Congressional Record: December 8, 2005 (House)
Page H11279-H11310
CONFERENCE REPORT ON H.R. 3199, USA PATRIOT IMPROVEMENT AND
REAUTHORIZATION ACT OF 2005
Mr. SENSENBRENNER (during the special order of Mr. King of Iowa)
submitted the following conference report and statement on the bill
(H.R. 3199) to extend and modify authorities needed to combat
terrorism, and for other purposes:
Conference Report (H. Rept. 109-333)
The committee of conference on the disagreeing vote of the
two Houses on the amendment of the Senate to the bill (H.R.
3199), to extend and modify authorities needed to combat
terrorism, and for other purposes, having met, after full and
free conference, have agreed to recommend and do recommend to
their respective Houses as follows:
That the House recede from its disagreement to the
amendment of the Senate and agree to the same with an
amendment as follows:
In lieu of the matter proposed to be inserted by the Senate
amendment, insert the following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``USA
PATRIOT Improvement and Reauthorization Act of 2005''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I--USA PATRIOT IMPROVEMENT AND REAUTHORIZATION ACT
Sec. 101. References to, and modification of short title for, USA
PATRIOT Act.
Sec. 102. USA PATRIOT Act sunset provisions.
Sec. 103. Extension of sunset relating to individual terrorists as
agents of foreign powers.
Sec. 104. Section 2332b and the material support sections of title 18,
United States Code.
Sec. 105. Duration of FISA surveillance of non-United States persons
under section 207 of the USA PATRIOT Act.
Sec. 106. Access to certain business records under section 215 of the
USA PATRIOT Act.
Sec. 106A. Audit on access to certain business records for foreign
intelligence purposes.
Sec. 107. Enhanced oversight of good-faith emergency disclosures under
section 212 of the USA PATRIOT Act.
Sec. 108. Multipoint electronic surveillance under section 206 of the
USA PATRIOT Act.
Sec. 109. Enhanced congressional oversight.
Sec. 110. Attacks against railroad carriers and mass transportation
systems.
Sec. 111. Forfeiture.
Sec. 112. Section 2332b(g)(5)(B) amendments relating to the definition
of Federal crime of terrorism.
Sec. 113. Amendments to section 2516(1) of title 18, United States
Code.
Sec. 114. Delayed notice search warrants.
Sec. 115. Judicial review of national security letters.
Sec. 116. Confidentiality of national security letters.
Sec. 117. Violations of nondisclosure provisions of national security
letters.
Sec. 118. Reports on national security letters.
Sec. 119. Audit of use of national security letters.
Sec. 120. Definition for forfeiture provisions under section 806 of the
USA PATRIOT Act.
Sec. 121. Penal provisions regarding trafficking in contraband
cigarettes or smokeless tobacco.
Sec. 122. Prohibition of narco-terrorism.
Sec. 123. Interfering with the operation of an aircraft.
Sec. 124. Sense of Congress relating to lawful political activity.
Sec. 125. Removal of civil liability barriers that discourage the
donation of fire equipment to volunteer fire companies.
Sec. 126. Report on data-mining activities.
Sec. 127. Sense of Congress.
Sec. 128. USA PATRIOT Act section 214; authority for disclosure of
additional information in connection with orders for pen
register and trap and trace authority under FISA.
TITLE II--TERRORIST DEATH PENALTY ENHANCEMENT
Sec. 201. Short title.
Subtitle A--Terrorist penalties enhancement Act
Sec. 211. Death penalty procedures for certain air piracy cases
occurring before enactment of the Federal Death Penalty
Act of 1994.
Sec. 212. Postrelease supervision of terrorists.
[[Page H11280]]
Subtitle B--Federal Death Penalty Procedures
Sec. 221. Elimination of procedures applicable only to certain
Controlled Substances Act cases.
Sec. 222. Counsel for financially unable defendants.
TITLE III--REDUCING CRIME AND TERRORISM AT AMERICA'S SEAPORTS
Sec. 301. Short title.
Sec. 302. Entry by false pretenses to any seaport.
Sec. 303. Criminal sanctions for failure to heave to, obstruction of
boarding, or providing false information.
Sec. 304. Criminal sanctions for violence against maritime navigation,
placement of destructive devices.
Sec. 305. Transportation of dangerous materials and terrorists.
Sec. 306. Destruction of, or interference with, vessels or maritime
facilities.
Sec. 307. Theft of interstate or foreign shipments or vessels.
Sec. 308. Stowaways on vessels or aircraft.
Sec. 309. Bribery affecting port security.
Sec. 310. Penalties for smuggling goods into the United States.
Sec. 311. Smuggling goods from the United States.
TITLE IV--COMBATING TERRORISM FINANCING
Sec. 401. Short title.
Sec. 402. Increased penalties for terrorism financing.
Sec. 403. Terrorism-related specified activities for money laundering.
Sec. 404. Assets of persons committing terrorist acts against foreign
countries or international organizations.
Sec. 405. Money laundering through hawalas.
Sec. 406. Technical and conforming amendments relating to the USA
PATRIOT Act.
Sec. 407. Cross reference correction.
Sec. 408. Amendment to amendatory language.
Sec. 409. Designation of additional money laundering predicate.
Sec. 410. Uniform procedures for criminal forfeiture.
TITLE V--MISCELLANEOUS PROVISIONS
Sec. 501. Residence of United States attorneys and assistant United
States attorneys.
Sec. 502. Interim appointment of United States Attorneys.
Sec. 503. Secretary of Homeland Security in Presidential line of
succession.
Sec. 504. Bureau of Alcohol, Tobacco and Firearms to the Department of
Justice.
Sec. 505. Qualifications of United States Marshals.
Sec. 506. Department of Justice intelligence matters.
Sec. 507. Review by Attorney General.
TITLE VI--SECRET SERVICE
Sec. 601. Short title.
Sec. 602. Interference with national special security events.
Sec. 603. False credentials to national special security events.
Sec. 604. Forensic and investigative support of missing and exploited
children cases.
Sec. 605. The Uniformed Division, United States Secret Service.
Sec. 606. Savings provisions.
Sec. 607. Maintenance as distinct entity.
Sec. 608. Exemptions from the Federal Advisory Committee Act.
TITLE VII--COMBAT METHAMPHETAMINE EPIDEMIC ACT OF 2005
Sec. 701. Short title.
Subtitle A--Domestic regulation of precursor chemicals
Sec. 711. Scheduled listed chemical products; restrictions on sales
quantity, behind-the-counter access, and other
safeguards.
Sec. 712. Regulated transactions.
Sec. 713. Authority to establish production quotas.
Sec. 714. Penalties; authority for manufacturing; quota.
Sec. 715. Restrictions on importation; authority to permit imports for
medical, scientific, or other legitimate purposes.
Sec. 716. Notice of importation or exportation; approval of sale or
transfer by importer or exporter.
Sec. 717. Enforcement of restrictions on importation and of requirement
of notice of transfer.
Sec. 718. Coordination with United States Trade Representative.
Subtitle B--International regulation of precursor chemicals
Sec. 721. Information on foreign chain of distribution; import
restrictions regarding failure of distributors to
cooperate.
Sec. 722. Requirements relating to the largest exporting and importing
countries of certain precursor chemicals.
Sec. 723. Prevention of smuggling of methamphetamine into the United
States from Mexico.
Subtitle C--Enhanced criminal penalties for methamphetamine production
and trafficking
Sec. 731. Smuggling methamphetamine or methamphetamine precursor
chemicals into the United States while using facilitated
entry programs.
Sec. 732. Manufacturing controlled substances on Federal property.
Sec. 733. Increased punishment for methamphetamine kingpins.
Sec. 734. New child-protection criminal enhancement.
Sec. 735. Amendments to certain sentencing court reporting
requirements.
Sec. 736. Semiannual reports to Congress.
Subtitle D--Enhanced environmental regulation of methamphetamine
byproducts
Sec. 741. Biennial report to Congress on agency designations of by-
products of methamphetamine laboratories as hazardous
materials.
Sec. 742. Methamphetamine production report.
Sec. 743. Cleanup costs.
Subtitle E--Additional programs and activities
Sec. 751. Improvements to Department of Justice drug court grant
program.
Sec. 752. Drug courts funding.
Sec. 753. Feasibility study on Federal drug courts.
Sec. 754. Grants to hot spot areas to reduce availability of
methamphetamine.
Sec. 755. Grants for programs for drug-endangered children.
Sec. 756. Authority to award competitive grants to address
methamphetamine use by pregnant and parenting women
offenders.
TITLE I--USA PATRIOT IMPROVEMENT AND REAUTHORIZATION ACT
SEC. 101. REFERENCES TO, AND MODIFICATION OF SHORT TITLE FOR,
USA PATRIOT ACT.
(a) References to USA PATRIOT Act.--A reference in this Act
to the USA PATRIOT Act shall be deemed a reference to the
Uniting and 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.
(a) In General.--Section 224 of the USA PATRIOT Act is
repealed.
(b) Sections 206 and 215 Sunset.--
(1) In general.--Effective December 31, 2009, the Foreign
Intelligence Surveillance Act of 1978 is amended so that
sections 501, 502, and 105(c)(2) read as they read on October
25, 2001.
(2) Exception.--With respect to any particular foreign
intelligence investigation that began before the date on
which the provisions referred to in paragraph (1) cease to
have effect, or with respect to any particular offense or
potential offense that began or occurred before the date on
which such provisions cease to have effect, such provisions
shall continue in effect.
SEC. 103. EXTENSION OF SUNSET RELATING TO INDIVIDUAL
TERRORISTS AS AGENTS OF FOREIGN POWERS.
Section 6001(b) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3742)
is amended to read as follows:
``(b) Sunset.--
``(1) In general.--Except as provided in paragraph (2), the
amendment made by subsection (a) shall cease to have effect
on December 31, 2009.
``(2) Exception.--With respect to any particular foreign
intelligence investigation that began before the date on
which the provisions referred to in paragraph (1) cease to
have effect, or with respect to any particular offense or
potential offense that began or occurred before the date on
which the provisions cease to have effect, such provisions
shall continue in effect.''.
SEC. 104. SECTION 2332B AND THE MATERIAL SUPPORT SECTIONS OF
TITLE 18, UNITED STATES CODE.
Section 6603 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3762)
is amended by striking subsection (g).
SEC. 105. DURATION OF FISA SURVEILLANCE OF NON-UNITED STATES
PERSONS UNDER SECTION 207 OF THE USA PATRIOT
ACT.
(a) Electronic Surveillance.--Section 105(e) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1805(e)) is
amended--
(1) in paragraph (1)(B), by striking ``, as defined in
section 101(b)(1)(A)'' and inserting ``who is not a United
States person''; and
(2) in subsection (2)(B), by striking ``as defined in
section 101(b)(1)(A)'' and inserting ``who is not a United
States person''.
(b) Physical Search.--Section 304(d) of such Act (50 U.S.C.
1824(d)) is amended--
(1) in paragraph (1)(B), by striking ``as defined in
section 101(b)(1)(A)'' and inserting ``who is not a United
States person''; and
(2) in paragraph (2), by striking ``as defined in section
101(b)(1)(A)'' and inserting ``who is not a United States
person''.
(c) Pen Registers, Trap and Trace Devices.--Section 402(e)
of such Act (50 U.S.C. 1842(e)) is amended--
(1) by striking ``(e) An'' and inserting ``(e)(1) Except as
provided in paragraph (2), an''; and
(2) by adding at the end the following new paragraph:
``(2) In the case of an application under subsection (c)
where the applicant has certified that the information likely
to be obtained is foreign intelligence information not
concerning a United States person, an order, or an extension
of an order, under this section may be for a period not to
exceed one year.''.
SEC. 106. ACCESS TO CERTAIN BUSINESS RECORDS UNDER SECTION
215 OF THE USA PATRIOT ACT.
(a) Director Approval for Certain Applications.--Subsection
(a) of section 501 of the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1861(a)) is amended--
(1) in paragraph (1), by striking ``The Director'' and
inserting ``Subject to paragraph (3), the Director''; and
[[Page H11281]]
(2) by adding at the end the following:
``(3) In the case of an application for an order requiring
the production of library circulation records, library patron
lists, book sales records, book customer lists, firearms
sales records, tax return records, educational records, or
medical records containing information that would identify a
person, the Director of the Federal Bureau of Investigation
may delegate the authority to make such application to either
the Deputy Director of the Federal Bureau of Investigation or
the Executive Assistant Director for National Security (or
any successor position). The Deputy Director or the Executive
Assistant Director may not further delegate such
authority.''.
(b) Factual Basis for Requested Order.--Subsection (b)(2)
of such section is amended to read as follows:
``(2) shall include--
``(A) a statement of facts showing that there are
reasonable grounds to believe that the tangible things sought
are relevant to an authorized investigation (other than a
threat assessment) conducted in accordance with subsection
(a)(2) to obtain foreign intelligence information not
concerning a United States person or to protect against
international terrorism or clandestine intelligence
activities, such things being presumptively relevant to an
authorized investigation if the applicant shows in the
statement of the facts that they pertain to--
``(i) a foreign power or an agent of a foreign power;
``(ii) the activities of a suspected agent of a foreign
power who is the subject of such authorized investigation; or
``(iii) an individual in contact with, or known to, a
suspected agent of a foreign power who is the subject of such
authorized investigation; and
``(B) an enumeration of the minimization procedures adopted
by the Attorney General under subsection (g) that are
applicable to the retention and dissemination by the Federal
Bureau of Investigation of any tangible things to be made
available to the Federal Bureau of Investigation based on the
order requested in such application.''.
(c) Clarification of Judicial Discretion.--Subsection
(c)(1) of such section is amended to read as follows:
``(c)(1) Upon an application made pursuant to this section,
if the judge finds that the application meets the
requirements of subsections (a) and (b), the judge
shall enter an ex parte order as requested, or as
modified, approving the release of tangible things. Such
order shall direct that minimization procedures adopted
pursuant to subsection (g) be followed.''.
(d) Additional Protections.--Subsection (c)(2) of such
section is amended to read as follows:
``(2) An order under this subsection--
``(A) shall describe the tangible things that are ordered
to be produced with sufficient particularity to permit them
to be fairly identified;
``(B) shall include the date on which the tangible things
must be provided, which shall allow a reasonable period of
time within which the tangible things can be assembled and
made available;
``(C) shall provide clear and conspicuous notice of the
principles and procedures described in subsection (d);
``(D) may only require the production of a tangible thing
if such thing can be obtained with a subpoena duces tecum
issued by a court of the United States in aid of a grand jury
investigation or with any other order issued by a court of
the United States directing the production of records or
tangible things; and
``(E) shall not disclose that such order is issued for
purposes of an investigation described in subsection (a).''.
(e) Prohibition on Disclosure.--Subsection (d) of such
section is amended to read as follows:
``(d)(1) No person shall disclose to any other person that
the Federal Bureau of Investigation has sought or obtained
tangible things pursuant to an order under this section,
other than to--
``(A) those persons to whom disclosure is necessary to
comply with such order;
``(B) an attorney to obtain legal advice or assistance with
respect to the production of things in response to the order;
or
``(C) other persons as permitted by the Director of the
Federal Bureau of Investigation or the designee of the
Director.
``(2)(A) A person to whom disclosure is made pursuant to
paragraph (1) shall be subject to the nondisclosure
requirements applicable to a person to whom an order is
directed under this section in the same manner as such
person.
``(B) Any person who discloses to a person described in
subparagraphs (A), (B), or (C) of paragraph (1) that the
Federal Bureau of Investigation has sought or obtained
tangible things pursuant to an order under this section
shall notify such person of the nondisclosure requirements
of this subsection.
``(C) At the request of the Director of the Federal Bureau
of Investigation or the designee of the Director, any person
making or intending to make a disclosure under this section
shall identify to the Director or such designee the person to
whom such disclosure will be made or to whom such disclosure
was made prior to the request, but in no circumstance shall a
person be required to inform the Director or such designee
that the person intends to consult an attorney to obtain
legal advice or legal assistance.''.
(f) Judicial Review.--
(1) Petition review pool.--Section 103 of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1803) is
amended by adding at the end the following new subsection:
``(e)(1) Three judges designated under subsection (a) who
reside within 20 miles of the District of Columbia, or, if
all of such judges are unavailable, other judges of the court
established under subsection (a) as may be designated by the
presiding judge of such court, shall comprise a petition
review pool which shall have jurisdiction to review petitions
filed pursuant to section 501(f)(1).
``(2) Not later than 60 days after the date of the
enactment of the USA PATRIOT Improvement and Reauthorization
Act of 2005, the court established under subsection (a) shall
adopt and, consistent with the protection of national
security, publish procedures for the review of petitions
filed pursuant to section 501(f)(1) by the panel established
under paragraph (1). Such procedures shall provide that
review of a petition shall be conducted in camera and shall
also provide for the designation of an acting presiding
judge.''.
(2) Proceedings.--Section 501 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1861) is further amended
by adding at the end the following new subsection:
``(f)(1) A person receiving an order to produce any
tangible thing under this section may challenge the legality
of that order by filing a petition with the pool established
by section 103(e)(1). The presiding judge shall immediately
assign the petition to one of the judges serving in such
pool. Not later than 72 hours after the assignment of such
petition, the assigned judge shall conduct an initial review
of the petition. If the assigned judge determines that the
petition is frivolous, the assigned judge shall immediately
deny the petition and affirm the order. If the assigned judge
determines the petition is not frivolous, the assigned judge
shall promptly consider the petition in accordance with the
procedures established pursuant to section 103(e)(2). The
judge considering the petition may modify or set aside the
order only if the judge finds that the order does not meet
the requirements of this section or is otherwise unlawful. If
the judge does not modify or set aside the order, the judge
shall immediately affirm the order and order the recipient to
comply therewith. The assigned judge shall promptly provide a
written statement for the record of the reasons for any
determination under this paragraph.
``(2) A petition for review of a decision to affirm,
modify, or set aside an order by the United States or any
person receiving such order shall be to the court of review
established under section 103(b), which shall have
jurisdiction to consider such petitions. The court of review
shall provide for the record a written statement of the
reasons for its decision and, on petition of the United
States or any person receiving such order for writ of
certiorari, the record shall be transmitted under seal to the
Supreme Court, which shall have jurisdiction to review such
decision.
``(3) Judicial proceedings under this subsection shall be
concluded as expeditiously as possible. The record of
proceedings, including petitions filed, orders granted, and
statements of reasons for decision, shall be maintained under
security measures established by the Chief Justice of the
United States in consultation with the Attorney General and
the Director of National Intelligence.
``(4) All petitions under this subsection shall be filed
under seal. In any proceedings under this subsection, the
court shall, upon request of the government, review ex parte
and in camera any government submission, or portions thereof,
which may include classified information.''.
(g) Minimization Procedures and Use of Information.--
Section 501 of the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. 1861) is further amended by adding at the end
the following new subsections:
``(g) Minimization Procedures.--
``(1) In general.--Not later than 180 days after the date
of the enactment of the USA PATRIOT Improvement and
Reauthorization Act of 2005, the Attorney General shall adopt
specific minimization procedures governing the retention and
dissemination by the Federal Bureau of Investigation of any
tangible things, or information therein, received by the
Federal Bureau of Investigation in response to an order under
this title.
``(2) Defined.--In this section, the term `minimization
procedures' means--
``(A) specific procedures that are reasonably designed in
light of the purpose and technique of an order for the
production of tangible things, to minimize the retention, and
prohibit the dissemination, of nonpublicly available
information concerning unconsenting United States persons
consistent with the need of the United States to obtain,
produce, and disseminate foreign intelligence information;
``(B) procedures that require that nonpublicly available
information, which is not foreign intelligence information,
as defined in section 101(e)(1), shall not be disseminated in
a manner that identifies any United States person, without
such person's consent, unless such person's identity is
necessary to understand foreign intelligence information or
assess its importance; and
``(C) notwithstanding subparagraphs (A) and (B), procedures
that allow for the retention and dissemination of information
that is evidence of a crime which has been, is being, or is
about to be committed and that is to be retained or
disseminated for law enforcement purposes.
``(h) Use of Information.--Information acquired from
tangible things received by the Federal Bureau of
Investigation in response to an order under this title
concerning any United States person may be used and disclosed
by Federal officers and employees without the consent of the
United States person only in accordance with the minimization
procedures adopted pursuant to subsection (g). No otherwise
privileged information acquired from tangible things received
by the Federal Bureau of Investigation in accordance with the
provisions of this title shall lose its privileged character.
No information acquired from tangible things received by the
Federal Bureau of Investigation in response to an order under
this title may be used or disclosed by Federal officers or
employees except for lawful purposes.''.
[[Page H11282]]
(h) Enhanced Oversight.--Section 502 of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1862) is
amended--
(1) in subsection (a)--
(A) by striking ``semiannual basis'' and inserting ``annual
basis''; and
(B) by inserting ``and the Committee on the Judiciary''
after ``and the Select Committee on Intelligence'';
(2) in subsection (b)--
(A) by striking ``On a semiannual basis'' and all that
follows through ``the preceding 6-month period'' and
inserting ``In April of each year, the Attorney General shall
submit to the House and Senate Committees on the Judiciary
and the House Permanent Select Committee on Intelligence and
the Senate Select Committee on Intelligence a report setting
forth with respect to the preceding calendar year'';
(B) in paragraph (1), by striking ``and'' at the end;
(C) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(D) by adding at the end the following new paragraph:
``(3) the number of such orders either granted, modified,
or denied for the production of each of the following:
``(A) Library circulation records, library patron lists,
book sales records, or book customer lists.
``(B) Firearms sales records.
``(C) Tax return records.
``(D) Educational records.
``(E) Medical records containing information that would
identify a person.''; and
(3) by adding at the end the following new subsection:
``(c)(1) In April of each year, the Attorney General shall
submit to Congress a report setting forth with respect to the
preceding year--
``(A) the total number of applications made for orders
approving requests for the production of tangible things
under section 501; and
``(B) the total number of such orders either granted,
modified, or denied.
``(2) Each report under this subsection shall be submitted
in unclassified form.''.
SECTION 106A. AUDIT ON ACCESS TO CERTAIN BUSINESS RECORDS FOR
FOREIGN INTELLIGENCE PURPOSES.
(a) Audit.--The Inspector General of the Department of
Justice shall perform a comprehensive audit of the
effectiveness and use, including any improper or illegal use,
of the investigative authority provided to the Federal Bureau
of Investigation under title V of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1861 et seq.).
(b) Requirements.--The audit required under subsection (a)
shall include--
(1) an examination of each instance in which the Attorney
General, any other officer, employee, or agent of the
Department of Justice, the Director of the Federal Bureau of
Investigation, or a designee of the Director, submitted an
application to the Foreign Intelligence Surveillance Court
(as such term is defined in section 301(3) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1821(3)))
for an order under section 501 of such Act during the
calendar years of 2002 through 2006, including--
(A) whether the Federal Bureau of Investigation requested
that the Department of Justice submit an application and the
request was not submitted to the court (including an
examination of the basis for not submitting the application);
(B) whether the court granted, modified, or denied the
application (including an examination of the basis for any
modification or denial);
(2) the justification for the failure of the Attorney
General to issue implementing procedures governing requests
for the production of tangible things under such section in a
timely fashion, including whether such delay harmed national
security;
(3) whether bureaucratic or procedural impediments to the
use of such requests for production prevent the Federal
Bureau of Investigation from taking full advantage of the
authorities provided under section 501 of such Act;
(4) any noteworthy facts or circumstances relating to
orders under such section, including any improper or illegal
use of the authority provided under such section; and
(5) an examination of the effectiveness of such section as
an investigative tool, including--
(A) the categories of records obtained and the importance
of the information acquired to the intelligence activities of
the Federal Bureau of Investigation or any other Department
or agency of the Federal Government;
(B) the manner in which such information is collected,
retained, analyzed, and disseminated by the Federal Bureau of
Investigation, including any direct access to such
information (such as access to ``raw data'') provided to any
other Department, agency, or instrumentality of Federal,
State, local, or tribal governments or any private sector
entity;
(C) with respect to calendar year 2006, an examination of
the minimization procedures adopted by the Attorney General
under section 501(g) of such Act and whether such
minimization procedures protect the constitutional rights of
United States persons;
(D) whether, and how often, the Federal Bureau of
Investigation utilized information acquired pursuant to an
order under section 501 of such Act to produce an analytical
intelligence product for distribution within the Federal
Bureau of Investigation, to the intelligence community (as
such term is defined in section 3(4) of the National Security
Act of 1947 (50 U.S.C. 401a(4))), or to other Federal, State,
local, or tribal government Departments, agencies, or
instrumentalities; and
(E) whether, and how often, the Federal Bureau of
Investigation provided such information to law enforcement
authorities for use in criminal proceedings.
(c) Submission Dates.--
(1) Prior years.--Not later than one year after the date of
the enactment of this Act, or upon completion of the audit
under this section for calendar years 2002, 2003, and 2004,
whichever is earlier, the Inspector General of the Department
of Justice shall submit to the Committee on the Judiciary and
the Permanent Select Committee on Intelligence of the House
of Representatives and the Committee on the Judiciary and the
Select Committee on Intelligence of the Senate a report
containing the results of the audit conducted under this
section for calendar years 2002, 2003, and 2004.
(2) Calendar years 2005 and 2006.--Not later than December
31, 2007, or upon completion of the audit under this section
for calendar years 2005 and 2006, whichever is earlier, the
Inspector General of the Department of Justice shall submit
to the Committee on the Judiciary and the Permanent Select
Committee on Intelligence of the House of Representatives and
the Committee on the Judiciary and the Select Committee on
Intelligence of the Senate a report containing the results of
the audit conducted under this section for calendar years
2005 and 2006.
(d) Prior Notice to Attorney General and Director of
National Intelligence; Comments.--
(1) Notice.--Not less than 30 days before the submission of
a report under subsections (c)(1) or (c)(2), the Inspector
General of the Department of Justice shall provide such
report to the Attorney General and the Director of National
Intelligence.
(2) Comments.--The Attorney General or the Director of
National Intelligence may provide comments to be included in
the reports submitted under subsections (c)(1) and (c)(2) as
the Attorney General or the Director of National Intelligence
may consider necessary.
(e) Unclassified Form.--The reports submitted under
subsection (c)(1) and (c)(2) and any comments included under
subsection (d)(2) shall be in unclassified form, but may
include a classified annex.
SEC. 107. ENHANCED OVERSIGHT OF GOOD-FAITH EMERGENCY
DISCLOSURES UNDER SECTION 212 OF THE USA
PATRIOT ACT.
(a) Enhanced Oversight.--Section 2702 of title 18, United
States Code, is amended by adding at the end the following:
``(d) Reporting of Emergency Disclosures.--On an annual
basis, the Attorney General shall submit to the Committee on
the Judiciary of the House of Representatives and the
Committee on the Judiciary of the Senate a report
containing--
``(1) the number of accounts from which the Department of
Justice has received voluntary disclosures under subsection
(b)(8); and
``(2) a summary of the basis for disclosure in those
instances where--
``(A) voluntary disclosures under subsection (b)(8) were
made to the Department of Justice; and
``(B) the investigation pertaining to those disclosures was
closed without the filing of criminal charges.''.
(b) Technical Amendments to Conform Communications and
Customer Records Exceptions.--
(1) Voluntary disclosures.--Section 2702 of title 18,
United States Code, is amended--
(A) in subsection (b)(8), by striking ``Federal, State, or
local''; and
(B) by striking paragraph (4) of subsection (c) and
inserting the following:
``(4) to a governmental entity, if the provider, in good
faith, believes that an emergency involving danger of death
or serious physical injury to any person requires disclosure
without delay of information relating to the emergency;''.
(2) Definitions.--Section 2711 of title 18, United States
Code, is amended--
(A) in paragraph (2), by striking ``and'' at the end;
(B) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(4) the term `governmental entity' means a department or
agency of the United States or any State or political
subdivision thereof.''.
(c) Additional Exception.--Section 2702(a) of title 18,
United States Code, is amended by inserting ``or (c)'' after
``Except as provided in subsection (b)''.
SEC. 108. MULTIPOINT ELECTRONIC SURVEILLANCE UNDER SECTION
206 OF THE USA PATRIOT ACT.
(a) Inclusion of Specific Facts in Application.--
(1) Application.--Section 104(a)(3) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1804(a)(3))
is amended by inserting ``specific'' after ``description of
the''.
(2) Order.--Subsection (c) of section 105 of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1805(c)) is
amended--
(A) in paragraph (1)(A) by striking ``target of the
electronic surveillance'' and inserting ``specific target of
the electronic surveillance identified or described in the
application pursuant to section 104(a)(3)''; and
(B) in paragraph (2)(B), by striking ``where the Court
finds'' and inserting ``where the Court finds, based upon
specific facts provided in the application,''.
(b) Additional Directions.--Such subsection is further
amended--
(1) by striking ``An order approving'' and all that follows
through ``specify'' and inserting ``(1) specifications.--An
order approving an electronic surveillance under this section
shall specify'';
(2) in paragraph (1)(F), by striking ``; and'' and
inserting a period;
(3) in paragraph (2), by striking ``direct'' and inserting
``Directions.--An order approving an electronic surveillance
under this section shall direct''; and
(4) by adding at the end the following new paragraph:
[[Page H11283]]
``(3) Special directions for certain orders.--An order
approving an electronic surveillance under this section in
circumstances where the nature and location of each of the
facilities or places at which the surveillance will be
directed is unknown shall direct the applicant to provide
notice to the court within ten days after the date on which
surveillance begins to be directed at any new facility or
place, unless the court finds good cause to justify a longer
period of up to 60 days, of--
``(A) the nature and location of each new facility or place
at which the electronic surveillance is directed;
``(B) the facts and circumstances relied upon by the
applicant to justify the applicant's belief that each new
facility or place at which the electronic surveillance is
directed is or was being used, or is about to be used, by the
target of the surveillance;
``(C) a statement of any proposed minimization procedures
that differ from those contained in the original application
or order, that may be necessitated by a change in the
facility or place at which the electronic surveillance is
directed; and
``(D) the total number of electronic surveillances that
have been or are being conducted under the authority of the
order.''.
(c) Enhanced Oversight.--
(1) Report to congress.--Section 108(a)(1) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1808(a)(1))
is amended by inserting ``, and the Committee on the
Judiciary of the Senate,'' after ``Senate Select Committee on
Intelligence''.
(2) Modification of semiannual report requirement on
activities under foreign intelligence surveillance act of
1978.--Paragraph (2) of section 108(a) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1808(a)) is
amended to read as follows:
``(2) Each report under the first sentence of paragraph (1)
shall include a description of--
``(A) the total number of applications made for orders and
extensions of orders approving electronic surveillance under
this title where the nature and location of each facility or
place at which the electronic surveillance will be directed
is unknown;
``(B) each criminal case in which information acquired
under this Act has been authorized for use at trial during
the period covered by such report; and
``(C) the total number of emergency employments of
electronic surveillance under section 105(f) and the total
number of subsequent orders approving or denying such
electronic surveillance.''.
SEC. 109. ENHANCED CONGRESSIONAL OVERSIGHT.
(a) Emergency Physical Searches.--Section 306 of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1826) is amended--
(1) in the first sentence, by inserting ,`` and the
Committee on the Judiciary of the Senate,'' after ``the
Senate'';
(2) in the second sentence, by striking ``and the
Committees on the Judiciary of the House of Representatives
and the Senate'' and inserting ``and the Committee on the
Judiciary of the House of Representatives'';
(3) in paragraph (2), by striking ``and'' at the end;
(4) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(5) by adding at the end the following:
``(4) the total number of emergency physical searches
authorized by the Attorney General under section 304(e) and
the total number of subsequent orders approving or denying
such physical searches.''.
(b) Emergency Pen Registers and Trap and Trace Devices.--
Section 406(b) of the Foreign Intelligence Surveillance Act
of 1978 (50 U.S.C. 1846(b)) is amended--
(1) in paragraph (1), by striking ``and'' at the end;
(2) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(3) the total number of pen registers and trap and trace
devices whose installation and use was authorized by the
Attorney General on an emergency basis under section 403, and
the total number of subsequent orders approving or denying
the installation and use of such pen registers and trap and
trace devices.''.
(c) Additional Report.--At the beginning and midpoint of
each fiscal year, the Secretary of Homeland Security shall
submit to the Committees on the Judiciary of the House of
Representatives and the Senate, a written report providing a
description of internal affairs operations at U.S.
Citizenship and Immigration Services, including the general
state of such operations and a detailed description of
investigations that are being conducted (or that were
conducted during the previous six months) and the resources
devoted to such investigations. The first such report shall
be submitted not later than April 1, 2006.
(d) Rules and Procedures for FISA Courts.--Section 103 of
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1803) is amended by adding at the end the following:
``(f)(1) The courts established pursuant to subsections (a)
and (b) may establish such rules and procedures, and take
such actions, as are reasonably necessary to administer their
responsibilities under this Act.
``(2) The rules and procedures established under paragraph
(1), and any modifications of such rules and procedures,
shall be recorded, and shall be transmitted to the following:
``(A) All of the judges on the court established pursuant
to subsection (a).
``(B) All of the judges on the court of review established
pursuant to subsection (b).
``(C) The Chief Justice of the United States.
``(D) The Committee on the Judiciary of the Senate.
``(E) The Select Committee on Intelligence of the Senate.
``(F) The Committee on the Judiciary of the House of
Representatives.
``(G) The Permanent Select Committee on Intelligence of the
House of Representatives.
``(3) The transmissions required by paragraph (2) shall be
submitted in unclassified form, but may include a classified
annex.''.
SEC. 110. ATTACKS AGAINST RAILROAD CARRIERS AND MASS
TRANSPORTATION SYSTEMS.
(a) In General.--Chapter 97 of title 18, United States
Code, is amended by striking sections 1992 through 1993 and
inserting the following:
``Sec. 1992. Terrorist attacks and other violence against
railroad carriers and against mass transportation systems
on land, on water, or through the air
``(a) General Prohibitions.--Whoever, in a circumstance
described in subsection (c), knowingly and without lawful
authority or permission--
``(1) wrecks, derails, sets fire to, or disables railroad
on-track equipment or a mass transportation vehicle;
``(2) places any biological agent or toxin, destructive
substance, or destructive device in, upon, or near railroad
on-track equipment or a mass transportation vehicle with
intent to endanger the safety of any person, or with a
reckless disregard for the safety of human life;
``(3) places or releases a hazardous material or a
biological agent or toxin on or near any property described
in subparagraph (A) or (B) of paragraph (4), with intent to
endanger the safety of any person, or with reckless disregard
for the safety of human life;
``(4) sets fire to, undermines, makes unworkable, unusable,
or hazardous to work on or use, or places any biological
agent or toxin, destructive substance, or destructive device
in, upon, or near any--
``(A) tunnel, bridge, viaduct, trestle, track,
electromagnetic guideway, signal, station, depot, warehouse,
terminal, or any other way, structure, property, or
appurtenance used in the operation of, or in support of the
operation of, a railroad carrier, and with intent to, or
knowing or having reason to know, such activity would likely,
derail, disable, or wreck railroad on-track equipment; or
``(B) garage, terminal, structure, track, electromagnetic
guideway, supply, or facility used in the operation of, or in
support of the operation of, a mass transportation vehicle,
and with intent to, or knowing or having reason to know, such
activity would likely, derail, disable, or wreck a mass
transportation vehicle used, operated, or employed by a mass
transportation provider;
``(5) removes an appurtenance from, damages, or otherwise
impairs the operation of a railroad signal system or mass
transportation signal or dispatching system, including a
train control system, centralized dispatching system, or
highway-railroad grade crossing warning signal;
``(6) with intent to endanger the safety of any person, or
with a reckless disregard for the safety of human life,
interferes with, disables, or incapacitates any dispatcher,
driver, captain, locomotive engineer, railroad conductor, or
other person while the person is employed in dispatching,
operating, controlling, 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 the
paragraphs (1) through (6);
``(9) conveys false information, knowing the information to
be false, concerning an attempt or alleged attempt to engage
in a violation of this subsection; or
``(10) attempts, threatens, or conspires to engage in any
violation of any of paragraphs (1) through (9),
shall be fined under this title or imprisoned not more than
20 years, or both, and if the offense results in the death of
any person, shall be imprisoned for any term of years or for
life, or subject to death, except in the case of a violation
of paragraphs (8), (9), or (10).
``(b) Aggravated Offense.--Whoever commits an offense under
subsection (a) of this section in a circumstance in which--
``(1) the railroad on-track equipment or mass
transportation vehicle was carrying a passenger or employee
at the time of the offense,
``(2) the railroad on-track equipment or mass
transportation vehicle was carrying high-level radioactive
waste or spent nuclear fuel at the time of the offense, or
``(3) the offense was committed with the intent to endanger
the safety of any person, or with a reckless disregard for
the safety of any person, and the railroad on-track equipment
or mass transportation vehicle was carrying a hazardous
material at the time of the offense that--
``(A) was required to be placarded under subpart F of part
172 of title 49, Code of Federal Regulations, and
``(B) is identified as class number 3, 4, 5, 6.1, or 8 and
packing group I or packing group II, or class number 1, 2, or
7 under the hazardous materials table of section 172.101 of
title 49, Code of Federal Regulations,
shall be fined under this title or imprisoned for any term of
years or life, or both, and if the offense resulted in the
death of any person, the person may be sentenced to death.
``(c) Circumstances Required for Offense.--A circumstance
referred to in subsection (a) is any of the following:
[[Page H11284]]
``(1) Any of the conduct required for the offense is, or,
in the case of an attempt, threat, or conspiracy to engage in
conduct, the conduct required for the completed offense would
be, engaged in, on, against, or affecting a mass
transportation provider, or a railroad carrier engaged in
interstate or foreign commerce.
``(2) Any person travels or communicates across a State
line in order to commit the offense, or transports materials
across a State line in aid of the commission of the offense.
``(d) Definitions.--In this section--
``(1) the term `biological agent' has the meaning given to
that term in section 178(1);
``(2) the term `dangerous weapon' means a weapon, device,
instrument, material, or substance, animate or inanimate,
that is used for, or is readily capable of, causing death or
serious bodily injury, including a pocket knife with a blade
of less than 2\1/2\ inches in length and a box cutter;
``(3) the term `destructive device' has the meaning given
to that term in section 921(a)(4);
``(4) the term `destructive substance' means an explosive
substance, flammable material, infernal machine, or other
chemical, mechanical, or radioactive device or material, or
matter of a combustible, contaminative, corrosive, or
explosive nature, except that the term `radioactive device'
does not include any radioactive device or material used
solely for medical, industrial, research, or other peaceful
purposes;
``(5) the term `hazardous material' has the meaning given
to that term in chapter 51 of title 49;
``(6) the term `high-level radioactive waste' has the
meaning given to that term in section 2(12) of the Nuclear
Waste Policy Act of 1982 (42 U.S.C. 10101(12));
``(7) the term `mass transportation' has the meaning given
to that term in section 5302(a)(7) of title 49, except that
the term includes school bus, charter, and sightseeing
transportation and passenger vessel as that term is defined
in section 2101(22) of title 46, United States Code;
``(8) the term `on-track equipment' means a carriage or
other contrivance that runs on rails or electromagnetic
guideways;
``(9) the term `railroad on-track equipment' means a train,
locomotive, tender, motor unit, freight or passenger car, or
other on-track equipment used, operated, or employed by a
railroad carrier;
``(10) the term `railroad' has the meaning given to that
term in chapter 201 of title 49;
``(11) the term `railroad carrier' has the meaning given to
that term in chapter 201 of title 49;
``(12) the term `serious bodily injury' has the meaning
given to that term in section 1365;
``(13) the term `spent nuclear fuel' has the meaning given
to that term in section 2(23) of the Nuclear Waste Policy Act
of 1982 (42 U.S.C. 10101(23));
``(14) the term `State' has the meaning given to that term
in section 2266;
``(15) the term `toxin' has the meaning given to that term
in section 178(2); and
``(16) the term `vehicle' means any carriage or other
contrivance used, or capable of being used, as a means of
transportation on land, on water, or through the air.''.
(b) Conforming Amendments.--
(1) The table of sections at the beginning of chapter 97 of
title 18, United States Code, is amended--
(A) by striking ``RAILROADS'' in the chapter heading and
inserting ``RAILROAD CARRIERS AND MASS TRANSPORTATION SYSTEMS
ON LAND, ON WATER, OR THROUGH THE AIR'';
(B) by striking the items relating to sections 1992 and
1993; and
(C) by inserting after the item relating to section 1991
the following:
``1992. Terrorist attacks and other violence against railroad carriers
and against mass transportation systems on land, on
water, or through the air.''.
(2) The table of chapters at the beginning of part I of
title 18, United States Code, is amended by striking the item
relating to chapter 97 and inserting the following:
``97. Railroad carriers and mass transportation systems on land, on
water, or through the air...................................1991''.
(3) Title 18, United States Code, is amended--
(A) in section 2332b(g)(5)(B)(i), by striking ``1992
(relating to wrecking trains), 1993 (relating to terrorist
attacks and other acts of violence against mass
transportation systems),'' and inserting ``1992 (relating to
terrorist attacks and other acts of violence against railroad
carriers and against mass transportation systems on land, on
water, or through the air),'';
(B) in section 2339A, by striking ``1993,''; and
(C) in section 2516(1)(c) by striking ``1992 (relating to
wrecking trains),''.
SEC. 111. FORFEITURE.
Section 981(a)(1)(B)(i) of title 18, United States Code, is
amended by inserting ``trafficking in nuclear, chemical,
biological, or radiological weapons technology or material,
or'' after ``involves''.
SEC. 112. SECTION 2332B(G)(5)(B) AMENDMENTS RELATING TO THE
DEFINITION OF FEDERAL CRIME OF TERRORISM.
(a) Additional Offenses.--Section 2332b(g)(5)(B) of title
18, United States Code, is amended--
(1) in clause (i), by inserting ``, 2339D (relating to
military-type training from a foreign terrorist
organization)'' before ``, or 2340A'';
(2) in clause (ii), by striking ``or'' after the semicolon;
(3) in clause (iii), by striking the period and inserting
``; or''
(4) by inserting after clause (iii) the following:
``(iv) section 1010A of the Controlled Substances Import
and Export Act (relating to narco-terrorism).''.
(b) Clerical Correction.--Section 2332b(g)(5)(B) of title
18, United States Code, is amended by inserting ``)'' after
``2339C (relating to financing of terrorism''.
SEC. 113. AMENDMENTS TO SECTION 2516(1) OF TITLE 18, UNITED
STATES CODE.
(a) Paragraph (a) Amendment.--Section 2516(1)(a) of title
18, United States Code, is amended by inserting ``chapter 10
(relating to biological weapons)'' after ``under the
following chapters of this title:''.
(b) Paragraph (c) Amendment.--Section 2516(1)(c) of title
18, United States Code, is amended--
(1) by inserting ``section 37 (relating to violence at
international airports), section 43 (relating to animal
enterprise terrorism),'' after ``the following sections of
this title:'';
(2) by inserting ``section 832 (relating to nuclear and
weapons of mass destruction threats), section 842 (relating
to explosive materials), section 930 (relating to possession
of weapons in Federal facilities),'' after ``section 751
(relating to escape),'';
(3) by inserting ``section 1114 (relating to officers and
employees of the United States), section 1116 (relating to
protection of foreign officials),'' after ``section 1014
(relating to loans and credit applications generally;
renewals and discounts),'';
(4) by inserting ``section 1992 (relating to terrorist
attacks against mass transportation),'' after ``section 1344
(relating to bank fraud),'';
(5) by inserting ``section 2340A (relating to torture),''
after ``section 2321 (relating to trafficking in certain
motor vehicles or motor vehicle parts),'';
(6) by inserting ``section 81 (arson within special
maritime and territorial jurisdiction),'' before ``section
201 (bribery of public officials and witnesses)''; and
(7) by inserting ``section 956 (conspiracy to harm persons
or property overseas),'' after ``section 175c (relating to
variola virus)''.
(c) Paragraph (g) Amendment.--Section 2516(1)(g) of title
18, United States Code, is amended by inserting before the
semicolon ``, or section 5324 of title 31, United States Code
(relating to structuring transactions to evade reporting
requirement prohibited)'' .
(d) Paragraph (j) Amendment.--Section 2516(1)(j) of title
18, United States Code, is amended--
(1) by striking ``or'' before ``section 46502 (relating to
aircraft piracy)'' and inserting a comma after ``section
60123(b) (relating to the destruction of a natural gas
pipeline''; and
(2) by inserting ``, the second sentence of section 46504
(relating to assault on a flight crew with dangerous weapon),
or section 46505(b)(3) or (c) (relating to explosive or
incendiary devices, or endangerment of human life, by means
of weapons on aircraft)'' before of ``title 49''.
(e) Paragraph (p) Amendment.--Section 2516(1)(p) of title
18, United States Code, is amended by inserting ``, section
1028A (relating to aggravated identity theft)'' after ``other
documents''.
(f) Paragraph (q) Amendment.--Section 2516(1)(q) of title
18, United States Code, is amended--
(1) by inserting ``2339'' after ``2232h'';
(2) by striking ``or'' before ``2339C''; and
(3) by inserting ``, or 2339D'' after ``2339C''.
(g) Amendment of Predicate Crimes for Authorization for
Interception of Wire, Oral, and Electronic Communications.--
Section 2516(1) of title 18, United State Code, is amended--
(1) in subparagraph (q), by striking ``or'' after the
semicolon;
(2) by redesignating subparagraph (r) as subparagraph (s);
and
(3) by adding after subparagraph (q) the following:
``(r) any criminal violation of section 1 (relating to
illegal restraints of trade or commerce), 2 (relating to
illegal monopolizing of trade or commerce), or 3 (relating to
illegal restraints of trade or commerce in territories or the
District of Columbia) of the Sherman Act (15 U.S.C. 1, 2, 3);
or''.
SEC. 114. DELAYED NOTICE SEARCH WARRANTS.
(a) Limitation on Reasonable Period for Delay.--Section
3103a of title 18, United States Code, is amended--
(1) by striking subsection (b)(3) and inserting the
following:
``(3) the warrant provides for the giving of such notice
within a reasonable period not to exceed 30 days after the
date of its execution, or on a later date certain if the
facts of the case justify a longer period of delay. ''.
(2) by adding at the end the following:
``(c) Extensions of Delay.--Any period of delay authorized
by this section may be extended by the court for good cause
shown, subject to the condition that extensions should only
be granted upon an updated showing of the need for further
delay and that each additional delay should be limited to
periods of 90 days or less, unless the facts of the case
justify a longer period of delay.''.
(b) Limitation on Authority to Delay Notice .--Section
3103a(b)(1) of title 18, United States Code, is amended by
inserting ``, except if the adverse results consist only of
unduly delaying a trial'' after ``2705''.
(c) Enhanced Oversight.--Section 3103a of title 18, United
States Code, is further amended by adding at the end the
following:
``(d) Reports.--
``(1) Report by judge.--Not later than 30 days after the
expiration of a warrant authorizing delayed notice (including
any extension thereof) entered under this section, or the
denial of such warrant (or request for extension), the
issuing or denying judge shall report to the Administrative
Office of the United States Courts--
``(A) the fact that a warrant was applied for;
``(B) the fact that the warrant or any extension thereof
was granted as applied for, was modified, or was denied;
[[Page H11285]]
``(C) the period of delay in the giving of notice
authorized by the warrant, and the number and duration of any
extensions; and
``(D) the offense specified in the warrant or application.
``(2) Report by administrative office of the united states
courts.--Beginning with the fiscal year ending September 30,
2007, the Director of the Administrative Office of the United
States Courts shall transmit to Congress annually a full and
complete report summarizing the data required to be filed
with the Administrative Office by paragraph (1), including
the number of applications for warrants and extensions of
warrants authorizing delayed notice, and the number of such
warrants and extensions granted or denied during the
preceding fiscal year.
``(3) Regulations.--The Director of the Administrative
Office of the United States Courts, in consultation with the
Attorney General, is authorized to issue binding regulations
dealing with the content and form of the reports required to
be filed under paragraph (1).''.
SEC. 115. JUDICIAL REVIEW OF NATIONAL SECURITY LETTERS.
Chapter 223 of title 18, United States Code, is amended--
(1) by inserting at the end of the table of sections the
following new item:
``3511. Judicial review of requests for information.'';
and
(3) by inserting after section 3510 the following:
``Sec. 3511. Judicial review of requests for information
``(a) The recipient of a request for records, a report, or
other information under section 2709(b) of this title,
section 626(a) or (b) or 627(a) of the Fair Credit Reporting
Act, section 1114(a)(5)(A) of the Right to Financial Privacy
Act, or section 802(a) of the National Security Act of 1947
may, in the United States district court for the district in
which that person or entity does business or resides,
petition for an order modifying or setting aside the request.
The court may modify or set aside the request if compliance
would be unreasonable, oppressive, or otherwise unlawful.
``(b)(1) The recipient of a request for records, a report,
or other information under section 2709(b) of this title,
section 626(a) or (b) or 627(a) of the Fair Credit Reporting
Act, section 1114(a)(5)(A) of the Right to Financial Privacy
Act, or section 802(a) of the National Security Act of 1947,
may petition any court described in subsection (a) for an
order modifying or setting aside a nondisclosure requirement
imposed in connection with such a request.
``(2) If the petition is filed within one year of the
request for records, a report, or other information under
section 2709(b) of this title, section 626(a) or (b) or
627(a) of the Fair Credit Reporting Act, section
1114(a)(5)(A) of the Right to Financial Privacy Act, or
section 802(a) of the National Security Act of 1947, the
court may modify or set aside such a nondisclosure
requirement if it finds that there is no reason to believe
that disclosure may endanger the national security of the
United States, interfere with a criminal, counterterrorism,
or counterintelligence investigation, interfere with
diplomatic relations, or endanger the life or physical safety
of any person. If, at the time of the petition, the Attorney
General, Deputy Attorney General, an Assistant Attorney
General, or the Director of the Federal Bureau of
Investigation, or in the case of a request by a department,
agency, or instrumentality of the Federal Government other
than the Department of Justice, the head or deputy head of
such department, agency, or instrumentality, certifies that
disclosure may endanger the national security of the United
States or interfere with diplomatic relations, such
certification shall be treated as conclusive unless the court
finds that the certification was made in bad faith.
``(3) If the petition is filed one year or more after the
request for records, a report, or other information under
section 2709(b) of this title, section 626(a) or (b) or
627(a) of the Fair Credit Reporting Act, section 1114
(a)(5)(A) of the Right to Financial Privacy Act, or section
802(a) of the National Security Act of 1947, the Attorney
General, Deputy Attorney General, an Assistant Attorney
General, or the Director of the Federal Bureau of
Investigation, or his designee in a position not lower than
Deputy Assistant Director at Bureau headquarters or a Special
Agent in Charge in a Bureau field office designated by the
Director, or in the case of a request by a department,
agency, or instrumentality of the Federal Government other
than the Federal Bureau of Investigation, the head or deputy
head of such department, agency, or instrumentality, within
ninety days of the filing of the petition, shall either
terminate the nondisclosure requirement or re-certify that
disclosure may result in a danger to the national security of
the United States, interference with a criminal,
counterterrorism, or counterintelligence investigation,
interference with diplomatic relations, or danger to the life
or physical safety of any person. In the event of re-
certification, the court may modify or set aside such a
nondisclosure requirement if it finds that there is no reason
to believe that disclosure may endanger the national security
of the United States, interfere with a criminal,
counterterrorism, or counterintelligence investigation,
interfere with diplomatic relations, or endanger the life or
physical safety of any person. If the recertification that
disclosure may endanger the national security of the United
States or interfere with diplomatic relations is made by the
Attorney General, Deputy Attorney General, an Assistant
Attorney General, or the Director of the Federal Bureau of
Investigation, such certification shall be treated as
conclusive unless the court finds that the recertification
was made in bad faith. If the court denies a petition for an
order modifying or setting aside a nondisclosure requirement
under this paragraph, the recipient shall be precluded for a
period of one year from filing another petition to modify or
set aside such nondisclosure requirement.
``(c) In the case of a failure to comply with a request for
records, a report, or other information made to any person or
entity under section 2709(b) of this title, section 626(a)
or (b) or 627(a) of the Fair Credit Reporting Act, section
1114(a)(5)(A) of the Right to Financial Privacy Act, or
section 802(a) of the National Security Act of 1947, the
Attorney General may invoke the aid of any district court
of the United States within the jurisdiction in which the
investigation is carried on or the person or entity
resides, carries on business, or may be found, to compel
compliance with the request. The court may issue an order
requiring the person or entity to comply with the request.
Any failure to obey the order of the court may be punished
by the court as contempt thereof. Any process under this
section may be served in any judicial district in which
the person or entity may be found.
``(d) In all proceedings under this section, subject to any
right to an open hearing in a contempt proceeding, the court
must close any hearing to the extent necessary to prevent an
unauthorized disclosure of a request for records, a report,
or other information made to any person or entity under
section 2709(b) of this title, section 626(a) or (b) or
627(a) of the Fair Credit Reporting Act, section
1114(a)(5)(A) of the Right to Financial Privacy Act, or
section 802(a) of the National Security Act of 1947.
Petitions, filings, records, orders, and subpoenas must also
be kept under seal to the extent and as long as necessary to
prevent the unauthorized disclosure of a request for records,
a report, or other information made to any person or entity
under section 2709(b) of this title, section 626(a) or (b) or
627(a) of the Fair Credit Reporting Act, section
1114(a)(5)(A) of the Right to Financial Privacy Act, or
section 802(a) of the National Security Act of 1947.
``(e) In all proceedings under this section, the court
shall, upon request of the government, review ex parte and in
camera any government submission or portions thereof, which
may include classified information.''.
SEC. 116. CONFIDENTIALITY OF NATIONAL SECURITY LETTERS.
(a) Section 2709(c) of title 18, United States Code, is
amended to read:
``(c) Prohibition of Certain Disclosure.--
``(1) If the Director of the Federal Bureau of
Investigation, or his designee in a position not lower than
Deputy Assistant Director at Bureau headquarters or a Special
Agent in Charge in a Bureau field office designated by the
Director, certifies that otherwise there may result a danger
to the national security of the United States, interference
with a criminal, counterterrorism, or counterintelligence
investigation, interference with diplomatic relations, or
danger to the life or physical safety of any person, no wire
or electronic communications service provider, or officer,
employee, or agent thereof, shall disclose to any person
(other than those to whom such disclosure is necessary to
comply with the request or an attorney to obtain legal advice
or legal assistance with respect to the request) that the
Federal Bureau of Investigation has sought or obtained access
to information or records under this section.
``(2) The request shall notify the person or entity to whom
the request is directed of the nondisclosure requirement
under paragraph (1).
``(3) Any recipient disclosing to those persons necessary
to comply with the request or to an attorney to obtain legal
advice or legal assistance with respect to the request shall
inform such person of any applicable nondisclosure
requirement. Any person who receives a disclosure under this
subsection shall be subject to the same prohibitions on
disclosure under paragraph (1).
``(4) At the request of the Director of the Federal Bureau
of Investigation or the designee of the Director, any person
making or intending to make a disclosure under this section
shall identify to the Director or such designee the person to
whom such disclosure will be made or to whom such
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.
[[Page H11286]]
``(2) The request shall notify the person or entity to whom
the request is directed of the nondisclosure requirement
under paragraph (1).
``(3) Any recipient disclosing to those persons necessary
to comply with the request or to an attorney to obtain legal
advice or legal assistance with respect to the request shall
inform such persons of any applicable nondisclosure
requirement. Any person who receives a disclosure under this
subsection shall be subject to the same prohibitions on
disclosure under paragraph (1).
``(4) At the request of the Director of the Federal Bureau
of Investigation or the designee of the Director, any person
making or intending to make a disclosure under this section
shall identify to the Director or such designee the person to
whom such disclosure will be made or to whom such disclosure
was made prior to the request, but in no circumstance shall a
person be required to inform the Director or such designee
that the person intends to consult an attorney to obtain
legal advice or legal assistance.''.
(c) Section 626(c) of the Fair Credit Reporting Act (15
U.S.C. 1681v(c)) is amended to read:
``(c) Confidentiality.--
``(1) If the head of a government agency authorized to
conduct investigations of intelligence or counterintelligence
activities or analysis related to international terrorism, or
his designee, certifies that otherwise there may result a
danger to the national security of the United States,
interference with a criminal, counterterrorism, or
counterintelligence investigation, interference with
diplomatic relations, or danger to the life or physical
safety of any person, no consumer reporting agency or
officer, employee, or agent of such consumer reporting
agency, shall disclose to any person (other than those to
whom such disclosure is necessary to comply with the request
or an attorney to obtain legal advice or legal assistance
with respect to the request), or specify in any consumer
report, that a government agency has sought or obtained
access to information under subsection (a).
``(2) The request shall notify the person or entity to whom
the request is directed of the nondisclosure requirement
under paragraph (1).
``(3) Any recipient disclosing to those persons necessary
to comply with the request or to any attorney to obtain legal
advice or legal assistance with respect to the request shall
inform such persons of any applicable nondisclosure
requirement. Any person who receives a disclosure under this
subsection shall be subject to the same prohibitions on
disclosure under paragraph (1).
``(4) At the request of the authorized Government agency,
any person making or intending to make a disclosure under
this section shall identify to the requesting official of the
authorized Government agency the person to whom such
disclosure will be made or to whom such disclosure was made
prior to the request, but in no circumstance shall a person
be required to inform such requesting official that the
person intends to consult an attorney to obtain legal advice
or legal assistance.''.
(d) Section 1114(a)(3) of the Right to Financial Privacy
Act (12 U.S.C. 3414(a)(3)) is amended to read as follows:
``(3)(A) If the Government authority described in paragraph
(1) or the Secret Service, as the case may be, certifies that
otherwise there may result a danger to the national security
of the United States, interference with a criminal,
counterterrorism, or counterintelligence investigation,
interference with diplomatic relations, or danger to the life
or physical safety of any person, no financial institution,
or officer, employee, or agent of such institution, shall
disclose to any person (other than those to whom such
disclosure is necessary to comply with the request or an
attorney to obtain legal advice or legal assistance with
respect to the request) that the Government authority or the
Secret Service has sought or obtained access to a customer's
financial records.
``(B) The request shall notify the person or entity to whom
the request is directed of the nondisclosure requirement
under subparagraph (A).
``(C) Any recipient disclosing to those persons necessary
to comply with the request or to an attorney to obtain legal
advice or legal assistance with respect to the request shall
inform such persons of any applicable nondisclosure
requirement. Any person who receives a disclosure under this
subsection shall be subject to the same prohibitions on
disclosure under subparagraph (A).
``(D) At the request of the authorized Government agency or
the Secret Service, any person making or intending to make a
disclosure under this section shall identify to the
requesting official of the authorized Government agency or
the Secret Service the person to whom such disclosure will be
made or to whom such disclosure was made prior to the
request, but in no circumstance shall a person be required to
inform such requesting official that the person intends to
consult an attorney to obtain legal advice or legal
assistance.''.
(e) Section 1114(a)(5)(D) of the Right to Financial Privacy
Act (12 U.S.C. 3414(a)(5)(D)) is amended to read:
``(D) Prohibition of certain disclosure.--
``(i) If the Director of the Federal Bureau of
Investigation, or his designee in a position not lower than
Deputy Assistant Director at Bureau headquarters or a Special
Agent in Charge in a Bureau field office designated by the
Director, certifies that otherwise there may result a danger
to the national security of the United States, interference
with a criminal, counterterrorism, or counterintelligence
investigation, interference with diplomatic relations, or
danger to the life or physical safety of any person, no
financial institution, or officer, employee, or agent of such
institution, shall disclose to any person (other than those
to whom such disclosure is necessary to comply with the
request or an attorney to obtain legal advice or legal
assistance with respect to the request) that the Federal
Bureau of Investigation has sought or obtained access to a
customer's or entity's financial records under subparagraph
(A).
``(ii) The request shall notify the person or entity to
whom the request is directed of the nondisclosure requirement
under clause (i).
``(iii) Any recipient disclosing to those persons necessary
to comply with the request or to an attorney to obtain legal
advice or legal assistance with respect to the request shall
inform such persons of any applicable nondisclosure
requirement. Any person who receives a disclosure under this
subsection shall be subject to the same prohibitions on
disclosure under clause (i).
``(iv) At the request of the Director of the Federal Bureau
of Investigation or the designee of the Director, any person
making or intending to make a disclosure under this section
shall identify to the Director or such designee the person to
whom such disclosure will be made or to whom such disclosure
was made prior to the request, but in no circumstance shall a
person be required to inform the Director or such designee
that the person intends to consult an attorney to obtain
legal advice or legal assistance.''.
(f) Section 802(b) of the National Security Act of 1947 (50
U.S.C. 436(b)) is amended to read as follows:
``(b) Prohibition of Certain Disclosure.--
``(1) If an authorized investigative agency described in
subsection (a) certifies that otherwise there may result a
danger to the national security of the United States,
interference with a criminal, counterterrorism, or
counterintelligence investigation, interference with
diplomatic relations, or danger to the life or physical
safety of any person, no governmental or private entity,
or officer, employee, or agent of such entity, may
disclose to any person (other than those to whom such
disclosure is necessary to comply with the request or an
attorney to obtain legal advice or legal assistance with
respect to the request) that such entity has received or
satisfied a request made by an authorized investigative
agency under this section.
``(2) The request shall notify the person or entity to whom
the request is directed of the nondisclosure requirement
under paragraph (1).
``(3) Any recipient disclosing to those persons necessary
to comply with the request or to an attorney to obtain legal
advice or legal assistance with respect to the request shall
inform such persons of any applicable nondisclosure
requirement. Any person who receives a disclosure under this
subsection shall be subject to the same prohibitions on
disclosure under paragraph (1).
``(4) At the request of the authorized investigative
agency, any person making or intending to make a disclosure
under this section shall identify to the requesting official
of the authorized investigative agency the person to whom
such disclosure will be made or to whom such disclosure was
made prior to the request, but in no circumstance shall a
person be required to inform such official that the person
intends to consult an attorney to obtain legal advice or
legal assistance.''.
SEC. 117. VIOLATIONS OF NONDISCLOSURE PROVISIONS OF NATIONAL
SECURITY LETTERS.
Section 1510 of title 18, United States Code, is amended by
adding at the end the following:
``(e) Whoever, having been notified of the applicable
disclosure prohibitions or confidentiality requirements of
section 2709(c)(1) of this title, section 626(d)(1) or
627(c)(1) of the Fair Credit Reporting Act (15 U.S.C.
1681u(d)(1) or 1681v(c)(1)), section 1114(a)(3)(A) or
1114(a)(5)(D)(i) of the Right to Financial Privacy Act (12
U.S.C. 3414(a)(3)(A) or 3414(a)(5)(D)(i)), or section
802(b)(1) of the National Security Act of 1947 (50 U.S.C.
436(b)(1)), knowingly and with the intent to obstruct an
investigation or judicial proceeding violates such
prohibitions or requirements applicable by law to such person
shall be imprisoned for not more than five years, fined under
this title, or both.''.
SEC. 118. REPORTS ON NATIONAL SECURITY LETTERS.
(a) Existing Reports.--Any report made to a committee of
Congress regarding national security letters under section
2709(c)(1) of title 18, United States Code, sections 626(d)
or 627(c) of the Fair Credit Reporting Act (15 U.S.C.
1681u(d) or 1681v(c)), section 1114(a)(3) or 1114(a)(5)(D) of
the Right to Financial Privacy Act (12 U.S.C. 3414(a)(3) or
3414(a)(5)(D)), or section 802(b) of the National Security
Act of 1947 (50 U.S.C. 436(b)) shall also be made to the
Committees on the Judiciary of the House of Representatives
and the Senate.
(b) Enhanced Oversight of Fair Credit Reporting Act
Counterterrorism National Security Letter.--Section 627 of
the Fair Credit Reporting Act (15 U.S.C. 1681(v)) is amended
by inserting at the end the following new subsection:
``(f) Reports to Congress.--(1) On a semi-annual basis, the
Attorney General shall fully inform the Committee on the
Judiciary, the Committee on Financial Services, and the
Permanent Select Committee on Intelligence of the House of
Representatives and the Committee on the Judiciary, the
Committee on Banking, Housing, and Urban Affairs, and the
Select Committee on Intelligence of the Senate concerning all
requests made pursuant to subsection (a).
``(2) In the case of the semiannual reports required to be
submitted under paragraph (1) to the Permanent Select
Committee on Intelligence of the House of Representatives and
the Select Committee on Intelligence of the Senate, the
submittal dates for such reports shall be as provided in
section 507 of the National Security Act of 1947 (50 U.S.C.
415b).''.
(c) Report on Requests for National Security Letters.--
(1) In general.--In April of each year, the Attorney
General shall submit to Congress an
[[Page H11287]]
aggregate report setting forth with respect to the preceding
year the total number of requests made by the Department of
Justice for information concerning different United States
persons under--
(A) section 2709 of title 18, United States Code (to access
certain communication service provider records), excluding
the number of requests for subscriber information;
(B) section 1114 of the Right to Financial Privacy Act (12
U.S.C. 3414) (to obtain financial institution customer
records);
(C) section 802 of the National Security Act of 1947 (50
U.S.C. 436) (to obtain financial information, records, and
consumer reports);
(D) section 626 of the Fair Credit Reporting Act (15 U.S.C.
1681u) (to obtain certain financial information and consumer
reports); and
(E) section 627 of the Fair Credit Reporting Act (15 U.S.C.
1681v) (to obtain credit agency consumer records for
counterterrorism investigations).
(2) Unclassified form.--The report under this section shall
be submitted in unclassified form.
(d) National Security Letter Defined.--In this section, the
term ``national security letter'' means a request for
information under one of the following provisions of law:
(1) Section 2709(a) of title 18, United States Code (to
access certain communication service provider records).
(2) Section 1114(a)(5)(A) of the Right to Financial Privacy
Act (12 U.S.C. 3414(a)(5)(A)) (to obtain financial
institution customer records).
(3) Section 802 of the National Security Act of 1947 (50
U.S.C. 436) (to obtain financial information, records, and
consumer reports).
(4) Section 626 of the Fair Credit Reporting Act (15 U.S.C.
1681u) (to obtain certain financial information and consumer
reports).
(5) Section 627 of the Fair Credit Reporting Act (15 U.S.C.
1681v) (to obtain credit agency consumer records for
counterterrorism investigations).
SEC. 119. AUDIT OF USE OF NATIONAL SECURITY LETTERS.
(a) Audit.--The Inspector General of the Department of
Justice shall perform an audit of the effectiveness and use,
including any improper or illegal use, of national security
letters issued by the Department of Justice.
(b) Requirements.--The audit required under subsection (a)
shall include--
(1) an examination of the use of national security letters
by the Department of Justice during calendar years 2003
through 2006;
(2) a description of any noteworthy facts or circumstances
relating to such use, including any improper or illegal use
of such authority; and
(3) an examination of the effectiveness of national
security letters as an investigative tool, including--
(A) the importance of the information acquired by the
Department of Justice to the intelligence activities of the
Department of Justice or to any other department or agency of
the Federal Government;
(B) the manner in which such information is collected,
retained, analyzed, and disseminated by the Department of
Justice, including any direct access to such information
(such as access to ``raw data'') provided to any other
department, agency, or instrumentality of Federal, State,
local, or tribal governments or any private sector entity;
(C) whether, and how often, the Department of Justice
utilized such information to produce an analytical
intelligence product for distribution within the Department
of Justice, to the intelligence community (as such term is
defined in section 3(4) of the National Security Act of 1947
(50 U.S.C. 401a(4))), or to other Federal, State, local, or
tribal government departments, agencies, or
instrumentalities;
(D) whether, and how often, the Department of Justice
provided such information to law enforcement authorities for
use in criminal proceedings;
(E) with respect to national security letters issued
following the date of the enactment of this Act, an
examination of the number of occasions in which the
Department of Justice, or an officer or employee of the
Department of Justice, issued a national security letter
without the certification necessary to require the recipient
of such letter to comply with the nondisclosure and
confidentiality requirements potentially applicable under
law; and
(F) the types of electronic communications and
transactional information obtained through requests for
information under section 2709 of title 18, United States
Code, including the types of dialing, routing, addressing, or
signaling information obtained, and the procedures the
Department of Justice uses if content information is obtained
through the use of such authority.
(c) Submission Dates.--
(1) Prior years.--Not later than one year after the date of
the enactment of this Act, or upon completion of the audit
under this section for calendar years 2003 and 2004,
whichever is earlier, the Inspector General of the Department
of Justice shall submit to the Committee on the Judiciary and
the Permanent Select Committee on Intelligence of 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 subsections (c)(1) or (c)(2), the Inspector
General of the Department of Justice shall provide such
report to the Attorney General and the Director of National
Intelligence.
(2) Comments.--The Attorney General or the Director of
National Intelligence may provide comments to be included in
the reports submitted under subsections (c)(1) or (c)(2) as
the Attorney General or the Director of National Intelligence
may consider necessary.
(e) Unclassified Form.--The reports submitted under
subsections (c)(1) or (c)(2) and any comments included under
subsection (d)(2) shall be in unclassified form, but may
include a classified annex.
(f) Minimization Procedures Feasibility.--Not later than
February 1, 2007, or upon completion of review of the report
submitted under subsection (c)(1), whichever is earlier, the
Attorney General and the Director of National Intelligence
shall jointly submit to the Committee on the Judiciary and
the Permanent Select Committee on Intelligence of the House
of Representatives and the Committee on the Judiciary and the
Select Committee on Intelligence of the Senate a report on
the feasibility of applying minimization procedures in the
context of national security letters to ensure the protection
of the constitutional rights of United States persons.
(g) National Security Letter Defined.--In this section, the
term ``national security letter'' means a request for
information under one of the following provisions of law:
(1) Section 2709(a) of title 18, United States Code (to
access certain communication service provider records).
(2) Section 1114(a)(5)(A) of the Right to Financial Privacy
Act (12 U.S.C. 3414(a)(5)(A)) (to obtain financial
institution customer records).
(3) Section 802 of the National Security Act of 1947 (50
U.S.C. 436) (to obtain financial information, records, and
consumer reports).
(4) Section 626 of the Fair Credit Reporting Act (15 U.S.C.
1681u) (to obtain certain financial information and consumer
reports).
(5) Section 627 of the Fair Credit Reporting Act (15 U.S.C.
1681v) (to obtain credit agency consumer records for
counterterrorism investigations).
SEC. 120. DEFINITION FOR FORFEITURE PROVISIONS UNDER SECTION
806 OF THE USA PATRIOT ACT.
Section 981(a)(1)(G) of title 18, United States Code, is
amended--
(1) in clause (i), by striking ``act of international or
domestic terrorism (as defined in section 2331)'' and
inserting ``any Federal crime of terrorism (as defined in
section 2332b(g)(5))'';
(2) in clause (ii), by striking ``an act of international
or domestic terrorism (as defined in section 2331)'' with
``any Federal crime of terrorism (as defined in section
2332b(g)(5)''; and
(3) in clause (iii), by striking ``act of international or
domestic terrorism (as defined in section 2331)'' and
inserting ``Federal crime of terrorism (as defined in section
2332b(g)(5))''.
SEC. 121. PENAL PROVISIONS REGARDING TRAFFICKING IN
CONTRABAND CIGARETTES OR SMOKELESS TOBACCO.
(a) Threshold Quantity for Treatment as Contraband
Cigarettes.--(1) Section 2341(2) of title 18, United States
Code, is amended by striking ``60,000 cigarettes'' and
inserting ``10,000 cigarettes''.
(2) Section 2342(b) of that title is amended by striking
``60,000'' and inserting ``10,000''.
(3) Section 2343 of that title is amended--
(A) in subsection (a), by striking ``60,000'' and inserting
``10,000''; and
(B) in subsection (b), by striking ``60,000'' and inserting
``10,000''.
(b) Contraband Smokeless Tobacco.--(1) Section 2341 of that
title is amended--
(A) in paragraph (4), by striking ``and'' at the end;
(B) in paragraph (5), by striking the period at the end and
inserting a semicolon; and
(C) by adding at the end the following new paragraphs:
``(6) the term `smokeless tobacco' means any finely cut,
ground, powdered, or leaf tobacco that is intended to be
placed in the oral or nasal cavity or otherwise consumed
without being combusted;
``(7) the term `contraband smokeless tobacco' means a
quantity in excess of 500 single-unit consumer-sized cans or
packages of smokeless tobacco, or their equivalent, that are
in the possession of any person other than--
``(A) a person holding a permit issued pursuant to chapter
52 of the Internal Revenue Code of 1986 as manufacturer of
tobacco products or as an export warehouse proprietor, a
person operating a customs bonded warehouse pursuant to
section 311 or 555 of the Tariff Act of 1930 (19 U.S.C. 1311,
1555), or an agent of such person;
``(B) a common carrier transporting such smokeless tobacco
under a proper bill of lading or freight bill which states
the quantity, source, and designation of such smokeless
tobacco;
``(C) a person who--
``(i) is licensed or otherwise authorized by the State
where such smokeless tobacco is found to engage in the
business of selling or distributing tobacco products; and
``(ii) has complied with the accounting, tax, and payment
requirements relating to such license or authorization with
respect to such smokeless tobacco; or
``(D) an officer, employee, or agent of the United States
or a State, or any department, agency, or instrumentality of
the United States or a State (including any political
subdivision of a State), having possession of such smokeless
tobacco in connection with the performance of official
duties;''.
[[Page H11288]]
(2) Section 2342(a) of that title is amended by inserting
``or contraband smokeless tobacco'' after ``contraband
cigarettes''.
(3) Section 2343(a) of that title is amended by inserting
``, or any quantity of smokeless tobacco in excess of 500
single-unit consumer-sized cans or packages,'' before ``in a
single transaction''.
(4) Section 2344(c) of that title is amended by inserting
``or contraband smokeless tobacco'' after ``contraband
cigarettes''.
(5) Section 2345 of that title is amended by inserting ``or
smokeless tobacco'' after ``cigarettes'' each place it
appears.
(6) Section 2341 of that title is further amended in
paragraph (2), as amended by subsection (a)(1) of this
section, in the matter preceding subparagraph (A), by
striking ``State cigarette taxes in the State where such
cigarettes are found, if the State'' and inserting ``State or
local cigarette taxes in the State or locality where such
cigarettes are found, if the State or local government''.
(c) Recordkeeping, Reporting, and Inspection.--Section 2343
of that title, as amended by this section, is further
amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by striking
``only--'' and inserting ``such information as the Attorney
General considers appropriate for purposes of enforcement of
this chapter, including--''; and
(B) in the flush matter following paragraph (3), by
striking the second sentence;
(2) by redesignating subsection (b) as subsection (c);
(3) by inserting after subsection (a) the following new
subsection (b):
``(b) Any person, except for a tribal government, who
engages in a delivery sale, and who ships, sells, or
distributes any quantity in excess of 10,000 cigarettes, or
any quantity in excess of 500 single-unit consumer-sized cans
or packages of smokeless tobacco, or their equivalent, within
a single month, shall submit to the Attorney General,
pursuant to rules or regulations prescribed by the Attorney
General, a report that sets forth the following:
``(1) The person's beginning and ending inventory of
cigarettes and cans or packages of smokeless tobacco (in
total) for such month.
``(2) The total quantity of cigarettes and cans or packages
of smokeless tobacco that the person received within such
month from each other person (itemized by name and address).
``(3) The total quantity of cigarettes and cans or packages
of smokeless tobacco that the person distributed within such
month to each person (itemized by name and address) other
than a retail purchaser.''; and
(4) by adding at the end the following new subsections:
``(d) Any report required to be submitted under this
chapter to the Attorney General shall also be submitted to
the Secretary of the Treasury and to the attorneys general
and the tax administrators of the States from where the
shipments, deliveries, or distributions both originated and
concluded.
``(e) In this section, the term `delivery sale' means any
sale of cigarettes or smokeless tobacco in interstate
commerce to a consumer if--
``(1) the consumer submits the order for such sale by means
of a telephone or other method of voice transmission, the
mails, or the Internet or other online service, or by any
other means where the consumer is not in the same physical
location as the seller when the purchase or offer of sale is
made; or
``(2) the cigarettes or smokeless tobacco are delivered by
use of the mails, common carrier, private delivery service,
or any other means where the consumer is not in the same
physical location as the seller when the consumer obtains
physical possession of the cigarettes or smokeless tobacco.
``(f) In this section, the term `interstate commerce' means
commerce between a State and any place outside the State, or
commerce between points in the same State but through any
place outside the State.''.
(d) Disposal or Use of Forfeited Cigarettes and Smokeless
Tobacco.--Section 2344(c) of that title, as amended by this
section, is further amended by striking ``seizure and
forfeiture,'' and all that follows and inserting `` ``seizure
and forfeiture. The provisions of chapter 46 of title 18
relating to civil forfeitures shall extend to any seizure or
civil forfeiture under this section. Any cigarettes or
smokeless tobacco so seized and forfeited shall be either--
``(1) destroyed and not resold; or
``(2) used for undercover investigative operations for the
detection and prosecution of crimes, and then destroyed and
not resold.''.
(e) Effect on State and Local Law.--Section 2345 of that
title is amended--
(1) in subsection (a), by striking ``a State to enact and
enforce'' and inserting ``a State or local government to
enact and enforce its own''; and
(2) in subsection (b), by striking ``of States, through
interstate compact or otherwise, to provide for the
administration of State'' and inserting ``of State or local
governments, through interstate compact or otherwise, to
provide for the administration of State or local''.
(f) Enforcement.--Section 2346 of that title is amended--
(1) by inserting ``(a)'' before ``The Attorney General'';
and
(2) by adding at the end the following new subsection:
``(b)(1) A State, through its attorney general, a local
government, through its chief law enforcement officer (or a
designee thereof), or any person who holds a permit under
chapter 52 of the Internal Revenue Code of 1986, may bring an
action in the United States district courts to prevent and
restrain violations of this chapter by any person (or by any
person controlling such person), except that any person who
holds a permit under chapter 52 of the Internal Revenue Code
of 1986 may not bring such an action against a State or local
government. No civil action may be commenced under this
paragraph against an Indian tribe or an Indian in Indian
country (as defined in section 1151).
``(2) A State, through its attorney general, or a local
government, through its chief law enforcement officer (or a
designee thereof), may in a civil action under paragraph (1)
also obtain any other appropriate relief for violations of
this chapter from any person (or by any person controlling
such person), including civil penalties, money damages, and
injunctive or other equitable relief. Nothing in this chapter
shall be deemed to abrogate or constitute a waiver of any
sovereign immunity of a State or local government, or an
Indian tribe against any unconsented lawsuit under this
chapter, or otherwise to restrict, expand, or modify any
sovereign immunity of a State or local government, or an
Indian tribe.
``(3) The remedies under paragraphs (1) and (2) are in
addition to any other remedies under Federal, State, local,
or other law.
``(4) Nothing in this chapter shall be construed to expand,
restrict, or otherwise modify any right of an authorized
State official to proceed in State court, or take other
enforcement actions, on the basis of an alleged violation of
State or other law.
``(5) Nothing in this chapter shall be construed to expand,
restrict, or otherwise modify any right of an authorized
local government official to proceed in State court, or take
other enforcement actions, on the basis of an alleged
violation of local or other law.''.
(g) Conforming and Clerical Amendments.--(1) The section
heading for section 2343 of that title is amended to read as
follows:
``Sec. 2343. Recordkeeping, reporting, and inspection''.
(2) The section heading for section 2345 of such title is
amended to read as follows:
``Sec. 2345. Effect on State and local law''.
(3) The table of sections at the beginning of chapter 114
of that title is amended--
(A) by striking the item relating to section 2343 and
inserting the following new item:
``2343. Recordkeeping, reporting, and inspection.'';
and
(B) by striking the item relating to section 2345 and
insert the following new item:
``2345. Effect on State and local law.''.
(4)(A) The heading for chapter 114 of that title is amended
to read as follows:
``CHAPTER 114--TRAFFICKING IN CONTRABAND CIGARETTES AND SMOKELESS
TOBACCO''.
(B) The table of chapters at the beginning of part I of
that title is amended by striking the item relating to
section 114 and inserting the following new item:
``114. Trafficking in contraband cigarettes and smokeless tobac2341.''.
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 or pecuniary value to any person or
organization that has engaged or engages in terrorist
activity (as defined in section 212(a)(3)(B) of the
Immigration and Nationality Act) or terrorism (as defined in
section 140(d)(2) of the Foreign Relations Authorization Act,
Fiscal Years 1988 and 1989), shall be sentenced to a term of
imprisonment of not less than twice the minimum punishment
under section 841(b)(1), and not more than life, a fine in
accordance with the provisions of title 18, United States
Code, or both. Notwithstanding section 3583 of title 18,
United States Code, any sentence imposed under this
subsection shall include a term of supervised release of at
least 5 years in addition to such term of imprisonment.
``Jurisdiction
``(b) There is jurisdiction over an offense under this
section if--
``(1) the prohibited drug activity or the terrorist offense
is in violation of the criminal laws of the United States;
``(2) the offense, the prohibited drug activity, or the
terrorist offense occurs in or affects interstate or foreign
commerce;
``(3) an offender provides anything of pecuniary value for
a terrorist offense that causes or is designed to cause death
or serious bodily injury to a national of the United States
while that national is outside the United States, or
substantial damage to the property of a legal entity
organized under the laws of the United States (including any
of its States, districts, commonwealths, territories, or
possessions) while that property is outside of the United
States;
``(4) the offense or the prohibited drug activity occurs in
whole or in part outside of the United States (including on
the high seas), and a perpetrator of the offense or the
prohibited drug activity is a national of the United States
or a legal entity organized under the laws of the United
States (including any of its States, districts,
commonwealths, territories, or possessions); or
``(5) after the conduct required for the offense occurs an
offender is brought into or found in the United States, even
if the conduct required for the offense occurs outside the
United States.
``Proof Requirements
``(c) To violate subsection (a), a person must have
knowledge that the person or organization
[[Page H11289]]
has engaged or engages in terrorist activity (as defined in
section 212(a)(3)(B) of the Immigration and Nationality Act)
or terrorism (as defined in section 140(d)(2) of the Foreign
Relations Authorization Act, Fiscal Years 1988 and 1989).
``Definition
``(d) As used in this section, the term `anything of
pecuniary value' has the meaning given the term in section
1958(b)(1) of title 18, United States Code.''.
SEC. 123. INTERFERING WITH THE OPERATION OF AN AIRCRAFT.
Section 32 of title 18, United States Code, is amended--
(1) in subsection (a), by redesignating paragraphs (5),
(6), and (7) as paragraphs (6), (7), and (8) respectively;
(2) by inserting after paragraph (4) of subsection (a), the
following:
``(5) interferes with or disables, with intent to endanger
the safety of any person or with a reckless disregard for the
safety of human life, anyone engaged in the authorized
operation of such aircraft or any air navigation facility
aiding in the navigation of any such aircraft;'';
(3) in subsection (a)(8), by striking ``paragraphs (1)
through (6)'' and inserting ``paragraphs (1) through (7)'';
and
(4) in subsection (c), by striking ``paragraphs (1) through
(5)'' and inserting ``paragraphs (1) through (6)''.
SEC. 124. SENSE OF CONGRESS RELATING TO LAWFUL POLITICAL
ACTIVITY.
It is the sense of Congress that government should not
investigate an American citizen solely on the basis of the
citizen's membership in a non-violent political organization
or the fact that the citizen was engaging in other lawful
political activity.
SEC. 125. REMOVAL OF CIVIL LIABILITY BARRIERS THAT DISCOURAGE
THE DONATION OF FIRE EQUIPMENT TO VOLUNTEER
FIRE COMPANIES.
(a) Liability Protection.--A person who donates qualified
fire control or rescue equipment to a volunteer fire company
shall not be liable for civil damages under any State or
Federal law for personal injuries, property damage or loss,
or death caused by the equipment after the donation.
(b) Exceptions.--Subsection (a) does not apply to a person
if--
(1) the person's act or omission causing the injury,
damage, loss, or death constitutes gross negligence or
intentional misconduct; or
(2) the person is the manufacturer of the qualified fire
control or rescue equipment.
(3) the person or agency modified or altered the equipment
after it had been recertified by an authorized technician as
meeting the manufacturer's specifications.
(c) Preemption.--This section preempts the laws of any
State to the extent that such laws are inconsistent with this
section, except that notwithstanding subsection (b) this
section shall not preempt any State law that provides
additional protection from liability for a person who donates
fire control or fire rescue equipment to a volunteer fire
company.
(d) Definitions.--In this section:
(1) Person.--The term ``person'' includes any governmental
or other entity.
(2) Fire control or rescue equipment.--The term ``fire
control or fire rescue equipment'' includes any fire vehicle,
fire fighting tool, communications equipment, protective
gear, fire hose, or breathing apparatus.
(3) Qualified fire control or rescue equipment.--The term
``qualified fire control or rescue equipment'' means fire
control or fire rescue equipment that has been recertified by
an authorized technician as meeting the manufacturer's
specifications.
(4) State.--The term ``State'' includes the several States,
the District of Columbia, the Commonwealth of Puerto Rico,
the Commonwealth of the Northern Mariana Islands, American
Samoa, Guam, the Virgin Islands, any other territory or
possession of the United States, and any political
subdivision of any such State, territory, or possession.
(5) Volunteer fire company.--The term ``volunteer fire
company'' means an association 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 pattern-
based data-mining technology quality assurance controls to be
used in providing accurate and valuable information
consistent with the stated plans for the use of the
technology.
(4) An assessment of the likely impact of the
implementation of the pattern-based data-mining technology on
privacy and civil liberties.
(5) A list and analysis of the laws and regulations
applicable to the Department of Justice that govern the
application of the pattern-based data-mining technology to
the information to be collected, reviewed, gathered, and
analyzed with the pattern-based data-mining technology.
(6) A thorough discussion of the policies, procedures, and
guidelines of the Department of Justice that are to be
developed and applied in the use of such technology for
pattern-based data-mining in order to--
(A) protect the privacy and due process rights of
individuals; and
(B) ensure that only accurate information is collected and
used or account for the possibility of inaccuracy in that
information and guard against harmful consequences of
potential inaccuracies.
(7) Any necessary classified information in an annex that
shall be available consistent with national security to the
Committee on the Judiciary of both the Senate and the House
of Representatives.
(b) Definitions.--In this section:
(1) Data-mining.--The term ``data-mining'' means a query or
search or other analysis of one or more electronic databases,
where--
(A) at least one of the databases was obtained from or
remains under the control of a non-Federal entity, or the
information was acquired initially by another department or
agency of the Federal Government for purposes other than
intelligence or law enforcement;
(B) the search does not use personal identifiers of a
specific individual or does not utilize inputs that appear on
their face to identify or be associated with a specified
individual to acquire information; and
(C) a department or agency of the Federal Government is
conducting the query or search or other analysis to find a
pattern indicating terrorist or other criminal activity.
(2) Database.--The term ``database'' does not include
telephone directories, information publicly available via the
Internet or available by any other means to any member of the
public, any databases maintained, operated, or controlled by
a State, local, or tribal government (such as a State motor
vehicle database), or databases of judicial and
administrative opinions.
SEC. 127. SENSE OF CONGRESS.
It is the sense of Congress that under section 981 of title
18, United States Code, victims of terrorists attacks should
have access to the assets forfeited.
SEC. 128. USA PATRIOT ACT SECTION 214; AUTHORITY FOR
DISCLOSURE OF ADDITIONAL INFORMATION IN
CONNECTION WITH ORDERS FOR PEN REGISTER AND
TRAP AND TRACE AUTHORITY UNDER FISA.
(a) Records.--Section 402(d)(2) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1842(d)(2)) is amended--
(1) in subparagraph (A)--
(A) in clause (ii), by adding ``and'' at the end; and
(B) in clause (iii), by striking the period at the end and
inserting a semicolon; and
(2) in subparagraph (B)(iii), by striking the period at the
end and inserting ``; and''; and
(3) by adding at the end the following:
``(C) shall direct that, upon the request of the applicant,
the provider of a wire or electronic communication service
shall disclose to the Federal officer using the pen register
or trap and trace device covered by the order--
``(i) in the case of the customer or subscriber using the
service covered by the order (for the period specified by the
order)--
``(I) the name of the customer or subscriber;
``(II) the address of the customer or subscriber;
``(III) the telephone or instrument number, or other
subscriber number or identifier, of the customer or
subscriber, including any temporarily assigned network
address or associated routing or transmission information;
``(IV) the length of the provision of service by such
provider to the customer or subscriber and the types of
services utilized by the customer or subscriber;
``(V) in the case of a provider of local or long distance
telephone service, any local or long distance telephone
records of the customer or subscriber;
``(VI) if applicable, any records reflecting period of
usage (or sessions) by the customer or subscriber; and
``(VII) any mechanisms and sources of payment for such
service, including the number of any credit card or bank
account utilized for payment for such service; and
``(ii) if available, with respect to any customer or
subscriber of incoming or outgoing communications to or from
the service covered by the order--
``(I) the name of such customer or subscriber;
``(II) the address of such customer or subscriber;
``(III) the telephone or instrument number, or other
subscriber number or identifier, of such customer or
subscriber, including any temporarily assigned network
address or associated routing or transmission information;
and
``(IV) the length of the provision of service by such
provider to such customer or subscriber and the types of
services utilized by such customer or subscriber.''.
(b) Enhanced Oversight.--Section 406(a) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1846(a)) is
amended by inserting ``,
[[Page H11290]]
and the Committee on the Judiciary of the House of
Representatives and the Committee on the Judiciary of the
Senate,'' after ``of the Senate''.
TITLE II--TERRORIST DEATH PENALTY ENHANCEMENT
SEC. 201. SHORT TITLE.
This title may be cited as the ``Terrorist Death Penalty
Enhancement Act of 2005''.
Subtitle A--Terrorist Penalties Enhancement Act
SEC. 211. DEATH PENALTY PROCEDURES FOR CERTAIN AIR PIRACY
CASES OCCURRING BEFORE ENACTMENT OF THE FEDERAL
DEATH PENALTY ACT OF 1994.
(a) In General.--Section 60003 of the Violent Cri
