[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3199 Engrossed in House (EH)]


109th CONGRESS

  1st Session

                               H. R. 3199

_______________________________________________________________________

                                 AN ACT

 To extend and modify authorities needed to combat terrorism, and for 
                            other purposes.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
109th CONGRESS
  1st Session
                                H. R. 3199

_______________________________________________________________________

                                 AN ACT


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

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``USA PATRIOT and 
Terrorism Prevention 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 AND TERRORISM PREVENTION REAUTHORIZATION ACT

Sec. 101. References to USA Patriot Act.
Sec. 102. USA Patriot Act sunset provisions.
Sec. 103. Repeal of sunset provision relating to individual terrorists 
                            as agents of foreign powers.
Sec. 104. Repeal of sunset provision relating to section 2332b and the 
                            material support sections of title 18, 
                            United States Code.
Sec. 105. Sharing of electronic, wire, and oral interception 
                            information under section 203(b) of the USA 
                            Patriot Act.
Sec. 106. Duration of FISA surveillance of non-United States persons 
                            under section 207 of the USA Patriot Act.
Sec. 107. Access to certain business records under section 215 of the 
                            USA Patriot Act.
Sec. 108. Report on emergency disclosures under section 212 of the USA 
                            Patriot Act.
Sec. 109. Specificity and notification for roving surveillance 
                            authority under section 206 of the USA 
                            Patriot Act.
Sec. 110. Prohibition on planning terrorist attacks on mass 
                            transportation.
Sec. 111. Forfeiture.
Sec. 112. Adding offenses to the definition of Federal crime of 
                            terrorism.
Sec. 113. Amendments to section 2516(1) of title 18, United States 
                            Code.
Sec. 114. Definition of period of reasonable delay under section 213 of 
                            the USA Patriot Act.
Sec. 115. Attacks against railroad carriers and mass transportation 
                            systems.
Sec. 116. Judicial review of national security letters.
Sec. 117. Confidentiality of national security letters.
Sec. 118. Violations of nondisclosure provisions of national security 
                            letters.
Sec. 119. Reports.
Sec. 120. Definition for forfeiture provisions under section 806 of the 
                            USA Patriot Act.
Sec. 121. Limitation on authority to delay notice.
Sec. 122. Interception of communications.
Sec. 123. Penal provisions regarding trafficking in contraband 
                            cigarettes or smokeless tobacco.
Sec. 124. Prohibition of narco-terrorism.
Sec. 125. Interfering with the operation of an aircraft.
Sec. 126. Sense of Congress relating to lawful political activity.
Sec. 127. Repeal of first responder grant program.
Sec. 128. Faster and smarter funding for first responders.
Sec. 129. Oversight.
Sec. 130. GAO report on an inventory and status of homeland security 
                            first responder training.
Sec. 131. Removal of civil liability barriers that discourage the 
                            donation of fire equipment to volunteer 
                            fire companies.
Sec. 132. Report by Attorney General.
Sec. 133. Sense of Congress.
             TITLE II--TERRORIST DEATH PENALTY ENHANCEMENT

Sec. 201. Short title.
            Subtitle A--Terrorist Penalties Enhancement Act

Sec. 211. Terrorist offense resulting in death.
Sec. 212. Denial of Federal benefits to terrorists.
Sec. 213. Death penalty procedures for certain air piracy cases 
                            occurring before enactment of the Federal 
                            Death Penalty Act of 1994.
Sec. 214. Ensuring death penalty for terrorist offenses which create 
                            grave risk of death.
Sec. 215. Postrelease supervision of terrorists.
 Subtitle B--Prevention of Terrorist Access to Destructive Weapons Act

Sec. 221. Death penalty for certain terror related crimes.
              Subtitle C--Federal Death Penalty Procedures

Sec. 231. Modification of death penalty provisions.
     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. Use of a dangerous weapon or explosive on a passenger vessel.
Sec. 305. Criminal sanctions for violence against maritime navigation, 
                            placement of destructive devices.
Sec. 306. Transportation of dangerous materials and terrorists.
Sec. 307. Destruction of, or interference with, vessels or maritime 
                            facilities.
Sec. 308. Theft of interstate or foreign shipments or vessels.
Sec. 309. Increased penalties for noncompliance with manifest 
                            requirements.
Sec. 310. Stowaways on vessels or aircraft.
Sec. 311. Bribery affecting port security.
Sec. 312. Penalties for smuggling goods into the United States.
Sec. 313. 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. Technical corrections to financing of terrorism statute.
Sec. 408. Cross reference correction.
Sec. 409. Amendment to amendatory language.
Sec. 410. Designation of additional money laundering predicate.

   TITLE I--USA PATRIOT AND TERRORISM PREVENTION REAUTHORIZATION ACT

SEC. 101. 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 (USA 
PATRIOT ACT) Act of 2001.

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.--Effective December 31, 2015, 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.

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

    Section 6001 of the Intelligence Reform and Terrorism Prevention 
Act of 2004 (Public Law 108-458; 118 Stat. 3742) is amended by--
            (1) striking subsection (b); and
            (2) striking ``(a)'' and all that follows through 
        ``Section'' and inserting ``Section''.

SEC. 104. REPEAL OF SUNSET PROVISION RELATING TO 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. SHARING OF ELECTRONIC, WIRE, AND ORAL INTERCEPTION 
              INFORMATION UNDER SECTION 203(B) OF THE USA PATRIOT ACT.

    Section 2517(6) of title 18, United States Code, is amended by 
adding at the end the following: ``Within a reasonable time after a 
disclosure of the contents of a communication under this subsection, an 
attorney for the Government shall file, under seal, a notice with a 
judge whose order authorized or approved the interception of that 
communication, stating the fact that such contents were disclosed and 
the departments, agencies, or entities to which the disclosure was 
made.''.

SEC. 106. 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. 107. ACCESS TO CERTAIN BUSINESS RECORDS UNDER SECTION 215 OF THE 
              USA PATRIOT ACT.

    (a) Establishment of Relevance Standard.--Subsection (b)(2) of 
section 501 of the Foreign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1861) is amended by striking ``to obtain'' and all that follows 
and inserting ``and that the information likely to be obtained from the 
tangible things is reasonably expected to be (A) foreign intelligence 
information not concerning a United States person, or (B) relevant to 
an ongoing investigation to protect against international terrorism or 
clandestine intelligence activities.''.
    (b) 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 records.''.
    (c) Authority to Disclose to Attorney.--Subsection (d) of such 
section is amended to read as follows:
    ``(d)(1) No person shall disclose to any person (other than a 
qualified person) that the United States has sought or obtained 
tangible things under this section.
    ``(2) An order under this section shall notify the person to whom 
the order is directed of the nondisclosure requirement under paragraph 
(1).
    ``(3) Any person to whom an order is directed under this section 
who discloses that the United States has sought to obtain tangible 
things under this section to a qualified person with respect to the 
order shall inform such qualified person of the nondisclosure 
requirement under paragraph (1) and that such qualified person is also 
subject to such nondisclosure requirement.
    ``(4) A qualified person shall be subject to any nondisclosure 
requirement applicable to a person to whom an order is directed under 
this section in the same manner as such person.
    ``(5) In this subsection, the term `qualified person' means--
            ``(A) any person necessary to produce the tangible things 
        pursuant to an order under this section; or
            ``(B) an attorney to obtain legal advice with respect to an 
        order under this section.''.
    (d) Judicial Review.--
            (1) Petition review panel.--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 (who is 
designated by the Chief Justice of the United States from among the 
judges of the court), shall comprise a petition review panel 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 and Terrorism Prevention Reauthorization Act of 2005, the 
court established under subsection (a) shall develop and issue 
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 ex parte and 
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 in the panel established by section 103(e)(1). The Presiding 
Judge shall conduct an initial review of the petition. If the Presiding 
Judge determines that the petition is frivolous, the Presiding Judge 
shall immediately deny the petition and promptly provide a written 
statement of the reasons for the determination for the record. If the 
Presiding Judge determines that the petition is not frivolous, the 
Presiding Judge shall immediately assign the petition to one of the 
judges serving on such panel. The assigned judge shall promptly 
consider the petition in accordance with procedures developed and 
issued 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. 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 immediately 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.
    ``(2) Judicial proceedings under this subsection shall be concluded 
as expeditiously as possible. The judge considering a petition filed 
under this subsection shall provide for the record a written statement 
of the reasons for the decision. 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.
    ``(3) All petitions under this subsection shall be filed under 
seal, and the court, upon the government's request, shall review any 
government submission, which may include classified information, as 
well as the government's application and related materials, ex parte 
and in camera.''.
    (e) FBI Director Required to Apply for Order of Production of 
Records From Library or Bookstore.--Section 501(a) of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1861(a)) is amended--
            (1) in paragraph (1), by striking ``The Director'' and 
        inserting ``Subject to paragraph (3), the Director''; and
            (2) by adding at the end the following new paragraph:
    ``(3) In the case of an application for an order requiring the 
production of tangible things described in paragraph (1) from a library 
or bookstore, the Director of the Federal Bureau of Investigation shall 
not delegate the authority to make such application to a designee.''.

SEC. 108. REPORT ON EMERGENCY DISCLOSURES UNDER SECTION 212 OF THE USA 
              PATRIOT ACT.

    Section 2702 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(d) Report.--On an annual basis, the Attorney General shall 
submit to the Committees on the Judiciary of the House and 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 disclosure under subsection (b)(8) 
                was made to the Department of Justice; and
                    ``(B) the investigation pertaining to those 
                disclosures was closed without the filing of criminal 
                charges.''.

SEC. 109. SPECIFICITY AND NOTIFICATION FOR ROVING SURVEILLANCE 
              AUTHORITY UNDER SECTION 206 OF THE USA PATRIOT ACT.

    (a) Inclusion of Specific Facts in Application.--Section 
105(c)(2)(B) of the Foreign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1805(c)(2)(B)) is amended by striking ``where the Court finds'' 
and inserting ``where the Court finds, based upon specific facts 
provided in the application,''.
    (b) Notification of Surveillance of New Facility or Place.--Section 
105(c)(2) of such Act is amended--
            (1) in subparagraph (C), by striking ``and'' at the end;
            (2) in subparagraph (D), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following new subparagraph:
                    ``(E) that, in the case of electronic surveillance 
                directed at a facility or place that is not known at 
                the time the order is issued, the applicant shall 
                notify a judge having jurisdiction under section 103 at 
                the earliest reasonable time as determined by the 
                court, but in no case later than 15 days, after 
                electronic surveillance begins to be directed at a new 
                facility or place, and such notice shall contain a 
                statement of the facts and circumstances relied upon by 
                the applicant to justify the belief that the facility 
                or place at which the electronic surveillance is or was 
                directed is being used, or is about to be used, by the 
                target of electronic surveillance and shall specify the 
                total number of electronic surveillances that have been 
                or are being conducted under the authority of the 
                order.''.

SEC. 110. PROHIBITION ON PLANNING TERRORIST ATTACKS ON MASS 
              TRANSPORTATION.

    Section 1993(a) of title 18, United States Code, is amended--
            (1) by striking ``or'' at the of paragraph (7);
            (2) by redesignating paragraph (8) as paragraph (9); and
            (3) by inserting after paragraph (7) the following:
            ``(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 (7); or''.

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. ADDING OFFENSES TO THE DEFINITION OF FEDERAL CRIME OF 
              TERRORISM.

    Section 2332b)(g)(5)(B)(i) of title 18, United States Code, is 
amended--
            (1) by inserting ``, 2339D (relating to military-type 
        training from a foreign terrorist organization)'' before ``, or 
        2340A''; and
            (2) by inserting ``832 (relating to nuclear and weapons of 
        mass destruction threats),'' after ``831 (relating to nuclear 
        materials),''.

SEC. 113. AMENDMENTS TO SECTION 2516(1) OF TITLE 18, UNITED STATES 
              CODE.

    (a) 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 175b (relating to biological 
        agents or toxins)'' 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), sections 1361-1363 (relating 
        to damage to government buildings and communications), section 
        1366 (relating to destruction of an energy facility), '' after 
        ``section 1014 (relating to loans and credit applications 
        generally; renewals and discounts),'';
            (4) by inserting ``section 1993 (relating to terrorist 
        attacks against mass transportation), sections 2155 and 2156 
        (relating to national-defense utilities), sections 2280 and 
        2281 (relating to violence against maritime navigation),'' 
        after ``section 1344 (relating to bank fraud),''; and
            (5) by inserting ``section 2340A (relating to torture),'' 
        after ``section 2321 (relating to trafficking in certain motor 
        vehicles or motor vehicle parts),''.
    (b) Paragraph (p) Amendment.--Section 2516(1)(p) is amended by 
inserting ``, section 1028A (relating to aggravated identity theft)'' 
after ``other documents''.
    (c) Paragraph (q) Amendment.--Section 2516(1)(q) of title 18 United 
States Code is amended--
            (1) by inserting ``2339'' after ``2232h''; and
            (2) by inserting ``2339D'' after ``2339C''.

SEC. 114. DEFINITION OF PERIOD OF REASONABLE DELAY UNDER SECTION 213 OF 
              THE USA PATRIOT ACT.

    Section 3103a(b)(3) of title 18, United States Code, is amended--
            (1) by striking ``of its'' and inserting ``, which shall 
        not be more than 180 days, after its''; and
            (2) by inserting ``for additional periods of not more than 
        90 days each'' after ``may be extended''.

SEC. 115. 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--
            ``(1) wrecks, derails, sets fire to, or disables railroad 
        on-track equipment or a mass transportation vehicle;
            ``(2) with intent to endanger the safety of any person, or 
        with a reckless disregard for the safety of human life, and 
        without the authorization of the railroad carrier or mass 
        transportation provider--
                    ``(A) places any biological agent or toxin, 
                destructive substance, or destructive device in, upon, 
                or near railroad on-track equipment or a mass 
                transportation vehicle; or
                    ``(B) releases a hazardous material or a biological 
                agent or toxin on or near any property described in 
                subparagraph (A) or (B) of paragraph (3);
            ``(3) 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, 
                without the authorization of the 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;
                    ``(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, without the authorization 
                of the mass transportation provider, 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; or
            ``(4) 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, without authorization 
        from the railroad carrier or mass transportation provider;
            ``(5) 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, or maintaining railroad on-track equipment or a mass 
        transportation vehicle;
            ``(6) 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 (3), except that this subparagraph shall 
        not apply to rail police officers acting in the course of their 
        law enforcement duties under section 28101 of title 49, United 
        States Code;
            ``(7) conveys false information, knowing the information to 
        be false, concerning an attempt or alleged attempt that was 
        made, is being made, or is to be made, to engage in a violation 
        of this subsection; or
            ``(8) attempts, threatens, or conspires to engage in any 
        violation of any of paragraphs (1) through (7),
shall be fined under this title or imprisoned not more than 20 years, 
or both.
    ``(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;
            ``(3) 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; or
            ``(4) the offense results in the death of any person,
shall be fined under this title or imprisoned for any term of years or 
life, or both. In the case of a violation described in paragraph (2) of 
this subsection, the term of imprisonment shall be not less than 30 
years; and, in the case of a violation described in paragraph (4) of 
this subsection, the offender shall be fined under this title and 
imprisoned for life and be subject to the death penalty.
    ``(c) Circumstances Required for Offense.--A circumstance referred 
to in subsection (a) is any of the following:
            ``(1) Any of the conduct required for the offense is, or, 
        in the case of an attempt, threat, or conspiracy to engage in 
        conduct, the conduct required for the completed offense would 
        be, engaged in, on, against, or affecting a mass transportation 
        provider or railroad carrier engaged in or affecting 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 more 
        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;
            ``(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      1991''.
                            land, on water, or through the 
                            air.
            (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),'' 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),''.

SEC. 116. JUDICIAL REVIEW OF NATIONAL SECURITY LETTERS.

    Chapter 223 of title 18, United States Code, is amended--
            (1) by inserting at the end of the table of sections the 
        following new item:

``3511. Judicial review of requests for information.'';
        and
            (2) by inserting after section 3510 the following:
``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 625(a) or (b) 
or 626(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 
or oppressive.
    ``(b) The recipient of a request for records, a report, or other 
information under section 2709(b) of this title, section 625(a) or (b) 
or 626(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.
            ``(1) 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 625(a) or (b) or 626(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. The certification 
        made at the time of the request that disclosure may endanger of 
        the national security of the United States or interfere with 
        diplomatic relations shall be treated as conclusive unless the 
        court finds that the certification was made in bad faith.
            ``(2) 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 625(a) or (b) or 626(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 issuing officer, within 
        ninety days of the filing of the petition, shall either 
        terminate the nondisclosure requirement or re-certify that 
        disclosure 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. In the event or 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. The re-certification 
        that disclosure may endanger of the national security of the 
        United States or interfere with diplomatic relations shall be 
        treated as conclusive unless the court finds that the re-
        certification 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 625(a) or (b) or 626(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 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 625(a) or 
(b) or 626(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 625(a) or (b) or 626(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 
the Federal Government's request, review the submission of the 
Government, which may include classified information, ex parte and in 
camera.''.

SEC. 117. 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 in order to 
        comply with the request or an attorney to obtain legal advice 
        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 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).''.
    (b) Section 625(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 in order to 
        comply with the request or an attorney to obtain legal advice 
        with respect to the request) that the Federal Bureau of 
        Investigation has sought or obtained the identity of financial 
        institutions or a consumer report respecting any consumer under 
        subsection (a), (b), or (c), and no consumer reporting agency 
        or officer, employee, or agent of a consumer reporting agency 
        shall include in any consumer report any information that would 
        indicate that the Federal Bureau of Investigation has sought or 
        obtained such information on a consumer report.
            ``(2) The request shall notify the person or entity to whom 
        the request is directed of the nondisclosure requirement under 
        paragraph (1).
            ``(3) Any recipient disclosing to those persons necessary 
        to comply with the request or to an attorney to obtain legal 
        advice 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).''.
    (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 or, or 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 in order to comply with the 
        request or an attorney to obtain legal advice 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 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).''.
    (d) 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 in order to comply with 
                        the request or an attorney to obtain legal 
                        advice 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 paragraph (5).
                            ``(ii) The request shall notify the person 
                        or entity to whom the request is directed of 
                        the nondisclosure requirement under paragraph 
                        (1).
                            ``(iii) Any recipient disclosing to those 
                        persons necessary to comply with the request or 
                        to an attorney to obtain legal advice 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).''.
    (e) 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 in order 
        to comply with the request or an attorney to obtain legal 
        advice 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 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).''.

SEC. 118. 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 knowingly violates section 2709(c)(1) of this title, 
sections 625(d) or 626(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 be imprisoned for not more than one year, and if the violation is 
committed with the intent to obstruct an investigation or judicial 
proceeding, shall be imprisoned for not more than five years.''.

SEC. 119. 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 625(d) or 626(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.

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 by 
striking ``section 2331'' each place it appears and inserting 
``2332b(g)(5)(B)''.

SEC. 121. LIMITATION ON AUTHORITY TO DELAY NOTICE.

    (a) In General.--Section 3103a(b)(1) of title 18, United States 
Code, is amended by inserting ``, except if the adverse results 
consists only of unduly delaying a trial'' after ``2705''.
    (b) Reporting Requirement.--Section 3103a of title 18, United 
States Code, is amended by adding at the end the following:
    ``(c) Reports.--On an annual basis, the Administrative Office of 
the United States Courts shall report to the Committees on the 
Judiciary of the House of Representatives and the Senate the number of 
search warrants granted during the reporting period, and the number of 
delayed notices authorized during that period, indicating the adverse 
result that occasioned that delay.''.

SEC. 122. INTERCEPTION OF COMMUNICATIONS.

    Section 2516(1) of title 18, United States Code, is amended--
            (1) in paragraph (c)--
                    (A) by inserting before ``section 201 (bribery of 
                public officials and witnesses)'' the following: 
                ``section 81 (arson within special maritime and 
                territorial jurisdiction),'';
                    (B) by inserting before ``subsection (d), (e), (f), 
                (g), (h), or (i) of section 844 (unlawful use of 
                explosives)'' the following: ``subsections (m) or (n) 
                of section 842 (relating to plastic explosives),''; and
                    (C) by inserting before ``section 1992 (relating to 
                wrecking trains)'' the following: ``, section 930(c) 
                (relating to attack on federal facility with firearm), 
                section 956 (conspiracy to harm persons or property 
                overseas),''; and
            (2) in paragraph (j)--
                    (A) 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
                    (B) 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''.

SEC. 123. 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;''.
    (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, and 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       2341''.
                            tobacco.

SEC. 124. 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:

``narco-terrorists who aid and support terrorists or foreign terrorist 
                             organizations

    ``Sec. 1010A. (a) Prohibited Acts.--Whoever, in a circumstance 
described in subsection (c), manufactures, distributes, imports, 
exports, or possesses with intent to distribute or manufacture a 
controlled substance, flunitrazepam, or listed chemical, or attempts or 
conspires to do so, knowing or intending that such activity, directly 
or indirectly, aids or provides support, resources, or anything of 
pecuniary value to--
            ``(1) a foreign terrorist organization; or
            ``(2) any person or group involved in the planning, 
        preparation for, or carrying out of, a terrorist offense, shall 
        be punished as provided under subsection (b).
    ``(b) Penalties.--Whoever violates subsection (a) shall be fined 
under this title, imprisoned for not less than 20 years and not more 
than life and shall be sentenced to a term of supervised release of not 
less than 5 years.
    ``(c) Jurisdiction.--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 or the prohibited drug activity occurs in 
        or affects interstate or foreign commerce;
            ``(3) the offense, the prohibited drug activity or the 
        terrorist offense involves the use of the mails or a facility 
        of interstate or foreign commerce;
            ``(4) the terrorist offense occurs in or affects interstate 
        or foreign commerce or would have occurred in or affected 
        interstate or foreign commerce had it been consummated;
            ``(5) an offender provides anything of pecuniary value to a 
        foreign terrorist organization;
            ``(6) an offender provides anything of pecuniary value for 
        a terrorist offense that is designed to influence the policy or 
        affect the conduct of the United States government;
            ``(7) an offender provides anything of pecuniary value for 
        a terrorist offense that occurs in part within the United 
        States and is designed to influence the policy or affect the 
        conduct of a foreign government;
            ``(8) 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;
            ``(9) the offense occurs in whole or in part within the 
        United States, and an offender provides anything of pecuniary 
        value for a terrorist offense that is designed to influence the 
        policy or affect the conduct of a foreign government;
            ``(10) 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
            ``(11) 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.
    ``(d) Proof Requirements.--The prosecution shall not be required to 
prove that any defendant knew that an organization was designated as a 
`foreign terrorist organization' under the Immigration and Nationality 
Act.
    ``(e) Definitions.--In this section, the following definitions 
shall apply:
            ``(1) Anything of pecuniary value.--The term `anything of 
        pecuniary value' has the meaning given the term in section 
        1958(b)(1) of title 18, United States Code.
            ``(2) Terrorist offense.--The term `terrorist offense' 
        means--
                    ``(A) an act which constitutes an offense within 
                the scope of a treaty, as defined under section 
                2339C(e)(7) of title 18, United States Code, which has 
                been implemented by the United States;
                    ``(B) any other act intended to cause death or 
                serious bodily injury to a civilian, or to any other 
                person not taking an active part in the hostilities in 
                a situation of armed conflict, when the purpose of such 
                act, by its nature or context, is to intimidate a 
                population, or to compel a government or an 
                international organization to do or to abstain from 
                doing any act.
            ``(3) Terrorist organization.--The term `terrorist 
        organization' has the meaning given the term in section 
        212(a)(3)(B)(vi) of the Immigration and Nationality Act (8 
        U.S.C. 1182(a)(3)(B)(vi)).''.

SEC. 125. 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. 126. SENSE OF CONGRESS RELATING TO LAWFUL POLITICAL ACTIVITY.

    It is the sense of Congress that the Federal Government should not 
investigate an American citizen for alleged criminal conduct 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. 127. REPEAL OF FIRST RESPONDER GRANT PROGRAM.

    Section 1014 of the USA PATRIOT ACT is amended by striking 
subsection (c).

SEC. 128. FASTER AND SMARTER FUNDING FOR FIRST RESPONDERS.

    (a) In General.--The Homeland Security Act of 2002 (Public Law 107-
296; 6 U.S.C. 361 et seq.) is amended--
            (1) in section 1(b) in the table of contents by adding at 
        the end the following:

              ``TITLE XVIII--FUNDING FOR FIRST RESPONDERS

``1801. Definitions.
``1802. Faster and Smarter Funding for First Responders.
``1803. Covered grant eligibility and criteria.
``1804. Risk-based evaluation and prioritization.
``1805. Task Force on Terrorism Preparedness for First Responders.
``1806. Use of funds and accountability requirements.
``1807. National standards for first responder equipment and 
                            training.''.
            (2) by adding at the end the following:

              ``TITLE XVIII--FUNDING FOR FIRST RESPONDERS

``SEC. 1801. DEFINITIONS.

    ``In this title:
            ``(1) Board.--The term `Board' means the First Responder 
        Grants Board established under section 1804.
            ``(2) Covered grant.--The term `covered grant' means any 
        grant to which this title applies under section 1802.
            ``(3) Directly eligible tribe.--The term `directly eligible 
        tribe' means any Indian tribe or consortium of Indian tribes 
        that--
                    ``(A) meets the criteria for inclusion in the 
                qualified applicant pool for Self-Governance that are 
                set forth in section 402(c) of the Indian Self-
                Determination and Education Assistance Act (25 U.S.C. 
                458bb(c));
                    ``(B) employs at least 10 full-time personnel in a 
                law enforcement or emergency response agency with the 
                capacity to respond to calls for law enforcement or 
                emergency services; and
                    ``(C)(i) is located on, or within 5 miles of, an 
                international border or waterway;
                    ``(ii) is located within 5 miles of a facility 
                designated as high-risk critical infrastructure by the 
                Secretary;
                    ``(iii) is located within or contiguous to one of 
                the 50 largest metropolitan statistical areas in the 
                United States; or
                    ``(iv) has more than 1,000 square miles of Indian 
                country, as that term is defined in section 1151 of 
                title 18, United States Code.
            ``(4) Elevations in the threat alert level.--The term 
        `elevations in the threat alert level' means any designation 
        (including those that are less than national in scope) that 
        raises the homeland security threat level to either the highest 
        or second highest threat level under the Homeland Security 
        Advisory System referred to in section 201(d)(7).
            ``(5) Emergency preparedness.--The term `emergency 
        preparedness' shall have the same meaning that term has under 
        section 602 of the Robert T. Stafford Disaster Relief and 
        Emergency Assistance Act (42 U.S.C. 5195a).
            ``(6) Essential capabilities.--The term `essential 
        capabilities' means the levels, availability, and competence of 
        emergency personnel, planning, training, and equipment across a 
        variety of disciplines needed to effectively and efficiently 
        prevent, prepare for, respond to, and recover from acts of 
        terrorism consistent with established practices.
            ``(7) First responder.--The term `first responder' shall 
        have the same meaning as the term `emergency response 
        provider'.
            ``(8) Indian tribe.--The term `Indian tribe' means any 
        Indian tribe, band, nation, or other organized group or 
        community, including any Alaskan Native village or regional or 
        village corporation as defined in or established pursuant to 
        the Alaskan Native Claims Settlement Act (43 U.S.C. 1601 et 
        seq.), which is recognized as eligible for the special programs 
        and services provided by the United States to Indians because 
        of their status as Indians.
            ``(9) Region.--The term `region' means--
                    ``(A) any geographic area consisting of all or 
                parts of 2 or more contiguous States, counties, 
                municipalities, or other local governments that have a 
                combined population of at least 1,650,000 or have an 
                area of not less than 20,000 square miles, and that, 
                for purposes of an application for a covered grant, is 
                represented by 1 or more governments or governmental 
                agencies within such geographic area, and that is 
                established by law or by agreement of 2 or more such 
                governments or governmental agencies in a mutual aid 
                agreement; or
                    ``(B) any other combination of contiguous local 
                government units (including such a combination 
                established by law or agreement of two or more 
                governments or governmental agencies in a mutual aid 
                agreement) that is formally certified by the Secretary 
                as a region for purposes of this Act with the consent 
                of--
                            ``(i) the State or States in which they are 
                        located, including a multi-State entity 
                        established by a compact between two or more 
                        States; and
                            ``(ii) the incorporated municipalities, 
                        counties, and parishes that they encompass.
            ``(10) Task force.--The term `Task Force' means the Task 
        Force on Terrorism Preparedness for First Responders 
        established under section 1805.
            ``(11) Terrorism preparedness.--The term `terrorism 
        preparedness' means any activity designed to improve the 
        ability to prevent, prepare for, respond to, mitigate against, 
        or recover from threatened or actual terrorist attacks.

``SEC. 1802. FASTER AND SMARTER FUNDING FOR FIRST RESPONDERS.

    ``(a) Covered Grants.--This title applies to grants provided by the 
Department to States, regions, or directly eligible tribes for the 
primary purpose of improving the ability of first responders to 
prevent, prepare for, respond to, mitigate against, or recover from 
threatened or actual terrorist attacks, especially those involving 
weapons of mass destruction, administered under the following:
            ``(1) State homeland security grant program.--The State 
        Homeland Security Grant Program of the Department, or any 
        successor to such grant program.
            ``(2) Urban area security initiative.--The Urban Area 
        Security Initiative of the Department, or any successor to such 
        grant program.
            ``(3) Law enforcement terrorism prevention program.--The 
        Law Enforcement Terrorism Prevention Program of the Department, 
        or any successor to such grant program.
    ``(b) Excluded Programs.--This title does not apply to or otherwise 
affect the following Federal grant programs or any grant under such a 
program:
            ``(1) Nondepartment programs.--Any Federal grant program 
        that is not administered by the Department.
            ``(2) Fire grant programs.--The fire grant programs 
        authorized by sections 33 and 34 of the Federal Fire Prevention 
        and Control Act of 1974 (15 U.S.C. 2229, 2229a).
            ``(3) Emergency management planning and assistance account 
        grants.--The Emergency Management Performance Grant program and 
        the Urban Search and Rescue Grants program authorized by title 
        VI of the Robert T. Stafford Disaster Relief and Emergency 
        Assistance Act (42 U.S.C. 5195 et seq.); the Departments of 
        Veterans Affairs and Housing and Urban Development, and 
        Independent Agencies Appropriations Act, 2000 (113 Stat. 1047 
        et seq.); and the Earthquake Hazards Reduction Act of 1977 (42 
        U.S.C. 7701 et seq.).

``SEC. 1803. COVERED GRANT ELIGIBILITY AND CRITERIA.

    ``(a) Grant Eligibility.--Any State, region, or directly eligible 
tribe shall be eligible to apply for a covered grant.
    ``(b) Grant Criteria.--The Secretary shall award covered grants to 
assist States and local governments in achieving, maintaining, and 
enhancing the essential capabilities for terrorism preparedness 
established by the Secretary.
    ``(c) State Homeland Security Plans.--
            ``(1) Submission of plans.--The Secretary shall require 
        that any State applying to the Secretary for a covered grant 
        must submit to the Secretary a 3-year State homeland security 
        plan that--
                    ``(A) describes the essential capabilities that 
                communities within the State should possess, or to 
                which they should have access, based upon the terrorism 
                risk factors relevant to such communities, in order to 
                meet the Department's goals for terrorism preparedness;
                    ``(B) demonstrates the extent to which the State 
                has achieved the essential capabilities that apply to 
                the State;
                    ``(C) demonstrates the needs of the State necessary 
                to achieve, maintain, or enhance the essential 
                capabilities that apply to the State;
                    ``(D) includes a prioritization of such needs based 
                on threat, vulnerability, and consequence assessment 
                factors applicable to the State;
                    ``(E) describes how the State intends--
                            ``(i) to address such needs at the city, 
                        county, regional, tribal, State, and interstate 
                        level, including a precise description of any 
                        regional structure the State has established 
                        for the purpose of organizing homeland security 
                        preparedness activities funded by covered 
                        grants;
                            ``(ii) to use all Federal, State, and local 
                        resources available for the purpose of 
                        addressing such needs; and
                            ``(iii) to give particular emphasis to 
                        regional planning and cooperation, including 
                        the activities of multijurisdictional planning 
                        agencies governed by local officials, both 
                        within its jurisdictional borders and with 
                        neighboring States;
                    ``(F) with respect to the emergency preparedness of 
                first responders, addresses the unique aspects of 
                terrorism as part of a comprehensive State emergency 
                management plan; and
                    ``(G) provides for coordination of response and 
                recovery efforts at the local level, including 
                procedures for effective incident command in 
                conformance with the National Incident Management 
                System.
            ``(2) Consultation.--The State plan submitted under 
        paragraph (1) shall be developed in consultation with and 
        subject to appropriate comment by local governments and first 
        responders within the State.
            ``(3) Approval by secretary.--The Secretary may not award 
        any covered grant to a State unless the Secretary has approved 
        the applicable State homeland security plan.
            ``(4) Revisions.--A State may revise the applicable State 
        homeland security plan approved by the Secretary under this 
        subsection, subject to approval of the revision by the 
        Secretary.
    ``(d) Consistency With State Plans.--The Secretary shall ensure 
that each covered grant is used to supplement and support, in a 
consistent and coordinated manner, the applicable State homeland 
security plan or plans.
    ``(e) Application for Grant.--
            ``(1) In general.--Except as otherwise provided in this 
        subsection, any State, region, or directly eligible tribe may 
        apply for a covered grant by submitting to the Secretary an 
        application at such time, in such manner, and containing such 
        information as is required under this subsection, or as the 
        Secretary may reasonably require.
            ``(2) Deadlines for applications and awards.--All 
        applications for covered grants must be submitted at such time 
        as the Secretary may reasonably require for the fiscal year for 
        which they are submitted. The Secretary shall award covered 
        grants pursuant to all approved applications for such fiscal 
        year as soon as practicable, but not later than March 1 of such 
        year.
            ``(3) Availability of funds.--All funds awarded by the 
        Secretary under covered grants in a fiscal year shall be 
        available for obligation through the end of the subsequent 
        fiscal year.
            ``(4) Minimum contents of application.--The Secretary shall 
        require that each applicant include in its application, at a 
        minimum--
                    ``(A) the purpose for which the applicant seeks 
                covered grant funds and the reasons why the applicant 
                needs the covered grant to meet the essential 
                capabilities for terrorism preparedness within the 
                State, region, or directly eligible tribe to which the 
                application pertains;
                    ``(B) a description of how, by reference to the 
                applicable State homeland security plan or plans under 
                subsection (c), the allocation of grant funding 
                proposed in the application, including, where 
                applicable, the amount not passed through under section 
                1806(g)(1), would assist in fulfilling the essential 
                capabilities for terrorism preparedness specified in 
                such plan or plans;
                    ``(C) a statement of whether a mutual aid agreement 
                applies to the use of all or any portion of the covered 
                grant funds;
                    ``(D) if the applicant is a State, a description of 
                how the State plans to allocate the covered grant funds 
                to regions, local governments, and Indian tribes;
                    ``(E) if the applicant is a region--
                            ``(i) a precise geographical description of 
                        the region and a specification of all 
                        participating and nonparticipating local 
                        governments within the geographical area 
                        comprising that region;
                            ``(ii) a specification of what governmental 
                        entity within the region will administer the 
                        expenditure of funds under the covered grant; 
                        and
                            ``(iii) a designation of a specific 
                        individual to serve as regional liaison;
                    ``(F) a capital budget showing how the applicant 
                intends to allocate and expend the covered grant funds;
                    ``(G) if the applicant is a directly eligible 
                tribe, a designation of a specific individual to serve 
                as the tribal liaison; and
                    ``(H) a statement of how the applicant intends to 
                meet the matching requirement, if any, that applies 
                under section 1806(g)(2).
            ``(5) Regional applications.--
                    ``(A) Relationship to state applications.--A 
                regional application--
                            ``(i) shall be coordinated with an 
                        application submitted by the State or States of 
                        which such region is a part;
                            ``(ii) shall supplement and avoid 
                        duplication with such State application; and
                            ``(iii) shall address the unique regional 
                        aspects of such region's terrorism preparedness 
                        needs beyond those provided for in the 
                        application of such State or States.
                    ``(B) State review and submission.--To ensure the 
                consistency required under subsection (d) and the 
                coordination required under subparagraph (A) of this 
                paragraph, an applicant that is a region must submit 
                its application to each State of which any part is 
                included in the region for review and concurrence prior 
                to the submission of such application to the Secretary. 
                The regional application shall be transmitted to the 
                Secretary through each such State within 30 days of its 
                receipt, unless the Governor of such a State notifies 
                the Secretary, in writing, that such regional 
                application is inconsistent with the State's homeland 
                security plan and provides an explanation of the 
                reasons therefor.
                    ``(C) Distribution of regional awards.--If the 
                Secretary approves a regional application, then the 
                Secretary shall distribute a regional award to the 
                State or States submitting the applicable regional 
                application under subparagraph (B), and each such State 
                shall, not later than the end of the 45-day period 
                beginning on the date after receiving a regional award, 
                pass through to the region all covered grant funds or 
                resources purchased with such funds, except those funds 
                necessary for the State to carry out its 
                responsibilities with respect to such regional 
                application: Provided, That in no such case shall the 
                State or States pass through to the region less than 80 
                percent of the regional award.
                    ``(D) Certifications regarding distribution of 
                grant funds to regions.--Any State that receives a 
                regional award under subparagraph (C) shall certify to 
                the Secretary, by not later than 30 days after the 
                expiration of the period described in subparagraph (C) 
                with respect to the grant, that the State has made 
                available to the region the required funds and 
                resources in accordance with subparagraph (C).
                    ``(E) Direct payments to regions.--If any State 
                fails to pass through a regional award to a region as 
                required by subparagraph (C) within 45 days after 
                receiving such award and does not request or receive an 
                extension of such period under section 1806(h)(2), the 
                region may petition the Secretary to receive directly 
                the portion of the regional award that is required to 
                be passed through to such region under subparagraph 
                (C).
                    ``(F) Regional liaisons.--A regional liaison 
                designated under paragraph (4)(E)(iii) shall--
                            ``(i) coordinate with Federal, State, 
                        local, regional, and private officials within 
                        the region concerning terrorism preparedness;
                            ``(ii) develop a process for receiving 
                        input from Federal, State, local, regional, and 
                        private sector officials within the region to 
                        assist in the development of the regional 
                        application and to improve the region's access 
                        to covered grants; and
                            ``(iii) administer, in consultation with 
                        State, local, regional, and private officials 
                        within the region, covered grants awarded to 
                        the region.
            ``(6) Tribal applications.--
                    ``(A) Submission to the state or states.--To ensure 
                the consistency required under subsection (d), an 
                applicant that is a directly eligible tribe must submit 
                its application to each State within the boundaries of 
                which any part of such tribe is located for direct 
                submission to the Department along with the application 
                of such State or States.
                    ``(B) Opportunity for state comment.--Before 
                awarding any covered grant to a directly eligible 
                tribe, the Secretary shall provide an opportunity to 
                each State within the boundaries of which any part of 
                such tribe is located to comment to the Secretary on 
                the consistency of the tribe's application with the 
                State's homeland security plan. Any such comments shall 
                be submitted to the Secretary concurrently with the 
                submission of the State and tribal applications.
                    ``(C) Final authority.--The Secretary shall have 
                final authority to determine the consistency of any 
                application of a directly eligible tribe with the 
                applicable State homeland security plan or plans, and 
                to approve any application of such tribe. The Secretary 
                shall notify each State within the boundaries of which 
                any part of such tribe is located of the approval of an 
                application by such tribe.
                    ``(D) Tribal liaison.--A tribal liaison designated 
                under paragraph (4)(G) shall--
                            ``(i) coordinate with Federal, State, 
                        local, regional, and private officials 
                        concerning terrorism preparedness;
                            ``(ii) develop a process for receiving 
                        input from Federal, State, local, regional, and 
                        private sector officials to assist in the 
                        development of the application of such tribe 
                        and to improve the tribe's access to covered 
                        grants; and
                            ``(iii) administer, in consultation with 
                        State, local, regional, and private officials, 
                        covered grants awarded to such tribe.
                    ``(E) Limitation on the number of direct grants.--
                The Secretary may make covered grants directly to not 
                more than 20 directly eligible tribes per fiscal year.
                    ``(F) Tribes not receiving direct grants.--An 
                Indian tribe that does not receive a grant directly 
                under this section is eligible to receive funds under a 
                covered grant from the State or States within the 
                boundaries of which any part of such tribe is located, 
                consistent with the homeland security plan of the State 
                as described in subsection (c). If a State fails to 
                comply with section 1806(g)(1), the tribe may request 
                payment under section 1806(h)(3) in the same manner as 
                a local government.
            ``(7) Equipment standards.--If an applicant for a covered 
        grant proposes to upgrade or purchase, with assistance provided 
        under the grant, new equipment or systems that do not meet or 
        exceed any applicable national voluntary consensus standards 
        established by the Secretary, the applicant shall include in 
        the application an explanation of why such equipment or systems 
        will serve the needs of the applicant better than equipment or 
        systems that meet or exceed such standards.

``SEC. 1804. RISK-BASED EVALUATION AND PRIORITIZATION.

    ``(a) First Responder Grants Board.--
            ``(1) Establishment of board.--The Secretary shall 
        establish a First Responder Grants Board, consisting of--
                    ``(A) the Secretary;
                    ``(B) the Under Secretary for Emergency 
                Preparedness and Response;
                    ``(C) the Under Secretary for Border and 
                Transportation Security;
                    ``(D) the Under Secretary for Information Analysis 
                and Infrastructure Protection;
                    ``(E) the Under Secretary for Science and 
                Technology;
                    ``(F) the Director of the Office for Domestic 
                Preparedness;
                    ``(G) the Administrator of the United States Fire 
                Administration; and
                    ``(H) the Administrator of the Animal and Plant 
                Health Inspection Service.
            ``(2) Chairman.--
                    ``(A) In general.--The Secretary shall be the 
                Chairman of the Board.
                    ``(B) Exercise of authorities by deputy 
                secretary.--The Deputy Secretary of Homeland Security 
                may exercise the authorities of the Chairman, if the 
                Secretary so directs.
    ``(b) Functions of Under Secretaries.--The Under Secretaries 
referred to in subsection (a)(1) shall seek to ensure that the relevant 
expertise and input of the staff of their directorates are available to 
and considered by the Board.
    ``(c) Prioritization of Grant Applications.--
            ``(1) Factors to be considered.--The Board shall evaluate 
        and annually prioritize all pending applications for covered 
        grants based upon the degree to which they would, by achieving, 
        maintaining, or enhancing the essential capabilities of the 
        applicants on a nationwide basis, lessen the threat to, 
        vulnerability of, and consequences for persons (including 
        transient commuting and tourist populations) and critical 
        infrastructure. Such evaluation and prioritization shall be 
        based upon the most current risk assessment available by the 
        Directorate for Information Analysis and Infrastructure 
        Protection of the threats of terrorism against the United 
        States. The Board shall coordinate with State, local, regional, 
        and tribal officials in establishing criteria for evaluating 
        and prioritizing applications for covered grants.
            ``(2) Critical infrastructure sectors.--The Board 
        specifically shall consider threats of terrorism against the 
        following critical infrastructure sectors in all areas of the 
        United States, urban and rural:
                    ``(A) Agriculture and food.
                    ``(B) Banking and finance.
                    ``(C) Chemical industries.
                    ``(D) The defense industrial base.
                    ``(E) Emergency services.
                    ``(F) Energy.
                    ``(G) Government facilities.
                    ``(H) Postal and shipping.
                    ``(I) Public health and health care.
                    ``(J) Information technology.
                    ``(K) Telecommunications.
                    ``(L) Transportation systems.
                    ``(M) Water.
                    ``(N) Dams.
                    ``(O) Commercial facilities.
                    ``(P) National monuments and icons.
        The order in which the critical infrastructure sectors are 
        listed in this paragraph shall not be construed as an order of 
        priority for consideration of the importance of such sectors.
            ``(3) Types of threat.--The Board specifically shall 
        consider the following types of threat to the critical 
        infrastructure sectors described in paragraph (2), and to 
        populations in all areas of the United States, urban and rural:
                    ``(A) Biological threats.
                    ``(B) Nuclear threats.
                    ``(C) Radiological threats.
                    ``(D) Incendiary threats.
                    ``(E) Chemical threats.
                    ``(F) Explosives.
                    ``(G) Suicide bombers.
                    ``(H) Cyber threats.
                    ``(I) Any other threats based on proximity to 
                specific past acts of terrorism or the known activity 
                of any terrorist group.
        The order in which the types of threat are listed in this 
        paragraph shall not be construed as an order of priority for 
        consideration of the importance of such threats.
            ``(4) Consideration of additional factors.--The Board shall 
        take into account any other specific threat to a population 
        (including a transient commuting or tourist population) or 
        critical infrastructure sector that the Board has determined to 
        exist. In evaluating the threat to a population or critical 
        infrastructure sector, the Board shall give greater weight to 
        threats of terrorism based upon their specificity and 
        credibility, including any pattern of repetition.
            ``(5) Minimum amounts.--After evaluating and prioritizing 
        grant applications under paragraph (1), the Board shall ensure 
        that, for each fiscal year--
                    ``(A) each of the States, other than the Virgin 
                Islands, American Samoa, Guam, and the Northern Mariana 
                Islands, that has an approved State homeland security 
                plan receives no less than 0.25 percent of the funds 
                available for covered grants for that fiscal year for 
                purposes of implementing its homeland security plan in 
                accordance with the prioritization of needs under 
                section 1803(c)(1)(D);
                    ``(B) each of the States, other than the Virgin 
                Islands, American Samoa, Guam, and the Northern Mariana 
                Islands, that has an approved State homeland security 
                plan and that meets one or both of the additional high-
                risk qualifying criteria under paragraph (6) receives 
                no less than 0.45 percent of the funds available for 
                covered grants for that fiscal year for purposes of 
                implementing its homeland security plan in accordance 
                with the prioritization of needs under section 
                1803(c)(1)(D);
                    ``(C) the Virgin Islands, American Samoa, Guam, and 
                the Northern Mariana Islands each receives no less than 
                0.08 percent of the funds available for covered grants 
                for that fiscal year for purposes of implementing its 
                approved State homeland security plan in accordance 
                with the prioritization of needs under section 
                1803(c)(1)(D); and
                    ``(D) directly eligible tribes collectively receive 
                no less than 0.08 percent of the funds available for 
                covered grants for such fiscal year for purposes of 
                addressing the needs identified in the applications of 
                such tribes, consistent with the homeland security plan 
                of each State within the boundaries of which any part 
                of any such tribe is located, except that this clause 
                shall not apply with respect to funds available for a 
                fiscal year if the Secretary receives less than 5 
                applications for such fiscal year from such tribes 
                under section 1803(e)(6)(A) or does not approve at 
                least one such application.
            ``(6) Additional high-risk qualifying criteria.--For 
        purposes of paragraph (5)(B), additional high-risk qualifying 
        criteria consist of--
                    ``(A) having a significant international land 
                border; or
                    ``(B) adjoining a body of water within North 
                America through which an international boundary line 
                extends.
    ``(d) Effect of Regional Awards on State Minimum.--Any regional 
award, or portion thereof, provided to a State under section 
1803(e)(5)(C) shall not be considered in calculating the minimum State 
award under subsection (c)(5) of this section.

``SEC. 1805. TASK FORCE ON TERRORISM PREPAREDNESS FOR FIRST RESPONDERS.

    ``(a) Establishment.--To assist the Secretary in updating, 
revising, or replacing essential capabilities for terrorism 
preparedness, the Secretary shall establish an advisory body pursuant 
to section 871(a) not later than 60 days after the date of the 
enactment of this section, which shall be known as the Task Force on 
Terrorism Preparedness for First Responders.
    ``(b) Update, Revise, or Replace.--The Secretary shall regularly 
update, revise, or replace the essential capabilities for terrorism 
preparedness as necessary, but not less than every 3 years.
    ``(c) Report.--
            ``(1) In general.--The Task Force shall submit to the 
        Secretary, by not later than 12 months after its establishment 
        by the Secretary under subsection (a) and not later than every 
        2 years thereafter, a report on its recommendations for 
        essential capabilities for terrorism preparedness.
            ``(2) Contents.--Each report shall--
                    ``(A) include a priority ranking of essential 
                capabilities in order to provide guidance to the 
                Secretary and to the Congress on determining the 
                appropriate allocation of, and funding levels for, 
                first responder needs;
                    ``(B) set forth a methodology by which any State or 
                local government will be able to determine the extent 
                to which it possesses or has access to the essential 
                capabilities that States and local governments having 
                similar risks should obtain;
                    ``(C) describe the availability of national 
                voluntary consensus standards, and whether there is a 
                need for new national voluntary consensus standards, 
                with respect to first responder training and equipment;
                    ``(D) include such additional matters as the 
                Secretary may specify in order to further the terrorism 
                preparedness capabilities of first responders; and
                    ``(E) include such revisions to the contents of 
                previous reports as are necessary to take into account 
                changes in the most current risk assessment available 
                by the Directorate for Information Analysis and 
                Infrastructure Protection or other relevant information 
                as determined by the Secretary.
            ``(3) Consistency with federal working group.--The Task 
        Force shall ensure that its recommendations for essential 
        capabilities for terrorism preparedness are, to the extent 
        feasible, consistent with any preparedness goals or 
        recommendations of the Federal working group established under 
        section 319F(a) of the Public Health Service Act (42 U.S.C. 
        247d-6(a)).
            ``(4) Comprehensiveness.--The Task Force shall ensure that 
        its recommendations regarding essential capabilities for 
        terrorism preparedness are made within the context of a 
        comprehensive State emergency management system.
            ``(5) Prior measures.--The Task Force shall ensure that its 
        recommendations regarding essential capabilities for terrorism 
        preparedness take into account any capabilities that State or 
        local officials have determined to be essential and have 
        undertaken since September 11, 2001, to prevent, prepare for, 
        respond to, or recover from terrorist attacks.
    ``(d) Membership.--
            ``(1) In general.--The Task Force shall consist of 25 
        members appointed by the Secretary, and shall, to the extent 
        practicable, represent a geographic (including urban and rural) 
        and substantive cross section of governmental and 
        nongovernmental first responder disciplines from the State and 
        local levels, including as appropriate--
                    ``(A) members selected from the emergency response 
                field, including fire service and law enforcement, 
                hazardous materials response, emergency medical 
                services, and emergency management personnel (including 
                public works personnel routinely engaged in emergency 
                response);
                    ``(B) health scientists, emergency and inpatient 
                medical providers, and public health professionals, 
                including experts in emergency health care response to 
                chemical, biological, radiological, and nuclear 
                terrorism, and experts in providing mental health care 
                during emergency response operations;
                    ``(C) experts from Federal, State, and local 
                governments, and the private sector, representing 
                standards-setting organizations, including 
                representation from the voluntary consensus codes and 
                standards development community, particularly those 
                with expertise in first responder disciplines; and
                    ``(D) State and local officials with expertise in 
                terrorism preparedness, subject to the condition that 
                if any such official is an elected official 
                representing one of the two major political parties, an 
                equal number of elected officials shall be selected 
                from each such party.
            ``(2) Coordination with the department of health and health 
        services.--In the selection of members of the Task Force who 
        are health professionals, including emergency medical 
        professionals, the Secretary shall coordinate such selection 
        with the Secretary of Health and Human Services.
            ``(3) Ex officio members.--The Secretary and the Secretary 
        of Health and Human Services shall each designate one or more 
        officers of their respective Departments to serve as ex officio 
        members of the Task Force. One of the ex officio members from 
        the Department of Homeland Security shall be the designated 
        officer of the Federal Government for purposes of subsection 
        (e) of section 10 of the Federal Advisory Committee Act (5 
        U.S.C. App.).
    ``(e) Applicability of Federal Advisory Committee Act.--
Notwithstanding section 871(a), the Federal Advisory Committee Act (5 
U.S.C. App.), including subsections (a), (b), and (d) of section 10 of 
such Act, and section 552b(c) of title 5, United States Code, shall 
apply to the Task Force.

``SEC. 1806. USE OF FUNDS AND ACCOUNTABILITY REQUIREMENTS.

    ``(a) In General.--A covered grant may be used for--
            ``(1) purchasing or upgrading equipment, including computer 
        software, to enhance terrorism preparedness;
            ``(2) exercises to strengthen terrorism preparedness;
            ``(3) training for prevention (including detection) of, 
        preparedness for, response to, or recovery from attacks 
        involving weapons of mass destruction, including training in 
        the use of equipment and computer software;
            ``(4) developing or updating State homeland security plans, 
        risk assessments, mutual aid agreements, and emergency 
        management plans to enhance terrorism preparedness;
            ``(5) establishing or enhancing mechanisms for sharing 
        terrorism threat information;
            ``(6) systems architecture and engineering, program 
        planning and management, strategy formulation and strategic 
        planning, life-cycle systems design, product and technology 
        evaluation, and prototype development for terrorism 
        preparedness purposes;
            ``(7) additional personnel costs resulting from--
                    ``(A) elevations in the threat alert level of the 
                Homeland Security Advisory System by the Secretary, or 
                a similar elevation in threat alert level issued by a 
                State, region, or local government with the approval of 
                the Secretary;
                    ``(B) travel to and participation in exercises and 
                training in the use of equipment and on prevention 
                activities; and
                    ``(C) the temporary replacement of personnel during 
                any period of travel to and participation in exercises 
                and training in the use of equipment and on prevention 
                activities;
            ``(8) the costs of equipment (including software) required 
        to receive, transmit, handle, and store classified information;
            ``(9) protecting critical infrastructure against potential 
        attack by the addition of barriers, fences, gates, and other 
        such devices, except that the cost of such measures may not 
        exceed the greater of--
                    ``(A) $1,000,000 per project; or
                    ``(B) such greater amount as may be approved by the 
                Secretary, which may not exceed 10 percent of the total 
                amount of the covered grant;
            ``(10) the costs of commercially available interoperable 
        communications equipment (which, where applicable, is based on 
        national, voluntary consensus standards) that the Secretary, in 
        consultation with the Chairman of the Federal Communications 
        Commission, deems best suited to facilitate interoperability, 
        coordination, and integration between and among emergency 
        communications systems, and that complies with prevailing grant 
        guidance of the Department for interoperable communications;
            ``(11) educational curricula development for first 
        responders to ensure that they are prepared for terrorist 
        attacks;
            ``(12) training and exercises to assist public elementary 
        and secondary schools in developing and implementing programs 
        to instruct students regarding age-appropriate skills to 
        prevent, prepare for, respond to, mitigate against, or recover 
        from an act of terrorism;
            ``(13) paying of administrative expenses directly related 
        to administration of the grant, except that such expenses may 
        not exceed 3 percent of the amount of the grant;
            ``(14) paying for the conduct of any activity permitted 
        under the Law Enforcement Terrorism Prevention Program, or any 
        such successor to such program; and
            ``(15) other appropriate activities as determined by the 
        Secretary.
    ``(b) Prohibited Uses.--Funds provided as a covered grant may not 
be used--
            ``(1) to supplant State or local funds;
            ``(2) to construct buildings or other physical facilities;
            ``(3) to acquire land; or
            ``(4) for any State or local government cost sharing 
        contribution.
    ``(c) Multiple-Purpose Funds.--Nothing in this section shall be 
construed to preclude State and local governments from using covered 
grant funds in a manner that also enhances first responder preparedness 
for emergencies and disasters unrelated to acts of terrorism, if such 
use assists such governments in achieving essential capabilities for 
terrorism preparedness established by the Secretary.
    ``(d) Reimbursement of Costs.--(1) In addition to the activities 
described in subsection (a), a covered grant may be used to provide a 
reasonable stipend to paid-on-call or volunteer first responders who 
are not otherwise compensated for travel to or participation in 
training covered by this section. Any such reimbursement shall not be 
considered compensation for purposes of rendering such a first 
responder an employee under the Fair Labor Standards Act of 1938 (29 
U.S.C. 201 et seq.).
    ``(2) An applicant for a covered grant may petition the Secretary 
for the reimbursement of the cost of any activity relating to 
prevention (including detection) of, preparedness for, response to, or 
recovery from acts of terrorism that is a Federal duty and usually 
performed by a Federal agency, and that is being performed by a State 
or local government (or both) under agreement with a Federal agency.
    ``(e) Assistance Requirement.--The Secretary may not require that 
equipment paid for, wholly or in part, with funds provided as a covered 
grant be made available for responding to emergencies in surrounding 
States, regions, and localities, unless the Secretary undertakes to pay 
the costs directly attributable to transporting and operating such 
equipment during such response.
    ``(f) Flexibility in Unspent Homeland Security Grant Funds.--Upon 
request by the recipient of a covered grant, the Secretary may 
authorize the grantee to transfer all or part of funds provided as the 
covered grant from uses specified in the grant agreement to other uses 
authorized under this section, if the Secretary determines that such 
transfer is in the interests of homeland security.
    ``(g) State, Regional, and Tribal Responsibilities.--
            ``(1) Pass-through.--The Secretary shall require a 
        recipient of a covered grant that is a State to obligate or 
        otherwise make available to local governments, first 
        responders, and other local groups, to the extent required 
        under the State homeland security plan or plans specified in 
        the application for the grant, not less than 80 percent of the 
        grant funds, resources purchased with the grant funds having a 
        value equal to at least 80 percent of the amount of the grant, 
        or a combination thereof, by not later than the end of the 45-
        day period beginning on the date the grant recipient receives 
        the grant funds.
            ``(2) Cost sharing.--
                    ``(A) In general.--The Federal share of the costs 
                of an activity carried out with a covered grant to a 
                State, region, or directly eligible tribe awarded after 
                the 2-year period beginning on the date of the 
                enactment of this section shall not exceed 75 percent.
                    ``(B) Interim rule.--The Federal share of the costs 
                of an activity carried out with a covered grant awarded 
                before the end of the 2-year period beginning on the 
                date of the enactment of this section shall be 100 
                percent.
                    ``(C) In-kind matching.--Each recipient of a 
                covered grant may meet the matching requirement under 
                subparagraph (A) by making in-kind contributions of 
                goods or services that are directly linked with the 
                purpose for which the grant is made, including, but not 
                limited to, any necessary personnel overtime, 
                contractor services, administrative costs, equipment 
                fuel and maintenance, and rental space.
            ``(3) Certifications regarding distribution of grant funds 
        to local governments.--Any State that receives a covered grant 
        shall certify to the Secretary, by not later than 30 days after 
        the expiration of the period described in paragraph (1) with 
        respect to the grant, that the State has made available for 
        expenditure by local governments, first responders, and other 
        local groups the required amount of grant funds pursuant to 
        paragraph (1).
            ``(4) Quarterly report on homeland security spending.--The 
        Federal share described in paragraph (2)(A) may be increased by 
        up to 2 percent for any State, region, or directly eligible 
        tribe that, not later than 30 days after the end of each fiscal 
        quarter, submits to the Secretary a report on that fiscal 
        quarter. Each such report must include, for each recipient of a 
        covered grant or a pass-through under paragraph (1)--
                    ``(A) the amount obligated to that recipient in 
                that quarter;
                    ``(B) the amount expended by that recipient in that 
                quarter; and
                    ``(C) a summary description of the items purchased 
                by such recipient with such amount.
            ``(5) Annual report on homeland security spending.--Each 
        recipient of a covered grant shall submit an annual report to 
        the Secretary not later than 60 days after the end of each 
        Federal fiscal year. Each recipient of a covered grant that is 
        a region must simultaneously submit its report to each State of 
        which any part is included in the region. Each recipient of a 
        covered grant that is a directly eligible tribe must 
        simultaneously submit its report to each State within the 
        boundaries of which any part of such tribe is located. Each 
        report must include the following:
                    ``(A) The amount, ultimate recipients, and dates of 
                receipt of all funds received under the grant during 
                the previous fiscal year.
                    ``(B) The amount and the dates of disbursements of 
                all such funds expended in compliance with paragraph 
                (1) or pursuant to mutual aid agreements or other 
                sharing arrangements that apply within the State, 
                region, or directly eligible tribe, as applicable, 
                during the previous fiscal year.
                    ``(C) How the funds were utilized by each ultimate 
                recipient or beneficiary during the preceding fiscal 
                year.
                    ``(D) The extent to which essential capabilities 
                identified in the applicable State homeland security 
                plan or plans were achieved, maintained, or enhanced as 
                the result of the expenditure of grant funds during the 
                preceding fiscal year.
                    ``(E) The extent to which essential capabilities 
                identified in the applicable State homeland security 
                plan or plans remain unmet.
            ``(6) Inclusion of restricted annexes.--A recipient of a 
        covered grant may submit to the Secretary an annex to the 
        annual report under paragraph (5) that is subject to 
        appropriate handling restrictions, if the recipient believes 
        that discussion in the report of unmet needs would reveal 
        sensitive but unclassified information.
            ``(7) Provision of reports.--The Secretary shall ensure 
        that each annual report under paragraph (5) is provided to the 
        Under Secretary for Emergency Preparedness and Response and the 
        Director of the Office for Domestic Preparedness.
    ``(h) Incentives to Efficient Administration of Homeland Security 
Grants.--
            ``(1) Penalties for delay in passing through local share.--
        If a recipient of a covered grant that is a State fails to pass 
        through to local governments, first responders, and other local 
        groups funds or resources required by subsection (g)(1) within 
        45 days after receiving funds under the grant, the Secretary 
        may--
                    ``(A) reduce grant payments to the grant recipient 
                from the portion of grant funds that is not required to 
                be passed through under subsection (g)(1);
                    ``(B) terminate payment of funds under the grant to 
                the recipient, and transfer the appropriate portion of 
                those funds directly to local first responders that 
                were intended to receive funding under that grant; or
                    ``(C) impose additional restrictions or burdens on 
                the recipient's use of funds under the grant, which may 
                include--
                            ``(i) prohibiting use of such funds to pay 
                        the grant recipient's grant-related overtime or 
                        other expenses;
                            ``(ii) requiring the grant recipient to 
                        distribute to local government beneficiaries 
                        all or a portion of grant funds that are not 
                        required to be passed through under subsection 
                        (g)(1); or
                            ``(iii) for each day that the grant 
                        recipient fails to pass through funds or 
                        resources in accordance with subsection (g)(1), 
                        reducing grant payments to the grant recipient 
                        from the portion of grant funds that is not 
                        required to be passed through under subsection 
                        (g)(1), except that the total amount of such 
                        reduction may not exceed 20 percent of the 
                        total amount of the grant.
            ``(2) Extension of period.--The Governor of a State may 
        request in writing that the Secretary extend the 45-day period 
        under section 1803(e)(5)(E) or paragraph (1) for an additional 
        15-day period. The Secretary may approve such a request, and 
        may extend such period for additional 15-day periods, if the 
        Secretary determines that the resulting delay in providing 
        grant funding to the local government entities that will 
        receive funding under the grant will not have a significant 
        detrimental impact on such entities' terrorism preparedness 
        efforts.
            ``(3) Provision of non-local share to local government.--
                    ``(A) In general.--The Secretary may upon request 
                by a local government pay to the local government a 
                portion of the amount of a covered grant awarded to a 
                State in which the local government is located, if--
                            ``(i) the local government will use the 
                        amount paid to expedite planned enhancements to 
                        its terrorism preparedness as described in any 
                        applicable State homeland security plan or 
                        plans;
                            ``(ii) the State has failed to pass through 
                        funds or resources in accordance with 
                        subsection (g)(1); and
                            ``(iii) the local government complies with 
                        subparagraphs (B) and (C).
                    ``(B) Showing required.--To receive a payment under 
                this paragraph, a local government must demonstrate 
                that--
                            ``(i) it is identified explicitly as an 
                        ultimate recipient or intended beneficiary in 
                        the approved grant application;
                            ``(ii) it was intended by the grantee to 
                        receive a severable portion of the overall 
                        grant for a specific purpose that is identified 
                        in the grant application;
                            ``(iii) it petitioned the grantee for the 
                        funds or resources after expiration of the 
                        period within which the funds or resources were 
                        required to be passed through under subsection 
                        (g)(1); and
                            ``(iv) it did not receive the portion of 
                        the overall grant that was earmarked or 
                        designated for its use or benefit.
                    ``(C) Effect of payment.--Payment of grant funds to 
                a local government under this paragraph--
                            ``(i) shall not affect any payment to 
                        another local government under this paragraph; 
                        and
                            ``(ii) shall not prejudice consideration of 
                        a request for payment under this paragraph that 
                        is submitted by another local government.
                    ``(D) Deadline for action by secretary.--The 
                Secretary shall approve or disapprove each request for 
                payment under this paragraph by not later than 15 days 
                after the date the request is received by the 
                Department.
    ``(i) Reports to Congress.--The Secretary shall submit an annual 
report to the Congress by January 31 of each year covering the 
preceding fiscal year--
            ``(1) describing in detail the amount of Federal funds 
        provided as covered grants that were directed to each State, 
        region, and directly eligible tribe in the preceding fiscal 
        year;
            ``(2) containing information on the use of such grant funds 
        by grantees; and
            ``(3) describing--
                    ``(A) the Nation's progress in achieving, 
                maintaining, and enhancing the essential capabilities 
                established by the Secretary as a result of the 
                expenditure of covered grant funds during the preceding 
                fiscal year; and
                    ``(B) an estimate of the amount of expenditures 
                required to attain across the United States the 
                essential capabilities established by the Secretary.

``SEC. 1807. NATIONAL STANDARDS FOR FIRST RESPONDER EQUIPMENT AND 
              TRAINING.

    ``(a) Equipment Standards.--
            ``(1) In general.--The Secretary, in consultation with the 
        Under Secretaries for Emergency Preparedness and Response and 
        Science and Technology and the Director of the Office for 
        Domestic Preparedness, shall, not later than 6 months after the 
        date of enactment of this section, support the development of, 
        promulgate, and update as necessary national voluntary 
        consensus standards for the performance, use, and validation of 
        first responder equipment for purposes of section 1805(e)(7). 
        Such standards--
                    ``(A) shall be, to the maximum extent practicable, 
                consistent with any existing voluntary consensus 
                standards;
                    ``(B) shall take into account, as appropriate, new 
                types of terrorism threats that may not have been 
                contemplated when such existing standards were 
                developed;
                    ``(C) shall be focused on maximizing 
                interoperability, interchangeability, durability, 
                flexibility, efficiency, efficacy, portability, 
                sustainability, and safety; and
                    ``(D) shall cover all appropriate uses of the 
                equipment.
            ``(2) Required categories.--In carrying out paragraph (1), 
        the Secretary shall specifically consider the following 
        categories of first responder equipment:
                    ``(A) Thermal imaging equipment.
                    ``(B) Radiation detection and analysis equipment.
                    ``(C) Biological detection and analysis equipment.
                    ``(D) Chemical detection and analysis equipment.
                    ``(E) Decontamination and sterilization equipment.
                    ``(F) Personal protective equipment, including 
                garments, boots, gloves, and hoods and other protective 
                clothing.
                    ``(G) Respiratory protection equipment.
                    ``(H) Interoperable communications, including 
                wireless and wireline voice, video, and data networks.
                    ``(I) Explosive mitigation devices and explosive 
                detection and analysis equipment.
                    ``(J) Containment vessels.
                    ``(K) Contaminant-resistant vehicles.
                    ``(L) Such other equipment for which the Secretary 
                determines that national voluntary consensus standards 
                would be appropriate.
    ``(b) Training Standards.--
            ``(1) In general.--The Secretary, in consultation with the 
        Under Secretaries for Emergency Preparedness and Response and 
        Science and Technology and the Director of the Office for 
        Domestic Preparedness, shall support the development of, 
        promulgate, and regularly update as necessary national 
        voluntary consensus standards for first responder training 
        carried out with amounts provided under covered grant programs, 
        that will enable State and local government first responders to 
        achieve optimal levels of terrorism preparedness as quickly as 
        practicable. Such standards shall give priority to providing 
        training to--
                    ``(A) enable first responders to prevent, prepare 
                for, respond to, mitigate against, and recover from 
                terrorist threats, including threats from chemical, 
                biological, nuclear, and radiological weapons and 
                explosive devices capable of inflicting significant 
                human casualties; and
                    ``(B) familiarize first responders with the proper 
                use of equipment, including software, developed 
                pursuant to the standards established under subsection 
                (a).
            ``(2) Required categories.--In carrying out paragraph (1), 
        the Secretary specifically shall include the following 
        categories of first responder activities:
                    ``(A) Regional planning.
                    ``(B) Joint exercises.
                    ``(C) Intelligence collection, analysis, and 
                sharing.
                    ``(D) Emergency notification of affected 
                populations.
                    ``(E) Detection of biological, nuclear, 
                radiological, and chemical weapons of mass destruction.
                    ``(F) Such other activities for which the Secretary 
                determines that national voluntary consensus training 
                standards would be appropriate.
            ``(3) Consistency.--In carrying out this subsection, the 
        Secretary shall ensure that such training standards are 
        consistent with the principles of emergency preparedness for 
        all hazards.
    ``(c) Consultation With Standards Organizations.--In establishing 
national voluntary consensus standards for first responder equipment 
and training under this section, the Secretary shall consult with 
relevant public and private sector groups, including--
            ``(1) the National Institute of Standards and Technology;
            ``(2) the National Fire Protection Association;
            ``(3) the National Association of County and City Health 
        Officials;
            ``(4) the Association of State and Territorial Health 
        Officials;
            ``(5) the American National Standards Institute;
            ``(6) the National Institute of Justice;
            ``(7) the Inter-Agency Board for Equipment Standardization 
        and Interoperability;
            ``(8) the National Public Health Performance Standards 
        Program;
            ``(9) the National Institute for Occupational Safety and 
        Health;
            ``(10) ASTM International;
            ``(11) the International Safety Equipment Association;
            ``(12) the Emergency Management Accreditation Program; and
            ``(13) to the extent the Secretary considers appropriate, 
        other national voluntary consensus standards development 
        organizations, other interested Federal, State, and local 
        agencies, and other interested persons.
    ``(d) Coordination With Secretary of HHS.--In establishing any 
national voluntary consensus standards under this section for first 
responder equipment or training that involve or relate to health 
professionals, including emergency medical professionals, the Secretary 
shall coordinate activities under this section with the Secretary of 
Health and Human Services.''.
    (b) Definition of Emergency Response Providers.--Paragraph (6) of 
section 2 of the Homeland Security Act of 2002 (Public Law 107-296; 6 
U.S.C. 101(6)) is amended by striking ``includes'' and all that follows 
and inserting ``includes Federal, State, and local governmental and 
nongovernmental emergency public safety, law enforcement, fire, 
emergency response, emergency medical (including hospital emergency 
facilities), and related personnel, organizations, agencies, and 
authorities.''.

SEC. 129. OVERSIGHT.

    The Secretary of Homeland Security shall establish within the 
Office for Domestic Preparedness an Office of the Comptroller to 
oversee the grants distribution process and the financial management of 
the Office for Domestic Preparedness.

SEC. 130. GAO REPORT ON AN INVENTORY AND STATUS OF HOMELAND SECURITY 
              FIRST RESPONDER TRAINING.

    (a) In General.--The Comptroller General of the United States shall 
report to the Congress in accordance with this section--
            (1) on the overall inventory and status of first responder 
        training programs of the Department of Homeland Security and 
        other departments and agencies of the Federal Government; and
            (2) the extent to which such programs are coordinated.
    (b) Contents of Reports.--The reports under this section shall 
include--
            (1) an assessment of the effectiveness of the structure and 
        organization of such training programs;
            (2) recommendations to--
                    (A) improve the coordination, structure, and 
                organization of such training programs; and
                    (B) increase the availability of training to first 
                responders who are not able to attend centralized 
                training programs;
            (3) the structure and organizational effectiveness of such 
        programs for first responders in rural communities;
            (4) identification of any duplication or redundancy among 
        such programs;
            (5) a description of the use of State and local training 
        institutions, universities, centers, and the National Domestic 
        Preparedness Consortium in designing and providing training;
            (6) a cost-benefit analysis of the costs and time required 
        for first responders to participate in training courses at 
        Federal institutions;
            (7) an assessment of the approval process for certifying 
        non-Department of Homeland Security training courses that are 
        useful for anti-terrorism purposes as eligible for grants 
        awarded by the Department;
            (8) a description of the use of Department of Homeland 
        Security grant funds by States and local governments to acquire 
        training;
            (9) an analysis of the feasibility of Federal, State, and 
        local personnel to receive the training that is necessary to 
        adopt the National Response Plan and the National Incident 
        Management System; and
            (10) the role of each first responder training institution 
        within the Department of Homeland Security in the design and 
        implementation of terrorism preparedness and related training 
        courses for first responders.
    (c) Deadlines.--The Comptroller General shall--
            (1) submit a report under subsection (a)(1) by not later 
        than 60 days after the date of the enactment of this Act; and
            (2) submit a report on the remainder of the topics required 
        by this section by not later than 120 days after the date of 
        the enactment of this Act.

SEC. 131. REMOVAL OF CIVIL LIABILITY BARRIERS THAT DISCOURAGE THE 
              DONATION OF FIRE EQUIPMENT TO VOLUNTEER FIRE COMPANIES.

    (a) Liability Protection.--A person who donates fire control or 
fire 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 fire control or 
        fire rescue equipment.
    (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) 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.
            (4) 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.
    (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. 132. REPORT BY ATTORNEY GENERAL.

    (a) Reports on Data-Mining Activities.--
            (1) Requirement for report.--The Attorney General shall 
        collect the information described in paragraph (2) from the 
        head of each department or agency of the Federal Government 
        that is engaged in any activity to use or develop data-mining 
        technology and shall report to Congress on all such activities.
            (2) Content of report.--A report submitted under paragraph 
        (1) shall include, for each activity to use or develop data-
        mining technology that is required to be covered by the report, 
        the following information:
                    (A) A thorough description of the data-mining 
                technology and the data that will be used.
                    (B) A thorough discussion of the plans for the use 
                of such technology and the target dates for the 
                deployment of the data-mining technology.
                    (C) An assessment of the likely efficacy of the 
                data-mining technology in providing accurate and 
                valuable information consistent with the stated plans 
                for the use of the technology.
                    (D) An assessment of the likely impact of the 
                implementation of the data-mining technology on privacy 
                and civil liberties.
                    (E) A list and analysis of the laws and regulations 
                that govern the information to be collected, reviewed, 
                gathered, and analyzed with the data-mining technology 
                and a description of any modifications of such laws 
                that will be required to use the information in the 
                manner proposed under such program.
                    (F) A thorough discussion of the policies, 
                procedures, and guidelines that are to be developed and 
                applied in the use of such technology for data-mining 
                in order to--
                            (i) protect the privacy and due process 
                        rights of individuals; and
                            (ii) ensure that only accurate information 
                        is collected and used.
                    (G) A thorough discussion of the procedures 
                allowing individuals whose personal information will be 
                used in the data-mining technology to be informed of 
                the use of their personal information and what 
                procedures are in place to allow for individuals to opt 
                out of the technology. If no such procedures are in 
                place, a thorough explanation as to why not.
                    (H) Any necessary classified information in an 
                annex that shall be available to the Committee on the 
                Judiciary of both the Senate and the House of 
                Representatives.
            (3) Time for report.--The report required under paragraph 
        (1) shall be--
                    (A) submitted not later than 180 days after the 
                date of enactment of this Act; and
                    (B) updated once a year to include any new data-
                mining technologies.
    (b) Definitions.--In this section:
            (1) Data-mining.--The term ``data-mining'' means a query or 
        search or other analysis of 1 or more electronic databases, 
        where--
                    (A) at least 1 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 a specific individual's 
                personal identifiers to acquire information concerning 
                that individual; 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 without payment of a fee, or databases of judicial and 
        administrative opinions.

SEC. 133. 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.

             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. TERRORIST OFFENSE RESULTING IN DEATH.

    (a) New Offense.--Chapter 113B of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 2339E. Terrorist offenses resulting in death
    ``(a) Whoever, in the course of committing a terrorist offense, 
engages in conduct that results in the death of a person, shall be 
punished by death or imprisoned for any term of years or for life.
    ``(b) As used in this section, the term `terrorist offense' means--
            ``(1) a Federal felony offense that is--
                    ``(A) a Federal crime of terrorism as defined in 
                section 2332b(g) except to the extent such crime is an 
                offense under section 1363; or
                    ``(B) an offense under this chapter, section 175, 
                175b, 229, or 831, or section 236 of the Atomic Energy 
                Act of 1954; or
            ``(2) a Federal offense that is an attempt or conspiracy to 
        commit an offense described in paragraph (1).''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 113B of title 18, United States Code, is amended by adding at 
the end the following new item:

``2339E. Terrorist offenses resulting in death.''.

SEC. 212. DENIAL OF FEDERAL BENEFITS TO TERRORISTS.

    (a) In General.--Chapter 113B of title 18, United States Code, as 
amended by section 211 of this subtitle, is further amended by adding 
at the end the following:
``Sec. 2339F. Denial of Federal benefits to terrorists
    ``(a) An individual or corporation who is convicted of a terrorist 
offense (as defined in section 2339E) shall, as provided by the court 
on motion of the Government, be ineligible for any or all Federal 
benefits for any term of years or for life.
    ``(b) As used in this section, the term `Federal benefit' has the 
meaning given that term in section 421(d) of the Controlled Substances 
Act, and also includes any assistance or benefit described in section 
115(a) of the Personal Responsibility and Work Opportunity 
Reconciliation Act of 1996, with the same limitations and to the same 
extent as provided in section 115 of that Act with respect to denials 
of benefits and assistance to which that section applies.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
the chapter 113B of title 18, United States Code, as amended by section 
211 of this subtitle, is further amended by adding at the end the 
following new item:

``2339E. Denial of federal benefits to terrorists.''.

SEC. 213. DEATH PENALTY PROCEDURES FOR CERTAIN AIR PIRACY CASES 
              OCCURRING BEFORE ENACTMENT OF THE FEDERAL DEATH PENALTY 
              ACT OF 1994.

    Section 60003 of the Violent Crime Control and Law Enforcement Act 
of 1994, (Public Law 103-322), is amended, as of the time of its 
enactment, by adding at the end the following:
    ``(c) Death Penalty Procedures for Certain Previous Aircraft Piracy 
Violations.--An individual convicted of violating section 46502 of 
title 49, United States Code, or its predecessor, may be sentenced to 
death in accordance with the procedures established in chapter 228 of 
title 18, United States Code, if for any offense committed before the 
enactment of the Violent Crime Control and Law Enforcement Act of 1994 
(Public Law 103-322), but after the enactment of the Antihijacking Act 
of 1974 (Public Law 93-366), it is determined by the finder of fact, 
before consideration of the factors set forth in sections 3591(a)(2) 
and 3592(a) and (c) of title 18, United States Code, that one or more 
of the factors set forth in former section 46503(c)(2) of title 49, 
United States Code, or its predecessor, has been proven by the 
Government to exist, beyond a reasonable doubt, and that none of the 
factors set forth in former section 46503(c)(1) of title 49, United 
States Code, or its predecessor, has been proven by the defendant to 
exist, by a preponderance of the information. The meaning of the term 
`especially heinous, cruel, or depraved', as used in the factor set 
forth in former section 46503(c)(2)(B)(iv) of title 49, United States 
Code, or its predecessor, shall be narrowed by adding the limiting 
language `in that it involved torture or serious physical abuse to the 
victim', and shall be construed as when that term is used in section 
3592(c)(6) of title 18, United States Code.''.

SEC. 214. ENSURING DEATH PENALTY FOR TERRORIST OFFENSES WHICH CREATE 
              GRAVE RISK OF DEATH.

    (a) Addition of Terrorism to Death Penalty Offenses not Resulting 
in Death.--Section 3591(a)(1) of title 18, United States Code, is 
amended by inserting ``, section 2339E,'' after ``section 794''.
    (b) Modification of Aggravating Factors for Terrorism Offenses.--
Section 3592(b) of title 18, United States Code, is amended--
            (1) in the heading, by inserting ``, terrorism,'' after 
        ``espionage''; and
            (2) by inserting immediately after paragraph (3) the 
        following:
            ``(4) Substantial planning.--The defendant committed the 
        offense after substantial planning.''.

SEC. 215. POSTRELEASE SUPERVISION OF TERRORISTS.

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

 Subtitle B--Prevention of Terrorist Access to Destructive Weapons Act

SEC. 221. DEATH PENALTY FOR CERTAIN TERROR RELATED CRIMES.

    (a) Participation in Nuclear and Weapons of Mass Destruction 
Threats to the United States.--Section 832(c) of title 18, United 
States Code, is amended by inserting ``punished by death or'' after 
``shall be''.
    (b) Missile Systems to Destroy Aircraft.--Section 2332g(c)(3) of 
title 18, United States Code, is amended by inserting ``punished by 
death or'' after ``shall be''.
    (c) Atomic Weapons.--Section 222b.of the Atomic Energy Act of 1954 
(42 U.S.C. 2272) is amended by inserting ``death or'' before 
``imprisonment for life''.
    (d) Radiological Dispersal Devices.--Section 2332h(c)(3) of title 
18, United States Code, is amended by inserting ``death or'' before 
``imprisonment for life''.
    (e) Variola Virus.--Section 175c(c)(3) of title 18, United States 
Code, is amended by inserting ``death or'' before ``imprisonment for 
life''.

              Subtitle C--Federal Death Penalty Procedures

SEC. 231. MODIFICATION OF DEATH PENALTY PROVISIONS.

    (a) Elimination of Procedures Applicable Only to Certain Controlled 
Substances Act Cases.--Section 408 of the Controlled Substances Act (21 
U.S.C. 848) is amended--
            (1) in subsection (e)(2), by striking ``(1)(b)'' and 
        inserting (1)(B);
            (2) by striking subsection (g) and all that follows through 
        subsection (p);
            (3) by striking subsection (r); and
            (4) in subsection (q), by striking paragraphs (1) through 
        (3).
    (b) Modification of Mitigating Factors.--Section 3592(a)(4) of 
title 18, United States Code, is amended--
            (1) by striking ``Another'' and inserting ``The Government 
        could have, but has not, sought the death penalty against 
        another''; and
            (2) by striking ``, will not be punished by death''.
    (c) Modification of Aggravating Factors for Offenses Resulting in 
Death.--Section 3592(c) of title 18, United States Code, is amended--
            (1) in paragraph (7), by inserting ``or by creating the 
        expectation of payment,'' after ``or promise of payment,'';
            (2) in paragraph (1), by inserting ``section 2339E 
        (terrorist offenses resulting in death),'' after 
        ``destruction),'';
            (3) by inserting immediately after paragraph (16) the 
        following:
            ``(17) Obstruction of justice.--The defendant engaged in 
        any conduct resulting in the death of another person in order 
        to obstruct investigation or prosecution of any offense.''.
    (d) Additional Ground for Impaneling New Jury.--Section 3593(b)(2) 
of title 18, United States Code, is amended--
            (1) by striking ``or'' at the end of subparagraph (C);
            (2) by inserting after subparagraph (D) the following:
                    ``(E) a new penalty hearing is necessary due to the 
                inability of the jury to reach a unanimous penalty 
                verdict as required by section 3593(e); or''.
    (e) Juries of Less Than 12 Members.--Subsection (b) of section 3593 
of title 18, United States Code, is amended by striking ``unless'' and 
all that follows through the end of the subsection and inserting 
``unless the court finds good cause, or the parties stipulate, with the 
approval of the court, a lesser number.''.
    (f) Impaneling of New Jury When Unanimous Recommendation Cannot Be 
Reached.--Section 3594 of title 18, United States Code, is amended by 
inserting after the first sentence the following: ``If the jury is 
unable to reach any unanimous recommendation under section 3593(e), the 
court, upon motion by the Government, may impanel a jury under section 
3593(b)(2)(E) for a new sentencing hearing.''.
    (g) Peremptory Challenges.--Rule 24(c) of the Federal Rules of 
Criminal Procedure is amended--
            (1) in paragraph (1), by striking ``6'' and inserting 
        ``9''; and
            (2) in paragraph (4), by adding at the end the following:
                    ``(C) Seven, eight or nine alternates.--Four 
                additional peremptory challenges are permitted when 
                seven, eight, or nine alternates are impaneled.''.

     TITLE III--REDUCING CRIME AND TERRORISM AT AMERICA'S SEAPORTS

SEC. 301. SHORT TITLE.

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

SEC. 302. ENTRY BY FALSE PRETENSES TO ANY SEAPORT.

    (a) In General.--Section 1036 of title 18, United States Code, is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (2), by striking ``or'' at the 
                end;
                    (B) by redesignating paragraph (3) as paragraph 
                (4); and
                    (C) by inserting after paragraph (2) the following:
            ``(3) any secure or restricted area of any seaport, 
        designated as secure in an approved security plan, as required 
        under section 70103 of title 46, United States Code, and the 
        rules and regulations promulgated under that section; or'';
            (2) in subsection (b)(1), by striking ``5 years'' and 
        inserting ``10 years'';
            (3) in subsection (c)(1), by inserting ``, captain of the 
        seaport,'' after ``airport authority''; and
            (4) by striking the section heading and inserting the 
        following:
``Sec. 1036. Entry by false pretenses to any real property, vessel, or 
              aircraft of the United States or secure area of any 
              airport or seaport''.
    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 47 of title 18 is amended by striking the matter relating to 
section 1036 and inserting the following:

``1036. Entry by false pretenses to any real property, vessel, or 
                            aircraft of the United States or secure 
                            area of any airport or seaport.''.
    (c) Definition of Seaport.--Chapter 1 of title 18, United States 
Code, is amended by adding at the end the following:
``Sec. 26. Definition of seaport
    ``As used in this title, the term `seaport' means all piers, 
wharves, docks, and similar structures, adjacent to any waters subject 
to the jurisdiction of the United States, to which a vessel may be 
secured, including areas of land, water, or land and water under and in 
immediate proximity to such structures, buildings on or contiguous to 
such structures, and the equipment and materials on such structures or 
in such buildings.''.
    (d) Technical and Conforming Amendment.--The table of sections for 
chapter 1 of title 18 is amended by inserting after the matter relating 
to section 25 the following:

``26. Definition of seaport.''.

SEC. 303. CRIMINAL SANCTIONS FOR FAILURE TO HEAVE TO, OBSTRUCTION OF 
              BOARDING, OR PROVIDING FALSE INFORMATION.

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

``2237. Criminal sanctions for failure to heave to, obstruction of 
                            boarding, or providing false 
                            information.''.

SEC. 304. USE OF A DANGEROUS WEAPON OR EXPLOSIVE ON A PASSENGER VESSEL.

    Section 1993 of title 18, United States Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by inserting ``, passenger 
                vessel,'' after ``transportation vehicle'';
                    (B) in paragraphs (2)--
                            (i) by inserting ``, passenger vessel,'' 
                        after ``transportation vehicle''; and
                            (ii) by inserting ``or owner of the 
                        passenger vessel'' after ``transportation 
                        provider'' each place that term appears;
                    (C) in paragraph (3)--
                            (i) by inserting ``, passenger vessel,'' 
                        after ``transportation vehicle'' each place 
                        that term appears; and
                            (ii) by inserting ``or owner of the 
                        passenger vessel'' after ``transportation 
                        provider'' each place that term appears;
                    (D) in paragraph (5)--
                            (i) by inserting ``, passenger vessel,'' 
                        after ``transportation vehicle''; and
                            (ii) by inserting ``or owner of the 
                        passenger vessel'' after ``transportation 
                        provider''; and
                    (E) in paragraph (6), by inserting ``or owner of a 
                passenger vessel'' after ``transportation provider'' 
                each place that term appears;
            (2) in subsection (b)(1), by inserting ``, passenger 
        vessel,'' after ``transportation vehicle''; and
            (3) in subsection (c)--
                    (A) by redesignating paragraph (6) through (8) as 
                paragraphs (7) through (9); and
                    (B) by inserting after paragraph (5) the following:
            ``(6) the term `passenger vessel' has the meaning given 
        that term in section 2101(22) of title 46, United States Code, 
        and includes a small passenger vessel, as that term is defined 
        under section 2101(35) of that title.''.

SEC. 305. CRIMINAL SANCTIONS FOR VIOLENCE AGAINST MARITIME NAVIGATION, 
              PLACEMENT OF DESTRUCTIVE DEVICES.

    (a) 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:
``Sec. 2282A. Devices or dangerous substances in waters of the United 
              States likely to destroy or damage Ships or to interfere 
              with maritime commerce
    ``(a) A person who knowingly places, or causes to be placed, in 
navigable waters of the United States, by any means, a device or 
dangerous substance which is likely to destroy or cause damage to a 
vessel or its cargo, cause interference with the safe navigation of 
vessels, or interference with maritime commerce (such as by damaging or 
destroying marine terminals, facilities, or any other marine structure 
or entity used in maritime commerce) with the intent of causing such 
destruction or damage, interference with the safe navigation of 
vessels, or interference with maritime commerce shall be fined under 
this title or imprisoned for any term of years, or for life; or both.
    ``(b) A person who causes the death of any person by engaging in 
conduct prohibited under subsection (a) may be punished by death.
    ``(c) Nothing in this section shall be construed to apply to 
otherwise lawfully authorized and conducted activities of the United 
States Government.
    ``(d) In this section:
            ``(1) The term `dangerous substance' means any solid, 
        liquid, or gaseous material that has the capacity to cause 
        damage to a vessel or its cargo, or cause interference with the 
        safe navigation of a vessel.
            ``(2) The term `device' means any object that, because of 
        its physical, mechanical, structural, or chemical properties, 
        has the capacity to cause damage to a vessel or its cargo, or 
        cause interference with the safe navigation of a vessel.''.
            (2) Conforming amendment.--The table of sections for 
        chapter 111 of title 18, United States Code, as amended by 
        subsection (b), is further amended by adding after the item 
        related to section 2282 the following:

``2282A. Devices or dangerous substances in waters of the United States 
                            likely to destroy or damage ships or to 
                            interfere with maritime commerce.''.
    (b) Violence Against Maritime Navigation.--
            (1) In general.--Chapter 111 of title 18, United States 
        Code as amended by subsections (a) and (c), is further amended 
        by adding at the end the following:
``Sec. 2282B. Violence against aids to maritime navigation
    ``Whoever intentionally destroys, seriously damages, alters, moves, 
or tampers with any aid to maritime navigation maintained by the Saint 
Lawrence Seaway Development Corporation under the authority of section 
4 of the Act of May 13, 1954 (33 U.S.C. 984), by the Coast Guard 
pursuant to section 81 of title 14, United States Code, or lawfully 
maintained under authority granted by the Coast Guard pursuant to 
section 83 of title 14, United States Code, if such act endangers or is 
likely to endanger the safe navigation of a ship, shall be fined under 
this title or imprisoned for not more than 20 years.''.
            (2) Conforming amendment.--The table of sections for 
        chapter 111 of title 18, United States Code, as amended by 
        subsections (b) and (d) is further amended by adding after the 
        item related to section 2282A the following:

``2282B. Violence against aids to maritime navigation.''.

SEC. 306. TRANSPORTATION OF DANGEROUS MATERIALS AND TERRORISTS.

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

``2283. Transportation of explosive, chemical, biological, or 
                            radioactive or nuclear materials.
``2284. Transportation of terrorists.''.

SEC. 307. DESTRUCTION OF, OR INTERFERENCE WITH, VESSELS OR MARITIME 
              FACILITIES.

    (a) In General.--Title 18, United States Code, is amended by 
inserting after chapter 111 the following:

   ``CHAPTER 111A--DESTRUCTION OF, OR INTERFERENCE WITH, VESSELS OR 
                          MARITIME FACILITIES

``Sec.
``2290. Jurisdiction and scope.
``2291. Destruction of vessel or maritime facility.
``2292. Imparting or conveying false information.
``Sec. 2290. Jurisdiction and scope
    ``(a) Jurisdiction.--There is jurisdiction, including 
extraterritorial jurisdiction, over an offense under this chapter if 
the prohibited activity takes place--
            ``(1) within the United States and within waters subject to 
        the jurisdiction of the United States; or
            ``(2) outside United States and--
                    ``(A) an offender or a victim is a national of the 
                United States (as that term is defined under section 
                101(a)(22) of the Immigration and Nationality Act (8 
                U.S.C. 1101(a)(22)); or
                    ``(B) the activity involves a vessel of the United 
                States (as that term is defined under section 2 of the 
                Maritime Drug Law Enforcement Act (46 U.S.C. App. 
                1903).
    ``(b) Scope.--Nothing in this chapter shall apply to otherwise 
lawful activities carried out by or at the direction of the United 
States Government.
``Sec. 2291. Destruction of vessel or maritime facility
    ``(a) Offense.--Whoever intentionally--
            ``(1) sets fire to, damages, destroys, disables, or wrecks 
        any vessel;
            ``(2) places or causes to be placed a destructive device, 
        as defined in section 921(a)(4), destructive substance, as 
        defined in section 31(a)(3), or an explosive, as defined in 
        section 844(j) in, upon, or near, or otherwise makes or causes 
        to be made unworkable or unusable or hazardous to work or use, 
        any vessel, or any part or other materials used or intended to 
        be used in connection with the operation of a vessel;
            ``(3) sets fire to, damages, destroys, or disables or 
        places a destructive device or substance in, upon, or near, any 
        maritime facility, including any aid to navigation, lock, 
        canal, or vessel traffic service facility or equipment;
            ``(4) interferes by force or violence with the operation of 
        any maritime facility, including any aid to navigation, lock, 
        canal, or vessel traffic service facility or equipment, if such 
        action is likely to endanger the safety of any vessel in 
        navigation;
            ``(5) sets fire to, damages, destroys, or disables or 
        places a destructive device or substance in, upon, or near, any 
        appliance, structure, property, machine, or apparatus, or any 
        facility or other material used, or intended to be used, in 
        connection with the operation, maintenance, loading, unloading, 
        or storage of any vessel or any passenger or cargo carried or 
        intended to be carried on any vessel;
            ``(6) performs an act of violence against or incapacitates 
        any individual on any vessel, if such act of violence or 
        incapacitation is likely to endanger the safety of the vessel 
        or those on board;
            ``(7) performs an act of violence against a person that 
        causes or is likely to cause serious bodily injury, as defined 
        in section 1365(h)(3), in, upon, or near, any appliance, 
        structure, property, machine, or apparatus, or any facility or 
        other material used, or intended to be used, in connection with 
        the operation, maintenance, loading, unloading, or storage of 
        any vessel or any passenger or cargo carried or intended to be 
        carried on any vessel;
            ``(8) communicates information, knowing the information to 
        be false and under circumstances in which such information may 
        reasonably be believed, thereby endangering the safety of any 
        vessel in navigation; or
            ``(9) attempts or conspires to do anything prohibited under 
        paragraphs (1) through (8),
shall be fined under this title or imprisoned not more than 30 years, 
or both.
    ``(b) Limitation.--Subsection (a) shall not apply to any person 
that is engaging in otherwise lawful activity, such as normal repair 
and salvage activities, and the transportation of hazardous materials 
regulated and allowed to be transported under chapter 51 of title 49.
    ``(c) Penalty.--Whoever is fined or imprisoned under subsection (a) 
as a result of an act involving a vessel that, at the time of the 
violation, carried high-level radioactive waste (as that term is 
defined in section 2(12) of the Nuclear Waste Policy Act of 1982 (42 
U.S.C. 10101(12)) or spent nuclear fuel (as that term is defined in 
section 2(23) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 
10101(23)), shall be fined under this title, imprisoned for a term up 
to life, or both.
    ``(d) Death Penalty.--If the death of any individual results from 
an offense under subsection (a) the offender shall be punished by death 
or imprisonment for any term or years or for life.
    ``(e) Threats.--Whoever knowingly imparts or conveys any threat to 
do an act which would violate this chapter, with an apparent 
determination and will to carry the threat into execution, shall be 
fined under this title or imprisoned not more than 5 years, or both, 
and is liable for all costs incurred as a result of such threat.
``Sec. 2292. Imparting or conveying false information
    ``(a) In General.--Whoever imparts or conveys or causes to be 
imparted or conveyed false information, knowing the information to be 
false, concerning an attempt or alleged attempt being made or to be 
made, to do any act that would be a crime prohibited by this chapter or 
by chapter 111 of this title, shall be subject to a civil penalty of 
not more than $5,000, which shall be recoverable in a civil action 
brought in the name of the United States.
    ``(b) Malicious Conduct.--Whoever knowingly, or with reckless 
disregard for the safety of human life, imparts or conveys or causes to 
be imparted or conveyed false information, knowing the information to 
be false, concerning an attempt or alleged attempt to do any act which 
would be a crime prohibited by this chapter or by chapter 111 of this 
title, shall be fined under this title or imprisoned not more than 5 
years.''.
    (c) Conforming Amendment.--The table of chapters at the beginning 
of title 18, United States Code, is amended by inserting after the item 
for chapter 111 the following:

``111A. Destruction of, or interference with, vessels or        2290''.
                            maritime facilities.

SEC. 308. THEFT OF INTERSTATE OR FOREIGN SHIPMENTS OR VESSELS.

    (a) Theft of Interstate or Foreign Shipments.--Section 659 of title 
18, United States Code, is amended--
            (1) in the first undesignated paragraph--
                    (A) by inserting ``trailer,'' after 
                ``motortruck,'';
                    (B) by inserting ``air cargo container,'' after 
                ``aircraft,''; and
                    (C) by inserting ``, or from any intermodal 
                container, trailer, container freight station, 
                warehouse, or freight consolidation facility,'' after 
                ``air navigation facility'';
            (2) in the fifth undesignated paragraph, by striking ``in 
        each case'' and all that follows through ``or both'' the second 
        place it appears and inserting ``be fined under this title or 
        imprisoned not more than 15 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 5 years, or both''; and
            (3) by inserting after the first sentence in the eighth 
        undesignated paragraph the following: ``For purposes of this 
        section, goods and chattel shall be construed to be moving as 
        an interstate or foreign shipment at all points between the 
        point of origin and the final destination (as evidenced by the 
        waybill or other shipping document of the shipment), regardless 
        of any temporary stop while awaiting transshipment or 
        otherwise.''.
    (b) Stolen Vessels.--
            (1) In general.--Section 2311 of title 18, United States 
        Code, is amended by adding at the end the following:
```Vessel' means any watercraft or other contrivance used or designed 
for transportation or navigation on, under, or immediately above, 
water.''.
            (2) Transportation and sale of stolen vessels.--
                    (A) Transportation.--Section 2312 of title 18, 
                United States Code, is amended--
                            (i) by striking ``motor vehicle or 
                        aircraft'' and inserting ``motor vehicle, 
                        vessel, or aircraft''; and
                            (ii) by striking ``10 years'' and inserting 
                        ``15 years''.
                    (B) Sale.--Section 2313(a) of title 18, United 
                States Code, is amended--
                            (i) by striking ``motor vehicle or 
                        aircraft'' and inserting ``motor vehicle, 
                        vessel, or aircraft''; and
                            (ii) by striking ``10 years'' and inserting 
                        ``15 years''.
    (c) Review of Sentencing Guidelines.--Pursuant to section 994 of 
title 28, United States Code, the United States Sentencing Commission 
shall review the Federal Sentencing Guidelines to determine whether 
sentencing enhancement is appropriate for any offense under section 659 
or 2311 of title 18, United States Code, as amended by this title.
    (d) Annual Report of Law Enforcement Activities.--The Attorney 
General shall annually submit to Congress a report, which shall include 
an evaluation of law enforcement activities relating to the 
investigation and prosecution of offenses under section 659 of title 
18, United States Code, as amended by this title.
    (e) Reporting of Cargo Theft.--The Attorney General shall take the 
steps necessary to ensure that reports of cargo theft collected by 
Federal, State, and local officials are reflected as a separate 
category in the Uniform Crime Reporting System, or any successor 
system, by no later than December 31, 2006.

SEC. 309. INCREASED PENALTIES FOR NONCOMPLIANCE WITH MANIFEST 
              REQUIREMENTS.

    (a) Reporting, Entry, Clearance Requirements.--Section 436(b) of 
the Tariff Act of 1930 (19 U.S.C. 1436(b)) is amended by--
            (1) striking ``or aircraft pilot'' and inserting ``aircraft 
        pilot, operator, owner of such vessel, vehicle or aircraft, or 
        any other responsible party (including non-vessel operating 
        common carriers)'';
            (2) striking ``$5,000'' and inserting ``$10,000''; and
            (3) striking ``$10,000'' and inserting ``$25,000''.
    (b) Criminal Penalty.--Section 436(c) of the Tariff Act of 1930 (19 
U.S.C. 1436(c)) is amended--
            (1) by striking ``or aircraft pilot'' and inserting 
        ``aircraft pilot, operator, owner of such vessel, vehicle, or 
        aircraft, or any other responsible party (including non-vessel 
        operating common carriers)''; and
            (2) by striking ``$2,000'' and inserting ``$10,000''.
    (c) Falsity or Lack of Manifest.--Section 584(a)(1) of the Tariff 
Act of 1930 (19 U.S.C. 1584(a)(1)) is amended by striking ``$1,000'' in 
each place it occurs and inserting ``$10,000''.

SEC. 310. STOWAWAYS ON VESSELS OR AIRCRAFT.

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

SEC. 311. BRIBERY AFFECTING PORT SECURITY.

    (a) In General.--Chapter 11 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 226. Bribery affecting port security
    ``(a) In General.--Whoever knowingly--
            ``(1) directly or indirectly, corruptly gives, offers, or 
        promises anything of value to any public or private person, 
        with intent to commit international terrorism or domestic 
        terrorism (as those terms are defined under section 2331), to--
                    ``(A) influence any action or any person to commit 
                or aid in committing, or collude in, or allow, any 
                fraud, or make opportunity for the commission of any 
                fraud affecting any secure or restricted area or 
                seaport; or
                    ``(B) induce any official or person to do or omit 
                to do any act in violation of the lawful duty of such 
                official or person that affects any secure or 
                restricted area or seaport; or
            ``(2) directly or indirectly, corruptly demands, seeks, 
        receives, accepts, or agrees to receive or accept anything of 
        value personally or for any other person or entity in return 
        for--
                    ``(A) being influenced in the performance of any 
                official act affecting any secure or restricted area or 
                seaport; and
                    ``(B) knowing that such influence will be used to 
                commit, or plan to commit, international or domestic 
                terrorism,
shall be fined under this title or imprisoned not more than 20 years, 
or both.
    ``(b) Definition.--In this section, the term `secure or restricted 
area' means an area of a vessel or facility designated as secure in an 
approved security plan, as required under section 70103 of title 46, 
United States Code, and the rules and regulations promulgated under 
that section.''.
    (b) Conforming Amendment.--The table of sections for chapter 11 of 
title 18, United States Code, is amended by adding at the end the 
following:

``226. Bribery affecting port security.''.

SEC. 312. PENALTIES FOR SMUGGLING GOODS INTO THE UNITED STATES.

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

SEC. 313. SMUGGLING GOODS FROM THE UNITED STATES.

    (a) In General.--Chapter 27 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 554. Smuggling goods from the United States
    ``(a) In General.--Whoever fraudulently or knowingly exports or 
sends from the United States, or attempts to export or send from the 
United States, any merchandise, article, or object contrary to any law 
or regulation of the United States, or receives, conceals, buys, sells, 
or in any manner facilitates the transportation, concealment, or sale 
of such merchandise, article or object, prior to exportation, knowing 
the same to be intended for exportation contrary to any law or 
regulation of the United States, shall be fined under this title, 
imprisoned not more than 10 years, or both.
    ``(b) Definition.--In this section, the term `United States' has 
the meaning given that term in section 545.''.
    (b) Conforming Amendment.--The chapter analysis for chapter 27 of 
title 18, United States Code, is amended by adding at the end the 
following:

``554. Smuggling goods from the United States.''.
    (c) Specified Unlawful Activity.--Section 1956(c)(7)(D) of title 
18, United States Code, is amended by inserting ``section 554 (relating 
to smuggling goods from the United States),'' before ``section 641 
(relating to public money, property, or records),''.
    (d) Tariff Act of 1990.--Section 596 of the Tariff Act of 1930 (19 
U.S.C. 1595a) is amended by adding at the end the following:
    ``(d) Merchandise exported or sent from the United States or 
attempted to be exported or sent from the United States contrary to 
law, or the proceeds or value thereof, and property used to facilitate 
the receipt, purchase, transportation, concealment, or sale of such 
merchandise prior to exportation shall be forfeited to the United 
States.''.
    (e) Removing Goods From Customs Custody.--Section 549 of title 18, 
United States Code, is amended in the 5th paragraph by striking ``two 
years'' and inserting ``10 years''.

                TITLE IV--COMBATING TERRORISM FINANCING

SEC. 401. SHORT TITLE.

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

SEC. 402. INCREASED PENALTIES FOR TERRORISM FINANCING.

    Section 206 of the International Emergency Economic Powers Act (50 
U.S.C. 1705) is amended--
            (1) in subsection (a), by deleting ``$10,000'' and 
        inserting ``$50,000''.
            (2) in subsection (b), by deleting ``ten years'' and 
        inserting ``twenty years''.

SEC. 403. TERRORISM-RELATED SPECIFIED ACTIVITIES FOR MONEY LAUNDERING.

    (a) Amendments to RICO.--Section 1961(1) of title 18, United States 
Code, is amended--
            (1) in subparagraph (B), by inserting ``section 1960 
        (relating to illegal money transmitters),'' before ``sections 
        2251''; and
            (2) in subparagraph (F), by inserting ``section 274A 
        (relating to unlawful employment of aliens),'' before ``section 
        277''.
    (b) Amendments to Section 1956(c)(7).--Section 1956(c)(7)(D) of 
title 18, United States Code, is amended by--
            (1) inserting ``, or section 2339C (relating to financing 
        of terrorism)'' before ``of this title''; and
            (2) striking ``or any felony violation of the Foreign 
        Corrupt Practices Act'' and inserting ``any felony violation of 
        the Foreign Corrupt Practices Act, or any violation of section 
        208 of the Social Security Act (relating to obtaining funds 
        through misuse of a social security number)''.
    (c) Conforming Amendments to Sections 1956(e) and 1957(e).--
            (1) Section 1956(e) of title 18, United States Code, is 
        amended to read as follows:
    ``(e) Violations of this section may be investigated by such 
components of the Department of Justice as the Attorney General may 
direct, and by such components of the Department of the Treasury as the 
Secretary of the Treasury may direct, as appropriate, and, with respect 
to offenses over which the Department of Homeland Security has 
jurisdiction, by such components of the Department of Homeland Security 
as the Secretary of Homeland Security may direct, and, with respect to 
offenses over which the United States Postal Service has jurisdiction, 
by the Postal Service. Such authority of the Secretary of the Treasury, 
the Secretary of Homeland Security, and the Postal Service shall be 
exercised in accordance with an agreement which shall be entered into 
by the Secretary of the Treasury, the Secretary of Homeland Security, 
the Postal Service, and the Attorney General. Violations of this 
section involving offenses described in paragraph (c)(7)(E) may be 
investigated by such components of the Department of Justice as the 
Attorney General may direct, and the National Enforcement 
Investigations Center of the Environmental Protection Agency.''.
            (2) Section 1957(e) of title 18, United States Code, is 
        amended to read as follows:
    ``(e) Violations of this section may be investigated by such 
components of the Department of Justice as the Attorney General may 
direct, and by such components of the Department of the Treasury as the 
Secretary of the Treasury may direct, as appropriate, and, with respect 
to offenses over which the Department of Homeland Security has 
jurisdiction, by such components of the Department of Homeland Security 
as the Secretary of Homeland Security may direct, and, with respect to 
offenses over which the United States Postal Service has jurisdiction, 
by the Postal Service. Such authority of the Secretary of the Treasury, 
the Secretary of Homeland Security, and the Postal Service shall be 
exercised in accordance with an agreement which shall be entered into 
by the Secretary of the Treasury, the Secretary of Homeland Security, 
the Postal Service, and the Attorney General.''.

SEC. 404. ASSETS OF PERSONS COMMITTING TERRORIST ACTS AGAINST FOREIGN 
              COUNTRIES OR INTERNATIONAL ORGANIZATIONS.

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

SEC. 405. MONEY LAUNDERING THROUGH HAWALAS.

    Section 1956 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(j)(1) For the purposes of subsections (a)(1) and (a)(2), a 
transaction, transportation, transmission, or transfer of funds shall 
be considered to be one involving the proceeds of specified unlawful 
activity, if the transaction, transportation, transmission, or transfer 
is part of a set of parallel or dependent transactions, any one of 
which involves the proceeds of specified unlawful activity.
    ``(2) As used in this section, a `dependent transaction' is one 
that completes or complements another transaction or one that would not 
have occurred but for another transaction.''.

SEC. 406. TECHNICAL AND CONFORMING AMENDMENTS RELATING TO THE USA 
              PATRIOT ACT.

    (a) Technical Corrections.--
            (1) Section 322 of Public Law 107-56 is amended by striking 
        ``title 18'' and inserting ``title 28''.
            (2) Section 5332(a)(1) of title 31, United States Code, is 
        amended by striking ``article of luggage'' and inserting 
        ``article of luggage or mail''.
            (3) Section 1956(b)(3) and (4) of title 18, United States 
        Code, are amended by striking ``described in paragraph (2)'' 
        each time it appears; and
            (4) Section 981(k) of title 18, United States Code, is 
        amended by striking ``foreign bank'' each time it appears and 
        inserting ``foreign bank or financial institution''.
    (b) Codification of Section 316 of the USA PATRIOT Act.--
            (1) Chapter 46 of title 18, United States Code, is 
        amended--
                    (A) by inserting at the end the following:
``Sec. 987. Anti-terrorist forfeiture protection
    ``(a) Right to Contest.--An owner of property that is confiscated 
under this chapter or any other provision of law relating to the 
confiscation of assets of suspected international terrorists, may 
contest that confiscation by filing a claim in the manner set forth in 
the Federal Rules of Civil Procedure (Supplemental Rules for Certain 
Admiralty and Maritime Claims), and asserting as an affirmative defense 
that--
            ``(1) the property is not subject to confiscation under 
        such provision of law; or
            ``(2) the innocent owner provisions of section 983(d) apply 
        to the case.
    ``(b) Evidence.--In considering a claim filed under this section, a 
court may admit evidence that is otherwise inadmissible under the 
Federal Rules of Evidence, if the court determines that the evidence is 
reliable, and that compliance with the Federal Rules of Evidence may 
jeopardize the national security interests of the United States.
    ``(c) Clarifications.--
            ``(1) Protection of rights.--The exclusion of certain 
        provisions of Federal law from the definition of the term 
        `civil forfeiture statute' in section 983(i) shall not be 
        construed to deny an owner of property the right to contest the 
        confiscation of assets of suspected international terrorists 
        under--
                    ``(A) subsection (a) of this section;
                    ``(B) the Constitution; or
                    ``(C) subchapter II of chapter 5 of title 5, United 
                States Code (commonly known as the `Administrative 
                Procedure Act').
            ``(2) Savings clause.--Nothing in this section shall limit 
        or otherwise affect any other remedies that may be available to 
        an owner of property under section 983 or any other provision 
        of law.''; and
                    (B) in the chapter analysis, by inserting at the 
                end the following:

``987. Anti-terrorist forfeiture protection.''.
            (2) Subsections (a), (b), and (c) of section 316 of Public 
        Law 107-56 are repealed.
    (c) Conforming Amendments Concerning Conspiracies.--
            (1) Section 33(a) of title 18, United States Code is 
        amended by inserting ``or conspires'' before ``to do any of the 
        aforesaid acts''.
            (2) Section 1366(a) of title 18, United States Code, is 
        amended--
                    (A) by striking ``attempts'' each time it appears 
                and inserting ``attempts or conspires''; and
                    (B) by inserting ``, or if the object of the 
                conspiracy had been achieved,'' after ``the attempted 
                offense had been completed''.

SEC. 407. TECHNICAL CORRECTIONS TO FINANCING OF TERRORISM STATUTE.

    Section 2332b(g)(5)(B) of title 18, United States Code, is amended 
by inserting ``)'' after ``2339C (relating to financing of terrorism''.

SEC. 408. CROSS REFERENCE CORRECTION.

    Section 5318(n)(4)(A) of title 31, United States Code, is amended 
by striking ``National Intelligence Reform Act of 2004'' and inserting 
``Intelligence Reform and Terrorism Prevention Act of 2004''.

SEC. 409. AMENDMENT TO AMENDATORY LANGUAGE.

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

SEC. 410. DESIGNATION OF ADDITIONAL MONEY LAUNDERING PREDICATE.

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

            Passed the House of Representatives July 21, 2005.

            Attest:

                                                                 Clerk.