USA PATRIOT Improvement and Reauthorization Act of 2005 (Pub. L. 109-177)

PUBLIC LAW 109–177—MAR. 9, 2006

USA PATRIOT IMPROVEMENT AND
REAUTHORIZATION ACT OF 2005

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120 STAT. 192

PUBLIC LAW 109–177—MAR. 9, 2006

Public Law 109–177
109th Congress
An Act
Mar. 9, 2006
[H.R. 3199]
USA PATRIOT
Improvement
and
Reauthorization
Act of 2005.
18 USC 1801
note.

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

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.—This Act may be cited as the ‘‘USA PATRIOT
Improvement and Reauthorization Act of 2005’’.
(b) TABLE OF CONTENTS.—The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I—USA PATRIOT IMPROVEMENT AND REAUTHORIZATION ACT
Sec. 101. References to, and modification of short title for, USA PATRIOT Act.
Sec. 102. USA PATRIOT Act sunset provisions.
Sec. 103. Extension of sunset relating to individual terrorists as agents of foreign
powers.
Sec. 104. Section 2332b and the material support sections of title 18, United States
Code.
Sec. 105. Duration of FISA surveillance of non-United States persons under section
207 of the USA PATRIOT Act.
Sec. 106. Access to certain business records under section 215 of the USA PATRIOT Act.
Sec. 106A. Audit on access to certain business records for foreign intelligence purposes.
Sec. 107. Enhanced oversight of good-faith emergency disclosures under section 212
of the USA PATRIOT Act.
Sec. 108. Multipoint electronic surveillance under section 206 of the USA PATRIOT
Act.
Sec. 109. Enhanced congressional oversight.
Sec. 110. Attacks against railroad carriers and mass transportation systems.
Sec. 111. Forfeiture.
Sec. 112. Section 2332b(g)(5)(B) amendments relating to the definition of Federal
crime of terrorism.
Sec. 113. Amendments to section 2516(1) of title 18, United States Code.
Sec. 114. Delayed notice search warrants.
Sec. 115. Judicial review of national security letters.
Sec. 116. Confidentiality of national security letters.
Sec. 117. Violations of nondisclosure provisions of national security letters.
Sec. 118. Reports on national security letters.
Sec. 119. Audit of use of national security letters.
Sec. 120. Definition for forfeiture provisions under section 806 of the USA PATRIOT Act.
Sec. 121. Penal provisions regarding trafficking in contraband cigarettes or smokeless tobacco.
Sec. 122. Prohibition of narco-terrorism.
Sec. 123. Interfering with the operation of an aircraft.
Sec. 124. Sense of Congress relating to lawful political activity.
Sec. 125. Removal of civil liability barriers that discourage the donation of fire
equipment to volunteer fire companies.
Sec. 126. Report on data-mining activities.
Sec. 127. Sense of Congress.
Sec. 128. USA PATRIOT Act section 214; authority for disclosure of additional information in connection with orders for pen register and trap and trace
authority under FISA.

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PUBLIC LAW 109–177—MAR. 9, 2006

120 STAT. 193

TITLE II—TERRORIST DEATH PENALTY ENHANCEMENT
Sec. 201. Short title.
Subtitle A—Terrorist penalties enhancement Act
Sec. 211. Death penalty procedures for certain air piracy cases occurring before enactment of the Federal Death Penalty Act of 1994.
Sec. 212. Postrelease supervision of terrorists.
Subtitle B—Federal Death Penalty Procedures
Sec. 221. Elimination of procedures applicable only to certain Controlled Substances Act cases.
Sec. 222. Counsel for financially unable defendants.
TITLE III—REDUCING CRIME AND TERRORISM AT AMERICA’S SEAPORTS
Sec. 301. Short title.
Sec. 302. Entry by false pretenses to any seaport.
Sec. 303. Criminal sanctions for failure to heave to, obstruction of boarding, or providing false information.
Sec. 304. Criminal sanctions for violence against maritime navigation, placement of
destructive devices.
Sec. 305. Transportation of dangerous materials and terrorists.
Sec. 306. Destruction of, or interference with, vessels or maritime facilities.
Sec. 307. Theft of interstate or foreign shipments or vessels.
Sec. 308. Stowaways on vessels or aircraft.
Sec. 309. Bribery affecting port security.
Sec. 310. Penalties for smuggling goods into the United States.
Sec. 311. Smuggling goods from the United States.
Sec.
Sec.
Sec.
Sec.

401.
402.
403.
404.

Sec. 405.
Sec. 406.
Sec.
Sec.
Sec.
Sec.

407.
408.
409.
410.

TITLE IV—COMBATING TERRORISM FINANCING
Short title.
Increased penalties for terrorism financing.
Terrorism-related specified activities for money laundering.
Assets of persons committing terrorist acts against foreign countries or
international organizations.
Money laundering through hawalas.
Technical and conforming amendments relating to the USA PATRIOT
Act.
Cross reference correction.
Amendment to amendatory language.
Designation of additional money laundering predicate.
Uniform procedures for criminal forfeiture.

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

601.
602.
603.
604.

Sec.
Sec.
Sec.
Sec.

605.
606.
607.
608.

TITLE VI—SECRET SERVICE
Short title.
Interference with national special security events.
False credentials to national special security events.
Forensic and investigative support of missing and exploited children
cases.
The Uniformed Division, United States Secret Service.
Savings provisions.
Maintenance as distinct entity.
Exemptions from the Federal Advisory Committee Act.

TITLE VII—COMBAT METHAMPHETAMINE EPIDEMIC ACT OF 2005
Sec. 701. Short title.
Subtitle A—Domestic regulation of precursor chemicals
Sec. 711. Scheduled listed chemical products; restrictions on sales quantity, behindthe-counter access, and other safeguards.

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120 STAT. 194

PUBLIC LAW 109–177—MAR. 9, 2006

Sec.
Sec.
Sec.
Sec.

712.
713.
714.
715.

Regulated transactions.
Authority to establish production quotas.
Penalties; authority for manufacturing; quota.
Restrictions on importation; authority to permit imports for medical, scientific, or other legitimate purposes.
Sec. 716. Notice of importation or exportation; approval of sale or transfer by importer or exporter.
Sec. 717. Enforcement of restrictions on importation and of requirement of notice
of transfer.
Sec. 718. Coordination with United States Trade Representative.
Subtitle B—International regulation of precursor chemicals
Sec. 721. Information on foreign chain of distribution; import restrictions regarding
failure of distributors to cooperate.
Sec. 722. Requirements relating to the largest exporting and importing countries of
certain precursor chemicals.
Sec. 723. Prevention of smuggling of methamphetamine into the United States
from Mexico.
Subtitle C—Enhanced criminal penalties for methamphetamine production and
trafficking
Sec. 731. Smuggling methamphetamine or methamphetamine precursor chemicals
into the United States while using facilitated entry programs.
Sec. 732. Manufacturing controlled substances on Federal property.
Sec. 733. Increased punishment for methamphetamine kingpins.
Sec. 734. New child-protection criminal enhancement.
Sec. 735. Amendments to certain sentencing court reporting requirements.
Sec. 736. Semiannual reports to Congress.
Subtitle D—Enhanced environmental regulation of methamphetamine byproducts
Sec. 741. Biennial report to Congress on agency designations of by-products of
methamphetamine laboratories as hazardous materials.
Sec. 742. Methamphetamine production report.
Sec. 743. Cleanup costs.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

751.
752.
753.
754.
755.
756.

Subtitle E—Additional programs and activities
Improvements to Department of Justice drug court grant program.
Drug courts funding.
Feasibility study on Federal drug courts.
Grants to hot spot areas to reduce availability of methamphetamine.
Grants for programs for drug-endangered children.
Authority to award competitive grants to address methamphetamine use
by pregnant and parenting women offenders.

TITLE I—USA PATRIOT IMPROVEMENT
AND REAUTHORIZATION ACT
SEC. 101. REFERENCES TO, AND MODIFICATION OF SHORT TITLE FOR,
USA PATRIOT ACT.

18 USC 1 note.

(a) REFERENCES TO USA PATRIOT ACT.—A reference in this
Act to the USA PATRIOT Act shall be deemed a reference to
the Uniting and Strengthening America by Providing Appropriate
Tools Required to Intercept and Obstruct Terrorism Act (USA
PATRIOT Act) of 2001.
(b) MODIFICATION OF SHORT TITLE OF USA PATRIOT ACT.—
Section 1(a) of the USA PATRIOT Act is amended to read as
follows:
‘‘(a) SHORT TITLE.—This Act may be cited as the ‘Uniting and
Strengthening America by Providing Appropriate Tools Required
to Intercept and Obstruct Terrorism Act of 2001’ or the ‘USA
PATRIOT Act’.’’.
SEC. 102. USA PATRIOT ACT SUNSET PROVISIONS.

18 USC 2510
note.

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(a) IN GENERAL.—Section 224 of the USA PATRIOT Act is
repealed.

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PUBLIC LAW 109–177—MAR. 9, 2006

120 STAT. 195

(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.

Effective date.
50 USC 1805 and
note, 1861, 1862.

SEC. 103. EXTENSION OF SUNSET RELATING TO INDIVIDUAL TERRORISTS AS AGENTS OF FOREIGN POWERS.

Section 6001(b) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (Public Law 108–458; 118 Stat. 3742) is
amended to read as follows:
‘‘(b) SUNSET.—
‘‘(1) IN GENERAL.—Except as provided in paragraph (2),
the amendment made by subsection (a) shall cease to have
effect on December 31, 2009.
‘‘(2) EXCEPTION.—With respect to any particular foreign
intelligence investigation that began before the date on which
the provisions referred to in paragraph (1) cease to have effect,
or with respect to any particular offense or potential offense
that began or occurred before the date on which the provisions
cease to have effect, such provisions shall continue in effect.’’.

50 USC 1801
note.

SEC. 104. SECTION 2332b AND THE MATERIAL SUPPORT SECTIONS OF
TITLE 18, UNITED STATES CODE.

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

18 USC 2332b
note.

SEC. 105. DURATION OF FISA SURVEILLANCE OF NON-UNITED STATES
PERSONS UNDER SECTION 207 OF THE USA PATRIOT ACT.

(a) ELECTRONIC SURVEILLANCE.—Section 105(e) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1805(e)) is
amended—
(1) in paragraph (1)(B), by striking ‘‘, as defined in section
101(b)(1)(A)’’ and inserting ‘‘who is not a United States person’’;
and
(2) in subsection (2)(B), by striking ‘‘as defined in section
101(b)(1)(A)’’ and inserting ‘‘who is not a United States person’’.
(b) PHYSICAL SEARCH.—Section 304(d) of such Act (50 U.S.C.
1824(d)) is amended—
(1) in paragraph (1)(B), by striking ‘‘as defined in section
101(b)(1)(A)’’ and inserting ‘‘who is not a United States person’’;
and
(2) in paragraph (2), by striking ‘‘as defined in section
101(b)(1)(A)’’ and inserting ‘‘who is not a United States person’’.
(c) PEN REGISTERS, TRAP AND TRACE DEVICES.—Section 402(e)
of such Act (50 U.S.C. 1842(e)) is amended—
(1) by striking ‘‘(e) An’’ and inserting ‘‘(e)(1) Except as
provided in paragraph (2), an’’; and
(2) by adding at the end the following new paragraph:
‘‘(2) In the case of an application under subsection (c) where
the applicant has certified that the information likely to be obtained

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120 STAT. 196

PUBLIC LAW 109–177—MAR. 9, 2006

is foreign intelligence information not concerning a United States
person, an order, or an extension of an order, under this section
may be for a period not to exceed one year.’’.
SEC. 106. ACCESS TO CERTAIN BUSINESS RECORDS UNDER SECTION
215 OF THE USA PATRIOT ACT.

(a) DIRECTOR APPROVAL FOR CERTAIN APPLICATIONS.—Subsection (a) of section 501 of the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1861(a)) is amended—
(1) in paragraph (1), by striking ‘‘The Director’’ and
inserting ‘‘Subject to paragraph (3), the Director’’; and
(2) by adding at the end the following:
‘‘(3) In the case of an application for an order requiring
the production of library circulation records, library patron
lists, book sales records, book customer lists, firearms sales
records, tax return records, educational records, or medical
records containing information that would identify a person,
the Director of the Federal Bureau of Investigation may delegate the authority to make such application to either the
Deputy Director of the Federal Bureau of Investigation or the
Executive Assistant Director for National Security (or any successor position). The Deputy Director or the Executive Assistant
Director may not further delegate such authority.’’.
(b) FACTUAL BASIS FOR REQUESTED ORDER.—Subsection (b)(2)
of such section is amended to read as follows:
‘‘(2) shall include—
‘‘(A) a statement of facts showing that there are reasonable grounds to believe that the tangible things sought
are relevant to an authorized investigation (other than
a threat assessment) conducted in accordance with subsection (a)(2) to obtain foreign intelligence information not
concerning a United States person or to protect against
international terrorism or clandestine intelligence activities, such things being presumptively relevant to an authorized investigation if the applicant shows in the statement
of the facts that they pertain to—
‘‘(i) a foreign power or an agent of a foreign power;
‘‘(ii) the activities of a suspected agent of a foreign
power who is the subject of such authorized investigation; or
‘‘(iii) an individual in contact with, or known to,
a suspected agent of a foreign power who is the subject
of such authorized investigation; and
‘‘(B) an enumeration of the minimization procedures
adopted by the Attorney General under subsection (g) that
are applicable to the retention and dissemination by the
Federal Bureau of Investigation of any tangible things
to be made available to the Federal Bureau of Investigation
based on the order requested in such application.’’.
(c) CLARIFICATION OF JUDICIAL DISCRETION.—Subsection (c)(1)
of such section is amended to read as follows:
‘‘(c)(1) Upon an application made pursuant to this section, if
the judge finds that the application meets the requirements of
subsections (a) and (b), the judge shall enter an ex parte order
as requested, or as modified, approving the release of tangible
things. Such order shall direct that minimization procedures
adopted pursuant to subsection (g) be followed.’’.

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(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

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Deadline.
Publication.
Procedures.

Deadline.

Records.

Records.

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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:

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‘‘(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

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Reports.

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PUBLIC LAW 109–177—MAR. 9, 2006

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

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120 STAT. 201

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

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PUBLIC LAW 109–177—MAR. 9, 2006

Committee on Intelligence of the Senate a report containing
the results of the audit conducted under this section for calendar years 2005 and 2006.
(d) PRIOR NOTICE TO ATTORNEY GENERAL AND DIRECTOR OF
NATIONAL INTELLIGENCE; COMMENTS.—
(1) NOTICE.—Not less than 30 days before the submission
of a report under subsection (c)(1) or (c)(2), the Inspector General of the Department of Justice shall provide such report
to the Attorney General and the Director of National Intelligence.
(2) COMMENTS.—The Attorney General or the Director of
National Intelligence may provide comments to be included
in the reports submitted under subsections (c)(1) and (c)(2)
as the Attorney General or the Director of National Intelligence
may consider necessary.
(e) UNCLASSIFIED FORM.—The reports submitted under subsections (c)(1) and (c)(2) and any comments included under subsection (d)(2) shall be in unclassified form, but may include a
classified annex.
SEC.

107.

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

(a) ENHANCED OVERSIGHT.—Section 2702 of title 18, United
States Code, is amended by adding at the end the following:
‘‘(d) REPORTING OF EMERGENCY DISCLOSURES.—On an annual
basis, the Attorney General shall submit to the Committee on
the Judiciary of the House of Representatives and the Committee
on the Judiciary of the Senate a report containing—
‘‘(1) the number of accounts from which the Department
of Justice has received voluntary disclosures under subsection
(b)(8); and
‘‘(2) a summary of the basis for disclosure in those instances
where—
‘‘(A) voluntary disclosures under subsection (b)(8) were
made to the Department of Justice; and
‘‘(B) the investigation pertaining to those disclosures
was closed without the filing of criminal charges.’’.
(b) TECHNICAL AMENDMENTS TO CONFORM COMMUNICATIONS
AND CUSTOMER RECORDS EXCEPTIONS.—
(1) VOLUNTARY DISCLOSURES.—Section 2702 of title 18,
United States Code, is amended—
(A) in subsection (b)(8), by striking ‘‘Federal, State,
or local’’; and
(B) by striking paragraph (4) of subsection (c) and
inserting the following:
‘‘(4) to a governmental entity, if the provider, in good faith,
believes that an emergency involving danger of death or serious
physical injury to any person requires disclosure without delay
of information relating to the emergency;’’.
(2) DEFINITIONS.—Section 2711 of title 18, United States
Code, is amended—
(A) in paragraph (2), by striking ‘‘and’’ at the end;
(B) in paragraph (3), by striking the period at the
end and inserting ‘‘; and’’; and
(C) by adding at the end the following:

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120 STAT. 203

‘‘(4) the term ‘governmental entity’ means a department
or agency of the United States or any State or political subdivision thereof.’’.
(c) ADDITIONAL EXCEPTION.—Section 2702(a) of title 18, United
States Code, is amended by inserting ‘‘or (c)’’ after ‘‘Except as
provided in subsection (b)’’.
SEC. 108. MULTIPOINT ELECTRONIC SURVEILLANCE UNDER SECTION
206 OF THE USA PATRIOT ACT.

(a) INCLUSION OF SPECIFIC FACTS IN APPLICATION.—
(1) APPLICATION.—Section 104(a)(3) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1804(a)(3)) is
amended by inserting ‘‘specific’’ after ‘‘description of the’’.
(2) ORDER.—Subsection (c) of section 105 of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1805(c)) is
amended—
(A) in paragraph (1)(A) by striking ‘‘target of the electronic surveillance’’ and inserting ‘‘specific target of the
electronic surveillance identified or described in the
application pursuant to section 104(a)(3)’’; and
(B) in paragraph (2)(B), by striking ‘‘where the Court
finds’’ and inserting ‘‘where the Court finds, based upon
specific facts provided in the application,’’.
(b) ADDITIONAL DIRECTIONS.—Such subsection is further
amended—
(1) by striking ‘‘An order approving’’ and all that follows
through ‘‘specify’’ and inserting ‘‘(1) SPECIFICATIONS.—An order
approving an electronic surveillance under this section shall
specify’’;
(2) in paragraph (1)(F), by striking ‘‘; and’’ and inserting
a period;
(3) in paragraph (2), by striking ‘‘direct’’ and inserting
‘‘DIRECTIONS.—An order approving an electronic surveillance
under this section shall direct’’; and
(4) by adding at the end the following new paragraph:
‘‘(3) SPECIAL DIRECTIONS FOR CERTAIN ORDERS.—An order
approving an electronic surveillance under this section in circumstances where the nature and location of each of the facilities or places at which the surveillance will be directed is
unknown shall direct the applicant to provide notice to the
court within ten days after the date on which surveillance
begins to be directed at any new facility or place, unless the
court finds good cause to justify a longer period of up to 60
days, of—
‘‘(A) the nature and location of each new facility or
place at which the electronic surveillance is directed;
‘‘(B) the facts and circumstances relied upon by the
applicant to justify the applicant’s belief that each new
facility or place at which the electronic surveillance is
directed is or was being used, or is about to be used,
by the target of the surveillance;
‘‘(C) a statement of any proposed minimization procedures that differ from those contained in the original
application or order, that may be necessitated by a change
in the facility or place at which the electronic surveillance
is directed; and

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PUBLIC LAW 109–177—MAR. 9, 2006
‘‘(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 Intel-

ligence Surveillance Act of 1978 (50 U.S.C. 1808(a)) is amended
to read as follows:
‘‘(2) Each report under the first sentence of paragraph
(1) shall include a description of—
‘‘(A) the total number of applications made for orders
and extensions of orders approving electronic surveillance
under this title where the nature and location of each
facility or place at which the electronic surveillance will
be directed is unknown;
‘‘(B) each criminal case in which information acquired
under this Act has been authorized for use at trial during
the period covered by such report; and
‘‘(C) the total number of emergency employments of
electronic surveillance under section 105(f) and the total
number of subsequent orders approving or denying such
electronic surveillance.’’.
SEC. 109. ENHANCED CONGRESSIONAL OVERSIGHT.

(a) EMERGENCY PHYSICAL SEARCHES.—Section 306 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1826) is
amended—
(1) in the first sentence, by inserting ‘‘, and the Committee
on the Judiciary of the Senate,’’ after ‘‘the Senate’’;
(2) in the second sentence, by striking ‘‘and the Committees
on the Judiciary of the House of Representatives and the
Senate’’ and inserting ‘‘and the Committee on the Judiciary
of the House of Representatives’’;
(3) in paragraph (2), by striking ‘‘and’’ at the end;
(4) in paragraph (3), by striking the period at the end
and inserting ‘‘; and’’; and
(5) by adding at the end the following:
‘‘(4) the total number of emergency physical searches
authorized by the Attorney General under section 304(e) and
the total number of subsequent orders approving or denying
such physical searches.’’.
(b) EMERGENCY PEN REGISTERS AND TRAP AND TRACE
DEVICES.—Section 406(b) of the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1846(b)) is amended—
(1) in paragraph (1), by striking ‘‘and’’ at the end;
(2) in paragraph (2), by striking the period at the end
and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(3) the total number of pen registers and trap and trace
devices whose installation and use was authorized by the
Attorney General on an emergency basis under section 403,
and the total number of subsequent orders approving or denying

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120 STAT. 205

the installation and use of such pen registers and trap and
trace devices.’’.
(c) ADDITIONAL REPORT.—At the beginning and midpoint of
each fiscal year, the Secretary of Homeland Security shall submit
to the Committees on the Judiciary of the House of Representatives
and the Senate, a written report providing a description of internal
affairs operations at U.S. Citizenship and Immigration Services,
including the general state of such operations and a detailed
description of investigations that are being conducted (or that were
conducted during the previous six months) and the resources
devoted to such investigations. The first such report shall be submitted not later than April 1, 2006.
(d) RULES AND PROCEDURES FOR FISA COURTS.—Section 103
of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1803) is amended by adding at the end the following:
‘‘(f)(1) The courts established pursuant to subsections (a) and
(b) may establish such rules and procedures, and take such actions,
as are reasonably necessary to administer their responsibilities
under this Act.
‘‘(2) The rules and procedures established under paragraph
(1), and any modifications of such rules and procedures, shall be
recorded, and shall be transmitted to the following:
‘‘(A) All of the judges on the court established pursuant
to subsection (a).
‘‘(B) All of the judges on the court of review established
pursuant to subsection (b).
‘‘(C) The Chief Justice of the United States.
‘‘(D) The Committee on the Judiciary of the Senate.
‘‘(E) The Select Committee on Intelligence of the Senate.
‘‘(F) The Committee on the Judiciary of the House of Representatives.
‘‘(G) The Permanent Select Committee on Intelligence of
the House of Representatives.
‘‘(3) The transmissions required by paragraph (2) shall be submitted in unclassified form, but may include a classified annex.’’.
SEC.

110.

ATTACKS AGAINST RAILROAD
TRANSPORTATION SYSTEMS.

CARRIERS

AND

8 USC 1107.

MASS

(a) IN GENERAL.—Chapter 97 of title 18, United States Code,
is amended by striking sections 1992 through 1993 and inserting
the following:
‘‘§ 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 ontrack equipment or a mass transportation vehicle;
‘‘(2) places any biological agent or toxin, destructive substance, or destructive device in, upon, or near railroad ontrack 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;

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‘‘(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 highwayrailroad 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—

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‘‘(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 21⁄2 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

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PUBLIC LAW 109–177—MAR. 9, 2006
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),’’.

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120 STAT. 209

SEC. 111. FORFEITURE.

Section 981(a)(1)(B)(i) of title 18, United States Code, is
amended by inserting ‘‘trafficking in nuclear, chemical, biological,
or radiological weapons technology or material, or’’ after ‘‘involves’’.
SEC. 112. SECTION 2332b(g)(5)(B) AMENDMENTS RELATING TO THE
DEFINITION OF FEDERAL CRIME OF TERRORISM.

(a) ADDITIONAL OFFENSES.—Section 2332b(g)(5)(B) of title 18,
United States Code, is amended—
(1) in clause (i), by inserting ‘‘, 2339D (relating to militarytype training from a foreign terrorist organization)’’ before ‘‘,
or 2340A’’;
(2) in clause (ii), by striking ‘‘or’’ after the semicolon;
(3) in clause (iii), by striking the period and inserting
‘‘; or’’; and
(4) by inserting after clause (iii) the following:
‘‘(iv) section 1010A of the Controlled Substances
Import and Export Act (relating to narco-terrorism).’’.
(b) CLERICAL CORRECTION.—Section 2332b(g)(5)(B) of title 18,
United States Code, is amended by inserting ‘‘)’’ after ‘‘2339C
(relating to financing of terrorism’’.
SEC. 113. AMENDMENTS TO SECTION 2516(1) OF TITLE 18, UNITED
STATES CODE.

(a) PARAGRAPH (a) AMENDMENT.—Section 2516(1)(a) of title 18,
United States Code, is amended by inserting ‘‘chapter 10 (relating
to biological weapons)’’ after ‘‘under the following chapters of this
title:’’.
(b) PARAGRAPH (c) AMENDMENT.—Section 2516(1)(c) of title 18,
United States Code, is amended—
(1) by inserting ‘‘section 37 (relating to violence at international airports), section 43 (relating to animal enterprise
terrorism),’’ after ‘‘the following sections of this title:’’;
(2) by inserting ‘‘section 832 (relating to nuclear and
weapons of mass destruction threats), section 842 (relating
to explosive materials), section 930 (relating to possession of
weapons in Federal facilities),’’ after ‘‘section 751 (relating to
escape),’’;
(3) by inserting ‘‘section 1114 (relating to officers and
employees of the United States), section 1116 (relating to
protection of foreign officials),’’ after ‘‘section 1014 (relating
to loans and credit applications generally; renewals and discounts),’’;
(4) by inserting ‘‘section 1992 (relating to terrorist attacks
against mass transportation),’’ after ‘‘section 1344 (relating to
bank fraud),’’;
(5) by inserting ‘‘section 2340A (relating to torture),’’ after
‘‘section 2321 (relating to trafficking in certain motor vehicles
or motor vehicle parts),’’;
(6) by inserting ‘‘section 81 (arson within special maritime
and territorial jurisdiction),’’ before ‘‘section 201 (bribery of
public officials and witnesses)’’; and
(7) by inserting ‘‘section 956 (conspiracy to harm persons
or property overseas),’’ after ‘‘section 175c (relating to variola
virus)’’.
(c) PARAGRAPH (g) AMENDMENT.—Section 2516(1)(g) of title 18,
United States Code, is amended by inserting before the semicolon

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‘‘, or section 5324 of title 31, United States Code (relating to structuring transactions to evade reporting requirement prohibited)’’.
(d) PARAGRAPH (j) AMENDMENT.—Section 2516(1)(j) of title 18,
United States Code, is amended—
(1) by striking ‘‘or’’ before ‘‘section 46502 (relating to aircraft piracy)’’ and inserting a comma after ‘‘section 60123(b)
(relating to the destruction of a natural gas pipeline’’; and
(2) by inserting ‘‘, the second sentence of section 46504
(relating to assault on a flight crew with dangerous weapon),
or section 46505(b)(3) or (c) (relating to explosive or incendiary
devices, or endangerment of human life, by means of weapons
on aircraft)’’ before ‘‘of title 49’’.
(e) PARAGRAPH (p) AMENDMENT.—Section 2516(1)(p) of title 18,
United States Code, is amended by inserting ‘‘, section 1028A
(relating to aggravated identity theft)’’ after ‘‘other documents’’.
(f) PARAGRAPH (q) AMENDMENT.—Section 2516(1)(q) of title 18,
United States Code, is amended—
(1) by inserting ‘‘2339’’ after ‘‘2232h’’;
(2) by striking ‘‘or’’ before ‘‘2339C’’; and
(3) by inserting ‘‘, or 2339D’’ after ‘‘2339C’’.
(g) AMENDMENT OF PREDICATE CRIMES FOR AUTHORIZATION FOR
INTERCEPTION OF WIRE, ORAL, AND ELECTRONIC COMMUNICATIONS.—Section 2516(1) of title 18, United State Code, is amended—
(1) in subparagraph (q), by striking ‘‘or’’ after the semicolon;
(2) by redesignating subparagraph (r) as subparagraph (s);
and
(3) by adding after subparagraph (q) the following:
‘‘(r) any criminal violation of section 1 (relating to illegal
restraints of trade or commerce), 2 (relating to illegal monopolizing of trade or commerce), or 3 (relating to illegal restraints
of trade or commerce in territories or the District of Columbia)
of the Sherman Act (15 U.S.C. 1, 2, 3); or’’.
SEC. 114. DELAYED NOTICE SEARCH WARRANTS.

(a) LIMITATION ON REASONABLE PERIOD FOR DELAY.—Section
3103a of title 18, United States Code, is amended—
(1) by striking subsection (b)(3) and inserting the following:
‘‘(3) the warrant provides for the giving of such notice
within a reasonable period not to exceed 30 days after the
date of its execution, or on a later date certain if the facts
of the case justify a longer period of delay.’’.
(2) by adding at the end the following:
‘‘(c) EXTENSIONS OF DELAY.—Any period of delay authorized
by this section may be extended by the court for good cause shown,
subject to the condition that extensions should only be granted
upon an updated showing of the need for further delay and that
each additional delay should be limited to periods of 90 days or
less, unless the facts of the case justify a longer period of delay.’’.
(b) LIMITATION ON AUTHORITY TO DELAY NOTICE.—Section
3103a(b)(1) of title 18, United States Code, is amended by inserting
‘‘, except if the adverse results consist only of unduly delaying
a trial’’ after ‘‘2705’’.
(c) ENHANCED OVERSIGHT.—Section 3103a of title 18, United
States Code, is further amended by adding at the end the following:
‘‘(d) REPORTS.—
‘‘(1) REPORT BY JUDGE.—Not later than 30 days after the
expiration of a warrant authorizing delayed notice (including

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any extension thereof) entered under this section, or the denial
of such warrant (or request for extension), the issuing or
denying judge shall report to the Administrative Office of the
United States Courts—
‘‘(A) the fact that a warrant was applied for;
‘‘(B) the fact that the warrant or any extension thereof
was granted as applied for, was modified, or was denied;
‘‘(C) the period of delay in the giving of notice authorized by the warrant, and the number and duration of
any extensions; and
‘‘(D) the offense specified in the warrant or application.
‘‘(2) REPORT BY ADMINISTRATIVE OFFICE OF THE UNITED
STATES COURTS.—Beginning with the fiscal year ending September 30, 2007, the Director of the Administrative Office
of the United States Courts shall transmit to Congress annually
a full and complete report summarizing the data required to
be filed with the Administrative Office by paragraph (1),
including the number of applications for warrants and extensions of warrants authorizing delayed notice, and the number
of such warrants and extensions granted or denied during
the preceding fiscal year.
‘‘(3) REGULATIONS.—The Director of the Administrative
Office of the United States Courts, in consultation with the
Attorney General, is authorized to issue binding regulations
dealing with the content and form of the reports required
to be filed under paragraph (1).’’.
SEC. 115. JUDICIAL REVIEW OF NATIONAL SECURITY LETTERS.

Chapter 223 of title 18, United States Code, is amended—
(1) by inserting at the end of the table of sections the
following new item:
‘‘3511. Judicial review of requests for information.’’;

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

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PUBLIC LAW 109–177—MAR. 9, 2006

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

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the aid of any district court of the United States within the jurisdiction in which the investigation is carried on or the person or
entity resides, carries on business, or may be found, to compel
compliance with the request. The court may issue an order requiring
the person or entity to comply with the request. Any failure to
obey the order of the court may be punished by the court as
contempt thereof. Any process under this section may be served
in any judicial district in which the person or entity may be found.
‘‘(d) In all proceedings under this section, subject to any right
to an open hearing in a contempt proceeding, the court must close
any hearing to the extent necessary to prevent an unauthorized
disclosure of a request for records, a report, or other information
made to any person or entity under section 2709(b) of this title,
section 626(a) or (b) or 627(a) of the Fair Credit Reporting Act,
section 1114(a)(5)(A) of the Right to Financial Privacy Act, or section
802(a) of the National Security Act of 1947. Petitions, filings,
records, orders, and subpoenas must also be kept under seal to
the extent and as long as necessary to prevent the unauthorized
disclosure of a request for records, a report, or other information
made to any person or entity under section 2709(b) of this title,
section 626(a) or (b) or 627(a) of the Fair Credit Reporting Act,
section 1114(a)(5)(A) of the Right to Financial Privacy Act, or section
802(a) of the National Security Act of 1947.
‘‘(e) In all proceedings under this section, the court shall, upon
request of the government, review ex parte and in camera any
government submission or portions thereof, which may include
classified information.’’.
SEC. 116. CONFIDENTIALITY OF NATIONAL SECURITY LETTERS.

(a) Section 2709(c) of title 18, United States Code, is amended
to read:
‘‘(c) PROHIBITION OF CERTAIN DISCLOSURE.—
‘‘(1) If the Director of the Federal Bureau of Investigation,
or his designee in a position not lower than Deputy Assistant
Director at Bureau headquarters or a Special Agent in Charge
in a Bureau field office designated by the Director, certifies
that otherwise there may result a danger to the national security of the United States, interference with a criminal,
counterterrorism, or counterintelligence investigation, interference with diplomatic relations, or danger to the life or physical safety of any person, no wire or electronic communications
service provider, or officer, employee, or agent thereof, shall
disclose to any person (other than those to whom such disclosure is necessary to comply with the request or an attorney
to obtain legal advice or legal assistance with respect to the
request) that the Federal Bureau of Investigation has sought
or obtained access to information or records under this section.
‘‘(2) The request shall notify the person or entity to whom
the request is directed of the nondisclosure requirement under
paragraph (1).
‘‘(3) Any recipient disclosing to those persons necessary
to comply with the request or to an attorney to obtain legal
advice or legal assistance with respect to the request shall
inform such person of any applicable nondisclosure requirement. Any person who receives a disclosure under this subsection shall be subject to the same prohibitions on disclosure
under paragraph (1).

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‘‘(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

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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).

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‘‘(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

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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.’’.

Notification.

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

Section 1510 of title 18, United States Code, is amended by
adding at the end the following:
‘‘(e) Whoever, having been notified of the applicable disclosure
prohibitions or confidentiality requirements of section 2709(c)(1)
of this title, section 626(d)(1) or 627(c)(1) of the Fair Credit
Reporting Act (15 U.S.C. 1681u(d)(1) or 1681v(c)(1)), section
1114(a)(3)(A) or 1114(a)(5)(D)(i) of the Right to Financial Privacy
Act (12 U.S.C. 3414(a)(3)(A) or 3414(a)(5)(D)(i)), or section 802(b)(1)
of the National Security Act of 1947 (50 U.S.C. 436(b)(1)), knowingly
and with the intent to obstruct an investigation or judicial proceeding violates such prohibitions or requirements applicable by
law to such person shall be imprisoned for not more than five
years, fined under this title, or both.’’.
SEC. 118. REPORTS ON NATIONAL SECURITY LETTERS.

(a) EXISTING REPORTS.—Any report made to a committee of
Congress regarding national security letters under section 2709(c)(1)
of title 18, United States Code, section 626(d) or 627(c) of the
Fair Credit Reporting Act (15 U.S.C. 1681u(d) or 1681v(c)), section
1114(a)(3) or 1114(a)(5)(D) of the Right to Financial Privacy Act
(12 U.S.C. 3414(a)(3) or 3414(a)(5)(D)), or section 802(b) of the
National Security Act of 1947 (50 U.S.C. 436(b)) shall also be
made to the Committees on the Judiciary of the House of Representatives and the Senate.
(b) ENHANCED OVERSIGHT OF FAIR CREDIT REPORTING ACT
COUNTERTERRORISM NATIONAL SECURITY LETTER.—Section 627 of
the Fair Credit Reporting Act (15 U.S.C. 1681(v)) is amended by
inserting at the end the following new subsection:

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‘‘(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).

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

(a) AUDIT.—The Inspector General of the Department of Justice
shall perform an audit of the effectiveness and use, including any
improper or illegal use, of national security letters issued by the
Department of Justice.
(b) REQUIREMENTS.—The audit required under subsection (a)
shall include—
(1) an examination of the use of national security letters
by the Department of Justice during calendar years 2003
through 2006;
(2) a description of any noteworthy facts or circumstances
relating to such use, including any improper or illegal use
of such authority; and
(3) an examination of the effectiveness of national security
letters as an investigative tool, including—
(A) the importance of the information acquired by the
Department of Justice to the intelligence activities of the
Department of Justice or to any other department or agency
of the Federal Government;
(B) the manner in which such information is collected,
retained, analyzed, and disseminated by the Department
of Justice, including any direct access to such information
(such as access to ‘‘raw data’’) provided to any other department, agency, or instrumentality of Federal, State, local,
or tribal governments or any private sector entity;
(C) whether, and how often, the Department of Justice
utilized such information to produce an analytical intelligence product for distribution within the Department of
Justice, to the intelligence community (as such term is
defined in section 3(4) of the National Security Act of
1947 (50 U.S.C. 401a(4))), or to other Federal, State, local,
or tribal government departments, agencies, or instrumentalities;
(D) whether, and how often, the Department of Justice
provided such information to law enforcement authorities
for use in criminal proceedings;
(E) with respect to national security letters issued following the date of the enactment of this Act, an examination of the number of occasions in which the Department
of Justice, or an officer or employee of the Department
of Justice, issued a national security letter without the
certification necessary to require the recipient of such letter
to comply with the nondisclosure and confidentiality
requirements potentially applicable under law; and
(F) the types of electronic communications and transactional information obtained through requests for information under section 2709 of title 18, United States Code,
including the types of dialing, routing, addressing, or signaling information obtained, and the procedures the
Department of Justice uses if content information is
obtained through the use of such authority.
(c) SUBMISSION DATES.—
(1) PRIOR YEARS.—Not later than one year after the date
of the enactment of this Act, or upon completion of the audit
under this section for calendar years 2003 and 2004, whichever
is earlier, the Inspector General of the Department of Justice

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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).

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(5) Section 627 of the Fair Credit Reporting Act (15 U.S.C.
1681v) (to obtain credit agency consumer records for
counterterrorism investigations).
SEC. 120. DEFINITION FOR FORFEITURE PROVISIONS UNDER SECTION
806 OF THE USA PATRIOT ACT.

Section 981(a)(1)(G) of title 18, United States Code, is
amended—
(1) in clause (i), by striking ‘‘act of international or domestic
terrorism (as defined in section 2331)’’ and inserting ‘‘any Federal crime of terrorism (as defined in section 2332b(g)(5))’’;
(2) in clause (ii), by striking ‘‘an act of international or
domestic terrorism (as defined in section 2331)’’ with ‘‘any
Federal crime of terrorism (as defined in section 2332b(g)(5)’’;
and
(3) in clause (iii), by striking ‘‘act of international or
domestic terrorism (as defined in section 2331)’’ and inserting
‘‘Federal crime of terrorism (as defined in section 2332b(g)(5))’’.
SEC. 121. PENAL PROVISIONS REGARDING TRAFFICKING IN CONTRABAND CIGARETTES OR SMOKELESS TOBACCO.

(a) THRESHOLD QUANTITY FOR TREATMENT AS CONTRABAND
CIGARETTES.—(1) Section 2341(2) of title 18, United States Code,
is amended by striking ‘‘60,000 cigarettes’’ and inserting ‘‘10,000
cigarettes’’.
(2) Section 2342(b) of that title is amended by striking ‘‘60,000’’
and inserting ‘‘10,000’’.
(3) Section 2343 of that title is amended—
(A) in subsection (a), by striking ‘‘60,000’’ and inserting
‘‘10,000’’; and
(B) in subsection (b), by striking ‘‘60,000’’ and inserting
‘‘10,000’’.
(b) CONTRABAND SMOKELESS TOBACCO.—(1) Section 2341 of that
title is amended—
(A) in paragraph (4), by striking ‘‘and’’ at the end;
(B) in paragraph (5), by striking the period at the end
and inserting a semicolon; and
(C) by adding at the end the following new paragraphs:
‘‘(6) the term ‘smokeless tobacco’ means any finely cut,
ground, powdered, or leaf tobacco that is intended to be placed
in the oral or nasal cavity or otherwise consumed without
being combusted;
‘‘(7) the term ‘contraband smokeless tobacco’ means a
quantity in excess of 500 single-unit consumer-sized cans or
packages of smokeless tobacco, or their equivalent, that are
in the possession of any person other than—
‘‘(A) a person holding a permit issued pursuant to
chapter 52 of the Internal Revenue Code of 1986 as manufacturer of tobacco products or as an export warehouse
proprietor, a person operating a customs bonded warehouse
pursuant to section 311 or 555 of the Tariff Act of 1930
(19 U.S.C. 1311, 1555), or an agent of such person;
‘‘(B) a common carrier transporting such smokeless
tobacco under a proper bill of lading or freight bill which
states the quantity, source, and designation of such smokeless tobacco;
‘‘(C) a person who—

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‘‘(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

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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

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PUBLIC LAW 109–177—MAR. 9, 2006

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:
‘‘§ 2343. Recordkeeping, reporting, and inspection’’.
(2) The section heading for section 2345 of such title is amended
to read as follows:
‘‘§ 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 tobacco ......2341.’’.

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SEC. 122. PROHIBITION OF NARCO-TERRORISM.

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

TERRORIST ORGANIZATIONS, TERRORIST PERSONS AND
GROUPS

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

21 USC 960a.

‘‘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.

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‘‘Proof Requirements

‘‘(c) To violate subsection (a), a person must have knowledge
that the person or organization has engaged or engages in terrorist
activity (as defined in section 212(a)(3)(B) of the Immigration and
Nationality Act) or terrorism (as defined in section 140(d)(2) of
the Foreign Relations Authorization Act, Fiscal Years 1988 and
1989).
‘‘Definition
‘‘(d) As used in this section, the term ‘anything of pecuniary
value’ has the meaning given the term in section 1958(b)(1) of
title 18, United States Code.’’.
SEC. 123. INTERFERING WITH THE OPERATION OF AN AIRCRAFT.

Section 32 of title 18, United States Code, is amended—
(1) in subsection (a), by redesignating paragraphs (5), (6),
and (7) as paragraphs (6), (7), and (8) respectively;
(2) by inserting after paragraph (4) of subsection (a), the
following:
‘‘(5) interferes with or disables, with intent to endanger
the safety of any person or with a reckless disregard for the
safety of human life, anyone engaged in the authorized operation of such aircraft or any air navigation facility aiding in
the navigation of any such aircraft;’’;
(3) in subsection (a)(8), by striking ‘‘paragraphs (1) through
(6)’’ and inserting ‘‘paragraphs (1) through (7)’’; and
(4) in subsection (c), by striking ‘‘paragraphs (1) through
(5)’’ and inserting ‘‘paragraphs (1) through (6)’’.
SEC. 124. SENSE OF CONGRESS RELATING TO LAWFUL POLITICAL
ACTIVITY.

It is the sense of Congress that government should not investigate an American citizen solely on the basis of the citizen’s membership in a non-violent political organization or the fact that the
citizen was engaging in other lawful political activity.
15 USC 2233.

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

(a) LIABILITY PROTECTION.—A person who donates qualified
fire control or rescue equipment to a volunteer fire company shall
not be liable for civil damages under any State or Federal law
for personal injuries, property damage or loss, or death caused
by the equipment after the donation.
(b) EXCEPTIONS.—Subsection (a) does not apply to a person
if—
(1) the person’s act or omission causing the injury, damage,
loss, or death constitutes gross negligence or intentional misconduct;
(2) the person is the manufacturer of the qualified fire
control or rescue equipment; or
(3) the person or agency modified or altered the equipment
after it had been recertified by an authorized technician as
meeting the manufacturer’s specifications.
(c) PREEMPTION.—This section preempts the laws of any State
to the extent that such laws are inconsistent with this section,

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except that notwithstanding subsection (b) this section shall not
preempt any State law that provides additional protection from
liability for a person who donates fire control or fire rescue equipment to a volunteer fire company.
(d) DEFINITIONS.—In this section:
(1) PERSON.—The term ‘‘person’’ includes any governmental
or other entity.
(2) FIRE CONTROL OR RESCUE EQUIPMENT.—The term ‘‘fire
control or fire rescue equipment’’ includes any fire vehicle,
fire fighting tool, communications equipment, protective gear,
fire hose, or breathing apparatus.
(3) QUALIFIED FIRE CONTROL OR RESCUE EQUIPMENT.—The
term ‘‘qualified fire control or rescue equipment’’ means fire
control or fire rescue equipment that has been recertified by
an authorized technician as meeting the manufacturer’s specifications.
(4) STATE.—The term ‘‘State’’ includes the several States,
the District of Columbia, the Commonwealth of Puerto Rico,
the Commonwealth of the Northern Mariana Islands, American
Samoa, Guam, the Virgin Islands, any other territory or possession of the United States, and any political subdivision of
any such State, territory, or possession.
(5) VOLUNTEER FIRE COMPANY.—The term ‘‘volunteer fire
company’’ means an association of individuals who provide fire
protection and other emergency services, where at least 30
percent of the individuals receive little or no compensation
compared with an entry level full-time paid individual in that
association or in the nearest such association with an entry
level full-time paid individual.
(6) AUTHORIZED TECHNICIAN.—The term ‘‘authorized technician’’ means a technician who has been certified by the manufacturer of fire control or fire rescue equipment to inspect
such equipment. The technician need not be employed by the
State or local agency administering the distribution of the
fire control or fire rescue equipment.
(e) EFFECTIVE DATE.—This section applies only to liability for
injury, damage, loss, or death caused by equipment that, for purposes of subsection (a), is donated on or after the date that is
30 days after the date of the enactment of this section.
SEC. 126. REPORT ON DATA-MINING ACTIVITIES.

(a) REPORT.—Not later than one year after the date of the
enactment of this Act, the Attorney General shall submit to Congress a report on any initiative of the Department of Justice that
uses or is intended to develop pattern-based data-mining technology,
including, for each such initiative, the following information:
(1) A thorough description of the pattern-based data-mining
technology consistent with the protection of existing patents,
proprietary business processes, trade secrets, and intelligence
sources and methods.
(2) A thorough discussion of the plans for the use of such
technology and the target dates for the deployment of the
pattern-based data-mining technology.
(3) An assessment of the likely efficacy of the patternbased 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.

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PUBLIC LAW 109–177—MAR. 9, 2006
(4) An assessment of the likely impact of the implementation of the pattern-based data-mining technology on privacy
and civil liberties.
(5) A list and analysis of the laws and regulations
applicable to the Department of Justice that govern the application of the pattern-based data-mining technology to the information to be collected, reviewed, gathered, and analyzed with
the pattern-based data-mining technology.
(6) A thorough discussion of the policies, procedures, and
guidelines of the Department of Justice that are to be developed
and applied in the use of such technology for pattern-based
data-mining in order to—
(A) protect the privacy and due process rights of
individuals; and
(B) ensure that only accurate information is collected
and used or account for the possibility of inaccuracy in
that information and guard against harmful consequences
of potential inaccuracies.
(7) Any necessary classified information in an annex that
shall be available consistent with national security to the Committee on the Judiciary of both the Senate and the House
of Representatives.
(b) DEFINITIONS.—In this section:
(1) DATA-MINING.—The term ‘‘data-mining’’ means a query
or search or other analysis of one or more electronic databases,
where—
(A) at least one of the databases was obtained from
or remains under the control of a non-Federal entity, or
the information was acquired initially by another department or agency of the Federal Government for purposes
other than intelligence or law enforcement;
(B) the search does not use personal identifiers of
a specific individual or does not utilize inputs that appear
on their face to identify or be associated with a specified
individual to acquire information; and
(C) a department or agency of the Federal Government
is conducting the query or search or other analysis to
find a pattern indicating terrorist or other criminal activity.
(2) DATABASE.—The term ‘‘database’’ does not include telephone directories, information publicly available via the Internet or available by any other means to any member of the
public, any databases maintained, operated, or controlled by
a State, local, or tribal government (such as a State motor
vehicle database), or databases of judicial and administrative
opinions.

SEC. 127. SENSE OF CONGRESS.

It is the sense of Congress that under section 981 of title
18, United States Code, victims of terrorists attacks should have
access to the assets forfeited.
SEC. 128. USA PATRIOT ACT SECTION 214; AUTHORITY FOR DISCLOSURE OF ADDITIONAL INFORMATION IN CONNECTION
WITH ORDERS FOR PEN REGISTER AND TRAP AND TRACE
AUTHORITY UNDER FISA.

(a) RECORDS.—Section 402(d)(2) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1842(d)(2)) is amended—
(1) in subparagraph (A)—

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PUBLIC LAW 109–177—MAR. 9, 2006

120 STAT. 229

(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’’.

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120 STAT. 230
Terrorist Death
Penalty
Enhancement
Act of 2005.
18 USC 1 note.

PUBLIC LAW 109–177—MAR. 9, 2006

TITLE II—TERRORIST DEATH PENALTY
ENHANCEMENT
SEC. 201. SHORT TITLE.

This title may be cited as the ‘‘Terrorist Death Penalty
Enhancement Act of 2005’’.

Subtitle A—Terrorist Penalties
Enhancement Act
49 USC 46502
note.

49 USC 46502
note.

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

(a) IN GENERAL.—Section 60003 of the Violent Crime Control
and Law Enforcement Act of 1994 (Public Law 103–322), is
amended, as of the time of its enactment, by adding at the end
the following:
‘‘(c) DEATH PENALTY PROCEDURES FOR CERTAIN PREVIOUS AIRCRAFT PIRACY VIOLATIONS.—An individual convicted of violating
section 46502 of title 49, United States Code, or its predecessor,
may be sentenced to death in accordance with the procedures established in chapter 228 of title 18, United States Code, if for any
offense committed before the enactment of the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103–322), but
after the enactment of the Antihijacking Act of 1974 (Public Law
93–366), it is determined by the finder of fact, before consideration
of the factors set forth in sections 3591(a)(2) and 3592(a) and
(c) of title 18, United States Code, that one or more of the factors
set forth in former section 46503(c)(2) of title 49, United States
Code, or its predecessor, has been proven by the Government to
exist, beyond a reasonable doubt, and that none of the factors
set forth in former section 46503(c)(1) of title 49, United States
Code, or its predecessor, has been proven by the defendant to
exist, by a preponderance of the information. The meaning of the
term ‘especially heinous, cruel, or depraved’, as used in the factor
set forth in former section 46503(c)(2)(B)(iv) of title 49, United
States Code, or its predecessor, shall be narrowed by adding the
limiting language ‘in that it involved torture or serious physical
abuse to the victim’, and shall be construed as when that term
is used in section 3592(c)(6) of title 18, United States Code.’’.
(b) SEVERABILITY CLAUSE.—If any provision of section
60003(b)(2) of the Violent Crime and Law Enforcement Act of 1994
(Public Law 103–322), or the application thereof to any person
or any circumstance is held invalid, the remainder of such section
and the application of such section to other persons or circumstances
shall not be affected thereby.
SEC. 212. POSTRELEASE SUPERVISION OF TERRORISTS.

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

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PUBLIC LAW 109–177—MAR. 9, 2006

120 STAT. 231

Subtitle B—Federal Death Penalty
Procedures
SEC. 221. ELIMINATION OF PROCEDURES APPLICABLE ONLY TO CERTAIN CONTROLLED SUBSTANCES ACT CASES.

Section 408 of the Controlled Substances Act (21 U.S.C. 848)
is amended—
(1) in subsection (e)(2), by striking ‘‘(1)(b)’’ and inserting
‘‘(1)(B)’’;
(2) by striking subsection (g) and all that follows through
subsection (p);
(3) by striking subsection (r); and
(4) in subsection (q), by striking paragraphs (1) through
(3).
SEC. 222. COUNSEL FOR FINANCIALLY UNABLE DEFENDANTS.

(a) IN GENERAL.—Chapter 228 of title 18, United States Code,
is amended by adding at the end the following new section:
‘‘§ 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.

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120 STAT. 232

Records.

Compensation.

PUBLIC LAW 109–177—MAR. 9, 2006

‘‘(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.’’.

21 USC 848.

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

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PUBLIC LAW 109–177—MAR. 9, 2006

120 STAT. 233

TITLE III—REDUCING CRIME AND
TERRORISM AT AMERICA’S SEAPORTS
SEC. 301. SHORT TITLE.

Reducing Crime
and Terrorism at
America’s
Seaports Act of
2005.
18 USC 1 note.

This title may be cited as the ‘‘Reducing Crime and Terrorism
at America’s Seaports Act of 2005’’.
SEC. 302. ENTRY BY FALSE PRETENSES TO ANY SEAPORT.

(a) IN GENERAL.—Section 1036 of title 18, United States Code,
is amended—
(1) in subsection (a)—
(A) in paragraph (2), by striking ‘‘or’’ at the end;
(B) by redesignating paragraph (3) as paragraph (4);
and
(C) by inserting after paragraph (2) the following:
‘‘(3) any secure or restricted area of any seaport, designated
as secure in an approved security plan, as required under
section 70103 of title 46, United States Code, and the rules
and regulations promulgated under that section; or’’;
(2) in subsection (b)(1), by striking ‘‘5 years’’ and inserting
‘‘10 years’’;
(3) in subsection (c)(1), by inserting ‘‘, captain of the seaport,’’ after ‘‘airport authority’’; and
(4) by striking the section heading and inserting the following:
‘‘§ 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:
‘‘§ 26. Definition of seaport
‘‘As used in this title, the term ‘seaport’ means all piers,
wharves, docks, and similar structures, adjacent to any waters
subject to the jurisdiction of the United States, to which a vessel
may be secured, including areas of land, water, or land and water
under and in immediate proximity to such structures, buildings
on or contiguous to such structures, and the equipment and materials on such structures or in such buildings.’’.
(d) TECHNICAL AND CONFORMING AMENDMENT.—The table of
sections for chapter 1 of title 18 is amended by inserting after
the matter relating to section 25 the following:
‘‘26. Definition of seaport.’’.
SEC. 303. CRIMINAL SANCTIONS FOR FAILURE TO HEAVE TO, OBSTRUCTION OF BOARDING, OR PROVIDING FALSE INFORMATION.

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

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120 STAT. 234

PUBLIC LAW 109–177—MAR. 9, 2006

‘‘§ 2237. Criminal sanctions for failure to heave to, obstruction of boarding, or providing false information
‘‘(a)(1) It shall be unlawful for the master, operator, or person
in charge of a vessel of the United States, or a vessel subject
to the jurisdiction of the United States, to knowingly fail to obey
an order by an authorized Federal law enforcement officer to heave
to that vessel.
‘‘(2) It shall be unlawful for any person on board a vessel
of the United States, or a vessel subject to the jurisdiction of
the United States, to—
‘‘(A) forcibly resist, oppose, prevent, impede, intimidate,
or interfere with a boarding or other law enforcement action
authorized by any Federal law or to resist a lawful arrest;
or
‘‘(B) provide materially false information to a Federal law
enforcement officer during a boarding of a vessel regarding
the vessel’s destination, origin, ownership, registration, nationality, cargo, or crew.
‘‘(b) Any person who intentionally violates this section shall
be fined under this title or imprisoned for not more than 5 years,
or both.
‘‘(c) This section does not limit the authority of a customs
officer under section 581 of the Tariff Act of 1930 (19 U.S.C. 1581),
or any other provision of law enforced or administered by the
Secretary of the Treasury or the Secretary of Homeland Security,
or the authority of any Federal law enforcement officer under
any law of the United States, to order a vessel to stop or heave
to.
‘‘(d) A foreign nation may consent or waive objection to the
enforcement of United States law by the United States under this
section by radio, telephone, or similar oral or electronic means.
Consent or waiver may be proven by certification of the Secretary
of State or the designee of the Secretary of State.
‘‘(e) In this section—
‘‘(1) the term ‘Federal law enforcement officer’ has the
meaning given the term in section 115(c);
‘‘(2) the term ‘heave to’ means to cause a vessel to slow,
come to a stop, or adjust its course or speed to account for
the weather conditions and sea state to facilitate a law enforcement boarding;
‘‘(3) the term ‘vessel subject to the jurisdiction of the United
States’ has the meaning given the term in section 2 of the
Maritime Drug Law Enforcement Act (46 U.S.C. App. 1903);
and
‘‘(4) the term ‘vessel of the United States’ has the meaning
given the term in section 2 of the Maritime Drug Law Enforcement Act (46 U.S.C. App. 1903).’’.
(b) CONFORMING AMENDMENT.—The table of sections for chapter
109, title 18, United States Code, is amended by inserting after
the item for section 2236 the following:
‘‘2237. Criminal sanctions for failure to heave to, obstruction of boarding, or providing false information.’’.
SEC. 304. CRIMINAL SANCTIONS FOR VIOLENCE AGAINST MARITIME
NAVIGATION, PLACEMENT OF DESTRUCTIVE DEVICES.

(a) PLACEMENT OF DESTRUCTIVE DEVICES.—

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PUBLIC LAW 109–177—MAR. 9, 2006

120 STAT. 235

(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:
‘‘§ 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:
‘‘§ 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

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120 STAT. 236

PUBLIC LAW 109–177—MAR. 9, 2006
subsections (b) and (d) is further amended by adding after
the item related to section 2282A the following:

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

305.

TRANSPORTATION
TERRORISTS.

OF

DANGEROUS

MATERIALS

AND

(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:
‘‘§ 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)).

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PUBLIC LAW 109–177—MAR. 9, 2006

120 STAT. 237

‘‘§ 2284. Transportation of terrorists
‘‘(a) IN GENERAL.—Whoever knowingly and intentionally transports any terrorist aboard any vessel within the United States
and on waters subject to the jurisdiction of the United States
or any vessel outside the United States and on the high seas
or having United States nationality, knowing that the transported
person is a terrorist, shall be fined under this title or imprisoned
for any term of years or for life, or both.
‘‘(b) DEFINED TERM.—In this section, the term ‘terrorist’ means
any person who intends to commit, or is avoiding apprehension
after having committed, an offense listed under section
2332b(g)(5)(B).’’.
(b) CONFORMING AMENDMENT.—The table of sections for chapter
111 of title 18, United States Code, as amended by section 305,
is further amended by adding at the end the following:
‘‘2283. Transportation of explosive, chemical, biological, or radioactive or nuclear
materials.
‘‘2284. Transportation of terrorists.’’.
SEC. 306. DESTRUCTION OF, OR INTERFERENCE WITH, VESSELS OR
MARITIME FACILITIES.

(a) IN GENERAL.—Title 18, United States Code, is amended
by inserting after chapter 111 the following:
‘‘CHAPTER 111A—DESTRUCTION OF, OR INTERFERENCE
WITH, VESSELS OR MARITIME FACILITIES
‘‘Sec.
‘‘2290. Jurisdiction and scope.
‘‘2291. Destruction of vessel or maritime facility.
‘‘2292. Imparting or conveying false information.

‘‘§ 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.
‘‘§ 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

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120 STAT. 238

PUBLIC LAW 109–177—MAR. 9, 2006

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

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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.
‘‘§ 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.
‘‘§ 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:

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PUBLIC LAW 109–177—MAR. 9, 2006

‘‘111A. Destruction of, or interference with, vessels or maritime facilities ...................................................................................................... 2290’’.
SEC. 307. THEFT OF INTERSTATE OR FOREIGN SHIPMENTS OR VESSELS.

28 USC 994 note.

28 USC 659 note.

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(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.

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120 STAT. 241

SEC. 308. STOWAWAYS ON VESSELS OR AIRCRAFT.

Section 2199 of title 18, United States Code, is amended by
striking ‘‘Shall be fined under this title or imprisoned not more
than one year, or both.’’ and inserting the following:
‘‘(1) shall be fined under this title, imprisoned not more
than 5 years, or both;
‘‘(2) if the person commits an act proscribed by this section,
with the intent to commit serious bodily injury, and serious
bodily injury occurs (as defined under section 1365, including
any conduct that, if the conduct occurred in the special maritime and territorial jurisdiction of the United States, would
violate section 2241 or 2242) to any person other than a participant as a result of a violation of this section, shall be fined
under this title or imprisoned not more than 20 years, or
both; and
‘‘(3) if an individual commits an act proscribed by this
section, with the intent to cause death, and if the death of
any person other than a participant occurs as a result of a
violation of this section, shall be fined under this title, imprisoned for any number of years or for life, or both.’’.
SEC. 309. BRIBERY AFFECTING PORT SECURITY.

(a) IN GENERAL.—Chapter 11 of title 18, United States Code,
is amended by adding at the end the following:
‘‘§ 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.’’.

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120 STAT. 242

PUBLIC LAW 109–177—MAR. 9, 2006

(b) CONFORMING AMENDMENT.—The table of sections for chapter
11 of title 18, United States Code, is amended by adding at the
end the following:
‘‘226. Bribery affecting port security.’’.
SEC. 310. PENALTIES FOR SMUGGLING GOODS INTO THE UNITED
STATES.

The third undesignated paragraph of section 545 of title 18,
United States Code, is amended by striking ‘‘5 years’’ and inserting
‘‘20 years’’.
SEC. 311. SMUGGLING GOODS FROM THE UNITED STATES.

(a) IN GENERAL.—Chapter 27 of title 18, United States Code,
is amended by adding at the end the following:
‘‘§ 554. Smuggling goods from the United States
‘‘(a) IN GENERAL.—Whoever fraudulently or knowingly exports
or sends from the United States, or attempts to export or send
from the United States, any merchandise, article, or object contrary
to any law or regulation of the United States, or receives, conceals,
buys, sells, or in any manner facilitates the transportation, 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’’.

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120 STAT. 243

TITLE IV—COMBATING TERRORISM
FINANCING
SEC. 401. SHORT TITLE.

Combating
Terrorism
Financing Act of
2005.
18 USC 1 note.

This title may be cited as the ‘‘Combating Terrorism Financing
Act of 2005’’.
SEC. 402. INCREASED PENALTIES FOR TERRORISM FINANCING.

Section 206 of the International Emergency Economic Powers
Act (50 U.S.C. 1705) is amended—
(1) in subsection (a), by deleting ‘‘$10,000’’ and inserting
‘‘$50,000’’; and
(2) in subsection (b), by deleting ‘‘ten years’’ and inserting
‘‘twenty years’’.
SEC. 403. TERRORISM-RELATED SPECIFIED ACTIVITIES FOR MONEY
LAUNDERING.

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

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Agreement

PUBLIC LAW 109–177—MAR. 9, 2006

Security may direct, and, with respect to offenses over which the
United States Postal Service has jurisdiction, by the Postal Service.
Such authority of the Secretary of the Treasury, the Secretary
of Homeland Security, and the Postal Service shall be exercised
in accordance with an agreement which shall be entered into by
the Secretary of the Treasury, the Secretary of Homeland Security,
the Postal Service, and the Attorney General.’’.
SEC.

404.

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

Section 981(a)(1)(G) of title 18, United States Code, is
amended—
(1) by striking ‘‘or’’ at the end of clause (ii);
(2) by striking the period at the end of clause (iii) and
inserting ‘‘; or’’; and
(3) by inserting the following after clause (iii):
‘‘(iv) of any individual, entity, or organization
engaged in planning or perpetrating any act of international terrorism (as defined in section 2331) against
any international organization (as defined in section
209 of the State Department Basic Authorities Act
of 1956 (22 U.S.C. 4309(b)) or against any foreign
Government. Where the property sought for forfeiture
is located beyond the territorial boundaries of the
United States, an act in furtherance of such planning
or perpetration must have occurred within the jurisdiction of the United States.’’.
SEC. 405. MONEY LAUNDERING THROUGH HAWALAS.

Section 1956(a)(1) of title 18, United States Code, is amended
by adding at the end the following: ‘‘For purposes of this paragraph,
a financial transaction shall be considered to be one involving
the proceeds of specified unlawful activity if it is part of a set
of parallel or dependent transactions, any one of which involves
the proceeds of specified unlawful activity, and all of which are
part of a single plan or arrangement.’’.
SEC. 406. TECHNICAL AND CONFORMING AMENDMENTS RELATING TO
THE USA PATRIOT ACT.

(a) TECHNICAL CORRECTIONS.—
(1) Section 322 of Public Law 107–56 is amended by
striking ‘‘title 18’’ and inserting ‘‘title 28’’.
(2) Section 1956(b)(3) and (4) of title 18, United States
Code, are amended by striking ‘‘described in paragraph (2)’’
each time it appears; and
(3) Section 981(k) of title 18, United States Code, is
amended by striking ‘‘foreign bank’’ each time it appears and
inserting ‘‘foreign financial institution (as defined in section
984(c)(2)(A) of this title)’’.
(b) CODIFICATION OF SECTION 316 OF THE USA PATRIOT ACT.—
(1) Chapter 46 of title 18, United States Code, is amended—
(A) in the chapter analysis, by inserting at the end
the following:

28 USC 2466.

‘‘987. Anti-terrorist forfeiture protection.’’;

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

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‘‘§ 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’’.

18 USC 983 note.

SEC. 407. CROSS REFERENCE CORRECTION.

Section 5318(n)(4)(A) of title 31, United States Code, is amended
by striking ‘‘National Intelligence Reform Act of 2004’’ and inserting
‘‘Intelligence Reform and Terrorism Prevention Act of 2004’’.
SEC. 408. AMENDMENT TO AMENDATORY LANGUAGE.

Section 6604 of the Intelligence Reform and Terrorism Prevention Act of 2004 is amended (effective on the date of the enactment
of that Act)—

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Effective date.
18 USC 2339C
note.

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120 STAT. 246

PUBLIC LAW 109–177—MAR. 9, 2006
(1) by striking ‘‘Section 2339c(c)(2)’’ and inserting ‘‘Section
2339C(c)(2)’’; and
(2) by striking ‘‘Section 2339c(e)’’ and inserting ‘‘Section
2339C(e)’’.

SEC. 409. DESIGNATION OF ADDITIONAL MONEY LAUNDERING PREDICATE.

Section 1956(c)(7)(D) of title 18, United States Code, is
amended—
(1) by inserting ‘‘, section 2339C (relating to financing
of terrorism), or section 2339D (relating to receiving militarytype training from a foreign terrorist organization)’’ after ‘‘section 2339A or 2339B (relating to providing material support
to terrorists)’’; and
(2) by striking ‘‘or’’ before ‘‘section 2339A or 2339B’’.
SEC. 410. UNIFORM PROCEDURES FOR CRIMINAL FORFEITURE.

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

Applicability.

TITLE V—MISCELLANEOUS PROVISIONS
SEC. 501. RESIDENCE OF UNITED STATES ATTORNEYS AND ASSISTANT
UNITED STATES ATTORNEYS.

28 USC 545 note.

(a) IN GENERAL.—Subsection (a) of section 545 of title 28,
United States Code, is amended by adding at the end the following
new sentence: ‘‘Pursuant to an order from the Attorney General
or his designee, a United States attorney or an assistant United
States attorney may be assigned dual or additional responsibilities
that exempt such officer from the residency requirement in this
subsection for a specific period as established by the order and
subject to renewal.’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall take effect as of February 1, 2005.
SEC. 502. INTERIM APPOINTMENT OF UNITED STATES ATTORNEYS.

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

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

Section 19(d)(1) of title 3, United States Code, is amended
by inserting ‘‘, Secretary of Homeland Security’’ after ‘‘Secretary
of Veterans Affairs’’.
SEC. 504. BUREAU OF ALCOHOL, TOBACCO AND FIREARMS TO THE
DEPARTMENT OF JUSTICE.

The second sentence of section 1111(a)(2) of the Homeland
Security Act of 2002 (6 U.S.C. 531(a)(2)) is amended by striking
‘‘Attorney General’’ the first place it appears and inserting ‘‘President, by and with the advice and consent of the Senate’’.
SEC. 505. QUALIFICATIONS OF UNITED STATES MARSHALS.

Section 561 of title 28, United States Code, is amended by
adding at the end the following new subsection:
‘‘(i) Each marshal appointed under this section should have—
‘‘(1) a minimum of 4 years of command-level law enforcement management duties, including personnel, budget, and
accountable property issues, in a police department, sheriff’s
office or Federal law enforcement agency;
‘‘(2) experience in coordinating with other law enforcement
agencies, particularly at the State and local level;
‘‘(3) college-level academic experience; and
‘‘(4) experience in or with county, State, and Federal court
systems or experience with protection of court personnel, jurors,
and witnesses.’’.
SEC. 506. DEPARTMENT OF JUSTICE INTELLIGENCE MATTERS.

(a) ASSISTANT ATTORNEY GENERAL FOR NATIONAL SECURITY.—
(1) IN GENERAL.—Chapter 31 of title 28, United States
Code, is amended by inserting after section 507 the following
new section:
‘‘§ 507A. Assistant Attorney General for National Security
‘‘(a) Of the Assistant Attorneys General appointed under section
506, one shall serve, upon the designation of the President, as
the Assistant Attorney General for National Security.
‘‘(b) The Assistant Attorney General for National Security
shall—
‘‘(1) serve as the head of the National Security Division
of the Department of Justice under section 509A of this title;
‘‘(2) serve as primary liaison to the Director of National
Intelligence for the Department of Justice; and
‘‘(3) perform such other duties as the Attorney General
may prescribe.’’.
(2) ADDITIONAL ASSISTANT ATTORNEY GENERAL.—Section
506 of title 28, United States Code, is amended by striking
‘‘ten’’ and inserting ‘‘11’’.
(3) EXECUTIVE SCHEDULE MATTERS.—Section 5315 of title
5, United States Code, is amended by striking the matter
relating to Assistant Attorneys General and inserting the following:
‘‘Assistant Attorneys General (11).’’.
(4) CONSULTATION OF DIRECTOR OF NATIONAL INTELLIGENCE
IN APPOINTMENT.—Section 106(c)(2) of the National Security
Act of 1947 (50 U.S.C. 403–6(c)(2)) is amended by adding at
the end the following new subparagraph:

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PUBLIC LAW 109–177—MAR. 9, 2006
‘‘(C) The Assistant Attorney General designated as the
Assistant Attorney General for National Security under section
507A of title 28, United States Code.’’.
(5) AUTHORITY TO ACT FOR ATTORNEY GENERAL UNDER FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978.—Section 101(g)
of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1801(g)) is amended by striking ‘‘or the Deputy Attorney General’’ and inserting ‘‘, the Deputy Attorney General, or, upon
the designation of the Attorney General, the Assistant Attorney
General designated as the Assistant Attorney General for
National Security under section 507A of title 28, United States
Code’’.
(6) AUTHORIZATION FOR INTERCEPTION OF COMMUNICATIONS.—Section 2516(1) of title 18, United States Code, is
amended by inserting ‘‘or National Security Division’’ after
‘‘the Criminal Division’’.
(7) AUTHORITY TO ACT FOR ATTORNEY GENERAL IN MATTERS
INVOLVING WITNESS RELOCATION OR PROTECTION.—Section
3521(d)(3) of title 18, United States Code, is amended by
striking ‘‘to the Assistant Attorney General in charge of the
Criminal Division of the Department of Justice’’ and inserting
‘‘to any Assistant Attorney General in charge of the Criminal
Division or National Security Division of the Department of
Justice’’.
(8) PROSECUTION OF CASES INVOLVING CLASSIFIED INFORMATION.—Section 9A(a) of the Classified Information Procedures
Act (18 U.S.C. App.) is amended by inserting ‘‘or the Assistant
Attorney General for National Security, as appropriate,’’ after
‘‘Assistant Attorney General for the Criminal Division’’.
(9) INTELLIGENCE AND NATIONAL SECURITY ASPECTS OF
ESPIONAGE PROSECUTION.—Section 341(b) of the Intelligence
Authorization Act for Fiscal Year 2004 (28 U.S.C. 519 note)
is amended by striking ‘‘acting through the Office of Intelligence
Policy and Review of the Department of Justice’’ and inserting
‘‘acting through the Assistant Attorney General for National
Security’’.
(10) CERTIFICATIONS FOR CERTAIN UNDERCOVER FOREIGN
INTELLIGENCE AND COUNTERINTELLIGENCE INVESTIGATIVE OPERATIONS.—Section 102(b)(1) of Public Law 102–395 (28 U.S.C.
533 note) is amended by striking ‘‘Counsel for Intelligence
Policy’’ and inserting ‘‘Assistant Attorney General for National
Security’’.
(11) INCLUSION IN FEDERAL LAW ENFORCEMENT COMMUNITY
FOR EMERGENCY FEDERAL LAW ENFORCEMENTS ASSISTANCE PURPOSES.—Section 609N(2) of the Justice Assistance Act of 1984
(42 U.S.C. 10502(2)) is amended—
(A) by redesignating subparagraphs (L) and (M) as
subparagraphs (M) and (N), respectively; and
(B) by inserting after subparagraph (K) the following
new subparagraph (L):
‘‘(L) the National Security Division of the Department
of Justice,’’.
(b) NATIONAL SECURITY DIVISION OF DEPARTMENT OF JUSTICE.—
(1) IN GENERAL.—Chapter 31 of title 28, United States
Code, is further amended by inserting after section 509 the
following new section:

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120 STAT. 249

‘‘§ 509A. National Security Division
‘‘(a) There is a National Security Division of the Department
of Justice.
‘‘(b) The National Security Division shall consist of the elements
of the Department of Justice (other than the Federal Bureau of
Investigation) engaged primarily in support of the intelligence and
intelligence-related activities of the United States Government,
including the following:
‘‘(1) The Assistant Attorney General designated as the
Assistant Attorney General for National Security under section
507A of this title.
‘‘(2) The Office of Intelligence Policy and Review (or any
successor organization).
‘‘(3) The counterterrorism section (or any successor
organization).
‘‘(4) The counterespionage section (or any successor
organization).
‘‘(5) Any other element, component, or office designated
by the Attorney General.’’.
(2) PROHIBITION ON POLITICAL ACTIVITY.—Section 7323(b)(3)
of title 5, United States Code, is amended by inserting ‘‘or
National Security Division’’ after ‘‘Criminal Division’’.
(c) CLERICAL AMENDMENTS.—The table of sections at the beginning of chapter 31 of title 28, United States Code, is amended—
(1) by inserting after the item relating to section 507 the
following new item:
‘‘507A. Assistant Attorney General for National Security.’’;

and
(2) by inserting after the item relating to section 509 the
following new item:
‘‘509A. National Security Division.’’.

(d) PROCEDURES FOR CONFIRMATION OF THE ASSISTANT
ATTORNEY GENERAL FOR NATIONAL SECURITY.—(1) Section 17 of
Senate Resolution 400 (94th Congress) is amended—
(A) in subsection (a), by striking ‘‘(a) The’’ and inserting
‘‘(a)(1) Except as otherwise provided in subsection (b), the’’;
(B) in subsection (b), by striking ‘‘(b)’’ and inserting ‘‘(2)’’;
and
(C) by inserting after subsection (a) the following new
subsection:
‘‘(b)(1) With respect to the confirmation of the Assistant
Attorney General for National Security, or any successor position,
the nomination of any individual by the President to serve in
such position shall be referred to the Committee on the Judiciary
and, if and when reported, to the select Committee for not to
exceed 20 calendar days, except that in cases when the 20-day
period expires while the Senate is in recess, the select Committee
shall have 5 additional calendar days after the Senate reconvenes
to report the nomination.
‘‘(2) If, upon the expiration of the period described in paragraph
(1), the select Committee has not reported the nomination, such
nomination shall be automatically discharged from the select Committee and placed on the Executive Calendar.’’.
(2) Paragraph (1) is enacted—

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120 STAT. 250

PUBLIC LAW 109–177—MAR. 9, 2006
(A) as an exercise of the rulemaking power of the Senate;
and
(B) with full recognition of the constitutional right of the
Senate to change the rules of the Senate at any time and
to the same extent as in the case of any other rule of the
Senate.

SEC. 507. REVIEW BY ATTORNEY GENERAL.

(a) APPLICABILITY.—Section 2261 of title 28, United States
Code, is amended by striking subsection (b) and inserting the following:
‘‘(b) COUNSEL.—This chapter is applicable if—
‘‘(1) the Attorney General of the United States certifies
that a State has established a mechanism for providing counsel
in postconviction proceedings as provided in section 2265; and
‘‘(2) counsel was appointed pursuant to that mechanism,
petitioner validly waived counsel, petitioner retained counsel,
or petitioner was found not to be indigent.’’.
(b) SCOPE OF PRIOR REPRESENTATION.—Section 2261(d) of title
28, United States Code is amended by striking ‘‘or on direct appeal’’.
(c) CERTIFICATION AND JUDICIAL REVIEW.—
(1) IN GENERAL.—Chapter 154 of title 28, United States
Code, is amended by striking section 2265 and inserting the
following:
‘‘§ 2265. Certification and judicial review
‘‘(a) CERTIFICATION.—
‘‘(1) IN GENERAL.—If requested by an appropriate State
official, the Attorney General of the United States shall
determine—
‘‘(A) whether the State has established a mechanism
for the appointment, compensation, and payment of reasonable litigation expenses of competent counsel in State
postconviction proceedings brought by indigent prisoners
who have been sentenced to death;
‘‘(B) the date on which the mechanism described in
subparagraph (A) was established; and
‘‘(C) whether the State provides standards of competency for the appointment of counsel in proceedings
described in subparagraph (A).
‘‘(2) EFFECTIVE DATE.—The date the mechanism described
in paragraph (1)(A) was established shall be the effective date
of the certification under this subsection.
‘‘(3) ONLY EXPRESS REQUIREMENTS.—There are no requirements for certification or for application of this chapter other
than those expressly stated in this chapter.
‘‘(b) REGULATIONS.—The Attorney General shall promulgate
regulations to implement the certification procedure under subsection (a).
‘‘(c) REVIEW OF CERTIFICATION.—
‘‘(1) IN GENERAL.—The determination by the Attorney General regarding whether to certify a State under this section
is subject to review exclusively as provided under chapter 158
of this title.
‘‘(2) VENUE.—The Court of Appeals for the District of
Columbia Circuit shall have exclusive jurisdiction over matters

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120 STAT. 251

under paragraph (1), subject to review by the Supreme Court
under section 2350 of this title.
‘‘(3) STANDARD OF REVIEW.—The determination by the
Attorney General regarding whether to certify a State under
this section shall be subject to de novo review.’’.
(2) CLERICAL AMENDMENT.—The table of sections for
chapter 154 of title 28, United States Code, is amended by
striking the item related to section 2265 and inserting the
following:
‘‘2265. Certification and judicial review.’’.

(d) APPLICATION TO PENDING CASES.—
(1) IN GENERAL.—This section and the amendments made
by this section shall apply to cases pending on or after the
date of enactment of this Act.
(2) TIME LIMITS.—In a case pending on the date of enactment of this Act, if the amendments made by this section
establish a time limit for taking certain action, the period
of which began on the date of an event that occurred prior
to the date of enactment of this Act, the period of such time
limit shall instead begin on the date of enactment of this
Act.
(e) TIME LIMITS.—Section 2266(b)(1)(A) of title 28, United States
Code, is amended by striking ‘‘180 days after the date on which
the application is filed’’ and inserting ‘‘450 days after the date
on which the application is filed, or 60 days after the date on
which the case is submitted for decision, whichever is earlier’’.
(f) STAY OF STATE COURT PROCEEDINGS.—Section 2251 of title
28, United States Code, is amended—
(1) in the first undesignated paragraph, by striking ‘‘A
justice’’ and inserting the following:
‘‘(a) IN GENERAL.—
‘‘(1) PENDING MATTERS.—A justice’’;
(2) in the second undesignated paragraph, by striking
‘‘After the’’ and inserting the following:
‘‘(b) NO FURTHER PROCEEDINGS.—After the’’; and
(3) in subsection (a), as so designated by paragraph (1),
by adding at the end the following:
‘‘(2) MATTER NOT PENDING.—For purposes of this section,
a habeas corpus proceeding is not pending until the application
is filed.
‘‘(3) APPLICATION FOR APPOINTMENT OF COUNSEL.—If a
State prisoner sentenced to death applies for appointment of
counsel pursuant to section 3599(a)(2) of title 18 in a court
that would have jurisdiction to entertain a habeas corpus
application regarding that sentence, that court may stay execution of the sentence of death, but such stay shall terminate
not later than 90 days after counsel is appointed or the application for appointment of counsel is withdrawn or denied.’’.

TITLE VI—SECRET SERVICE
SEC. 601. SHORT TITLE.

This title may be cited as the ‘‘Secret Service Authorization
and Technical Modification Act of 2005’’.

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28 USC 2251
note.

Termination
date.

Secret Service
Authorization
and Technical
Modification Act
of 2005.
18 USC 1 note.

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PUBLIC LAW 109–177—MAR. 9, 2006

SEC. 602. INTERFERENCE WITH NATIONAL SPECIAL SECURITY EVENTS.

(a) IN GENERAL.—Section 1752 of title 18, United States Code,
is amended—
(1) in subsection (a)—
(A) by amending paragraph (1) to read as follows:
‘‘(1) willfully and knowingly to enter or remain in any
posted, cordoned off, or otherwise restricted area of a building
or grounds where the President or other person protected by
the Secret Service is or will be temporarily visiting;’’;
(B) by redesignating paragraphs (2), (3), and (4) as
paragraphs (3), (4), and (5), respectively;
(C) by inserting after paragraph (1) the following new
paragraph:
‘‘(2) willfully and knowingly to enter or remain in any
posted, cordoned off, or otherwise restricted area of a building
or grounds so restricted in conjunction with an event designated
as a special event of national significance;’’;
(D) in paragraph (3), as redesignated by subparagraph
(B)—
(i) by inserting ‘‘willfully, knowingly, and’’ before
‘‘with intent to impede or disrupt’’;
(ii) by striking ‘‘designated’’ and inserting
‘‘described’’; and
(iii) by inserting ‘‘or (2)’’ after ‘‘paragraph (1)’’;
(E) in paragraph (4), as redesignated by subparagraph
(B)—
(i) by striking ‘‘designated or enumerated’’ and
inserting ‘‘described’’; and
(ii) by inserting ‘‘or (2)’’ after ‘‘paragraph (1)’’; and
(F) in paragraph (5), as redesignated by subparagraph
(B)—
(i) by striking ‘‘designated or enumerated’’ and
inserting ‘‘described’’; and
(ii) by inserting ‘‘or (2)’’ after ‘‘paragraph (1)’’;
(2) by amending subsection (b) to read as follows:
‘‘(b) Violation of this section, and attempts or conspiracies to
commit such violations, shall be punishable by—
‘‘(1) a fine under this title or imprisonment for not more
than 10 years, or both, if—
‘‘(A) the person, during and in relation to the offense,
uses or carries a deadly or dangerous weapon or firearm;
or
‘‘(B) the offense results in significant bodily injury as
defined by section 2118(e)(3); and
‘‘(2) a fine under this title or imprisonment for not more
than one year, or both, in any other case.’’; and
(3) by striking subsection (d) and redesignating subsections
(e) and (f) as subsections (d) and (e), respectively.
(b) CLERICAL AMENDMENT.—(1) The heading of such section
is amended to read as follows:
‘‘§ 1752. Restricted building or grounds’’.
(2) The item relating to such section in the table of sections
at the beginning of chapter 84 of such title is amended to read
as follows:
‘‘1752. Restricted building or grounds.’’.

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SEC. 603. FALSE CREDENTIALS TO NATIONAL SPECIAL SECURITY
EVENTS.

Section 1028 of title 18, United States Code, is amended—
(1) in subsection (a)(6), by inserting ‘‘or a sponsoring entity
of an event designated as a special event of national significance’’ after ‘‘States’’;
(2) in subsection (c)(1), by inserting ‘‘or a sponsoring entity
of an event designated as a special event of national significance’’ after ‘‘States’’;
(3) in subsection (d)(3), by inserting ‘‘a sponsoring entity
of an event designated as a special event of national significance,’’ after ‘‘political subdivision of a State,’’; and
(4) in each of subsections (d)(4)(B) and (d)(6)(B), by
inserting ‘‘a sponsoring entity of an event designated by the
President as a special event of national significance,’’ after
‘‘political subdivision of a State,’’.
SEC. 604. FORENSIC AND INVESTIGATIVE SUPPORT OF MISSING AND
EXPLOITED CHILDREN CASES.

Section 3056(f) of title 18, United States Code, is amended
by striking ‘‘officers and agents of the Secret Service are’’ and
inserting ‘‘the Secret Service is’’.
SEC.

605.

THE UNIFORMED
SERVICE.

DIVISION,

UNITED

STATES

SECRET

(a) IN GENERAL.—Chapter 203 of title 18, United States Code,
is amended by inserting after section 3056 the following:
‘‘§ 3056A. Powers, authorities, and duties of United States
Secret Service Uniformed Division
‘‘(a) There is hereby created and established a permanent police
force, to be known as the ‘United States Secret Service Uniformed
Division’. Subject to the supervision of the Secretary of Homeland
Security, the United States Secret Service Uniformed Division shall
perform such duties as the Director, United States Secret Service,
may prescribe in connection with the protection of the following:
‘‘(1) The White House in the District of Columbia.
‘‘(2) Any building in which Presidential offices are located.
‘‘(3) The Treasury Building and grounds.
‘‘(4) The President, the Vice President (or other officer
next in the order of succession to the Office of President),
the President-elect, the Vice President-elect, and their immediate families.
‘‘(5) Foreign diplomatic missions located in the metropolitan
area of the District of Columbia.
‘‘(6) The temporary official residence of the Vice President
and grounds in the District of Columbia.
‘‘(7) Foreign diplomatic missions located in metropolitan
areas (other than the District of Columbia) in the United States
where there are located twenty or more such missions headed
by full-time officers, except that such protection shall be provided only—
‘‘(A) on the basis of extraordinary protective need;
‘‘(B) upon request of an affected metropolitan area;
and
‘‘(C) when the extraordinary protective need arises at
or in association with a visit to—

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PUBLIC LAW 109–177—MAR. 9, 2006

‘‘(i) a permanent mission to, or an observer mission
invited to participate in the work of, an international
organization of which the United States is a member;
or
‘‘(ii) an international organization of which the
United States is a member;
except that such protection may also be provided for motorcades and at other places associated with any such visit
and may be extended at places of temporary domicile in
connection with any such visit.
‘‘(8) Foreign consular and diplomatic missions located in
such areas in the United States, its territories and possessions,
as the President, on a case-by-case basis, may direct.
‘‘(9) Visits of foreign government officials to metropolitan
areas (other than the District of Columbia) where there are
located twenty or more consular or diplomatic missions staffed
by accredited personnel, including protection for motorcades
and at other places associated with such visits when such
officials are in the United States to conduct official business
with the United States Government.
‘‘(10) Former Presidents and their spouses, as provided
in section 3056(a)(3) of title 18.
‘‘(11) An event designated under section 3056(e) of title
18 as a special event of national significance.
‘‘(12) Major Presidential and Vice Presidential candidates
and, within 120 days of the general Presidential election, the
spouses of such candidates, as provided in section 3056(a)(7)
of title 18.
‘‘(13) Visiting heads of foreign states or foreign governments.
‘‘(b)(1) Under the direction of the Director of the Secret Service,
members of the United States Secret Service Uniformed Division
are authorized to—
‘‘(A) carry firearms;
‘‘(B) make arrests without warrant for any offense against
the United States committed in their presence, or for any
felony cognizable under the laws of the United States if they
have reasonable grounds to believe that the person to be
arrested has committed or is committing such felony; and
‘‘(C) perform such other functions and duties as are authorized by law.
‘‘(2) Members of the United States Secret Service Uniformed
Division shall possess privileges and powers similar to those of
the members of the Metropolitan Police of the District of Columbia.
‘‘(c) Members of the United States Secret Service Uniformed
Division shall be furnished with uniforms and other necessary
equipment.
‘‘(d) In carrying out the functions pursuant to paragraphs (7)
and (9) of subsection (a), the Secretary of Homeland Security may
utilize, with their consent, on a reimbursable basis, the services,
personnel, equipment, and facilities of State and local governments,
and is authorized to reimburse such State and local governments
for the utilization of such services, personnel, equipment, and facilities. The Secretary of Homeland Security may carry out the functions pursuant to paragraphs (7) and (9) of subsection (a) by contract. The authority of this subsection may be transferred by the
President to the Secretary of State. In carrying out any duty under

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120 STAT. 255

paragraphs (7) and (9) of subsection (a), the Secretary of State
is authorized to utilize any authority available to the Secretary
under title II of the State Department Basic Authorities Act of
1956.’’.
(b) AMENDMENT TO TABLE OF SECTIONS.—The table of sections
at the beginning of chapter 203 of title 18, United States Code,
is amended by inserting after the item relating to section 3056
the following new item:
‘‘3056A. Powers, authorities, and duties of United States Secret Service Uniformed
Division.’’.

(c) CONFORMING REPEAL TO EFFECTUATE TRANSFER.—Chapter
3 of title 3, United States Code, is repealed.
(d) CONFORMING AMENDMENTS TO LAWS AFFECTING DISTRICT
OF COLUMBIA.—(1) Section 1537(d) of title 31, United States Code,
is amended—
(A) by striking ‘‘and the Executive Protective Service’’ and
inserting ‘‘and the Secret Service Uniformed Division’’; and
(B) by striking ‘‘their protective duties’’ and all that follows
and inserting ‘‘their protective duties under sections 3056 and
3056A of title 18.’’.
(2) Section 204(e) of the State Department Basic Authorities
Act (sec. 6–1304(e), D.C. Official Code) is amended by striking
‘‘section 202 of title 3, United States Code, or section 3056’’ and
inserting ‘‘sections 3056 or 3056A’’.
(3) Section 214(a) of the State Department Basic Authorities
Act (sec. 6–1313(a), D.C. Official Code) is amended by striking
‘‘sections 202(8) and 208 of title 3’’ and inserting ‘‘section 3056A(a)(7)
and (d) of title 18’’.
(e) ADDITIONAL CONFORMING AMENDMENTS.—
(1) Title 12, United States Code, section 3414, ‘‘Special
procedures’’, is amended by striking ‘‘3 U.S.C. 202’’ in subsection
(a)(1)(B) and inserting ‘‘18 U.S.C. 3056A’’.
(2) The State Department Basic Authorities Act of 1956
is amended—
(A) in the first sentence of section 37(c) (22 U.S.C.
2709(c)), by striking ‘‘section 202 of title 3, United States
Code, or section 3056 of title 18, United States Code’’
and inserting ‘‘section 3056 or 3056A of title 18, United
States Code’’;
(B) in section 204(e) (22 U.S.C. 4304(e)), by striking
‘‘section 202 of title 3, United States Code, or section 3056
of title 18, United States Code’’ and inserting ‘‘section 3056
or 3056A of title 18, United States Code’’; and
(C) in section 214(a) (22 U.S.C. 4314(a)), by striking
‘‘sections 202(7) and 208 of title 3, United States Code’’
and inserting ‘‘subsections (a)(7) and (d) of section 3056A
of title 18, United States Code’’.
(3) Section 8D(a)(1)(F) of the Inspector General Act of 1978
(5 U.S.C. App.) is amended by striking ‘‘section 202 of title
3’’ and inserting ‘‘section 3056A of title 18’’.
(4) Section 8I(a)(1)(E) of the Inspector General Act of 1978
(5 U.S.C. App.) is amended by striking ‘‘section 202 of title
3’’ and inserting ‘‘section 3056A of title 18’’.

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22 USC 4304.

22 USC 4314.

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120 STAT. 256
18 USC 3056A
note.

PUBLIC LAW 109–177—MAR. 9, 2006

SEC. 606. SAVINGS PROVISIONS.

(a) This title does not affect the retirement benefits of current
employees or annuitants that existed on the day before the effective
date of this Act.
(b) This title does not affect any Executive order transferring
to the Secretary of State the authority of section 208 of title 3
(now section 3056A(d) of title 18) in effect on the day before the
effective date of this Act.
SEC. 607. MAINTENANCE AS DISTINCT ENTITY.

Section 3056 of title 18 is amended by adding the following
at the end of the section:
‘‘(g) The United States Secret Service shall be maintained as
a distinct entity within the Department of Homeland Security and
shall not be merged with any other Department function. No personnel and operational elements of the United States Secret Service
shall report to an individual other than the Director of the United
States Secret Service, who shall report directly to the Secretary
of Homeland Security without being required to report through
any other official of the Department.’’.
SEC. 608. EXEMPTIONS FROM THE FEDERAL ADVISORY COMMITTEE
ACT.

(a) ADVISORY COMMITTEE REGARDING PROTECTION OF MAJOR
PRESIDENTIAL AND VICE PRESIDENTIAL CANDIDATES.—Section
3056(a)(7) of title 18, United States Code, is amended by inserting
‘‘The Committee shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App. 2).’’ after ‘‘other members of the Committee.’’.
(b) ELECTRONIC CRIMES TASK FORCES.—Section 105 of Public
Law 107–56 (18 U.S.C. 3056 note) is amended by inserting ‘‘The
electronic crimes task forces shall not be subject to the Federal
Advisory Committee Act (5 U.S.C. App. 2).’’ after ‘‘financial payment
systems.’’.
Combat Methamphetamine
Epidemic Act of
2005.
21 USC 801 note.

TITLE
VII—COMBAT
METHAMPHETAMINE EPIDEMIC ACT OF 2005
SEC. 701. SHORT TITLE.

This title may be cited as the ‘‘Combat Methamphetamine
Epidemic Act of 2005’’.

Subtitle A—Domestic Regulation of
Precursor Chemicals
SEC. 711. SCHEDULED LISTED CHEMICAL PRODUCTS; RESTRICTIONS
ON SALES QUANTITY, BEHIND-THE-COUNTER ACCESS,
AND OTHER SAFEGUARDS.

(a) SCHEDULED LISTED CHEMICAL PRODUCTS.—
(1) IN GENERAL.—Section 102 of the Controlled Substances
Act (21 U.S.C. 802) is amended—
(A) by redesignating paragraph (46) as paragraph (49);
and

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(B) by inserting after paragraph (44) the following
paragraphs:
‘‘(45)(A) The term ‘scheduled listed chemical product’ means,
subject to subparagraph (B), a product that—
‘‘(i) contains ephedrine, pseudoephedrine, or phenylpropanolamine; and
‘‘(ii) may be marketed or distributed lawfully in the United
States under the Federal, Food, Drug, and Cosmetic Act as
a nonprescription drug.
Each reference in clause (i) to ephedrine, pseudoephedrine, or
phenylpropanolamine includes each of the salts, optical isomers,
and salts of optical isomers of such chemical.
‘‘(B) Such term does not include a product described in subparagraph (A) if the product contains a chemical specified in such
subparagraph that the Attorney General has under section 201(a)
added to any of the schedules under section 202(c). In the absence
of such scheduling by the Attorney General, a chemical specified
in such subparagraph may not be considered to be a controlled
substance.
‘‘(46) The term ‘regulated seller’ means a retail distributor
(including a pharmacy or a mobile retail vendor), except that such
term does not include an employee or agent of such distributor.
‘‘(47) The term ‘mobile retail vendor’ means a person or entity
that makes sales at retail from a stand that is intended to be
temporary, or is capable of being moved from one location to
another, whether the stand is located within or on the premises
of a fixed facility (such as a kiosk at a shopping center or an
airport) or whether the stand is located on unimproved real estate
(such as a lot or field leased for retail purposes).
‘‘(48) The term ‘at retail’, with respect to the sale or purchase
of a scheduled listed chemical product, means a sale or purchase
for personal use, respectively.’’.
(2) CONFORMING AMENDMENTS.—The Controlled Substances
Act (21 U.S.C. 801 et seq.) is amended—
(A) in section 102, in paragraph (49) (as redesignated
by paragraph (1)(A) of this subsection)—
(i)
in
subparagraph
(A),
by
striking
‘‘pseudoephedrine or’’ and inserting ‘‘ephedrine,
pseudoephedrine, or’’; and
(ii) by striking subparagraph (B) and redesignating
subparagraph (C) as subparagraph (B); and
(B) in section 310(b)(3)(D)(ii), by striking ‘‘102(46)’’ and
inserting ‘‘102(49)’’.
(b) RESTRICTIONS ON SALES QUANTITY; BEHIND-THE-COUNTER
ACCESS; LOGBOOK REQUIREMENT; TRAINING OF SALES PERSONNEL;
PRIVACY PROTECTIONS.—
(1) IN GENERAL.—Section 310 of the Controlled Substances
Act (21 U.S.C. 830) is amended by adding at the end the
following subsections:
‘‘(d) SCHEDULED LISTED CHEMICALS; RESTRICTIONS ON SALES
QUANTITY; REQUIREMENTS REGARDING NONLIQUID FORMS.—With
respect to ephedrine base, pseudoephedrine base, or phenylpropanolamine base in a scheduled listed chemical product—
‘‘(1) the quantity of such base sold at retail in such a
product by a regulated seller, or a distributor required to submit
reports by subsection (b)(3) may not, for any purchaser, exceed

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a daily amount of 3.6 grams, without regard to the number
of transactions; and
‘‘(2) such a seller or distributor may not sell such a product
in nonliquid form (including gel caps) at retail unless the
product is packaged in blister packs, each blister containing
not more than 2 dosage units, or where the use of blister
packs is technically infeasible, the product is packaged in unit
dose packets or pouches.
‘‘(e) SCHEDULED LISTED CHEMICALS; BEHIND-THE-COUNTER
ACCESS; LOGBOOK REQUIREMENT; TRAINING OF SALES PERSONNEL;
PRIVACY PROTECTIONS.—
‘‘(1) REQUIREMENTS REGARDING RETAIL TRANSACTIONS.—
‘‘(A) IN GENERAL.—Each regulated seller shall ensure
that, subject to subparagraph (F), sales by such seller of
a scheduled listed chemical product at retail are made
in accordance with the following:
‘‘(i) In offering the product for sale, the seller places
the product such that customers do not have direct
access to the product before the sale is made (in this
paragraph referred to as ‘behind-the-counter’ placement). For purposes of this paragraph, a behind-thecounter placement of a product includes circumstances
in which the product is stored in a locked cabinet
that is located in an area of the facility involved to
which customers do have direct access.
‘‘(ii) The seller delivers the product directly into
the custody of the purchaser.
‘‘(iii) The seller maintains, in accordance with criteria issued by the Attorney General, a written or
electronic list of such sales that identifies the products
by name, the quantity sold, the names and addresses
of purchasers, and the dates and times of the sales
(which list is referred to in this subsection as the
‘logbook’), except that such requirement does not apply
to any purchase by an individual of a single sales
package if that package contains not more than 60
milligrams of pseudoephedrine.
‘‘(iv) In the case of a sale to which the requirement
of clause (iii) applies, the seller does not sell such
a product unless—
‘‘(I) the prospective purchaser—
‘‘(aa) presents an identification card that
provides a photograph and is issued by a State
or the Federal Government, or a document
that, with respect to identification, is considered acceptable for purposes of sections
274a.2(b)(1)(v)(A) and 274a.2(b)(1)(v)(B) of title
8, Code of Federal Regulations (as in effect
on or after the date of the enactment of the
Combat Methamphetamine Epidemic Act of
2005); and
‘‘(bb) signs the logbook and enters in the
logbook his or her name, address, and the
date and time of the sale; and
‘‘(II) the seller—

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‘‘(aa) determines that the name entered
in the logbook corresponds to the name provided on such identification and that the date
and time entered are correct; and
‘‘(bb) enters in the logbook the name of
the product and the quantity sold.
‘‘(v) The logbook includes, in accordance with criteria of the Attorney General, a notice to purchasers
that entering false statements or misrepresentations
in the logbook may subject the purchasers to criminal
penalties under section 1001 of title 18, United States
Code, which notice specifies the maximum fine and
term of imprisonment under such section.
‘‘(vi) The seller maintains each entry in the logbook
for not fewer than two years after the date on which
the entry is made.
‘‘(vii) In the case of individuals who are responsible
for delivering such products into the custody of purchasers or who deal directly with purchasers by
obtaining payments for the products, the seller has
submitted to the Attorney General a self-certification
that all such individuals have, in accordance with criteria under subparagraph (B)(ii), undergone training
provided by the seller to ensure that the individuals
understand the requirements that apply under this
subsection and subsection (d).
‘‘(viii) The seller maintains a copy of such certification and records demonstrating that individuals
referred to in clause (vii) have undergone the training.
‘‘(ix) If the seller is a mobile retail vendor:
‘‘(I) The seller complies with clause (i) by
placing the product in a locked cabinet.
‘‘(II) The seller does not sell more than 7.5
grams of ephedrine base, pseudoephedrine base,
or phenylpropanolamine base in such products per
customer during a 30-day period.
‘‘(B) ADDITIONAL PROVISIONS REGARDING CERTIFICATIONS AND TRAINING.—
‘‘(i) IN GENERAL.—A regulated seller may not sell
any scheduled listed chemical product at retail unless
the seller has submitted to the Attorney General the
self-certification referred to in subparagraph (A)(vii).
The certification is not effective for purposes of the
preceding sentence unless, in addition to provisions
regarding the training of individuals referred to in
such subparagraph, the certification includes a statement that the seller understands each of the requirements that apply under this paragraph and under
subsection (d) and agrees to comply with the requirements.
‘‘(ii) ISSUANCE OF CRITERIA; SELF-CERTIFICATION.—
The Attorney General shall by regulation establish
criteria for certifications under this paragraph. The
criteria shall—
‘‘(I) provide that the certifications are self-certifications provided through the program under
clause (iii);

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‘‘(II) provide that a separate certification is
required for each place of business at which a
regulated seller sells scheduled listed chemical
products at retail; and
‘‘(III) include criteria for training under
subparagraph (A)(vii).
‘‘(iii) PROGRAM FOR REGULATED SELLERS.—The
Attorney General shall establish a program regarding
such certifications and training in accordance with the
following:
‘‘(I) The program shall be carried out through
an Internet site of the Department of Justice and
such other means as the Attorney General determines to be appropriate.
‘‘(II) The program shall inform regulated
sellers that section 1001 of title 18, United States
Code, applies to such certifications.
‘‘(III) The program shall make available to
such sellers an explanation of the criteria under
clause (ii).
‘‘(IV) The program shall be designed to permit
the submission of the certifications through such
Internet site.
‘‘(V) The program shall be designed to automatically provide the explanation referred to in
subclause (III), and an acknowledgement that the
Department has received a certification, without
requiring direct interactions of regulated sellers
with staff of the Department (other than the provision of technical assistance, as appropriate).
‘‘(iv) AVAILABILITY OF CERTIFICATION TO STATE AND
LOCAL OFFICIALS.—Promptly after receiving a certification under subparagraph (A)(vii), the Attorney General shall make available a copy of the certification
to the appropriate State and local officials.
‘‘(C) PRIVACY PROTECTIONS.—In order to protect the
privacy of individuals who purchase scheduled listed chemical products, the Attorney General shall by regulation
establish restrictions on disclosure of information in
logbooks under subparagraph (A)(iii). Such regulations
shall—
‘‘(i) provide for the disclosure of the information
as appropriate to the Attorney General and to State
and local law enforcement agencies; and
‘‘(ii) prohibit accessing, using, or sharing information in the logbooks for any purpose other than to
ensure compliance with this title or to facilitate a
product recall to protect public health and safety.
‘‘(D) FALSE STATEMENTS OR MISREPRESENTATIONS BY
PURCHASERS.—For purposes of section 1001 of title 18,
United States Code, entering information in the logbook
under subparagraph (A)(iii) shall be considered a matter
within the jurisdiction of the executive, legislative, or
judicial branch of the Government of the United States.
‘‘(E) GOOD FAITH PROTECTION.—A regulated seller who
in good faith releases information in a logbook under

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subparagraph (A)(iii) to Federal, State, or local law enforcement authorities is immune from civil liability for such
release unless the release constitutes gross negligence or
intentional, wanton, or willful misconduct.
‘‘(F) INAPPLICABILITY OF REQUIREMENTS TO CERTAIN
SALES.—Subparagraph (A) does not apply to the sale at
retail of a scheduled listed chemical product if a report
on the sales transaction is required to be submitted to
the Attorney General under subsection (b)(3).
‘‘(G) CERTAIN MEASURES REGARDING THEFT AND DIVERSION.—A regulated seller may take reasonable measures
to guard against employing individuals who may present
a risk with respect to the theft and diversion of scheduled
listed chemical products, which may include, notwithstanding State law, asking applicants for employment
whether they have been convicted of any crime involving
or related to such products or controlled substances.’’.
(2) EFFECTIVE DATES.—With respect to subsections (d) and
(e)(1) of section 310 of the Controlled Substances Act, as added
by paragraph (1) of this subsection:
(A) Such subsection (d) applies on and after the expiration of the 30-day period beginning on the date of the
enactment of this Act.
(B) Such subsection (e)(1) applies on and after September 30, 2006.
(c) MAIL-ORDER REPORTING.—
(1) IN GENERAL.—Section 310(e) of the Controlled Substances Act, as added by subsection (b)(1) of this section, is
amended by adding at the end the following:
‘‘(2) MAIL-ORDER REPORTING; VERIFICATION OF IDENTITY OF
PURCHASER; 30-DAY RESTRICTION ON QUANTITIES FOR INDIVIDUAL
PURCHASERS.—Each regulated person who makes a sale at
retail of a scheduled listed chemical product and is required
under subsection (b)(3) to submit a report of the sales transaction to the Attorney General is subject to the following:
‘‘(A) The person shall, prior to shipping the product,
confirm the identity of the purchaser in accordance with
procedures established by the Attorney General. The
Attorney General shall by regulation establish such procedures.
‘‘(B) The person may not sell more than 7.5 grams
of ephedrine base, pseudoephedrine base, or phenylpropanolamine base in such products per customer during
a 30-day period.’’.
(2) INAPPLICABILITY OF REPORTING EXEMPTION FOR RETAIL
DISTRIBUTORS.—Section 310(b)(3)(D)(ii) of the Controlled Substances Act (21 U.S.C. 830(b)(3)(D)(ii)) is amended by inserting
before the period the following: ‘‘, except that this clause does
not apply to sales of scheduled listed chemical products at
retail’’.
(3) EFFECTIVE DATE.—The amendments made by paragraphs (1) and (2) apply on and after the expiration of the
30-day period beginning on the date of the enactment of this
Act.
(d) EXEMPTIONS FOR CERTAIN PRODUCTS.—Section 310(e) of the
Controlled Substances Act, as added and amended by subsections

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21 USC 844 note.

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(b) and (c) of this section, respectively, is amended by adding
at the end the following paragraph:
‘‘(3) EXEMPTIONS FOR CERTAIN PRODUCTS.—Upon the
application of a manufacturer of a scheduled listed chemical
product, the Attorney General may by regulation provide that
the product is exempt from the provisions of subsection (d)
and paragraphs (1) and (2) of this subsection if the Attorney
General determines that the product cannot be used in the
illicit manufacture of methamphetamine.’’.
(e) RESTRICTIONS ON QUANTITY PURCHASED DURING 30-DAY
PERIOD.—
(1) IN GENERAL.—Section 404(a) of the Controlled Substances Act (21 U.S.C. 844(a)) is amended by inserting after
the second sentence the following: ‘‘It shall be unlawful for
any person to knowingly or intentionally purchase at retail
during a 30 day period more than 9 grams of ephedrine base,
pseudoephedrine base, or phenylpropanolamine base in a scheduled listed chemical product, except that, of such 9 grams,
not more than 7.5 grams may be imported by means of shipping
through any private or commercial carrier or the Postal
Service.’’.
(2) EFFECTIVE DATE.—The amendment made by paragraph
(1) applies on and after the expiration of the 30-day period
beginning on the date of the enactment of this Act.
(f) ENFORCEMENT OF REQUIREMENTS FOR RETAIL SALES.—
(1) CIVIL AND CRIMINAL PENALTIES.—
(A) IN GENERAL.—Section 402(a) of the Controlled Substances Act (21 U.S.C. 842(a)) is amended—
(i) in paragraph (10), by striking ‘‘or’’ after the
semicolon;
(ii) in paragraph (11), by striking the period at
the end and inserting a semicolon; and
(iii) by inserting after paragraph (11) the following
paragraphs:
‘‘(12) who is a regulated seller, or a distributor required
to submit reports under subsection (b)(3) of section 310—
‘‘(A) to sell at retail a scheduled listed chemical product
in violation of paragraph (1) of subsection (d) of such section, knowing at the time of the transaction involved (independent of consulting the logbook under subsection
(e)(1)(A)(iii) of such section) that the transaction is a violation; or
‘‘(B) to knowingly or recklessly sell at retail such a
product in violation of paragraph (2) of such subsection
(d);
‘‘(13) who is a regulated seller to knowingly or recklessly
sell at retail a scheduled listed chemical product in violation
of subsection (e) of such section; or
‘‘(14) who is a regulated seller or an employee or agent
of such seller to disclose, in violation of regulations under
subparagraph (C) of section 310(e)(1), information in logbooks
under subparagraph (A)(iii) of such section, or to refuse to
provide such a logbook to Federal, State, or local law enforcement authorities.’’.
(B) CONFORMING AMENDMENT.—Section 401(f)(1) of the
Controlled Substances Act (21 U.S.C. 841(f)(1)) is amended
by inserting after ‘‘shall’’ the following: ‘‘, except to the

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extent that paragraph (12), (13), or (14) of section 402(a)
applies,’’.
(2) AUTHORITY TO PROHIBIT SALES BY VIOLATORS.—Section
402(c) of the Controlled Substances Act (21 U.S.C. 842(c)) is
amended by adding at the end the following paragraph:
‘‘(4)(A) If a regulated seller, or a distributor required to submit
reports under section 310(b)(3), violates paragraph (12) of subsection
(a) of this section, or if a regulated seller violates paragraph (13)
of such subsection, the Attorney General may by order prohibit
such seller or distributor (as the case may be) from selling any
scheduled listed chemical product. Any sale of such a product in
violation of such an order is subject to the same penalties as
apply under paragraph (2).
‘‘(B) An order under subparagraph (A) may be imposed only
through the same procedures as apply under section 304(c) for
an order to show cause.’’.
(g) PRESERVATION OF STATE AUTHORITY TO REGULATE SCHEDULED LISTED CHEMICALS.—This section and the amendments made
by this section may not be construed as having any legal effect
on section 708 of the Controlled Substances Act as applied to
the regulation of scheduled listed chemicals (as defined in section
102(45) of such Act).

21 USC 802 note.

SEC. 712. REGULATED TRANSACTIONS.

(a) CONFORMING AMENDMENTS REGARDING SCHEDULED LISTED
CHEMICALS.—The Controlled Substances Act (21 U.S.C. 801 et seq.)
is amended—
(1) in section 102—
(A) in paragraph (39)(A)—
(i) by amending clause (iv) to read as follows:
‘‘(iv) any transaction in a listed chemical that is contained in a drug that may be marketed or distributed
lawfully in the United States under the Federal Food,
Drug, and Cosmetic Act, subject to clause (v), unless—
‘‘(I) the Attorney General has determined under
section 204 that the drug or group of drugs is being
diverted to obtain the listed chemical for use in the
illicit production of a controlled substance; and
‘‘(II) the quantity of the listed chemical contained
in the drug included in the transaction or multiple
transactions equals or exceeds the threshold established for that chemical by the Attorney General;’’;
(ii) by redesignating clause (v) as clause (vi); and
(iii) by inserting after clause (iv) the following
clause:
‘‘(v) any transaction in a scheduled listed chemical
product that is a sale at retail by a regulated seller or
a distributor required to submit reports under section
310(b)(3); or’’; and
(B) by striking the paragraph (45) that relates to the
term ‘‘ordinary over-the-counter pseudoephedrine or
phenylpropanolamine product’’;
(2) in section 204, by striking subsection (e); and
(3) in section 303(h), in the second sentence, by striking
‘‘section 102(39)(A)(iv)’’ and inserting ‘‘clause (iv) or (v) of section
102(39)(A)’’.

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21 USC 802.

21 USC 814.
21 USC 823.

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(b) PUBLIC LAW 104–237.—Section 401 of the Comprehensive
Methamphetamine Control Act of 1996 (21 U.S.C. 802 note) (Public
Law 104–237) is amended by striking subsections (d), (e), and
(f).
SEC. 713. AUTHORITY TO ESTABLISH PRODUCTION QUOTAS.

Section 306 of the Controlled Substances Act (21 U.S.C. 826)
is amended—
(1) in subsection (a), by inserting ‘‘and for ephedrine,
pseudoephedrine, and phenylpropanolamine’’ after ‘‘for each
basic class of controlled substance in schedules I and II’’;
(2) in subsection (b), by inserting ‘‘or for ephedrine,
pseudoephedrine, or phenylpropanolamine’’ after ‘‘for each basic
class of controlled substance in schedule I or II’’;
(3) in subsection (c), in the first sentence, by inserting
‘‘and for ephedrine, pseudoephedrine, and phenylpropanolamine’’ after ‘‘for the basic classes of controlled substances in
schedules I and II’’;
(4) in subsection (d), by inserting ‘‘or ephedrine,
pseudoephedrine, or phenylpropanolamine’’ after ‘‘that basic
class of controlled substance’’;
(5) in subsection (e), by inserting ‘‘or for ephedrine,
pseudoephedrine, or phenylpropanolamine’’ after ‘‘for a basic
class of controlled substance in schedule I or II’’;
(6) in subsection (f)—
(A) by inserting ‘‘or ephedrine, pseudoephedrine, or
phenylpropanolamine’’ after ‘‘controlled substances in
schedules I and II’’;
(B) by inserting ‘‘or of ephedrine, pseudoephedrine,
or phenylpropanolamine’’ after ‘‘the manufacture of a controlled substance’’; and
(C) by inserting ‘‘or chemicals’’ after ‘‘such incidentally
produced substances’’; and
(7) by adding at the end the following subsection:
‘‘(g) Each reference in this section to ephedrine,
pseudoephedrine, or phenylpropanolamine includes each of the
salts, optical isomers, and salts of optical isomers of such chemical.’’.
SEC. 714. PENALTIES; AUTHORITY FOR MANUFACTURING; QUOTA.

Section 402(b) of the Controlled Substances Act (21 U.S.C.
842(b)) is amended by inserting after ‘‘manufacture a controlled
substance in schedule I or II’’ the following: ‘‘, or ephedrine,
pseudoephedrine, or phenylpropanolamine or any of the salts,
optical isomers, or salts of optical isomers of such chemical,’’.
SEC. 715. RESTRICTIONS ON IMPORTATION; AUTHORITY TO PERMIT
IMPORTS FOR MEDICAL, SCIENTIFIC, OR OTHER LEGITIMATE PURPOSES.

Section 1002 of the Controlled Substances Import and Export
Act (21 U.S.C. 952) is amended—
(1) in subsection (a)—
(A) in the matter preceding paragraph (1), by inserting
‘‘or ephedrine, pseudoephedrine, or phenylpropanolamine,’’
after ‘‘schedule III, IV, or V of title II,’’; and
(B) in paragraph (1), by inserting ‘‘, and of ephedrine,
pseudoephedrine, and phenylpropanolamine, ’’ after ‘‘coca
leaves’’; and
(2) by adding at the end the following subsections:

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‘‘(d)(1) With respect to a registrant under section 1008 who
is authorized under subsection (a)(1) to import ephedrine,
pseudoephedrine, or phenylpropanolamine, at any time during the
year the registrant may apply for an increase in the amount of
such chemical that the registrant is authorized to import, and
the Attorney General may approve the application if the Attorney
General determines that the approval is necessary to provide for
medical, scientific, or other legitimate purposes regarding the chemical.
‘‘(2) With respect to the application under paragraph (1):
‘‘(A) Not later than 60 days after receiving the application,
the Attorney General shall approve or deny the application.
‘‘(B) In approving the application, the Attorney General
shall specify the period of time for which the approval is in
effect, or shall provide that the approval is effective until the
registrant involved is notified in writing by the Attorney General that the approval is terminated.
‘‘(C) If the Attorney General does not approve or deny
the application before the expiration of the 60-day period under
subparagraph (A), the application is deemed to be approved,
and such approval remains in effect until the Attorney General
notifies the registrant in writing that the approval is terminated.
‘‘(e) Each reference in this section to ephedrine,
pseudoephedrine, or phenylpropanolamine includes each of the
salts, optical isomers, and salts of optical isomers of such chemical.’’.

Deadline.

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

(a) IN GENERAL.—Section 1018 of the Controlled Substances
Import and Export Act (21 U.S.C. 971) is amended—
(1) in subsection (b)(1), in the first sentence, by striking
‘‘or to an importation by a regular importer’’ and inserting
‘‘or to a transaction that is an importation by a regular
importer’’;
(2) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively;
(3) by inserting after subsection (c) the following subsection:
‘‘(d)(1)(A) Information provided in a notice under subsection
(a) or (b) shall include the name of the person to whom the importer
or exporter involved intends to transfer the listed chemical involved,
and the quantity of such chemical to be transferred.
‘‘(B) In the case of a notice under subsection (b) submitted
by a regular importer, if the transferee identified in the notice
is not a regular customer, such importer may not transfer the
listed chemical until after the expiration of the 15-day period beginning on the date on which the notice is submitted to the Attorney
General.
‘‘(C) After a notice under subsection (a) or (b) is submitted
to the Attorney General, if circumstances change and the importer
or exporter will not be transferring the listed chemical to the
transferee identified in the notice, or will be transferring a greater
quantity of the chemical than specified in the notice, the importer
or exporter shall update the notice to identify the most recent
prospective transferee or the most recent quantity or both (as
the case may be) and may not transfer the listed chemical until
after the expiration of the 15-day period beginning on the date

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Applicability.

Deadline.

Notification.

Deadlines.

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on which the update is submitted to the Attorney General, except
that such 15-day restriction does not apply if the prospective transferee identified in the update is a regular customer. The preceding
sentence applies with respect to changing circumstances regarding
a transferee or quantity identified in an update to the same extent
and in the same manner as such sentence applies with respect
to changing circumstances regarding a transferee or quantity identified in the original notice under subsection (a) or (b).
‘‘(D) In the case of a transfer of a listed chemical that is
subject to a 15-day restriction under subparagraph (B) or (C), the
transferee involved shall, upon the expiration of the 15-day period,
be considered to qualify as a regular customer, unless the Attorney
General otherwise notifies the importer or exporter involved in
writing.
‘‘(2) With respect to a transfer of a listed chemical with which
a notice or update referred to in paragraph (1) is concerned:
‘‘(A) The Attorney General, in accordance with the same
procedures as apply under subsection (c)(2)—
‘‘(i) may order the suspension of the transfer of the
listed chemical by the importer or exporter involved, except
for a transfer to a regular customer, on the ground that
the chemical may be diverted to the clandestine manufacture of a controlled substance (without regard to the form
of the chemical that may be diverted, including the diversion of a finished drug product to be manufactured from
bulk chemicals to be transferred), subject to the Attorney
General ordering such suspension before the expiration
of the 15-day period referred to in paragraph (1) with
respect to the importation or exportation (in any case in
which such a period applies); and
‘‘(ii) may, for purposes of clause (i) and paragraph
(1), disqualify a regular customer on such ground.
‘‘(B) From and after the time when the Attorney General
provides written notice of the order under subparagraph (A)
(including a statement of the legal and factual basis for the
order) to the importer or exporter, the importer or exporter
may not carry out the transfer.
‘‘(3) For purposes of this subsection:
‘‘(A) The terms ‘importer’ and ‘exporter’ mean a regulated
person who imports or exports a listed chemical, respectively.
‘‘(B) The term ‘transfer’, with respect to a listed chemical,
includes the sale of the chemical.
‘‘(C) The term ‘transferee’ means a person to whom an
importer or exporter transfers a listed chemical.’’; and
(4) by adding at the end the following subsection:
‘‘(g) Within 30 days after a transaction covered by this section
is completed, the importer or exporter shall send the Attorney
General a return declaration containing particulars of the transaction, including the date, quantity, chemical, container, name of
transferees, and such other information as the Attorney General
may specify in regulations. For importers, a single return declaration may include the particulars of both the importation and distribution. If the importer has not distributed all chemicals imported
by the end of the initial 30-day period, the importer shall file
supplemental return declarations no later than 30 days from the
date of any further distribution, until the distribution or other

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disposition of all chemicals imported pursuant to the import notification or any update are accounted for.’’.
(b) CONFORMING AMENDMENTS.—
(1) CONTROLLED SUBSTANCES IMPORT AND EXPORT ACT.—
The Controlled Substances Import and Export Act (21 U.S.C.
951 et seq.) is amended—
(A) in section 1010(d)(5), by striking ‘‘section 1018(e)(2)
or (3)’’ and inserting ‘‘paragraph (2) or (3) of section
1018(f)’’; and
(B) in section 1018(c)(1), in the first sentence, by
inserting before the period the following: ‘‘(without regard
to the form of the chemical that may be diverted, including
the diversion of a finished drug product to be manufactured
from bulk chemicals to be transferred)’’.
(2) CONTROLLED SUBSTANCES ACT.—Section 310(b)(3)(D)(v)
of the Controlled Substances Act (21 U.S.C. 830(b)(3)(D)(v))
is amended by striking ‘‘section 1018(e)(2)’’ and inserting ‘‘section 1018(f)(2)’’.

21 USC 960.

21 USC 971.

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

Section 1010(d)(6) of the Controlled Substances Import and
Export Act (21 U.S.C. 960(d)(6)) is amended to read as follows:
‘‘(6) imports a listed chemical in violation of section 1002,
imports or exports such a chemical in violation of section 1007
or 1018, or transfers such a chemical in violation of section
1018(d); or’’.
SEC. 718. COORDINATION WITH UNITED STATES TRADE REPRESENTATIVE.

21 USC 826 note.

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

Subtitle B—International Regulation of
Precursor Chemicals
SEC. 721. INFORMATION ON FOREIGN CHAIN OF DISTRIBUTION;
IMPORT RESTRICTIONS REGARDING FAILURE OF
DISTRIBUTORS TO COOPERATE.

Section 1018 of the Controlled Substances Import and Export
Act (21 U.S.C. 971), as amended by section 716(a)(4) of this title,
is further amended by adding at the end the following subsection:
‘‘(h)(1) With respect to a regulated person importing ephedrine,
pseudoephedrine, or phenylpropanolamine (referred to in this section as an ‘importer’), a notice of importation under subsection
(a) or (b) shall include all information known to the importer
on the chain of distribution of such chemical from the manufacturer
to the importer.
‘‘(2) For the purpose of preventing or responding to the diversion
of ephedrine, pseudoephedrine, or phenylpropanolamine for use in
the illicit production of methamphetamine, the Attorney General
may, in the case of any person who is a manufacturer or distributor
of such chemical in the chain of distribution referred to in paragraph

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120 STAT. 268

Deadline.
Federal Register,
publication.
Notice.

PUBLIC LAW 109–177—MAR. 9, 2006

(1) (which person is referred to in this subsection as a ‘foreignchain distributor’), request that such distributor provide to the
Attorney General information known to the distributor on the distribution of the chemical, including sales.
‘‘(3) If the Attorney General determines that a foreign-chain
distributor is refusing to cooperate with the Attorney General in
obtaining the information referred to in paragraph (2), the Attorney
General may, in accordance with procedures that apply under subsection (c), issue an order prohibiting the importation of ephedrine,
pseudoephedrine, or phenylpropanolamine in any case in which
such distributor is part of the chain of distribution for such chemical. Not later than 60 days prior to issuing the order, the Attorney
General shall publish in the Federal Register a notice of intent
to issue the order. During such 60-day period, imports of the chemical with respect to such distributor may not be restricted under
this paragraph.’’.
SEC. 722. REQUIREMENTS RELATING TO THE LARGEST EXPORTING
AND IMPORTING COUNTRIES OF CERTAIN PRECURSOR
CHEMICALS.

(a) REPORTING REQUIREMENTS.—Section 489(a) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2291h(a)) is amended by adding
at the end the following new paragraph:
‘‘(8)(A) A separate section that contains the following:
‘‘(i) An identification of the five countries that exported
the largest amount of pseudoephedrine, ephedrine, and
phenylpropanolamine (including the salts, optical isomers,
or salts of optical isomers of such chemicals, and also
including any products or substances containing such
chemicals) during the preceding calendar year.
‘‘(ii) An identification of the five countries that
imported the largest amount of the chemicals described
in clause (i) during the preceding calendar year and have
the highest rate of diversion of such chemicals for use
in the illicit production of methamphetamine (either in
that country or in another country).
‘‘(iii) An economic analysis of the total worldwide
production of the chemicals described in clause (i) as compared to the legitimate demand for such chemicals worldwide.
‘‘(B) The identification of countries that imported the
largest amount of chemicals under subparagraph (A)(ii) shall
be based on the following:
‘‘(i) An economic analysis that estimates the legitimate
demand for such chemicals in such countries as compared
to the actual or estimated amount of such chemicals that
is imported into such countries.
‘‘(ii) The best available data and other information
regarding the production of methamphetamine in such
countries and the diversion of such chemicals for use in
the production of methamphetamine.’’.
(b) ANNUAL CERTIFICATION PROCEDURES.—Section 490(a) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2291j(a)) is amended—
(1) in paragraph (1), by striking ‘‘major illicit drug producing country or major drug-transit country’’ and inserting
‘‘major illicit drug producing country, major drug-transit

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country, or country identified pursuant to clause (i) or (ii)
of section 489(a)(8)(A) of this Act’’; and
(2) in paragraph (2), by inserting after ‘‘(as determined
under subsection (h))’’ the following: ‘‘or country identified
pursuant to clause (i) or (ii) of section 489(a)(8)(A) of this
Act’’.
(c) CONFORMING AMENDMENT.—Section 706 of the Foreign Relations Authorization Act, Fiscal Year 2003 (22 U.S.C. 2291j–1) is
amended in paragraph (5) by adding at the end the following:
‘‘(C) Nothing in this section shall affect the requirements
of section 490 of the Foreign Assistance Act of 1961 (22 U.S.C.
2291j) with respect to countries identified pursuant to section
clause (i) or (ii) of 489(a)(8)(A) of the Foreign Assistance Act
of 1961.’’.
(d) PLAN TO ADDRESS DIVERSION OF PRECURSOR CHEMICALS.—
In the case of each country identified pursuant to clause (i) or
(ii) of section 489(a)(8)(A) of the Foreign Assistance Act of 1961
(as added by subsection (a)) with respect to which the President
has not transmitted to Congress a certification under section 490(b)
of such Act (22 U.S.C. 2291j(b)), the Secretary of State, in consultation with the Attorney General, shall, not later than 180 days
after the date on which the President transmits the report required
by section 489(a) of such Act (22 U.S.C. 2291h(a)), submit to Congress a comprehensive plan to address the diversion of the chemicals
described in section 489(a)(8)(A)(i) of such Act to the illicit production of methamphetamine in such country or in another country,
including the establishment, expansion, and enhancement of regulatory, law enforcement, and other investigative efforts to prevent
such diversion.
(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to the Secretary of State to carry out this
section $1,000,000 for each of the fiscal years 2006 and 2007.
SEC. 723. PREVENTION OF SMUGGLING OF METHAMPHETAMINE INTO
THE UNITED STATES FROM MEXICO.

Deadline.
22 USC 2291h
note.

22 USC 2291
note.

(a) IN GENERAL.—The Secretary of State, acting through the
Assistant Secretary of the Bureau for International Narcotics and
Law Enforcement Affairs, shall take such actions as are necessary
to prevent the smuggling of methamphetamine into the United
States from Mexico.
(b) SPECIFIC ACTIONS.—In carrying out subsection (a), the Secretary shall—
(1) improve bilateral efforts at the United States-Mexico
border to prevent the smuggling of methamphetamine into
the United States from Mexico;
(2) seek to work with Mexican law enforcement authorities
to improve the ability of such authorities to combat the production and trafficking of methamphetamine, including by providing equipment and technical assistance, as appropriate; and
(3) encourage the Government of Mexico to take immediate
action to reduce the diversion of pseudoephedrine by drug trafficking organizations for the production and trafficking of methamphetamine.
(c) REPORT.—Not later than one year after the date of the
enactment of this Act, and annually thereafter, the Secretary shall
submit to the appropriate congressional committees a report on
the implementation of this section for the prior year.

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(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to the Secretary to carry out this section
$4,000,000 for each of the fiscal years 2006 and 2007.

Subtitle C—Enhanced Criminal Penalties
for Methamphetamine Production and
Trafficking
21 USC 865.

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

(a) ENHANCED PRISON SENTENCE.—The sentence of imprisonment imposed on a person convicted of an offense under the Controlled Substances Act (21 U.S.C. 801 et seq.) or the Controlled
Substances Import and Export Act (21 U.S.C. 951 et seq.), involving
methamphetamine or any listed chemical that is defined in section
102(33) of the Controlled Substances Act (21 U.S.C. 802(33), shall,
if the offense is committed under the circumstance described in
subsection (b), be increased by a consecutive term of imprisonment
of not more than 15 years.
(b) CIRCUMSTANCES.—For purposes of subsection (a), the circumstance described in this subsection is that the offense described
in subsection (a) was committed by a person who—
(1) was enrolled in, or who was acting on behalf of any
person or entity enrolled in, any dedicated commuter lane,
alternative or accelerated inspection system, or other facilitated
entry program administered or approved by the Federal Government for use in entering the United States; and
(2) committed the offense while entering the United States,
using such lane, system, or program.
(c) PERMANENT INELIGIBILITY.—Any person whose term of
imprisonment is increased under subsection (a) shall be permanently and irrevocably barred from being eligible for or using any
lane, system, or program described in subsection (b)(1).
SEC. 732. MANUFACTURING CONTROLLED SUBSTANCES ON FEDERAL
PROPERTY.

Subsection (b) of section 401 of the Controlled Substances Act
(21 U.S.C. 841(b)) is amended in paragraph (5) by inserting ‘‘or
manufacturing’’ after ‘‘cultivating’’.
SEC. 733. INCREASED PUNISHMENT FOR METHAMPHETAMINE KINGPINS.

Applicability.

Section 408 of the Controlled Substances Act (21 U.S.C. 848)
is amended by adding at the end the following:
‘‘(s) SPECIAL PROVISION FOR METHAMPHETAMINE.—For the purposes of subsection (b), in the case of continuing criminal enterprise
involving methamphetamine or its salts, isomers, or salts of isomers,
paragraph (2)(A) shall be applied by substituting ‘200’ for ‘300’,
and paragraph (2)(B) shall be applied by substituting ‘$5,000,000’
for ‘$10 million dollars’.’’.
SEC. 734. NEW CHILD-PROTECTION CRIMINAL ENHANCEMENT.

(a) IN GENERAL.—The Controlled Substances Act is amended
by inserting after section 419 (21 U.S.C. 860) the following:

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‘‘CONSECUTIVE

SENTENCE FOR MANUFACTURING OR DISTRIBUTING, OR
POSSESSING WITH INTENT TO MANUFACTURE OR DISTRIBUTE, METHAMPHETAMINE ON PREMISES WHERE CHILDREN ARE PRESENT OR
RESIDE

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

21 USC 860a.

‘‘Sec. 419a. Consecutive sentence for manufacturing or distributing, or possessing
with intent to manufacture or distribute, methamphetamine on premises where children are present or reside.’’.
SEC. 735. AMENDMENTS TO CERTAIN SENTENCING COURT REPORTING
REQUIREMENTS.

Section 994(w) of title 28, United States Code, is amended—
(1) in paragraph (1)—
(A) by inserting ‘‘, in a format approved and required
by the Commission,’’ after ‘‘submits to the Commission’’;
(B) in subparagraph (B)—
(i) by inserting ‘‘written’’ before ‘‘statement of reasons’’; and
(ii) by inserting ‘‘and which shall be stated on
the written statement of reasons form issued by the
Judicial Conference and approved by the United States
Sentencing Commission’’ after ‘‘applicable guideline
range’’; and
(C) by adding at the end the following:
‘‘The information referred to in subparagraphs (A) through (F)
shall be submitted by the sentencing court in a format approved
and required by the Commission.’’; and
(2) in paragraph (4), by striking ‘‘may assemble or maintain
in electronic form that include any’’ and inserting ‘‘itself may
assemble or maintain in electronic form as a result of the’’.
SEC. 736. SEMIANNUAL REPORTS TO CONGRESS.

21 USC 871a.

(a) IN GENERAL.—The Attorney General shall, on a semiannual
basis, submit to the congressional committees and organizations
specified in subsection (b) reports that—
(1) describe the allocation of the resources of the Drug
Enforcement Administration and the Federal Bureau of Investigation for the investigation and prosecution of alleged violations of the Controlled Substances Act involving methamphetamine; and
(2) the measures being taken to give priority in the allocation of such resources to such violations involving—
(A) persons alleged to have imported into the United
States substantial quantities of methamphetamine or
scheduled listed chemicals (as defined pursuant to the
amendment made by section 711(a)(1));

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(B) persons alleged to have manufactured methamphetamine; and
(C) circumstances in which the violations have endangered children.
(b) CONGRESSIONAL COMMITTEES.—The congressional committees and organizations referred to in subsection (a) are—
(1) in the House of Representatives, the Committee on
the Judiciary, the Committee on Energy and Commerce, and
the Committee on Government Reform; and
(2) in the Senate, the Committee on the Judiciary, the
Committee on Commerce, Science, and Transportation, and
the Caucus on International Narcotics Control.

Subtitle D—Enhanced Environmental Regulation of Methamphetamine Byproducts
SEC. 741. BIENNIAL REPORT TO CONGRESS ON AGENCY DESIGNATIONS
OF BY-PRODUCTS OF METHAMPHETAMINE LABORATORIES AS HAZARDOUS MATERIALS.

Section 5103 of title 49, Unites States Code, is amended by
adding at the end the following:
‘‘(d) BIENNIAL REPORT.—The Secretary of Transportation shall
submit to the Committee on Transportation and Infrastructure
of the House of Representatives and the Senate Committee on
Commerce, Science, and Transportation a biennial report providing
information on whether the Secretary has designated as hazardous
materials for purposes of chapter 51 of such title all by-products
of the methamphetamine-production process that are known by
the Secretary to pose an unreasonable risk to health and safety
or property when transported in commerce in a particular amount
and form.’’.
SEC. 742. METHAMPHETAMINE PRODUCTION REPORT.

Section 3001 of the Solid Waste Disposal Act (42 U.S.C. 6921)
is amended at the end by adding the following:
‘‘(j) METHAMPHETAMINE PRODUCTION.—Not later than every 24
months, the Administrator shall submit to the Committee on Energy
and Commerce of the House of Representatives and the Committee
on Environment and Public Works of the Senate a report setting
forth information collected by the Administrator from law enforcement agencies, States, and other relevant stakeholders that identifies the byproducts of the methamphetamine production process
and whether the Administrator considers each of the byproducts
to be a hazardous waste pursuant to this section and relevant
regulations.’’.
SEC. 743. CLEANUP COSTS.

(a) IN GENERAL.—Section 413(q) of the Controlled Substances
Act (21 U.S.C. 853(q)) is amended—
(1) in the matter preceding paragraph (1), by inserting
‘‘, the possession, or the possession with intent to distribute,’’
after ‘‘manufacture’’; and
(2) in paragraph (2), by inserting ‘‘, or on premises or
in property that the defendant owns, resides, or does business
in’’ after ‘‘by the defendant’’.

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(b) SAVINGS CLAUSE.—Nothing in this section shall be interpreted or construed to amend, alter, or otherwise affect the obligations, liabilities and other responsibilities of any person under any
Federal or State environmental laws.

21 USC 853 note.

Subtitle E—Additional Programs and
Activities
SEC. 751. IMPROVEMENTS TO DEPARTMENT OF JUSTICE DRUG COURT
GRANT PROGRAM.

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

Regulations.

SEC. 752. DRUG COURTS FUNDING.

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

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42 USC 3793.

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SEC. 753. FEASIBILITY STUDY ON FEDERAL DRUG COURTS.

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

Deadline.

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

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

‘‘PART II—CONFRONTING USE OF
METHAMPHETAMINE

Intergovernmental
relations.
42 USC 3797cc.

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

‘‘(a) PURPOSE AND PROGRAM AUTHORITY.—
‘‘(1) PURPOSE.—It is the purpose of this part to assist
States—
‘‘(A) to carry out programs to address the manufacture,
sale, and use of methamphetamine drugs; and
‘‘(B) to improve the ability of State and local government institutions of to carry out such programs.
‘‘(2) GRANT AUTHORIZATION.—The Attorney General,
through the Bureau of Justice Assistance in the Office of Justice
Programs may make grants to States to address the manufacture, sale, and use of methamphetamine to enhance public
safety.
‘‘(3) GRANT PROJECTS TO ADDRESS METHAMPHETAMINE
MANUFACTURE SALE AND USE.—Grants made under subsection
(a) may be used for programs, projects, and other activities
to—
‘‘(A) investigate, arrest and prosecute individuals violating laws related to the use, manufacture, or sale of
methamphetamine;
‘‘(B) reimburse the Drug Enforcement Administration
for expenses related to the clean up of methamphetamine
clandestine labs;
‘‘(C) support State and local health department and
environmental agency services deployed to address methamphetamine; and
‘‘(D) procure equipment, technology, or support systems, or pay for resources, if the applicant for such a
grant demonstrates to the satisfaction of the Attorney General that expenditures for such purposes would result in
the reduction in the use, sale, and manufacture of methamphetamine.
42 USC
3797cc–1.

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‘‘SEC. 2997. FUNDING.

‘‘There are authorized to be appropriated to carry out this
part $99,000,000 for each fiscal year 2006, 2007, 2008, 2009, and
2010.’’.

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SEC. 755. GRANTS FOR PROGRAMS FOR DRUG-ENDANGERED CHILDREN.

42 USC
3797cc–2.

(a) IN GENERAL.—The Attorney General shall make grants
to States for the purpose of carrying out programs to provide
comprehensive services to aid children who are living in a home
in which methamphetamine or other controlled substances are
unlawfully manufactured, distributed, dispensed, or used.
(b) CERTAIN REQUIREMENTS.—The Attorney General shall
ensure that the services carried out with grants under subsection
(a) include the following:
(1) Coordination among law enforcement agencies, prosecutors, child protective services, social services, health care services, and any other services determined to be appropriate by
the Attorney General to provide assistance regarding the problems of children described in subsection (a).
(2) Transition of children from toxic or drug-endangering
environments to appropriate residential environments.
(c) AUTHORIZATION OF APPROPRIATIONS.—For the purpose of
carrying out this section, there are authorized to be appropriated
$20,000,000 for each of the fiscal years 2006 and 2007. Amounts
appropriated under the preceding sentence shall remain available
until expended.
SEC. 756. AUTHORITY TO AWARD COMPETITIVE GRANTS TO ADDRESS
METHAMPHETAMINE USE BY PREGNANT AND PARENTING WOMEN OFFENDERS.

42 USC
3797cc–3.

(a) PURPOSE AND PROGRAM AUTHORITY.—
(1) GRANT AUTHORIZATION.—The Attorney General may
award competitive grants to address the use of methamphetamine among pregnant and parenting women offenders to promote public safety, public health, family permanence and well
being.
(2) PURPOSES AND PROGRAM AUTHORITY.—Grants awarded
under this section shall be used to facilitate or enhance and
collaboration between the criminal justice, child welfare, and
State substance abuse systems in order to carry out programs
to address the use of methamphetamine drugs by pregnant
and parenting women offenders.
(b) DEFINITIONS.—In this section, the following definitions shall
apply:
(1) CHILD WELFARE AGENCY.—The term ‘‘child welfare
agency’’ means the State agency responsible for child and/
or family services and welfare.
(2) CRIMINAL JUSTICE AGENCY.—The term ‘‘criminal justice
agency’’ means an agency of the State or local government
or its contracted agency that is responsible for detection, arrest,
enforcement, prosecution, defense, adjudication, incarceration,
probation, or parole relating to the violation of the criminal
laws of that State or local government.
(c) APPLICATIONS.—
(1) IN GENERAL.—No grant may be awarded under this
section unless an application has been submitted to, and
approved by, the Attorney General.
(2) APPLICATION.—An application for a grant under this
section shall be submitted in such form, and contain such
information, as the Attorney General, may prescribe by regulation or guidelines.

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120 STAT. 276

Regulations.

VerDate 14-DEC-2004

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PUBLIC LAW 109–177—MAR. 9, 2006

(3) ELIGIBLE ENTITIES.—The Attorney General shall make
grants to States, territories, and Indian Tribes. Applicants must
demonstrate extensive collaboration with the State criminal
justice agency and child welfare agency in the planning and
implementation of the program.
(4) CONTENTS.—In accordance with the regulations or
guidelines established by the Attorney General in consultation
with the Secretary of Health and Human Services, each application for a grant under this section shall contain a plan to
expand the State’s services for pregnant and parenting women
offenders who are pregnant women and/or women with
dependent children for the use of methamphetamine or methamphetamine and other drugs and include the following in
the plan:
(A) A description of how the applicant will work jointly
with the State criminal justice and child welfare agencies
needs associated with the use of methamphetamine or
methamphetamine and other drugs by pregnant and parenting women offenders to promote family stability and
permanence.
(B) A description of the nature and the extent of the
problem of methamphetamine use by pregnant and parenting women offenders.
(C) A certification that the State has involved counties
and other units of local government, when appropriate,
in the development, expansion, modification, operation or
improvement of proposed programs to address the use,
manufacture, or sale of methamphetamine.
(D) A certification that funds received under this section will be used to supplement, not supplant, other Federal, State, and local funds.
(E) A description of clinically appropriate practices and
procedures to—
(i) screen and assess pregnant and parenting
women offenders for addiction to methamphetamine
and other drugs;
(ii) when clinically appropriate for both the women
and children, provide family treatment for pregnant
and parenting women offenders, with clinically appropriate services in the same location to promote family
permanence and self sufficiency; and
(iii) provide for a process to enhance or ensure
the abilities of the child welfare agency, criminal justice
agency and State substance agency to work together
to re-unite families when appropriate in the case where
family treatment is not provided.
(d) PERIOD OF GRANT.—The grant shall be a three-year grant.
Successful applicants may reapply for only one additional threeyear funding cycle and the Attorney General may approve such
applications.
(e) PERFORMANCE ACCOUNTABILITY; REPORTS AND EVALUATIONS.—
(1) REPORTS.—Successful applicants shall submit to the
Attorney General a report on the activities carried out under
the grant at the end of each fiscal year.
(2) EVALUATIONS.—Not later than 12 months at the end
of the 3 year funding cycle under this section, the Attorney

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PUBLIC LAW 109–177—MAR. 9, 2006

120 STAT. 277

General shall submit a report to the appropriate committees
of jurisdiction that summarizes the results of the evaluations
conducted by recipients and recommendations for further legislative action.
(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to carry out this section such sums as may
be necessary.
Approved March 9, 2006.

LEGISLATIVE HISTORY—H.R. 3199 (S. 1266) (S. 1389):
HOUSE REPORTS: No. 109–174, Pt. 1 (Comm. on the Judiciary), Pt. 2 (Permanent
Select Comm. on Intelligence), and 109–133 (Comm. of Conference).
SENATE REPORTS: No. 109–85 accompanying S. 1266 (Select Comm. on Intelligence).
CONGRESSIONAL RECORD:
Vol. 151 (2005): July 21, considered and passed House.
July 29, considered and passed Senate, amended.
Dec. 14, House agreed to conference report. Senate considered
conference report.
Dec. 15, 16, Senate considered conference report.
Vol. 152 (2006): Mar. 1, 2, Senate considered and agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 42 (2006):
Mar. 9, Presidential statement and remarks.

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