirectly, corruptly gives, offers, or
promises anything of value to any public or private person, with
intent to commit international terrorism or domestic terrorism (as
those terms are defined under section 2331), to--
``(A) influence any action or any person to commit or aid
in committing, or collude in, or allow, any fraud, or make
opportunity for the commission of any fraud affecting any
secure or restricted area or seaport; or
``(B) induce any official or person to do or omit to do any
act in violation of the lawful duty of such official or person
that affects any secure or restricted area or seaport; or
``(2) directly or indirectly, corruptly demands, seeks,
receives, accepts, or agrees to receive or accept anything of value
personally or for any other person or entity in return for--
``(A) being influenced in the performance of any official
act affecting any secure or restricted area or seaport; and
``(B) knowing that such influence will be used to commit,
or plan to commit, international or domestic terrorism,
shall be fined under this title or imprisoned not more than 15 years,
or both.
``(b) Definition.--In this section, the term `secure or restricted
area' means an area of a vessel or facility designated as secure in an
approved security plan, as required under section 70103 of title 46,
United States Code, and the rules and regulations promulgated under
that section.''.
(b) Conforming Amendment.--The table of sections for chapter 11 of
title 18, United States Code, is amended by adding at the end the
following:
``226. Bribery affecting port security.''.

3b13b7c3aef1efa880168aa36d9fc72948d74ca2ad3c2fc32560b135cf388009

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

b08dc97d74b86a8bd400ff24423926b2475f555be724612ae6d11abac36ceb40

(a) In General.--Chapter 27 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 554. Smuggling goods from the United States
``(a) In General.--Whoever fraudulently or knowingly exports or
sends from the United States, or attempts to export or send from the
United States, any merchandise, article, or object contrary to any law
or regulation of the United States, or receives, conceals, buys, sells,
or in any manner facilitates the transportation, concealment, or sale
of such merchandise, article or object, prior to exportation, knowing
the same to be intended for exportation contrary to any law or
regulation of the United States, shall be fined under this title,
imprisoned not more than 10 years, or both.
``(b) Definition.--In this section, the term `United States' has
the meaning given that term in section 545.''.
(b) Conforming Amendment.--The chapter analysis for chapter 27 of
title 18, United States Code, is amended by adding at the end the
following:
``554. Smuggling goods from the United States.''.
(c) Specified Unlawful Activity.--Section 1956(c)(7)(D) of title
18, United States Code, is amended by inserting ``section 554 (relating
to smuggling goods from the United States),'' before ``section 641
(relating to public money, property, or records),''.
(d) Tariff Act of 1990.--Section 596 of the Tariff Act of 1930 (19
U.S.C. 1595a) is amended by adding at the end the following:
``(d) Merchandise exported or sent from the United States or
attempted to be exported or sent from the United States contrary to
law, or the proceeds or value thereof, and property used to facilitate
the exporting or sending of such merchandise, the attempted exporting
or sending of such merchandise, or the receipt, purchase,
transportation, concealment, or sale of such merchandise prior to
exportation shall be seized and forfeited to the United States.''.
(e) Removing Goods From Customs Custody.--Section 549 of title 18,
United States Code, is amended in the 5th paragraph by striking ``two
years'' and inserting ``10 years''.

902556bf1834ada0581785a11068a4592b09568ccf86f1c449d4b957b457d4a1

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

caad70cad10b45a53020121bc8c1f2e121c86531da86bbb8c135e810634e5ea5

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''.

2a35af976888a5d3f9461c689582651b290103ed747f495965bf0e4ef060e3ae

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

7214fb3336de1769e2644166593364b2f07562f6c04bbe146cd7350c59c2eec1

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

54d1e263cb1311edb81e549c06c0b93887d704dc960e5cca1695baa349e3ebe8

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.''.

fed6e6e278d676fec8cc2cbc13f26513f6fcee0a8c6f383e1ec38a8e9bc396bd

PATRIOT ACT.
(a) Technical Corrections.--
(1) Section 322 of Public Law 107-56 is amended by striking
``title 18'' and inserting ``title 28''.
(2) Section 1956(b)(3) and (4) of title 18, United States Code,
are amended by striking ``described in paragraph (2)'' each time it
appears; and
(3) Section 981(k) of title 18, United States Code, is amended
by striking ``foreign bank'' each time it appears and inserting
``foreign financial institution (as defined in section 984(c)(2)(A)
of this title)''.
(b) Codification of Section 316 of the USA PATRIOT Act.--
(1) Chapter 46 of title 18, United States Code, is amended--
(A) in the chapter analysis, by inserting at the end the
following:
``987. Anti-terrorist forfeiture protection.'';
and
(B) by inserting at the end the following:
``Sec. 987. Anti-terrorist forfeiture protection
``(a) Right to Contest.--An owner of property that is confiscated
under any provision of law relating to the confiscation of assets of
suspected international terrorists, may contest that confiscation by
filing a claim in the manner set forth in the Federal Rules of Civil
Procedure (Supplemental Rules for Certain Admiralty and Maritime
Claims), and asserting as an affirmative defense that--
``(1) the property is not subject to confiscation under such
provision of law; or
``(2) the innocent owner provisions of section 983(d) of title
18, United States Code, apply to the case.
``(b) Evidence.--In considering a claim filed under this section, a
court may admit evidence that is otherwise inadmissible under the
Federal Rules of Evidence, if the court determines that the evidence is
reliable, and that compliance with the Federal Rules of Evidence may
jeopardize the national security interests of the United States.
``(c) Clarifications.--
``(1) Protection of rights.--The exclusion of certain
provisions of Federal law from the definition of the term `civil
forfeiture statute' in section 983(i) of title 18, United States
Code, shall not be construed to deny an owner of property the right
to contest the confiscation of assets of suspected international
terrorists under--
``(A) subsection (a) of this section;
``(B) the Constitution; or
``(C) subchapter II of chapter 5 of title 5, United States
Code (commonly known as the `Administrative Procedure Act').
``(2) Savings clause.--Nothing in this section shall limit or
otherwise affect any other remedies that may be available to an
owner of property under section 983 of title 18, United States
Code, or any other provision of law.''.
(2) Subsections (a), (b), and (c) of section 316 of Public Law
107-56 are repealed.
(c) Conforming Amendments Concerning Conspiracies.--
(1) Section 33(a) of title 18, United States Code is amended by
inserting ``or conspires'' before ``to do any of the aforesaid
acts''.
(2) Section 1366(a) of title 18, United States Code, is
amended--
(A) by striking ``attempts'' each time it appears and
inserting ``attempts or conspires''; and
(B) by inserting ``, or if the object of the conspiracy had
been achieved,'' after ``the attempted offense had been
completed''.

355e7b409b6817af5639d8b93a2038c83a60d90afa8f5023c531f852facf701b

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''.

699e555ef555cece7276c0a30a6c69e238c004b2af860d74ead76f94dbf546ff

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

dc685153de4ebebcac7c7dbcbbac091887f06ed8f6802811143a598fc79dac13

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

743ac8949ffc861098a0c92350ca1b9ab3e8962bffd96db8ba891d8bfb7d26da

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

029b96285cadebf6c90f4e15cb19513ea0af8b1161f7c4ec719c2f4822b07648

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.

0e80530e1480e3e13419e8723d9bd005f9e64876a838d1caaa09f5685a7b995e

USA PATRIOT Improvement and Reauthorization Act of 2005

Other Sections