[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                  S. 3

        To strengthen and protect America in the war on terror.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 24, 2005

Mr. Gregg (for himself, Mr. Frist, Mr. Sessions, Mr. DeWine, Mr. Allen, 
 Mr. Santorum, Mr. McConnell, and Mr. DeMint) introduced the following 
  bill; which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
        To strengthen and protect America in the war on terror.

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

SECTION 1. SHORT TITLE.

    (a) Short Title.--This Act may be cited as the ``Protecting America 
in the War on Terror Act of 2005''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title.
                        TITLE I--BIOPREPAREDNESS

Sec. 101. Short title.
                    Subtitle A--Product Development

             Chapter 1--Partnering With the Private Sector

Sec. 111. Expansion of countermeasures covered by BioShield.
Sec. 112. Enhancing availability of private and international sector 
                            financing.
Sec. 113. Restoration of patent term.
Sec. 114. International harmonization of regulations.
Sec. 115. Development of additional animal models.
Sec. 116. Collaboration and coordination.
               Chapter 2--Ensuring Regulatory Efficiency

Sec. 121. Commission on Countermeasure and Vaccine Regulation.
Sec. 122. Technical assistance.
Sec. 123. Requirement to fully inform.
Sec. 125. Accelerated approval of countermeasures or vaccines.
Sec. 126. National uniformity for approved products.
                     Subtitle B--Litigation Reform

   Chapter 1--Protection for Countermeasures and Products Protecting 
             Against Pandemics, Epidemics, and Bioterrorism

Sec. 131. Liability protections for pandemics, epidemics, and 
                            countermeasures.
             Chapter 2--Vaccine Injury Compensation Program

Sec. 141. Vaccine injury compensation and vaccine litigation reform.
Sec. 142. Modifications to vaccines for children program.
 Chapter 3--Encouraging Vaccine and Countermeasure Production Capacity

Sec. 151. Incentives for the construction of vaccine and countermeasure 
                            manufacturing facilities.
Sec. 152. Credit for medical research related to developing vaccines or 
                            countermeasures.
Sec. 153. Grants to construct and improve research and development and 
                            manufacturing of countermeasures or 
                            vaccines.
Sec. 154. Revenue recognition for adult and pediatric vaccines and 
                            other countermeasures against potential 
                            acts of terrorism.
                 Subtitle C--Public Health Preparedness

                     Chapter 1--Capacity To Respond

Sec. 171. Pandemic influenza preparedness and response plan.
Sec. 172. National Notifiable Disease Surveillance Program.
Sec. 173. Enhancing critical capacity for illness detection.
Sec. 174. Evaluation of public health capacity outcomes.
Sec. 175. Nonimmigrant health screening.
Sec. 176. Inspection, screening, and quarantining of live animals.
Sec. 177. Authority to procure aircraft.
                   Chapter 2--Public Health Workforce

Sec. 181. Public health workforce scholarship and loan repayment 
                            program.
                    Chapter 3--Preparedness Updates

Sec. 191. Report on preparedness.
Sec. 192. Enhancing global response capabilities.
 TITLE II--INCREASED BENEFITS FOR FAMILIES OF DECEASED MEMBERS OF THE 
                             ARMED FORCES.

Sec. 201. Increase in death gratuity payable with respect to deaths of 
                            members of the armed forces from combat-
                            related causes or from service in operation 
                            Enduring Freedom or Iraqi Freedom.
Sec. 202. Increase in automatic maximum coverage under servicemembers' 
                            group life insurance and veterans' group 
                            life insurance.
Sec. 203. Increased period of continued Tricare coverage of children of 
                            members of the uniformed services who die 
                            while serving on active duty for a period 
                            of more than 30 days.
          TITLE III--HOMELAND SECURITY TECHNOLOGY IMPROVEMENT

Sec. 301. Short title.
Sec. 302. Homeland security transfer program.
                  TITLE IV--ANTITERRORISM IMPROVEMENTS

     Subtitle A--Denial of Federal Benefits to Convicted Terrorists

Sec. 401. Denial of Federal benefits to convicted terrorists.
              Subtitle B--Streamlined Information Sharing

Sec. 411. Uniform standards for information sharing across Federal 
                            agencies.
Sec. 412. Authorization to share national-security information with 
                            State and local governments.
             Subtitle C--Protecting Critical Infrastructure

Sec. 421. Attacks against railroad carriers, passenger vessels, and 
                            mass transportation systems.
Sec. 422. Entry by false pretenses to any seaport.
Sec. 423. Criminal sanctions for failure to heave to, obstruction of 
                            boarding, or providing false information.
Sec. 424. Criminal sanctions for violence against maritime navigation, 
                            placement of destructive devices, and 
                            malicious dumping.
Sec. 425. Transportation of dangerous materials and terrorists.
Sec. 426. Destruction or interference with vessels or maritime 
                            facilities.
Sec. 427. Theft of interstate or foreign shipments or vessels.
Sec. 428. Increased penalties for noncompliance with manifest 
                            requirements.
Sec. 429. Stowaways on vessels or aircraft.
Sec. 430. Bribery affecting port security.

                        TITLE I--BIOPREPAREDNESS

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Biopreparedness Act of 2005''.

                    Subtitle A--Product Development

             CHAPTER 1--PARTNERING WITH THE PRIVATE SECTOR

SEC. 111. EXPANSION OF COUNTERMEASURES COVERED BY BIOSHIELD.

    Section 319F-1(a) of the Public Health Service Act (42 U.S.C. 247d-
6a(a))is amended by striking paragraph (2) and inserting the following:
            ``(2) Definitions.--In this section:
                    ``(A) Qualified countermeasure.--The term 
                `qualified countermeasure' means a drug (as that term 
                is defined by section 201(g)(1) of the Federal Food, 
                Drug, and Cosmetic Act (21 U.S.C. 321(g)(1))), 
                biological product (as that term is defined by section 
                351(i) of this Act (42 U.S.C. 262(i))), device (as that 
                term is defined by section 201(h) of the Federal Food, 
                Drug, and Cosmetic Act (21 U.S.C. 321(h))), detection 
                technology, or research tool that the Secretary 
                determines to be a priority (consistent with sections 
                302(2) and 304(a) of the Homeland Security Act of 2002) 
                to--
                            ``(i) treat, identify, detect or prevent 
                        harm from any biological (including an 
                        infectious disease), chemical, radiological, or 
                        nuclear agent that may cause a public health 
                        emergency affecting national security; or
                            ``(ii) treat, identify, detect or prevent 
                        harm from a condition that may result in 
                        adverse health consequences or death and may be 
                        caused by administering a drug, biological 
                        product, device, detection technology or 
                        research tool that is used as described in this 
                        subparagraph.
                    ``(B) Detection technology.--The term `detection 
                technology' means a technology device and its use for 
                the detection of the presence, concentration, or 
                characteristics of a biological (including an 
                infectious disease), chemical, or radiological agent in 
                environmental or field samples.
                    ``(C) Research tool.--The term `research tool' 
                includes the full range of tools that scientists may 
                use in the laboratory to enable the rapid and effective 
                development of countermeasures, including diagnostics, 
                vaccines, and drugs.
                    ``(D) Infectious disease.--
                            ``(i) In general.--The term `infectious 
                        disease' means a disease in humans caused by a 
                        pathogenic organism (including a bacteria, 
                        virus, fungus, or parasite) that is acquired by 
                        a person and that reproduces in that person.
                            (ii) Clarification.--The term `infectious 
                        disease' includes a pathogenic organism whether 
                        or not such pathogenic organism is acquired by 
                        an individual through human-to-human contact or 
                        if the individual is initially symptomatic of 
                        the disease.''.

SEC. 112. ENHANCING AVAILABILITY OF PRIVATE AND INTERNATIONAL SECTOR 
              FINANCING.

    Not later than 12 months after the date of enactment of this Act, 
the Secretary of Health and Human Services shall submit to the 
appropriate committees of Congress recommendations concerning the 
necessity and feasibility of establishing mechanisms through which the 
United States may accept contributions or guarantees from private 
organizations, international health agencies, and non-governmental 
organizations to enhance the procurement or development of qualified 
countermeasures (as such term is defined in section 319F-1 of the 
Public Health Service Act (42 U.S.C. 247d-6a(a)).

SEC. 113. RESTORATION OF PATENT TERM.

    (a) Purpose.--The purpose of this section is to provide patent 
incentives to certain entities to protect inventions from expropriation 
by competitors and to provide an incentive for capital formation to 
fund countermeasures and vaccine research.
    (b) Limitation.--A private entity may utilize the patent term 
protection and exclusive marketing provisions described in this title 
for countermeasures if such private entity is an entity certified under 
section 1812(d) of the Homeland Security Act of 2002.
    (c) Restoration of Patent Terms Relating to Countermeasures and 
Vaccines.--
            (1) In general.--Chapter 14 of title 35, United States 
        Code, is amended by inserting after section 156 the following:
``Sec. 156a. Restoration of patent terms relating to countermeasures 
              and vaccines
    ``(a) Definitions.--In this section, the term--
            ``(1) `countermeasure product' means a countermeasure, as 
        that term is defined in section 319F-1 of the Public Health 
        Service Act, that is also a new drug, antibiotic drug, human 
        biological product or medical device, as those terms are used 
        in the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et 
        seq.) and the Public Health Service Act (42 U.S.C. 201 et 
        seq.));
            ``(2) `regulatory review period' means the period of time 
        that--
                    ``(A) starts on the date that is the later of--
                            ``(i) the date that an eligible patent 
                        sought to be extended under this section is 
                        issued;
                            ``(ii) the date that an exemption under 
                        section 505(i) of the Federal Food, Drug, and 
                        Cosmetic Act (21 U.S.C. 355(i)) became 
                        effective for the product; or
                            ``(iii) the date on which an 
                        investigational device exemption is approved 
                        pursuant to section 501 of the Federal Food, 
                        Drug and Cosmetic Act;
                    ``(B) ends on the date that is--
                            ``(i) in the case of a drug or antibiotic 
                        drug, the date on which an application 
                        submitted for such drug or antibiotic under 
                        section 505(b) of the Federal Food, Drug, and 
                        Cosmetic Act (21 U.S.C. 355(b)) is approved;
                            ``(ii) in the case of a biologic, the date 
                        on which an application submitted under section 
                        351 of the Public Health Service Act (42 U.S.C. 
                        262) is approved; or
                            ``(iii) in the case of a medical device, 
                        the date on which an application submitted for 
                        such device under section 513 of the Federal 
                        Food, Drug, and Cosmetic Act (21 U.S.C. 360c) 
                        is approved; and
            ``(3) `eligible patent' means a patent that--
                    ``(A)(i) claims a countermeasure product that has 
                been successfully developed as specified by section 
                1812(e) of the Homeland Security Act of 2002, or claims 
                an active ingredient of such countermeasure product, or 
                a process of making or using the countermeasure product 
                or an active ingredient of such countermeasure product, 
                and
                    ``(ii) is owned by or licensed to an entity that 
                has successfully developed the countermeasure and has 
                been certified under section 1812(d) of the Homeland 
                Security Act of 2002, or
                    ``(B) claims a vaccine that has been successfully 
                developed.
    ``(b) Patent Term Extension.--The term of an eligible patent shall 
be extended by a period equal to the number of days in the regulatory 
review period if:
            ``(1) An application in conformance with the requirements 
        of section (c) is submitted to the Director by either the owner 
        of record of the patent or its agent on or before the date 
        specified in subsection (c)(3), or within 45 days from the date 
        of issuance of the patent, whichever date is later.
            ``(2) The patent that is the basis of the application has 
        not been previously extended under this section, or under 
        sections 156 or 158 of this title.
            ``(3) The term of the patent that is the basis of the 
        application has not expired before the date that the 
        application is submitted under section (c).
            ``(4) The regulatory review period for the countermeasure 
        product or vaccine has not been relied upon to support an 
        application to extend the term of another patent under this 
        section or under section 156 of this title.
    ``(c) Administrative Provisions.--
            ``(1) In general.--To obtain an extension of the term of a 
        patent under this section, the assigner of record and licensee 
        of record of the patent or the agent of the assigner of record 
        and licensee shall submit an application to the Director.
            ``(2) Content.--The application shall contain--
                    ``(A) a description of the approved countermeasure 
                product or vaccine and the Federal statute under which 
                regulatory review occurred;
                    ``(B) the identity of the patent for which an 
                extension is sought under this section; and
                    ``(C) such other information as the Director may 
                require including to establish that the applicant meets 
                the requirements of this section.
            ``(3) Submission of application for a countermeasure.--An 
        application for a countermeasure under this section shall be 
        submitted to the Director within the 60-day period beginning on 
        the date the product became eligible for purchase under a 
        contract for procurement under section 319F-1 or 319F-2 of the 
        Public Health Service Act.
            ``(4) Irrevocable election.--The submission of an 
        application under this section is an irrevocable election of 
        the application of this section to the patent that is the basis 
        of the application. A patent that has been the basis of an 
        application made under this section may not be the subject of 
        an application made under sections 156 or 158 of this title.
            ``(5) Rule of construction.--Nothing in this section shall 
        be construed to prohibit an extension of the term of a patent 
        relating to a countermeasure product that, before the effective 
        date of this section was approved for commercial marketing for 
        non-countermeasure uses.
    ``(d) Limitation.--A patent may not be extended under this section 
where--
            ``(1) the regulatory review period for the countermeasure 
        product was concluded before the date of enactment of the 
        Biological, Chemical, and Radiological Weapons Countermeasures 
        Research Act; or
            ``(2) the patent that is the basis of the application under 
        this section expired before the date of enactment of the 
        Biological, Chemical, and Radiological Weapons Countermeasures 
        Research Act.''.
            (2) Technical and conforming amendment.--The table of 
        sections for chapter 14 of title 35, United States Code, is 
        amended by inserting after the item relating to section 156 the 
        following:

``156a. Restoration of patent terms relating to countermeasures for 
                            certain biological or chemical agents or 
                            toxins.''.
    (d) General Extension of Certain Patent Terms for Patents Held by 
Entities That Have Successfully Developed Countermeasures.--
            (1) In general.--Chapter 14 of title 35, United States 
        Code, is amended by adding at the end the following:
``Sec. 158. Patent term for patents held by entities with certain 
              research certifications
    ``(a) Definitions.--In this section, the term--
            ``(1) `countermeasure product' means a countermeasure, as 
        that term is defined in section 319F-1 of the Public Health 
        Service Act, that is also a new drug, antibiotic drug, human 
        biological product or medical device, as those terms are used 
        in the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et 
        seq.) and the Public Health Service Act (42 U.S.C. 201 et 
        seq.);
            ``(2) `eligible patent' means an issued patent that, at 
        least 1 year before the date on which an eligible entity was 
        certified under section 1812(d) of the Homeland Security Act of 
        2002, was owned by or licensed to that eligible entity; and
            ``(3) `eligible entity' means a natural or legal person 
        that has--
                    ``(A) alone or with others, successfully developed 
                a countermeasure product;
                    ``(B) been certified under section 1812(d) of the 
                Homeland Security Act of 2002;
                    ``(C) entered into a contract for the sale of the 
                countermeasure product under section 319F-1 or section 
                319F-2 of the Public Health Service Act;
            ``(4) `Research Act' means the Biological, Chemical, and 
        Radiological Weapons Countermeasures Research Act.
    ``(b) Special Patent Term Extension.--The term of a eligible patent 
shall be extended for a period as specified by regulations to be 
promulgated by the Secretary of Health and Human Services, in addition 
to the term which would otherwise apply except for this section, if:
            ``(1) An application in conformance with the requirements 
        of subsection (c) is submitted to the Director by either the 
        owner of record of the patent or its agent on or before the 
        date specified in subsection (c)(3).
            ``(2) The patent that is the basis of the application has 
        not been previously extended under this section, or under 
        sections 156 or 156a of this title.
            ``(3) The term of the patent that is the basis of the 
        application has not expired before the date that the 
        application is submitted under subsection (c).
            ``(4) The term of no other patent has been extended based 
        on the certification under section 1812(d) of the Homeland 
        Security Act of 2002 of the eligible entity.
    ``(c) Administrative Provisions.--
            ``(1) In general.--To obtain an extension of the term of a 
        patent under this section, the owner of record of the patent or 
        the agent of the owner shall submit an application to the 
        Director.
            ``(2) Content.--An application under this section shall 
        contain--
                    ``(A) a description of the approved countermeasure 
                product and the Federal statute under which regulatory 
                review occurred;
                    ``(B) the identity of the patent for which an 
                extension is sought under this section;
                    ``(C) the identity of the eligible entity and the 
                applicant; and
                    ``(D) such other information as the Director may 
                require including to establish that the applicant meets 
                the requirements of this section.
            ``(3) Submission of application.--An application under this 
        section shall be submitted to the Director within the 60-day 
        period beginning on the date the countermeasure product became 
        eligible for purchase under a contract for procurement under 
        section 319F-1 or 3199F-2 of the Public Health Service Act.
    ``(d) Limitations and Conditions.--
            ``(1) Period of extension.--The Secretary of Health and 
        Human Services shall promulgate regulations specifying the 
        duration of extensions to be granted under the authority of 
        this section. The extension to be granted to an application 
        shall be that specified by such regulations in effect on the 
        date that an application for certification under section 
        1812(d) of the Homeland Security Act of 2005 is made by the 
        eligible entity. In no case, shall any extension granted under 
        this section exceed 2 years, or be less than 6 months.
            ``(2) Criteria for extension.--The Secretary of Health and 
        Human Services, in determining the period of extensions to be 
        granted under the authority of this section, shall consider--
                    ``(A) the nature of the threat to be countered and 
                the importance of developing countermeasures to respond 
                to such threat;
                    ``(B) the difficulty, risk, and expense likely to 
                be associated with the development of such 
                countermeasure; and
                    ``(C) the impact of the patent extension on 
                consumers and healthcare providers.
            ``(3) Limitation.--No patent may be extended under the 
        authority of this subsection more than once.
            ``(4) Irrevocable election.--The submission of an 
        application under this section is an irrevocable election of 
        the application of this section to the patent that is the basis 
        of the application. A patent that has been the basis of an 
        application made under this section may not be the subject of 
        an application made under sections 156 or 156a of this title.''
            (2) Technical and conforming amendment.--The table of 
        sections for chapter 14 of title 35, United States Code, is 
        amended by adding at the end the following:

``158. Patent term for patents held by entities with certain research 
                            certifications.''.
    (e) Licensing.--
            (1) Discretion to waive march-in rights.--Notwithstanding 
        sections 200, 203, and 209 of title 35, United States Code, an 
        entity that holds a certification under section 1812(d) of the 
        Homeland Security Act of 2002 with respect to a product that is 
        a countermeasure, detection equipment, diagnostic, research 
        tool, or drug intended to prevent or treat an infectious 
        disease may license such patented product.
            (2) Federally owned inventions.--Section 209 of title 35, 
        United States Code, is amended--
                    (A) by redesignating subsections (e) and (f) as 
                subsections (f) and (g), respectively; and
                    (B) by inserting after subsection (d) the 
                following:
    ``(e) Terms and Conditions of License.--Each license granted under 
section 207(a)(2) shall include a provision that, at the discretion of 
the licensee, the licensee may act as the agent for the licensor with 
respect to any patent for the licensed invention for purposes of 
extending a patent under section 156a or 158.''.
            (3) Cooperative research and development agreements.--
        Section 12(b) of the Stevenson-Wydler Technology Innovation Act 
        of 1980 (15 U.S.C. 3710a(b)) is amended by adding at the end 
        the following:
            ``(7) Each license for a patent granted under an agreement 
        entered into under subsection (a)(1) shall include a provision 
        that, at the discretion of the licensee, the licensee may act 
        as the agent for the licensor with respect to that patent for 
        purposes of extending a patent under section 156a or 158 of 
        title 35, United States Code.''.
            (4) Applicable licenses.--The amendments made by paragraphs 
        (2) and (3) shall apply only to licenses granted on or after 60 
        days after the date of enactment of this Act.
    (f) Additional Intellectual Property Protections.--Not later than 
12 months after the date of enactment of this Act, the Secretary of 
Commerce in consultation with the Secretary of Health and Human 
Services shall submit to the appropriate committees of Congress 
recommendations concerning additional intellectual property incentives 
and protections that may be necessary to accelerate efforts to develop 
or enhance qualified countermeasures (as defined in section 319F-1 of 
the Public Health Service Act (42 U.S.C. 247d-6a(a)) or preparedness 
pools.

SEC. 114. INTERNATIONAL HARMONIZATION OF REGULATIONS.

    The Secretary of Health and Human Services shall provide an annual 
report to the appropriate committees of Congress describing the 
activities undertaken, progress made, and barriers to the 
implementation by the Department of Health and Human Services with 
respect to the international harmonization of regulations, including 
the International Conference on Harmonization, the Global Harmonization 
Task Force, and efforts to establish international standards for data 
exclusivity.

SEC. 115. DEVELOPMENT OF ADDITIONAL ANIMAL MODELS.

    Part B of title III of the Public Health Service Act (42 U.S.C. 243 
et seq.) is amended by inserting after section 319J the following:

``SEC. 319K. ANIMAL MODELS FOR CERTAIN DISEASES.

    ``(a) In General.--The Secretary, in coordination with the Director 
of the National Institute on Allergy and Infectious Diseases and the 
Director of the Centers for Disease Control and Prevention, shall 
establish and award grants under this section to eligible entities to 
study the physiological responses of certain animal species to 
bioterrorism agents and other infectious agents.
    ``(b) Eligibility.--To be eligible to receive a grant under this 
section, an entity shall--
            ``(1) provide assurances to the Secretary that the entity 
        has access to a biosafety level 3 or 4 facility;
            ``(2) submit to the Secretary an application at such time, 
        in such manner, and containing such information as the 
        Secretary may require; and
            ``(3) agree to submit the results of the research funded 
        under the grant to the Director of the National Institute on 
        Allergy and Infectious Diseases.''.

SEC. 116. COLLABORATION AND COORDINATION.

    Section 2 of the Clayton Act (15 U.S.C. 13) is amended by adding at 
the end the following:
    ``(g) Limited Antitrust Exemption.--
            ``(1) Countermeasures development meetings and 
        consultations.--
                    ``(A) Countermeasures development meeting and 
                consultations.--The Secretary may conduct meetings and 
                consultations with parties involved in the development 
                of priority countermeasures for the purpose of the 
                development, manufacture, distribution, purchase, or 
                sale of priority countermeasures consistent with the 
                purposes of this title. The Secretary shall give notice 
                of such meetings and consultations to the Attorney 
                General and the Chairperson of the Federal Trade 
                Commission (referred to in this subsection as the 
                `Chairperson').
                    ``(B) Meeting and consultation conditions.--A 
                meeting or consultation conducted under subparagraph 
                (A) shall--
                            ``(i) be chaired or, in the case of a 
                        consultation, facilitated by the Secretary;
                            ``(ii) be open to parties involved in the 
                        development, manufacture, distribution, 
                        purchase, or sale of priority countermeasures, 
                        as determined by the Secretary;
                            ``(iii) be open to the Attorney General and 
                        the Chairperson;
                            ``(iv) be limited to discussions involving 
                        the development, manufacture, distribution, or 
                        sale of priority countermeasures, consistent 
                        with the purposes of this title; and
                            ``(v) be conducted in such manner as to 
                        ensure that national security, confidential, 
                        and proprietary information is not disclosed 
                        outside the meeting or consultation.
                    ``(C) Minutes.--The Secretary shall maintain 
                minutes of meetings and consultations under this 
                subsection, which shall not be disclosed under section 
                552 of title 5, United States Code.
                    ``(D) Exemption.--The antitrust laws shall not 
                apply to meetings and consultations under this 
                paragraph, except that any agreement or conduct that 
                results from a meeting or consultation and that does 
                not receive an exemption pursuant to this subsection 
                shall be subject to the antitrust laws.
            ``(2) Written agreements.--The Secretary shall file a 
        written agreement regarding covered activities, made pursuant 
        to meetings or consultations conducted under paragraph (1) and 
        that is consistent with this paragraph, with the Attorney 
        General and the Chairperson for a determination of the 
        compliance of such agreement with antitrust laws. In addition 
        to the proposed agreement itself, any such filing shall 
        include--
                    ``(A) an explanation of the intended purpose of the 
                agreement;
                    ``(B) a specific statement of the substance of the 
                agreement;
                    ``(C) a description of the methods that will be 
                utilized to achieve the objectives of the agreement;
                    ``(D) an explanation of the necessity of a 
                cooperative effort among the particular participating 
                parties to achieve the objectives of the agreement; and
                    ``(E) any other relevant information determined 
                necessary by the Secretary in consultation with the 
                Attorney General and the Chairperson.
            ``(3) Determination.--The Attorney General, in consultation 
        with the Chairperson, shall determine whether an agreement 
        regarding covered activities referred to in paragraph (2) would 
        likely--
                    ``(A) be in compliance with the antitrust laws, and 
                so inform the Secretary and the participating parties; 
                or
                    ``(B) violate the antitrust laws, in which case, 
                the filing shall be deemed to be a request for an 
                exemption from the antitrust laws, limited to the 
                performance of the agreement consistent with the 
                purposes of this title.
            ``(4) Action on request for exemption.--
                    ``(A) In general.--The Attorney General, in 
                consultation with the Chairperson, shall grant, deny, 
                grant in part and deny in part, or propose 
                modifications to a request for exemption from the 
                antitrust laws under paragraph (3) within 15 days of 
                the receipt of such request.
                    ``(B) Extension.--The Attorney General may extend 
                the 15-day period referred to in subparagraph (A) for 
                an additional period of not to exceed 10 days. Such 
                additional period may be further extended only by the 
                United States district court, upon an application by 
                the Attorney General after notice to the Secretary and 
                the parties involved.
                    ``(C) Determination.--In granting an exemption 
                under this paragraph, the Attorney General, in 
                consultation with the Chairperson and the Secretary--
                            ``(i) must find--
                                    ``(I) that the agreement involved 
                                is necessary to ensure the availability 
                                of priority countermeasures;
                                    ``(II) that the exemption from the 
                                antitrust laws would promote the public 
                                interest; and
                                    ``(III) that there is no 
                                substantial competitive impact to areas 
                                not directly related to the purposes of 
                                the agreement; and
                            ``(ii) may consider any other factors 
                        determined relevant by the Attorney General and 
                        the Chairperson.
            ``(5) Limitation on and renewal of exemptions.--An 
        exemption granted under paragraph (4) shall be limited to 
        covered activities, and shall expire on the date that is 3 
        years after the date on which the exemption becomes effective 
        (and at 3 year intervals thereafter, if renewed) unless the 
        Attorney General in consultation with the Chairperson 
        determines that the exemption should be renewed (with 
        modifications, as appropriate) considering the factors 
        described in paragraph (4).
            ``(6) Limitation on parties.--The use of any information 
        acquired under an exempted agreement by the parties to such an 
        agreement for any purposes other than those specified in the 
        antitrust exemption granted by the Attorney General shall be 
        subject to the antitrust laws and any other applicable laws.
            ``(7) Guidelines.--The Attorney General and the Chairperson 
        may develop and issue guidelines to implement this subsection.
            ``(8) Report.--Not later than 1 year after the date of 
        enactment of the Biopreparedness Act of 2005, and annually 
        thereafter, the Attorney General and the Chairperson shall 
        report to Congress on the use and continuing need for the 
        exemption from the antitrust laws provided by this subsection.
            ``(9) Sunset.--The authority of the Attorney General to 
        grant or renew a limited antitrust exemption under this 
        subsection shall expire at the end of the 6-year period that 
        begins on the date of enactment of the Biopreparedness Act of 
        2005.
    ``(h) Definitions.--In this section and title XXVIII of the Public 
Health Service Act:
            ``(1) Antitrust laws.--The term `antitrust laws'--
                    ``(A) has the meaning given such term in subsection 
                (a) of the first section of the Clayton Act (15 U.S.C. 
                12(a)), except that such term includes the Act of June 
                19, 1936 (15 U.S.C. 13 et seq.) commonly known as the 
                Robinson-Patman Act), and section 5 of the Federal 
                Trade Commission Act (15 U.S.C. 45) to the extent such 
                section 5 applies to unfair methods of competition; and
                    ``(B) includes any State law similar to the laws 
                referred to in subparagraph (A).
            ``(2) Covered activities.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the term `covered activities' means 
                any group of activities or conduct, including 
                attempting to make, making, or performing a contract or 
                agreement or engaging in other conduct, for the purpose 
                of--
                            ``(i) theoretical analysis, 
                        experimentation, or the systematic study of 
                        phenomena or observable facts necessary to the 
                        development of priority countermeasures;
                            ``(ii) the development or testing of basic 
                        engineering techniques necessary to the 
                        development of priority countermeasures;
                            ``(iii) the extension of investigative 
                        findings or theory of a scientific or technical 
                        nature into practical application for 
                        experimental and demonstration purposes, 
                        including the experimental production and 
                        testing of models, prototypes, equipment, 
                        materials, and processes necessary to the 
                        development of priority countermeasures;
                            ``(iv) the production, distribution, or 
                        marketing of a product, process, or service 
                        that is a priority countermeasures;
                            ``(v) the testing in connection with the 
                        production of a product, process, or services 
                        necessary to the development of priority 
                        countermeasures;
                            ``(vi) the collection, exchange, and 
                        analysis of research or production information 
                        necessary to the development of priority 
                        countermeasures; or
                            ``(vii) any combination of the purposes 
                        described in clauses (i) through (vi);
                and such term may include the establishment and 
                operation of facilities for the conduct of covered 
                activities described in clauses (i) through (vi), the 
                conduct of such covered activities on a protracted and 
                proprietary basis, and the processing of applications 
                for patents and the granting of licenses for the 
                results of such covered activities.
                    ``(B) Exception.--The term `covered activities' 
                shall not include the following activities involving 2 
                or more persons:
                            ``(i) Exchanging information among 
                        competitors relating to costs, sales, 
                        profitability, prices, marketing, or 
                        distribution of any product, process, or 
                        service if such information is not reasonably 
                        necessary to carry out the purposes of covered 
                        activities.
                            ``(ii) Entering into any agreement or 
                        engaging in any other conduct--
                                    ``(I) to restrict or require the 
                                sale, licensing, or sharing of 
                                inventions, developments, products, 
                                processes, or services not developed 
                                through, produced by, or distributed or 
                                sold through such covered activities; 
                                or
                                    ``(II) to restrict or require 
                                participation by any person who is a 
                                party to such covered activities in 
                                other research and development 
                                activities, that is not reasonably 
                                necessary to prevent the 
                                misappropriation of proprietary 
                                information contributed by any person 
                                who is a party to such covered 
                                activities or of the results of such 
                                covered activities.
                            ``(iii) Entering into any agreement or 
                        engaging in any other conduct allocating a 
                        market with a competitor that is not expressly 
                        exempted from the antitrust laws by a 
                        determination under subsection (i)(4).
                            ``(iv) Exchanging information among 
                        competitors relating to production (other than 
                        production by such covered activities) of a 
                        product, process, or service if such 
                        information is not reasonably necessary to 
                        carry out the purpose of such covered 
                        activities.
                            ``(v) Entering into any agreement or 
                        engaging in any other conduct restricting, 
                        requiring, or otherwise involving the 
                        production of a product, process, or service 
                        that is not so expressly exempted from the 
                        antitrust laws by a determination under 
                        subsection (i)(4).
                            ``(vi) Except as otherwise provided in this 
                        subsection, entering into any agreement or 
                        engaging in any other conduct to restrict or 
                        require participation by any person who is a 
                        party to such activities, in any unilateral or 
                        joint activity that is not reasonably necessary 
                        to carry out the purpose of such covered 
                        activities.
            ``(3) Development.--The term `development' includes the 
        identification of suitable compounds or biological materials, 
        the conduct of preclinical and clinical studies, the 
        preparation of an application for marketing approval, and any 
        other actions related to preparation of a countermeasure.
            ``(4) Person.--The term `person' has the meaning given such 
        term in subsection (a) of the first section of the Clayton Act 
        (15 U.S.C. 12(a)).
            ``(5) Priority countermeasures.--The term `priority 
        countermeasure' means a countermeasure, including a drug, 
        medical device, biological product, or diagnostic test to 
        treat, identify, or prevent infection by a biological agent or 
        toxin on the list developed under section 351A(a)(1) of the 
        Public Health Service Act and prioritized under subsection 
        (a)(1).''.

               CHAPTER 2--ENSURING REGULATORY EFFICIENCY

SEC. 121. COMMISSION ON COUNTERMEASURE AND VACCINE REGULATION.

    (a) Establishment.--There shall be established a commission to be 
known as the Commission on Countermeasure and Vaccine Regulation 
(referred to in this section referred to as the ``Commission'').
    (b) Membership.--
            (1) Composition.--The Commission shall be composed of 7 
        members to be appointed by the Secretary of Health and Human 
        Services in accordance with this subsection.
            (2) Expertise requirement.--The members of the Commission 
        shall consist of individuals with expertise and experience in 
        the manufacture, regulation, distribution, and use of vaccines, 
        of which--
                    (A) at least 2 members of the Commission shall have 
                experience qualified by training and experience to 
                inspect vaccine manufacturing facilities and may be 
                employees of the Department of Health and Human 
                Services;
                    (B) at least 2 members of the Commission shall 
                represent manufacturers of vaccine products; and
                    (C) at least 1 member of the Commission shall be a 
                representative of vaccine consumers.
            (3) Chairperson.--The Secretary shall appoint an individual 
        to serve as the Chairperson of the Commission. Such individual 
        shall not be an employee of the Department of Health and Human 
        Services.
    (c) Functions.--The Commission shall conduct a study of the 
statutes, regulations, guidelines, and compliance, inspection, and 
enforcement practices and policies of the Department of Health and 
Human Services and of the Food and Drug Administration that are 
applicable to vaccines intended for human use that are in periodic 
short supply in the United States.
    (d) Requirements.--The study under subsection (c) shall include a 
review of the regulatory requirements, guidelines, practices, and 
policies--
            (1) for the development and licensing of vaccines and the 
        licensing of vaccine manufacturing facilities;
            (2) for inspections and other activities for maintaining 
        compliance and enforcement of the requirements applicable to 
        such vaccines and facilities: and
            (3) that may have contributed to temporary or long-term 
        shortages of vaccines.
    (e) Report and Recommendations.--Not later than 6 months after the 
date of enactment of this Act, the Commission shall submit to the 
Secretary of Health and Human Services, the Committee on Health, 
Education, Labor and Pensions of the Senate and the Committee on Energy 
and Commerce of the House of Representatives a report that contains--
            (1) the results of the study conducted under subsection 
        (a); and
            (2) recommendations for modifications to the regulatory 
        requirements, guidelines and practices, and policies described 
        in subsection (b) to reduce waste, increase efficiency, and 
        ensure the rapid availability of safe and effective products.

SEC. 122. TECHNICAL ASSISTANCE.

    Subchapter E of chapter V of the Federal Food, Drug, and Cosmetic 
Act (21 U.S.C. 360bbb et seq.) is amended by adding at the end the 
following:

``SEC. 565. TECHNICAL ASSISTANCE.

    ``The Secretary, in consultation with the Commissioner of Food and 
Drugs, shall establish within the Food and Drug Administration a team 
of experts on manufacturing and regulatory activities (including 
compliance with current Good Manufacturing Practices) to provide both 
off-site and on-site technical assistance, at the request of the 
manufacturer, to the manufacturers of vaccines or other biological 
products regulated under this act or section 351 of the Public Health 
Service Act if the Secretary determines that a shortage or potential 
shortage may occur in the United States in the supply of such vaccines 
or products and that the provision of such assistance would be 
beneficial in helping alleviate or avert such shortage.''.

SEC. 123. REQUIREMENT TO FULLY INFORM.

    (a) In General.--Subchapter E of Chapter V of the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 360bbb et seq.), as amended by 
section 122, is further amended by adding at the end the following:

``SEC. 566. REQUIREMENT TO FULLY INFORM.

    ``Notwithstanding any other provision of law, a manufacturer of a 
drug that is subject to Food and Drug Administration regulation shall 
promptly submit to the Food and Drug Administration all communications 
between the manufacturer and the regulatory body of a foreign 
government if the content of such communications may impact the 
introduction of a drug into the interstate commerce of the United 
States.''.
    (b) Conforming Amendment.--Section 301 of the Federal Food, Drug, 
and Cosmetic Act (21 U.S.C. 331) is amended by adding at the end the 
following:
    ``(hh) The knowing failure or refusal by a manufacturer of a drug 
or vaccine to provide any communication required by this chapter.''.

SEC. 125. ACCELERATED APPROVAL OF COUNTERMEASURES OR VACCINES.

    (a) In General.--The Secretary of Health and Human Services may 
designate a countermeasure or vaccine as a fast-track product pursuant 
to section 506 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
356). Such a designation may be made for countermeasures or vaccines 
that demonstrate the potential to improve upon countermeasures or 
vaccines available at the time of such declaration. Such a designation 
may be made prior to the submission of--
            (1) a request for designation by the sponsor or applicant; 
        or
            (2) an application for the investigation of the drug under 
        section 505(i) of such Act or section 351(a)(3) of the Public 
        Health Service Act.
    (b) Rule of Construction.--Nothing in this section shall be 
construed to prohibit a sponsor or applicant from declining a 
designation under subsection (a).

SEC. 126. NATIONAL UNIFORMITY FOR APPROVED PRODUCTS.

    (b) Other Products.--Chapter VII of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 371 et seq.) is amended by adding at the end 
the following:

       ``Subchapter H--National Uniformity for Approved Products

``SEC. 761. NATIONAL UNIFORMITY FOR DRUGS, VACCINES, AND OTHER 
              BIOLOGICAL PRODUCTS.

    ``(a) In General.--Except as provided in section 763, no State, 
political subdivision of a State, or judicial system of a State may 
establish or continue in effect any requirement--
            ``(1) that relates to the regulation of a drug intended for 
        use by humans (including a vaccine or other biological 
        product); and
            ``(2) that is different from or in addition to, or that is 
        otherwise not identical with, a requirement of this Act, 
        section 351 of the Public Health Service Act (42 U.S.C. 262), 
        the Fair Packaging and Labeling Act (15 U.S.C. 1451 et seq.), 
        and the administrative implementation of such Acts.
    ``(b) Requirement Relating to Regulations.--For purposes of this 
section, a requirement relating to the regulation of a drug, vaccine, 
or other biological product shall be deemed to include any requirement 
relating to the subject matter in any provision of this Act, section 
351 of the Public Health Service Act (42 U.S.C. 262), or the Fair 
Packaging and Labeling Act (15 U.S.C. 1451 et seq.), but shall not 
include any requirement relating to the practice of pharmacy or any 
requirement that a drug be dispensed only upon the prescription of a 
practitioner licensed by law to administer such drug.

``SEC. 762. WARNING UNIFORMITY.

    ``(a) In General.--Except as provided in this section, no State or 
political subdivision of a State may, directly or indirectly, establish 
or continue in effect under any authority any notification requirement 
for a drug, vaccine, or other biological product intended for use by 
humans that provides for a warning concerning the safety of the drug, 
vaccine, or biological product or any component or package thereof, 
unless such notification requirement has been prescribed under the 
authority of this Act and the State or political subdivision 
notification requirement is identical to the notification requirement 
prescribed under the authority of this Act.
    ``(b) Definitions.--In this section:
            ``(1) Notification requirement.--The term `notification 
        requirement' includes any mandatory disclosure requirement 
        relating to the dissemination of information about a drug, 
        vaccine, or biological product in any manner, such as labels, 
        labeling, posters, public notices, advertising, or any other 
        means of communication.
            ``(2) Warning.--The term `warning' with respect to a drug, 
        vaccine, or other biological product means any statement, 
        vignette, or other representation which indicates, directly or 
        by implication, that the drug, vaccine or biological product 
        presents or may present a hazard to human health or safety.

``SEC. 763. EXEMPTIONS FROM UNIFORMITY.

    ``Upon application of a State, the Secretary may by regulation, 
after notice and opportunity for written and oral presentation of 
views, exempt from section 761 or 762, under such conditions as the 
Secretary may impose, a State requirement that--
            ``(1) is justified by compelling and unique local 
        conditions;
            ``(2) protects an important public interest that would 
        otherwise be unprotected;
            ``(3) would not cause any drug, vaccine, or other 
        biological product to be in violation of any applicable 
        requirement or prohibition under Federal law; and
            ``(4) would not unduly burden interstate commerce.''.

                     Subtitle B--Litigation Reform

   CHAPTER 1--PROTECTION FOR COUNTERMEASURES AND PRODUCTS PROTECTING 
             AGAINST PANDEMICS, EPIDEMICS, AND BIOTERRORISM

SEC. 131. LIABILITY PROTECTIONS FOR PANDEMICS, EPIDEMICS, AND 
              COUNTERMEASURES.

    Part B of title III of the Public Health Service Act is amended by 
inserting after section 319F-2 (42 U.S.C. 247d-6b) the following:

``SEC. 319F-3. LIABILITY PROTECTIONS FOR PANDEMICS, EPIDEMICS, AND 
              COUNTERMEASURES.

    ``(a) Authority.--The Secretary shall be responsible for the 
administration of this section. This section shall apply with respect 
to both Federal and non-Federal sales and purchases of qualified 
countermeasures within the meaning of section 319F-1 of the Public 
Health Service Act, or qualified pandemic or epidemic technologies.
    ``(b) Litigation Management.--
            ``(1) Federal cause of action.--
                    ``(A) In general.--There shall exist an exclusive 
                Federal cause of action for claims arising out of, 
                relating to, or resulting from the use of a qualified 
                pandemic or epidemic technology or qualified 
                countermeasure. The substantive law for decision in any 
                such action shall be derived from the law, including 
                choice of law principles, of the State in which such 
                cases of pandemic occur, unless such law is 
                inconsistent with or preempted by Federal law. Such 
                Federal cause of action shall be brought only for 
                claims for injuries that are proximately caused by 
                manufacturers, distributors, or health care providers 
                that provide qualified pandemic or epidemic technology 
                or qualified countermeasure to Federal and non-Federal 
                Government customers.
                    ``(B) Jurisdiction.--Such appropriate district 
                court of the United States shall have original and 
                exclusive jurisdiction over all actions for any claim 
                for loss of property, personal injury, or death arising 
                out of, relating to, or resulting from when a qualified 
                pandemic technology has been deployed in defense 
                against or response or recovery and such claims result 
                or may result in loss to the manufacturer, distributor, 
                or health care provider.
            ``(2) Special rules.--In an action brought under this 
        section for damages the following provisions shall apply:
                    ``(A) Punitive damages.--No punitive damages 
                intended to punish or deter, exemplary damages, or 
                other damages not intended to compensate a plaintiff 
                for actual losses may be awarded, nor shall any party 
                be liable for interest prior to the judgment.
                    ``(B) Noneconomic damages.--
                            ``(i) In general.--Noneconomic damages may 
                        be awarded in an amount not to exceed $250,000 
                        against a defendant only in an amount directly 
                        proportional to the percentage of 
                        responsibility of such defendant for the harm 
                        to the plaintiff, and no plaintiff may recover 
                        noneconomic damages unless the plaintiff 
                        suffered physical harm.
                            ``(ii) Definition.--For purposes of clause 
                        (i), the term `noneconomic damages' means 
                        damages for losses for physical and emotional 
                        pain, suffering, inconvenience, physical 
                        impairment, mental anguish, disfigurement, loss 
                        of enjoyment of life, loss of society and 
                        companionship, loss of consortium, hedonic 
                        damages, injury to reputation, and any other 
                        nonpecuniary losses.
            ``(3) Collateral sources.--Any recovery by a plaintiff in 
        an action under this section shall be reduced by the amount of 
        collateral source compensation, if any, that the plaintiff has 
        received or is entitled to receive that result or may result in 
        loss to the manufacturer, distributor, or health care provider.
            ``(4) Government contractor defense.--
                    ``(A) In general.--Should a product liability or 
                other lawsuit be filed for claims arising out of, 
                relating to, or resulting from the use of a qualified 
                countermeasure, or qualified pandemic or epidemic 
                technology in anticipation of and preparation for, in 
                defense against or response or recovery and such claims 
                result or may result in loss to the manufacturer, 
                distributor, or health care provider there shall be a 
                rebuttable presumption that the government contractor 
                defense applies in such lawsuit. This presumption shall 
                only be overcome by evidence showing that the 
                manufacturer, distributor or health care provider acted 
                fraudulently or with willful misconduct. This 
                presumption of the government contractor defense shall 
                apply regardless of whether the claim against the 
                manufacturer, distributor or health care provider 
                arises from a sale of the product to Federal Government 
                or non-Federal Government customers.
                    ``(B) Product approval.--A defendant may assert the 
                defense under subparagraph (A), if the qualified 
                countermeasure or qualified pandemic or epidemic 
                technology involved--
                            ``(i) is approved or cleared under chapter 
                        V of the Federal Food, Drug, and Cosmetic Act 
                        or licensed under section 351 of this Act;
                            ``(ii) is a countermeasure for which the 
                        Secretary determines that sufficient and 
                        satisfactory clinical experience or research 
                        data (including data, if available, from pre-
                        clinical and clinical trials) support a 
                        reasonable conclusion that the countermeasure 
                        will qualify for approval or licensing within 8 
                        years after the date of a determination under 
                        section 319F-2; or
                            ``(iii) is authorized for emergency use 
                        under section 564 of the Federal Food, Drug, 
                        and Cosmetic Act.
    ``(c) Definitions.--In this section:
            ``(1) Qualified pandemic or epidemic technology.--The term 
        `qualified pandemic or epidemic technology' means any product 
        (including drugs, vaccines, and other biologics), equipment, 
        service (including support services), device, or technology 
        (including information technology) designed, developed, 
        modified, or procured for the specific purpose of preventing, 
        detecting, identifying, or preventing a pandemic or epidemic or 
        limiting the harm such pandemic or epidemic might otherwise 
        cause, that is designated as such by the Secretary after the 
        Secretary declares a public health emergency as described in 
        section 319.
            ``(2) Health care provider.--The term `health care 
        provider' means a person who lawfully prescribes, administers, 
        or provide a facility to administer a qualified countermeasure 
        or a qualified pandemic or epidemic technology.
            ``(3) Loss.--The term `loss' means death, bodily injury, or 
        loss of or damage to property, including business interruption 
        loss.
            ``(4) Non-federal government customers.--The term `non-
        Federal Government customers' means any customer of a 
        manufacturer that is not an agency or instrumentality of the 
        United States Government with authority under Public Law 85-804 
        to provide for indemnification under certain circumstances for 
        third-party claims against its contractors, including but not 
        limited to State and local authorities and private entities.''.

             CHAPTER 2--VACCINE INJURY COMPENSATION PROGRAM

SEC. 141. VACCINE INJURY COMPENSATION AND VACCINE LITIGATION REFORM.

    (a) Findings.--Congress finds that--
            (1) there are shortcomings in the Vaccine Injury 
        Compensation Program and loopholes in that program that have 
        been exploited in a manner that has contributed to a decline in 
        the availability of vaccines generally in the United States and 
        a decline in the number of manufacturers able to supply 
        vaccines; and
            (2) the condition described in paragraph (1) presents a 
        barrier to the development of vaccines needed for bioterror 
        countermeasures.
    (b) Recommendations.--After considering recent changes in the 
litigation environment with respect to vaccines as well as recent 
scientific evidence and reports by the Institute of Medicine and others 
with respect to the safety of vaccines and their components and 
ingredients, the Secretary of Health and Human Services and the 
Attorney General shall, not later than 6 months after the date of 
enactment of this Act, jointly submit recommendations to the 
appropriate committees of Congress concerning necessary modifications 
to the Vaccine Injury Compensation Program and Federal rules regarding 
litigation involving vaccines.

SEC. 142. MODIFICATIONS TO VACCINES FOR CHILDREN PROGRAM.

    (a) Expansion of Definition of Federally Vaccine-Eligible Child.--
Section 1928(b)(2)(A)(iii) of the Social Security Act (42 
U.S.C.1396s(b)(2)(A)(iii)) is amended to read as follows:
                            ``(iii) A child who (I) is administered a 
                        qualified pediatric vaccine by a federally-
                        qualified health center (as defined in section 
                        1905(l)(2)(B)), a rural health clinic (as 
                        defined in section 1905(l)(1)), or a State or 
                        local public health clinic, and (II) is not 
                        insured with respect to the vaccine.''.
    (b) Repeal of Price Cap for Pre-1983 Vaccines.--
            (1) In general.--Section 1928(d)(3)(E) of such Act (42 
        U.S.C.1396s(d)(3)(B)) is repealed.
            (2) Conforming amendment.--Section 1928(d)(3) of such Act 
        (42 U.S.C. 1396s(d)(3)) is amended by re-designating 
        subparagraph (C) as subparagraph (B).
    (c) Simplified Administration of Vaccine Supply.--Section 
1928(d)(6) of such Act (42 U.S.C. 1396s(d)(6)) is amended by inserting 
before the last sentence the following: ``The Secretary may sell such 
quantities of vaccines from such supply as the Secretary determines 
appropriate. Proceeds received from such sales shall be available to 
the Secretary only for the purposes of procuring pediatric vaccine 
stockpiles under this section and shall remain available until 
expended.''.

 CHAPTER 3--ENCOURAGING VACCINE AND COUNTERMEASURE PRODUCTION CAPACITY

SEC. 151. INCENTIVES FOR THE CONSTRUCTION OF VACCINE AND COUNTERMEASURE 
              MANUFACTURING FACILITIES.

    (a) Vaccine and Countermeasures Manufacturing Facilities Investment 
Tax Credit.--
            (1) Allowance of credit.--Section 46 of the Internal 
        Revenue Code of 1986 (relating to amount of investment credit) 
        is amended by striking ``and'' at the end of paragraph (1), by 
        striking the period at the end of paragraph (2) and inserting 
        ``, and'', and by adding at the end the following new 
        paragraph:
            ``(3) the vaccine and countermeasures manufacturing 
        facilities investment credit.''.
            (2) Amount of credit.--Section 48 of such Code is amended 
        by adding at the end the following new subsection:
    ``(c) Vaccine and Countermeasures Manufacturing Facilities 
Investment Credit.--
            ``(1) In general.--For purposes of section 46, the vaccine 
        and countermeasures manufacturing facilities investment credit 
        for any taxable year is an amount equal to 20 percent of the 
        qualified investment for such taxable year.
            ``(2) Qualified investment.--For purposes of paragraph (1), 
        the qualified investment for any taxable year is the basis of 
        each vaccine manufacturing facilities property placed in 
        service by the taxpayer during such taxable year.
            ``(3) Vaccine or countermeasures manufacturing facilities 
        property.--For purposes of this subsection, the term `vaccine 
        or countermeasures manufacturing facilities property' means 
        real and tangible personal property--
                    ``(A)(i) the original use of which commences with 
                the taxpayer, or
                    ``(ii) which is acquired through purchase (as 
                defined by section 179(d)(2)),
                    ``(B) which is depreciable under section 167,
                    ``(C) which is used for the manufacture, 
                distribution, or research and development of vaccines 
                or qualified countermeasures (as such term is defined 
                in section 319F-1 of the Public Health Service Act), 
                and
                    ``(D) which is in compliance with any standards and 
                regulations which are promulgated by the Food and Drug 
                Administration, the Occupational Safety and Health 
                Administration, or the Environmental Protection Agency 
                and which are applicable to such property.
            ``(4) Certain progress expenditure rules made applicable.--
        Rules similar to rules of subsections (c)(4) and (d) of section 
        46 (as in effect on the day before the date of the enactment of 
        the Revenue Reconciliation Act of 1990) shall apply for 
        purposes of this subsection.
            ``(5) Termination.--This subsection shall not apply to any 
        property placed in service after December 31, 2009.''.
    (b) Technical Amendments.--
            (1) Subparagraph (C) of section 49(a)(1) of such Code is 
        amended by striking ``and'' at the end of clause (ii), by 
        striking the period at the end of clause (iii) and inserting 
        ``, and'', and by adding at the end the following new clause:
                            ``(iv) the basis of any vaccine or 
                        countermeasures manufacturing facilities 
                        property.''.
            (2) Subparagraph (E) of section 50(a)(2) of such Code is 
        amended by inserting ``or 48(c)(4)'' before the period.
            (3)(A) The section heading for section 48 of such Code is 
        amended to read as follows:

``SEC. 48. OTHER CREDITS.''.

            (B) The table of sections for subpart E of part IV of 
        subchapter A of chapter 1 of such Code is amended by striking 
        the item relating to section 48 and inserting the following:

``Sec. 48. Other credits.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to property placed in service after December 31, 2004, under 
rules similar to the rules of section 48(m) of the Internal Revenue 
Code of 1986 (as in effect on the day before the date of enactment of 
the Revenue Reconciliation Act of 1990).

SEC. 152. CREDIT FOR MEDICAL RESEARCH RELATED TO DEVELOPING VACCINES OR 
              COUNTERMEASURES.

    (a) In General.--Subpart D of part IV of subchapter A of chapter 1 
of the Internal Revenue Code of 1986 (relating to business-related 
credits), as amended by this Act, is amended by adding at the end the 
following new section:

``SEC. 45L. CREDIT FOR MEDICAL RESEARCH RELATED TO DEVELOPING VACCINES 
              OR COUNTERMEASURES.

    ``(a) General Rule.--For purposes of section 38, the vaccine 
research credit determined under this section for the taxable year is 
an amount equal to 35 percent of the qualified vaccine or 
countermeasures research expenses for the taxable year.
    ``(b) Qualified Vaccine or Countermeasures Research Expenses.--For 
purposes of this section--
            ``(1) Qualified vaccine or countermeasures research 
        expenses.--Except as otherwise provided in this subsection, the 
        term `qualified vaccine or countermeasures research expenses' 
        means the amounts which are paid or incurred by the taxpayer 
        during the taxable year with respect to any research and 
        development of vaccines or qualified countermeasures (as such 
        term is defined in section 319F-1 of the Public Health Service 
        Act) which would be described in subsection (b) of section 41 
        if such subsection were applied with the modifications set 
        forth in paragraph (2).
            ``(2) Modifications; increased incentive for contract 
        research payments.--For purposes of paragraph (1), subsection 
        (b) of section 41 shall be applied--
                    ``(A) by substituting `qualified vaccine research' 
                for `qualified research' each place it appears in 
                paragraphs (2) and (3) of such subsection,
                    ``(B) by substituting `100 percent' for `65 
                percent' in paragraph (3)(A) of such subsection, and
                    ``(C) in a manner so that qualified research and 
                development expenses include expenses related to re-
                formulating existing vaccines.
            ``(3) Exclusion for amounts funded by grants, etc.--The 
        term `qualified vaccine research expenses' shall not include 
        any amount to the extent such amount is funded by any grant, 
        contract, or otherwise by another person (or any governmental 
        entity).
    ``(c) Coordination With Credit for Increasing Research 
Expenditures.--
            ``(1) In general.--Except as provided in paragraph (2), any 
        qualified vaccine or countermeasures research expenses for a 
        taxable year to which an election under this section applies 
        shall not be taken into account for purposes of determining the 
        credit allowable under section 41 for such taxable year.
            ``(2) Expenses included in determining base period research 
        expenses.--Any qualified vaccine or countermeasures research 
        expenses for any taxable year which are qualified research 
        expenses (within the meaning of section 41(b)) shall be taken 
        into account in determining base period research expenses for 
        purposes of applying section 41 to subsequent taxable years.
    ``(d) Special Rules.--
            ``(1) Certain rules made applicable.--Rules similar to the 
        rules of paragraphs (1) and (2) of section 41(f) shall apply 
        for purposes of this section.
            ``(2) Coordination with credit for clinical testing 
        expenses for certain drugs for rare diseases.--Any qualified 
        vaccine or countermeasures research expense for a taxable year 
        shall not be taken into account for purposes of determining the 
        credit allowable under section 45C for such taxable year.
            ``(3) Coordination with credit for countermeasures 
        research.--Any qualified vaccine or countermeasures research 
        expense for a taxable year shall not be taken into account for 
        purposes of determining the credit allowable under section 45K 
        for such taxable year.''.
    (b) Inclusion in General Business Credit.--Section 38(b) of the 
Internal Revenue Code of 1986, as amended by this Act, is amended by 
striking ``plus'' at the end of paragraph (21), by striking the period 
at the end of paragraph (22) and inserting ``, plus'', and by adding at 
the end the following new paragraph:
            ``(23) the vaccine or countermeasures research credit 
        determined under section 45L.''.
    (c) Denial of Double Benefit.--Section 280C of the Internal Revenue 
Code of 1986 (relating to certain expenses for which credits are 
allowable), as amended by this Act, is amended by adding at the end the 
following new subsection:
    ``(g) Credit for Qualified Vaccine or Countermeasures Research 
Expenses.--
            ``(1) In general.--No deduction shall be allowed for that 
        portion of the qualified vaccine or countermeasures research 
        expenses (as defined in section 45L(b)) otherwise allowable as 
        a deduction for the taxable year which is equal to the amount 
        of the credit determined for such taxable year under section 
        45L(a).
            ``(2) Certain rules to apply.--Rules similar to the rules 
        of paragraphs (2), (3), and (4) of subsection (c) shall apply 
        for purposes of this subsection.''.
    (d) Deduction for Unused Portion of Credit.--Section 196(c) of the 
Internal Revenue Code of 1986 (defining qualified business credits), as 
amended by this Act, is amended by striking ``and'' at the end of 
paragraph (14), by striking the period at the end of paragraph (15) and 
inserting ``, and'', and by adding at the end the following new 
paragraph:
            ``(16) the vaccine or countermeasures research credit 
        determined under section 45L(a) (other than such credit 
        determined under the rules of section 280C(g)(2)).''.
    (e) Technical Amendment.--The table of sections for subpart D of 
part IV of subchapter A of chapter 1 of the Internal Revenue Code of 
1986, as amended by this Act, is amended by adding at the end the 
following new item:

                              ``Sec. 45L. Credit for medical research 
                                        related to developing vaccines 
                                        or countermeasures.''.
    (f) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2004.

SEC. 153. GRANTS TO CONSTRUCT AND IMPROVE RESEARCH AND DEVELOPMENT AND 
              MANUFACTURING OF COUNTERMEASURES OR VACCINES.

    Part B of title III of the Public Health Service Act is amended by 
inserting after section 519K (as added by section 115) the following:

``SEC. 319L. GRANTS TO CONSTRUCT AND IMPROVE RESEARCH AND DEVELOPMENT 
              AND MANUFACTURING OF COUNTERMEASURES OR VACCINES.

    ``(a) In General.--The Secretary may award grants to a manufacturer 
to purchase or improve real property and tangible personal property 
used in the research and development, manufacture, or distribution of a 
countermeasure or vaccine.
    ``(b) Eligibility.--To be eligible to receive a grant under 
subsection (a), a manufacturer shall submit to the Secretary an 
application at such time, in such manner, and containing such 
information as the Secretary may require, including--
            ``(1) a detailed description of the equipment, facility, or 
        property involved;
            ``(2) a detailed description of the countermeasure or 
        vaccine involved;
            ``(3) a detailed description of the research and 
        development, manufacturer, or distribution involved;
            ``(4) a description of how such equipment, facility, or 
        property is to be used;
            ``(5) a description of whether such equipment, facility, or 
        property can be used for the research and development, 
        manufacture, or distribution of a drug, biological product, 
        vaccine, medical device or other countermeasure not described 
        in paragraph (2); and
            ``(6) a certification that the equipment, facility, or 
        property involved complies with all applicable Federal, State, 
        and local laws.
    ``(c) Recapture.--If, at any time prior to the expiration of the 
20-year period beginning on the date on which a grant is awarded under 
this section, the equipment, facility, or property involved shall cease 
to be used for the purposes for which the grant was awarded, the United 
States shall be entitled to recover from the manufacturer an amount 
bearing the same ratio to the current value of the facility (at the 
time of the determination) as the amount the grant bore to the total 
cost of the purchase or improvement involved. Such current value may be 
determined by agreement of the manufacturer and the Secretary or by 
order of the United States District Court for the district in which 
such facility is situated. The Secretary may not recapture the 
equipment, facility, or property, in accordance with regulations, if 
the Secretary determines there is good cause for the failure of proper 
use.
    ``(d) Authorization of Appropriations.--There is authorized to be 
appropriated, such sums as may be necessary to carry out this 
section.''.

SEC. 154. REVENUE RECOGNITION FOR ADULT AND PEDIATRIC VACCINES AND 
              OTHER COUNTERMEASURES AGAINST POTENTIAL ACTS OF 
              TERRORISM.

    Notwithstanding any other Federal or State law (including general 
accounting guidelines of the Securities and Exchange Commission), the 
revenue derived under a Federal Government contract from the 
stockpiling, holding, storing, rotating, or other management of an 
inventory of vaccines or countermeasures shall be deemed as income to 
the manufacturer or other legal entity at the time such manufacturer or 
entity receives such revenue, except for any revenue credited back or 
returned to such agency or for inventories subsequently sold by such 
manufacturer or entity to a third party.

                 Subtitle C--Public Health Preparedness

                     CHAPTER 1--CAPACITY TO RESPOND

SEC. 171. PANDEMIC INFLUENZA PREPAREDNESS AND RESPONSE PLAN.

    (a) In General.--In implementing out the Pandemic Influenza 
Preparedness and Response Plan of the Centers for Disease Control and 
Prevention, the Secretary of Health and Human Services (referred to in 
this section as the ``Secretary'') shall ensure funding for the 
following activities:
            (1) Research.--The Secretary shall provide funding to carry 
        out research to develop improved influenza vaccines.
            (2) Education and outreach.--The Secretary shall carry out 
        activities to increase public awareness on the need to be 
        vaccinated, particularly in priority or high-risk populations.
            (3) Surveillance.--The Secretary shall--
                    (A) carry out activities to improve international 
                and State influenza surveillance capacity;
                    (B) conduct influenza vaccine safety and efficacy 
                data collection; and
                    (C) provide for the conduct of epidemiological 
                studies and research concerning novel influenza 
                viruses.
            (4) Improve communication.--In the case of a vaccine 
        production delay or shortage or an influenza pandemic or 
        epidemic, the Secretary shall--
                    (A) identify those priority sub-groups that should 
                be vaccinated first;
                    (B) provide the information determined under 
                subparagraph (A) to State and local health department; 
                and
                    (C) identify which priority sub-group each State or 
                local health department should have responsibility for 
                vaccinating.
    (b) Direct Distribution.--Notwithstanding any other provision of 
law, if the Secretary determines that an influence pandemic or epidemic 
has occurred, or is imminent, the Secretary shall have the authority 
to--
            (1) determine which health care providers should receive 
        priority in the allotment of influenza vaccine; and
            (2) require manufactures or distributors of such vaccine to 
        provide such vaccine to the providers identified under 
        paragraph (1).
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section, $100,000,000 for fiscal year 
2006, and such sums as may be necessary for each of fiscal years 2007 
through 2011.

SEC. 172. NATIONAL NOTIFIABLE DISEASE SURVEILLANCE PROGRAM.

    Part B of title III of the Public Health Service Act (42 U.S.C. 243 
et seq.) is amended--
            (1) by striking section 314; and
            (2) by inserting after section 311, the following:

``SEC. 311A. NATIONAL NOTIFIABLE DISEASE SURVEILLANCE PROGRAM.

    ``(a) In General.--The Secretary is authorized to develop a real-
time surveillance program for collecting and reporting information on 
notifiable diseases and conditions.
    ``(b) Notifiable Diseases.--Not later than 180 days after the date 
of enactment of the Public Health Security Act of 2005, and annually 
thereafter, the Secretary, in consultation with State and local health 
authorities and appropriate private professional societies, shall 
certify a list of infectious diseases, environmental exposures or 
poisons, and other conditions, the real-time surveillance and control 
of which, in each State and territory of the United States, constitute 
a critical public health need. For purposes of this part, the term 
`notifiable disease' means a disease, exposures or poison, or other 
condition that appears on the list under this section.
    ``(c) Federal Informatics Activities.--
            ``(1) In general.--In order to meet the urgent need for 
        critical electronic surveillance of notifiable diseases, the 
        Director of the Centers for Disease Control and Prevention, in 
        consultation with State and local health authorities, shall, 
        not later than 1 year after the date of enactment of the Public 
        Health Security Act of 2005, establish and maintain a national 
        electronic surveillance program that includes the following 
        components:
                    ``(A) Procedures to provide for the collection (in 
                a standardized form) and analysis of data on all 
                notifiable diseases and on certain other conditions 
                that States or regions elect to report to the program.
                    ``(B) A procedure to enable all major public and 
                private clinical laboratories to automatically report 
                data, in compliance with the regulations promulgated 
                under section 264(c) of the Health Insurance 
                Portability and Accountability Act of 1996, to the 
                program concerning notifiable diseases, antimicrobial 
                resistance testing, and other data determined 
                appropriate by the Director.
                    ``(C) A procedure to provide for syndromic and 
                disease-specific surveillance by monitoring, in 
                compliance with the regulations promulgated under 
                section 264(c) of the Health Insurance Portability and 
                Accountability Act of 1996, of private sector health-
                related electronic data (such as pharmaceutical 
                purchase data and health insurance claims data).
                    ``(D) A procedure to enable States to report data 
                on suspicious cases of conditions that are not on the 
                notifiable disease list but that may warrant further 
                investigation.
                    ``(E) A procedure to enable the program to 
                automatically identify certain trends and suspicious 
                patterns with respect to data reported to the program.
                    ``(F) A procedure to enable the program to provide 
                regular reports to regional, State, and local 
                government entities concerning disease trends, 
                suspicious disease patterns, incidence and prevalence 
                of diseases, laboratory data, and other information 
                determined appropriate. Such information shall include 
                data on comparative national disease trends.
                    ``(G) A procedure to enable the program to collect 
                and analyze data from certain seminal veterinary and 
                environmental sources where appropriate.
                    ``(H) A procedure to enable the program to export 
                data in a form appropriate for aggregation, statistical 
                analysis, and reporting.
                    ``(I) A procedure to enable the program to receive 
                and report data relating to non-notifiable diseases, 
                including vital records, registries, chronic disease, 
                and maternal and child health data.
            ``(2) Timeliness of reporting.--The procedures developed 
        under paragraph (1) for the reporting of data shall ensure that 
        such data are reported in a timely manner.
            ``(3) Private sector resources.--To meet the deadline 
        described in paragraph (1), the Director of the Centers for 
        Disease Control and Prevention may, on a temporary or permanent 
        basis, implement systems or products developed by the private 
        sector.
            ``(4) Authority for contracts.--In carrying out this 
        subsection, the Director of the Centers for Disease Control and 
        Prevention may enter into contracts with public and private 
        entities.
    ``(d) National Biointelligence Unit.--The Director of the Centers 
for Disease Control and Prevention shall analyze data maintained by the 
national electronic surveillance program under subsection (b), and data 
from other sources, to report on the prevalence and incidence of 
notifiable diseases and conditions, trends and patterns in public 
health, emerging health problems, regional differences, and other 
analyses determined appropriate by the Director of the Centers for 
Disease Control and Prevention.
    ``(e) Federal Technical Assistance, Communication, and 
Coordination.--
            ``(1) In general.--In carrying out this section, the 
        Secretary shall provide technical assistance to, and provide 
        for appropriate communications to the public, scientific, 
        public health and medical communities, and other key 
        stakeholders, and to provide for the coordination of the 
        activities of--
                    ``(A) State and local health authorities to 
                integrate State and local surveillance activities and 
                systems with the national notifiable disease 
                surveillance program developed under this section and 
                to generally improve State and local notifiable disease 
                reporting and communications; and
                    ``(B) private corporations, professional 
                associations, or other entities that may have sources 
                of surveillance data or access to health care 
                providers, health officials, or other individuals who 
                would need to participate in a surveillance program.
            ``(2) Financial assistance.--Assistance provided under 
        paragraph (1)(B) may include financial assistance for the 
        purpose of formatting or translating data into a form that is 
        most compatible and appropriate for use in the national 
        notifiable disease surveillance program developed under this 
        section.
            ``(3) Health alert registration and information.--
                    ``(A) Registration.--Each health care provider and 
                facility that receives funds under title XVIII of the 
                Social Security Act (42 U.S.C. 1395 et seq.) or that 
                receives funds under a State program under title XIX of 
                such Act (42 U.S.C. 1396 et seq.) shall annually submit 
                to the Secretary a registration that contains the e-
                mail address or fax number of the provider or facility 
                for purposes of enabling the Secretary to provide 
                health alerts in the case of a public health emergency 
                or other circumstance requiring active surveillance.
                    ``(B) Establishment of system.--The Secretary shall 
                establish a system to maintain the information provided 
                by providers and facilities under subparagraph (A). 
                Such system shall be designed--
                            ``(i) to enable providers and facilities--
                                    ``(I) to provide and update 
                                information contained in the system; 
                                and
                                    ``(II) to request information or to 
                                elect to receive additional types of 
                                non-emergency health alerts or 
                                communications; and
                            ``(ii) to enable the Director of the 
                        Centers for Disease Control and Prevention to 
                        provide updated contact information for 
                        providers and facilities to State and local 
                        health authorities for the purpose of emergency 
                        health communications.
    ``(f) Grants to States for Disease Reporting.--
            ``(1) Grants.--The Secretary shall award grants to States 
        to enable such States to conduct passive, active, and when 
        appropriate syndromic surveillance, and timely reporting 
        activities with respect to notifiable diseases.
            ``(2) Eligibility.--To be eligible to receive a grant under 
        paragraph (1), a State shall prepare and submit to the 
        Secretary an application at such time, in such manner, and 
        containing such information as the Secretary may require, 
        including--
                    ``(A) a description of the manner in which grants 
                funds will be used to enhance the timeliness and 
                comprehensiveness of the State's effort to report 
                notifiable diseases to the program under subsection 
                (c); and
                    ``(B) a plan for identifying and reporting to the 
                Secretary the identity of health care providers and 
                facilities that consistently fail to report to the 
                State instances of notifiable diseases in a timely 
                manner.
            ``(3) Enhanced grant.--In the case of a State that submits 
        a plan, as part of the application under paragraph (2), to 
        transition State and local reporting of notifiable diseases to 
        an electronic system that is compatible with the program under 
        subsection (c), the amount of the grant awarded to a State 
        under paragraph (1) shall be increased by an amount determined 
        by the Secretary to be necessary to complete such transition.
            ``(4) Supplement not supplant funds for activities.--A 
        State shall use amounts received under a grant under this 
        subsection to supplement and not supplant other funds made 
        available by the State for the conduct of reporting activities 
        with respect to notifiable diseases.
            ``(5) Reduction in block grant funding.--For fiscal year 
        beginning with fiscal year 2008, if the Secretary determines 
        that a State is not reporting all notifiable diseases to the 
        program established under subsection (c) in a timely manner 
        through the use of an electronic system that is compatible with 
        the program, the State shall not be eligible to receive a grant 
        under part A of title XIX for such fiscal year.
            ``(6) Failure to report.--A health care provider or 
        facility shall not be eligible to receive funds under title 
        XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) or 
        under a State program under title XIX of such Act (42 U.S.C. 
        1396 et seq.) if the Secretary determines, based on a State 
        notification received under the plan described in paragraph 
        (2)(B), that such provider or facility has consistently failed 
        to report, in a timely manner, instances of notifiable diseases 
        to the State for submission to the program under subsection 
        (c).
    ``(g) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this 
section.''.

SEC. 173. ENHANCING CRITICAL CAPACITY FOR ILLNESS DETECTION.

    Section 319C(c) of the Public Health Service Act (42 U.S.C. 247d-
3(c)) is amended--
            (1) in paragraph (3), by striking ``and'' at the end;
            (2) in paragraph (4), by striking the period and inserting 
        ``; and''; and
            (3) by adding at the end the following:
            ``(5) develop benchmarks for meeting critical capacity for 
        food or water borne disease detection and response.''.

SEC. 174. EVALUATION OF PUBLIC HEALTH CAPACITY OUTCOMES.

    Section 319C-1(b) of the Public Health Service Act (42 U.S.C. 247d-
3a(b)) is amended by adding at the end the following:
            ``(3) Evaluation of public health capacity outcomes.--The 
        Director of the Centers for Disease Control and Prevention 
        shall enter into contracts with independent entities for the 
        periodic evaluation of the progress made by State and local 
        governments in meeting the benchmarks established in the plan 
        under paragraph (1)(A)(ii)(V).''.

SEC. 175. NONIMMIGRANT HEALTH SCREENING.

    (a) Parity in Screening for Non-Immigrants.--Section 212(a)(1) of 
the Immigration and Nationality Act (8 U.S.C. 1182(a)(1)) is amended by 
adding at the end the following:
                    ``(D) Application of regulations.--Determinations 
                under subparagraph (A) shall be made based upon 
                regulations promulgated by the Secretary of Health and 
                Human Services under clause (i) of such subparagraph 
                regardless of whether the alien involved is applying 
                for permanent admission or for a visa for a stay of 6 
                months or longer (including aliens seeking a temporary 
                work visa or student visa). The health-related 
                requirements under such regulations shall be applied in 
                the same manner to all such aliens.''.
    (b) Panel Physician Quality Control.--Section 361 of the Public 
Health Service Act (42 U.S.C. 264) is amended by adding at the end the 
following:
    ``(f) Where the United States enters into agreements or contracts 
(or other arrangements) with physicians or other health care providers 
and laboratories in foreign nations for the purpose of conducting 
health screening of aliens seeking temporary or permanent residence in 
the United States, the Secretary shall evaluate each such physician or 
provider on an annual basis to determine (and certify) that the 
physician or provider adequately complies with applicable regulations 
governing the medical screening of applicants for entry into the United 
States.''.

SEC. 176. INSPECTION, SCREENING, AND QUARANTINING OF LIVE ANIMALS.

    Section 362 of the Public Health Service Act (42 U.S.C. 265) is 
amended by adding at the end the following: The Secretary shall 
establish procedures for the appropriate inspection, screening, and 
quarantine of live animals entering the United States for commercial 
purposes, including procedures to protect domestic animal and human 
populations from diseases carried by imported live animals.''.

SEC. 177. AUTHORITY TO PROCURE AIRCRAFT.

    Section 301 of the Public Health Service Act (42 U.S.C. 241 et 
seq.) is amended by adding at the end the following:
    ``(e) The Secretary may procure and maintain aircraft for the 
purpose of transporting personnel, equipment, biological or 
environmental specimens, or humans or animals requiring advanced 
biohazard protection in a timely fashion in the event of an outbreak of 
infectious disease or another public health emergency. In lieu of 
procuring an aircraft under the preceding sentence, the Secretary may 
enter into a contract for air transportation that achieves the purpose 
described in such sentence.''.

                   CHAPTER 2--PUBLIC HEALTH WORKFORCE

SEC. 181. PUBLIC HEALTH WORKFORCE SCHOLARSHIP AND LOAN REPAYMENT 
              PROGRAM.

    Part E of title VII of the Public Health Service Act (42 U.S.C. 
294n et seq.) is amended by adding at the end the following:

  ``Subpart 3--Public Health Workforce Scholarship and Loan Repayment 
                                Program

``SEC. 780. PUBLIC HEALTH WORKFORCE LOAN REPAYMENT PROGRAM.

    ``(a) Establishment.--The Secretary shall establish the Public 
Health Workforce Loan Repayment Program (referred to in this section as 
the `Program') to assure an adequate supply of public health 
professionals to eliminate critical public health preparedness 
workforce shortages in Federal, State, local, and tribal public health 
agencies.
    ``(b) Eligibility.--To be eligible to participate in the Program, 
an individual shall--
            ``(1)(A) be accepted for enrollment, or be enrolled, as a 
        full-time or part-time student in an accredited academic 
        educational institution in a State or territory in the final 
        year of a course of study or program offered by that 
        institution leading to a health professions or medical degree 
        or certificate, which may include a degree (graduate, 
        undergraduate, or associate) or certificate relating to public 
        health, laboratory sciences, or epidemiology; or
            ``(B) have graduated, within 5 years, from an accredited 
        educational institution in a State or territory and received a 
        health professions or medical degree (graduate, undergraduate, 
        or associate) or certificate, which may include a degree 
        (graduate, undergraduate, or associate) or certificate 
        relating, but not limited, to public health laboratory 
        sciences, or epidemiology;
            ``(2)(A) in the case of an individual described in 
        paragraph (1)(A)--
                    ``(i) maintain satisfactory academic progress, as 
                determined by the Secretary; and
                    ``(ii) have accepted employment with the National 
                Institutes of Health, the Food and Drug Administration, 
                the Centers for Disease Control and Prevention, or a 
                State, local, or tribal public health agency, in a 
                priority service area, as recognized by the Secretary, 
                to commence upon graduation; or
            ``(B) in the case of an individual described in paragraph 
        (1)(B), be employed by, or have accepted employment with, the 
        National Institutes of Health, the Food and Drug 
        Administration, the Centers for Disease Control and Prevention, 
        or a State, local, or tribal public health agency, as 
        recognized by the Secretary;
            ``(3) be a United States citizen;
            ``(4) submit an application to the Secretary to participate 
        in the Program; and
            ``(5) sign and submit to the Secretary, at the time of the 
        submittal of such application, a written contract (described in 
        subsection (d)) to serve for the applicable period of obligated 
        service in the full-time employment of the National Institutes 
        of Health, the Food and Drug Administration, the Centers for 
        Disease Control and Prevention, or a State, local, or tribal 
        public health agency.
    ``(c) Dissemination of Information.--
            ``(1) Application and contract forms.--The Secretary shall 
        disseminate application forms and contract forms to individuals 
        desiring to participate in the Program. The Secretary shall 
        include with such forms--
                    ``(A) a summary of the rights and obligations of an 
                individual whose application is approved (and whose 
                contract is accepted) by the Secretary, including in 
                the summary a clear explanation of the damages to which 
                the United States is entitled to recover in the case of 
                the individual's breach of the contract; and
                    ``(B) information relating to the service 
                obligation and such other information as may be 
                necessary for the individual to understand the 
                individual's prospective participation in the Program.
            ``(2) Information for schools.--The Secretary shall 
        distribute to health professions and medical schools and the 
        National Institutes of Health, the Food and Drug 
        Administration, the Centers for Disease Control and Prevention, 
        and relevant State, local, and tribal public health agencies, 
        materials providing information on the Program and shall 
        encourage such schools, and agencies to disseminate such 
        materials to potentially eligible students.
    ``(d) Contract.--The written contract (referred to in this section) 
between the Secretary and an individual shall contain--
            ``(1) an agreement on the part of the Secretary that the 
        Secretary will repay on behalf of the individual loans incurred 
        by the individual in the pursuit of the relevant public health 
        preparedness workforce educational degree or certificate in 
        accordance with the terms of the contract;
            ``(2) an agreement on the part of the individual that the 
        individual will serve, immediately upon graduation in the case 
        of an individual described in subsection (b)(1)(A) service, or 
        in the case of an individual described in subsection (b)(1)(B) 
        continue to serve, in the full-time employment of the National 
        Institutes of Health, the Food and Drug Administration, the 
        Centers for Disease Control and Prevention, or a State, local, 
        or tribal public health agency in a position related to the 
        course of study or program for which the contract was awarded 
        for a period of time (referred to in this section as the 
        `period of obligated service') equal to the greater of--
                            ``(i) 3 years; or
                            ``(ii) such longer period of time as 
                        determined appropriate by the Secretary and the 
                        individual;
            ``(3) in the case of an individual described in subsection 
        (b)(1)(A) who is in the final year of study and who has 
        accepted employment with the National Institutes of Health, the 
        Food and Drug Administration, the Centers for Disease Control 
        and Prevention, or a State, local, or tribal public health 
        agency upon graduation, an agreement on the part of the 
        individual to complete the education or training, maintain a 
        satisfactory acceptable level of academic standing (as 
        determined by the Secretary), and agree to the period of 
        obligated service;
            ``(4) a provision that any financial obligation of the 
        United States arising out of a contract entered into under this 
        section and any obligation of the individual that is 
        conditioned thereon, is contingent on funds being appropriated 
        for loan repayments under this section;
            ``(5) a statement of the damages to which the United States 
        is entitled, under this section for the individual's breach of 
        the contract; and
            ``(6) such other statements of the rights and obligations 
        of the Secretary and of the individual, not inconsistent with 
        this section.
    ``(e) Payments.--
            ``(1) In general.--A loan repayment provided for an 
        individual under a written contract under the Program shall 
        consist of payment, in accordance with paragraph (2), on behalf 
        of the individual of the principal, interest, and related 
        expenses on government and commercial loans received by the 
        individual regarding the undergraduate or graduate education of 
        the individual (or both), which loans were made for--
                    ``(A) tuition expenses; or
                    ``(B) all other reasonable educational expenses, 
                including fees, books, and laboratory expenses, 
                incurred by the individual.
            ``(2) Payments for years served.--
                    ``(A) In general.--For each year of obligated 
                service that an individual contracts to serve under 
                subsection (d) the Secretary may pay up to $35,000 on 
                behalf of the individual for loans described in 
                paragraph (1). With respect to participants under the 
                Program whose total eligible loans are less than 
                $105,000, the Secretary shall pay an amount that does 
                not exceed \1/3\ of the eligible loan balance for each 
                year of obligated service of the individual.
                    ``(B) Repayment schedule.--Any arrangement made by 
                the Secretary for the making of loan repayments in 
                accordance with this subsection shall provide that any 
                repayments for a year of obligated service shall be 
                made no later than the end of the fiscal year in which 
                the individual completes such year of service.
            ``(3) Tax liability.--For the purpose of providing 
        reimbursements for tax liability resulting from payments under 
        paragraph (2) on behalf of an individual--
                    ``(A) the Secretary shall, in addition to such 
                payments, make payments to the individual in an amount 
                not to exceed 39 percent of the total amount of loan 
                repayments made for the taxable year involved; and
                    ``(B) may make such additional payments as the 
                Secretary determines to be appropriate with respect to 
                such purpose.
            ``(4) Payment schedule.--The Secretary may enter into an 
        agreement with the holder of any loan for which payments are 
        made under the Program to establish a schedule for the making 
        of such payments.
    ``(f) Postponing Obligated Service.--With respect to an individual 
receiving a degree or certificate that may require an internship, 
residency, or other relevant public health preparedness advance 
training program, the date of the initiation of the period of obligated 
service may be postponed, upon the submission by the individual of a 
petition for such postponement and approval by the Secretary, to the 
date on which the individual completes an approved internship, 
residency, or other relevant public health preparedness advanced 
training program.
    ``(g) Administrative Provisions.--
            ``(1) Hiring priority.--Notwithstanding any other provision 
        of law, Federal, State, local, and tribal public health 
        agencies may give hiring priority to any individual who has 
        qualified for and is willing to execute a contract to 
        participate in the Program.
            ``(2) Employment ceilings.--Notwithstanding any other 
        provision of law, individuals who have entered into written 
        contracts with the Secretary under this section, who are 
        serving as full-time employees of a State or local public 
        health agency, or who are in the last year of public 
health workforce academic preparation, shall not be counted against any 
employment ceiling affecting the Department or any other Federal 
agency.
    ``(h) Breach of Contract.--An individual who fails to comply with 
the contract entered into under subsection (d) shall be subject to the 
same financial penalties as provided for under section 338E for 
breaches of loan repayment contracts under section 338B.

``SEC. 781. AUTHORIZATION OF APPROPRIATIONS.

    ``For the purpose of carrying out section 780, there is authorized 
to be appropriated such sums as may be necessary for each of fiscal 
years 2006 through 2010.''.

                    CHAPTER 3--PREPAREDNESS UPDATES

SEC. 191. REPORT ON PREPAREDNESS.

    (a) In General.--Not later than 3 months after the date of 
enactment of this Act, the Comptroller General of the United States 
shall provide for the conduct of a study to--
            (1) review existing processes for determining and 
        purchasing the appropriate drugs, vaccines and other biological 
        products, medical devices, and other supplies of the strategic 
        national stockpile, the maintenance of such drugs, vaccines and 
        other biological products, medical devices, and other supplies, 
        and the ability to deploy such drugs, vaccines and other 
        biological products, medical devices, and other supplies 
        (including the distribution of the drugs, vaccines and other 
        biological products, medical devices, and other supplies at the 
        local level) in an emergency situation;
            (2) review and assess the adequacy of existing State and 
        local processes for disease monitoring and control (including 
        activities related to monitoring diseases under BioWatch, 
        BioSense, and other programs that have been initiated or 
        expanded within the last 3 years);
            (3) review the existing ability of the health care 
        community and its response to a mass casualty incidents and 
        other public health emergencies, including interactions between 
        public health, health care, and law enforcement, knowledge and 
        training, surge capacity, influence of the health care 
        community in an urban versus rural setting, and other key 
        components of readiness of the health care community;
            (4) determine whether and to what extent activities 
        undertaken within the 3-year period ending on the date of the 
        study have enhanced supply chain management of drugs, vaccines 
        and other biological products, medical devices, and other 
        supplies that are not included within the strategic national 
        stockpile, including a specific review of supply chain 
        management issues for the influenza vaccine as it relates to 
        the 2004-2005 influenza season;
            (5) evaluate Federal activities primarily related--
                    (A) to research on, preparedness for, and the 
                management of the public health and medical 
                consequences of a bioterrorist attack against the 
                civilian population; and
                    (B) the coordination of the activities described in 
                paragraph (1);
            (6) assess the progress of States in preparing for the 
        public health and medical consequences of a potential 
        bioterrorist attack against the civilian population; and
            (7) review the progress on the implementation of the 
        National Preparedness Plan, as outlined in section 2801 of the 
        Public Health Service Act, as well as the development of 
        preparedness goals as outlined by such section.
    (b) Report.--Not later than 1 year after the date of enactment of 
this Act, the Comptroller General of the United States shall prepare 
and submit to the appropriate committees of Congress, a report 
concerning the results of the study conducted under subsection (a). 
Such report shall include recommendations--
            (1) to improve the activities described in subsection 
        (a)(1);
            (2) to improve the effectiveness of the activities 
        described in subsection (a)(2);
            (3) to improve the capacity of the health care community to 
        respond under the circumstances described in subsection (a)(3) 
        to enhance the protection of the public health;
            (4) to improve the ability of the Secretary of Health and 
        Human Services to carry out the activities described in 
        subsection (a)(4) in the future.
            (5) to improve the effectiveness of the activities 
        described in subsection (a)(5);
            (6) to improve the effectiveness of the activities 
        described in subsection (a)(6), including potentials for and 
        barriers to interstate collaborations; and
            (7) to improve the activities described in subsection 
        (a)(7).

SEC. 192. ENHANCING GLOBAL RESPONSE CAPABILITIES.

    It is the sense of the Senate that, in order to effectively combat 
bioterrorism and prevent against the spread of deadly infectious 
disease, the United States should enhance cooperation with global and 
regional organizations, as well as cooperation with other countries, 
and should establish, enhance, and intensify a wide range of global 
activities to help prevent, detect, and contain infectious disease 
outbreaks and bioterrorism attacks.

 TITLE II--INCREASED BENEFITS FOR FAMILIES OF DECEASED MEMBERS OF THE 
                             ARMED FORCES.

SEC. 201. INCREASE IN DEATH GRATUITY PAYABLE WITH RESPECT TO DEATHS OF 
              MEMBERS OF THE ARMED FORCES FROM COMBAT-RELATED CAUSES OR 
              FROM SERVICE IN OPERATION ENDURING FREEDOM OR IRAQI 
              FREEDOM.

    (a) Increased Amount.--Section 1478 of title 10, United States 
Code, is amended--
            (1) in subsection (a), by inserting ``, except as provided 
        in subsection (c)'' after ``$12,000'';
            (2) by redesignating subsection (c) as subsection (d); and
            (3) by inserting after subsection (b) the following new 
        subsection (c):
    ``(c) The death gratuity payable under sections 1475 through 1477 
of this title is $100,000 (as adjusted under subsection (d)) in the 
case of a death resulting from wounds, injuries, or illnesses that are 
incurred--
            ``(1) as described in section 1413a(e)(2) of this title; or
            ``(2) in the theater of operations for Operation Enduring 
        Freedom or Operation Iraqi Freedom.''.
    (b) Increases Consistent With Increases in Rates of Basic Pay.--
Subsection (d) of such section, as redesignated by paragraph (1)(B), is 
amended by striking ``amount of the death gratuity in effect under 
subsection (a)'' and inserting ``amounts of the death gratuities in 
effect under subsections (a) and (c)''.
    (c) Conforming Amendment.--Subsection (a) of such section, as 
amended by subsection (a) of this section, is further amended by 
striking ``(as adjusted under subsection (c))'' and inserting ``(as 
adjusted under subsection (d))''.
    (d) Effective Date.--This section and the amendments made by this 
section shall take effect as of October 7, 2001, and shall apply with 
respect to deaths occurring on or after such date.

SEC. 202. INCREASE IN AUTOMATIC MAXIMUM COVERAGE UNDER SERVICEMEMBERS' 
              GROUP LIFE INSURANCE AND VETERANS' GROUP LIFE INSURANCE.

    (a) Maximum Under Servicemembers' Group Life Insurance.--Section 
1967 of title 38, United States Code, is amended in subsections (a) and 
(d) by striking ``$250,000'' each place it appears and inserting 
``$300,000''.
    (b) Maximum Under Veterans' Group Life Insurance.--Section 1977(a) 
of title 38, United States Code, is amended by striking ``$250,000'' 
each place it appears and inserting ``$300,000''.
    (c) Effective Date.--This section and the amendments made by this 
section shall take effect on the first day of the first month that 
begins on or after the date of the enactment of this Act.

SEC. 203. INCREASED PERIOD OF CONTINUED TRICARE COVERAGE OF CHILDREN OF 
              MEMBERS OF THE UNIFORMED SERVICES WHO DIE WHILE SERVING 
              ON ACTIVE DUTY FOR A PERIOD OF MORE THAN 30 DAYS.

    (a) Period of Eligibility.--Section 1079(g) of title 10, United 
States Code, is amended--
            (1) by inserting ``(1)'' after ``(g)'';
            (2) by striking the second sentence and inserting the 
        following:
    ``(2) In addition to any continuation of eligibility for benefits 
under paragraph (1), when a member dies while on active duty for a 
period of more than 30 days, the member's dependents who are receiving 
benefits under a plan covered by subsection (a) shall continue to be 
eligible for health benefits under TRICARE Prime for the following 
period:
            ``(A) In the case of a dependent who is a child of the 
        deceased described in subparagraph (D) of section 1072(2) of 
        this title, for the period during which the dependent continues 
        to qualify as a dependent under any of clauses (i), (ii), and 
        (iii) of such subparagraph.
            ``(B) In the case of a person who, on the day before the 
        date of the member's death, is a dependent of the member 
        described in subparagraph (I) of section 1072(2) of this title, 
        for the period during which that person continues to meet the 
        conditions set forth in any of subclauses (I), (II), and (III) 
        of clause (ii) of such subparagraph.
            ``(C) In the case of other dependents, for the three-year 
        period beginning on the date of the member's death.
    ``(3) The terms and conditions under which health benefits are 
provided under this chapter to a dependent of a deceased member under 
paragraph (2)(A) shall be the same as those that would apply to the 
dependent under this chapter if the member were living and serving on 
active duty for a period of more than 30 days.
    ``(4) In this subsection, the term `TRICARE Prime' means the 
managed care option of the TRICARE program.''.
    (b) Effective Date.--This section and the amendments made by this 
section shall take effect as of October 7, 2001, and shall apply with 
respect to deaths occurring on or after such date.

          TITLE III--HOMELAND SECURITY TECHNOLOGY IMPROVEMENT

SEC. 301. SHORT TITLE.

    This title may be cited as the ``Homeland Security Technology 
Improvement Act of 2005''.

SEC. 302. HOMELAND SECURITY TRANSFER PROGRAM.

    (a) In General.--Section 430 of the Homeland Security Act of 2002 
(6 U.S.C. 238) is amended--
            (1) by redesignating subsection (d) as subsection (e);
            (2) in subsection (c)--
                    (A) in paragraph (7), by striking ``and'' at the 
                end;
                    (B) in paragraph (8), by striking the period and 
                inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(9) overseeing and coordinating a multi-agency homeland 
        security technology, equipment, and information transfer 
        program to allow for the transfer of technology, equipment, and 
        information to State and local law enforcement agencies.''; and
            (3) by inserting after subsection (c) the following:
    ``(d) Technology, Equipment, and Information Transfer Program.--
            ``(1) In general.--The Director shall--
                    ``(A) identify counterterrorism technologies, 
                equipment, and information developed or proven to be 
                effective by--
                            ``(i) consulting with the Undersecretary 
                        for Science and Technology;
                            ``(ii) establishing an advisory committee 
                        comprised of retired and active-duty law 
                        enforcement officials from geographically 
                        diverse regions;
                            ``(iii) consulting with State and local law 
                        enforcement agencies; and
                            ``(iv) entering into agreements and 
                        coordinating with other Federal agencies to 
                        maximize the effectiveness of the technologies, 
                        equipment, and information available to law 
                        enforcement agencies;
                    ``(B) make these technologies, equipment, and 
                information available to State and local law 
                enforcement agencies on an annual basis;
                    ``(C) accept applications from the head of State 
                and local law enforcement agencies that wish to acquire 
                such technologies, equipment, and information to 
                improve the homeland security capabilities of those 
                agencies, and review such applications in coordination 
                with the advisory committee established under 
                subparagraph (A)(ii); and
                    ``(D) transfer the approved technology, equipment, 
                and information, and provide the appropriate training 
                to the State or local law enforcement agency pending 
                the approval of the application of the State or local 
                law enforcement agency under subparagraph (C).
            ``(2) Limitation on administration expenditure.--No more 
        than 10 percent of the budget of the technology, equipment, and 
        information transfer program under this subsection may be used 
        for administrative expenses.
            ``(3) Authorization of Appropriations.--There are 
        authorized to be appropriated $50,000,000 for each of fiscal 
        years 2006 through 2016 to carry out this subsection.''.

                  TITLE IV--ANTITERRORISM IMPROVEMENTS

     Subtitle A--Denial of Federal Benefits to Convicted Terrorists

SEC. 401. DENIAL OF FEDERAL BENEFITS TO CONVICTED TERRORISTS.

    (a) In General.--Chapter 113B of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 2339E. Denial of Federal benefits to terrorists
    ``(a) In General.--Any individual who is convicted of a Federal 
crime of terrorism (as defined in section 2332b(g)) 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) Federal Benefit Defined.--As used in this section, the term 
`Federal benefit' has the meaning given the term in section 421(d) of 
the Controlled Substances Act (21 U.S.C. 862(d)).''.
    (b) Chapter Analysis.--The table of sections of chapter 113B of 
title 18, United States Code, is amended by inserting at the end the 
following:

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

              Subtitle B--Streamlined Information Sharing

SEC. 411. UNIFORM STANDARDS FOR INFORMATION SHARING ACROSS FEDERAL 
              AGENCIES.

    (a) Telephone Records.--Section 2709(d) of title 18, United States 
Code, is amended by striking ``for foreign'' and all that follows 
through ``such agency''.
    (b) Consumer Information Under 15 U.S.C. 1681u.--Section 625(f) of 
the Fair Credit Reporting Act (15 U.S.C. 1681u(f)) is amended to read 
as follows:
    ``(f) Dissemination of Information.--The Federal Bureau of 
Investigation may disseminate information obtained pursuant to this 
section only as provided in guidelines approved by the Attorney 
General.''.
    (c) Consumer Information Under 15 U.S.C. 1681v.--Section 626 of the 
Fair Credit Reporting Act (15 U.S.C. 1681v) is amended--
            (1) by redesignating subsections (d) and (e) as subsections 
        (e) and (f), respectively; and
            (2) by inserting after subsection (c) the following:
    ``(d) Dissemination of Information.--The Federal Bureau of 
Investigation may disseminate information obtained pursuant to this 
section only as provided in guidelines approved by the Attorney 
General.''.
    (d) Financial Records.--Section 1114(a)(5)(B) of the Right to 
Financial Privacy Act (12 U.S.C. 3414(a)(5)(B)) is amended by striking 
``for foreign'' and all that follows through ``such agency''.
    (e) Records Concerning Certain Government Employees.--Section 
802(e) of the National Security Act of 1947 (50 U.S.C. 436(e)) is 
amended--
            (1) by striking ``An agency'' and inserting the following: 
        ``The Federal Bureau of Investigation may disseminate records 
        or information received pursuant to a request under this 
        section only as provided in guidelines approved by the Attorney 
        General. Any other agency''; and
            (2) in paragraph (3), by striking ``clearly''.

SEC. 412. AUTHORIZATION TO SHARE NATIONAL-SECURITY INFORMATION WITH 
              STATE AND LOCAL GOVERNMENTS.

    (a) Information Obtained in National Security Investigations.--
Section 203(d) of the USA PATRIOT ACT (50 U.S.C. 403-5d) is amended--
            (1) in paragraph (1), by striking ``criminal 
        investigation'' each place it appears and inserting ``criminal 
        or national security investigation''; and
            (2) by amending paragraph (2) to read as follows:
            ``(2) Definitions.--As used in this subsection--
                    ``(A) the term `foreign intelligence information' 
                means--
                            ``(i) information, whether or not 
                        concerning a United States person, that relates 
                        to the ability of the United States to protect 
                        against--
                                    ``(I) actual or potential attack or 
                                other grave hostile acts of a foreign 
                                power or an agent of a foreign power;
                                    ``(II) sabotage or international 
                                terrorism by a foreign power or an 
                                agent of a foreign power; or
                                    ``(III) clandestine intelligence 
                                activities by an intelligence service 
                                or network of a foreign power or by an 
                                agent of a foreign power; or
                            ``(ii) information, whether or not 
                        concerning a United States person, with respect 
                        to a foreign power or foreign territory that 
                        relates to--
                                    ``(I) the national defense or the 
                                security of the United States; or
                                    ``(II) the conduct of the foreign 
                                affairs of the United States; and
                    ``(B) the term `national security investigation'--
                            ``(i) means any investigative activity to 
                        protect the national security; and
                            ``(ii) includes--
                                    ``(I) counterintelligence and the 
                                collection of intelligence (as defined 
                                in section 3 of the National Security 
                                Act of 1947 (50 U.S.C. 401a)); and
                                    ``(II) the collection of foreign 
                                intelligence information.''.
    (b) Conforming Amendment.--Section 203(c) of the USA PATRIOT ACT 
(18 U.S.C. 2517 note) is amended by striking ``Rule 6(e)(3)(C)(i)(V) 
and (VI)'' and inserting ``Rule 6(e)(3)(D)''.

             Subtitle C--Protecting Critical Infrastructure

SEC. 421. ATTACKS AGAINST RAILROAD CARRIERS, PASSENGER VESSELS, 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, passenger vessels, 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, a passenger vessel, or a mass 
        transportation vehicle;
            ``(2) with intent to endanger the safety of any passenger 
        or employee of a railroad carrier, passenger vessel, or mass 
        transportation provider, or with a reckless disregard for the 
        safety of human life, and without previously obtaining the 
        permission of the railroad carrier, mass transportation 
        provider, or owner of the passenger vessel--
                    ``(A) places any biological agent or toxin, 
                destructive substance, or destructive device in, upon, 
                or near railroad on-track equipment, a passenger 
                vessel, or a mass transportation vehicle; or
                    ``(B) releases a hazardous material or a biological 
                agent or toxin on or near the property of a railroad 
                carrier, owner of a passenger vessel, or mass 
                transportation provider;
            ``(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 previously obtaining the permission 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 previously 
                obtaining the permission 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
                    ``(C) structure, supply, or facility used in the 
                operation of, or in the support of the operation of, a 
                passenger vessel, without previously obtaining the 
                permission of the owner of the passenger vessel, and 
                with intent to, or knowing or having reason to know 
                that such activity would likely disable or wreck a 
                passenger vessel;
            ``(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 rail carrier or mass transportation provider;
            ``(5) with intent to endanger the safety of any passenger 
        or employee of a railroad carrier, owner of a passenger vessel, 
        or mass transportation provider 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, a passenger vessel, or a mass 
        transportation vehicle;
            ``(6) engages in conduct, including the use of a dangerous 
        weapon, with the intent to cause death or serious bodily injury 
        to any person who is on the property of a railroad carrier, 
        owner of a passenger vessel, or mass transportation provider 
        that is used for railroad or mass transportation purposes;
            ``(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, imprisoned not more than 20 years, or 
both.
    ``(b) Aggravated Offense.--Whoever commits an offense under 
subsection (a) in a circumstance in which--
            ``(1) the railroad on-track equipment, passenger vessel, or 
        mass transportation vehicle was carrying a passenger or 
        employee at the time of the offense;
            ``(2) the railroad on-track equipment, passenger vessel, 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, passenger vessel, 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, imprisoned for any term of years or 
life, or both. The term of imprisonment for a violation described in 
paragraph (2) shall be not less than 30 years. In the case of a 
violation described in paragraph (4), 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 described 
in this subsection 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, owner of a passenger vessel, or railroad carrier 
        engaged in or affecting interstate or foreign commerce.
            ``(2) Any person who 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) Nonapplicability.--Subsection (a) does not apply to the 
conduct with respect to a destructive substance or destructive device 
that is also classified under chapter 51 of title 49 as a hazardous 
material in commerce if the conduct--
            ``(1) complies with chapter 51 of title 49 and regulations, 
        exemptions, approvals, and orders issued under that chapter; or
            ``(2) constitutes a violation, other than a criminal 
        violation, of chapter 51 of title 49 or a regulation or order 
        issued under that chapter.
    ``(e) Definitions.--In this section--
            ``(1) the term `biological agent' has the meaning given the 
        term in section 178(1);
            ``(2) the term `dangerous weapon' means a weapon, device, 
        instrument, material, or substance, animate or inanimate, that 
        is used for, or is readily capable of, causing death or serious 
        bodily injury, including a pocket knife with a blade of less 
        than 2\1/2\ inches in length and a box cutter;
            ``(3) the term `destructive device' has the meaning given 
        the 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 
        the term in section 5102(2) of title 49;
            ``(6) the term `high-level radioactive waste' has the 
        meaning given the 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 
        the 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 the term 
        in section 20102(1) of title 49;
            ``(11) the term `railroad carrier' has the meaning given 
        the term in section 20102(2) of title 49;
            ``(12) the term `serious bodily injury' has the meaning 
        given the term in section 1365(h)(3);
            ``(13) the term `spent nuclear fuel' has the meaning given 
        the 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 the term in 
        section 2266(8);
            ``(15) the term `toxin' has the meaning given the term in 
        section 178(2);
            ``(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; and
            ``(17) the term `passenger vessel' has the meaning given 
        the term in section 2101(22) of title 46, United States Code, 
        and includes a small passenger vessel (as defined under section 
        2101(35) of that title).''.
    (b) Conforming Amendments.--
            (1) Table of sections.--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, 
                            passenger vessels, and against mass 
                            transportation systems on land, on water, 
                            or through the air.''.
            (2) Table of chapters.--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) Conforming amendments.--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. 422. 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 (as that term is 
        defined under section 2285(c)) of any seaport; or'';
            (2) in subsection (b)(1), by striking ``5'' and inserting 
        ``10'';
            (3) in subsection (c)(1), by inserting ``, captain of the 
        seaport,'' after ``airport authority''; and
            (4) in the section heading, by inserting ``or seaport'' 
        after ``airport''.
    (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 to which a vessel may be 
secured, areas of land, water, or land and water under and in immediate 
proximity to such structures, and 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. 423. 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) provide 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, which that person knows is false.
    ``(b) 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 Undersecretary for Border and Transportation 
Security of the Department 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.
    ``(c) 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.
    ``(d) 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(c) 
        of the Maritime Drug Law Enforcement Act (46 App. U.S.C. 
        1903(b)); and
            ``(4) the term `vessel of the United States' has the 
        meaning given the term in section 2(c) of the Maritime Drug Law 
        Enforcement Act (46 App. U.S.C. 1903(b)).
    ``(e) Any person who intentionally violates the provisions of this 
section shall be fined under this title, imprisoned for not more than 5 
years, or both.''.
    (b) Technical and 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. 424. CRIMINAL SANCTIONS FOR VIOLENCE AGAINST MARITIME NAVIGATION, 
              PLACEMENT OF DESTRUCTIVE DEVICES, AND MALICIOUS DUMPING.

    (a) Violence Against Maritime Navigation.--Section 2280(a) of title 
18, United States Code, is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (H), by striking ``(G)'' and 
                inserting ``(H)'';
                    (B) by redesignating subparagraphs (F), (G), and 
                (H) as subparagraphs (G), (H), and (I), respectively; 
                and
                    (C) by inserting after subparagraph (E) the 
                following:
                    ``(F) 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;''; and
            (2) in paragraph (2), by striking ``(C) or (E)'' and 
        inserting ``(C), (E), or (F)''.
    (b) Placement of Destructive Devices.--
            (1) In general.--Chapter 111 of title 18, United States 
        Code, is amended by adding after section 2280 the following:
``Sec. 2280A. Devices or 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 
substance which is likely to destroy or cause damage to a vessel or its 
cargo, or cause interference with the safe navigation of vessels, or 
interference with maritime commerce, such as by damaging or destroying 
marine terminals, facilities, and any other marine structure or entity 
used in maritime commerce, with the intent of causing such destruction 
or damage, or interference with the safe navigation of vessels or with 
maritime commerce, shall be fined under this title, imprisoned for any 
term of years or for life, or both; and if the death of any person 
results from conduct prohibited under this subsection, may be punished 
by death.
    ``(b) Nothing in this section shall be construed to apply to 
otherwise lawfully authorized and conducted activities of the United 
States Government.''.
            (2) Technical and conforming amendment.--The table of 
        sections for chapter 111 of title 18, United States Code, is 
        amended by adding after the item related to section 2280 the 
        following:

``2280A. Devices or substances in waters of the United States likely to 
                            destroy or damage ships or to interfere 
                            with maritime commerce.''.
    (c) Malicious Dumping.--
            (1) In general.--Chapter 111 of title 18, United States 
        Code, is amended by adding at the end the following:
``Sec. 2282. Knowing discharge or release
    ``(a) Endangerment of Human Life.--Any person who knowingly 
discharges or releases oil, a hazardous material, a noxious liquid 
substance, or any other dangerous substance into the navigable waters 
of the United States or the adjoining shoreline with the intent to 
endanger human life, health, or welfare shall be fined under this title 
and imprisoned for any term of years or for life.
    ``(b) Endangerment of Marine Environment.--Any person who knowingly 
discharges or releases oil, a hazardous material, a noxious liquid 
substance, or any other dangerous substance into the navigable waters 
of the United States or the adjacent shoreline with the intent to 
endanger the marine environment shall be fined under this title, 
imprisoned not more than 30 years, or both.
    ``(c) Definitions.--In this section:
            ``(1) Discharge.--The term `discharge' means any spilling, 
        leaking, pumping, pouring, emitting, emptying, or dumping.
            ``(2) Hazardous material.--The term `hazardous material' 
        has the meaning given the term in section 2101(14) of title 46, 
        United States Code.
            ``(3) Marine environment.--The term `marine environment' 
        has the meaning given the term in section 2101(15) of title 46, 
        United States Code.
            ``(4) Navigable waters.--The term `navigable waters' has 
        the meaning given the term in section 1362(7) of title 33, and 
        also includes the territorial sea of the United States as 
        described in Presidential Proclamation 5928 of December 27, 
        1988.
            ``(5) Noxious liquid substance.--The term `noxious liquid 
        substance' has the meaning given the term in the MARPOL 
        Protocol defined in section 2(1) of the Act to Prevent 
        Pollution from Ships (33 U.S.C. 1901(a)(3)).''.
            (2) Technical and conforming amendment.--The table of 
        sections for chapter 111 of title 18, United States Code, is 
        amended by adding at the end the following:

``2282. Knowing discharge or release.''.

SEC. 425. TRANSPORTATION OF DANGEROUS MATERIALS AND TERRORISTS.

    (a) Transportation of Dangerous Materials and Terrorists.--Chapter 
111 of title 18, as amended by this Act, is amended by adding at the 
end the following:
``Sec. 2283. Transportation of explosive, biological, chemical, or 
              radioactive or nuclear materials
    ``(a) In General.--Any person who knowingly and willfully 
transports aboard any vessel within the United States, on the high 
seas, or having United States nationality, an explosive or incendiary 
device, biological agent, chemical weapon, or radioactive or nuclear 
material, knowing that any such item is intended to be used to commit 
an offense listed under section 2332b(g)(5)(B), shall be fined under 
this title, imprisoned for any term of years or for life, or both; and 
if the death of any person results from conduct prohibited by this 
subsection, may be punished by death.
    ``(b) 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.
            ``(4) Explosive or incendiary device.--The term `explosive 
        or incendiary device' has the meaning given the term in section 
        232(5).
            ``(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.
            ``(7) 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)).
            ``(8) 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.--Any person who knowingly and willfully 
transports any terrorist aboard any vessel within the United States, on 
the high seas, or having United States nationality, knowing that the 
transported person is a terrorist, shall be fined under this title, 
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) Technical and Conforming Amendment.--The table of sections for 
chapter 111 of title 18, United States Code, as amended by this Act, is 
amended by adding at the end the following:

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

SEC. 426. DESTRUCTION OR INTERFERENCE WITH VESSELS OR MARITIME 
              FACILITIES.

    (a) In General.--Part 1 of 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.
``2291. Jurisdiction and scope.
``2292. Destruction of vessel or maritime facility.
``2293. Imparting or conveying false information.
``2294. Bar to prosecution.
``Sec. 2291. Jurisdiction and scope
    ``(a) Jurisdiction.--There is jurisdiction over an offense under 
this chapter if the prohibited activity takes place--
            ``(1) within the United States or within waters subject to 
        the jurisdiction of the United States; or
            ``(2) outside United States and--
                    ``(A) an offender or a victim is a national of the 
                United States (as that term is defined under section 
                101(a)(22) of the Immigration and Nationality Act (8 
                U.S.C. 1101(a)(22));
                    ``(B) the activity involves a vessel in which a 
                national of the United States was on board; or
                    ``(C) the activity involves a vessel of the United 
                States (as that term is defined under section 2(c) of 
                the Maritime Drug Law Enforcement Act (42 App. U.S.C. 
                1903(c)).
    ``(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. 2292. Destruction of vessel or maritime facility
    ``(a) Offense.--Whoever willfully--
            ``(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)) or destructive substance (as 
        defined in section 13) in, upon, or in proximity to, 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 in 
        proximity to, any maritime facility, including but not limited 
        to, any aid to navigation, lock, canal, or vessel traffic 
        service facility or equipment, or interferes by force or 
        violence with the operation of such facility, if such action is 
        likely to endanger the safety of any vessel in navigation;
            ``(4) sets fire to, damages, destroys, or disables or 
        places a destructive device or substance in, upon, or in 
        proximity to 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;
            ``(5) 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;
            ``(6) performs an act of violence against a person that 
        causes or is likely to cause serious bodily injury (as defined 
        in section 1365) in, upon, or in proximity to 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;
            ``(7) 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
            ``(8) attempts or conspires to do anything prohibited under 
        paragraphs (1) through (7),
shall be fined under this title, imprisoned not more than 20 years, or 
both.
    ``(b) Limitation.--Subsection (a) shall not apply to any person 
that is engaging in otherwise lawful activity, such as normal repair 
and salvage activities, and the lawful transportation of hazardous 
materials.
    ``(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 title 18, imprisoned for a term up to 
life, or both.
    ``(d) Penalty When Death Results.--Whoever is convicted of any 
crime prohibited by subsection (a), which has resulted in the death of 
any person, shall be subject also to the death penalty or to 
imprisonment for life.
    ``(e) Threats.--Whoever willfully 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, imprisoned not more than 5 years, or both, and 
is liable for all costs incurred as a result of such threat.
``Sec. 2293. 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 which would be a crime prohibited by this chapter 
or by chapter 111, 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 willfully and maliciously, or 
with reckless disregard for the safety of human life, imparts or 
conveys or causes to be imparted or conveyed false information, knowing 
the information to be false, concerning an attempt or alleged attempt 
to do any act which would be a crime prohibited by this chapter or by 
chapter 111 of this title, shall be fined under this title, imprisoned 
not more than 5 years, or both.
    ``(c) Jurisdiction.--
            ``(1) In general.--Except as provided under paragraph (2), 
        section 2291(a) shall not apply to any offense under this 
        section.
            ``(2) Jurisdiction.--Jurisdiction over an offense under 
        this section shall be determined in accordance with the 
        provisions applicable to the crime prohibited by this chapter, 
        or by chapter 2, 97, or 111 of this title, to which the 
        imparted or conveyed false information relates, as applicable.
``Sec. 2294. Bar to prosecution
    ``(a) In General.--It is a bar to prosecution under this chapter 
if--
            ``(1) the conduct in question occurred within the United 
        States in relation to a labor dispute, and such conduct is 
        prohibited as a felony under the law of the State in which it 
        was committed; or
            ``(2) such conduct is prohibited as a misdemeanor under the 
        law of the State in which it was committed.
    ``(b) Definitions.--In this section:
            ``(1) Labor dispute.--The term `labor dispute' has the same 
        meaning given that term in section 113(c) of the Norris-
        LaGuardia Act (29 U.S.C. 113(c)).
            ``(2) State.--The term `State' means a State of the United 
        States, the District of Columbia, and any commonwealth, 
        territory, or possession of the United States.''.
    (b) Technical and 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. 427. 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 ``one 
        year'' and inserting ``3 years''; 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.--Sections 
        2312 and 2313 of title 18, United States Code, are each amended 
        by striking ``motor vehicle or aircraft'' and inserting ``motor 
        vehicle, vessel, or aircraft''.
    (c) Review of Sentencing Guidelines.--Pursuant to section 994 of 
title 28, United States Code, the United States Sentencing Commission 
shall review the Federal Sentencing Guidelines to determine whether 
sentencing enhancement is appropriate for any offense under section 659 
or 2311 of title 18, United States Code.
    (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.
    (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 not later than December 31, 2005.

SEC. 428. 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 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'' 
each place it occurs and inserting ``$10,000''.

SEC. 429. 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 in 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, imprisoned not more than 20 
        years, or both; and
            ``(3) if an individual commits an act proscribed by this 
        section, with the intent to cause death, and if the death of 
        any person other than a participant occurs as a result of a 
        violation of this section, shall be fined under this title, 
        imprisoned for any number of years or for life, or both.''.

SEC. 430. 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.--Any person who knowingly--
            ``(1) directly or indirectly, corruptly gives, offers, or 
        promises anything of value to any public or private person, 
        with intent--
                    ``(A) to commit international or domestic terrorism 
                (as that term is defined under section 2331);
                    ``(B) to influence any action or any person to 
                commit or aid in committing, or collude in, or allow, 
                any fraud, or make opportunity for the commission of 
                any fraud affecting any secure or restricted area or 
                seaport; or
                    ``(C) to induce any official or person to do or 
                omit to do any act in violation of the fiduciary duty 
                of such official or person which 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, imprisoned not more than 15 years, or 
both.
    ``(b) Definition.--In this section, the term `secure or restricted 
area' has the meaning given that term in section 2285(c).''.
    (b) Technical and 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.''.
                                 <all>