[Congressional Record Volume 151, Number 106 (Friday, July 29, 2005)]
[Senate]
[Pages S9558-S9579]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
USA PATRIOT AND TERRORISM PREVENTION REAUTHORIZATION ACT OF 2005
Mr. FRIST. Mr. President, I ask unanimous consent that the Senate
proceed to the immediate consideration of H.R. 3199, the House-passed
PATRIOT Act reauthorization bill. I further ask unanimous consent that
all after the enacting clause be stricken, the text of the committee-
reported substitute to Calendar No. 171, S. 1389 be inserted, the bill,
as amended, be read a third time and passed, and the Senate insist on
its amendment and request a conference with the House with a ratio of
six to four.
The PRESIDING OFFICER. Is there objection?
Mr. WYDEN. Reserving the right to object.
The PRESIDING OFFICER. The Senator from Oregon.
Mr. WYDEN. Mr. President, I intend to be very brief. Tonight the
Senate is passing the renewal of the USA PATRIOT Act by unanimous
consent. It is certainly not often that such a procedure would be used
for a statute of such extraordinary importance. I believe that it is
possible to fight terrorism ferociously without sacrificing civil
liberties. Tonight I remain concerned that there will be an effort in
the conference between the House and the Senate to authorize what are
known as administrative subpoenas for the FBI under the law. These
administrative subpoenas are warrants that FBI field offices can write
themselves without having to make an application to a judge.
Under an administrative subpoena, an FBI field office could get
records secretly for just about anything from just about anybody. Here
is an example of how intrusive these administrative subpoenas could be.
There are 56 field offices, one in almost every major city. The head of
a field office could issue an administrative subpoena to a hospital
director and ask for all of the hospital's medical records simply by
claiming they were relevant to an investigation, the hospital director
was busy or didn't have the resources to make a challenge. No judge
would ever see the subpoena. The patients would not know their records
had been seized. They would be totally in the dark. Your mother's, your
husband's, your own medical records could move into the Government's
hands, and you would be none the wiser.
Despite the very aggressive efforts in the Senate to include this
power to conduct these what I believe are fishing expeditions, it is
not in the version of the PATRIOT Act that is being passed tonight,
since it is not in the House bill either. My view is that under rule
XXVIII, it would be outside the scope of the conference to include
these administrative subpoenas in any form in the PATRIOT Act. If I am
informed later that it is in the conference report in some form, I will
make a point of order at that time and the conference report would
fall.
Finally, I want to state that I commend our leader, Senator Reid and
Senator Leahy, for their handling of this. I know Senator Durbin has
been very involved in these issues for years as well. I also want to
commend Chairman Specter who has talked with me about the PATRIOT Act
on a number of occasions. We can strike a balance. We can ensure that
we pull out all the stops to fight the terrorists without throwing our
civil liberties into the ash can. If these administrative subpoenas
show up in that conference report, that will skew the balance that is
so important to make sure we can win the war on terrorism but also to
protect the rights that we have brave men and women fighting for.
I yield the floor.
Mr. REID. Mr. President, last week, after negotiations that went late
into the night and early morning, the Judiciary Committee unanimously
approved S. 1389, a bipartisan, compromise bill to build on the PATRIOT
Act.
This bill, entitled the USA PATRIOT Improvement and Reauthorization
Act of 2005, is not perfect. Like all compromises, it includes
provisions that are not supported by everyone in this body. However,
Democratic and Republican members of the Judiciary Committee came
together in a spirit of cooperation and compromise to agree on this
bill, and I strongly support it.
I am very pleased that we have also been able to bring Republicans
and Democrats together in the full Senate to pass this bill by
unanimous consent. Given the divisions we have seen over this
legislation in the years since it was passed, I believe it is very
important for our Nation and for the American people that we have been
able to compromise and to come together in a spirit of bipartisanship
to pass this legislation unanimously.
This bill preserves the vital tools the Government needs to protect
our national security. At the same time, it puts in place some
important checks on the expanded authorities granted the government by
the original PATRIOT Act.
Although Members of both parties may feel there are additional
improvements that can be made to this bill, Senate Democrats have
agreed to join our colleagues on the other side of the aisle to take up
and pass the compromise legislation approved unanimously by the
Judiciary Committee with no amendments in order.
The President and other officials in his administration have
repeatedly called upon Congress to renew the PATRIOT Act as quickly as
possible. Senate Democrats agree with the President that we should
reauthorize the PATRIOT Act and do so quickly. We
[[Page S9559]]
are pleased to be able to pass this bill today.
I only hope the spirit of bipartisanship and cooperation we have
witnessed to this point continues throughout the rest of the
legislative process. The next step in this process is a conference with
the House. The Senate is passing a very good bill, and I urge Senate
conferees--Democratic and Republican--to do everything they can to
defend its provisions in the conference report. If they do so, I am
confident the bipartisanship and cooperation we see today will continue
and we will get a conference report that will be strongly supported by
Members on both sides of the aisle.
Mr. SPECTER. Mr. President, I seek recognition to comment on the
Senate's passage of the USA PATRIOT Improvement and Reauthorization Act
of 2005. When I introduced this legislation just 2 weeks ago with my
colleagues Senator Feinstein and Senator Kyl, I did not expect to be
lauding its passage so soon but I am gratified by what we have
accomplished in so short a period of time.
The alacrity of the bill's passage is a testament to the significant
work that preceded its introduction and the intense efforts of many in
the days that followed. The bill has been refined and improved to
address the concerns of those on both sides of the political aisle.
The bill has been modified to exclude some provisions that may have
had unintended consequences. For example, a provision that would have
required criminal investigators to notify a court after sharing the
contents of a criminal wiretap with intelligence officers was deleted
in response to concerns that it might have discouraged interagency
information sharing. Likewise, a provision that increased requirements
for pen registers under the Foreign Intelligence Surveillance Act, or
FISA, was removed to maintain parity between intelligence-related pen
registers and criminal pen registers. And, a provision requiring public
reporting of FISA pen register information was removed, in favor of
enhanced congressional access to this information.
At the same time, additional safeguards have been added to the bill
to ensure that the authorities conferred by the PATRIOT Act are
utilized in a manner that preserves civil liberties. For example, for
delayed notice or so-called ``sneak and peek'' warrants, the bill now
requires notice of the search to be given within seven days of its
execution, unless the court finds that the facts of the case justify a
later date. This change is consistent with pre-PATRIOT case law in at
least two circuits, which favored initial delays of seven days.
Nevertheless, the revised bill gives law enforcement the flexibility to
obtain longer delays with court approval, if justified by the facts.
We have also modified the relevance standard for court orders to
obtain business records and tangible things in intelligence cases, the
so-called ``library'' provision. As introduced, the bill required
applications for such orders to include ``a statement of facts''
showing ``reasonable grounds to believe that the records or other
things sought are relevant to an authorized investigation.'' The
revised bill further defines relevant records as those that: (1)
pertain to a foreign power or an agent of a foreign power; (2) are
relevant to the activities of a suspected agent of a foreign power; or
(3) pertain to an individual in contact with, or known to, a suspected
agent of a foreign power. This language addresses concerns about
government ``fishing'' expeditions, but maintains substantial latitude
for legitimate terrorism investigations.
These changes and similar improvements, many of which were hammered
out during late-night negotiations among Judiciary Committee staff, led
to a hard-won unanimous vote when the committee considered the
legislation last week. Indeed, this compromise secured the support of
ardent conservatives and liberals alike, including the one member who
voted against the original PATRIOT Act--my colleague from Wisconsin,
Senator Feingold.
As I said when I introduced this legislation, the recent attacks in
London serve as reminder that the danger of international terrorism
remains real, and has not abated in the years since 9/11. So, we must
remain vigilant, and we must be cautious not to recreate the legal
circumstances that arguably contributed to significant intelligence
failures before 9/11. As I have said, reauthorizing the PATRIOT Act,
while incorporating improvements designed to safeguard our liberties
and enhance oversight, is the right thing to do. So I am very pleased
that the Senate has overcome partisan differences to endorse this bill
unanimously.
Before I close, I would like to take a moment to thank those who have
contributed to this significant achievement. First, I thank my original
cosponsors, Senators Feinstein and Kyl, for the leadership they have
demonstrated on terrorism matters. I also thank Senator Leahy, the
committee's ranking member, for working to secure broad bipartisan
support of this measure and contributing substantially to the bill
itself. I am also grateful to all of the members of the Judiciary
Committee who made important improvements to the final bill and
demonstrated a remarkable willingness to work together in a collegial
fashion.
I offer a special thanks to the distinguished chairman of the Select
Committee on Intelligence, Senator Roberts. Together with the vice
chairman, Senator Rockefeller, he held several oversight hearings on
the PATRIOT Act, and reported a separate reauthorization bill. His
bill, and his expertise, will continue to inform our review of the
PATRIOT Act's intelligence provisions.
I am also grateful to my predecessor as chairman of the Judiciary
Committee, Senator Hatch, who played a leading role in passage of the
original PATRIOT Act and has been a strong advocate for the act in the
years since it was enacted.
I also thank our majority and minority leaders, Senators Frist and
Reid, for the personal attention that they and their staffs have
devoted to this legislation and the efforts to secure unanimous consent
for its passage.
Finally, I thank my own staff who have worked tirelessly on this
bill. Those who have assisted with this measure are too numerous to
mention, but I would like to acknowledge the steady leadership of the
Judiciary Committee's chief counsel, Michael O'Neill, chief of staff
and staff director, David Brog, and deputy chief counsel, Joe Jacquot.
I also thank chief crime counsel Brett Tolman and counsel Nick Rossi
for spearheading this effort. They were greatly aided by my general
counsel, Carolyn Short, counsels Hannibal Kemerer and Evan Kelly, and
staff members Adam Turner, Lisa Owings, Kim Aytes, Viana Cabral, Diane
Paulitz and Lissa Camacho. We all know that our work is supported by a
large cast of talented staff, and I am very grateful to my staff, and
the entire staff of the Judiciary Committee, for their efforts on this
important legislation.
With regard to the staff of other Members, I extend my personal
thanks to Steven Cash with Senator Feinstein; Joe Matal and Stephen
Higgins with Senator Kyl; Bruce Cohen, Julie Katzman and Tara Magner
with Senator Leahy; Bruce Artim and Ken Valentine with Senator Hatch;
Joe Zogby with Senator Durbin; Rita Lari and Chad Groover with Senator
Grassley; Reed O'Connor with Senator Cornyn; Neil McBride and Eric
Rosen with Senator Biden; Ajit Pai with Senator Brownback; Preet Bahara
with Senator Schumer; Paul Thompson with Senator DeWine; Lara Flint
with Senator Feingold; Cindy Hayden and Amy Blankenship with Senator
Sessions; Mary Chesser with Senator Coburn; Mark Blumberg and Christine
Leonard with Senator Kennedy; Nate Jones and Patricia Curran with
Senator Kohl; and James Galyean with Senator Graham. Their willingness
to work closely with my staff under sometimes difficult circumstances
was much appreciated.
This bill heeds President Bush's call to renew the PATRIOT Act. All
of the act's provisions have been renewed, and all but two provisions
have been made permanent. At the same time, we have made responsible
changes to safeguard civil liberties. Now we must move forward to a
conference with the House in the hopes of quickly presenting President
Bush with a bill he can sign into law. I am proud of what we have
accomplished thus far, and I look forward to our conference with the
other body.
Mr. LEAHY. Mr. President, last week, the Committee on the Judiciary
[[Page S9560]]
did something that the administration has been urging us to do all
year--we reported a bill that reauthorizes every expiring provision of
the USA PATRIOT Act. This achievement was particularly notable for its
bipartisanship. Following months of intense negotiations involving
members from both sides of the aisle, we produced a consensus bill that
won the support of every member of the committee. I commend Chairman
Specter and all members of the committee for their work on this
important legislation. We made possible something that many of us would
have thought impossible just a few weeks ago: a PATRIOT Act improvement
and reauthorization package approved by every Member of the U.S.
Senate.
The bill we pass today--S. 1389, as reported--has three key elements.
First, the bill protects the privacy interests of Americans. It
requires the Government to convince a judge that a person is connected
to terrorism or espionage before obtaining their library records,
medical records or other sensitive personal information. It also
requires the Government to notify the target of a ``sneak and peek''
search within 7 days, instead of the undefined delay that is currently
permitted by the PATRIOT Act.
Second, the bill enhances judicial oversight and protects free speech
rights. It gives the recipient of an order for sensitive personal
information the right to challenge the order in court on the same
grounds as they could challenge a grand jury subpoena. It also provides
a right to challenge the gag order that currently prevents people who
receive a request for records from speaking out even if they feel the
Government is violating their rights.
Third, the bill increases transparency and ensures accountability.
One of my principal objectives in this reauthorization process has been
to introduce more sunshine into the PATRIOT Act. The reported bill
requires increased reporting by the Department of Justice on its use of
several PATRIOT Act powers, including roving wiretaps, business record
orders, and ``sneak and peak'' search warrants. It also sets a 4-year
``sunset'' on three domestic surveillance powers with great potential
to affect civil liberties.
Like the PATRIOT Act itself, S. 1389 is not the bill that I, or any
Member, would have written if compromise were unnecessary. I would have
liked the bill to include additional checks and balances on certain
Government surveillance powers granted or expanded by the PATRIOT Act.
I would have liked the bill to include more sunshine provisions, as
well as additional sunsets. I regret that the bill repeals a sunset
provision that Congress enacted last year and that is not due to expire
until the end of 2006.
While far from perfect, S. 1389 is a good bill, which moves the law
in what I believe is the right direction. The bill is also
substantially better, from a civil liberties perspective, than either
the House bill, H.R. 3199, or the bill reported by the Senate Select
Committee on Intelligence, S. 1266. And as the product of true
bipartisanship--an 18-to-0 vote is something you do not see every day
in the Senate Judiciary Committee--it is a bill in which the American
people can and should have confidence. I hope that the bipartisan
effort that got us to this point will carry over to the conference and
speed this bill to final passage.
Mr. FEINGOLD. Mr. President, I want to say a few words about the
version of S. 1389, the USA PATRIOT Act Improvement and Reauthorization
Act, that the Judiciary Committee unanimously reported last week. I am
pleased that the Senate is about to pass it without modification.
The compromise that the Judiciary Committee worked out addresses a
number of the concerns that I have been talking about since October
2001 when the Senate first considered the PATRIOT Act on the floor. We
have come a long way since that night, and I am grateful for the
efforts of my colleagues to try to deal with the civil liberties
concerns that have been raised both here in the Senate and around the
country. This is not a perfect bill, but it is a good bill.
This bill does not address all of the problems with the PATRIOT Act.
But the compromise does deal with the core concerns that I and others
have had about the standard for section 215 orders, sneak and peek
search warrants, and meaningful judicial review of section 215 orders
and National Security Letters, including judicial review of the gag
rule. It does not go as far on any of these issues as the SAFE Act, but
it does make meaningful changes to current law.
I want to be clear that this will not be the end of my efforts to
further fix the PATRIOT Act. This bipartisan compromise takes a big
step in the right direction, and I am pleased that I can support it,
but I will continue to push for additional changes to the law.
I also want to caution that the conference process must not be
allowed to dilute the safeguards in this bill. This Senate bill goes
much further than the House version in ensuring that Americans' civil
liberties will be protected. I urge the Senate conferees to fight--and
fight hard--for this bill.
Mrs. FEINSTEIN. Mr. President, I am pleased to rise today in support
of the USA PATRIOT Improvement and Reauthorization Act of 2005.
I understand that the Senate will shortly pass this legislation by
unanimous consent, and I want to take this opportunity to thank
Chairman Specter and Ranking Member Leahy for the efforts to move this
bill forward in a careful, collegial and effective matter. I believe
the bill we pass today strikes a good balance between our nations need
to defend against terrorism, and maintaining our deeply held civil
liberties.
The USA PATRIOT Act is one of the most consequential laws that has
ever been passed by Congress. It made wide ranging, and necessary
changes to our intelligence and law-enforcement communities, giving
them the tools they need to defeat this Nation's most dangerous and
insidious enemies.
When we passed the PATRIOT Act shortly after September 11, 2001, we
recognized that this was very significant legislation, providing new
authorities to the Government. That's why we committed ourselves to
vigorous and in-depth oversight of the implementation of the Act. In
fact, sixteen of the most controversial provisions came with ``sunset
clauses,'' which would cause them to expire in December of this year.
Since 2001, I have worked, along with my colleagues on both the
Judiciary and Intelligence Committees to carry out that oversight. The
result has been literally hundreds of hours of hearings, briefings, and
document reviews. We asked tough questions, and got answers. We did
extensive research, and consulted with a wide array of experts.
As part of my effort to oversee the implementation of the USA PATRIOT
Act, I asked the ACLU, in a letter dated March 25, 2005, to provide an
update of their October 2003 statement that they did not know of any
abuses of the USA PATRIOT Act.
On April 4, 2005, the ACLU published a reply to my letter, in which
they listed what they described as `abuses and misuses' of the Act. I
carefully reviewed each of the examples provided in the letter. I also
reviewed information provided to me by the Department of Justice about
each of the examples. And while I understand the concerns raised by the
ACLU, it does not appear that these charges rose to the level of
`abuse' of the PATRIOT Act.
This conclusion has been borne out by numerous inquiries, hearings
and briefings. Simply put, there have been no sustainable allegations
of serious abuse of the Act.
That said, I believe that we can, and should, make some changes to
the PATRIOT Act to ensure it is less likely to be abused in the future.
Furthermore, I am confident that the expiring USA PATRIOT Act
provisions should be retained. The sixteen sunsetted provisions are
generally working and should be reauthorized with some of the
modifications reflected in the bill we take up today.
The bottom line is that the Judiciary Committee was able to do its
work, and reach appropriate compromises. This allowed the cmmittee to
favorably report this bill by a vote of 18-0. This type of consensus
and bipartisanship is welcome and bodes well for our continued work on
these critical issues.
This Nation faces difficult times. We know that there are those
already in our country or trying to enter our country who would do us
grievous injury and harm unless we can stop them--and to stop them, we
must find
[[Page S9561]]
them first--before they act, not after they act. Therefore, this bill
is necessary and prudent.
This legislation would permanently reauthorize 14 of the 16
provisions scheduled to sunset in December 2005 and extend two other
provisions, multi-point, roving wiretaps, and the acquisition of
business record, until December 2009.
I believe it was important to extend, rather than eliminate, the
sunsets on these two most controversial provisions--they warrant
continued scrutiny.
But this legislation does not merely extend the sunsets. It makes
improvements to key portions of the act. The bill approved by
Committee, and which take up today, went even further in strengthening
the USA PATRIOT Act and protecting the civil liberties of Americans. It
included the following modifications:
Clarifying the rules governing multipoint wiretaps as well as
regulating the acquisition of business records in the course of foreign
intelligence investigations by requiring that a judge determine that
the request is relevant to a national security intelligence
investigation, and increases the amount of information that must be
provided to Congress to ensure adequate and effective oversight.
Changing Section 215 of the USA PATRIOT Act FISA Tangible Item Orders
or the so-called ``library provision,'' tightening the requirement to
make it clear that investigators must not only show relevance but also
that the request pertains to a known or suspected agent of a foreign
power or their associates.
Changing Section 213 of the USA PATRIOT Act, Delayed Notification of
Search Warrants or ``Sneak and Peak,'' to include a ``7-day default''
for delayed notice search warrants. Extension of this delay is
permitted to dates certain, limited to 90 days or less unless the facts
of the case justify a longer period of delay, but only upon showing of
facts supporting that request.
Changing Section 212 of the USA PATRIOT Act, so that electronic
service provider, Verizon, Comcast, etc., are authorized to
voluntarily, i.e., without a warrant, disclose customer records and the
content of communications in an emergency situation--where delay could
be harmful, but without a need to show ``immediacy.''
Changing Section 214 of the USA PATRIOT Act, FISA Pen Registers/Trap
and Trace Devices, in a way that makes them consistent with those used
in criminal cases.
Changing Section 505 of the USA PATRIOT Act, National Security Letter
Protection, c1arifying that any person contesting an order to produce a
tangible thing, can not only challenge the order, but also any gag-
order accompanying it.
Taken as a whole, these changes help ensure that these key provisions
are used responsibly, in a focused and effective manner and against our
Nation's enemies, not against ordinary Americans. They provide critical
additional civil liberties protections, without sacrificing the safety
of Americans. I strongly believe that Congress's responsibility does
not end when it passes a law. We have an obligation to carry out
vigorous oversight. We have an obligation to adjust and fine-tune laws
to fit changing circumstances. We have an obligation to see that the
law accomplishes its aims and remains balanced and appropriate.
I believe the bill before us represents the result of fulfilling
those obligations, strikes a careful balance and should be approved.
The PRESIDING OFFICER. The Senator from Illinois is recognized.
Mr. DURBIN. Mr. President, reserving the right to object to the
unanimous consent request pending, I will make a brief statement
regarding the PATRIOT Act, which is now being considered.
I rise in support of the compromise legislation. It is an amazing
legislative achievement. This revision of the PATRIOT Act was enacted
by the Senate Judiciary Committee, on which I am privileged to serve,
by a vote of 18 to 0--a bipartisan vote--which indicated that both
sides of the table came together in an effort to make meaningful
revisions to the PATRIOT Act which will protect our freedom but not
compromise our security.
We all remember the PATRIOT Act was passed shortly after 9/11, when
we were the most engaged in the emotions of the moment. We worried that
we might have another attack, and we needed to give our Government
powers to protect us. But we worried as well that we might go too far
in our emotion in the moment, so we included sunset provisions in the
PATRIOT Act which forced us to revisit it. Those sunset provisions
turned out to be exceedingly wise. They brought us back in the last few
weeks to take another close look at that PATRIOT Act.
In the meantime, many people stepped forward with criticism of the
original PATRIOT Act. One of those was my colleague, Senator Larry
Craig of Idaho. He and I probably have the most different voting
records of any Senators you might find on the Senate floor--he being on
the Republican side and my being on the Democratic side--yet we sat
down and looked at the PATRIOT Act and found we had many concerns. We
put together a bipartisan revision of the act, called the SAFE Act,
which suggested some changes in the bill. We attracted support from
across the political spectrum--from the American Conservative Union and
the American Civil Liberties Union, from a wide range of different
groups, right and left and center, who raised serious and important
questions about whether the PATRIOT Act should be changed.
We brought that conversation to the Judiciary Committee while they
were deliberating on this version of the PATRIOT Act. I am happy to
report that many of the principles that Senator Craig and I were urging
were included in this final revision of the act which now comes before
us on the floor of the Senate.
There were some who worried that we might not reach that point
because an early version of the SAFE Act had been threatened with a
veto by the Bush White House. Nevertheless, we found that when we could
come together and reason together, we could produce a work product that
we believe will be acceptable not only to the Senate but we hope to the
House and to the President.
Like the SAFE Act, the Senate bill retains all of the new powers
created by the PATRIOT Act. That is an important thing to say and
underline. Like the SAFE Act, it enhances judicial oversight and
requires the Government to report to the Congress and the American
people on the use of the PATRIOT Act.
Like the SAFE Act, it protects the privacy and free speech rights of
innocent Americans. Here is one example: The bill would require the
Government to convince a judge that a person is connected to terrorism
or espionage before obtaining their library records, medical records,
financial data, or other sensitive personal information. That is the
right thing to do. The bill isn't perfect, but it moves us in the right
direction.
Let me say a word as I close. One of the most unlikely groups became
so important in this debate--the American Library Association. I cannot
recall a time in recent memory when this organization showed such
leadership. Time and again, they came forward to tell us that they
wanted to protect the privacy of their patrons at libraries across
America who might come in and take out a magazine or book, and they
certainly didn't want to do that with the knowledge that the Government
could sweep up all of the library records and sift through them to see
if anybody had checked out a suspicious book. They sent us petitions
gathered from libraries across the Nation, and I think they really did
good work on behalf of our Constitution and our rights and liberties
guaranteed under the Bill of Rights.
I wish to dedicate any success we have with this revision of the
PATRIOT Act to the American Library Association and all those who stood
with them in asking that we make meaningful changes to the act without
eliminating the important provisions that continue to make America
safe.
This bill today is not perfect. That's the nature of a compromise.
But it does significantly improve the Patriot Act, and it extends the
sunset for several controversial provisions so Congress will have
another opportunity to review them in four years.
In contrast, the House of Representatives last week passed a flawed
bill
[[Page S9562]]
that would extend the Patriot Act's expiring provisions, but not fix
its fundamental problems. Many Republicans and Democrats voted against
the bill because it doesn't protect our constitutional rights.
The Senate bill should serve as a model for how Republicans and
Democrats can come together to protect our fundamental constitutional
rights and give the government the powers it needs. This legislation
shows that we can fight terrorism without changing the nature of our
free and open society. It shows that we can be safe and free.
I urge my colleagues to support this legislation and to maintain this
approach and balance in the Conference Committee.
I withdraw any reservation and accept the unanimous consent pending
before the Senate.
The PRESIDING OFFICER. Without objection, the request is agreed to.
The bill (H.R. 3199), as amended, was read the third time and passed,
as follows:
H.R. 3199
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``USA
PATRIOT and Terrorism Prevention Reauthorization Act of
2005''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I--USA PATRIOT AND TERRORISM PREVENTION REAUTHORIZATION ACT
Sec. 101. References to USA Patriot Act.
Sec. 102. USA Patriot Act sunset provisions.
Sec. 103. Repeal of sunset provision relating to individual terrorists
as agents of foreign powers.
Sec. 104. Repeal of sunset provision relating to section 2332b and the
material support sections of title 18, United States
Code.
Sec. 105. Sharing of electronic, wire, and oral interception
information under section 203(b) of the USA Patriot Act.
Sec. 106. Duration of FISA surveillance of non-United States persons
under section 207 of the USA Patriot Act.
Sec. 107. Access to certain business records under section 215 of the
USA Patriot Act.
Sec. 108. Report on emergency disclosures under section 212 of the USA
Patriot Act.
Sec. 109. Specificity and notification for roving surveillance
authority under section 206 of the USA Patriot Act.
Sec. 110. Prohibition on planning terrorist attacks on mass
transportation.
Sec. 111. Forfeiture.
Sec. 112. Adding offenses to the definition of Federal crime of
terrorism.
Sec. 113. Amendments to section 2516(1) of title 18, United States
Code.
Sec. 114. Definition of period of reasonable delay under section 213 of
the USA Patriot Act.
Sec. 115. Attacks against railroad carriers and mass transportation
systems.
Sec. 116. Judicial review of national security letters.
Sec. 117. Confidentiality of national security letters.
Sec. 118. Violations of nondisclosure provisions of national security
letters.
Sec. 119. Reports.
Sec. 120. Definition for forfeiture provisions under section 806 of the
USA Patriot Act.
Sec. 121. Limitation on authority to delay notice.
Sec. 122. Interception of communications.
Sec. 123. Penal provisions regarding trafficking in contraband
cigarettes or smokeless tobacco.
Sec. 124. Prohibition of narco-terrorism.
Sec. 125. Interfering with the operation of an aircraft.
Sec. 126. Sense of Congress relating to lawful political activity.
Sec. 127. Repeal of first responder grant program.
Sec. 128. Faster and smarter funding for first responders.
Sec. 129. Oversight.
Sec. 130. GAO report on an inventory and status of homeland security
first responder training.
Sec. 131. Removal of civil liability barriers that discourage the
donation of fire equipment to volunteer fire companies.
Sec. 132. Report by Attorney General.
Sec. 133. Sense of Congress.
TITLE II--TERRORIST DEATH PENALTY ENHANCEMENT
Sec. 201. Short title.
Subtitle A--Terrorist Penalties Enhancement Act
Sec. 211. Terrorist offense resulting in death.
Sec. 212. Denial of Federal benefits to terrorists.
Sec. 213. Death penalty procedures for certain air piracy cases
occurring before enactment of the Federal Death Penalty
Act of 1994.
Sec. 214. Ensuring death penalty for terrorist offenses which create
grave risk of death.
Sec. 215. Postrelease supervision of terrorists.
Subtitle B--Prevention of Terrorist Access to Destructive Weapons Act
Sec. 221. Death penalty for certain terror related crimes.
Subtitle C--Federal Death Penalty Procedures
Sec. 231. Modification of death penalty provisions.
TITLE III--REDUCING CRIME AND TERRORISM AT AMERICA'S SEAPORTS
Sec. 301. Short title.
Sec. 302. Entry by false pretenses to any seaport.
Sec. 303. Criminal sanctions for failure to heave to, obstruction of
boarding, or providing false information.
Sec. 304. Use of a dangerous weapon or explosive on a passenger vessel.
Sec. 305. Criminal sanctions for violence against maritime navigation,
placement of destructive devices.
Sec. 306. Transportation of dangerous materials and terrorists.
Sec. 307. Destruction of, or interference with, vessels or maritime
facilities.
Sec. 308. Theft of interstate or foreign shipments or vessels.
Sec. 309. Increased penalties for noncompliance with manifest
requirements.
Sec. 310. Stowaways on vessels or aircraft.
Sec. 311. Bribery affecting port security.
Sec. 312. Penalties for smuggling goods into the United States.
Sec. 313. Smuggling goods from the United States.
TITLE IV--COMBATING TERRORISM FINANCING
Sec. 401. Short title.
Sec. 402. Increased penalties for terrorism financing.
Sec. 403. Terrorism-related specified activities for money laundering.
Sec. 404. Assets of persons committing terrorist acts against foreign
countries or international organizations.
Sec. 405. Money laundering through Hawalas.
Sec. 406. Technical and conforming amendments relating to the USA
Patriot Act.
Sec. 407. Technical corrections to financing of terrorism statute.
Sec. 408. Cross reference correction.
Sec. 409. Amendment to amendatory language.
Sec. 410. Designation of additional money laundering predicate.
TITLE I--USA PATRIOT AND TERRORISM PREVENTION REAUTHORIZATION ACT
SEC. 101. REFERENCES TO USA PATRIOT ACT.
A reference in this Act to the USA PATRIOT ACT shall be
deemed a reference to the Uniting and Strengthening America
by Providing Appropriate Tools Required to Intercept and
Obstruct Terrorism (USA PATRIOT ACT) Act of 2001.
SEC. 102. USA PATRIOT ACT SUNSET PROVISIONS.
(a) In General.--Section 224 of the USA PATRIOT ACT is
repealed.
(b) Sections 206 and 215 Sunset.--Effective December 31,
2015, the Foreign Intelligence Surveillance Act of 1978 is
amended so that sections 501, 502, and 105(c)(2) read as they
read on October 25, 2001.
SEC. 103. REPEAL OF SUNSET PROVISION RELATING TO INDIVIDUAL
TERRORISTS AS AGENTS OF FOREIGN POWERS.
Section 6001 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3742)
is amended by--
(1) striking subsection (b); and
(2) striking ``(a)'' and all that follows through
``Section'' and inserting ``Section''.
SEC. 104. REPEAL OF SUNSET PROVISION RELATING TO SECTION
2332B AND THE MATERIAL SUPPORT SECTIONS OF
TITLE 18, UNITED STATES CODE.
Section 6603 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3762)
is amended by striking subsection (g).
SEC. 105. SHARING OF ELECTRONIC, WIRE, AND ORAL INTERCEPTION
INFORMATION UNDER SECTION 203(B) OF THE USA
PATRIOT ACT.
Section 2517(6) of title 18, United States Code, is amended
by adding at the end the following: ``Within a reasonable
time after a disclosure of the contents of a communication
under this subsection, an attorney for the Government shall
file, under seal, a notice with a judge whose order
authorized or approved the interception of that
communication, stating the fact that such contents were
disclosed and the departments, agencies, or entities to which
the disclosure was made.''.
SEC. 106. DURATION OF FISA SURVEILLANCE OF NON-UNITED STATES
PERSONS UNDER SECTION 207 OF THE USA PATRIOT
ACT.
(a) Electronic Surveillance.--Section 105(e) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1805(e)) is
amended--
[[Page S9563]]
(1) in paragraph (1)(B), by striking ``, as defined in
section 101(b)(1)(A)'' and inserting ``who is not a United
States person''; and
(2) in subsection (2)(B), by striking ``as defined in
section 101(b)(1)(A)'' and inserting ``who is not a United
States person''.
(b) Physical Search.--Section 304(d) of such Act (50 U.S.C.
1824(d)) is amended--
(1) in paragraph (1)(B), by striking ``as defined in
section 101(b)(1)(A)'' and inserting ``who is not a United
States person''; and
(2) in paragraph (2), by striking ``as defined in section
101(b)(1)(A)'' and inserting ``who is not a United States
person''.
(c) Pen Registers, Trap and Trace Devices.--Section 402(e)
of such Act (50 U.S.C. 1842(e)) is amended--
(1) by striking ``(e) An'' and inserting ``(e)(1) Except as
provided in paragraph (2), an''; and
(2) by adding at the end the following new paragraph:
``(2) In the case of an application under subsection (c)
where the applicant has certified that the information likely
to be obtained is foreign intelligence information not
concerning a United States person, an order, or an extension
of an order, under this section may be for a period not to
exceed one year.''.
SEC. 107. ACCESS TO CERTAIN BUSINESS RECORDS UNDER SECTION
215 OF THE USA PATRIOT ACT.
(a) Establishment of Relevance Standard.--Subsection (b)(2)
of section 501 of the Foreign Intelligence Surveillance Act
of 1978 (50 U.S.C. 1861) is amended by striking ``to obtain''
and all that follows and inserting ``and that the information
likely to be obtained from the tangible things is reasonably
expected to be (A) foreign intelligence information not
concerning a United States person, or (B) relevant to an
ongoing investigation to protect against international
terrorism or clandestine intelligence activities.''.
(b) Clarification of Judicial Discretion.--Subsection
(c)(1) of such section is amended to read as follows:
``(c)(1) Upon an application made pursuant to this section,
if the judge finds that the application meets the
requirements of subsections (a) and (b), the judge shall
enter an ex parte order as requested, or as modified,
approving the release of records.''.
(c) Authority To Disclose to Attorney.--Subsection (d) of
such section is amended to read as follows:
``(d)(1) No person shall disclose to any person (other than
a qualified person) that the United States has sought or
obtained tangible things under this section.
``(2) An order under this section shall notify the person
to whom the order is directed of the nondisclosure
requirement under paragraph (1).
``(3) Any person to whom an order is directed under this
section who discloses that the United States has sought to
obtain tangible things under this section to a qualified
person with respect to the order shall inform such qualified
person of the nondisclosure requirement under paragraph (1)
and that such qualified person is also subject to such
nondisclosure requirement.
``(4) A qualified person shall be subject to any
nondisclosure requirement applicable to a person to whom an
order is directed under this section in the same manner as
such person.
``(5) In this subsection, the term `qualified person'
means--
``(A) any person necessary to produce the tangible things
pursuant to an order under this section; or
``(B) an attorney to obtain legal advice with respect to an
order under this section.''.
(d) Judicial Review.--
(1) Petition review panel.--Section 103 of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1803) is
amended by adding at the end the following new subsection:
``(e)(1) Three judges designated under subsection (a) who
reside within 20 miles of the District of Columbia, or if all
of such judges are unavailable, other judges of the court
established under subsection (a) as may be designated by the
Presiding Judge of such court (who is designated by the Chief
Justice of the United States from among the judges of the
court), shall comprise a petition review panel which shall
have jurisdiction to review petitions filed pursuant to
section 501(f)(1).
``(2) Not later than 60 days after the date of the
enactment of the USA PATRIOT and Terrorism Prevention
Reauthorization Act of 2005, the court established under
subsection (a) shall develop and issue procedures for the
review of petitions filed pursuant to section 501(f)(1) by
the panel established under paragraph (1). Such procedures
shall provide that review of a petition shall be conducted ex
parte and in camera and shall also provide for the
designation of an Acting Presiding Judge.''.
(2) Proceedings.--Section 501 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1861) is further amended
by adding at the end the following new subsection:
``(f)(1) A person receiving an order to produce any
tangible thing under this section may challenge the legality
of that order by filing a petition in the panel established
by section 103(e)(1). The Presiding Judge shall conduct an
initial review of the petition. If the Presiding Judge
determines that the petition is frivolous, the Presiding
Judge shall immediately deny the petition and promptly
provide a written statement of the reasons for the
determination for the record. If the Presiding Judge
determines that the petition is not frivolous, the Presiding
Judge shall immediately assign the petition to one of the
judges serving on such panel. The assigned judge shall
promptly consider the petition in accordance with procedures
developed and issued pursuant to section 103(e)(2). The judge
considering the petition may modify or set aside the order
only if the judge finds that the order does not meet the
requirements of this section or is otherwise unlawful. If the
judge does not modify or set aside the order, the judge shall
immediately affirm the order and order the recipient to
comply therewith. A petition for review of a decision to
affirm, modify, or set aside an order by the United States or
any person receiving such order shall be to the court of
review established under section 103(b), which shall have
jurisdiction to consider such petitions. The court of review
shall immediately provide for the record a written statement
of the reasons for its decision and, on petition of the
United States or any person receiving such order for writ of
certiorari, the record shall be transmitted under seal to the
Supreme Court, which shall have jurisdiction to review such
decision.
``(2) Judicial proceedings under this subsection shall be
concluded as expeditiously as possible. The judge considering
a petition filed under this subsection shall provide for the
record a written statement of the reasons for the decision.
The record of proceedings, including petitions filed, orders
granted, and statements of reasons for decision, shall be
maintained under security measures established by the Chief
Justice of the United States in consultation with the
Attorney General and the Director of National Intelligence.
``(3) All petitions under this subsection shall be filed
under seal, and the court, upon the government's request,
shall review any government submission, which may include
classified information, as well as the government's
application and related materials, ex parte and in camera.''.
(e) FBI Director Required To Apply for Order of Production
of Records From Library or Bookstore.--Section 501(a) of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1861(a)) is amended--
(1) in paragraph (1), by striking ``The Director'' and
inserting ``Subject to paragraph (3), the Director''; and
(2) by adding at the end the following new paragraph:
``(3) In the case of an application for an order requiring
the production of tangible things described in paragraph (1)
from a library or bookstore, the Director of the Federal
Bureau of Investigation shall not delegate the authority to
make such application to a designee.''.
SEC. 108. REPORT ON EMERGENCY DISCLOSURES UNDER SECTION 212
OF THE USA PATRIOT ACT.
Section 2702 of title 18, United States Code, is amended by
adding at the end the following:
``(d) Report.--On an annual basis, the Attorney General
shall submit to the Committees on the Judiciary of the House
and the Senate a report containing--
``(1) the number of accounts from which the Department of
Justice has received voluntary disclosures under subsection
(b)(8); and
``(2) a summary of the basis for disclosure in those
instances where--
``(A) voluntary disclosure under subsection (b)(8) was made
to the Department of Justice; and
``(B) the investigation pertaining to those disclosures was
closed without the filing of criminal charges.''.
SEC. 109. SPECIFICITY AND NOTIFICATION FOR ROVING
SURVEILLANCE AUTHORITY UNDER SECTION 206 OF THE
USA PATRIOT ACT.
(a) Inclusion of Specific Facts in Application.--Section
105(c)(2)(B) of the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. 1805(c)(2)(B)) is amended by striking ``where
the Court finds'' and inserting ``where the Court finds,
based upon specific facts provided in the application,''.
(b) Notification of Surveillance of New Facility or
Place.--Section 105(c)(2) of such Act is amended--
(1) in subparagraph (C), by striking ``and'' at the end;
(2) in subparagraph (D), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(E) that, in the case of electronic surveillance directed
at a facility or place that is not known at the time the
order is issued, the applicant shall notify a judge having
jurisdiction under section 103 at the earliest reasonable
time as determined by the court, but in no case later than 15
days, after electronic surveillance begins to be directed at
a new facility or place, and such notice shall contain a
statement of the facts and circumstances relied upon by the
applicant to justify the belief that the facility or place at
which the electronic surveillance is or was directed is being
used, or is about to be used, by the target of electronic
surveillance and shall specify the total number of electronic
surveillances that have been or are being conducted under the
authority of the order.''.
SEC. 110. PROHIBITION ON PLANNING TERRORIST ATTACKS ON MASS
TRANSPORTATION.
Section 1993(a) of title 18, United States Code, is
amended--
(1) by striking ``or'' at the of paragraph (7);
(2) by redesignating paragraph (8) as paragraph (9); and
[[Page S9564]]
(3) by inserting after paragraph (7) the following:
``(8) surveils, photographs, videotapes, diagrams, or
otherwise collects information with the intent to plan or
assist in planning any of the acts described in the
paragraphs (1) through (7); or''.
SEC. 111. FORFEITURE.
Section 981(a)(1)(B)(i) of title 18, United States Code, is
amended by inserting ``trafficking in nuclear, chemical,
biological, or radiological weapons technology or material,
or'' after ``involves''.
SEC. 112. ADDING OFFENSES TO THE DEFINITION OF FEDERAL CRIME
OF TERRORISM.
Section 2332b)(g)(5)(B)(i) of title 18, United States Code,
is amended--
(1) by inserting ``, 2339D (relating to military-type
training from a foreign terrorist organization)'' before ``,
or 2340A''; and
(2) by inserting ``832 (relating to nuclear and weapons of
mass destruction threats),'' after ``831 (relating to nuclear
materials),''.
SEC. 113. AMENDMENTS TO SECTION 2516(1) OF TITLE 18, UNITED
STATES CODE.
(a) Paragraph (c) Amendment.--Section 2516(1)(c) of title
18, United States Code, is amended--
(1) by inserting ``section 37 (relating to violence at
international airports), section 175b (relating to biological
agents or toxins)'' after ``the following sections of this
title:'';
(2) by inserting ``section 832 (relating to nuclear and
weapons of mass destruction threats), section 842 (relating
to explosive materials), section 930 (relating to possession
of weapons in Federal facilities),'' after ``section 751
(relating to escape),'';
(3) by inserting ``section 1114 (relating to officers and
employees of the United States), section 1116 (relating to
protection of foreign officials), sections 1361-1363
(relating to damage to government buildings and
communications), section 1366 (relating to destruction of an
energy facility), '' after ``section 1014 (relating to loans
and credit applications generally; renewals and
discounts),'';
(4) by inserting ``section 1993 (relating to terrorist
attacks against mass transportation), sections 2155 and 2156
(relating to national-defense utilities), sections 2280 and
2281 (relating to violence against maritime navigation),''
after ``section 1344 (relating to bank fraud),''; and
(5) by inserting ``section 2340A (relating to torture),''
after ``section 2321 (relating to trafficking in certain
motor vehicles or motor vehicle parts),''.
(b) Paragraph (p) Amendment.--Section 2516(1)(p) is amended
by inserting ``, section 1028A (relating to aggravated
identity theft)'' after ``other documents''.
(c) Paragraph (q) Amendment.--Section 2516(1)(q) of title
18 United States Code is amended--
(1) by inserting ``2339'' after ``2232h''; and
(2) by inserting ``2339D'' after ``2339C''.
SEC. 114. DEFINITION OF PERIOD OF REASONABLE DELAY UNDER
SECTION 213 OF THE USA PATRIOT ACT.
Section 3103a(b)(3) of title 18, United States Code, is
amended--
(1) by striking ``of its'' and inserting ``, which shall
not be more than 180 days, after its''; and
(2) by inserting ``for additional periods of not more than
90 days each'' after ``may be extended''.
SEC. 115. ATTACKS AGAINST RAILROAD CARRIERS AND MASS
TRANSPORTATION SYSTEMS.
(a) In General.--Chapter 97 of title 18, United States
Code, is amended by striking sections 1992 through 1993 and
inserting the following:
``Sec. 1992. Terrorist attacks and other violence against
railroad carriers and against mass transportation systems
on land, on water, or through the air
``(a) General Prohibitions.--Whoever, in a circumstance
described in subsection (c), knowingly--
``(1) wrecks, derails, sets fire to, or disables railroad
on-track equipment or a mass transportation vehicle;
``(2) with intent to endanger the safety of any person, or
with a reckless disregard for the safety of human life, and
without the authorization of the railroad carrier or mass
transportation provider--
``(A) places any biological agent or toxin, destructive
substance, or destructive device in, upon, or near railroad
on-track equipment or a mass transportation vehicle; or
``(B) releases a hazardous material or a biological agent
or toxin on or near any property described in subparagraph
(A) or (B) of paragraph (3);
``(3) sets fire to, undermines, makes unworkable, unusable,
or hazardous to work on or use, or places any biological
agent or toxin, destructive substance, or destructive device
in, upon, or near any--
``(A) tunnel, bridge, viaduct, trestle, track,
electromagnetic guideway, signal, station, depot, warehouse,
terminal, or any other way, structure, property, or
appurtenance used in the operation of, or in support of the
operation of, a railroad carrier, without the authorization
of the railroad carrier, and with intent to, or knowing or
having reason to know such activity would likely, derail,
disable, or wreck railroad on-track equipment;
``(B) garage, terminal, structure, track, electromagnetic
guideway, supply, or facility used in the operation of, or in
support of the operation of, a mass transportation vehicle,
without the authorization of the mass transportation
provider, and with intent to, or knowing or having reason to
know such activity would likely, derail, disable, or wreck a
mass transportation vehicle used, operated, or employed by a
mass transportation provider; or
``(4) removes an appurtenance from, damages, or otherwise
impairs the operation of a railroad signal system or mass
transportation signal or dispatching system, including a
train control system, centralized dispatching system, or
highway-railroad grade crossing warning signal, without
authorization from the railroad carrier or mass
transportation provider;
``(5) with intent to endanger the safety of any person, or
with a reckless disregard for the safety of human life,
interferes with, disables, or incapacitates any dispatcher,
driver, captain, locomotive engineer, railroad conductor, or
other person while the person is employed in dispatching,
operating, or maintaining railroad on-track equipment or a
mass transportation vehicle;
``(6) commits an act, including the use of a dangerous
weapon, with the intent to cause death or serious bodily
injury to any person who is on property described in
subparagraph (A) or (B) of paragraph (3), except that this
subparagraph shall not apply to rail police officers acting
in the course of their law enforcement duties under section
28101 of title 49, United States Code;
``(7) conveys false information, knowing the information to
be false, concerning an attempt or alleged attempt that was
made, is being made, or is to be made, to engage in a
violation of this subsection; or
``(8) attempts, threatens, or conspires to engage in any
violation of any of paragraphs (1) through (7),
shall be fined under this title or imprisoned not more than
20 years, or both.
``(b) Aggravated Offense.--Whoever commits an offense under
subsection (a) of this section in a circumstance in which--
``(1) the railroad on-track equipment or mass
transportation vehicle was carrying a passenger or employee
at the time of the offense;
``(2) the railroad on-track equipment or mass
transportation vehicle was carrying high-level radioactive
waste or spent nuclear fuel at the time of the offense;
``(3) the railroad on-track equipment or mass
transportation vehicle was carrying a hazardous material at
the time of the offense that--
``(A) was required to be placarded under subpart F of part
172 of title 49, Code of Federal Regulations; and
``(B) is identified as class number 3, 4, 5, 6.1, or 8 and
packing group I or packing group II, or class number 1, 2, or
7 under the hazardous materials table of section 172.101 of
title 49, Code of Federal Regulations; or
``(4) the offense results in the death of any person,
shall be fined under this title or imprisoned for any term of
years or life, or both. In the case of a violation described
in paragraph (2) of this subsection, the term of imprisonment
shall be not less than 30 years; and, in the case of a
violation described in paragraph (4) of this subsection, the
offender shall be fined under this title and imprisoned for
life and be subject to the death penalty.
``(c) Circumstances Required for Offense.--A circumstance
referred to in subsection (a) is any of the following:
``(1) Any of the conduct required for the offense is, or,
in the case of an attempt, threat, or conspiracy to engage in
conduct, the conduct required for the completed offense would
be, engaged in, on, against, or affecting a mass
transportation provider or railroad carrier engaged in or
affecting interstate or foreign commerce.
``(2) Any person travels or communicates across a State
line in order to commit the offense, or transports materials
across a State line in aid of the commission of the offense.
``(d) Definitions.--In this section--
``(1) the term `biological agent' has the meaning given to
that term in section 178(1);
``(2) the term `dangerous weapon' means a weapon, device,
instrument, material, or substance, animate or inanimate,
that is used for, or is readily capable of, causing death or
serious bodily injury, including a pocket knife with a blade
of more than 2\1/2\ inches in length and a box cutter;
``(3) the term `destructive device' has the meaning given
to that term in section 921(a)(4);
``(4) the term `destructive substance' means an explosive
substance, flammable material, infernal machine, or other
chemical, mechanical, or radioactive device or material, or
matter of a combustible, contaminative, corrosive, or
explosive nature, except that the term `radioactive device'
does not include any radioactive device or material used
solely for medical, industrial, research, or other peaceful
purposes;
``(5) the term `hazardous material' has the meaning given
to that term in chapter 51 of title 49;
``(6) the term `high-level radioactive waste' has the
meaning given to that term in section 2(12) of the Nuclear
Waste Policy Act of 1982 (42 U.S.C. 10101(12));
``(7) the term `mass transportation' has the meaning given
to that term in section 5302(a)(7) of title 49, except that
the term includes school bus, charter, and sightseeing
transportation;
``(8) the term `on-track equipment' means a carriage or
other contrivance that runs on rails or electromagnetic
guideways;
[[Page S9565]]
``(9) the term `railroad on-track equipment' means a train,
locomotive, tender, motor unit, freight or passenger car, or
other on-track equipment used, operated, or employed by a
railroad carrier;
``(10) the term `railroad' has the meaning given to that
term in chapter 201 of title 49;
``(11) the term `railroad carrier' has the meaning given to
that term in chapter 201 of title 49;
``(12) the term `serious bodily injury' has the meaning
given to that term in section 1365;
``(13) the term `spent nuclear fuel' has the meaning given
to that term in section 2(23) of the Nuclear Waste Policy Act
of 1982 (42 U.S.C. 10101(23));
``(14) the term `State' has the meaning given to that term
in section 2266;
``(15) the term `toxin' has the meaning given to that term
in section 178(2); and
``(16) the term `vehicle' means any carriage or other
contrivance used, or capable of being used, as a means of
transportation on land, on water, or through the air.''.
(b) Conforming Amendments.--
(1) The table of sections at the beginning of chapter 97 of
title 18, United States Code, is amended--
(A) by striking ``RAILROADS'' in the chapter heading and
inserting ``RAILROAD CARRIERS AND MASS TRANSPORTATION SYSTEMS
ON LAND, ON WATER, OR THROUGH THE AIR'';
(B) by striking the items relating to sections 1992 and
1993; and
(C) by inserting after the item relating to section 1991
the following:
``1992. Terrorist attacks and other violence against railroad carriers
and against mass transportation systems on land, on
water, or through the air.''.
(2) The table of chapters at the beginning of part I of
title 18, United States Code, is amended by striking the item
relating to chapter 97 and inserting the following:
``97. Railroad carriers and mass transportation systems on land, on
water, or through the air...................................1991''.
(3) Title 18, United States Code, is amended--
(A) in section 2332b(g)(5)(B)(i), by striking ``1992
(relating to wrecking trains), 1993 (relating to terrorist
attacks and other acts of violence against mass
transportation systems),'' and inserting ``1992 (relating to
terrorist attacks and other acts of violence against railroad
carriers and against mass transportation systems on land, on
water, or through the air),'';
(B) in section 2339A, by striking ``1993,''; and
(C) in section 2516(1)(c) by striking ``1992 (relating to
wrecking trains),'' and inserting ``1992 (relating to
terrorist attacks and other acts of violence against railroad
carriers and against mass transportation systems on land, on
water, or through the air),''.
SEC. 116. JUDICIAL REVIEW OF NATIONAL SECURITY LETTERS.
Chapter 223 of title 18, United States Code, is amended--
(1) by inserting at the end of the table of sections the
following new item:
``3511. Judicial review of requests for information.'';
and
(2) by inserting after section 3510 the following:
``Sec. 3511. Judicial review of requests for information
``(a) The recipient of a request for records, a report, or
other information under section 2709(b) of this title,
section 625(a) or (b) or 626(a) of the Fair Credit Reporting
Act, section 1114(a)(5)(A) of the Right to Financial Privacy
Act, or section 802(a) of the National Security Act of 1947
may, in the United States district court for the district in
which that person or entity does business or resides,
petition for an order modifying or setting aside the request.
The court may modify or set aside the request if compliance
would be unreasonable or oppressive.
``(b) The recipient of a request for records, a report, or
other information under section 2709(b) of this title,
section 625(a) or (b) or 626(a) of the Fair Credit Reporting
Act, section 1114(a)(5)A) of the Right to Financial Privacy
Act, or section 802(a) of the National Security Act of 1947,
may petition any court described in subsection (a) for an
order modifying or setting aside a nondisclosure requirement
imposed in connection with such a request.
``(1) If the petition is filed within one year of the
request for records, a report, or other information under
section 2709(b) of this title, section 625(a) or (b) or
626(a) of the Fair Credit Reporting Act, section
1114(a)(5)(A) of the Right to Financial Privacy Act, or
section 802(a) of the National Security Act of 1947, the
court may modify or set aside such a nondisclosure
requirement if it finds that there is no reason to believe
that disclosure may endanger the national security of the
United States, interfere with a criminal, counterterrorism,
or counterintelligence investigation, interfere with
diplomatic relations, or endanger the life or physical safety
of any person. The certification made at the time of the
request that disclosure may endanger of the national security
of the United States or interfere with diplomatic relations
shall be treated as conclusive unless the court finds that
the certification was made in bad faith.
``(2) If the petition is filed one year or more after the
request for records, a report, or other information under
section 2709(b) of this title, section 625(a) or (b) or
626(a) of the Fair Credit Reporting Act, section 1114
(a)(5)(A) of the Right to Financial Privacy Act, or section
802(a) of the National Security Act of 1947, the issuing
officer, within ninety days of the filing of the petition,
shall either terminate the nondisclosure requirement or re-
certify that disclosure may result a danger to the national
security of the United States, interference with a criminal,
counterterrorism, or counterintelligence investigation,
interference with diplomatic relations, or danger to the life
or physical safety of any person. In the event or re-
certification, the court may modify or set aside such a
nondisclosure requirement if it finds that there is no reason
to believe that disclosure may endanger the national security
of the United States, interfere with a criminal,
counterterrorism, or counterintelligence investigation,
interfere with diplomatic relations, or endanger the life or
physical safety of any person. The re-certification that
disclosure may endanger of the national security of the
United States or interfere with diplomatic relations shall be
treated as conclusive unless the court finds that the re-
certification was made in bad faith. If the court denies a
petition for an order modifying or setting aside a
nondisclosure requirement under this paragraph, the recipient
shall be precluded for a period of one year from filing
another petition to modify or set aside such nondisclosure
requirement.
``(c) In the case of a failure to comply with a request for
records, a report, or other information made to any person or
entity under section 2709(b) of this title, section 625(a) or
(b) or 626(a) of the Fair Credit Reporting Act, section
1114(a)(5)(A) of the Right to Financial Privacy Act, or
section 802(a) of the National Security Act of 1947, the
Attorney General may invoke the aid of any court of the
United States within the jurisdiction in which the
investigation is carried on or the person or entity resides,
carries on business, or may be found, to compel compliance
with the request. The court may issue an order requiring the
person or entity to comply with the request. Any failure to
obey the order of the court may be punished by the court as
contempt thereof. Any process under this section may be
served in any judicial district in which the person or entity
may be found.
``(d) In all proceedings under this section, subject to any
right to an open hearing in a contempt proceeding, the court
must close any hearing to the extent necessary to prevent an
unauthorized disclosure of a request for records, a report,
or other information made to any person or entity under
section 2709(b) of this title, section 625(a) or (b) or
626(a) of the Fair Credit Reporting Act, section
1114(a)(5)(A) of the Right to Financial Privacy Act, or
section 802(a) of the National Security Act of 1947.
Petitions, filings, records, orders, and subpoenas must also
be kept under seal to the extent and as long as necessary to
prevent the unauthorized disclosure of a request for records,
a report, or other information made to any person or entity
under section 2709(b) of this title, section 625(a) or (b) or
626(a) of the Fair Credit Reporting Act, section
1114(a)(5)(A) of the Right to Financial Privacy Act, or
section 802(a) of the National Security Act of 1947.
``(e) In all proceedings under this section, the court
shall, upon the Federal Government's request, review the
submission of the Government, which may include classified
information, ex parte and in camera.''.
SEC. 117. CONFIDENTIALITY OF NATIONAL SECURITY LETTERS.
(a) Section 2709(c) of title 18, United States Code, is
amended to read:
``(c) Prohibition of Certain Disclosure.--
``(1) If the Director of the Federal Bureau of
Investigation, or his designee in a position not lower than
Deputy Assistant Director at Bureau headquarters or a Special
Agent in Charge in a Bureau field office designated by the
Director, certifies that otherwise there may result a danger
to the national security of the United States, interference
with a criminal, counterterrorism, or counterintelligence
investigation, interference with diplomatic relations, or
danger to the life or physical safety of any person, no wire
or electronic communications service provider, or officer,
employee, or agent thereof, shall disclose to any person
(other than those to whom such disclosure is necessary in
order to comply with the request or an attorney to obtain
legal advice with respect to the request) that the Federal
Bureau of Investigation has sought or obtained access to
information or records under this section.
``(2) The request shall notify the person or entity to whom
the request is directed of the nondisclosure requirement
under paragraph (1).
``(3) Any recipient disclosing to those persons necessary
to comply with the request or to an attorney to obtain legal
advice with respect to the request shall inform such person
of any applicable nondisclosure requirement. Any person who
receives a disclosure under this subsection shall be subject
to the same prohibitions on disclosure under paragraph
(1).''.
(b) Section 625(d) of the Fair Credit Reporting Act (15
U.S.C. 1681u(d)) is amended to read:
``(d) Confidentiality.--
``(1) If the Director of the Federal Bureau of
Investigation, or his designee in a position not lower than
Deputy Assistant Director at Bureau headquarters or a Special
Agent in Charge in a Bureau field office designated by the
Director, certifies that otherwise there
[[Page S9566]]
may result a danger to the national security of the United
States, interference with a criminal, counterterrorism, or
counterintelligence investigation, interference with
diplomatic relations, or danger to the life or physical
safety of any person, no consumer reporting agency or
officer, employee, or agent of a consumer reporting agency
shall disclose to any person (other than those to whom such
disclosure is necessary in order to comply with the request
or an attorney to obtain legal advice with respect to the
request) that the Federal Bureau of Investigation has sought
or obtained the identity of financial institutions or a
consumer report respecting any consumer under subsection (a),
(b), or (c), and no consumer reporting agency or officer,
employee, or agent of a consumer reporting agency shall
include in any consumer report any information that would
indicate that the Federal Bureau of Investigation has sought
or obtained such information on a consumer report.
``(2) The request shall notify the person or entity to whom
the request is directed of the nondisclosure requirement
under paragraph (1).
``(3) Any recipient disclosing to those persons necessary
to comply with the request or to an attorney to obtain legal
advice with respect to the request shall inform such persons
of any applicable nondisclosure requirement. Any person who
receives a disclosure under this subsection shall be subject
to the same prohibitions on disclosure under paragraph
(1).''.
(c) Section 626(c) of the Fair Credit Reporting Act (15
U.S.C. 1681v(c)) is amended to read:
``(c) Confidentiality.--
``(1) If the head of a government agency authorized to
conduct investigations or, or intelligence or
counterintelligence activities or analysis related to,
international terrorism, or his designee, certifies that
otherwise there may result a danger to the national security
of the United States, interference with a criminal,
counterterrorism, or counterintelligence investigation,
interference with diplomatic relations, or danger to the life
or physical safety of any person, no consumer reporting
agency or officer, employee, or agent of such consumer
reporting agency, shall disclose to any person (other than
those to whom such disclosure is necessary in order to comply
with the request or an attorney to obtain legal advice with
respect to the request), or specify in any consumer report,
that a government agency has sought or obtained access to
information under subsection (a).
``(2) The request shall notify the person or entity to whom
the request is directed of the nondisclosure requirement
under paragraph (1).
``(3) Any recipient disclosing to those persons necessary
to comply with the request or to any attorney to obtain legal
advice with respect to the request shall inform such persons
of any applicable nondisclosure requirement. Any person who
receives a disclosure under this subsection shall be subject
to the same prohibitions on disclosure under paragraph
(1).''.
(d) Section 1114(a)(5)(D) of the Right to Financial Privacy
Act (12 U.S.C. 3414(a)(5)(D)) is amended to read:
``(D) Prohibition of certain disclosure.--
``(i) If the Director of the Federal Bureau of
Investigation, or his designee in a position not lower than
Deputy Assistant Director at Bureau headquarters or a Special
Agent in Charge in a Bureau field office designated by the
Director, certifies that otherwise there may result a danger
to the national security of the United States, interference
with a criminal, counterterrorism, or counterintelligence
investigation, interference with diplomatic relations, or
danger to the life or physical safety of any person, no
financial institution, or officer, employee, or agent of such
institution, shall disclose to any person (other than those
to whom such disclosure is necessary in order to comply with
the request or an attorney to obtain legal advice with
respect to the request) that the Federal Bureau of
Investigation has sought or obtained access to a customer's
or entity's financial records under paragraph (5).
``(ii) The request shall notify the person or entity to
whom the request is directed of the nondisclosure requirement
under paragraph (1).
``(iii) Any recipient disclosing to those persons necessary
to comply with the request or to an attorney to obtain legal
advice with respect to the request shall inform such persons
of any applicable nondisclosure requirement. Any person who
receives a disclosure under this subsection shall be subject
to the same prohibitions on disclosure under paragraph
(1).''.
(e) Section 802(b) of the National Security Act of 1947 (50
U.S.C. 436(b)) is amended to read as follows:
``(b) Prohibition of Certain Disclosure.--
``(1) If an authorized investigative agency described in
subsection (a) certifies that otherwise there may result a
danger to the national security of the United States,
interference with a criminal, counterterrorism, or
counterintelligence investigation, interference with
diplomatic relations, or danger to the life or physical
safety of any person, no governmental or private entity, or
officer, employee, or agent of such entity, may disclose to
any person (other than those to whom such disclosure is
necessary in order to comply with the request or an attorney
to obtain legal advice with respect to the request) that such
entity has received or satisfied a request made by an
authorized investigative agency under this section.
``(2) The request shall notify the person or entity to whom
the request is directed of the nondisclosure requirement
under paragraph (1).
``(3) Any recipient disclosing to those persons necessary
to comply with the request or to an attorney to obtain legal
advice with respect to the request shall inform such persons
of any applicable nondisclosure requirement. Any person who
receives a disclosure under this subsection shall be subject
to the same prohibitions on disclosure under paragraph
(1).''.
SEC. 118. VIOLATIONS OF NONDISCLOSURE PROVISIONS OF NATIONAL
SECURITY LETTERS.
Section 1510 of title 18, United States Code, is amended by
adding at the end the following:
``(e) Whoever knowingly violates section 2709(c)(1) of this
title, sections 625(d) or 626(c) of the Fair Credit Reporting
Act (15 U.S.C. 1681u(d) or 1681v(c)), section 1114(a)(3) or
1114(a)(5)(D) of the Right to Financial Privacy Act (12
U.S.C. 3414(a)(3) or 3414(a)(5)(D)), or section 802(b) of the
National Security Act of 1947 (50 U.S.C. 436(b)) shall be
imprisoned for not more than one year, and if the violation
is committed with the intent to obstruct an investigation or
judicial proceeding, shall be imprisoned for not more than
five years.''.
SEC. 119. REPORTS.
Any report made to a committee of Congress regarding
national security letters under section 2709(c)(1) of title
18, United States Code, sections 625(d) or 626(c) of the Fair
Credit Reporting Act (15 U.S.C. 1681u(d) or 1681v(c)),
section 1114(a)(3) or 1114(a)(5)(D) of the Right to Financial
Privacy Act (12 U.S.C. 3414(a)(3) or 3414(a)(5)(D)), or
section 802(b) of the National Security Act of 1947 (50
U.S.C. 436(b)) shall also be made to the Committees on the
Judiciary of the House of Representatives and the Senate.
SEC. 120. DEFINITION FOR FORFEITURE PROVISIONS UNDER SECTION
806 OF THE USA PATRIOT ACT.
Section 981(a)(1)(G) of title 18, United States Code, is
amended by striking ``section 2331'' each place it appears
and inserting ``2332b(g)(5)(B)''.
SEC. 121. LIMITATION ON AUTHORITY TO DELAY NOTICE.
(a) In General.--Section 3103a(b)(1) of title 18, United
States Code, is amended by inserting ``, except if the
adverse results consists only of unduly delaying a trial''
after ``2705''.
(b) Reporting Requirement.--Section 3103a of title 18,
United States Code, is amended by adding at the end the
following:
``(c) Reports.--On an annual basis, the Administrative
Office of the United States Courts shall report to the
Committees on the Judiciary of the House of Representatives
and the Senate the number of search warrants granted during
the reporting period, and the number of delayed notices
authorized during that period, indicating the adverse result
that occasioned that delay.''.
SEC. 122. INTERCEPTION OF COMMUNICATIONS.
Section 2516(1) of title 18, United States Code, is
amended--
(1) in paragraph (c)--
(A) by inserting before ``section 201 (bribery of public
officials and witnesses)'' the following: ``section 81 (arson
within special maritime and territorial jurisdiction),'';
(B) by inserting before ``subsection (d), (e), (f), (g),
(h), or (i) of section 844 (unlawful use of explosives)'' the
following: ``subsections (m) or (n) of section 842 (relating
to plastic explosives),''; and
(C) by inserting before ``section 1992 (relating to
wrecking trains)'' the following: ``, section 930(c)
(relating to attack on federal facility with firearm),
section 956 (conspiracy to harm persons or property
overseas),''; and
(2) in paragraph (j)--
(A) by striking ``or'' before ``section 46502 (relating to
aircraft piracy)'' and inserting a comma after ``section
60123(b) (relating to the destruction of a natural gas
pipeline''; and
(B) by inserting ``, the second sentence of section 46504
(relating to assault on a flight crew with dangerous weapon),
or section 46505(b)(3) or (c) (relating to explosive or
incendiary devices, or endangerment of human life, by means
of weapons on aircraft)'' before of ``title 49''.
SEC. 123. PENAL PROVISIONS REGARDING TRAFFICKING IN
CONTRABAND CIGARETTES OR SMOKELESS TOBACCO.
(a) Threshold Quantity for Treatment as Contraband
Cigarettes.--(1) Section 2341(2) of title 18, United States
Code, is amended by striking ``60,000 cigarettes'' and
inserting ``10,000 cigarettes''.
(2) Section 2342(b) of that title is amended by striking
``60,000'' and inserting ``10,000''.
(3) Section 2343 of that title is amended--
(A) in subsection (a), by striking ``60,000'' and inserting
``10,000''; and
(B) in subsection (b), by striking ``60,000'' and inserting
``10,000''.
(b) Contraband Smokeless Tobacco.--(1) Section 2341 of that
title is amended--
(A) in paragraph (4), by striking ``and'' at the end;
(B) in paragraph (5), by striking the period at the end and
inserting a semicolon; and
(C) by adding at the end the following new paragraphs:
``(6) the term `smokeless tobacco' means any finely cut,
ground, powdered, or leaf tobacco that is intended to be
placed in the oral or nasal cavity or otherwise consumed
without being combusted;
[[Page S9567]]
``(7) the term `contraband smokeless tobacco' means a
quantity in excess of 500 single-unit consumer-sized cans or
packages of smokeless tobacco, or their equivalent, that are
in the possession of any person other than--
``(A) a person holding a permit issued pursuant to chapter
52 of the Internal Revenue Code of 1986 as manufacturer of
tobacco products or as an export warehouse proprietor, a
person operating a customs bonded warehouse pursuant to
section 311 or 555 of the Tariff Act of 1930 (19 U.S.C. 1311,
1555), or an agent of such person;
``(B) a common carrier transporting such smokeless tobacco
under a proper bill of lading or freight bill which states
the quantity, source, and designation of such smokeless
tobacco;
``(C) a person who--
``(i) is licensed or otherwise authorized by the State
where such smokeless tobacco is found to engage in the
business of selling or distributing tobacco products; and
``(ii) has complied with the accounting, tax, and payment
requirements relating to such license or authorization with
respect to such smokeless tobacco; or
``(D) an officer, employee, or agent of the United States
or a State, or any department, agency, or instrumentality of
the United States or a State (including any political
subdivision of a State), having possession of such smokeless
tobacco in connection with the performance of official
duties;''.
(2) Section 2342(a) of that title is amended by inserting
``or contraband smokeless tobacco'' after ``contraband
cigarettes''.
(3) Section 2343(a) of that title is amended by inserting
``, or any quantity of smokeless tobacco in excess of 500
single-unit consumer-sized cans or packages,'' before ``in a
single transaction''.
(4) Section 2344(c) of that title is amended by inserting
``or contraband smokeless tobacco'' after ``contraband
cigarettes''.
(5) Section 2345 of that title is amended by inserting ``or
smokeless tobacco'' after ``cigarettes'' each place it
appears.
(6) Section 2341 of that title is further amended in
paragraph (2), as amended by subsection (a)(1) of this
section, in the matter preceding subparagraph (A), by
striking ``State cigarette taxes in the State where such
cigarettes are found, if the State'' and inserting ``State or
local cigarette taxes in the State or locality where such
cigarettes are found, if the State or local government''.
(c) Recordkeeping, Reporting, and Inspection.--Section 2343
of that title, as amended by this section, is further
amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by striking
``only--'' and inserting ``such information as the Attorney
General considers appropriate for purposes of enforcement of
this chapter, including--''; and
(B) in the flush matter following paragraph (3), by
striking the second sentence;
(2) by redesignating subsection (b) as subsection (c);
(3) by inserting after subsection (a) the following new
subsection (b):
``(b) Any person, except for a tribal government, who
engages in a delivery sale, and who ships, sells, or
distributes any quantity in excess of 10,000 cigarettes, or
any quantity in excess of 500 single-unit consumer-sized cans
or packages of smokeless tobacco, or their equivalent, within
a single month, shall submit to the Attorney General,
pursuant to rules or regulations prescribed by the Attorney
General, a report that sets forth the following:
``(1) The person's beginning and ending inventory of
cigarettes and cans or packages of smokeless tobacco (in
total) for such month.
``(2) The total quantity of cigarettes and cans or packages
of smokeless tobacco that the person received within such
month from each other person (itemized by name and address).
``(3) The total quantity of cigarettes and cans or packages
of smokeless tobacco that the person distributed within such
month to each person (itemized by name and address) other
than a retail purchaser.''; and
(4) by adding at the end the following new subsections:
``(d) Any report required to be submitted under this
chapter to the Attorney General shall also be submitted to
the Secretary of the Treasury and to the attorneys general
and the tax administrators of the States from where the
shipments, deliveries, or distributions both originated and
concluded.
``(e) In this section, the term `delivery sale' means any
sale of cigarettes or smokeless tobacco in interstate
commerce to a consumer if--
``(1) the consumer submits the order for such sale by means
of a telephone or other method of voice transmission, the
mails, or the Internet or other online service, or by any
other means where the consumer is not in the same physical
location as the seller when the purchase or offer of sale is
made; or
``(2) the cigarettes or smokeless tobacco are delivered by
use of the mails, common carrier, private delivery service,
or any other means where the consumer is not in the same
physical location as the seller when the consumer obtains
physical possession of the cigarettes or smokeless tobacco.
``(f) In this section, the term `interstate commerce' means
commerce between a State and any place outside the State, or
commerce between points in the same State but through any
place outside the State.''.
(d) Disposal or Use of Forfeited Cigarettes and Smokeless
Tobacco.--Section 2344(c) of that title, as amended by this
section, is further amended by striking ``seizure and
forfeiture,'' and all that follows and inserting ``seizure
and forfeiture, and any cigarettes or smokeless tobacco so
seized and forfeited shall be either--
``(1) destroyed and not resold; or
``(2) used for undercover investigative operations for the
detection and prosecution of crimes, and then destroyed and
not resold.''.
(e) Effect on State and Local Law.--Section 2345 of that
title is amended--
(1) in subsection (a), by striking ``a State to enact and
enforce'' and inserting ``a State or local government to
enact and enforce its own''; and
(2) in subsection (b), by striking ``of States, through
interstate compact or otherwise, to provide for the
administration of State'' and inserting ``of State or local
governments, through interstate compact or otherwise, to
provide for the administration of State or local''.
(f) Enforcement.--Section 2346 of that title is amended--
(1) by inserting ``(a)'' before ``The Attorney General'';
and
(2) by adding at the end the following new subsection:
``(b)(1) A State, through its attorney general, a local
government, through its chief law enforcement officer (or a
designee thereof), or any person who holds a permit under
chapter 52 of the Internal Revenue Code of 1986, may bring an
action in the United States district courts to prevent and
restrain violations of this chapter by any person (or by any
person controlling such person), except that any person who
holds a permit under chapter 52 of the Internal Revenue Code
of 1986 may not bring such an action against a State or local
government. No civil action may be commenced under this
paragraph against an Indian tribe or an Indian in Indian
country (as defined in section 1151).
``(2) A State, through its attorney general, or a local
government, through its chief law enforcement officer (or a
designee thereof), may in a civil action under paragraph (1)
also obtain any other appropriate relief for violations of
this chapter from any person (or by any person controlling
such person), including civil penalties, money damages, and
injunctive or other equitable relief. Nothing in this chapter
shall be deemed to abrogate or constitute a waiver of any
sovereign immunity of a State or local government, or an
Indian tribe against any unconsented lawsuit under this
chapter, or otherwise to restrict, expand, or modify any
sovereign immunity of a State or local government, or an
Indian tribe.
``(3) The remedies under paragraphs (1) and (2) are in
addition to any other remedies under Federal, State, local,
or other law.
``(4) Nothing in this chapter shall be construed to expand,
restrict, or otherwise modify any right of an authorized
State official to proceed in State court, or take other
enforcement actions, on the basis of an alleged violation of
State or other law.
``(5) Nothing in this chapter shall be construed to expand,
restrict, or otherwise modify any right of an authorized
local government official to proceed in State court, or take
other enforcement actions, on the basis of an alleged
violation of local or other law.''.
(g) Conforming and Clerical Amendments.--(1) The section
heading for section 2343 of that title is amended to read as
follows:
``Sec. 2343. Recordkeeping, reporting, and inspection''.
(2) The section heading for section 2345 of such title is
amended to read as follows:
``Sec. 2345. Effect on State and local law''.
(3) The table of sections at the beginning of chapter 114
of that title is amended--
(A) by striking the item relating to section 2343 and
inserting the following new item:
``2343. Recordkeeping, reporting, and inspection.'';
and
(B) by striking the item relating to section 2345 and
insert the following new item:
``2345. Effect on State and local law.''.
(4)(A) The heading for chapter 114 of that title is amended
to read as follows:
``CHAPTER 114--TRAFFICKING IN CONTRABAND CIGARETTES AND SMOKELESS
TOBACCO''.
(B) The table of chapters at the beginning of part I of
that title is amended by striking the item relating to
section 114 and inserting the following new item:
``114. Trafficking in contraband cigarettes and smokeless tobacc2341''.
SEC. 124. PROHIBITION OF NARCO-TERRORISM.
Part A of the Controlled Substance Import and Export Act
(21 U.S.C. 951 et seq.) is amended by inserting after section
1010 the following:
``Narco-terrorists who aid and support terrorists or foreign terrorist
organizations
``Sec. 1010A. (a) Prohibited Acts.--Whoever, in a
circumstance described in subsection (c), manufactures,
distributes, imports, exports, or possesses with intent to
distribute or manufacture a controlled substance,
flunitrazepam, or listed chemical, or attempts or conspires
to do so, knowing or intending that such activity, directly
or indirectly, aids or provides support, resources, or
anything of pecuniary value to--
``(1) a foreign terrorist organization; or
``(2) any person or group involved in the planning,
preparation for, or carrying out of,
[[Page S9568]]
a terrorist offense, shall be punished as provided under
subsection (b).
``(b) Penalties.--Whoever violates subsection (a) shall be
fined under this title, imprisoned for not less than 20 years
and not more than life and shall be sentenced to a term of
supervised release of not less than 5 years.
``(c) Jurisdiction.--There is jurisdiction over an offense
under this section if--
``(1) the prohibited drug activity or the terrorist offense
is in violation of the criminal laws of the United States;
``(2) the offense or the prohibited drug activity occurs in
or affects interstate or foreign commerce;
``(3) the offense, the prohibited drug activity or the
terrorist offense involves the use of the mails or a facility
of interstate or foreign commerce;
``(4) the terrorist offense occurs in or affects interstate
or foreign commerce or would have occurred in or affected
interstate or foreign commerce had it been consummated;
``(5) an offender provides anything of pecuniary value to a
foreign terrorist organization;
``(6) an offender provides anything of pecuniary value for
a terrorist offense that is designed to influence the policy
or affect the conduct of the United States government;
``(7) an offender provides anything of pecuniary value for
a terrorist offense that occurs in part within the United
States and is designed to influence the policy or affect the
conduct of a foreign government;
``(8) an offender provides anything of pecuniary value for
a terrorist offense that causes or is designed to cause death
or serious bodily injury to a national of the United States
while that national is outside the United States, or
substantial damage to the property of a legal entity
organized under the laws of the United States (including any
of its States, districts, commonwealths, territories, or
possessions) while that property is outside of the United
States;
``(9) the offense occurs in whole or in part within the
United States, and an offender provides anything of pecuniary
value for a terrorist offense that is designed to influence
the policy or affect the conduct of a foreign government;
``(10) the offense or the prohibited drug activity occurs
in whole or in part outside of the United States (including
on the high seas), and a perpetrator of the offense or the
prohibited drug activity is a national of the United States
or a legal entity organized under the laws of the United
States (including any of its States, districts,
commonwealths, territories, or possessions); or
``(11) after the conduct required for the offense occurs an
offender is brought into or found in the United States, even
if the conduct required for the offense occurs outside the
United States.
``(d) Proof Requirements.--The prosecution shall not be
required to prove that any defendant knew that an
organization was designated as a `foreign terrorist
organization' under the Immigration and Nationality Act.
``(e) Definitions.--In this section, the following
definitions shall apply:
``(1) Anything of pecuniary value.--The term `anything of
pecuniary value' has the meaning given the term in section
1958(b)(1) of title 18, United States Code.
``(2) Terrorist offense.--The term `terrorist offense'
means--
``(A) an act which constitutes an offense within the scope
of a treaty, as defined under section 2339C(e)(7) of title
18, United States Code, which has been implemented by the
United States;
``(B) any other act intended to cause death or serious
bodily injury to a civilian, or to any other person not
taking an active part in the hostilities in a situation of
armed conflict, when the purpose of such act, by its nature
or context, is to intimidate a population, or to compel a
government or an international organization to do or to
abstain from doing any act.
``(3) Terrorist organization.--The term `terrorist
organization' has the meaning given the term in section
212(a)(3)(B)(vi) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(3)(B)(vi)).''.
SEC. 125. INTERFERING WITH THE OPERATION OF AN AIRCRAFT.
Section 32 of title 18, United States Code, is amended--
(1) in subsection (a), by redesignating paragraphs (5),
(6), and (7) as paragraphs (6), (7), and (8) respectively;
(2) by inserting after paragraph (4) of subsection (a), the
following:
``(5) interferes with or disables, with intent to endanger
the safety of any person or with a reckless disregard for the
safety of human life, anyone engaged in the authorized
operation of such aircraft or any air navigation facility
aiding in the navigation of any such aircraft;'';
(3) in subsection (a)(8), by striking ``paragraphs (1)
through (6)'' and inserting ``paragraphs (1) through (7)'';
and
(4) in subsection (c), by striking ``paragraphs (1) through
(5)'' and inserting ``paragraphs (1) through (6)''.
SEC. 126. SENSE OF CONGRESS RELATING TO LAWFUL POLITICAL
ACTIVITY.
It is the sense of Congress that the Federal Government
should not investigate an American citizen for alleged
criminal conduct solely on the basis of the citizen's
membership in a non-violent political organization or the
fact that the citizen was engaging in other lawful political
activity.
SEC. 127. REPEAL OF FIRST RESPONDER GRANT PROGRAM.
Section 1014 of the USA PATRIOT ACT is amended by striking
subsection (c).
SEC. 128. FASTER AND SMARTER FUNDING FOR FIRST RESPONDERS.
(a) In General.--The Homeland Security Act of 2002 (Public
Law 107-296; 6 U.S.C. 361 et seq.) is amended--
(1) in section 1(b) in the table of contents by adding at
the end the following:
``TITLE XVIII--FUNDING FOR FIRST RESPONDERS
``1801. Definitions.
``1802. Faster and Smarter Funding for First Responders.
``1803. Covered grant eligibility and criteria.
``1804. Risk-based evaluation and prioritization.
``1805. Task Force on Terrorism Preparedness for First Responders.
``1806. Use of funds and accountability requirements.
``1807. National standards for first responder equipment and
training.''.
(2) by adding at the end the following:
``TITLE XVIII--FUNDING FOR FIRST RESPONDERS
``SEC. 1801. DEFINITIONS.
``In this title:
``(1) Board.--The term `Board' means the First Responder
Grants Board established under section 1804.
``(2) Covered grant.--The term `covered grant' means any
grant to which this title applies under section 1802.
``(3) Directly eligible tribe.--The term `directly eligible
tribe' means any Indian tribe or consortium of Indian tribes
that--
``(A) meets the criteria for inclusion in the qualified
applicant pool for Self-Governance that are set forth in
section 402(c) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 458bb(c));
``(B) employs at least 10 full-time personnel in a law
enforcement or emergency response agency with the capacity to
respond to calls for law enforcement or emergency services;
and
``(C)(i) is located on, or within 5 miles of, an
international border or waterway;
``(ii) is located within 5 miles of a facility designated
as high-risk critical infrastructure by the Secretary;
``(iii) is located within or contiguous to one of the 50
largest metropolitan statistical areas in the United States;
or
``(iv) has more than 1,000 square miles of Indian country,
as that term is defined in section 1151 of title 18, United
States Code.
``(4) Elevations in the threat alert level.--The term
`elevations in the threat alert level' means any designation
(including those that are less than national in scope) that
raises the homeland security threat level to either the
highest or second highest threat level under the Homeland
Security Advisory System referred to in section 201(d)(7).
``(5) Emergency preparedness.--The term `emergency
preparedness' shall have the same meaning that term has under
section 602 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5195a).
``(6) Essential capabilities.--The term `essential
capabilities' means the levels, availability, and competence
of emergency personnel, planning, training, and equipment
across a variety of disciplines needed to effectively and
efficiently prevent, prepare for, respond to, and recover
from acts of terrorism consistent with established practices.
``(7) First responder.--The term `first responder' shall
have the same meaning as the term `emergency response
provider'.
``(8) Indian tribe.--The term `Indian tribe' means any
Indian tribe, band, nation, or other organized group or
community, including any Alaskan Native village or regional
or village corporation as defined in or established pursuant
to the Alaskan Native Claims Settlement Act (43 U.S.C. 1601
et seq.), which is recognized as eligible for the special
programs and services provided by the United States to
Indians because of their status as Indians.
``(9) Region.--The term `region' means--
``(A) any geographic area consisting of all or parts of 2
or more contiguous States, counties, municipalities, or other
local governments that have a combined population of at least
1,650,000 or have an area of not less than 20,000 square
miles, and that, for purposes of an application for a covered
grant, is represented by 1 or more governments or
governmental agencies within such geographic area, and that
is established by law or by agreement of 2 or more such
governments or governmental agencies in a mutual aid
agreement; or
``(B) any other combination of contiguous local government
units (including such a combination established by law or
agreement of two or more governments or governmental agencies
in a mutual aid agreement) that is formally certified by the
Secretary as a region for purposes of this Act with the
consent of--
``(i) the State or States in which they are located,
including a multi-State entity established by a compact
between two or more States; and
``(ii) the incorporated municipalities, counties, and
parishes that they encompass.
``(10) Task force.--The term `Task Force' means the Task
Force on Terrorism Preparedness for First Responders
established under section 1805.
[[Page S9569]]
``(11) Terrorism preparedness.--The term `terrorism
preparedness' means any activity designed to improve the
ability to prevent, prepare for, respond to, mitigate
against, or recover from threatened or actual terrorist
attacks.
``SEC. 1802. FASTER AND SMARTER FUNDING FOR FIRST RESPONDERS.
``(a) Covered Grants.--This title applies to grants
provided by the Department to States, regions, or directly
eligible tribes for the primary purpose of improving the
ability of first responders to prevent, prepare for, respond
to, mitigate against, or recover from threatened or actual
terrorist attacks, especially those involving weapons of mass
destruction, administered under the following:
``(1) State homeland security grant program.--The State
Homeland Security Grant Program of the Department, or any
successor to such grant program.
``(2) Urban area security initiative.--The Urban Area
Security Initiative of the Department, or any successor to
such grant program.
``(3) Law enforcement terrorism prevention program.--The
Law Enforcement Terrorism Prevention Program of the
Department, or any successor to such grant program.
``(b) Excluded Programs.--This title does not apply to or
otherwise affect the following Federal grant programs or any
grant under such a program:
``(1) Nondepartment programs.--Any Federal grant program
that is not administered by the Department.
``(2) Fire grant programs.--The fire grant programs
authorized by sections 33 and 34 of the Federal Fire
Prevention and Control Act of 1974 (15 U.S.C. 2229, 2229a).
``(3) Emergency management planning and assistance account
grants.--The Emergency Management Performance Grant program
and the Urban Search and Rescue Grants program authorized by
title VI of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5195 et seq.); the
Departments of Veterans Affairs and Housing and Urban
Development, and Independent Agencies Appropriations Act,
2000 (113 Stat. 1047 et seq.); and the Earthquake Hazards
Reduction Act of 1977 (42 U.S.C. 7701 et seq.).
``SEC. 1803. COVERED GRANT ELIGIBILITY AND CRITERIA.
``(a) Grant Eligibility.--Any State, region, or directly
eligible tribe shall be eligible to apply for a covered
grant.
``(b) Grant Criteria.--The Secretary shall award covered
grants to assist States and local governments in achieving,
maintaining, and enhancing the essential capabilities for
terrorism preparedness established by the Secretary.
``(c) State Homeland Security Plans.--
``(1) Submission of plans.--The Secretary shall require
that any State applying to the Secretary for a covered grant
must submit to the Secretary a 3-year State homeland security
plan that--
``(A) describes the essential capabilities that communities
within the State should possess, or to which they should have
access, based upon the terrorism risk factors relevant to
such communities, in order to meet the Department's goals for
terrorism preparedness;
``(B) demonstrates the extent to which the State has
achieved the essential capabilities that apply to the State;
``(C) demonstrates the needs of the State necessary to
achieve, maintain, or enhance the essential capabilities that
apply to the State;
``(D) includes a prioritization of such needs based on
threat, vulnerability, and consequence assessment factors
applicable to the State;
``(E) describes how the State intends--
``(i) to address such needs at the city, county, regional,
tribal, State, and interstate level, including a precise
description of any regional structure the State has
established for the purpose of organizing homeland security
preparedness activities funded by covered grants;
``(ii) to use all Federal, State, and local resources
available for the purpose of addressing such needs; and
``(iii) to give particular emphasis to regional planning
and cooperation, including the activities of
multijurisdictional planning agencies governed by local
officials, both within its jurisdictional borders and with
neighboring States;
``(F) with respect to the emergency preparedness of first
responders, addresses the unique aspects of terrorism as part
of a comprehensive State emergency management plan; and
``(G) provides for coordination of response and recovery
efforts at the local level, including procedures for
effective incident command in conformance with the National
Incident Management System.
``(2) Consultation.--The State plan submitted under
paragraph (1) shall be developed in consultation with and
subject to appropriate comment by local governments and first
responders within the State.
``(3) Approval by secretary.--The Secretary may not award
any covered grant to a State unless the Secretary has
approved the applicable State homeland security plan.
``(4) Revisions.--A State may revise the applicable State
homeland security plan approved by the Secretary under this
subsection, subject to approval of the revision by the
Secretary.
``(d) Consistency With State Plans.--The Secretary shall
ensure that each covered grant is used to supplement and
support, in a consistent and coordinated manner, the
applicable State homeland security plan or plans.
``(e) Application for Grant.--
``(1) In general.--Except as otherwise provided in this
subsection, any State, region, or directly eligible tribe may
apply for a covered grant by submitting to the Secretary an
application at such time, in such manner, and containing such
information as is required under this subsection, or as the
Secretary may reasonably require.
``(2) Deadlines for applications and awards.--All
applications for covered grants must be submitted at such
time as the Secretary may reasonably require for the fiscal
year for which they are submitted. The Secretary shall award
covered grants pursuant to all approved applications for such
fiscal year as soon as practicable, but not later than March
1 of such year.
``(3) Availability of funds.--All funds awarded by the
Secretary under covered grants in a fiscal year shall be
available for obligation through the end of the subsequent
fiscal year.
``(4) Minimum contents of application.--The Secretary shall
require that each applicant include in its application, at a
minimum--
``(A) the purpose for which the applicant seeks covered
grant funds and the reasons why the applicant needs the
covered grant to meet the essential capabilities for
terrorism preparedness within the State, region, or directly
eligible tribe to which the application pertains;
``(B) a description of how, by reference to the applicable
State homeland security plan or plans under subsection (c),
the allocation of grant funding proposed in the application,
including, where applicable, the amount not passed through
under section 1806(g)(1), would assist in fulfilling the
essential capabilities for terrorism preparedness specified
in such plan or plans;
``(C) a statement of whether a mutual aid agreement applies
to the use of all or any portion of the covered grant funds;
``(D) if the applicant is a State, a description of how the
State plans to allocate the covered grant funds to regions,
local governments, and Indian tribes;
``(E) if the applicant is a region--
``(i) a precise geographical description of the region and
a specification of all participating and nonparticipating
local governments within the geographical area comprising
that region;
``(ii) a specification of what governmental entity within
the region will administer the expenditure of funds under the
covered grant; and
``(iii) a designation of a specific individual to serve as
regional liaison;
``(F) a capital budget showing how the applicant intends to
allocate and expend the covered grant funds;
``(G) if the applicant is a directly eligible tribe, a
designation of a specific individual to serve as the tribal
liaison; and
``(H) a statement of how the applicant intends to meet the
matching requirement, if any, that applies under section
1806(g)(2).
``(5) Regional applications.--
``(A) Relationship to state applications.--A regional
application--
``(i) shall be coordinated with an application submitted by
the State or States of which such region is a part;
``(ii) shall supplement and avoid duplication with such
State application; and
``(iii) shall address the unique regional aspects of such
region's terrorism preparedness needs beyond those provided
for in the application of such State or States.
``(B) State review and submission.--To ensure the
consistency required under subsection (d) and the
coordination required under subparagraph (A) of this
paragraph, an applicant that is a region must submit its
application to each State of which any part is included in
the region for review and concurrence prior to the submission
of such application to the Secretary. The regional
application shall be transmitted to the Secretary through
each such State within 30 days of its receipt, unless the
Governor of such a State notifies the Secretary, in writing,
that such regional application is inconsistent with the
State's homeland security plan and provides an explanation of
the reasons therefor.
``(C) Distribution of regional awards.--If the Secretary
approves a regional application, then the Secretary shall
distribute a regional award to the State or States submitting
the applicable regional application under subparagraph (B),
and each such State shall, not later than the end of the 45-
day period beginning on the date after receiving a regional
award, pass through to the region all covered grant funds or
resources purchased with such funds, except those funds
necessary for the State to carry out its responsibilities
with respect to such regional application: Provided, That in
no such case shall the State or States pass through to the
region less than 80 percent of the regional award.
``(D) Certifications regarding distribution of grant funds
to regions.--Any State that receives a regional award under
subparagraph (C) shall certify to the Secretary, by not later
than 30 days after the expiration of the period described in
subparagraph (C) with respect to the grant, that the State
has made available to the region the required funds and
resources in accordance with subparagraph (C).
[[Page S9570]]
``(E) Direct payments to regions.--If any State fails to
pass through a regional award to a region as required by
subparagraph (C) within 45 days after receiving such award
and does not request or receive an extension of such period
under section 1806(h)(2), the region may petition the
Secretary to receive directly the portion of the regional
award that is required to be passed through to such region
under subparagraph (C).
``(F) Regional liaisons.--A regional liaison designated
under paragraph (4)(E)(iii) shall--
``(i) coordinate with Federal, State, local, regional, and
private officials within the region concerning terrorism
preparedness;
``(ii) develop a process for receiving input from Federal,
State, local, regional, and private sector officials within
the region to assist in the development of the regional
application and to improve the region's access to covered
grants; and
``(iii) administer, in consultation with State, local,
regional, and private officials within the region, covered
grants awarded to the region.
``(6) Tribal applications.--
``(A) Submission to the state or states.--To ensure the
consistency required under subsection (d), an applicant that
is a directly eligible tribe must submit its application to
each State within the boundaries of which any part of such
tribe is located for direct submission to the Department
along with the application of such State or States.
``(B) Opportunity for state comment.--Before awarding any
covered grant to a directly eligible tribe, the Secretary
shall provide an opportunity to each State within the
boundaries of which any part of such tribe is located to
comment to the Secretary on the consistency of the tribe's
application with the State's homeland security plan. Any such
comments shall be submitted to the Secretary concurrently
with the submission of the State and tribal applications.
``(C) Final authority.--The Secretary shall have final
authority to determine the consistency of any application of
a directly eligible tribe with the applicable State homeland
security plan or plans, and to approve any application of
such tribe. The Secretary shall notify each State within the
boundaries of which any part of such tribe is located of the
approval of an application by such tribe.
``(D) Tribal liaison.--A tribal liaison designated under
paragraph (4)(G) shall--
``(i) coordinate with Federal, State, local, regional, and
private officials concerning terrorism preparedness;
``(ii) develop a process for receiving input from Federal,
State, local, regional, and private sector officials to
assist in the development of the application of such tribe
and to improve the tribe's access to covered grants; and
``(iii) administer, in consultation with State, local,
regional, and private officials, covered grants awarded to
such tribe.
``(E) Limitation on the number of direct grants.--The
Secretary may make covered grants directly to not more than
20 directly eligible tribes per fiscal year.
``(F) Tribes not receiving direct grants.--An Indian tribe
that does not receive a grant directly under this section is
eligible to receive funds under a covered grant from the
State or States within the boundaries of which any part of
such tribe is located, consistent with the homeland security
plan of the State as described in subsection (c). If a State
fails to comply with section 1806(g)(1), the tribe may
request payment under section 1806(h)(3) in the same manner
as a local government.
``(7) Equipment standards.--If an applicant for a covered
grant proposes to upgrade or purchase, with assistance
provided under the grant, new equipment or systems that do
not meet or exceed any applicable national voluntary
consensus standards established by the Secretary, the
applicant shall include in the application an explanation of
why such equipment or systems will serve the needs of the
applicant better than equipment or systems that meet or
exceed such standards.
``SEC. 1804. RISK-BASED EVALUATION AND PRIORITIZATION.
``(a) First Responder Grants Board.--
``(1) Establishment of board.--The Secretary shall
establish a First Responder Grants Board, consisting of--
``(A) the Secretary;
``(B) the Under Secretary for Emergency Preparedness and
Response;
``(C) the Under Secretary for Border and Transportation
Security;
``(D) the Under Secretary for Information Analysis and
Infrastructure Protection;
``(E) the Under Secretary for Science and Technology;
``(F) the Director of the Office for Domestic Preparedness;
``(G) the Administrator of the United States Fire
Administration; and
``(H) the Administrator of the Animal and Plant Health
Inspection Service.
``(2) Chairman.--
``(A) In general.--The Secretary shall be the Chairman of
the Board.
``(B) Exercise of authorities by deputy secretary.--The
Deputy Secretary of Homeland Security may exercise the
authorities of the Chairman, if the Secretary so directs.
``(b) Functions of Under Secretaries.--The Under
Secretaries referred to in subsection (a)(1) shall seek to
ensure that the relevant expertise and input of the staff of
their directorates are available to and considered by the
Board.
``(c) Prioritization of Grant Applications.--
``(1) Factors to be considered.--The Board shall evaluate
and annually prioritize all pending applications for covered
grants based upon the degree to which they would, by
achieving, maintaining, or enhancing the essential
capabilities of the applicants on a nationwide basis, lessen
the threat to, vulnerability of, and consequences for persons
(including transient commuting and tourist populations) and
critical infrastructure. Such evaluation and prioritization
shall be based upon the most current risk assessment
available by the Directorate for Information Analysis and
Infrastructure Protection of the threats of terrorism against
the United States. The Board shall coordinate with State,
local, regional, and tribal officials in establishing
criteria for evaluating and prioritizing applications for
covered grants.
``(2) Critical infrastructure sectors.--The Board
specifically shall consider threats of terrorism against the
following critical infrastructure sectors in all areas of the
United States, urban and rural:
``(A) Agriculture and food.
``(B) Banking and finance.
``(C) Chemical industries.
``(D) The defense industrial base.
``(E) Emergency services.
``(F) Energy.
``(G) Government facilities.
``(H) Postal and shipping.
``(I) Public health and health care.
``(J) Information technology.
``(K) Telecommunications.
``(L) Transportation systems.
``(M) Water.
``(N) Dams.
``(O) Commercial facilities.
``(P) National monuments and icons.
The order in which the critical infrastructure sectors are
listed in this paragraph shall not be construed as an order
of priority for consideration of the importance of such
sectors.
``(3) Types of threat.--The Board specifically shall
consider the following types of threat to the critical
infrastructure sectors described in paragraph (2), and to
populations in all areas of the United States, urban and
rural:
``(A) Biological threats.
``(B) Nuclear threats.
``(C) Radiological threats.
``(D) Incendiary threats.
``(E) Chemical threats.
``(F) Explosives.
``(G) Suicide bombers.
``(H) Cyber threats.
``(I) Any other threats based on proximity to specific past
acts of terrorism or the known activity of any terrorist
group.
The order in which the types of threat are listed in this
paragraph shall not be construed as an order of priority for
consideration of the importance of such threats.
``(4) Consideration of additional factors.--The Board shall
take into account any other specific threat to a population
(including a transient commuting or tourist population) or
critical infrastructure sector that the Board has determined
to exist. In evaluating the threat to a population or
critical infrastructure sector, the Board shall give greater
weight to threats of terrorism based upon their specificity
and credibility, including any pattern of repetition.
``(5) Minimum amounts.--After evaluating and prioritizing
grant applications under paragraph (1), the Board shall
ensure that, for each fiscal year--
``(A) each of the States, other than the Virgin Islands,
American Samoa, Guam, and the Northern Mariana Islands, that
has an approved State homeland security plan receives no less
than 0.25 percent of the funds available for covered grants
for that fiscal year for purposes of implementing its
homeland security plan in accordance with the prioritization
of needs under section 1803(c)(1)(D);
``(B) each of the States, other than the Virgin Islands,
American Samoa, Guam, and the Northern Mariana Islands, that
has an approved State homeland security plan and that meets
one or both of the additional high-risk qualifying criteria
under paragraph (6) receives no less than 0.45 percent of the
funds available for covered grants for that fiscal year for
purposes of implementing its homeland security plan in
accordance with the prioritization of needs under section
1803(c)(1)(D);
``(C) the Virgin Islands, American Samoa, Guam, and the
Northern Mariana Islands each receives no less than 0.08
percent of the funds available for covered grants for that
fiscal year for purposes of implementing its approved State
homeland security plan in accordance with the prioritization
of needs under section 1803(c)(1)(D); and
``(D) directly eligible tribes collectively receive no less
than 0.08 percent of the funds available for covered grants
for such fiscal year for purposes of addressing the needs
identified in the applications of such tribes, consistent
with the homeland security plan of each State within the
boundaries of which any part of any such tribe is located,
except that this clause shall not apply with respect to funds
available for a fiscal year if the Secretary receives less
than 5 applications for such fiscal year from such tribes
under section 1803(e)(6)(A) or does not approve at least one
such application.
``(6) Additional high-risk qualifying criteria.--For
purposes of paragraph (5)(B), additional high-risk qualifying
criteria consist of--
[[Page S9571]]
``(A) having a significant international land border; or
``(B) adjoining a body of water within North America
through which an international boundary line extends.
``(d) Effect of Regional Awards on State Minimum.--Any
regional award, or portion thereof, provided to a State under
section 1803(e)(5)(C) shall not be considered in calculating
the minimum State award under subsection (c)(5) of this
section.
``SEC. 1805. TASK FORCE ON TERRORISM PREPAREDNESS FOR FIRST
RESPONDERS.
``(a) Establishment.--To assist the Secretary in updating,
revising, or replacing essential capabilities for terrorism
preparedness, the Secretary shall establish an advisory body
pursuant to section 871(a) not later than 60 days after the
date of the enactment of this section, which shall be known
as the Task Force on Terrorism Preparedness for First
Responders.
``(b) Update, Revise, or Replace.--The Secretary shall
regularly update, revise, or replace the essential
capabilities for terrorism preparedness as necessary, but not
less than every 3 years.
``(c) Report.--
``(1) In general.--The Task Force shall submit to the
Secretary, by not later than 12 months after its
establishment by the Secretary under subsection (a) and not
later than every 2 years thereafter, a report on its
recommendations for essential capabilities for terrorism
preparedness.
``(2) Contents.--Each report shall--
``(A) include a priority ranking of essential capabilities
in order to provide guidance to the Secretary and to the
Congress on determining the appropriate allocation of, and
funding levels for, first responder needs;
``(B) set forth a methodology by which any State or local
government will be able to determine the extent to which it
possesses or has access to the essential capabilities that
States and local governments having similar risks should
obtain;
``(C) describe the availability of national voluntary
consensus standards, and whether there is a need for new
national voluntary consensus standards, with respect to first
responder training and equipment;
``(D) include such additional matters as the Secretary may
specify in order to further the terrorism preparedness
capabilities of first responders; and
``(E) include such revisions to the contents of previous
reports as are necessary to take into account changes in the
most current risk assessment available by the Directorate for
Information Analysis and Infrastructure Protection or other
relevant information as determined by the Secretary.
``(3) Consistency with federal working group.--The Task
Force shall ensure that its recommendations for essential
capabilities for terrorism preparedness are, to the extent
feasible, consistent with any preparedness goals or
recommendations of the Federal working group established
under section 319F(a) of the Public Health Service Act (42
U.S.C. 247d-6(a)).
``(4) Comprehensiveness.--The Task Force shall ensure that
its recommendations regarding essential capabilities for
terrorism preparedness are made within the context of a
comprehensive State emergency management system.
``(5) Prior measures.--The Task Force shall ensure that its
recommendations regarding essential capabilities for
terrorism preparedness take into account any capabilities
that State or local officials have determined to be essential
and have undertaken since September 11, 2001, to prevent,
prepare for, respond to, or recover from terrorist attacks.
``(d) Membership.--
``(1) In general.--The Task Force shall consist of 25
members appointed by the Secretary, and shall, to the extent
practicable, represent a geographic (including urban and
rural) and substantive cross section of governmental and
nongovernmental first responder disciplines from the State
and local levels, including as appropriate--
``(A) members selected from the emergency response field,
including fire service and law enforcement, hazardous
materials response, emergency medical services, and emergency
management personnel (including public works personnel
routinely engaged in emergency response);
``(B) health scientists, emergency and inpatient medical
providers, and public health professionals, including experts
in emergency health care response to chemical, biological,
radiological, and nuclear terrorism, and experts in providing
mental health care during emergency response operations;
``(C) experts from Federal, State, and local governments,
and the private sector, representing standards-setting
organizations, including representation from the voluntary
consensus codes and standards development community,
particularly those with expertise in first responder
disciplines; and
``(D) State and local officials with expertise in terrorism
preparedness, subject to the condition that if any such
official is an elected official representing one of the two
major political parties, an equal number of elected officials
shall be selected from each such party.
``(2) Coordination with the department of health and health
services.--In the selection of members of the Task Force who
are health professionals, including emergency medical
professionals, the Secretary shall coordinate such selection
with the Secretary of Health and Human Services.
``(3) Ex officio members.--The Secretary and the Secretary
of Health and Human Services shall each designate one or more
officers of their respective Departments to serve as ex
officio members of the Task Force. One of the ex officio
members from the Department of Homeland Security shall be the
designated officer of the Federal Government for purposes of
subsection (e) of section 10 of the Federal Advisory
Committee Act (5 U.S.C. App.).
``(e) Applicability of Federal Advisory Committee Act.--
Notwithstanding section 871(a), the Federal Advisory
Committee Act (5 U.S.C. App.), including subsections (a),
(b), and (d) of section 10 of such Act, and section 552b(c)
of title 5, United States Code, shall apply to the Task
Force.
``SEC. 1806. USE OF FUNDS AND ACCOUNTABILITY REQUIREMENTS.
``(a) In General.--A covered grant may be used for--
``(1) purchasing or upgrading equipment, including computer
software, to enhance terrorism preparedness;
``(2) exercises to strengthen terrorism preparedness;
``(3) training for prevention (including detection) of,
preparedness for, response to, or recovery from attacks
involving weapons of mass destruction, including training in
the use of equipment and computer software;
``(4) developing or updating State homeland security plans,
risk assessments, mutual aid agreements, and emergency
management plans to enhance terrorism preparedness;
``(5) establishing or enhancing mechanisms for sharing
terrorism threat information;
``(6) systems architecture and engineering, program
planning and management, strategy formulation and strategic
planning, life-cycle systems design, product and technology
evaluation, and prototype development for terrorism
preparedness purposes;
``(7) additional personnel costs resulting from--
``(A) elevations in the threat alert level of the Homeland
Security Advisory System by the Secretary, or a similar
elevation in threat alert level issued by a State, region, or
local government with the approval of the Secretary;
``(B) travel to and participation in exercises and training
in the use of equipment and on prevention activities; and
``(C) the temporary replacement of personnel during any
period of travel to and participation in exercises and
training in the use of equipment and on prevention
activities;
``(8) the costs of equipment (including software) required
to receive, transmit, handle, and store classified
information;
``(9) protecting critical infrastructure against potential
attack by the addition of barriers, fences, gates, and other
such devices, except that the cost of such measures may not
exceed the greater of--
``(A) $1,000,000 per project; or
``(B) such greater amount as may be approved by the
Secretary, which may not exceed 10 percent of the total
amount of the covered grant;
``(10) the costs of commercially available interoperable
communications equipment (which, where applicable, is based
on national, voluntary consensus standards) that the
Secretary, in consultation with the Chairman of the Federal
Communications Commission, deems best suited to facilitate
interoperability, coordination, and integration between and
among emergency communications systems, and that complies
with prevailing grant guidance of the Department for
interoperable communications;
``(11) educational curricula development for first
responders to ensure that they are prepared for terrorist
attacks;
``(12) training and exercises to assist public elementary
and secondary schools in developing and implementing programs
to instruct students regarding age-appropriate skills to
prevent, prepare for, respond to, mitigate against, or
recover from an act of terrorism;
``(13) paying of administrative expenses directly related
to administration of the grant, except that such expenses may
not exceed 3 percent of the amount of the grant;
``(14) paying for the conduct of any activity permitted
under the Law Enforcement Terrorism Prevention Program, or
any such successor to such program; and
``(15) other appropriate activities as determined by the
Secretary.
``(b) Prohibited Uses.--Funds provided as a covered grant
may not be used--
``(1) to supplant State or local funds;
``(2) to construct buildings or other physical facilities;
``(3) to acquire land; or
``(4) for any State or local government cost sharing
contribution.
``(c) Multiple-Purpose Funds.--Nothing in this section
shall be construed to preclude State and local governments
from using covered grant funds in a manner that also enhances
first responder preparedness for emergencies and disasters
unrelated to acts of terrorism, if such use assists such
governments in achieving essential capabilities for terrorism
preparedness established by the Secretary.
``(d) Reimbursement of Costs.--(1) In addition to the
activities described in subsection (a), a covered grant may
be used to provide a reasonable stipend to paid-on-call or
volunteer first responders who are not otherwise compensated
for travel to or participation in training covered by this
section. Any such
[[Page S9572]]
reimbursement shall not be considered compensation for
purposes of rendering such a first responder an employee
under the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et
seq.).
``(2) An applicant for a covered grant may petition the
Secretary for the reimbursement of the cost of any activity
relating to prevention (including detection) of, preparedness
for, response to, or recovery from acts of terrorism that is
a Federal duty and usually performed by a Federal agency, and
that is being performed by a State or local government (or
both) under agreement with a Federal agency.
``(e) Assistance Requirement.--The Secretary may not
require that equipment paid for, wholly or in part, with
funds provided as a covered grant be made available for
responding to emergencies in surrounding States, regions, and
localities, unless the Secretary undertakes to pay the costs
directly attributable to transporting and operating such
equipment during such response.
``(f) Flexibility in Unspent Homeland Security Grant
Funds.--Upon request by the recipient of a covered grant, the
Secretary may authorize the grantee to transfer all or part
of funds provided as the covered grant from uses specified in
the grant agreement to other uses authorized under this
section, if the Secretary determines that such transfer is in
the interests of homeland security.
``(g) State, Regional, and Tribal Responsibilities.--
``(1) Pass-through.--The Secretary shall require a
recipient of a covered grant that is a State to obligate or
otherwise make available to local governments, first
responders, and other local groups, to the extent required
under the State homeland security plan or plans specified in
the application for the grant, not less than 80 percent of
the grant funds, resources purchased with the grant funds
having a value equal to at least 80 percent of the amount of
the grant, or a combination thereof, by not later than the
end of the 45-day period beginning on the date the grant
recipient receives the grant funds.
``(2) Cost sharing.--
``(A) In general.--The Federal share of the costs of an
activity carried out with a covered grant to a State, region,
or directly eligible tribe awarded after the 2-year period
beginning on the date of the enactment of this section shall
not exceed 75 percent.
``(B) Interim rule.--The Federal share of the costs of an
activity carried out with a covered grant awarded before the
end of the 2-year period beginning on the date of the
enactment of this section shall be 100 percent.
``(C) In-kind matching.--Each recipient of a covered grant
may meet the matching requirement under subparagraph (A) by
making in-kind contributions of goods or services that are
directly linked with the purpose for which the grant is made,
including, but not limited to, any necessary personnel
overtime, contractor services, administrative costs,
equipment fuel and maintenance, and rental space.
``(3) Certifications regarding distribution of grant funds
to local governments.--Any State that receives a covered
grant shall certify to the Secretary, by not later than 30
days after the expiration of the period described in
paragraph (1) with respect to the grant, that the State has
made available for expenditure by local governments, first
responders, and other local groups the required amount of
grant funds pursuant to paragraph (1).
``(4) Quarterly report on homeland security spending.--The
Federal share described in paragraph (2)(A) may be increased
by up to 2 percent for any State, region, or directly
eligible tribe that, not later than 30 days after the end of
each fiscal quarter, submits to the Secretary a report on
that fiscal quarter. Each such report must include, for each
recipient of a covered grant or a pass-through under
paragraph (1)--
``(A) the amount obligated to that recipient in that
quarter;
``(B) the amount expended by that recipient in that
quarter; and
``(C) a summary description of the items purchased by such
recipient with such amount.
``(5) Annual report on homeland security spending.--Each
recipient of a covered grant shall submit an annual report to
the Secretary not later than 60 days after the end of each
Federal fiscal year. Each recipient of a covered grant that
is a region must simultaneously submit its report to each
State of which any part is included in the region. Each
recipient of a covered grant that is a directly eligible
tribe must simultaneously submit its report to each State
within the boundaries of which any part of such tribe is
located. Each report must include the following:
``(A) The amount, ultimate recipients, and dates of receipt
of all funds received under the grant during the previous
fiscal year.
``(B) The amount and the dates of disbursements of all such
funds expended in compliance with paragraph (1) or pursuant
to mutual aid agreements or other sharing arrangements that
apply within the State, region, or directly eligible tribe,
as applicable, during the previous fiscal year.
``(C) How the funds were utilized by each ultimate
recipient or beneficiary during the preceding fiscal year.
``(D) The extent to which essential capabilities identified
in the applicable State homeland security plan or plans were
achieved, maintained, or enhanced as the result of the
expenditure of grant funds during the preceding fiscal year.
``(E) The extent to which essential capabilities identified
in the applicable State homeland security plan or plans
remain unmet.
``(6) Inclusion of restricted annexes.--A recipient of a
covered grant may submit to the Secretary an annex to the
annual report under paragraph (5) that is subject to
appropriate handling restrictions, if the recipient believes
that discussion in the report of unmet needs would reveal
sensitive but unclassified information.
``(7) Provision of reports.--The Secretary shall ensure
that each annual report under paragraph (5) is provided to
the Under Secretary for Emergency Preparedness and Response
and the Director of the Office for Domestic Preparedness.
``(h) Incentives to Efficient Administration of Homeland
Security Grants.--
``(1) Penalties for delay in passing through local share.--
If a recipient of a covered grant that is a State fails to
pass through to local governments, first responders, and
other local groups funds or resources required by subsection
(g)(1) within 45 days after receiving funds under the grant,
the Secretary may--
``(A) reduce grant payments to the grant recipient from the
portion of grant funds that is not required to be passed
through under subsection (g)(1);
``(B) terminate payment of funds under the grant to the
recipient, and transfer the appropriate portion of those
funds directly to local first responders that were intended
to receive funding under that grant; or
``(C) impose additional restrictions or burdens on the
recipient's use of funds under the grant, which may include--
``(i) prohibiting use of such funds to pay the grant
recipient's grant-related overtime or other expenses;
``(ii) requiring the grant recipient to distribute to local
government beneficiaries all or a portion of grant funds that
are not required to be passed through under subsection
(g)(1); or
``(iii) for each day that the grant recipient fails to pass
through funds or resources in accordance with subsection
(g)(1), reducing grant payments to the grant recipient from
the portion of grant funds that is not required to be passed
through under subsection (g)(1), except that the total amount
of such reduction may not exceed 20 percent of the total
amount of the grant.
``(2) Extension of period.--The Governor of a State may
request in writing that the Secretary extend the 45-day
period under section 1803(e)(5)(E) or paragraph (1) for an
additional 15-day period. The Secretary may approve such a
request, and may extend such period for additional 15-day
periods, if the Secretary determines that the resulting delay
in providing grant funding to the local government entities
that will receive funding under the grant will not have a
significant detrimental impact on such entities' terrorism
preparedness efforts.
``(3) Provision of non-local share to local government.--
``(A) In general.--The Secretary may upon request by a
local government pay to the local government a portion of the
amount of a covered grant awarded to a State in which the
local government is located, if--
``(i) the local government will use the amount paid to
expedite planned enhancements to its terrorism preparedness
as described in any applicable State homeland security plan
or plans;
``(ii) the State has failed to pass through funds or
resources in accordance with subsection (g)(1); and
``(iii) the local government complies with subparagraphs
(B) and (C).
``(B) Showing required.--To receive a payment under this
paragraph, a local government must demonstrate that--
``(i) it is identified explicitly as an ultimate recipient
or intended beneficiary in the approved grant application;
``(ii) it was intended by the grantee to receive a
severable portion of the overall grant for a specific purpose
that is identified in the grant application;
``(iii) it petitioned the grantee for the funds or
resources after expiration of the period within which the
funds or resources were required to be passed through under
subsection (g)(1); and
``(iv) it did not receive the portion of the overall grant
that was earmarked or designated for its use or benefit.
``(C) Effect of payment.--Payment of grant funds to a local
government under this paragraph--
``(i) shall not affect any payment to another local
government under this paragraph; and
``(ii) shall not prejudice consideration of a request for
payment under this paragraph that is submitted by another
local government.
``(D) Deadline for action by secretary.--The Secretary
shall approve or disapprove each request for payment under
this paragraph by not later than 15 days after the date the
request is received by the Department.
``(i) Reports to Congress.--The Secretary shall submit an
annual report to the Congress by January 31 of each year
covering the preceding fiscal year--
``(1) describing in detail the amount of Federal funds
provided as covered grants that
[[Page S9573]]
were directed to each State, region, and directly eligible
tribe in the preceding fiscal year;
``(2) containing information on the use of such grant funds
by grantees; and
``(3) describing--
``(A) the Nation's progress in achieving, maintaining, and
enhancing the essential capabilities established by the
Secretary as a result of the expenditure of covered grant
funds during the preceding fiscal year; and
``(B) an estimate of the amount of expenditures required to
attain across the United States the essential capabilities
established by the Secretary.
``SEC. 1807. NATIONAL STANDARDS FOR FIRST RESPONDER EQUIPMENT
AND TRAINING.
``(a) Equipment Standards.--
``(1) In general.--The Secretary, in consultation with the
Under Secretaries for Emergency Preparedness and Response and
Science and Technology and the Director of the Office for
Domestic Preparedness, shall, not later than 6 months after
the date of enactment of this section, support the
development of, promulgate, and update as necessary national
voluntary consensus standards for the performance, use, and
validation of first responder equipment for purposes of
section 1805(e)(7). Such standards--
``(A) shall be, to the maximum extent practicable,
consistent with any existing voluntary consensus standards;
``(B) shall take into account, as appropriate, new types of
terrorism threats that may not have been contemplated when
such existing standards were developed;
``(C) shall be focused on maximizing interoperability,
interchangeability, durability, flexibility, efficiency,
efficacy, portability, sustainability, and safety; and
``(D) shall cover all appropriate uses of the equipment.
``(2) Required categories.--In carrying out paragraph (1),
the Secretary shall specifically consider the following
categories of first responder equipment:
``(A) Thermal imaging equipment.
``(B) Radiation detection and analysis equipment.
``(C) Biological detection and analysis equipment.
``(D) Chemical detection and analysis equipment.
``(E) Decontamination and sterilization equipment.
``(F) Personal protective equipment, including garments,
boots, gloves, and hoods and other protective clothing.
``(G) Respiratory protection equipment.
``(H) Interoperable communications, including wireless and
wireline voice, video, and data networks.
``(I) Explosive mitigation devices and explosive detection
and analysis equipment.
``(J) Containment vessels.
``(K) Contaminant-resistant vehicles.
``(L) Such other equipment for which the Secretary
determines that national voluntary consensus standards would
be appropriate.
``(b) Training Standards.--
``(1) In general.--The Secretary, in consultation with the
Under Secretaries for Emergency Preparedness and Response and
Science and Technology and the Director of the Office for
Domestic Preparedness, shall support the development of,
promulgate, and regularly update as necessary national
voluntary consensus standards for first responder training
carried out with amounts provided under covered grant
programs, that will enable State and local government first
responders to achieve optimal levels of terrorism
preparedness as quickly as practicable. Such standards shall
give priority to providing training to--
``(A) enable first responders to prevent, prepare for,
respond to, mitigate against, and recover from terrorist
threats, including threats from chemical, biological,
nuclear, and radiological weapons and explosive devices
capable of inflicting significant human casualties; and
``(B) familiarize first responders with the proper use of
equipment, including software, developed pursuant to the
standards established under subsection (a).
``(2) Required categories.--In carrying out paragraph (1),
the Secretary specifically shall include the following
categories of first responder activities:
``(A) Regional planning.
``(B) Joint exercises.
``(C) Intelligence collection, analysis, and sharing.
``(D) Emergency notification of affected populations.
``(E) Detection of biological, nuclear, radiological, and
chemical weapons of mass destruction.
``(F) Such other activities for which the Secretary
determines that national voluntary consensus training
standards would be appropriate.
``(3) Consistency.--In carrying out this subsection, the
Secretary shall ensure that such training standards are
consistent with the principles of emergency preparedness for
all hazards.
``(c) Consultation With Standards Organizations.--In
establishing national voluntary consensus standards for first
responder equipment and training under this section, the
Secretary shall consult with relevant public and private
sector groups, including--
``(1) the National Institute of Standards and Technology;
``(2) the National Fire Protection Association;
``(3) the National Association of County and City Health
Officials;
``(4) the Association of State and Territorial Health
Officials;
``(5) the American National Standards Institute;
``(6) the National Institute of Justice;
``(7) the Inter-Agency Board for Equipment Standardization
and Interoperability;
``(8) the National Public Health Performance Standards
Program;
``(9) the National Institute for Occupational Safety and
Health;
``(10) ASTM International;
``(11) the International Safety Equipment Association;
``(12) the Emergency Management Accreditation Program; and
``(13) to the extent the Secretary considers appropriate,
other national voluntary consensus standards development
organizations, other interested Federal, State, and local
agencies, and other interested persons.
``(d) Coordination With Secretary of HHS.--In establishing
any national voluntary consensus standards under this section
for first responder equipment or training that involve or
relate to health professionals, including emergency medical
professionals, the Secretary shall coordinate activities
under this section with the Secretary of Health and Human
Services.''.
(b) Definition of Emergency Response Providers.--Paragraph
(6) of section 2 of the Homeland Security Act of 2002 (Public
Law 107-296; 6 U.S.C. 101(6)) is amended by striking
``includes'' and all that follows and inserting ``includes
Federal, State, and local governmental and nongovernmental
emergency public safety, law enforcement, fire, emergency
response, emergency medical (including hospital emergency
facilities), and related personnel, organizations, agencies,
and authorities.''.
SEC. 129. OVERSIGHT.
The Secretary of Homeland Security shall establish within
the Office for Domestic Preparedness an Office of the
Comptroller to oversee the grants distribution process and
the financial management of the Office for Domestic
Preparedness.
SEC. 130. GAO REPORT ON AN INVENTORY AND STATUS OF HOMELAND
SECURITY FIRST RESPONDER TRAINING.
(a) In General.--The Comptroller General of the United
States shall report to the Congress in accordance with this
section--
(1) on the overall inventory and status of first responder
training programs of the Department of Homeland Security and
other departments and agencies of the Federal Government; and
(2) the extent to which such programs are coordinated.
(b) Contents of Reports.--The reports under this section
shall include--
(1) an assessment of the effectiveness of the structure and
organization of such training programs;
(2) recommendations to--
(A) improve the coordination, structure, and organization
of such training programs; and
(B) increase the availability of training to first
responders who are not able to attend centralized training
programs;
(3) the structure and organizational effectiveness of such
programs for first responders in rural communities;
(4) identification of any duplication or redundancy among
such programs;
(5) a description of the use of State and local training
institutions, universities, centers, and the National
Domestic Preparedness Consortium in designing and providing
training;
(6) a cost-benefit analysis of the costs and time required
for first responders to participate in training courses at
Federal institutions;
(7) an assessment of the approval process for certifying
non-Department of Homeland Security training courses that are
useful for anti-terrorism purposes as eligible for grants
awarded by the Department;
(8) a description of the use of Department of Homeland
Security grant funds by States and local governments to
acquire training;
(9) an analysis of the feasibility of Federal, State, and
local personnel to receive the training that is necessary to
adopt the National Response Plan and the National Incident
Management System; and
(10) the role of each first responder training institution
within the Department of Homeland Security in the design and
implementation of terrorism preparedness and related training
courses for first responders.
(c) Deadlines.--The Comptroller General shall--
(1) submit a report under subsection (a)(1) by not later
than 60 days after the date of the enactment of this Act; and
(2) submit a report on the remainder of the topics required
by this section by not later than 120 days after the date of
the enactment of this Act.
SEC. 131. REMOVAL OF CIVIL LIABILITY BARRIERS THAT DISCOURAGE
THE DONATION OF FIRE EQUIPMENT TO VOLUNTEER
FIRE COMPANIES.
(a) Liability Protection.--A person who donates fire
control or fire rescue equipment to a volunteer fire company
shall not be liable for civil damages under any State or
Federal law for personal injuries, property damage or loss,
or death caused by the equipment after the donation.
(b) Exceptions.--Subsection (a) does not apply to a person
if--
(1) the person's act or omission causing the injury,
damage, loss, or death constitutes
[[Page S9574]]
gross negligence or intentional misconduct; or
(2) the person is the manufacturer of the fire control or
fire rescue equipment.
(c) Preemption.--This section preempts the laws of any
State to the extent that such laws are inconsistent with this
section, except that notwithstanding subsection (b) this
section shall not preempt any State law that provides
additional protection from liability for a person who donates
fire control or fire rescue equipment to a volunteer fire
company.
(d) Definitions.--In this section:
(1) Person.--The term ``person'' includes any governmental
or other entity.
(2) Fire control or rescue equipment.--The term ``fire
control or fire rescue equipment'' includes any fire vehicle,
fire fighting tool, communications equipment, protective
gear, fire hose, or breathing apparatus.
(3) State.--The term ``State'' includes the several States,
the District of Columbia, the Commonwealth of Puerto Rico,
the Commonwealth of the Northern Mariana Islands, American
Samoa, Guam, the Virgin Islands, any other territory or
possession of the United States, and any political
subdivision of any such State, territory, or possession.
(4) Volunteer fire company.--The term ``volunteer fire
company'' means an association of individuals who provide
fire protection and other emergency services, where at least
30 percent of the individuals receive little or no
compensation compared with an entry level full-time paid
individual in that association or in the nearest such
association with an entry level full-time paid individual.
(e) Effective Date.--This section applies only to liability
for injury, damage, loss, or death caused by equipment that,
for purposes of subsection (a), is donated on or after the
date that is 30 days after the date of the enactment of this
section.
SEC. 132. REPORT BY ATTORNEY GENERAL.
(a) Reports on Data-Mining Activities.--
(1) Requirement for report.--The Attorney General shall
collect the information described in paragraph (2) from the
head of each department or agency of the Federal Government
that is engaged in any activity to use or develop data-mining
technology and shall report to Congress on all such
activities.
(2) Content of report.--A report submitted under paragraph
(1) shall include, for each activity to use or develop data-
mining technology that is required to be covered by the
report, the following information:
(A) A thorough description of the data-mining technology
and the data that will be used.
(B) A thorough discussion of the plans for the use of such
technology and the target dates for the deployment of the
data-mining technology.
(C) An assessment of the likely efficacy of the data-mining
technology in providing accurate and valuable information
consistent with the stated plans for the use of the
technology.
(D) An assessment of the likely impact of the
implementation of the data-mining technology on privacy and
civil liberties.
(E) A list and analysis of the laws and regulations that
govern the information to be collected, reviewed, gathered,
and analyzed with the data-mining technology and a
description of any modifications of such laws that will be
required to use the information in the manner proposed under
such program.
(F) A thorough discussion of the policies, procedures, and
guidelines that are to be developed and applied in the use of
such technology for data-mining in order to--
(i) protect the privacy and due process rights of
individuals; and
(ii) ensure that only accurate information is collected and
used.
(G) A thorough discussion of the procedures allowing
individuals whose personal information will be used in the
data-mining technology to be informed of the use of their
personal information and what procedures are in place to
allow for individuals to opt out of the technology. If no
such procedures are in place, a thorough explanation as to
why not.
(H) Any necessary classified information in an annex that
shall be available to the Committee on the Judiciary of both
the Senate and the House of Representatives.
(3) Time for report.--The report required under paragraph
(1) shall be--
(A) submitted not later than 180 days after the date of
enactment of this Act; and
(B) updated once a year to include any new data-mining
technologies.
(b) Definitions.--In this section:
(1) Data-mining.--The term ``data-mining'' means a query or
search or other analysis of 1 or more electronic databases,
where--
(A) at least 1 of the databases was obtained from or
remains under the control of a non-Federal entity, or the
information was acquired initially by another department or
agency of the Federal Government for purposes other than
intelligence or law enforcement;
(B) the search does not use a specific individual's
personal identifiers to acquire information concerning that
individual; and
(C) a department or agency of the Federal Government is
conducting the query or search or other analysis to find a
pattern indicating terrorist or other criminal activity.
(2) Database.--The term ``database'' does not include
telephone directories, information publicly available via the
Internet or available by any other means to any member of the
public without payment of a fee, or databases of judicial and
administrative opinions.
SEC. 133. SENSE OF CONGRESS.
It is the sense of Congress that under section 981 of title
18, United States Code, victims of terrorists attacks should
have access to the assets forfeited.
TITLE II--TERRORIST DEATH PENALTY ENHANCEMENT
SEC. 201. SHORT TITLE.
This title may be cited as the ``Terrorist Death Penalty
Enhancement Act of 2005''.
Subtitle A--Terrorist Penalties Enhancement Act
SEC. 211. TERRORIST OFFENSE RESULTING IN DEATH.
(a) New Offense.--Chapter 113B of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 2339E. Terrorist offenses resulting in death
``(a) Whoever, in the course of committing a terrorist
offense, engages in conduct that results in the death of a
person, shall be punished by death or imprisoned for any term
of years or for life.
``(b) As used in this section, the term `terrorist offense'
means--
``(1) a Federal felony offense that is--
``(A) a Federal crime of terrorism as defined in section
2332b(g) except to the extent such crime is an offense under
section 1363; or
``(B) an offense under this chapter, section 175, 175b,
229, or 831, or section 236 of the Atomic Energy Act of 1954;
or
``(2) a Federal offense that is an attempt or conspiracy to
commit an offense described in paragraph (1).''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 113B of title 18, United States Code, is
amended by adding at the end the following new item:
``2339E. Terrorist offenses resulting in death.''.
SEC. 212. DENIAL OF FEDERAL BENEFITS TO TERRORISTS.
(a) In General.--Chapter 113B of title 18, United States
Code, as amended by section 211 of this subtitle, is further
amended by adding at the end the following:
``Sec. 2339F. Denial of Federal benefits to terrorists
``(a) An individual or corporation who is convicted of a
terrorist offense (as defined in section 2339E) shall, as
provided by the court on motion of the Government, be
ineligible for any or all Federal benefits for any term of
years or for life.
``(b) As used in this section, the term `Federal benefit'
has the meaning given that term in section 421(d) of the
Controlled Substances Act, and also includes any assistance
or benefit described in section 115(a) of the Personal
Responsibility and Work Opportunity Reconciliation Act of
1996, with the same limitations and to the same extent as
provided in section 115 of that Act with respect to denials
of benefits and assistance to which that section applies.''.
(b) Clerical Amendment.--The table of sections at the
beginning of the chapter 113B of title 18, United States
Code, as amended by section 211 of this subtitle, is further
amended by adding at the end the following new item:
``2339E. Denial of federal benefits to terrorists.''.
SEC. 213. DEATH PENALTY PROCEDURES FOR CERTAIN AIR PIRACY
CASES OCCURRING BEFORE ENACTMENT OF THE FEDERAL
DEATH PENALTY ACT OF 1994.
Section 60003 of the Violent Crime Control and Law
Enforcement Act of 1994, (Public Law 103-322), is amended, as
of the time of its enactment, by adding at the end the
following:
``(c) Death Penalty Procedures for Certain Previous
Aircraft Piracy Violations.--An individual convicted of
violating section 46502 of title 49, United States Code, or
its predecessor, may be sentenced to death in accordance with
the procedures established in chapter 228 of title 18, United
States Code, if for any offense committed before the
enactment of the Violent Crime Control and Law Enforcement
Act of 1994 (Public Law 103-322), but after the enactment of
the Antihijacking Act of 1974 (Public Law 93-366), it is
determined by the finder of fact, before consideration of the
factors set forth in sections 3591(a)(2) and 3592(a) and (c)
of title 18, United States Code, that one or more of the
factors set forth in former section 46503(c)(2) of title 49,
United States Code, or its predecessor, has been proven by
the Government to exist, beyond a reasonable doubt, and that
none of the factors set forth in former section 46503(c)(1)
of title 49, United States Code, or its predecessor, has been
proven by the defendant to exist, by a preponderance of the
information. The meaning of the term `especially heinous,
cruel, or depraved', as used in the factor set forth in
former section 46503(c)(2)(B)(iv) of title 49, United States
Code, or its predecessor, shall be narrowed by adding the
limiting language `in that it involved torture or serious
physical abuse to the victim', and shall be construed as when
that term is used in section 3592(c)(6) of title 18, United
States Code.''.
SEC. 214. ENSURING DEATH PENALTY FOR TERRORIST OFFENSES WHICH
CREATE GRAVE RISK OF DEATH.
(a) Addition of Terrorism to Death Penalty Offenses not
Resulting in Death.--Section 3591(a)(1) of title 18, United
States Code, is amended by inserting ``, section 2339E,''
after ``section 794''.
[[Page S9575]]
(b) Modification of Aggravating Factors for Terrorism
Offenses.--Section 3592(b) of title 18, United States Code,
is amended--
(1) in the heading, by inserting ``, terrorism,'' after
``espionage''; and
(2) by inserting immediately after paragraph (3) the
following:
``(4) Substantial planning.--The defendant committed the
offense after substantial planning.''.
SEC. 215. POSTRELEASE SUPERVISION OF TERRORISTS.
Section 3583(j) of title 18, United States Code, is amended
in subsection (j), by striking ``, the commission'' and all
that follows through ``person,'' .
Subtitle B--Prevention of Terrorist Access to Destructive Weapons Act
SEC. 221. DEATH PENALTY FOR CERTAIN TERROR RELATED CRIMES.
(a) Participation in Nuclear and Weapons of Mass
Destruction Threats to the United States.--Section 832(c) of
title 18, United States Code, is amended by inserting
``punished by death or'' after ``shall be''.
(b) Missile Systems to Destroy Aircraft.--Section
2332g(c)(3) of title 18, United States Code, is amended by
inserting ``punished by death or'' after ``shall be''.
(c) Atomic Weapons.--Section 222b.of the Atomic Energy Act
of 1954 (42 U.S.C. 2272) is amended by inserting ``death or''
before ``imprisonment for life''.
(d) Radiological Dispersal Devices.--Section 2332h(c)(3) of
title 18, United States Code, is amended by inserting ``death
or'' before ``imprisonment for life''.
(e) Variola Virus.--Section 175c(c)(3) of title 18, United
States Code, is amended by inserting ``death or'' before
``imprisonment for life''.
Subtitle C--Federal Death Penalty Procedures
SEC. 231. MODIFICATION OF DEATH PENALTY PROVISIONS.
(a) Elimination of Procedures Applicable Only to Certain
Controlled Substances Act Cases.--Section 408 of the
Controlled Substances Act (21 U.S.C. 848) is amended--
(1) in subsection (e)(2), by striking ``(1)(b)'' and
inserting (1)(B);
(2) by striking subsection (g) and all that follows through
subsection (p);
(3) by striking subsection (r); and
(4) in subsection (q), by striking paragraphs (1) through
(3).
(b) Modification of Mitigating Factors.--Section 3592(a)(4)
of title 18, United States Code, is amended--
(1) by striking ``Another'' and inserting ``The Government
could have, but has not, sought the death penalty against
another''; and
(2) by striking ``, will not be punished by death''.
(c) Modification of Aggravating Factors for Offenses
Resulting in Death.--Section 3592(c) of title 18, United
States Code, is amended--
(1) in paragraph (7), by inserting ``or by creating the
expectation of payment,'' after ``or promise of payment,'';
(2) in paragraph (1), by inserting ``section 2339E
(terrorist offenses resulting in death),'' after
``destruction),'';
(3) by inserting immediately after paragraph (16) the
following:
``(17) Obstruction of justice.--The defendant engaged in
any conduct resulting in the death of another person in order
to obstruct investigation or prosecution of any offense.''.
(d) Additional Ground for Impaneling New Jury.--Section
3593(b)(2) of title 18, United States Code, is amended--
(1) by striking ``or'' at the end of subparagraph (C);
(2) by inserting after subparagraph (D) the following:
``(E) a new penalty hearing is necessary due to the
inability of the jury to reach a unanimous penalty verdict as
required by section 3593(e); or''.
(e) Juries of Less Than 12 Members.--Subsection (b) of
section 3593 of title 18, United States Code, is amended by
striking ``unless'' and all that follows through the end of
the subsection and inserting ``unless the court finds good
cause, or the parties stipulate, with the approval of the
court, a lesser number.''.
(f) Impaneling of New Jury When Unanimous Recommendation
Cannot Be Reached.--Section 3594 of title 18, United States
Code, is amended by inserting after the first sentence the
following: ``If the jury is unable to reach any unanimous
recommendation under section 3593(e), the court, upon motion
by the Government, may impanel a jury under section
3593(b)(2)(E) for a new sentencing hearing.''.
(g) Peremptory Challenges.--Rule 24(c) of the Federal Rules
of Criminal Procedure is amended--
(1) in paragraph (1), by striking ``6'' and inserting
``9''; and
(2) in paragraph (4), by adding at the end the following:
``(C) Seven, eight or nine alternates.--Four additional
peremptory challenges are permitted when seven, eight, or
nine alternates are impaneled.''.
TITLE III--REDUCING CRIME AND TERRORISM AT AMERICA'S SEAPORTS
SEC. 301. SHORT TITLE.
This title may be cited as the ``Reducing Crime and
Terrorism at America's Seaports Act of 2005''.
SEC. 302. ENTRY BY FALSE PRETENSES TO ANY SEAPORT.
(a) In General.--Section 1036 of title 18, United States
Code, is amended--
(1) in subsection (a)--
(A) in paragraph (2), by striking ``or'' at the end;
(B) by redesignating paragraph (3) as paragraph (4); and
(C) by inserting after paragraph (2) the following:
``(3) any secure or restricted area of any seaport,
designated as secure in an approved security plan, as
required under section 70103 of title 46, United States Code,
and the rules and regulations promulgated under that section;
or'';
(2) in subsection (b)(1), by striking ``5 years'' and
inserting ``10 years'';
(3) in subsection (c)(1), by inserting ``, captain of the
seaport,'' after ``airport authority''; and
(4) by striking the section heading and inserting the
following:
``Sec. 1036. Entry by false pretenses to any real property,
vessel, or aircraft of the United States or secure area of
any airport or seaport''.
(b) Technical and Conforming Amendment.--The table of
sections for chapter 47 of title 18 is amended by striking
the matter relating to section 1036 and inserting the
following:
``1036. Entry by false pretenses to any real property, vessel, or
aircraft of the United States or secure area of any
airport or seaport.''.
(c) Definition of Seaport.--Chapter 1 of title 18, United
States Code, is amended by adding at the end the following:
``Sec. 26. Definition of seaport
``As used in this title, the term `seaport' means all
piers, wharves, docks, and similar structures, adjacent to
any waters subject to the jurisdiction of the United States,
to which a vessel may be secured, including areas of land,
water, or land and water under and in immediate proximity to
such structures, buildings on or contiguous to such
structures, and the equipment and materials on such
structures or in such buildings.''.
(d) Technical and Conforming Amendment.--The table of
sections for chapter 1 of title 18 is amended by inserting
after the matter relating to section 25 the following:
``26. Definition of seaport.''.
SEC. 303. CRIMINAL SANCTIONS FOR FAILURE TO HEAVE TO,
OBSTRUCTION OF BOARDING, OR PROVIDING FALSE
INFORMATION.
(a) Offense.--Chapter 109 of title 18, United States Code,
is amended by adding at the end the following:
``Sec. 2237. Criminal sanctions for failure to heave to,
obstruction of boarding, or providing false information
``(a)(1) It shall be unlawful for the master, operator, or
person in charge of a vessel of the United States, or a
vessel subject to the jurisdiction of the United States, to
knowingly fail to obey an order by an authorized Federal law
enforcement officer to heave to that vessel.
``(2) It shall be unlawful for any person on board a vessel
of the United States, or a vessel subject to the jurisdiction
of the United States, to--
``(A) forcibly resist, oppose, prevent, impede, intimidate,
or interfere with a boarding or other law enforcement action
authorized by any Federal law or to resist a lawful arrest;
or
``(B) intentionally provide materially false information to
a Federal law enforcement officer during a boarding of a
vessel regarding the vessel's destination, origin, ownership,
registration, nationality, cargo, or crew.
``(b) Whoever violates this section shall be fined under
this title or imprisoned for not more than 5 years, or both.
``(c) This section does not limit the authority of a
customs officer under section 581 of the Tariff Act of 1930
(19 U.S.C. 1581), or any other provision of law enforced or
administered by the Secretary of the Treasury or the
Secretary of Homeland Security, or the authority of any
Federal law enforcement officer under any law of the United
States, to order a vessel to stop or heave to.
``(d) A foreign nation may consent or waive objection to
the enforcement of United States law by the United States
under this section by radio, telephone, or similar oral or
electronic means. Consent or waiver may be proven by
certification of the Secretary of State or the designee of
the Secretary of State.
``(e) In this section--
``(1) the term `Federal law enforcement officer' has the
meaning given the term in section 115(c);
``(2) the term `heave to' means to cause a vessel to slow,
come to a stop, or adjust its course or speed to account for
the weather conditions and sea state to facilitate a law
enforcement boarding;
``(3) the term `vessel subject to the jurisdiction of the
United States' has the meaning given the term in section 2 of
the Maritime Drug Law Enforcement Act (46 U.S.C. App. 1903);
and
``(4) the term `vessel of the United States' has the
meaning given the term in section 2 of the Maritime Drug Law
Enforcement Act (46 U.S.C. App. 1903).''.
(b) Conforming Amendment.--The table of sections for
chapter 109, title 18, United States Code, is amended by
inserting after the item for section 2236 the following:
``2237. Criminal sanctions for failure to heave to, obstruction of
boarding, or providing false information.''.
[[Page S9576]]
SEC. 304. USE OF A DANGEROUS WEAPON OR EXPLOSIVE ON A
PASSENGER VESSEL.
Section 1993 of title 18, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting ``, passenger vessel,''
after ``transportation vehicle'';
(B) in paragraphs (2)--
(i) by inserting ``, passenger vessel,'' after
``transportation vehicle''; and
(ii) by inserting ``or owner of the passenger vessel''
after ``transportation provider'' each place that term
appears;
(C) in paragraph (3)--
(i) by inserting ``, passenger vessel,'' after
``transportation vehicle'' each place that term appears; and
(ii) by inserting ``or owner of the passenger vessel''
after ``transportation provider'' each place that term
appears;
(D) in paragraph (5)--
(i) by inserting ``, passenger vessel,'' after
``transportation vehicle''; and
(ii) by inserting ``or owner of the passenger vessel''
after ``transportation provider''; and
(E) in paragraph (6), by inserting ``or owner of a
passenger vessel'' after ``transportation provider'' each
place that term appears;
(2) in subsection (b)(1), by inserting ``, passenger
vessel,'' after ``transportation vehicle''; and
(3) in subsection (c)--
(A) by redesignating paragraph (6) through (8) as
paragraphs (7) through (9); and
(B) by inserting after paragraph (5) the following:
``(6) the term `passenger vessel' has the meaning given
that term in section 2101(22) of title 46, United States
Code, and includes a small passenger vessel, as that term is
defined under section 2101(35) of that title.''.
SEC. 305. CRIMINAL SANCTIONS FOR VIOLENCE AGAINST MARITIME
NAVIGATION, PLACEMENT OF DESTRUCTIVE DEVICES.
(a) Placement of Destructive Devices.--Chapter 111 of title
18, United States Code, as amended by subsection (a), is
further amended by adding at the end the following:
``Sec. 2282A. Devices or dangerous substances in waters of
the United States likely to destroy or damage Ships or to
interfere with maritime commerce
``(a) A person who knowingly places, or causes to be
placed, in navigable waters of the United States, by any
means, a device or dangerous substance which is likely to
destroy or cause damage to a vessel or its cargo, cause
interference with the safe navigation of vessels, or
interference with maritime commerce (such as by damaging or
destroying marine terminals, facilities, or any other marine
structure or entity used in maritime commerce) with the
intent of causing such destruction or damage, interference
with the safe navigation of vessels, or interference with
maritime commerce shall be fined under this title or
imprisoned for any term of years, or for life; or both.
``(b) A person who causes the death of any person by
engaging in conduct prohibited under subsection (a) may be
punished by death.
``(c) Nothing in this section shall be construed to apply
to otherwise lawfully authorized and conducted activities of
the United States Government.
``(d) In this section:
``(1) The term `dangerous substance' means any solid,
liquid, or gaseous material that has the capacity to cause
damage to a vessel or its cargo, or cause interference with
the safe navigation of a vessel.
``(2) The term `device' means any object that, because of
its physical, mechanical, structural, or chemical properties,
has the capacity to cause damage to a vessel or its cargo, or
cause interference with the safe navigation of a vessel.''.
(2) Conforming amendment.--The table of sections for
chapter 111 of title 18, United States Code, as amended by
subsection (b), is further amended by adding after the item
related to section 2282 the following:
``2282A. Devices or dangerous substances in waters of the United States
likely to destroy or damage ships or to interfere with
maritime commerce.''.
(b) Violence Against Maritime Navigation.--
(1) In general.--Chapter 111 of title 18, United States
Code as amended by subsections (a) and (c), is further
amended by adding at the end the following:
``Sec. 2282B. Violence against aids to maritime navigation
``Whoever intentionally destroys, seriously damages,
alters, moves, or tampers with any aid to maritime navigation
maintained by the Saint Lawrence Seaway Development
Corporation under the authority of section 4 of the Act of
May 13, 1954 (33 U.S.C. 984), by the Coast Guard pursuant to
section 81 of title 14, United States Code, or lawfully
maintained under authority granted by the Coast Guard
pursuant to section 83 of title 14, United States Code, if
such act endangers or is likely to endanger the safe
navigation of a ship, shall be fined under this title or
imprisoned for not more than 20 years.''.
(2) Conforming amendment.--The table of sections for
chapter 111 of title 18, United States Code, as amended by
subsections (b) and (d) is further amended by adding after
the item related to section 2282A the following:
``2282B. Violence against aids to maritime navigation.''.
SEC. 306. TRANSPORTATION OF DANGEROUS MATERIALS AND
TERRORISTS.
(a) Transportation of Dangerous Materials and Terrorists.--
Chapter 111 of title 18, as amended by section 305, is
further amended by adding at the end the following:
``Sec. 2283. Transportation of explosive, biological,
chemical, or radioactive or nuclear materials
``(a) In General.--Whoever knowingly transports aboard any
vessel within the United States and on waters subject to the
jurisdiction of the United States or any vessel outside the
United States and on the high seas or having United States
nationality an explosive or incendiary device, biological
agent, chemical weapon, or radioactive or nuclear material,
knowing or having reason to believe that any such item is
intended to be used to commit an offense listed under section
2332b(g)(5)(B), shall be fined under this title or imprisoned
for any term of years or for life, or both.
``(b) Death Penalty.--If the death of any individual
results from an offense under subsection (a) the offender may
be punished by death.
``(c) Definitions.--In this section:
``(1) Biological agent.--The term `biological agent' means
any biological agent, toxin, or vector (as those terms are
defined in section 178).
``(2) By-product material.--The term `by-product material'
has the meaning given that term in section 11(e) of the
Atomic Energy Act of 1954 (42 U.S.C. 2014(e)).
``(3) Chemical weapon.--The term `chemical weapon' has the
meaning given that term in section 229F(1).
``(4) Explosive or incendiary device.--The term `explosive
or incendiary device' has the meaning given the term in
section 232(5) and includes explosive materials, as that term
is defined in section 841(c) and explosive as defined in
section 844(j).
``(5) Nuclear material.--The term `nuclear material' has
the meaning given that term in section 831(f)(1).
``(6) Radioactive material.--The term `radioactive
material' means--
``(A) source material and special nuclear material, but
does not include natural or depleted uranium;
``(B) nuclear by-product material;
``(C) material made radioactive by bombardment in an
accelerator; or
``(D) all refined isotopes of radium.
``(8) Source material.--The term `source material' has the
meaning given that term in section 11(z) of the Atomic Energy
Act of 1954 (42 U.S.C. 2014(z)).
``(9) Special nuclear material.--The term `special nuclear
material' has the meaning given that term in section 11(aa)
of the Atomic Energy Act of 1954 (42 U.S.C. 2014(aa)).
``Sec. 2284. Transportation of terrorists
``(a) In General.--Whoever knowingly transports any
terrorist aboard any vessel within the United States and on
waters subject to the jurisdiction of the United States or
any vessel outside the United States and on the high seas or
having United States nationality, knowing or having reason to
believe that the transported person is a terrorist, shall be
fined under this title or imprisoned for any term of years or
for life, or both.
``(b) Defined Term.--In this section, the term `terrorist'
means any person who intends to commit, or is avoiding
apprehension after having committed, an offense listed under
section 2332b(g)(5)(B).''.
(b) Conforming Amendment.--The table of sections for
chapter 111 of title 18, United States Code, as amended by
section 305, is further amended by adding at the end the
following:
``2283. Transportation of explosive, chemical, biological, or
radioactive or nuclear materials.
``2284. Transportation of terrorists.''.
SEC. 307. DESTRUCTION OF, OR INTERFERENCE WITH, VESSELS OR
MARITIME FACILITIES.
(a) In General.--Title 18, United States Code, is amended
by inserting after chapter 111 the following:
``CHAPTER 111A--DESTRUCTION OF, OR INTERFERENCE WITH, VESSELS OR
MARITIME FACILITIES
``Sec.
``2290. Jurisdiction and scope.
``2291. Destruction of vessel or maritime facility.
``2292. Imparting or conveying false information.
``Sec. 2290. Jurisdiction and scope
``(a) Jurisdiction.--There is jurisdiction, including
extraterritorial jurisdiction, over an offense under this
chapter if the prohibited activity takes place--
``(1) within the United States and within waters subject to
the jurisdiction of the United States; or
``(2) outside United States and--
``(A) an offender or a victim is a national of the United
States (as that term is defined under section 101(a)(22) of
the Immigration and Nationality Act (8 U.S.C. 1101(a)(22));
or
``(B) the activity involves a vessel of the United States
(as that term is defined under section 2 of the Maritime Drug
Law Enforcement Act (46 U.S.C. App. 1903).
``(b) Scope.--Nothing in this chapter shall apply to
otherwise lawful activities carried out by or at the
direction of the United States Government.
[[Page S9577]]
``Sec. 2291. Destruction of vessel or maritime facility
``(a) Offense.--Whoever intentionally--
``(1) sets fire to, damages, destroys, disables, or wrecks
any vessel;
``(2) places or causes to be placed a destructive device,
as defined in section 921(a)(4), destructive substance, as
defined in section 31(a)(3), or an explosive, as defined in
section 844(j) in, upon, or near, or otherwise makes or
causes to be made unworkable or unusable or hazardous to work
or use, any vessel, or any part or other materials used or
intended to be used in connection with the operation of a
vessel;
``(3) sets fire to, damages, destroys, or disables or
places a destructive device or substance in, upon, or near,
any maritime facility, including any aid to navigation, lock,
canal, or vessel traffic service facility or equipment;
``(4) interferes by force or violence with the operation of
any maritime facility, including any aid to navigation, lock,
canal, or vessel traffic service facility or equipment, if
such action is likely to endanger the safety of any vessel in
navigation;
``(5) sets fire to, damages, destroys, or disables or
places a destructive device or substance in, upon, or near,
any appliance, structure, property, machine, or apparatus, or
any facility or other material used, or intended to be used,
in connection with the operation, maintenance, loading,
unloading, or storage of any vessel or any passenger or cargo
carried or intended to be carried on any vessel;
``(6) performs an act of violence against or incapacitates
any individual on any vessel, if such act of violence or
incapacitation is likely to endanger the safety of the vessel
or those on board;
``(7) performs an act of violence against a person that
causes or is likely to cause serious bodily injury, as
defined in section 1365(h)(3), in, upon, or near, any
appliance, structure, property, machine, or apparatus, or any
facility or other material used, or intended to be used, in
connection with the operation, maintenance, loading,
unloading, or storage of any vessel or any passenger or cargo
carried or intended to be carried on any vessel;
``(8) communicates information, knowing the information to
be false and under circumstances in which such information
may reasonably be believed, thereby endangering the safety of
any vessel in navigation; or
``(9) attempts or conspires to do anything prohibited under
paragraphs (1) through (8),
shall be fined under this title or imprisoned not more than
30 years, or both.
``(b) Limitation.--Subsection (a) shall not apply to any
person that is engaging in otherwise lawful activity, such as
normal repair and salvage activities, and the transportation
of hazardous materials regulated and allowed to be
transported under chapter 51 of title 49.
``(c) Penalty.--Whoever is fined or imprisoned under
subsection (a) as a result of an act involving a vessel that,
at the time of the violation, carried high-level radioactive
waste (as that term is defined in section 2(12) of the
Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101(12)) or
spent nuclear fuel (as that term is defined in section 2(23)
of the Nuclear Waste Policy Act of 1982 (42 U.S.C.
10101(23)), shall be fined under this title, imprisoned for a
term up to life, or both.
``(d) Death Penalty.--If the death of any individual
results from an offense under subsection (a) the offender
shall be punished by death or imprisonment for any term or
years or for life.
``(e) Threats.--Whoever knowingly imparts or conveys any
threat to do an act which would violate this chapter, with an
apparent determination and will to carry the threat into
execution, shall be fined under this title or imprisoned not
more than 5 years, or both, and is liable for all costs
incurred as a result of such threat.
``Sec. 2292. Imparting or conveying false information
``(a) In General.--Whoever imparts or conveys or causes to
be imparted or conveyed false information, knowing the
information to be false, concerning an attempt or alleged
attempt being made or to be made, to do any act that would be
a crime prohibited by this chapter or by chapter 111 of this
title, shall be subject to a civil penalty of not more than
$5,000, which shall be recoverable in a civil action brought
in the name of the United States.
``(b) Malicious Conduct.--Whoever knowingly, or with
reckless disregard for the safety of human life, imparts or
conveys or causes to be imparted or conveyed false
information, knowing the information to be false, concerning
an attempt or alleged attempt to do any act which would be a
crime prohibited by this chapter or by chapter 111 of this
title, shall be fined under this title or imprisoned not more
than 5 years.''.
(c) Conforming Amendment.--The table of chapters at the
beginning of title 18, United States Code, is amended by
inserting after the item for chapter 111 the following:
``111A. Destruction of, or interference with, vessels or maritime
facilities..................................................2290''.
SEC. 308. THEFT OF INTERSTATE OR FOREIGN SHIPMENTS OR
VESSELS.
(a) Theft of Interstate or Foreign Shipments.--Section 659
of title 18, United States Code, is amended--
(1) in the first undesignated paragraph--
(A) by inserting ``trailer,'' after ``motortruck,'';
(B) by inserting ``air cargo container,'' after
``aircraft,''; and
(C) by inserting ``, or from any intermodal container,
trailer, container freight station, warehouse, or freight
consolidation facility,'' after ``air navigation facility'';
(2) in the fifth undesignated paragraph, by striking ``in
each case'' and all that follows through ``or both'' the
second place it appears and inserting ``be fined under this
title or imprisoned not more than 15 years, or both, but if
the amount or value of such money, baggage, goods, or
chattels is less than $1,000, shall be fined under this title
or imprisoned for not more than 5 years, or both''; and
(3) by inserting after the first sentence in the eighth
undesignated paragraph the following: ``For purposes of this
section, goods and chattel shall be construed to be moving as
an interstate or foreign shipment at all points between the
point of origin and the final destination (as evidenced by
the waybill or other shipping document of the shipment),
regardless of any temporary stop while awaiting transshipment
or otherwise.''.
(b) Stolen Vessels.--
(1) In general.--Section 2311 of title 18, United States
Code, is amended by adding at the end the following:
`` `Vessel' means any watercraft or other contrivance used or
designed for transportation or navigation on, under, or
immediately above, water.''.
(2) Transportation and sale of stolen vessels.--
(A) Transportation.--Section 2312 of title 18, United
States Code, is amended--
(i) by striking ``motor vehicle or aircraft'' and inserting
``motor vehicle, vessel, or aircraft''; and
(ii) by striking ``10 years'' and inserting ``15 years''.
(B) Sale.--Section 2313(a) of title 18, United States Code,
is amended--
(i) by striking ``motor vehicle or aircraft'' and inserting
``motor vehicle, vessel, or aircraft''; and
(ii) by striking ``10 years'' and inserting ``15 years''.
(c) Review of Sentencing Guidelines.--Pursuant to section
994 of title 28, United States Code, the United States
Sentencing Commission shall review the Federal Sentencing
Guidelines to determine whether sentencing enhancement is
appropriate for any offense under section 659 or 2311 of
title 18, United States Code, as amended by this title.
(d) Annual Report of Law Enforcement Activities.--The
Attorney General shall annually submit to Congress a report,
which shall include an evaluation of law enforcement
activities relating to the investigation and prosecution of
offenses under section 659 of title 18, United States Code,
as amended by this title.
(e) Reporting of Cargo Theft.--The Attorney General shall
take the steps necessary to ensure that reports of cargo
theft collected by Federal, State, and local officials are
reflected as a separate category in the Uniform Crime
Reporting System, or any successor system, by no later than
December 31, 2006.
SEC. 309. INCREASED PENALTIES FOR NONCOMPLIANCE WITH MANIFEST
REQUIREMENTS.
(a) Reporting, Entry, Clearance Requirements.--Section
436(b) of the Tariff Act of 1930 (19 U.S.C. 1436(b)) is
amended by--
(1) striking ``or aircraft pilot'' and inserting ``aircraft
pilot, operator, owner of such vessel, vehicle or aircraft,
or any other responsible party (including non-vessel
operating common carriers)'';
(2) striking ``$5,000'' and inserting ``$10,000''; and
(3) striking ``$10,000'' and inserting ``$25,000''.
(b) Criminal Penalty.--Section 436(c) of the Tariff Act of
1930 (19 U.S.C. 1436(c)) is amended--
(1) by striking ``or aircraft pilot'' and inserting
``aircraft pilot, operator, owner of such vessel, vehicle, or
aircraft, or any other responsible party (including non-
vessel operating common carriers)''; and
(2) by striking ``$2,000'' and inserting ``$10,000''.
(c) Falsity or Lack of Manifest.--Section 584(a)(1) of the
Tariff Act of 1930 (19 U.S.C. 1584(a)(1)) is amended by
striking ``$1,000'' in each place it occurs and inserting
``$10,000''.
SEC. 310. STOWAWAYS ON VESSELS OR AIRCRAFT.
Section 2199 of title 18, United States Code, is amended by
striking ``Shall be fined under this title or imprisoned not
more than one year, or both.'' and inserting the following:
``(1) shall be fined under this title, imprisoned not more
than 5 years, or both;
``(2) if the person commits an act proscribed by this
section, with the intent to commit serious bodily injury, and
serious bodily injury occurs (as defined under section 1365,
including any conduct that, if the conduct occurred in the
special maritime and territorial jurisdiction of the United
States, would violate section 2241 or 2242) to any person
other than a participant as a result of a violation of this
section, shall be fined under this title or imprisoned not
more than 20 years, or both; and
``(3) if death results from an offense under this section,
shall be subject to the death penalty or to imprisonment for
any term or years or for life.''.
SEC. 311. BRIBERY AFFECTING PORT SECURITY.
(a) In General.--Chapter 11 of title 18, United States
Code, is amended by adding at the end the following:
[[Page S9578]]
``Sec. 226. Bribery affecting port security
``(a) In General.--Whoever knowingly--
``(1) directly or indirectly, corruptly gives, offers, or
promises anything of value to any public or private person,
with intent to commit international terrorism or domestic
terrorism (as those terms are defined under section 2331),
to--
``(A) influence any action or any person to commit or aid
in committing, or collude in, or allow, any fraud, or make
opportunity for the commission of any fraud affecting any
secure or restricted area or seaport; or
``(B) induce any official or person to do or omit to do any
act in violation of the lawful duty of such official or
person that affects any secure or restricted area or seaport;
or
``(2) directly or indirectly, corruptly demands, seeks,
receives, accepts, or agrees to receive or accept anything of
value personally or for any other person or entity in return
for--
``(A) being influenced in the performance of any official
act affecting any secure or restricted area or seaport; and
``(B) knowing that such influence will be used to commit,
or plan to commit, international or domestic terrorism,
shall be fined under this title or imprisoned not more than
20 years, or both.
``(b) Definition.--In this section, the term `secure or
restricted area' means an area of a vessel or facility
designated as secure in an approved security plan, as
required under section 70103 of title 46, United States Code,
and the rules and regulations promulgated under that
section.''.
(b) Conforming Amendment.--The table of sections for
chapter 11 of title 18, United States Code, is amended by
adding at the end the following:
``226. Bribery affecting port security.''.
SEC. 312. PENALTIES FOR SMUGGLING GOODS INTO THE UNITED
STATES.
The third undesignated paragraph of section 545 of title
18, United States Code, is amended by striking ``5 years''
and inserting ``20 years''.
SEC. 313. SMUGGLING GOODS FROM THE UNITED STATES.
(a) In General.--Chapter 27 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 554. Smuggling goods from the United States
``(a) In General.--Whoever fraudulently or knowingly
exports or sends from the United States, or attempts to
export or send from the United States, any merchandise,
article, or object contrary to any law or regulation of the
United States, or receives, conceals, buys, sells, or in any
manner facilitates the transportation, concealment, or sale
of such merchandise, article or object, prior to exportation,
knowing the same to be intended for exportation contrary to
any law or regulation of the United States, shall be fined
under this title, imprisoned not more than 10 years, or both.
``(b) Definition.--In this section, the term `United
States' has the meaning given that term in section 545.''.
(b) Conforming Amendment.--The chapter analysis for chapter
27 of title 18, United States Code, is amended by adding at
the end the following:
``554. Smuggling goods from the United States.''.
(c) Specified Unlawful Activity.--Section 1956(c)(7)(D) of
title 18, United States Code, is amended by inserting
``section 554 (relating to smuggling goods from the United
States),'' before ``section 641 (relating to public money,
property, or records),''.
(d) Tariff Act of 1990.--Section 596 of the Tariff Act of
1930 (19 U.S.C. 1595a) is amended by adding at the end the
following:
``(d) Merchandise exported or sent from the United States
or attempted to be exported or sent from the United States
contrary to law, or the proceeds or value thereof, and
property used to facilitate the receipt, purchase,
transportation, concealment, or sale of such merchandise
prior to exportation shall be forfeited to the United
States.''.
(e) Removing Goods From Customs Custody.--Section 549 of
title 18, United States Code, is amended in the 5th paragraph
by striking ``two years'' and inserting ``10 years''.
TITLE IV--COMBATING TERRORISM FINANCING
SEC. 401. SHORT TITLE.
This title may be cited as the ``Combating Terrorism
Financing Act of 2005''.
SEC. 402. INCREASED PENALTIES FOR TERRORISM FINANCING.
Section 206 of the International Emergency Economic Powers
Act (50 U.S.C. 1705) is amended--
(1) in subsection (a), by deleting ``$10,000'' and
inserting ``$50,000''.
(2) in subsection (b), by deleting ``ten years'' and
inserting ``twenty years''.
SEC. 403. TERRORISM-RELATED SPECIFIED ACTIVITIES FOR MONEY
LAUNDERING.
(a) Amendments to RICO.--Section 1961(1) of title 18,
United States Code, is amended--
(1) in subparagraph (B), by inserting ``section 1960
(relating to illegal money transmitters),'' before ``sections
2251''; and
(2) in subparagraph (F), by inserting ``section 274A
(relating to unlawful employment of aliens),'' before
``section 277''.
(b) Amendments to Section 1956(c)(7).--Section
1956(c)(7)(D) of title 18, United States Code, is amended
by--
(1) inserting ``, or section 2339C (relating to financing
of terrorism)'' before ``of this title''; and
(2) striking ``or any felony violation of the Foreign
Corrupt Practices Act'' and inserting ``any felony violation
of the Foreign Corrupt Practices Act, or any violation of
section 208 of the Social Security Act (relating to obtaining
funds through misuse of a social security number)''.
(c) Conforming Amendments to Sections 1956(e) and
1957(e).--
(1) Section 1956(e) of title 18, United States Code, is
amended to read as follows:
``(e) Violations of this section may be investigated by
such components of the Department of Justice as the Attorney
General may direct, and by such components of the Department
of the Treasury as the Secretary of the Treasury may direct,
as appropriate, and, with respect to offenses over which the
Department of Homeland Security has jurisdiction, by such
components of the Department of Homeland Security as the
Secretary of Homeland Security may direct, and, with respect
to offenses over which the United States Postal Service has
jurisdiction, by the Postal Service. Such authority of the
Secretary of the Treasury, the Secretary of Homeland
Security, and the Postal Service shall be exercised in
accordance with an agreement which shall be entered into by
the Secretary of the Treasury, the Secretary of Homeland
Security, the Postal Service, and the Attorney General.
Violations of this section involving offenses described in
paragraph (c)(7)(E) may be investigated by such components of
the Department of Justice as the Attorney General may direct,
and the National Enforcement Investigations Center of the
Environmental Protection Agency.''.
(2) Section 1957(e) of title 18, United States Code, is
amended to read as follows:
``(e) Violations of this section may be investigated by
such components of the Department of Justice as the Attorney
General may direct, and by such components of the Department
of the Treasury as the Secretary of the Treasury may direct,
as appropriate, and, with respect to offenses over which the
Department of Homeland Security has jurisdiction, by such
components of the Department of Homeland Security as the
Secretary of Homeland Security may direct, and, with respect
to offenses over which the United States Postal Service has
jurisdiction, by the Postal Service. Such authority of the
Secretary of the Treasury, the Secretary of Homeland
Security, and the Postal Service shall be exercised in
accordance with an agreement which shall be entered into by
the Secretary of the Treasury, the Secretary of Homeland
Security, the Postal Service, and the Attorney General.''.
SEC. 404. ASSETS OF PERSONS COMMITTING TERRORIST ACTS AGAINST
FOREIGN COUNTRIES OR INTERNATIONAL
ORGANIZATIONS.
Section 981(a)(1)(G) of title 18, United States Code, is
amended--
(1) by striking ``or'' at the end of clause (ii);
(2) by striking the period at the end of clause (iii) and
inserting ``; or''; and
(3) by inserting the following after clause (iii):
``(iv) of any individual, entity, or organization engaged
in planning or perpetrating any act of international
terrorism (as defined in section 2331) against any
international organization (as defined in section 209 of the
State Department Basic Authorities Act of 1956 (22 U.S.C.
4309(b)) or against any foreign Government. Where the
property sought for forfeiture is located beyond the
territorial boundaries of the United States, an act in
furtherance of such planning or perpetration must have
occurred within the jurisdiction of the United States.''.
SEC. 405. MONEY LAUNDERING THROUGH HAWALAS.
Section 1956 of title 18, United States Code, is amended by
adding at the end the following:
``(j)(1) For the purposes of subsections (a)(1) and (a)(2),
a transaction, transportation, transmission, or transfer of
funds shall be considered to be one involving the proceeds of
specified unlawful activity, if the transaction,
transportation, transmission, or transfer is part of a set of
parallel or dependent transactions, any one of which involves
the proceeds of specified unlawful activity.
``(2) As used in this section, a `dependent transaction' is
one that completes or complements another transaction or one
that would not have occurred but for another transaction.''.
SEC. 406. TECHNICAL AND CONFORMING AMENDMENTS RELATING TO THE
USA PATRIOT ACT.
(a) Technical Corrections.--
(1) Section 322 of Public Law 107-56 is amended by striking
``title 18'' and inserting ``title 28''.
(2) Section 5332(a)(1) of title 31, United States Code, is
amended by striking ``article of luggage'' and inserting
``article of luggage or mail''.
(3) Section 1956(b)(3) and (4) of title 18, United States
Code, are amended by striking ``described in paragraph (2)''
each time it appears; and
(4) Section 981(k) of title 18, United States Code, is
amended by striking ``foreign bank'' each time it appears and
inserting ``foreign bank or financial institution''.
(b) Codification of Section 316 of the USA PATRIOT Act.--
(1) Chapter 46 of title 18, United States Code, is
amended--
(A) by inserting at the end the following:
``Sec. 987. Anti-terrorist forfeiture protection
``(a) Right to Contest.--An owner of property that is
confiscated under this chapter or
[[Page S9579]]
any other provision of law relating to the confiscation of
assets of suspected international terrorists, may contest
that confiscation by filing a claim in the manner set forth
in the Federal Rules of Civil Procedure (Supplemental Rules
for Certain Admiralty and Maritime Claims), and asserting as
an affirmative defense that--
``(1) the property is not subject to confiscation under
such provision of law; or
``(2) the innocent owner provisions of section 983(d) apply
to the case.
``(b) Evidence.--In considering a claim filed under this
section, a court may admit evidence that is otherwise
inadmissible under the Federal Rules of Evidence, if the
court determines that the evidence is reliable, and that
compliance with the Federal Rules of Evidence may jeopardize
the national security interests of the United States.
``(c) Clarifications.--
``(1) Protection of rights.--The exclusion of certain
provisions of Federal law from the definition of the term
`civil forfeiture statute' in section 983(i) shall not be
construed to deny an owner of property the right to contest
the confiscation of assets of suspected international
terrorists under--
``(A) subsection (a) of this section;
``(B) the Constitution; or
``(C) subchapter II of chapter 5 of title 5, United States
Code (commonly known as the `Administrative Procedure Act').
``(2) Savings clause.--Nothing in this section shall limit
or otherwise affect any other remedies that may be available
to an owner of property under section 983 or any other
provision of law.''; and
(B) in the chapter analysis, by inserting at the end the
following:
``987. Anti-terrorist forfeiture protection.''.
(2) Subsections (a), (b), and (c) of section 316 of Public
Law 107-56 are repealed.
(c) Conforming Amendments Concerning Conspiracies.--
(1) Section 33(a) of title 18, United States Code is
amended by inserting ``or conspires'' before ``to do any of
the aforesaid acts''.
(2) Section 1366(a) of title 18, United States Code, is
amended--
(A) by striking ``attempts'' each time it appears and
inserting ``attempts or conspires''; and
(B) by inserting ``, or if the object of the conspiracy had
been achieved,'' after ``the attempted offense had been
completed''.
SEC. 407. TECHNICAL CORRECTIONS TO FINANCING OF TERRORISM
STATUTE.
Section 2332b(g)(5)(B) of title 18, United States Code, is
amended by inserting ``)'' after ``2339C (relating to
financing of terrorism''.
SEC. 408. CROSS REFERENCE CORRECTION.
Section 5318(n)(4)(A) of title 31, United States Code, is
amended by striking ``National Intelligence Reform Act of
2004'' and inserting ``Intelligence Reform and Terrorism
Prevention Act of 2004''.
SEC. 409. AMENDMENT TO AMENDATORY LANGUAGE.
Section 6604 of the Intelligence Reform and Terrorism
Prevention Act of 2004 is amended (effective on the date of
the enactment of that Act)--
(1) by striking ``Section 2339c(c)(2)'' and inserting
``Section 2339C(c)(2)''; and
(2) by striking ``Section 2339c(e)'' and inserting
``Section 2339C(e)''.
SEC. 410. DESIGNATION OF ADDITIONAL MONEY LAUNDERING
PREDICATE.
Section 1956(c)(7)(D) of title 18, United States Code, is
amended--
(1) by inserting ``, or section 2339D (relating to
receiving military-type training from a foreign terrorist
organization)'' after ``section 2339A or 2339B (relating to
providing material support to terrorists)''; and
(2) by striking ``or'' before ``section 2339A or 2339B''.
The PRESIDING OFFICER appointed Mr. Specter, Mr. Hatch, Mr. Kyl, Mr.
DeWine, Mr. Sessions, Mr. Roberts, Mr. Leahy, Mr. Kennedy, Mr.
Rockefeller, and Mr. Levin conferees on the part of the Senate.
Mr. FRIST. Mr. President, I thank our colleagues on this very
important piece of legislation--both those who have reservations and
those who support this very important act. I talked to the Attorney
General a short while ago, and he expressed his appreciation to this
body.
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