II
109th CONGRESS
1st Session
S. 2118
IN THE SENATE OF THE UNITED STATES
December 15, 2005
Mr. Sununu (for himself, Mrs. Feinstein, Mr. Craig, Mr. Obama, Ms. Murkowski, Mr. Hagel, and Mrs. Clinton) introduced the following bill; which was read twice and referred to the Committee on the Judiciary
A BILL
To amend the USA PATRIOT ACT to extend the sunset of certain provisions of that Act and the lone wolf provision of the Intelligence Reform and Terrorism Prevention Act of 2004 to March 31, 2006, and to combat methamphetamine abuse.
Extension of sunset of certain provisions of the USA PATRIOT ACT and the lone wolf provision of the Intelligence Reform and Terrorism Prevention Act of 2004
Extension of sunset of certain provisions of the USA PATRIOT ACT and the lone wolf provision of the Intelligence Reform and Terrorism Prevention Act of 2004
Section 224(a) of the Uniting and
Strengthening America by Providing Appropriate Tools Required to Intercept and
Obstruct Terrorism (USA PATRIOT ACT) Act of 2001 (Public Law 107–56; 115 Stat.
295) is amended by striking December 31, 2005
and inserting
March 31, 2006
.
Combat Methamphetamine Epidemic Act of 2005
Short title
This title may be cited
as the Combat Methamphetamine Epidemic Act of 2005
.
Domestic regulation of precursor chemicals
Scheduled listed chemical products; restrictions on sales quantity, behind-the-counter access, and other safeguards
Scheduled listed chemical products
In general
Section 102 of the Controlled Substances Act (21 U.S.C. 802) is amended—
by redesignating paragraph (46) as paragraph (49); and
by inserting after paragraph (44) the following paragraphs:
The term
scheduled listed chemical product
means, subject to subparagraph
(B), a product that—
contains ephedrine, pseudoephedrine, or phenylpropanolamine; and
may be marketed or distributed lawfully in the United States under the Federal, Food, Drug, and Cosmetic Act as a nonprescription drug.
Such term does not include a product described in subparagraph (A) if the product contains a chemical specified in such subparagraph that the Attorney General has under section 201(a) added to any of the schedules under section 202(c). In the absence of such scheduling by the Attorney General, a chemical specified in such subparagraph may not be considered to be a controlled substance.
The term regulated
seller
means a retail distributor (including a pharmacy or a mobile
retail vendor), except that such term does not include an employee or agent of
such distributor.
The term mobile retail
vendor
means a person or entity that makes sales at retail from a stand
that is intended to be temporary, or is capable of being moved from one
location to another, whether the stand is located within or on the premises of
a fixed facility (such as a kiosk at a shopping center or an airport) or
whether the stand is located on unimproved real estate (such as a lot or field
leased for retail purposes).
The term at retail
, with
respect to the sale or purchase of a scheduled listed chemical product, means a
sale or purchase for personal use,
respectively.
.
Conforming amendments
The Controlled Substances Act (21 U.S.C. 801 et seq.) is amended—
in section 102, in paragraph (49) (as redesignated by paragraph (1)(A) of this subsection)—
in subparagraph
(A), by striking pseudoephedrine or
and inserting
ephedrine, pseudoephedrine, or
; and
by striking subparagraph (B) and redesignating subparagraph (C) as subparagraph (B); and
in section
310(b)(3)(D)(ii), by striking 102(46)
and inserting
102(49)
.
Restrictions on sales quantity; behind-the-counter access; logbook requirement; training of sales personnel; privacy protections
In general
Section 310 of the Controlled Substances Act (21 U.S.C. 830) is amended by adding at the end the following subsections:
Scheduled listed chemicals; restrictions on sales quantity; requirements regarding nonliquid forms
With respect to ephedrine base, pseudoephedrine base, or phenylpropanolamine base in a scheduled listed chemical product—
the quantity of such base sold at retail in such a product by a regulated seller, or a distributor required to submit reports by subsection (b)(3) may not, for any purchaser, exceed a daily amount of 3.6 grams, without regard to the number of transactions; and
such a seller or distributor may not sell such a product in nonliquid form (including gel caps) at retail unless the product is packaged in blister packs, each blister containing not more than 2 dosage units, or where the use of blister packs is technically infeasible, the product is packaged in unit dose packets or pouches.
Scheduled listed chemicals; behind-the-counter access; logbook requirement; training of sales personnel; privacy protections
Requirements regarding retail transactions
In general
Each regulated seller shall ensure that, subject to subparagraph (F), sales by such seller of a scheduled listed chemical product at retail are made in accordance with the following:
In
offering the product for sale, the seller places the product such that
customers do not have direct access to the product before the sale is made (in
this paragraph referred to as behind-the-counter
placement). For
purposes of this paragraph, a behind-the-counter placement of a product
includes circumstances in which the product is stored in a locked cabinet that
is located in an area of the facility involved to which customers do have
direct access.
The seller delivers the product directly into the custody of the purchaser.
The seller maintains, in accordance with
criteria issued by the Attorney General, a written or electronic list of such
sales that identifies the products by name, the quantity sold, the names and
addresses of purchasers, and the dates and times of the sales (which list is
referred to in this subsection as the logbook
), except that such
requirement does not apply to any purchase by an individual of a single sales
package if that package contains not more than 60 milligrams of
pseudoephedrine.
In the case of a sale to which the requirement of clause (iii) applies, the seller does not sell such a product unless—
the prospective purchaser—
presents an identification card that provides a photograph and is issued by a State or the Federal Government, or a document that, with respect to identification, is considered acceptable for purposes of sections 274a.2(b)(1)(v)(A) and 274a.2(b)(1)(v)(B) of title 8, Code of Federal Regulations (as in effect on or after the date of the enactment of the Combat Methamphetamine Epidemic Act of 2005); and
signs the logbook and enters in the logbook his or her name, address, and the date and time of the sale; and
the seller—
determines that the name entered in the logbook corresponds to the name provided on such identification and that the date and time entered are correct; and
enters in the logbook the name of the product and the quantity sold.
The logbook includes, in accordance with criteria of the Attorney General, a notice to purchasers that entering false statements or misrepresentations in the logbook may subject the purchasers to criminal penalties under section 1001 of title 18, United States Code, which notice specifies the maximum fine and term of imprisonment under such section.
The seller maintains each entry in the logbook for not fewer than two years after the date on which the entry is made.
In the case of individuals who are responsible for delivering such products into the custody of purchasers or who deal directly with purchasers by obtaining payments for the products, the seller has submitted to the Attorney General a self-certification that all such individuals have, in accordance with criteria under subparagraph (B)(ii), undergone training provided by the seller to ensure that the individuals understand the requirements that apply under this subsection and subsection (d).
The seller maintains a copy of such certification and records demonstrating that individuals referred to in clause (vii) have undergone the training.
If the seller is a mobile retail vendor:
The seller complies with clause (i) by placing the product in a locked cabinet.
The seller does not sell more than 7.5 grams of ephedrine base, pseudoephedrine base, or phenylpropanolamine base in such products per customer during a 30-day period.
Additional provisions regarding certifications and training
In general
A regulated seller may not sell any scheduled listed chemical product at retail unless the seller has submitted to the Attorney General the self-certification referred to in subparagraph (A)(vii). The certification is not effective for purposes of the preceding sentence unless, in addition to provisions regarding the training of individuals referred to in such subparagraph, the certification includes a statement that the seller understands each of the requirements that apply under this paragraph and under subsection (d) and agrees to comply with the requirements.
Issuance of criteria; self-certification
The Attorney General shall by regulation establish criteria for certifications under this paragraph. The criteria shall—
provide that the certifications are self-certifications provided through the program under clause (iii);
provide that a separate certification is required for each place of business at which a regulated seller sells scheduled listed chemical products at retail; and
include criteria for training under subparagraph (A)(vii).
Program for regulated sellers
The Attorney General shall establish a program regarding such certifications and training in accordance with the following:
The program shall be carried out through an Internet site of the Department of Justice and such other means as the Attorney General determines to be appropriate.
The program shall inform regulated sellers that section 1001 of title 18, United States Code, applies to such certifications.
The program shall make available to such sellers an explanation of the criteria under clause (ii).
The program shall be designed to permit the submission of the certifications through such Internet site.
The program shall be designed to automatically provide the explanation referred to in subclause (III), and an acknowledgement that the Department has received a certification, without requiring direct interactions of regulated sellers with staff of the Department (other than the provision of technical assistance, as appropriate).
Availability of certification to state and local officials
Promptly after receiving a certification under subparagraph (A)(vii), the Attorney General shall make available a copy of the certification to the appropriate State and local officials.
Privacy protections
In order to protect the privacy of individuals who purchase scheduled listed chemical products, the Attorney General shall by regulation establish restrictions on disclosure of information in logbooks under subparagraph (A)(iii). Such regulations shall—
provide for the disclosure of the information as appropriate to the Attorney General and to State and local law enforcement agencies; and
prohibit accessing, using, or sharing information in the logbooks for any purpose other than to ensure compliance with this title or to facilitate a product recall to protect public health and safety.
False statements or misrepresentations by purchasers
For purposes of section 1001 of title 18, United States Code, entering information in the logbook under subparagraph (A)(iii) shall be considered a matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States.
Good faith protection
A regulated seller who in good faith releases information in a logbook under subparagraph (A)(iii) to Federal, State, or local law enforcement authorities is immune from civil liability for such release unless the release constitutes gross negligence or intentional, wanton, or willful misconduct.
Inapplicability of requirements to certain sales
Subparagraph (A) does not apply to the sale at retail of a scheduled listed chemical product if a report on the sales transaction is required to be submitted to the Attorney General under subsection (b)(3).
Certain measures regarding theft and diversion
A regulated seller may take reasonable measures to guard against employing individuals who may present a risk with respect to the theft and diversion of scheduled listed chemical products, which may include, notwithstanding State law, asking applicants for employment whether they have been convicted of any crime involving or related to such products or controlled substances.
.
Effective dates
With respect to subsections (d) and (e)(1) of section 310 of the Controlled Substances Act, as added by paragraph (1) of this subsection:
Such subsection (d) applies on and after the expiration of the 30-day period beginning on the date of the enactment of this Act.
Such subsection (e)(1) applies on and after September 30, 2006.
Mail-order reporting
In general
Section 310(e) of the Controlled Substances Act, as added by subsection (b)(1) of this section, is amended by adding at the end the following:
Mail-order reporting; verification of identity of purchaser; 30-day restriction on quantities for individual purchasers
Each regulated person who makes a sale at retail of a scheduled listed chemical product and is required under subsection (b)(3) to submit a report of the sales transaction to the Attorney General is subject to the following:
The person shall, prior to shipping the product, confirm the identity of the purchaser in accordance with procedures established by the Attorney General. The Attorney General shall by regulation establish such procedures.
The person may not sell more than 7.5 grams of ephedrine base, pseudoephedrine base, or phenylpropanolamine base in such products per customer during a 30-day period.
.
Inapplicability of reporting exemption for retail distributors
Section 310(b)(3)(D)(ii) of the Controlled
Substances Act (21 U.S.C. 830(b)(3)(D)(ii)) is amended by inserting before the
period the following: , except that this clause does not apply to sales
of scheduled listed chemical products at retail
.
Effective date
The amendments made by paragraphs (1) and (2) apply on and after the expiration of the 30-day period beginning on the date of the enactment of this Act.
Exemptions for certain products
Section 310(e) of the Controlled Substances Act, as added and amended by subsections (b) and (c) of this section, respectively, is amended by adding at the end the following paragraph:
Exemptions for certain products
Upon the application of a manufacturer of a scheduled listed chemical product, the Attorney General may by regulation provide that the product is exempt from the provisions of subsection (d) and paragraphs (1) and (2) of this subsection if the Attorney General determines that the product cannot be used in the illicit manufacture of methamphetamine.
.
Restrictions on quantity purchased during 30-day period
In general
Section 404(a) of the Controlled Substances Act (21
U.S.C. 844(a)) is amended by inserting after the second sentence the following:
It shall be unlawful for any person to knowingly or intentionally
purchase at retail during a 30 day period more than 9 grams of ephedrine base,
pseudoephedrine base, or phenylpropanolamine base in a scheduled listed
chemical product, except that, of such 9 grams, not more than 7.5 grams may be
imported by means of shipping through any private or commercial carrier or the
Postal Service.
.
Effective date
The amendment made by paragraph (1) applies on and after the expiration of the 30-day period beginning on the date of the enactment .
Enforcement of requirements for retail sales
Civil and criminal penalties
In general
Section 402(a) of the Controlled Substances Act (21 U.S.C. 842(a)) is amended—
in paragraph (10),
by striking or
after the semicolon;
in paragraph (11), by striking the period at the end and inserting a semicolon; and
by inserting after paragraph (11) the following paragraphs:
who is a regulated seller, or a distributor required to submit reports under subsection (b)(3) of section 310—
to sell at retail a scheduled listed chemical product in violation of paragraph (1) of subsection (d) of such section, knowing at the time of the transaction involved (independent of consulting the logbook under subsection (e)(1)(A)(iii) of such section) that the transaction is a violation; or
to knowingly or recklessly sell at retail such a product in violation of paragraph (2) of such subsection (d);
who is a regulated seller to knowingly or recklessly sell at retail a scheduled listed chemical product in violation of subsection (e) of such section; or
who is a regulated seller or an employee or agent of such seller to disclose, in violation of regulations under subparagraph (C) of section 310(e)(1), information in logbooks under subparagraph (A)(iii) of such section, or to refuse to provide such a logbook to Federal, State, or local law enforcement authorities.
.
Conforming amendment
Section 401(f)(1)
of the Controlled Substances Act (21 U.S.C. 841(f)(1)) is amended by inserting
after shall
the following: , except to the extent that
paragraph (12), (13), or (14) of section 402(a) applies,
.
Authority to prohibit sales by violators
Section 402(c) of the Controlled Substances Act (21 U.S.C. 842(c)) is amended by adding at the end the following paragraph:
If a regulated seller, or a distributor required to submit reports under section 310(b)(3), violates paragraph (12) of subsection (a) of this section, or if a regulated seller violates paragraph (13) of such subsection, the Attorney General may by order prohibit such seller or distributor (as the case may be) from selling any scheduled listed chemical product. Any sale of such a product in violation of such an order is subject to the same penalties as apply under paragraph (2).
An order under subparagraph (A) may be imposed only through the same procedures as apply under section 304(c) for an order to show cause.
.
Preservation of state authority to regulate scheduled listed chemicals
This section and the amendments made by this section may not be construed as having any legal effect on section 708 of the Controlled Substances Act as applied to the regulation of scheduled listed chemicals (as defined in section 102(45) of such Act).
Regulated transactions
Conforming amendments regarding scheduled listed chemicals
The Controlled Substances Act (21 U.S.C. 801 et seq.) is amended—
in section 102—
in paragraph (39)(A)—
by amending clause (iv) to read as follows:
any transaction in a listed chemical that is contained in a drug that may be marketed or distributed lawfully in the United States under the Federal Food, Drug, and Cosmetic Act, subject to clause (v), unless—
the Attorney General has determined under section 204 that the drug or group of drugs is being diverted to obtain the listed chemical for use in the illicit production of a controlled substance; and
the quantity of the listed chemical contained in the drug included in the transaction or multiple transactions equals or exceeds the threshold established for that chemical by the Attorney General;
;
by redesignating clause (v) as clause (vi); and
by inserting after clause (iv) the following clause:
any transaction in a scheduled listed chemical product that is a sale at retail by a regulated seller or a distributor required to submit reports under section 310(b)(3); or
; and
by striking the paragraph (45) that relates
to the term ordinary over-the-counter pseudoephedrine or
phenylpropanolamine product
;
in section 204, by striking subsection (e); and
in section 303(h),
in the second sentence, by striking section 102(39)(A)(iv)
and
inserting clause (iv) or (v) of section 102(39)(A)
.
Public Law 104–237
Section 401 of the Comprehensive Methamphetamine Control Act of 1996 (21 U.S.C. 802 note) (Public Law 104–237) is amended by striking subsections (d), (e), and (f).
Authority to establish production quotas
Section 306 of the Controlled Substances Act (21 U.S.C. 826) is amended—
in subsection (a),
by inserting and for ephedrine, pseudoephedrine, and
phenylpropanolamine
after for each basic class of controlled
substance in schedules I and II
;
in subsection (b), by inserting or
for ephedrine, pseudoephedrine, or phenylpropanolamine
after for
each basic class of controlled substance in schedule I or II
;
in subsection (c), in the first sentence,
by inserting and for ephedrine, pseudoephedrine, and
phenylpropanolamine
after for the basic classes of controlled
substances in schedules I and II
;
in subsection (d),
by inserting or ephedrine, pseudoephedrine, or
phenylpropanolamine
after that basic class of controlled
substance
;
in subsection (e),
by inserting or for ephedrine, pseudoephedrine, or
phenylpropanolamine
after for a basic class of controlled
substance in schedule I or II
;
in subsection (f)—
by inserting
or ephedrine, pseudoephedrine, or phenylpropanolamine
after
controlled substances in schedules I and II
;
by inserting
or of ephedrine, pseudoephedrine, or phenylpropanolamine
after
the manufacture of a controlled substance
; and
by inserting
or chemicals
after such incidentally produced
substances
; and
by adding at the end the following subsection:
Each reference in this section to ephedrine, pseudoephedrine, or phenylpropanolamine includes each of the salts, optical isomers, and salts of optical isomers of such chemical.
.
Penalties; authority for manufacturing; quota
Section 402(b) of the
Controlled Substances Act (21 U.S.C.
842(b)) is amended by inserting after manufacture a controlled substance
in schedule I or II
the following: , or ephedrine,
pseudoephedrine, or phenylpropanolamine or any of the salts, optical isomers,
or salts of optical isomers of such chemical,
Restrictions on importation; authority to permit imports for medical, scientific, or other legitimate purposes
Section 1002 of the Controlled Substances Import and Export Act (21 U.S.C. 952) is amended—
in subsection (a)—
in the matter
preceding paragraph (1), by inserting or ephedrine, pseudoephedrine, or
phenylpropanolamine,
after schedule III, IV, or V of title
II,
; and
in paragraph (1), by inserting , and
of ephedrine, pseudoephedrine, and phenylpropanolamine,
after
coca leaves
; and
by adding at the end the following subsections:
With respect to a registrant under section 1008 who is authorized under subsection (a)(1) to import ephedrine, pseudoephedrine, or phenylpropanolamine, at any time during the year the registrant may apply for an increase in the amount of such chemical that the registrant is authorized to import, and the Attorney General may approve the application if the Attorney General determines that the approval is necessary to provide for medical, scientific, or other legitimate purposes regarding the chemical.
With respect to the application under paragraph (1):
Not later than 60 days after receiving the application, the Attorney General shall approve or deny the application.
In approving the application, the Attorney General shall specify the period of time for which the approval is in effect, or shall provide that the approval is effective until the registrant involved is notified in writing by the Attorney General that the approval is terminated.
If the Attorney General does not approve or deny the application before the expiration of the 60-day period under subparagraph (A), the application is deemed to be approved, and such approval remains in effect until the Attorney General notifies the registrant in writing that the approval is terminated.
Each reference in this section to ephedrine, pseudoephedrine, or phenylpropanolamine includes each of the salts, optical isomers, and salts of optical isomers of such chemical.
.
Notice of importation or exportation; approval of sale or transfer by importer or exporter
In general
Section 1018 of the Controlled Substances Import and Export Act (21 U.S.C. 971) is amended—
in subsection
(b)(1), in the first sentence, by striking or to an importation by a
regular importer
and inserting or to a transaction that is an
importation by a regular importer
;
by redesignating subsections (d) and (e) as subsections (e) and (f), respectively;
by inserting after subsection (c) the following subsection:
Information provided in a notice under subsection (a) or (b) shall include the name of the person to whom the importer or exporter involved intends to transfer the listed chemical involved, and the quantity of such chemical to be transferred.
In the case of a notice under subsection (b) submitted by a regular importer, if the transferee identified in the notice is not a regular customer, such importer may not transfer the listed chemical until after the expiration of the 15-day period beginning on the date on which the notice is submitted to the Attorney General.
After a notice under subsection (a) or (b) is submitted to the Attorney General, if circumstances change and the importer or exporter will not be transferring the listed chemical to the transferee identified in the notice, or will be transferring a greater quantity of the chemical than specified in the notice, the importer or exporter shall update the notice to identify the most recent prospective transferee or the most recent quantity or both (as the case may be) and may not transfer the listed chemical until after the expiration of the 15-day period beginning on the date on which the update is submitted to the Attorney General, except that such 15-day restriction does not apply if the prospective transferee identified in the update is a regular customer. The preceding sentence applies with respect to changing circumstances regarding a transferee or quantity identified in an update to the same extent and in the same manner as such sentence applies with respect to changing circumstances regarding a transferee or quantity identified in the original notice under subsection (a) or (b).
In the case of a transfer of a listed chemical that is subject to a 15-day restriction under subparagraph (B) or (C), the transferee involved shall, upon the expiration of the 15-day period, be considered to qualify as a regular customer, unless the Attorney General otherwise notifies the importer or exporter involved in writing.
With respect to a transfer of a listed chemical with which a notice or update referred to in paragraph (1) is concerned:
The Attorney General, in accordance with the same procedures as apply under subsection (c)(2)—
may order the suspension of the transfer of the listed chemical by the importer or exporter involved, except for a transfer to a regular customer, on the ground that the chemical may be diverted to the clandestine manufacture of a controlled substance (without regard to the form of the chemical that may be diverted, including the diversion of a finished drug product to be manufactured from bulk chemicals to be transferred), subject to the Attorney General ordering such suspension before the expiration of the 15-day period referred to in paragraph (1) with respect to the importation or exportation (in any case in which such a period applies); and
may, for purposes of clause (i) and paragraph (1), disqualify a regular customer on such ground.
From and after the time when the Attorney General provides written notice of the order under subparagraph (A) (including a statement of the legal and factual basis for the order) to the importer or exporter, the importer or exporter may not carry out the transfer.
For purposes of this subsection:
The terms importer
and
exporter
mean a regulated person who imports or exports a listed
chemical, respectively.
The term transfer
, with
respect to a listed chemical, includes the sale of the chemical.
The term transferee
means a person to whom an importer or exporter transfers a listed
chemical.
; and
by adding at the end the following subsection:
Within 30 days after a transaction covered by this section is completed, the importer or exporter shall send the Attorney General a return declaration containing particulars of the transaction, including the date, quantity, chemical, container, name of transferees, and such other information as the Attorney General may specify in regulations. For importers, a single return declaration may include the particulars of both the importation and distribution. If the importer has not distributed all chemicals imported by the end of the initial 30-day period, the importer shall file supplemental return declarations no later than 30 days from the date of any further distribution, until the distribution or other disposition of all chemicals imported pursuant to the import notification or any update are accounted for.
.
Conforming amendments
Controlled substances import and export act
The Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.) is amended—
in section 1010(d)(5), by striking
section 1018(e)(2) or (3)
and inserting paragraph (2) or
(3) of section 1018(f)
; and
in section
1018(c)(1), in the first sentence, by inserting before the period the
following: (without regard to the form of the chemical that may be
diverted, including the diversion of a finished drug product to be manufactured
from bulk chemicals to be transferred)
.
Controlled substances act
Section
310(b)(3)(D)(v) of the Controlled Substances
Act (21 U.S.C. 830(b)(3)(D)(v)) is amended by striking
section 1018(e)(2)
and inserting section
1018(f)(2)
.
Enforcement of restrictions on importation and of requirement of notice of transfer
Section 1010(d)(6) of the Controlled Substances Import and Export Act (21 U.S.C. 960(d)(6)) is amended to read as follows:
imports a listed chemical in violation of section 1002, imports or exports such a chemical in violation of section 1007 or 1018, or transfers such a chemical in violation of section 1018(d); or
.
Coordination with United States Trade Representative
In implementing sections 713 through 717 and section 721 of this title, the Attorney General shall consult with the United States Trade Representative to ensure implementation complies with all applicable international treaties and obligations of the United States.
International regulation of precursor chemicals
Information on foreign chain of distribution; import restrictions regarding failure of distributors to cooperate
Section 1018 of the Controlled Substances Import and Export Act (21 U.S.C. 971), as amended by section 716(a)(4) of this title, is further amended by adding at the end the following subsection:
With respect to a
regulated person importing ephedrine, pseudoephedrine, or phenylpropanolamine
(referred to in this section as an importer
), a notice of
importation under subsection (a) or (b) shall include all information known to
the importer on the chain of distribution of such chemical from the
manufacturer to the importer.
For the purpose of preventing or
responding to the diversion of ephedrine, pseudoephedrine, or
phenylpropanolamine for use in the illicit production of methamphetamine, the
Attorney General may, in the case of any person who is a manufacturer or
distributor of such chemical in the chain of distribution referred to in
paragraph (1) (which person is referred to in this subsection as a
foreign-chain distributor
), request that such distributor
provide to the Attorney General information known to the distributor on the
distribution of the chemical, including sales.
If the Attorney General determines that a foreign-chain distributor is refusing to cooperate with the Attorney General in obtaining the information referred to in paragraph (2), the Attorney General may, in accordance with procedures that apply under subsection (c), issue an order prohibiting the importation of ephedrine, pseudoephedrine, or phenylpropanolamine in any case in which such distributor is part of the chain of distribution for such chemical. Not later than 60 days prior to issuing the order, the Attorney General shall publish in the Federal Register a notice of intent to issue the order. During such 60-day period, imports of the chemical with respect to such distributor may not be restricted under this paragraph.
.
Requirements relating to the largest exporting and importing countries of certain precursor chemicals
Reporting requirements
Section 489(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291h(a)) is amended by adding at the end the following new paragraph:
A separate section that contains the following:
An identification of the five countries that exported the largest amount of pseudoephedrine, ephedrine, and phenylpropanolamine (including the salts, optical isomers, or salts of optical isomers of such chemicals, and also including any products or substances containing such chemicals) during the preceding calendar year.
An identification of the five countries that imported the largest amount of the chemicals described in clause (i) during the preceding calendar year and have the highest rate of diversion of such chemicals for use in the illicit production of methamphetamine (either in that country or in another country).
An economic analysis of the total worldwide production of the chemicals described in clause (i) as compared to the legitimate demand for such chemicals worldwide.
The identification of countries that imported the largest amount of chemicals under subparagraph (A)(ii) shall be based on the following:
An economic analysis that estimates the legitimate demand for such chemicals in such countries as compared to the actual or estimated amount of such chemicals that is imported into such countries.
The best available data and other information regarding the production of methamphetamine in such countries and the diversion of such chemicals for use in the production of methamphetamine.
.
Annual certification procedures
Section 490(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291j(a)) is amended—
in paragraph (1),
by striking major illicit drug producing country or major drug-transit
country
and inserting major illicit drug producing country,
major drug-transit country, or country identified pursuant to clause (i) or
(ii) of section 489(a)(8)(A) of this Act
; and
in paragraph (2),
by inserting after (as determined under subsection (h))
the
following: or country identified pursuant to clause (i) or (ii) of
section 489(a)(8)(A) of this Act
.
Conforming amendment
Section 706 of the Foreign Relations Authorization Act, Fiscal Year 2003 (22 U.S.C. 2291j–1) is amended in paragraph (5) by adding at the end the following:
Nothing in this section shall affect the requirements of section 490 of the Foreign Assistance Act of 1961 (22 U.S.C. 2291j) with respect to countries identified pursuant to section clause (i) or (ii) of 489(a)(8)(A) of the Foreign Assistance Act of 1961.
.
Plan to address diversion of precursor chemicals
In the case of each country identified pursuant to clause (i) or (ii) of section 489(a)(8)(A) of the Foreign Assistance Act of 1961 (as added by subsection (a)) with respect to which the President has not transmitted to Congress a certification under section 490(b) of such Act (22 U.S.C. 2291j(b)), the Secretary of State, in consultation with the Attorney General, shall, not later than 180 days after the date on which the President transmits the report required by section 489(a) of such Act (22 U.S.C. 2291h(a)), submit to Congress a comprehensive plan to address the diversion of the chemicals described in section 489(a)(8)(A)(i) of such Act to the illicit production of methamphetamine in such country or in another country, including the establishment, expansion, and enhancement of regulatory, law enforcement, and other investigative efforts to prevent such diversion.
Authorization of Appropriations
There are authorized to be appropriated to the Secretary of State to carry out this section $1,000,000 for each of the fiscal years 2006 and 2007.
Prevention of smuggling of methamphetamine into the United States from Mexico
In general
The Secretary of State, acting through the Assistant Secretary of the Bureau for International Narcotics and Law Enforcement Affairs, shall take such actions as are necessary to prevent the smuggling of methamphetamine into the United States from Mexico.
Specific Actions
In carrying out subsection (a), the Secretary shall—
improve bilateral efforts at the United States-Mexico border to prevent the smuggling of methamphetamine into the United States from Mexico;
seek to work with Mexican law enforcement authorities to improve the ability of such authorities to combat the production and trafficking of methamphetamine, including by providing equipment and technical assistance, as appropriate; and
encourage the Government of Mexico to take immediate action to reduce the diversion of pseudoephedrine by drug trafficking organizations for the production and trafficking of methamphetamine.
Report
Not later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary shall submit to the appropriate congressional committees a report on the implementation of this section for the prior year.
Authorization of appropriations
There are authorized to be appropriated to the Secretary to carry out this section $4,000,000 for each of the fiscal years 2006 and 2007.
Enhanced criminal penalties for methamphetamine production and trafficking
Smuggling methamphetamine or methamphetamine precursor chemicals into the United States while using facilitated entry programs
Enhanced prison sentence
The sentence of imprisonment imposed on a person convicted of an offense under the Controlled Substances Act (21 U.S.C. 801 et seq.) or the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.), involving methamphetamine or any listed chemical that is defined in section 102(33) of the Controlled Substances Act (21 U.S.C. 802(33), shall, if the offense is committed under the circumstance described in subsection (b), be increased by a consecutive term of imprisonment of not more than 15 years.
Circumstances
For purposes of subsection (a), the circumstance described in this subsection is that the offense described in subsection (a) was committed by a person who—
was enrolled in, or who was acting on behalf of any person or entity enrolled in, any dedicated commuter lane, alternative or accelerated inspection system, or other facilitated entry program administered or approved by the Federal Government for use in entering the United States; and
committed the offense while entering the United States, using such lane, system, or program.
Permanent ineligibility
Any person whose term of imprisonment is increased under subsection (a) shall be permanently and irrevocably barred from being eligible for or using any lane, system, or program described in subsection (b)(1).
Manufacturing controlled substances on Federal property
Subsection (b) of section 401 of the
Controlled Substances Act (21 U.S.C. 841(b)) is amended in paragraph (5) by
inserting or manufacturing
after
cultivating
.
Increased punishment for methamphetamine kingpins
Section 408 of the Controlled Substances Act (21 U.S.C. 848) is amended by adding at the end the following:
Special provision for methamphetamine
For the purposes of subsection (b), in the
case of continuing criminal enterprise involving methamphetamine or its salts,
isomers, or salts of isomers, paragraph (2)(A) shall be applied by substituting
200
for 300
, and paragraph (2)(B) shall be
applied by substituting $5,000,000
for $10 million
dollars
.
.
New child-protection criminal enhancement
In General
The Controlled Substances Act is amended by inserting after section 419 (21 U.S.C. 860) the following:
Consecutive sentence for manufacturing or distributing, or possessing with intent to manufacture or distribute, methamphetamine on premises where children are present or reside
Whoever violates section 401(a)(1) by manufacturing or distributing, or possessing with intent to manufacture or distribute, methamphetamine or its salts, isomers or salts of isomers on premises in which an individual who is under the age of 18 years is present or resides, shall, in addition to any other sentence imposed, be imprisoned for a period of any term of years but not more than 20 years, subject to a fine, or both.
.
Clerical amendment
The table of contents of the Comprehensive Drug Abuse Prevention and Control Act of 1970 is amended by inserting after the item relating to section 419 the following new item:
Sec. 419a. Consecutive sentence for manufacturing or distributing, or possessing with intent to manufacture or distribute, methamphetamine on premises where children are present or reside.
.
Amendments to certain sentencing court reporting requirements
Section 994(w) of title 28, United States Code, is amended—
in paragraph (1)—
by inserting
, in a format approved and required by the Commission,
after
submits to the Commission
;
in subparagraph (B)—
by
inserting written
before statement of reasons
;
and
by
inserting and which shall be stated on the written statement of reasons
form issued by the Judicial Conference and approved by the United States
Sentencing Commission
after applicable guideline range
;
and
by adding at the end the following:
The information referred to in subparagraphs (A) through (F) shall be submitted by the sentencing court in a format approved and required by the Commission.
; and
in paragraph (4),
by striking may assemble or maintain in electronic form that include
any
and inserting itself may assemble or maintain in electronic
form as a result of the
.
Semiannual reports to Congress
In general
The Attorney General shall, on a semiannual basis, submit to the congressional committees and organizations specified in subsection (b) reports that—
describe the allocation of the resources of the Drug Enforcement Administration and the Federal Bureau of Investigation for the investigation and prosecution of alleged violations of the Controlled Substances Act involving methamphetamine; and
the measures being taken to give priority in the allocation of such resources to such violations involving—
persons alleged to have imported into the United States substantial quantities of methamphetamine or scheduled listed chemicals (as defined pursuant to the amendment made by section 711(a)(1));
persons alleged to have manufactured methamphetamine; and
circumstances in which the violations have endangered children.
Congressional committees
The congressional committees and organizations referred to in subsection (a) are—
in the House of Representatives, the Committee on the Judiciary, the Committee on Energy and Commerce, and the Committee on Government Reform; and
in the Senate, the Committee on the Judiciary, the Committee on Commerce, Science, and Transportation, and the Caucus on International Narcotics Control.
Enhanced environmental regulation of methamphetamine byproducts
Biennial report to Congress on agency designations of by-products of methamphetamine laboratories as hazardous materials
Section 5103 of title 49, Unites States Code, is amended by adding at the end the following:
Biennial report
The Secretary of Transportation shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Senate Committee on Commerce, Science, and Transportation a biennial report providing information on whether the Secretary has designated as hazardous materials for purposes of chapter 51 of such title all by-products of the methamphetamine-production process that are known by the Secretary to pose an unreasonable risk to health and safety or property when transported in commerce in a particular amount and form.
.
Methamphetamine production report
Section 3001 of the Solid Waste Disposal Act (42 U.S.C. 6921) is amended at the end by adding the following:
Methamphetamine production
Not later than every 24 months, the Administrator shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Environment and Public Works of the Senate a report setting forth information collected by the Administrator from law enforcement agencies, States, and other relevant stakeholders that identifies the byproducts of the methamphetamine production process and whether the Administrator considers each of the byproducts to be a hazardous waste pursuant to this section and relevant regulations.
.
Cleanup costs
In general
Section 413(q) of the Controlled Substances Act (21 U.S.C. 853(q)) is amended—
in the matter
preceding paragraph (1), by inserting , the possession, or the
possession with intent to distribute,
after
manufacture
; and
in
paragraph (2), by inserting , or on premises or in property that the
defendant owns, resides, or does business in
after by the
defendant
.
Savings clause
Nothing in this section shall be interpreted or construed to amend, alter, or otherwise affect the obligations, liabilities and other responsibilities of any person under any Federal or State environmental laws.
Additional programs and activities
Improvements to Department of Justice drug court grant program
Section 2951 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797u) is amended by adding at the end the following new subsection:
Mandatory drug testing and mandatory sanctions
Mandatory testing
Grant amounts under this part may be used for a drug court only if the drug court has mandatory periodic testing as described in subsection (a)(3)(A). The Attorney General shall, by prescribing guidelines or regulations, specify standards for the timing and manner of complying with such requirements. The standards—
shall ensure that—
each participant is tested for every controlled substance that the participant has been known to abuse, and for any other controlled substance the Attorney General or the court may require; and
the testing is accurate and practicable; and
may require approval of the drug testing regime to ensure that adequate testing occurs.
Mandatory sanctions
The Attorney General shall, by prescribing guidelines or regulations, specify that grant amounts under this part may be used for a drug court only if the drug court imposes graduated sanctions that increase punitive measures, therapeutic measures, or both whenever a participant fails a drug test. Such sanctions and measures may include, but are not limited to, one or more of the following:
Incarceration.
Detoxification treatment.
Residential treatment.
Increased time in program.
Termination from the program.
Increased drug screening requirements.
Increased court appearances.
Increased counseling.
Increased supervision.
Electronic monitoring.
In-home restriction.
Community service.
Family counseling.
Anger management classes.
.
Drug courts funding
Section 1001(25)(A) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 2591(25)(A)) is amended by adding at the end the following:
$70,000,000 for fiscal year 2006.
.
Feasibility study on Federal drug courts
The Attorney General shall, conduct a feasibility study on the desirability of a drug court program for Federal offenders who are addicted to controlled substances. The Attorney General lower-level, non-violate report the results of that study to Congress not later than June 30, 2006.
Grants to hot spot areas to reduce availability of methamphetamine
Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended by adding at the end the following:
Confronting use of methamphetamine
Authority to make grants to address public safety and methamphetamine manufacturing, sale, and use in hot spots
Purpose and Program Authority
Purpose
It is the purpose of this part to assist States—
to carry out programs to address the manufacture, sale, and use of methamphetamine drugs; and
to improve the ability of State and local government institutions of to carry out such programs.
Grant authorization
The Attorney General, through the Bureau of Justice Assistance in the Office of Justice Programs may make grants to States to address the manufacture, sale, and use of methamphetamine to enhance public safety.
Grant projects to address methamphetamine manufacture sale and use
Grants made under subsection (a) may be used for programs, projects, and other activities to—
investigate, arrest and prosecute individuals violating laws related to the use, manufacture, or sale of methamphetamine;
reimburse the Drug Enforcement Administration for expenses related to the clean up of methamphetamine clandestine labs;
support State and local health department and environmental agency services deployed to address methamphetamine; and
procure equipment, technology, or support systems, or pay for resources, if the applicant for such a grant demonstrates to the satisfaction of the Attorney General that expenditures for such purposes would result in the reduction in the use, sale, and manufacture of methamphetamine.
Funding
There are authorized to be appropriated to carry out this part $99,000,000 for each fiscal year 2006, 2007, 2008, 2009, and 2010.
.
Grants for programs for drug-endangered children
In General
The Attorney General shall make grants to States for the purpose of carrying out programs to provide comprehensive services to aid children who are living in a home in which methamphetamine or other controlled substances are unlawfully manufactured, distributed, dispensed, or used.
Certain Requirements
The Attorney General shall ensure that the services carried out with grants under subsection (a) include the following:
Coordination among law enforcement agencies, prosecutors, child protective services, social services, health care services, and any other services determined to be appropriate by the Attorney General to provide assistance regarding the problems of children described in subsection (a).
Transition of children from toxic or drug-endangering environments to appropriate residential environments.
Authorization of appropriations
For the purpose of carrying out this section, there are authorized to be appropriated $20,000,000 for each of the fiscal years 2006 and 2007. Amounts appropriated under the preceding sentence shall remain available until expended.
Authority to award competitive grants to address methamphetamine use by pregnant and parenting women offenders
Purpose and program authority
Grant authorization
The Attorney General may award competitive grants to address the use of methamphetamine among pregnant and parenting women offenders to promote public safety, public health, family permanence and well being.
Purposes and program authority
Grants awarded under this section shall be used to facilitate or enhance and collaboration between the criminal justice, child welfare, and State substance abuse systems in order to carry out programs to address the use of methamphetamine drugs by pregnant and parenting women offenders.
Definitions
In this section, the following definitions shall apply:
Child welfare agency
The term child welfare agency
means the
State agency responsible for child and/or family services and welfare.
Criminal justice agency
The term criminal justice agency
means an
agency of the State or local government or its contracted agency that is
responsible for detection, arrest, enforcement, prosecution, defense,
adjudication, incarceration, probation, or parole relating to the violation of
the criminal laws of that State or local government.
Applications
In general
No grant may be awarded under this section unless an application has been submitted to, and approved by, the Attorney General.
Application
An application for a grant under this section shall be submitted in such form, and contain such information, as the Attorney General, may prescribe by regulation or guidelines.
Eligible entities
The Attorney General shall make grants to States, territories, and Indian Tribes. Applicants must demonstrate extensive collaboration with the State criminal justice agency and child welfare agency in the planning and implementation of the program.
Contents
In accordance with the regulations or guidelines established by the Attorney General in consultation with the Secretary of Health and Human Services, each application for a grant under this section shall contain a plan to expand the State's services for pregnant and parenting women offenders who are pregnant women and/or women with dependent children for the use of methamphetamine or methamphetamine and other drugs and include the following in the plan:
A description of how the applicant will work jointly with the State criminal justice and child welfare agencies needs associated with the use of methamphetamine or methamphetamine and other drugs by pregnant and parenting women offenders to promote family stability and permanence.
A description of the nature and the extent of the problem of methamphetamine use by pregnant and parenting women offenders.
A certification that the State has involved counties and other units of local government, when appropriate, in the development, expansion, modification, operation or improvement of proposed programs to address the use, manufacture, or sale of methamphetamine.
A certification that funds received under this section will be used to supplement, not supplant, other Federal, State, and local funds.
A description of clinically appropriate practices and procedures to—
screen and assess pregnant and parenting women offenders for addiction to methamphetamine and other drugs;
when clinically appropriate for both the women and children, provide family treatment for pregnant and parenting women offenders, with clinically appropriate services in the same location to promote family permanence and self sufficiency; and
provide for a process to enhance or ensure the abilities of the child welfare agency, criminal justice agency and State substance agency to work together to re-unite families when appropriate in the case where family treatment is not provided.
Period of grant
The grant shall be a three-year grant. Successful applicants may reapply for only one additional three-year funding cycle and the Attorney General may approve such applications.
Performance accountability; reports and evaluations
Reports
Successful applicants shall submit to the Attorney General a report on the activities carried out under the grant at the end of each fiscal year.
Evaluations
Not later than 12 months at the end of the 3 year funding cycle under this section, the Attorney General shall submit a report to the appropriate committees of jurisdiction that summarizes the results of the evaluations conducted by recipients and recommendations for further legislative action.
Reducing Crime and Terrorism at America’s Seaports
Short title
This title may be cited
as the Reducing Crime and Terrorism at
America’s Seaports Act of 2005
.
Entry by false pretenses to any seaport
In general
Section 1036 of title 18, United States Code, is amended—
in subsection (a)—
in paragraph (2),
by striking or
at the end;
by redesignating paragraph (3) as paragraph (4); and
by inserting after paragraph (2) the following:
any secure or restricted area of any seaport, designated as secure in an approved security plan, as required under section 70103 of title 46, United States Code, and the rules and regulations promulgated under that section; or
;
in subsection
(b)(1), by striking 5 years
and inserting 10
years
;
in subsection
(c)(1), by inserting , captain of the seaport,
after
airport authority
; and
by striking the section heading and inserting the following:
Entry by false pretenses to any real property, vessel, or aircraft of the United States or secure area of any airport or seaport
.
Technical and conforming amendment
The table of sections for chapter 47 of title 18 is amended by striking the matter relating to section 1036 and inserting the following:
1036. Entry by false pretenses to any real property, vessel, or aircraft of the United States or secure area of any airport or seaport.
.
Definition of seaport
Chapter 1 of title 18, United States Code, is amended by adding at the end the following:
Definition of seaport
As used in this title,
the term seaport
means all piers, wharves, docks, and similar
structures, adjacent to any waters subject to the jurisdiction of the United
States, to which a vessel may be secured, including areas of land, water, or
land and water under and in immediate proximity to such structures, buildings
on or contiguous to such structures, and the equipment and materials on such
structures or in such
buildings.
.
Technical and conforming amendment
The table of sections for chapter 1 of title 18 is amended by inserting after the matter relating to section 25 the following:
26. Definition of seaport.
.
Criminal sanctions for failure to heave to, obstruction of boarding, or providing false information
Offense
Chapter 109 of title 18, United States Code, is amended by adding at the end the following:
Criminal sanctions for failure to heave to, obstruction of boarding, or providing false information
It shall be unlawful for the master, operator, or person in charge of a vessel of the United States, or a vessel subject to the jurisdiction of the United States, to knowingly fail to obey an order by an authorized Federal law enforcement officer to heave to that vessel.
It shall be unlawful for any person on board a vessel of the United States, or a vessel subject to the jurisdiction of the United States, to—
forcibly resist, oppose, prevent, impede, intimidate, or interfere with a boarding or other law enforcement action authorized by any Federal law or to resist a lawful arrest; or
provide materially false information to a Federal law enforcement officer during a boarding of a vessel regarding the vessel’s destination, origin, ownership, registration, nationality, cargo, or crew.
Any person who intentionally violates this section shall be fined under this title or imprisoned for not more than 5 years, or both.
This section does not limit the authority of a customs officer under section 581 of the Tariff Act of 1930 (19 U.S.C. 1581), or any other provision of law enforced or administered by the Secretary of the Treasury or the Secretary of Homeland Security, or the authority of any Federal law enforcement officer under any law of the United States, to order a vessel to stop or heave to.
A foreign nation may consent or waive objection to the enforcement of United States law by the United States under this section by radio, telephone, or similar oral or electronic means. Consent or waiver may be proven by certification of the Secretary of State or the designee of the Secretary of State.
In this section—
the term Federal law enforcement officer has the meaning given the term in section 115(c);
the term heave to means to cause a vessel to slow, come to a stop, or adjust its course or speed to account for the weather conditions and sea state to facilitate a law enforcement boarding;
the term vessel subject to the jurisdiction of the United States has the meaning given the term in section 2 of the Maritime Drug Law Enforcement Act (46 U.S.C. App. 1903); and
the term vessel of the United States has the meaning given the term in section 2 of the Maritime Drug Law Enforcement Act (46 U.S.C. App. 1903).
.
Conforming amendment
The table of sections for chapter 109, title 18, United States Code, is amended by inserting after the item for section 2236 the following:
2237. Criminal sanctions for failure to heave to, obstruction of boarding, or providing false information.
.
Criminal sanctions for violence against maritime navigation, placement of destructive devices
Placement of destructive devices
Chapter 111 of title 18, United States Code, as amended by subsection (a), is further amended by adding at the end the following:
Devices or dangerous substances in waters of the United States likely to destroy or damage ships or to interfere with maritime commerce
A person who knowingly places, or causes to be placed, in navigable waters of the United States, by any means, a device or dangerous substance which is likely to destroy or cause damage to a vessel or its cargo, cause interference with the safe navigation of vessels, or interference with maritime commerce (such as by damaging or destroying marine terminals, facilities, or any other marine structure or entity used in maritime commerce) with the intent of causing such destruction or damage, interference with the safe navigation of vessels, or interference with maritime commerce shall be fined under this title or imprisoned for any term of years, or for life; or both.
A person who causes the death of any person by engaging in conduct prohibited under subsection (a) may be punished by death.
Nothing in this section shall be construed to apply to otherwise lawfully authorized and conducted activities of the United States Government.
In this section:
The term dangerous substance means any solid, liquid, or gaseous material that has the capacity to cause damage to a vessel or its cargo, or cause interference with the safe navigation of a vessel.
The term device means any object that, because of its physical, mechanical, structural, or chemical properties, has the capacity to cause damage to a vessel or its cargo, or cause interference with the safe navigation of a vessel.
.
Conforming amendment
The table of sections for chapter 111 of title 18, United States Code, as amended by subsection (b), is further amended by adding after the item related to section 2282 the following:
2282A. Devices or dangerous substances in waters of the United States likely to destroy or damage ships or to interfere with maritime commerce.
.
Violence against maritime navigation
In general
Chapter 111 of title 18, United States Code as amended by subsections (a) and (c), is further amended by adding at the end the following:
Violence against aids to maritime navigation
Whoever intentionally destroys, seriously damages, alters, moves, or tampers with any aid to maritime navigation maintained by the Saint Lawrence Seaway Development Corporation under the authority of section 4 of the Act of May 13, 1954 (33 U.S.C. 984), by the Coast Guard pursuant to section 81 of title 14, United States Code, or lawfully maintained under authority granted by the Coast Guard pursuant to section 83 of title 14, United States Code, if such act endangers or is likely to endanger the safe navigation of a ship, shall be fined under this title or imprisoned for not more than 20 years, or both.
.
Conforming amendment
The table of sections for chapter 111 of title 18, United States Code, as amended by subsections (b) and (d) is further amended by adding after the item related to section 2282A the following:
2282B. Violence against aids to maritime navigation.
.
Transportation of dangerous materials and terrorists
Transportation of dangerous materials and terrorists
Chapter 111 of title 18, as amended by section 305, is further amended by adding at the end the following:
Transportation of explosive, biological, chemical, or radioactive or nuclear materials
In general
Whoever knowingly transports aboard any vessel within the United States and on waters subject to the jurisdiction of the United States or any vessel outside the United States and on the high seas or having United States nationality an explosive or incendiary device, biological agent, chemical weapon, or radioactive or nuclear material, knowing that any such item is intended to be used to commit an offense listed under section 2332b(g)(5)(B), shall be fined under this title or imprisoned for any term of years or for life, or both.
Causing death
Any person who causes the death of a person by engaging in conduct prohibited by subsection (a) may be punished by death.
Definitions
In this section:
Biological agent
The term biological agent means any biological agent, toxin, or vector (as those terms are defined in section 178).
By-product material
The term by-product material has the meaning given that term in section 11(e) of the Atomic Energy Act of 1954 (42 U.S.C. 2014(e)).
Chemical weapon
The term chemical weapon has the meaning given that term in section 229F(1).
Explosive or incendiary device
The term explosive or incendiary device has the meaning given the term in section 232(5) and includes explosive materials, as that term is defined in section 841(c) and explosive as defined in section 844(j).
Nuclear material
The term nuclear material has the meaning given that term in section 831(f)(1).
Radioactive material
The term radioactive material means—
source material and special nuclear material, but does not include natural or depleted uranium;
nuclear by-product material;
material made radioactive by bombardment in an accelerator; or
all refined isotopes of radium.
Source material
The term source material has the meaning given that term in section 11(z) of the Atomic Energy Act of 1954 (42 U.S.C. 2014(z)).
Special nuclear material
The term special nuclear material has the meaning given that term in section 11(aa) of the Atomic Energy Act of 1954 (42 U.S.C. 2014(aa)).
Transportation of terrorists
In general
Whoever knowingly and intentionally transports any terrorist aboard any vessel within the United States and on waters subject to the jurisdiction of the United States or any vessel outside the United States and on the high seas or having United States nationality, knowing that the transported person is a terrorist, shall be fined under this title or imprisoned for any term of years or for life, or both.
Defined term
In this section, the term terrorist means any person who intends to commit, or is avoiding apprehension after having committed, an offense listed under section 2332b(g)(5)(B).
.
Conforming amendment
The table of sections for chapter 111 of title 18, United States Code, as amended by section 305, is further amended by adding at the end the following:
2283. Transportation of explosive, chemical, biological, or radioactive or nuclear materials.
2284. Transportation of terrorists.
.
Destruction of, or interference with, vessels or maritime facilities
In general
Title 18, United States Code, is amended by inserting after chapter 111 the following:
Destruction of, or interference with, vessels or maritime facilities
Sec.
2290. Jurisdiction and scope.
2291. Destruction of vessel or maritime facility.
2292. Imparting or conveying false information.
Jurisdiction and scope
Jurisdiction
There is jurisdiction, including extraterritorial jurisdiction, over an offense under this chapter if the prohibited activity takes place—
within the United States and within waters subject to the jurisdiction of the United States; or
outside United States and—
an offender or a victim is a national of the United States (as that term is defined under section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22));
the activity involves a vessel in which a national of the United States was on board; or
the activity involves a vessel of the United States (as that term is defined under section 2 of the Maritime Drug Law Enforcement Act (46 U.S.C. App. 1903).
Scope
Nothing in this chapter shall apply to otherwise lawful activities carried out by or at the direction of the United States Government.
Destruction of vessel or maritime facility
Offense
Whoever knowingly—
sets fire to, damages, destroys, disables, or wrecks any vessel;
places or causes to be placed a destructive device, as defined in section 921(a)(4), destructive substance, as defined in section 31(a)(3), or an explosive, as defined in section 844(j) in, upon, or near, or otherwise makes or causes to be made unworkable or unusable or hazardous to work or use, any vessel, or any part or other materials used or intended to be used in connection with the operation of a vessel;
sets fire to, damages, destroys, or disables or places a destructive device or substance in, upon, or near, any maritime facility, including any aid to navigation, lock, canal, or vessel traffic service facility or equipment;
interferes by force or violence with the operation of any maritime facility, including any aid to navigation, lock, canal, or vessel traffic service facility or equipment, if such action is likely to endanger the safety of any vessel in navigation;
sets fire to, damages, destroys, or disables or places a destructive device or substance in, upon, or near, any appliance, structure, property, machine, or apparatus, or any facility or other material used, or intended to be used, in connection with the operation, maintenance, loading, unloading, or storage of any vessel or any passenger or cargo carried or intended to be carried on any vessel;
performs an act of violence against or incapacitates any individual on any vessel, if such act of violence or incapacitation is likely to endanger the safety of the vessel or those on board;
performs an act of violence against a person that causes or is likely to cause serious bodily injury, as defined in section 1365(h)(3), in, upon, or near, any appliance, structure, property, machine, or apparatus, or any facility or other material used, or intended to be used, in connection with the operation, maintenance, loading, unloading, or storage of any vessel or any passenger or cargo carried or intended to be carried on any vessel;
communicates information, knowing the information to be false and under circumstances in which such information may reasonably be believed, thereby endangering the safety of any vessel in navigation; or
attempts or conspires to do anything prohibited under paragraphs (1) through (8),
Limitation
Subsection (a) shall not apply to any person that is engaging in otherwise lawful activity, such as normal repair and salvage activities, and the transportation of hazardous materials regulated and allowed to be transported under chapter 51 of title 49.
Penalty
Whoever is fined or imprisoned under subsection (a) as a result of an act involving a vessel that, at the time of the violation, carried high-level radioactive waste (as that term is defined in section 2(12) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101(12)) or spent nuclear fuel (as that term is defined in section 2(23) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101(23)), shall be fined under this title, imprisoned for a term up to life, or both.
Penalty when death results
Whoever is convicted of any crime prohibited by subsection (a) and intended to cause death by the prohibited conduct, if the conduct resulted in the death of any person, shall be subject also to the death penalty or to a term of imprisonment for a period up to life.
Threats
Whoever knowingly and intentionally imparts or conveys any threat to do an act which would violate this chapter, with an apparent determination and will to carry the threat into execution, shall be fined under this title or imprisoned not more than 5 years, or both, and is liable for all costs incurred as a result of such threat.
Imparting or conveying false information
In general
Whoever imparts or conveys or causes to be imparted or conveyed false information, knowing the information to be false, concerning an attempt or alleged attempt being made or to be made, to do any act that would be a crime prohibited by this chapter or by chapter 111 of this title, shall be subject to a civil penalty of not more than $5,000, which shall be recoverable in a civil action brought in the name of the United States.
Malicious conduct
Whoever knowingly, intentionally, maliciously, or with reckless disregard for the safety of human life, imparts or conveys or causes to be imparted or conveyed false information, knowing the information to be false, concerning an attempt or alleged attempt to do any act which would be a crime prohibited by this chapter or by chapter 111 of this title, shall be fined under this title or imprisoned not more than 5 years.
Jurisdiction
In general
Except as provided under paragraph (2), section 2290(a) shall not apply to any offense under this section.
Jurisdiction
Jurisdiction over an offense under this section shall be determined in accordance with the provisions applicable to the crime prohibited by this chapter, or by chapter 111 of this title, to which the imparted or conveyed false information relates, as applicable.
Bar to prosecution
In general
It is a bar to prosecution under this chapter if—
the conduct in question occurred within the United States in relation to a labor dispute, and such conduct is prohibited as a felony under the law of the State in which it was committed; or
such conduct is prohibited as a misdemeanor, and not as a felony, under the law of the State in which it was committed.
Definitions
In this section:
Labor dispute
The term labor dispute
has the same
meaning given that term in section 13(c) of the Act to amend the Judicial Code
and to define and limit the jurisdiction of courts sitting in equity, and for
other purposes (29 U.S.C. 113(c), commonly known as the Norris-LaGuardia
Act).
State
The
term State
means a State of the United States, the District of
Columbia, and any commonwealth, territory, or possession of the United
States.
.
Conforming amendment
The table of chapters at the beginning of title 18, United States Code, is amended by inserting after the item for chapter 111 the following:
.
Theft of interstate or foreign shipments or vessels
Theft of interstate or foreign shipments
Section 659 of title 18, United States Code, is amended—
in the first undesignated paragraph—
by inserting
trailer,
after motortruck,
;
by inserting
air cargo container,
after aircraft,
; and
by inserting
, or from any intermodal container, trailer, container freight station,
warehouse, or freight consolidation facility,
after air
navigation facility
;
in the fifth
undesignated paragraph, by striking in each case
and all that
follows through or both
the second place it appears and
inserting be fined under this title or imprisoned not more than 10
years, or both, but if the amount or value of such money, baggage, goods, or
chattels is less than $1,000, shall be fined under this title or imprisoned for
not more than 3 years, or both
; and
by inserting after
the first sentence in the eighth undesignated paragraph the following:
For purposes of this section, goods and chattel shall be construed to be
moving as an interstate or foreign shipment at all points between the point of
origin and the final destination (as evidenced by the waybill or other shipping
document of the shipment), regardless of any temporary stop while awaiting
transshipment or otherwise.
.
Stolen vessels
In general
Section 2311 of title 18, United States Code, is amended
by adding at the end the following, as a new undesignated paragraph:
.Vessel
means any watercraft or other contrivance used or
designed for transportation or navigation on, under, or immediately above,
water.
Transportation and sale of stolen vessels
Transportation
Section
2312 of title 18, United States Code, is amended by striking motor
vehicle or aircraft
and inserting motor vehicle, vessel, or
aircraft
.
Sale
Section
2313(a) of title 18, United States Code, is amended by striking motor
vehicle or aircraft
and inserting motor vehicle, vessel, or
aircraft
.
Review of sentencing guidelines
Pursuant to section 994 of title 28, United States Code, the United States Sentencing Commission shall review the Federal Sentencing Guidelines to determine whether sentencing enhancement is appropriate for any offense under section 659 or 2311 of title 18, United States Code, as amended by this title.
Annual report of law enforcement activities
The Attorney General shall annually submit to Congress a report, which shall include an evaluation of law enforcement activities relating to the investigation and prosecution of offenses under section 659 of title 18, United States Code, as amended by this title.
Reporting of cargo theft
The Attorney General shall take the steps necessary to ensure that reports of cargo theft collected by Federal, State, and local officials are reflected as a separate category in the Uniform Crime Reporting System, or any successor system, by no later than December 31, 2006.
Stowaways on vessels or aircraft
Section
2199 of title 18, United States Code, is amended by striking Shall be
fined under this title or imprisoned not more than one year, or both.
and inserting the following:
shall be fined under this title, imprisoned not more than 5 years, or both;
if the person commits an act proscribed by this section, with the intent to commit serious bodily injury, and serious bodily injury occurs (as defined under section 1365, including any conduct that, if the conduct occurred in the special maritime and territorial jurisdiction of the United States, would violate section 2241 or 2242) to any person other than a participant as a result of a violation of this section, shall be fined under this title or imprisoned not more than 20 years, or both; and
if an individual commits an act proscribed by this section, with the intent to cause death, and if the death of any person other than a participant occurs as a result of a violation of this section, shall be fined under this title, imprisoned for any number of years or for life, or both.
.
Bribery affecting port security
In general
Chapter 11 of title 18, United States Code, is amended by adding at the end the following:
Bribery affecting port security
In general
Whoever knowingly—
directly or indirectly, corruptly gives, offers, or promises anything of value to any public or private person, with intent to commit international terrorism or domestic terrorism (as those terms are defined under section 2331), to—
influence any action or any person to commit or aid in committing, or collude in, or allow, any fraud, or make opportunity for the commission of any fraud affecting any secure or restricted area or seaport; or
induce any official or person to do or omit to do any act in violation of the lawful duty of such official or person that affects any secure or restricted area or seaport; or
directly or indirectly, corruptly demands, seeks, receives, accepts, or agrees to receive or accept anything of value personally or for any other person or entity in return for—
being influenced in the performance of any official act affecting any secure or restricted area or seaport; and
knowing that such influence will be used to commit, or plan to commit, international or domestic terrorism,
Definition
In this section, the term secure or restricted area means an area of a vessel or facility designated as secure in an approved security plan, as required under section 70103 of title 46, United States Code, and the rules and regulations promulgated under that section.
.
Conforming amendment
The table of sections for chapter 11 of title 18, United States Code, is amended by adding at the end the following:
226. Bribery affecting port security.
.
Penalties for smuggling goods into the United States
The third undesignated paragraph of section
545 of title 18, United States Code, is amended by striking 5
years
and inserting 20 years
.
Smuggling goods from the United States
In general
Chapter 27 of title 18, United States Code, is amended by adding at the end the following:
Smuggling goods from the United States
In general
Whoever fraudulently or knowingly exports or sends from the United States, or attempts to export or send from the United States, any merchandise, article, or object contrary to any law or regulation of the United States, or receives, conceals, buys, sells, or in any manner facilitates the transportation, concealment, or sale of such merchandise, article or object, prior to exportation, knowing the same to be intended for exportation contrary to any law or regulation of the United States, shall be fined under this title, imprisoned not more than 10 years, or both.
Definition
In this section, the term United States has the meaning given that term in section 545.
.
Conforming amendment
The chapter analysis for chapter 27 of title 18, United States Code, is amended by adding at the end the following:
554. Smuggling goods from the United States.
.
Specified unlawful activity
Section 1956(c)(7)(D) of title 18, United
States Code, is amended by inserting section 554 (relating to smuggling
goods from the United States),
before section 641 (relating to
public money, property, or records),
.
Tariff Act of 1990
Section 596 of the Tariff Act of 1930 (19 U.S.C. 1595a) is amended by adding at the end the following:
Merchandise exported or sent from the United States or attempted to be exported or sent from the United States contrary to law, or the proceeds or value thereof, and property used to facilitate the exporting or sending of such merchandise, the attempted exporting or sending of such merchandise, or the receipt, purchase, transportation, concealment, or sale of such merchandise prior to exportation shall be seized and forfeited to the United States.
.
Removing goods from customs custody
Section 549 of title 18, United States Code,
is amended in the 5th paragraph by striking two years
and
inserting 10 years
.