[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.