[Congressional Record (Bound Edition), Volume 151 (2005), Part 14]
[Senate]
[Pages 19306-19328]
[From the U.S. 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

[[Page 19307]]

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 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

[[Page 19308]]

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 
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.

[[Page 19309]]

  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 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

[[Page 19310]]

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 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:

                                S. 1389

       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.

[[Page 19311]]

Sec. 313. Smuggling goods from the United States.

                TITLE IV--COMBATING TERRORISM FINANCING

Sec. 401. Short title.
Sec. 402. Increased penalties for terrorism financing.
Sec. 403. Terrorism-related specified activities for money laundering.
Sec. 404. Assets of persons committing terrorist acts against foreign 
              countries or international organizations.
Sec. 405. Money laundering through Hawalas.
Sec. 406. Technical and conforming amendments relating to the USA 
              Patriot Act.
Sec. 407. Technical corrections to financing of terrorism statute.
Sec. 408. Cross reference correction.
Sec. 409. Amendment to amendatory language.
Sec. 410. Designation of additional money laundering predicate.

   TITLE I--USA PATRIOT AND TERRORISM PREVENTION REAUTHORIZATION ACT

     SEC. 101. REFERENCES TO USA PATRIOT ACT.

       A reference in this Act to the USA PATRIOT ACT shall be 
     deemed a reference to the Uniting and Strengthening America 
     by Providing Appropriate Tools Required to Intercept and 
     Obstruct Terrorism (USA PATRIOT ACT) Act of 2001.

     SEC. 102. USA PATRIOT ACT SUNSET PROVISIONS.

       (a) In General.--Section 224 of the USA PATRIOT ACT is 
     repealed.
       (b) Sections 206 and 215 Sunset.--Effective December 31, 
     2015, the Foreign Intelligence Surveillance Act of 1978 is 
     amended so that sections 501, 502, and 105(c)(2) read as they 
     read on October 25, 2001.

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

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

     SEC. 104. REPEAL OF SUNSET PROVISION RELATING TO SECTION 
                   2332B AND THE MATERIAL SUPPORT SECTIONS OF 
                   TITLE 18, UNITED STATES CODE.

       Section 6603 of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3762) 
     is amended by striking subsection (g).

     SEC. 105. SHARING OF ELECTRONIC, WIRE, AND ORAL INTERCEPTION 
                   INFORMATION UNDER SECTION 203(B) OF THE USA 
                   PATRIOT ACT.

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

     SEC. 106. DURATION OF FISA SURVEILLANCE OF NON-UNITED STATES 
                   PERSONS UNDER SECTION 207 OF THE USA PATRIOT 
                   ACT.

       (a) Electronic Surveillance.--Section 105(e) of the Foreign 
     Intelligence Surveillance Act of 1978 (50 U.S.C. 1805(e)) is 
     amended--
       (1) in paragraph (1)(B), by striking ``, as defined in 
     section 101(b)(1)(A)'' and inserting ``who is not a United 
     States person''; and
       (2) in subsection (2)(B), by striking ``as defined in 
     section 101(b)(1)(A)'' and inserting ``who is not a United 
     States person''.
       (b) Physical Search.--Section 304(d) of such Act (50 U.S.C. 
     1824(d)) is amended--
       (1) in paragraph (1)(B), by striking ``as defined in 
     section 101(b)(1)(A)'' and inserting ``who is not a United 
     States person''; and
       (2) in paragraph (2), by striking ``as defined in section 
     101(b)(1)(A)'' and inserting ``who is not a United States 
     person''.
       (c) Pen Registers, Trap and Trace Devices.--Section 402(e) 
     of such Act (50 U.S.C. 1842(e)) is amended--
       (1) by striking ``(e) An'' and inserting ``(e)(1) Except as 
     provided in paragraph (2), an''; and
       (2) by adding at the end the following new paragraph:
       ``(2) In the case of an application under subsection (c) 
     where the applicant has certified that the information likely 
     to be obtained is foreign intelligence information not 
     concerning a United States person, an order, or an extension 
     of an order, under this section may be for a period not to 
     exceed one year.''.

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

       (a) Establishment of Relevance Standard.--Subsection (b)(2) 
     of section 501 of the Foreign Intelligence Surveillance Act 
     of 1978 (50 U.S.C. 1861) is amended by striking ``to obtain'' 
     and all that follows and inserting ``and that the information 
     likely to be obtained from the tangible things is reasonably 
     expected to be (A) foreign intelligence information not 
     concerning a United States person, or (B) relevant to an 
     ongoing investigation to protect against international 
     terrorism or clandestine intelligence activities.''.
       (b) Clarification of Judicial Discretion.--Subsection 
     (c)(1) of such section is amended to read as follows:
       ``(c)(1) Upon an application made pursuant to this section, 
     if the judge finds that the application meets the 
     requirements of subsections (a) and (b), the judge shall 
     enter an ex parte order as requested, or as modified, 
     approving the release of records.''.
       (c) Authority To Disclose to Attorney.--Subsection (d) of 
     such section is amended to read as follows:
       ``(d)(1) No person shall disclose to any person (other than 
     a qualified person) that the United States has sought or 
     obtained tangible things under this section.
       ``(2) An order under this section shall notify the person 
     to whom the order is directed of the nondisclosure 
     requirement under paragraph (1).
       ``(3) Any person to whom an order is directed under this 
     section who discloses that the United States has sought to 
     obtain tangible things under this section to a qualified 
     person with respect to the order shall inform such qualified 
     person of the nondisclosure requirement under paragraph (1) 
     and that such qualified person is also subject to such 
     nondisclosure requirement.
       ``(4) A qualified person shall be subject to any 
     nondisclosure requirement applicable to a person to whom an 
     order is directed under this section in the same manner as 
     such person.
       ``(5) In this subsection, the term `qualified person' 
     means--
       ``(A) any person necessary to produce the tangible things 
     pursuant to an order under this section; or
       ``(B) an attorney to obtain legal advice with respect to an 
     order under this section.''.
       (d) Judicial Review.--
       (1) Petition review panel.--Section 103 of the Foreign 
     Intelligence Surveillance Act of 1978 (50 U.S.C. 1803) is 
     amended by adding at the end the following new subsection:
       ``(e)(1) Three judges designated under subsection (a) who 
     reside within 20 miles of the District of Columbia, or if all 
     of such judges are unavailable, other judges of the court 
     established under subsection (a) as may be designated by the 
     Presiding Judge of such court (who is designated by the Chief 
     Justice of the United States from among the judges of the 
     court), shall comprise a petition review panel which shall 
     have jurisdiction to review petitions filed pursuant to 
     section 501(f)(1).
       ``(2) Not later than 60 days after the date of the 
     enactment of the USA PATRIOT and Terrorism Prevention 
     Reauthorization Act of 2005, the court established under 
     subsection (a) shall develop and issue procedures for the 
     review of petitions filed pursuant to section 501(f)(1) by 
     the panel established under paragraph (1). Such procedures 
     shall provide that review of a petition shall be conducted ex 
     parte and in camera and shall also provide for the 
     designation of an Acting Presiding Judge.''.
       (2) Proceedings.--Section 501 of the Foreign Intelligence 
     Surveillance Act of 1978 (50 U.S.C. 1861) is further amended 
     by adding at the end the following new subsection:
       ``(f)(1) A person receiving an order to produce any 
     tangible thing under this section may challenge the legality 
     of that order by filing a petition in the panel established 
     by section 103(e)(1). The Presiding Judge shall conduct an 
     initial review of the petition. If the Presiding Judge 
     determines that the petition is frivolous, the Presiding 
     Judge shall immediately deny the petition and promptly 
     provide a written statement of the reasons for the 
     determination for the record. If the Presiding Judge 
     determines that the petition is not frivolous, the Presiding 
     Judge shall immediately assign the petition to one of the 
     judges serving on such panel. The assigned judge shall 
     promptly consider the petition in accordance with procedures 
     developed and issued pursuant to section 103(e)(2). The judge 
     considering the petition may modify or set aside the order 
     only if the judge finds that the order does not meet the 
     requirements of this section or is otherwise unlawful. If the 
     judge does not modify or set aside the order, the judge shall 
     immediately affirm the order and order the recipient to 
     comply therewith. A petition for review of a decision to 
     affirm, modify, or set aside an order by the United States or 
     any person receiving such order shall be to the court of 
     review established under section 103(b), which shall have 
     jurisdiction to consider such petitions. The court of review 
     shall immediately provide for the record a written statement 
     of the reasons for its decision and, on petition of the 
     United States or any person receiving such order for writ of 
     certiorari, the record shall be transmitted under seal to the 
     Supreme Court, which shall have jurisdiction to review such 
     decision.
       ``(2) Judicial proceedings under this subsection shall be 
     concluded as expeditiously as possible. The judge considering 
     a petition filed under this subsection shall provide for the 
     record a written statement of the reasons for the decision. 
     The record of proceedings, including petitions filed, orders 
     granted, and statements of reasons for decision, shall be 
     maintained under security measures established by the Chief 
     Justice of the United States in consultation with the

[[Page 19312]]

     Attorney General and the Director of National Intelligence.
       ``(3) All petitions under this subsection shall be filed 
     under seal, and the court, upon the government's request, 
     shall review any government submission, which may include 
     classified information, as well as the government's 
     application and related materials, ex parte and in camera.''.
       (e) FBI Director Required To Apply for Order of Production 
     of Records From Library or Bookstore.--Section 501(a) of the 
     Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
     1861(a)) is amended--
       (1) in paragraph (1), by striking ``The Director'' and 
     inserting ``Subject to paragraph (3), the Director''; and
       (2) by adding at the end the following new paragraph:
       ``(3) In the case of an application for an order requiring 
     the production of tangible things described in paragraph (1) 
     from a library or bookstore, the Director of the Federal 
     Bureau of Investigation shall not delegate the authority to 
     make such application to a designee.''.

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

       Section 2702 of title 18, United States Code, is amended by 
     adding at the end the following:
       ``(d) Report.--On an annual basis, the Attorney General 
     shall submit to the Committees on the Judiciary of the House 
     and the Senate a report containing--
       ``(1) the number of accounts from which the Department of 
     Justice has received voluntary disclosures under subsection 
     (b)(8); and
       ``(2) a summary of the basis for disclosure in those 
     instances where--
       ``(A) voluntary disclosure under subsection (b)(8) was made 
     to the Department of Justice; and
       ``(B) the investigation pertaining to those disclosures was 
     closed without the filing of criminal charges.''.

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

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

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

       Section 1993(a) of title 18, United States Code, is 
     amended--
       (1) by striking ``or'' at the of paragraph (7);
       (2) by redesignating paragraph (8) as paragraph (9); and
       (3) by inserting after paragraph (7) the following:
       ``(8) surveils, photographs, videotapes, diagrams, or 
     otherwise collects information with the intent to plan or 
     assist in planning any of the acts described in the 
     paragraphs (1) through (7); or''.

     SEC. 111. FORFEITURE.

       Section 981(a)(1)(B)(i) of title 18, United States Code, is 
     amended by inserting ``trafficking in nuclear, chemical, 
     biological, or radiological weapons technology or material, 
     or'' after ``involves''.

     SEC. 112. ADDING OFFENSES TO THE DEFINITION OF FEDERAL CRIME 
                   OF TERRORISM.

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

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

       (a) Paragraph (c) Amendment.--Section 2516(1)(c) of title 
     18, United States Code, is amended--
       (1) by inserting ``section 37 (relating to violence at 
     international airports), section 175b (relating to biological 
     agents or toxins)'' after ``the following sections of this 
     title:'';
       (2) by inserting ``section 832 (relating to nuclear and 
     weapons of mass destruction threats), section 842 (relating 
     to explosive materials), section 930 (relating to possession 
     of weapons in Federal facilities),'' after ``section 751 
     (relating to escape),'';
       (3) by inserting ``section 1114 (relating to officers and 
     employees of the United States), section 1116 (relating to 
     protection of foreign officials), sections 1361-1363 
     (relating to damage to government buildings and 
     communications), section 1366 (relating to destruction of an 
     energy facility), '' after ``section 1014 (relating to loans 
     and credit applications generally; renewals and 
     discounts),'';
       (4) by inserting ``section 1993 (relating to terrorist 
     attacks against mass transportation), sections 2155 and 2156 
     (relating to national-defense utilities), sections 2280 and 
     2281 (relating to violence against maritime navigation),'' 
     after ``section 1344 (relating to bank fraud),''; and
       (5) by inserting ``section 2340A (relating to torture),'' 
     after ``section 2321 (relating to trafficking in certain 
     motor vehicles or motor vehicle parts),''.
       (b) Paragraph (p) Amendment.--Section 2516(1)(p) is amended 
     by inserting ``, section 1028A (relating to aggravated 
     identity theft)'' after ``other documents''.
       (c) Paragraph (q) Amendment.--Section 2516(1)(q) of title 
     18 United States Code is amended--
       (1) by inserting ``2339'' after ``2232h''; and
       (2) by inserting ``2339D'' after ``2339C''.

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

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

     SEC. 115. ATTACKS AGAINST RAILROAD CARRIERS AND MASS 
                   TRANSPORTATION SYSTEMS.

       (a) In General.--Chapter 97 of title 18, United States 
     Code, is amended by striking sections 1992 through 1993 and 
     inserting the following:

     ``Sec. 1992. Terrorist attacks and other violence against 
       railroad carriers and against mass transportation systems 
       on land, on water, or through the air

       ``(a) General Prohibitions.--Whoever, in a circumstance 
     described in subsection (c), knowingly--
       ``(1) wrecks, derails, sets fire to, or disables railroad 
     on-track equipment or a mass transportation vehicle;
       ``(2) with intent to endanger the safety of any person, or 
     with a reckless disregard for the safety of human life, and 
     without the authorization of the railroad carrier or mass 
     transportation provider--
       ``(A) places any biological agent or toxin, destructive 
     substance, or destructive device in, upon, or near railroad 
     on-track equipment or a mass transportation vehicle; or
       ``(B) releases a hazardous material or a biological agent 
     or toxin on or near any property described in subparagraph 
     (A) or (B) of paragraph (3);
       ``(3) sets fire to, undermines, makes unworkable, unusable, 
     or hazardous to work on or use, or places any biological 
     agent or toxin, destructive substance, or destructive device 
     in, upon, or near any--
       ``(A) tunnel, bridge, viaduct, trestle, track, 
     electromagnetic guideway, signal, station, depot, warehouse, 
     terminal, or any other way, structure, property, or 
     appurtenance used in the operation of, or in support of the 
     operation of, a railroad carrier, without the authorization 
     of the railroad carrier, and with intent to, or knowing or 
     having reason to know such activity would likely, derail, 
     disable, or wreck railroad on-track equipment;
       ``(B) garage, terminal, structure, track, electromagnetic 
     guideway, supply, or facility used in the operation of, or in 
     support of the operation of, a mass transportation vehicle, 
     without the authorization of the mass transportation 
     provider, and with intent to, or knowing or having reason to 
     know such activity would likely, derail, disable, or wreck a 
     mass transportation vehicle used, operated, or employed by a 
     mass transportation provider; or
       ``(4) removes an appurtenance from, damages, or otherwise 
     impairs the operation of a railroad signal system or mass 
     transportation signal or dispatching system, including a 
     train control system, centralized dispatching system, or 
     highway-railroad grade crossing warning signal, without 
     authorization from the railroad carrier or mass 
     transportation provider;
       ``(5) with intent to endanger the safety of any person, or 
     with a reckless disregard for the safety of human life, 
     interferes with, disables, or incapacitates any dispatcher, 
     driver, captain, locomotive engineer, railroad conductor, or 
     other person while the person is employed in dispatching, 
     operating, or maintaining railroad on-track equipment or a 
     mass transportation vehicle;
       ``(6) commits an act, including the use of a dangerous 
     weapon, with the intent to cause death or serious bodily 
     injury to any person who is on property described in 
     subparagraph (A) or (B) of paragraph (3), except that this 
     subparagraph shall not apply to rail police

[[Page 19313]]

     officers acting in the course of their law enforcement duties 
     under section 28101 of title 49, United States Code;
       ``(7) conveys false information, knowing the information to 
     be false, concerning an attempt or alleged attempt that was 
     made, is being made, or is to be made, to engage in a 
     violation of this subsection; or
       ``(8) attempts, threatens, or conspires to engage in any 
     violation of any of paragraphs (1) through (7),

     shall be fined under this title or imprisoned not more than 
     20 years, or both.
       ``(b) Aggravated Offense.--Whoever commits an offense under 
     subsection (a) of this section in a circumstance in which--
       ``(1) the railroad on-track equipment or mass 
     transportation vehicle was carrying a passenger or employee 
     at the time of the offense;
       ``(2) the railroad on-track equipment or mass 
     transportation vehicle was carrying high-level radioactive 
     waste or spent nuclear fuel at the time of the offense;
       ``(3) the railroad on-track equipment or mass 
     transportation vehicle was carrying a hazardous material at 
     the time of the offense that--
       ``(A) was required to be placarded under subpart F of part 
     172 of title 49, Code of Federal Regulations; and
       ``(B) is identified as class number 3, 4, 5, 6.1, or 8 and 
     packing group I or packing group II, or class number 1, 2, or 
     7 under the hazardous materials table of section 172.101 of 
     title 49, Code of Federal Regulations; or
       ``(4) the offense results in the death of any person,

     shall be fined under this title or imprisoned for any term of 
     years or life, or both. In the case of a violation described 
     in paragraph (2) of this subsection, the term of imprisonment 
     shall be not less than 30 years; and, in the case of a 
     violation described in paragraph (4) of this subsection, the 
     offender shall be fined under this title and imprisoned for 
     life and be subject to the death penalty.
       ``(c) Circumstances Required for Offense.--A circumstance 
     referred to in subsection (a) is any of the following:
       ``(1) Any of the conduct required for the offense is, or, 
     in the case of an attempt, threat, or conspiracy to engage in 
     conduct, the conduct required for the completed offense would 
     be, engaged in, on, against, or affecting a mass 
     transportation provider or railroad carrier engaged in or 
     affecting interstate or foreign commerce.
       ``(2) Any person travels or communicates across a State 
     line in order to commit the offense, or transports materials 
     across a State line in aid of the commission of the offense.
       ``(d) Definitions.--In this section--
       ``(1) the term `biological agent' has the meaning given to 
     that term in section 178(1);
       ``(2) the term `dangerous weapon' means a weapon, device, 
     instrument, material, or substance, animate or inanimate, 
     that is used for, or is readily capable of, causing death or 
     serious bodily injury, including a pocket knife with a blade 
     of more than 2\1/2\ inches in length and a box cutter;
       ``(3) the term `destructive device' has the meaning given 
     to that term in section 921(a)(4);
       ``(4) the term `destructive substance' means an explosive 
     substance, flammable material, infernal machine, or other 
     chemical, mechanical, or radioactive device or material, or 
     matter of a combustible, contaminative, corrosive, or 
     explosive nature, except that the term `radioactive device' 
     does not include any radioactive device or material used 
     solely for medical, industrial, research, or other peaceful 
     purposes;
       ``(5) the term `hazardous material' has the meaning given 
     to that term in chapter 51 of title 49;
       ``(6) the term `high-level radioactive waste' has the 
     meaning given to that term in section 2(12) of the Nuclear 
     Waste Policy Act of 1982 (42 U.S.C. 10101(12));
       ``(7) the term `mass transportation' has the meaning given 
     to that term in section 5302(a)(7) of title 49, except that 
     the term includes school bus, charter, and sightseeing 
     transportation;
       ``(8) the term `on-track equipment' means a carriage or 
     other contrivance that runs on rails or electromagnetic 
     guideways;
       ``(9) the term `railroad on-track equipment' means a train, 
     locomotive, tender, motor unit, freight or passenger car, or 
     other on-track equipment used, operated, or employed by a 
     railroad carrier;
       ``(10) the term `railroad' has the meaning given to that 
     term in chapter 201 of title 49;
       ``(11) the term `railroad carrier' has the meaning given to 
     that term in chapter 201 of title 49;
       ``(12) the term `serious bodily injury' has the meaning 
     given to that term in section 1365;
       ``(13) the term `spent nuclear fuel' has the meaning given 
     to that term in section 2(23) of the Nuclear Waste Policy Act 
     of 1982 (42 U.S.C. 10101(23));
       ``(14) the term `State' has the meaning given to that term 
     in section 2266;
       ``(15) the term `toxin' has the meaning given to that term 
     in section 178(2); and
       ``(16) the term `vehicle' means any carriage or other 
     contrivance used, or capable of being used, as a means of 
     transportation on land, on water, or through the air.''.
       (b) Conforming Amendments.--
       (1) The table of sections at the beginning of chapter 97 of 
     title 18, United States Code, is amended--
       (A) by striking ``RAILROADS'' in the chapter heading and 
     inserting ``RAILROAD CARRIERS AND MASS TRANSPORTATION SYSTEMS 
     ON LAND, ON WATER, OR THROUGH THE AIR'';
       (B) by striking the items relating to sections 1992 and 
     1993; and
       (C) by inserting after the item relating to section 1991 
     the following:

``1992. Terrorist attacks and other violence against railroad carriers 
              and against mass transportation systems on land, on 
              water, or through the air.''.

       (2) The table of chapters at the beginning of part I of 
     title 18, United States Code, is amended by striking the item 
     relating to chapter 97 and inserting the following:

``97. Railroad carriers and mass transportation systems on 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

[[Page 19314]]

     of any person. The re-certification that disclosure may 
     endanger of the national security of the United States or 
     interfere with diplomatic relations shall be treated as 
     conclusive unless the court finds that the re-certification 
     was made in bad faith. If the court denies a petition for an 
     order modifying or setting aside a nondisclosure requirement 
     under this paragraph, the recipient shall be precluded for a 
     period of one year from filing another petition to modify or 
     set aside such nondisclosure requirement.
       ``(c) In the case of a failure to comply with a request for 
     records, a report, or other information made to any person or 
     entity under section 2709(b) of this title, section 625(a) or 
     (b) or 626(a) of the Fair Credit Reporting Act, section 
     1114(a)(5)(A) of the Right to Financial Privacy Act, or 
     section 802(a) of the National Security Act of 1947, the 
     Attorney General may invoke the aid of any court of the 
     United States within the jurisdiction in which the 
     investigation is carried on or the person or entity resides, 
     carries on business, or may be found, to compel compliance 
     with the request. The court may issue an order requiring the 
     person or entity to comply with the request. Any failure to 
     obey the order of the court may be punished by the court as 
     contempt thereof. Any process under this section may be 
     served in any judicial district in which the person or entity 
     may be found.
       ``(d) In all proceedings under this section, subject to any 
     right to an open hearing in a contempt proceeding, the court 
     must close any hearing to the extent necessary to prevent an 
     unauthorized disclosure of a request for records, a report, 
     or other information made to any person or entity under 
     section 2709(b) of this title, section 625(a) or (b) or 
     626(a) of the Fair Credit Reporting Act, section 
     1114(a)(5)(A) of the Right to Financial Privacy Act, or 
     section 802(a) of the National Security Act of 1947. 
     Petitions, filings, records, orders, and subpoenas must also 
     be kept under seal to the extent and as long as necessary to 
     prevent the unauthorized disclosure of a request for records, 
     a report, or other information made to any person or entity 
     under section 2709(b) of this title, section 625(a) or (b) or 
     626(a) of the Fair Credit Reporting Act, section 
     1114(a)(5)(A) of the Right to Financial Privacy Act, or 
     section 802(a) of the National Security Act of 1947.
       ``(e) In all proceedings under this section, the court 
     shall, upon the Federal Government's request, review the 
     submission of the Government, which may include classified 
     information, ex parte and in camera.''.

     SEC. 117. CONFIDENTIALITY OF NATIONAL SECURITY LETTERS.

       (a) Section 2709(c) of title 18, United States Code, is 
     amended to read:
       ``(c) Prohibition of Certain Disclosure.--
       ``(1) If the Director of the Federal Bureau of 
     Investigation, or his designee in a position not lower than 
     Deputy Assistant Director at Bureau headquarters or a Special 
     Agent in Charge in a Bureau field office designated by the 
     Director, certifies that otherwise there may result a danger 
     to the national security of the United States, interference 
     with a criminal, counterterrorism, or counterintelligence 
     investigation, interference with diplomatic relations, or 
     danger to the life or physical safety of any person, no wire 
     or electronic communications service provider, or officer, 
     employee, or agent thereof, shall disclose to any person 
     (other than those to whom such disclosure is necessary in 
     order to comply with the request or an attorney to obtain 
     legal advice with respect to the request) that the Federal 
     Bureau of Investigation has sought or obtained access to 
     information or records under this section.
       ``(2) The request shall notify the person or entity to whom 
     the request is directed of the nondisclosure requirement 
     under paragraph (1).
       ``(3) Any recipient disclosing to those persons necessary 
     to comply with the request or to an attorney to obtain legal 
     advice with respect to the request shall inform such person 
     of any applicable nondisclosure requirement. Any person who 
     receives a disclosure under this subsection shall be subject 
     to the same prohibitions on disclosure under paragraph 
     (1).''.
       (b) Section 625(d) of the Fair Credit Reporting Act (15 
     U.S.C. 1681u(d)) is amended to read:
       ``(d) Confidentiality.--
       ``(1) If the Director of the Federal Bureau of 
     Investigation, or his designee in a position not lower than 
     Deputy Assistant Director at Bureau headquarters or a Special 
     Agent in Charge in a Bureau field office designated by the 
     Director, certifies that otherwise there may result a danger 
     to the national security of the United States, interference 
     with a criminal, counterterrorism, or counterintelligence 
     investigation, interference with diplomatic relations, or 
     danger to the life or physical safety of any person, no 
     consumer reporting agency or officer, employee, or agent of a 
     consumer reporting agency shall disclose to any person (other 
     than those to whom such disclosure is necessary in order to 
     comply with the request or an attorney to obtain legal advice 
     with respect to the request) that the Federal Bureau of 
     Investigation has sought or obtained the identity of 
     financial institutions or a consumer report respecting any 
     consumer under subsection (a), (b), or (c), and no consumer 
     reporting agency or officer, employee, or agent of a consumer 
     reporting agency shall include in any consumer report any 
     information that would indicate that the Federal Bureau of 
     Investigation has sought or obtained such information on a 
     consumer report.
       ``(2) The request shall notify the person or entity to whom 
     the request is directed of the nondisclosure requirement 
     under paragraph (1).
       ``(3) Any recipient disclosing to those persons necessary 
     to comply with the request or to an attorney to obtain legal 
     advice with respect to the request shall inform such persons 
     of any applicable nondisclosure requirement. Any person who 
     receives a disclosure under this subsection shall be subject 
     to the same prohibitions on disclosure under paragraph 
     (1).''.
       (c) Section 626(c) of the Fair Credit Reporting Act (15 
     U.S.C. 1681v(c)) is amended to read:
       ``(c) Confidentiality.--
       ``(1) If the head of a government agency authorized to 
     conduct investigations or, or intelligence or 
     counterintelligence activities or analysis related to, 
     international terrorism, or his designee, certifies that 
     otherwise there may result a danger to the national security 
     of the United States, interference with a criminal, 
     counterterrorism, or counterintelligence investigation, 
     interference with diplomatic relations, or danger to the life 
     or physical safety of any person, no consumer reporting 
     agency or officer, employee, or agent of such consumer 
     reporting agency, shall disclose to any person (other than 
     those to whom such disclosure is necessary in order to comply 
     with the request or an attorney to obtain legal advice with 
     respect to the request), or specify in any consumer report, 
     that a government agency has sought or obtained access to 
     information under subsection (a).
       ``(2) The request shall notify the person or entity to whom 
     the request is directed of the nondisclosure requirement 
     under paragraph (1).
       ``(3) Any recipient disclosing to those persons necessary 
     to comply with the request or to any attorney to obtain legal 
     advice with respect to the request shall inform such persons 
     of any applicable nondisclosure requirement. Any person who 
     receives a disclosure under this subsection shall be subject 
     to the same prohibitions on disclosure under paragraph 
     (1).''.
       (d) Section 1114(a)(5)(D) of the Right to Financial Privacy 
     Act (12 U.S.C. 3414(a)(5)(D)) is amended to read:
       ``(D) Prohibition of certain disclosure.--
       ``(i) If the Director of the Federal Bureau of 
     Investigation, or his designee in a position not lower than 
     Deputy Assistant Director at Bureau headquarters or a Special 
     Agent in Charge in a Bureau field office designated by the 
     Director, certifies that otherwise there may result a danger 
     to the national security of the United States, interference 
     with a criminal, counterterrorism, or counterintelligence 
     investigation, interference with diplomatic relations, or 
     danger to the life or physical safety of any person, no 
     financial institution, or officer, employee, or agent of such 
     institution, shall disclose to any person (other than those 
     to whom such disclosure is necessary in order to comply with 
     the request or an attorney to obtain legal advice with 
     respect to the request) that the Federal Bureau of 
     Investigation has sought or obtained access to a customer's 
     or entity's financial records under paragraph (5).
       ``(ii) The request shall notify the person or entity to 
     whom the request is directed of the nondisclosure requirement 
     under paragraph (1).
       ``(iii) Any recipient disclosing to those persons necessary 
     to comply with the request or to an attorney to obtain legal 
     advice with respect to the request shall inform such persons 
     of any applicable nondisclosure requirement. Any person who 
     receives a disclosure under this subsection shall be subject 
     to the same prohibitions on disclosure under paragraph 
     (1).''.
       (e) Section 802(b) of the National Security Act of 1947 (50 
     U.S.C. 436(b)) is amended to read as follows:
       ``(b) Prohibition of Certain Disclosure.--
       ``(1) If an authorized investigative agency described in 
     subsection (a) certifies that otherwise there may result a 
     danger to the national security of the United States, 
     interference with a criminal, counterterrorism, or 
     counterintelligence investigation, interference with 
     diplomatic relations, or danger to the life or physical 
     safety of any person, no governmental or private entity, or 
     officer, employee, or agent of such entity, may disclose to 
     any person (other than those to whom such disclosure is 
     necessary in order to comply with the request or an attorney 
     to obtain legal advice with respect to the request) that such 
     entity has received or satisfied a request made by an 
     authorized investigative agency under this section.
       ``(2) The request shall notify the person or entity to whom 
     the request is directed of the nondisclosure requirement 
     under paragraph (1).
       ``(3) Any recipient disclosing to those persons necessary 
     to comply with the request or to an attorney to obtain legal 
     advice with respect to the request shall inform such persons 
     of any applicable nondisclosure requirement. Any person who 
     receives a disclosure

[[Page 19315]]

     under this subsection shall be subject to the same 
     prohibitions on disclosure under paragraph (1).''.

     SEC. 118. VIOLATIONS OF NONDISCLOSURE PROVISIONS OF NATIONAL 
                   SECURITY LETTERS.

       Section 1510 of title 18, United States Code, is amended by 
     adding at the end the following:
       ``(e) Whoever knowingly violates section 2709(c)(1) of this 
     title, sections 625(d) or 626(c) of the Fair Credit Reporting 
     Act (15 U.S.C. 1681u(d) or 1681v(c)), section 1114(a)(3) or 
     1114(a)(5)(D) of the Right to Financial Privacy Act (12 
     U.S.C. 3414(a)(3) or 3414(a)(5)(D)), or section 802(b) of the 
     National Security Act of 1947 (50 U.S.C. 436(b)) shall be 
     imprisoned for not more than one year, and if the violation 
     is committed with the intent to obstruct an investigation or 
     judicial proceeding, shall be imprisoned for not more than 
     five years.''.

     SEC. 119. REPORTS.

       Any report made to a committee of Congress regarding 
     national security letters under section 2709(c)(1) of title 
     18, United States Code, sections 625(d) or 626(c) of the Fair 
     Credit Reporting Act (15 U.S.C. 1681u(d) or 1681v(c)), 
     section 1114(a)(3) or 1114(a)(5)(D) of the Right to Financial 
     Privacy Act (12 U.S.C. 3414(a)(3) or 3414(a)(5)(D)), or 
     section 802(b) of the National Security Act of 1947 (50 
     U.S.C. 436(b)) shall also be made to the Committees on the 
     Judiciary of the House of Representatives and the Senate.

     SEC. 120. DEFINITION FOR FORFEITURE PROVISIONS UNDER SECTION 
                   806 OF THE USA PATRIOT ACT.

       Section 981(a)(1)(G) of title 18, United States Code, is 
     amended by striking ``section 2331'' each place it appears 
     and inserting ``2332b(g)(5)(B)''.

     SEC. 121. LIMITATION ON AUTHORITY TO DELAY NOTICE.

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

     SEC. 122. INTERCEPTION OF COMMUNICATIONS.

       Section 2516(1) of title 18, United States Code, is 
     amended--
       (1) in paragraph (c)--
       (A) by inserting before ``section 201 (bribery of public 
     officials and witnesses)'' the following: ``section 81 (arson 
     within special maritime and territorial jurisdiction),'';
       (B) by inserting before ``subsection (d), (e), (f), (g), 
     (h), or (i) of section 844 (unlawful use of explosives)'' the 
     following: ``subsections (m) or (n) of section 842 (relating 
     to plastic explosives),''; and
       (C) by inserting before ``section 1992 (relating to 
     wrecking trains)'' the following: ``, section 930(c) 
     (relating to attack on federal facility with firearm), 
     section 956 (conspiracy to harm persons or property 
     overseas),''; and
       (2) in paragraph (j)--
       (A) by striking ``or'' before ``section 46502 (relating to 
     aircraft piracy)'' and inserting a comma after ``section 
     60123(b) (relating to the destruction of a natural gas 
     pipeline''; and
       (B) by inserting ``, the second sentence of section 46504 
     (relating to assault on a flight crew with dangerous weapon), 
     or section 46505(b)(3) or (c) (relating to explosive or 
     incendiary devices, or endangerment of human life, by means 
     of weapons on aircraft)'' before of ``title 49''.

     SEC. 123. PENAL PROVISIONS REGARDING TRAFFICKING IN 
                   CONTRABAND CIGARETTES OR SMOKELESS TOBACCO.

       (a) Threshold Quantity for Treatment as Contraband 
     Cigarettes.--(1) Section 2341(2) of title 18, United States 
     Code, is amended by striking ``60,000 cigarettes'' and 
     inserting ``10,000 cigarettes''.
       (2) Section 2342(b) of that title is amended by striking 
     ``60,000'' and inserting ``10,000''.
       (3) Section 2343 of that title is amended--
       (A) in subsection (a), by striking ``60,000'' and inserting 
     ``10,000''; and
       (B) in subsection (b), by striking ``60,000'' and inserting 
     ``10,000''.
       (b) Contraband Smokeless Tobacco.--(1) Section 2341 of that 
     title is amended--
       (A) in paragraph (4), by striking ``and'' at the end;
       (B) in paragraph (5), by striking the period at the end and 
     inserting a semicolon; and
       (C) by adding at the end the following new paragraphs:
       ``(6) the term `smokeless tobacco' means any finely cut, 
     ground, powdered, or leaf tobacco that is intended to be 
     placed in the oral or nasal cavity or otherwise consumed 
     without being combusted;
       ``(7) the term `contraband smokeless tobacco' means a 
     quantity in excess of 500 single-unit consumer-sized cans or 
     packages of smokeless tobacco, or their equivalent, that are 
     in the possession of any person other than--
       ``(A) a person holding a permit issued pursuant to chapter 
     52 of the Internal Revenue Code of 1986 as manufacturer of 
     tobacco products or as an export warehouse proprietor, a 
     person operating a customs bonded warehouse pursuant to 
     section 311 or 555 of the Tariff Act of 1930 (19 U.S.C. 1311, 
     1555), or an agent of such person;
       ``(B) a common carrier transporting such smokeless tobacco 
     under a proper bill of lading or freight bill which states 
     the quantity, source, and designation of such smokeless 
     tobacco;
       ``(C) a person who--
       ``(i) is licensed or otherwise authorized by the State 
     where such smokeless tobacco is found to engage in the 
     business of selling or distributing tobacco products; and
       ``(ii) has complied with the accounting, tax, and payment 
     requirements relating to such license or authorization with 
     respect to such smokeless tobacco; or
       ``(D) an officer, employee, or agent of the United States 
     or a State, or any department, agency, or instrumentality of 
     the United States or a State (including any political 
     subdivision of a State), having possession of such smokeless 
     tobacco in connection with the performance of official 
     duties;''.
       (2) Section 2342(a) of that title is amended by inserting 
     ``or contraband smokeless tobacco'' after ``contraband 
     cigarettes''.
       (3) Section 2343(a) of that title is amended by inserting 
     ``, or any quantity of smokeless tobacco in excess of 500 
     single-unit consumer-sized cans or packages,'' before ``in a 
     single transaction''.
       (4) Section 2344(c) of that title is amended by inserting 
     ``or contraband smokeless tobacco'' after ``contraband 
     cigarettes''.
       (5) Section 2345 of that title is amended by inserting ``or 
     smokeless tobacco'' after ``cigarettes'' each place it 
     appears.
       (6) Section 2341 of that title is further amended in 
     paragraph (2), as amended by subsection (a)(1) of this 
     section, in the matter preceding subparagraph (A), by 
     striking ``State cigarette taxes in the State where such 
     cigarettes are found, if the State'' and inserting ``State or 
     local cigarette taxes in the State or locality where such 
     cigarettes are found, if the State or local government''.
       (c) Recordkeeping, Reporting, and Inspection.--Section 2343 
     of that title, as amended by this section, is further 
     amended--
       (1) in subsection (a)--
       (A) in the matter preceding paragraph (1), by striking 
     ``only--'' and inserting ``such information as the Attorney 
     General considers appropriate for purposes of enforcement of 
     this chapter, including--''; and
       (B) in the flush matter following paragraph (3), by 
     striking the second sentence;
       (2) by redesignating subsection (b) as subsection (c);
       (3) by inserting after subsection (a) the following new 
     subsection (b):
       ``(b) Any person, except for a tribal government, who 
     engages in a delivery sale, and who ships, sells, or 
     distributes any quantity in excess of 10,000 cigarettes, or 
     any quantity in excess of 500 single-unit consumer-sized cans 
     or packages of smokeless tobacco, or their equivalent, within 
     a single month, shall submit to the Attorney General, 
     pursuant to rules or regulations prescribed by the Attorney 
     General, a report that sets forth the following:
       ``(1) The person's beginning and ending inventory of 
     cigarettes and cans or packages of smokeless tobacco (in 
     total) for such month.
       ``(2) The total quantity of cigarettes and cans or packages 
     of smokeless tobacco that the person received within such 
     month from each other person (itemized by name and address).
       ``(3) The total quantity of cigarettes and cans or packages 
     of smokeless tobacco that the person distributed within such 
     month to each person (itemized by name and address) other 
     than a retail purchaser.''; and
       (4) by adding at the end the following new subsections:
       ``(d) Any report required to be submitted under this 
     chapter to the Attorney General shall also be submitted to 
     the Secretary of the Treasury and to the attorneys general 
     and the tax administrators of the States from where the 
     shipments, deliveries, or distributions both originated and 
     concluded.
       ``(e) In this section, the term `delivery sale' means any 
     sale of cigarettes or smokeless tobacco in interstate 
     commerce to a consumer if--
       ``(1) the consumer submits the order for such sale by means 
     of a telephone or other method of voice transmission, the 
     mails, or the Internet or other online service, or by any 
     other means where the consumer is not in the same physical 
     location as the seller when the purchase or offer of sale is 
     made; or
       ``(2) the cigarettes or smokeless tobacco are delivered by 
     use of the mails, common carrier, private delivery service, 
     or any other means where the consumer is not in the same 
     physical location as the seller when the consumer obtains 
     physical possession of the cigarettes or smokeless tobacco.
       ``(f) In this section, the term `interstate commerce' means 
     commerce between a State and any place outside the State, or 
     commerce between points in the same State but through any 
     place outside the State.''.
       (d) Disposal or Use of Forfeited Cigarettes and Smokeless 
     Tobacco.--Section 2344(c) of that title, as amended by this 
     section, is further amended by striking ``seizure

[[Page 19316]]

     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, 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)''.

[[Page 19317]]



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

       It is the sense of Congress that the Federal Government 
     should not investigate an American citizen for alleged 
     criminal conduct solely on the basis of the citizen's 
     membership in a non-violent political organization or the 
     fact that the citizen was engaging in other lawful political 
     activity.

     SEC. 127. REPEAL OF FIRST RESPONDER GRANT PROGRAM.

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

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

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

              ``TITLE XVIII--FUNDING FOR FIRST RESPONDERS

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

       (2) by adding at the end the following:

              ``TITLE XVIII--FUNDING FOR FIRST RESPONDERS

     ``SEC. 1801. DEFINITIONS.

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

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

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

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

       ``(a) Grant Eligibility.--Any State, region, or directly 
     eligible tribe shall be eligible to apply for a covered 
     grant.
       ``(b) Grant Criteria.--The Secretary shall award covered 
     grants to assist States and local governments in achieving, 
     maintaining, and enhancing the essential capabilities for 
     terrorism preparedness established by the Secretary.
       ``(c) State Homeland Security Plans.--
       ``(1) Submission of plans.--The Secretary shall require 
     that any State applying to the Secretary for a covered grant 
     must submit to the Secretary a 3-year State homeland security 
     plan that--
       ``(A) describes the essential capabilities that communities 
     within the State should possess, or to which they should have 
     access, based upon the terrorism risk factors relevant to 
     such communities, in order to meet the Department's goals for 
     terrorism preparedness;
       ``(B) demonstrates the extent to which the State has 
     achieved the essential capabilities that apply to the State;
       ``(C) demonstrates the needs of the State necessary to 
     achieve, maintain, or enhance the essential capabilities that 
     apply to the State;
       ``(D) includes a prioritization of such needs based on 
     threat, vulnerability, and consequence assessment factors 
     applicable to the State;
       ``(E) describes how the State intends--
       ``(i) to address such needs at the city, county, regional, 
     tribal, State, and interstate level, including a precise 
     description of any regional structure the State has 
     established for the purpose of organizing homeland security 
     preparedness activities funded by covered grants;
       ``(ii) to use all Federal, State, and local resources 
     available for the purpose of addressing such needs; and
       ``(iii) to give particular emphasis to regional planning 
     and cooperation, including the activities of 
     multijurisdictional planning agencies governed by local 
     officials, both within its jurisdictional borders and with 
     neighboring States;
       ``(F) with respect to the emergency preparedness of first 
     responders, addresses the unique aspects of terrorism as part 
     of a comprehensive State emergency management plan; and
       ``(G) provides for coordination of response and recovery 
     efforts at the local level, including procedures for 
     effective incident

[[Page 19318]]

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

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

       ``(a) First Responder Grants Board.--
       ``(1) Establishment of board.--The Secretary shall 
     establish a First Responder Grants Board, consisting of--

[[Page 19319]]

       ``(A) the Secretary;
       ``(B) the Under Secretary for Emergency Preparedness and 
     Response;
       ``(C) the Under Secretary for Border and Transportation 
     Security;
       ``(D) the Under Secretary for Information Analysis and 
     Infrastructure Protection;
       ``(E) the Under Secretary for Science and Technology;
       ``(F) the Director of the Office for Domestic Preparedness;
       ``(G) the Administrator of the United States Fire 
     Administration; and
       ``(H) the Administrator of the Animal and Plant Health 
     Inspection Service.
       ``(2) Chairman.--
       ``(A) In general.--The Secretary shall be the Chairman of 
     the Board.
       ``(B) Exercise of authorities by deputy secretary.--The 
     Deputy Secretary of Homeland Security may exercise the 
     authorities of the Chairman, if the Secretary so directs.
       ``(b) Functions of Under Secretaries.--The Under 
     Secretaries referred to in subsection (a)(1) shall seek to 
     ensure that the relevant expertise and input of the staff of 
     their directorates are available to and considered by the 
     Board.
       ``(c) Prioritization of Grant Applications.--
       ``(1) Factors to be considered.--The Board shall evaluate 
     and annually prioritize all pending applications for covered 
     grants based upon the degree to which they would, by 
     achieving, maintaining, or enhancing the essential 
     capabilities of the applicants on a nationwide basis, lessen 
     the threat to, vulnerability of, and consequences for persons 
     (including transient commuting and tourist populations) and 
     critical infrastructure. Such evaluation and prioritization 
     shall be based upon the most current risk assessment 
     available by the Directorate for Information Analysis and 
     Infrastructure Protection of the threats of terrorism against 
     the United States. The Board shall coordinate with State, 
     local, regional, and tribal officials in establishing 
     criteria for evaluating and prioritizing applications for 
     covered grants.
       ``(2) Critical infrastructure sectors.--The Board 
     specifically shall consider threats of terrorism against the 
     following critical infrastructure sectors in all areas of the 
     United States, urban and rural:
       ``(A) Agriculture and food.
       ``(B) Banking and finance.
       ``(C) Chemical industries.
       ``(D) The defense industrial base.
       ``(E) Emergency services.
       ``(F) Energy.
       ``(G) Government facilities.
       ``(H) Postal and shipping.
       ``(I) Public health and health care.
       ``(J) Information technology.
       ``(K) Telecommunications.
       ``(L) Transportation systems.
       ``(M) Water.
       ``(N) Dams.
       ``(O) Commercial facilities.
       ``(P) National monuments and icons.

     The order in which the critical infrastructure sectors are 
     listed in this paragraph shall not be construed as an order 
     of priority for consideration of the importance of such 
     sectors.
       ``(3) Types of threat.--The Board specifically shall 
     consider the following types of threat to the critical 
     infrastructure sectors described in paragraph (2), and to 
     populations in all areas of the United States, urban and 
     rural:
       ``(A) Biological threats.
       ``(B) Nuclear threats.
       ``(C) Radiological threats.
       ``(D) Incendiary threats.
       ``(E) Chemical threats.
       ``(F) Explosives.
       ``(G) Suicide bombers.
       ``(H) Cyber threats.
       ``(I) Any other threats based on proximity to specific past 
     acts of terrorism or the known activity of any terrorist 
     group.

     The order in which the types of threat are listed in this 
     paragraph shall not be construed as an order of priority for 
     consideration of the importance of such threats.
       ``(4) Consideration of additional factors.--The Board shall 
     take into account any other specific threat to a population 
     (including a transient commuting or tourist population) or 
     critical infrastructure sector that the Board has determined 
     to exist. In evaluating the threat to a population or 
     critical infrastructure sector, the Board shall give greater 
     weight to threats of terrorism based upon their specificity 
     and credibility, including any pattern of repetition.
       ``(5) Minimum amounts.--After evaluating and prioritizing 
     grant applications under paragraph (1), the Board shall 
     ensure that, for each fiscal year--
       ``(A) each of the States, other than the Virgin Islands, 
     American Samoa, Guam, and the Northern Mariana Islands, that 
     has an approved State homeland security plan receives no less 
     than 0.25 percent of the funds available for covered grants 
     for that fiscal year for purposes of implementing its 
     homeland security plan in accordance with the prioritization 
     of needs under section 1803(c)(1)(D);
       ``(B) each of the States, other than the Virgin Islands, 
     American Samoa, Guam, and the Northern Mariana Islands, that 
     has an approved State homeland security plan and that meets 
     one or both of the additional high-risk qualifying criteria 
     under paragraph (6) receives no less than 0.45 percent of the 
     funds available for covered grants for that fiscal year for 
     purposes of implementing its homeland security plan in 
     accordance with the prioritization of needs under section 
     1803(c)(1)(D);
       ``(C) the Virgin Islands, American Samoa, Guam, and the 
     Northern Mariana Islands each receives no less than 0.08 
     percent of the funds available for covered grants for that 
     fiscal year for purposes of implementing its approved State 
     homeland security plan in accordance with the prioritization 
     of needs under section 1803(c)(1)(D); and
       ``(D) directly eligible tribes collectively receive no less 
     than 0.08 percent of the funds available for covered grants 
     for such fiscal year for purposes of addressing the needs 
     identified in the applications of such tribes, consistent 
     with the homeland security plan of each State within the 
     boundaries of which any part of any such tribe is located, 
     except that this clause shall not apply with respect to funds 
     available for a fiscal year if the Secretary receives less 
     than 5 applications for such fiscal year from such tribes 
     under section 1803(e)(6)(A) or does not approve at least one 
     such application.
       ``(6) Additional high-risk qualifying criteria.--For 
     purposes of paragraph (5)(B), additional high-risk qualifying 
     criteria consist of--
       ``(A) having a significant international land border; or
       ``(B) adjoining a body of water within North America 
     through which an international boundary line extends.
       ``(d) Effect of Regional Awards on State Minimum.--Any 
     regional award, or portion thereof, provided to a State under 
     section 1803(e)(5)(C) shall not be considered in calculating 
     the minimum State award under subsection (c)(5) of this 
     section.

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

       ``(a) Establishment.--To assist the Secretary in updating, 
     revising, or replacing essential capabilities for terrorism 
     preparedness, the Secretary shall establish an advisory body 
     pursuant to section 871(a) not later than 60 days after the 
     date of the enactment of this section, which shall be known 
     as the Task Force on Terrorism Preparedness for First 
     Responders.
       ``(b) Update, Revise, or Replace.--The Secretary shall 
     regularly update, revise, or replace the essential 
     capabilities for terrorism preparedness as necessary, but not 
     less than every 3 years.
       ``(c) Report.--
       ``(1) In general.--The Task Force shall submit to the 
     Secretary, by not later than 12 months after its 
     establishment by the Secretary under subsection (a) and not 
     later than every 2 years thereafter, a report on its 
     recommendations for essential capabilities for terrorism 
     preparedness.
       ``(2) Contents.--Each report shall--
       ``(A) include a priority ranking of essential capabilities 
     in order to provide guidance to the Secretary and to the 
     Congress on determining the appropriate allocation of, and 
     funding levels for, first responder needs;
       ``(B) set forth a methodology by which any State or local 
     government will be able to determine the extent to which it 
     possesses or has access to the essential capabilities that 
     States and local governments having similar risks should 
     obtain;
       ``(C) describe the availability of national voluntary 
     consensus standards, and whether there is a need for new 
     national voluntary consensus standards, with respect to first 
     responder training and equipment;
       ``(D) include such additional matters as the Secretary may 
     specify in order to further the terrorism preparedness 
     capabilities of first responders; and
       ``(E) include such revisions to the contents of previous 
     reports as are necessary to take into account changes in the 
     most current risk assessment available by the Directorate for 
     Information Analysis and Infrastructure Protection or other 
     relevant information as determined by the Secretary.
       ``(3) Consistency with federal working group.--The Task 
     Force shall ensure that its recommendations for essential 
     capabilities for terrorism preparedness are, to the extent 
     feasible, consistent with any preparedness goals or 
     recommendations of the Federal working group established 
     under section 319F(a) of the Public Health Service Act (42 
     U.S.C. 247d-6(a)).
       ``(4) Comprehensiveness.--The Task Force shall ensure that 
     its recommendations regarding essential capabilities for 
     terrorism preparedness are made within the context of a 
     comprehensive State emergency management system.
       ``(5) Prior measures.--The Task Force shall ensure that its 
     recommendations regarding essential capabilities for 
     terrorism preparedness take into account any capabilities 
     that State or local officials have determined to be essential 
     and have undertaken since September 11, 2001, to prevent, 
     prepare for, respond to, or recover from terrorist attacks.
       ``(d) Membership.--
       ``(1) In general.--The Task Force shall consist of 25 
     members appointed by the Secretary, and shall, to the extent 
     practicable, represent a geographic (including urban and

[[Page 19320]]

     rural) and substantive cross section of governmental and 
     nongovernmental first responder disciplines from the State 
     and local levels, including as appropriate--
       ``(A) members selected from the emergency response field, 
     including fire service and law enforcement, hazardous 
     materials response, emergency medical services, and emergency 
     management personnel (including public works personnel 
     routinely engaged in emergency response);
       ``(B) health scientists, emergency and inpatient medical 
     providers, and public health professionals, including experts 
     in emergency health care response to chemical, biological, 
     radiological, and nuclear terrorism, and experts in providing 
     mental health care during emergency response operations;
       ``(C) experts from Federal, State, and local governments, 
     and the private sector, representing standards-setting 
     organizations, including representation from the voluntary 
     consensus codes and standards development community, 
     particularly those with expertise in first responder 
     disciplines; and
       ``(D) State and local officials with expertise in terrorism 
     preparedness, subject to the condition that if any such 
     official is an elected official representing one of the two 
     major political parties, an equal number of elected officials 
     shall be selected from each such party.
       ``(2) Coordination with the department of health and health 
     services.--In the selection of members of the Task Force who 
     are health professionals, including emergency medical 
     professionals, the Secretary shall coordinate such selection 
     with the Secretary of Health and Human Services.
       ``(3) Ex officio members.--The Secretary and the Secretary 
     of Health and Human Services shall each designate one or more 
     officers of their respective Departments to serve as ex 
     officio members of the Task Force. One of the ex officio 
     members from the Department of Homeland Security shall be the 
     designated officer of the Federal Government for purposes of 
     subsection (e) of section 10 of the Federal Advisory 
     Committee Act (5 U.S.C. App.).
       ``(e) Applicability of Federal Advisory Committee Act.--
     Notwithstanding section 871(a), the Federal Advisory 
     Committee Act (5 U.S.C. App.), including subsections (a), 
     (b), and (d) of section 10 of such Act, and section 552b(c) 
     of title 5, United States Code, shall apply to the Task 
     Force.

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

       ``(a) In General.--A covered grant may be used for--
       ``(1) purchasing or upgrading equipment, including computer 
     software, to enhance terrorism preparedness;
       ``(2) exercises to strengthen terrorism preparedness;
       ``(3) training for prevention (including detection) of, 
     preparedness for, response to, or recovery from attacks 
     involving weapons of mass destruction, including training in 
     the use of equipment and computer software;
       ``(4) developing or updating State homeland security plans, 
     risk assessments, mutual aid agreements, and emergency 
     management plans to enhance terrorism preparedness;
       ``(5) establishing or enhancing mechanisms for sharing 
     terrorism threat information;
       ``(6) systems architecture and engineering, program 
     planning and management, strategy formulation and strategic 
     planning, life-cycle systems design, product and technology 
     evaluation, and prototype development for terrorism 
     preparedness purposes;
       ``(7) additional personnel costs resulting from--
       ``(A) elevations in the threat alert level of the Homeland 
     Security Advisory System by the Secretary, or a similar 
     elevation in threat alert level issued by a State, region, or 
     local government with the approval of the Secretary;
       ``(B) travel to and participation in exercises and training 
     in the use of equipment and on prevention activities; and
       ``(C) the temporary replacement of personnel during any 
     period of travel to and participation in exercises and 
     training in the use of equipment and on prevention 
     activities;
       ``(8) the costs of equipment (including software) required 
     to receive, transmit, handle, and store classified 
     information;
       ``(9) protecting critical infrastructure against potential 
     attack by the addition of barriers, fences, gates, and other 
     such devices, except that the cost of such measures may not 
     exceed the greater of--
       ``(A) $1,000,000 per project; or
       ``(B) such greater amount as may be approved by the 
     Secretary, which may not exceed 10 percent of the total 
     amount of the covered grant;
       ``(10) the costs of commercially available interoperable 
     communications equipment (which, where applicable, is based 
     on national, voluntary consensus standards) that the 
     Secretary, in consultation with the Chairman of the Federal 
     Communications Commission, deems best suited to facilitate 
     interoperability, coordination, and integration between and 
     among emergency communications systems, and that complies 
     with prevailing grant guidance of the Department for 
     interoperable communications;
       ``(11) educational curricula development for first 
     responders to ensure that they are prepared for terrorist 
     attacks;
       ``(12) training and exercises to assist public elementary 
     and secondary schools in developing and implementing programs 
     to instruct students regarding age-appropriate skills to 
     prevent, prepare for, respond to, mitigate against, or 
     recover from an act of terrorism;
       ``(13) paying of administrative expenses directly related 
     to administration of the grant, except that such expenses may 
     not exceed 3 percent of the amount of the grant;
       ``(14) paying for the conduct of any activity permitted 
     under the Law Enforcement Terrorism Prevention Program, or 
     any such successor to such program; and
       ``(15) other appropriate activities as determined by the 
     Secretary.
       ``(b) Prohibited Uses.--Funds provided as a covered grant 
     may not be used--
       ``(1) to supplant State or local funds;
       ``(2) to construct buildings or other physical facilities;
       ``(3) to acquire land; or
       ``(4) for any State or local government cost sharing 
     contribution.
       ``(c) Multiple-Purpose Funds.--Nothing in this section 
     shall be construed to preclude State and local governments 
     from using covered grant funds in a manner that also enhances 
     first responder preparedness for emergencies and disasters 
     unrelated to acts of terrorism, if such use assists such 
     governments in achieving essential capabilities for terrorism 
     preparedness established by the Secretary.
       ``(d) Reimbursement of Costs.--(1) In addition to the 
     activities described in subsection (a), a covered grant may 
     be used to provide a reasonable stipend to paid-on-call or 
     volunteer first responders who are not otherwise compensated 
     for travel to or participation in training covered by this 
     section. Any such reimbursement shall not be considered 
     compensation for purposes of rendering such a first responder 
     an employee under the Fair Labor Standards Act of 1938 (29 
     U.S.C. 201 et seq.).
       ``(2) An applicant for a covered grant may petition the 
     Secretary for the reimbursement of the cost of any activity 
     relating to prevention (including detection) of, preparedness 
     for, response to, or recovery from acts of terrorism that is 
     a Federal duty and usually performed by a Federal agency, and 
     that is being performed by a State or local government (or 
     both) under agreement with a Federal agency.
       ``(e) Assistance Requirement.--The Secretary may not 
     require that equipment paid for, wholly or in part, with 
     funds provided as a covered grant be made available for 
     responding to emergencies in surrounding States, regions, and 
     localities, unless the Secretary undertakes to pay the costs 
     directly attributable to transporting and operating such 
     equipment during such response.
       ``(f) Flexibility in Unspent Homeland Security Grant 
     Funds.--Upon request by the recipient of a covered grant, the 
     Secretary may authorize the grantee to transfer all or part 
     of funds provided as the covered grant from uses specified in 
     the grant agreement to other uses authorized under this 
     section, if the Secretary determines that such transfer is in 
     the interests of homeland security.
       ``(g) State, Regional, and Tribal Responsibilities.--
       ``(1) Pass-through.--The Secretary shall require a 
     recipient of a covered grant that is a State to obligate or 
     otherwise make available to local governments, first 
     responders, and other local groups, to the extent required 
     under the State homeland security plan or plans specified in 
     the application for the grant, not less than 80 percent of 
     the grant funds, resources purchased with the grant funds 
     having a value equal to at least 80 percent of the amount of 
     the grant, or a combination thereof, by not later than the 
     end of the 45-day period beginning on the date the grant 
     recipient receives the grant funds.
       ``(2) Cost sharing.--
       ``(A) In general.--The Federal share of the costs of an 
     activity carried out with a covered grant to a State, region, 
     or directly eligible tribe awarded after the 2-year period 
     beginning on the date of the enactment of this section shall 
     not exceed 75 percent.
       ``(B) Interim rule.--The Federal share of the costs of an 
     activity carried out with a covered grant awarded before the 
     end of the 2-year period beginning on the date of the 
     enactment of this section shall be 100 percent.
       ``(C) In-kind matching.--Each recipient of a covered grant 
     may meet the matching requirement under subparagraph (A) by 
     making in-kind contributions of goods or services that are 
     directly linked with the purpose for which the grant is made, 
     including, but not limited to, any necessary personnel 
     overtime, contractor services, administrative costs, 
     equipment fuel and maintenance, and rental space.
       ``(3) Certifications regarding distribution of grant funds 
     to local governments.--Any State that receives a covered 
     grant shall certify to the Secretary, by not later than 30 
     days after the expiration of the period described in 
     paragraph (1) with respect to the grant, that the State has 
     made available for expenditure by local governments, first 
     responders, and other local

[[Page 19321]]

     groups the required amount of grant funds pursuant to 
     paragraph (1).
       ``(4) Quarterly report on homeland security spending.--The 
     Federal share described in paragraph (2)(A) may be increased 
     by up to 2 percent for any State, region, or directly 
     eligible tribe that, not later than 30 days after the end of 
     each fiscal quarter, submits to the Secretary a report on 
     that fiscal quarter. Each such report must include, for each 
     recipient of a covered grant or a pass-through under 
     paragraph (1)--
       ``(A) the amount obligated to that recipient in that 
     quarter;
       ``(B) the amount expended by that recipient in that 
     quarter; and
       ``(C) a summary description of the items purchased by such 
     recipient with such amount.
       ``(5) Annual report on homeland security spending.--Each 
     recipient of a covered grant shall submit an annual report to 
     the Secretary not later than 60 days after the end of each 
     Federal fiscal year. Each recipient of a covered grant that 
     is a region must simultaneously submit its report to each 
     State of which any part is included in the region. Each 
     recipient of a covered grant that is a directly eligible 
     tribe must simultaneously submit its report to each State 
     within the boundaries of which any part of such tribe is 
     located. Each report must include the following:
       ``(A) The amount, ultimate recipients, and dates of receipt 
     of all funds received under the grant during the previous 
     fiscal year.
       ``(B) The amount and the dates of disbursements of all such 
     funds expended in compliance with paragraph (1) or pursuant 
     to mutual aid agreements or other sharing arrangements that 
     apply within the State, region, or directly eligible tribe, 
     as applicable, during the previous fiscal year.
       ``(C) How the funds were utilized by each ultimate 
     recipient or beneficiary during the preceding fiscal year.
       ``(D) The extent to which essential capabilities identified 
     in the applicable State homeland security plan or plans were 
     achieved, maintained, or enhanced as the result of the 
     expenditure of grant funds during the preceding fiscal year.
       ``(E) The extent to which essential capabilities identified 
     in the applicable State homeland security plan or plans 
     remain unmet.
       ``(6) Inclusion of restricted annexes.--A recipient of a 
     covered grant may submit to the Secretary an annex to the 
     annual report under paragraph (5) that is subject to 
     appropriate handling restrictions, if the recipient believes 
     that discussion in the report of unmet needs would reveal 
     sensitive but unclassified information.
       ``(7) Provision of reports.--The Secretary shall ensure 
     that each annual report under paragraph (5) is provided to 
     the Under Secretary for Emergency Preparedness and Response 
     and the Director of the Office for Domestic Preparedness.
       ``(h) Incentives to Efficient Administration of Homeland 
     Security Grants.--
       ``(1) Penalties for delay in passing through local share.--
     If a recipient of a covered grant that is a State fails to 
     pass through to local governments, first responders, and 
     other local groups funds or resources required by subsection 
     (g)(1) within 45 days after receiving funds under the grant, 
     the Secretary may--
       ``(A) reduce grant payments to the grant recipient from the 
     portion of grant funds that is not required to be passed 
     through under subsection (g)(1);
       ``(B) terminate payment of funds under the grant to the 
     recipient, and transfer the appropriate portion of those 
     funds directly to local first responders that were intended 
     to receive funding under that grant; or
       ``(C) impose additional restrictions or burdens on the 
     recipient's use of funds under the grant, which may include--
       ``(i) prohibiting use of such funds to pay the grant 
     recipient's grant-related overtime or other expenses;
       ``(ii) requiring the grant recipient to distribute to local 
     government beneficiaries all or a portion of grant funds that 
     are not required to be passed through under subsection 
     (g)(1); or
       ``(iii) for each day that the grant recipient fails to pass 
     through funds or resources in accordance with subsection 
     (g)(1), reducing grant payments to the grant recipient from 
     the portion of grant funds that is not required to be passed 
     through under subsection (g)(1), except that the total amount 
     of such reduction may not exceed 20 percent of the total 
     amount of the grant.
       ``(2) Extension of period.--The Governor of a State may 
     request in writing that the Secretary extend the 45-day 
     period under section 1803(e)(5)(E) or paragraph (1) for an 
     additional 15-day period. The Secretary may approve such a 
     request, and may extend such period for additional 15-day 
     periods, if the Secretary determines that the resulting delay 
     in providing grant funding to the local government entities 
     that will receive funding under the grant will not have a 
     significant detrimental impact on such entities' terrorism 
     preparedness efforts.
       ``(3) Provision of non-local share to local government.--
       ``(A) In general.--The Secretary may upon request by a 
     local government pay to the local government a portion of the 
     amount of a covered grant awarded to a State in which the 
     local government is located, if--
       ``(i) the local government will use the amount paid to 
     expedite planned enhancements to its terrorism preparedness 
     as described in any applicable State homeland security plan 
     or plans;
       ``(ii) the State has failed to pass through funds or 
     resources in accordance with subsection (g)(1); and
       ``(iii) the local government complies with subparagraphs 
     (B) and (C).
       ``(B) Showing required.--To receive a payment under this 
     paragraph, a local government must demonstrate that--
       ``(i) it is identified explicitly as an ultimate recipient 
     or intended beneficiary in the approved grant application;
       ``(ii) it was intended by the grantee to receive a 
     severable portion of the overall grant for a specific purpose 
     that is identified in the grant application;
       ``(iii) it petitioned the grantee for the funds or 
     resources after expiration of the period within which the 
     funds or resources were required to be passed through under 
     subsection (g)(1); and
       ``(iv) it did not receive the portion of the overall grant 
     that was earmarked or designated for its use or benefit.
       ``(C) Effect of payment.--Payment of grant funds to a local 
     government under this paragraph--
       ``(i) shall not affect any payment to another local 
     government under this paragraph; and
       ``(ii) shall not prejudice consideration of a request for 
     payment under this paragraph that is submitted by another 
     local government.
       ``(D) Deadline for action by secretary.--The Secretary 
     shall approve or disapprove each request for payment under 
     this paragraph by not later than 15 days after the date the 
     request is received by the Department.
       ``(i) Reports to Congress.--The Secretary shall submit an 
     annual report to the Congress by January 31 of each year 
     covering the preceding fiscal year--
       ``(1) describing in detail the amount of Federal funds 
     provided as covered grants that were directed to each State, 
     region, and directly eligible tribe in the preceding fiscal 
     year;
       ``(2) containing information on the use of such grant funds 
     by grantees; and
       ``(3) describing--
       ``(A) the Nation's progress in achieving, maintaining, and 
     enhancing the essential capabilities established by the 
     Secretary as a result of the expenditure of covered grant 
     funds during the preceding fiscal year; and
       ``(B) an estimate of the amount of expenditures required to 
     attain across the United States the essential capabilities 
     established by the Secretary.

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

       ``(a) Equipment Standards.--
       ``(1) In general.--The Secretary, in consultation with the 
     Under Secretaries for Emergency Preparedness and Response and 
     Science and Technology and the Director of the Office for 
     Domestic Preparedness, shall, not later than 6 months after 
     the date of enactment of this section, support the 
     development of, promulgate, and update as necessary national 
     voluntary consensus standards for the performance, use, and 
     validation of first responder equipment for purposes of 
     section 1805(e)(7). Such standards--
       ``(A) shall be, to the maximum extent practicable, 
     consistent with any existing voluntary consensus standards;
       ``(B) shall take into account, as appropriate, new types of 
     terrorism threats that may not have been contemplated when 
     such existing standards were developed;
       ``(C) shall be focused on maximizing interoperability, 
     interchangeability, durability, flexibility, efficiency, 
     efficacy, portability, sustainability, and safety; and
       ``(D) shall cover all appropriate uses of the equipment.
       ``(2) Required categories.--In carrying out paragraph (1), 
     the Secretary shall specifically consider the following 
     categories of first responder equipment:
       ``(A) Thermal imaging equipment.
       ``(B) Radiation detection and analysis equipment.
       ``(C) Biological detection and analysis equipment.
       ``(D) Chemical detection and analysis equipment.
       ``(E) Decontamination and sterilization equipment.
       ``(F) Personal protective equipment, including garments, 
     boots, gloves, and hoods and other protective clothing.
       ``(G) Respiratory protection equipment.
       ``(H) Interoperable communications, including wireless and 
     wireline voice, video, and data networks.
       ``(I) Explosive mitigation devices and explosive detection 
     and analysis equipment.
       ``(J) Containment vessels.
       ``(K) Contaminant-resistant vehicles.
       ``(L) Such other equipment for which the Secretary 
     determines that national voluntary consensus standards would 
     be appropriate.
       ``(b) Training Standards.--
       ``(1) In general.--The Secretary, in consultation with the 
     Under Secretaries for

[[Page 19322]]

     Emergency Preparedness and Response and Science and 
     Technology and the Director of the Office for Domestic 
     Preparedness, shall support the development of, promulgate, 
     and regularly update as necessary national voluntary 
     consensus standards for first responder training carried out 
     with amounts provided under covered grant programs, that will 
     enable State and local government first responders to achieve 
     optimal levels of terrorism preparedness as quickly as 
     practicable. Such standards shall give priority to providing 
     training to--
       ``(A) enable first responders to prevent, prepare for, 
     respond to, mitigate against, and recover from terrorist 
     threats, including threats from chemical, biological, 
     nuclear, and radiological weapons and explosive devices 
     capable of inflicting significant human casualties; and
       ``(B) familiarize first responders with the proper use of 
     equipment, including software, developed pursuant to the 
     standards established under subsection (a).
       ``(2) Required categories.--In carrying out paragraph (1), 
     the Secretary specifically shall include the following 
     categories of first responder activities:
       ``(A) Regional planning.
       ``(B) Joint exercises.
       ``(C) Intelligence collection, analysis, and sharing.
       ``(D) Emergency notification of affected populations.
       ``(E) Detection of biological, nuclear, radiological, and 
     chemical weapons of mass destruction.
       ``(F) Such other activities for which the Secretary 
     determines that national voluntary consensus training 
     standards would be appropriate.
       ``(3) Consistency.--In carrying out this subsection, the 
     Secretary shall ensure that such training standards are 
     consistent with the principles of emergency preparedness for 
     all hazards.
       ``(c) Consultation With Standards Organizations.--In 
     establishing national voluntary consensus standards for first 
     responder equipment and training under this section, the 
     Secretary shall consult with relevant public and private 
     sector groups, including--
       ``(1) the National Institute of Standards and Technology;
       ``(2) the National Fire Protection Association;
       ``(3) the National Association of County and City Health 
     Officials;
       ``(4) the Association of State and Territorial Health 
     Officials;
       ``(5) the American National Standards Institute;
       ``(6) the National Institute of Justice;
       ``(7) the Inter-Agency Board for Equipment Standardization 
     and Interoperability;
       ``(8) the National Public Health Performance Standards 
     Program;
       ``(9) the National Institute for Occupational Safety and 
     Health;
       ``(10) ASTM International;
       ``(11) the International Safety Equipment Association;
       ``(12) the Emergency Management Accreditation Program; and
       ``(13) to the extent the Secretary considers appropriate, 
     other national voluntary consensus standards development 
     organizations, other interested Federal, State, and local 
     agencies, and other interested persons.
       ``(d) Coordination With Secretary of HHS.--In establishing 
     any national voluntary consensus standards under this section 
     for first responder equipment or training that involve or 
     relate to health professionals, including emergency medical 
     professionals, the Secretary shall coordinate activities 
     under this section with the Secretary of Health and Human 
     Services.''.
       (b) Definition of Emergency Response Providers.--Paragraph 
     (6) of section 2 of the Homeland Security Act of 2002 (Public 
     Law 107-296; 6 U.S.C. 101(6)) is amended by striking 
     ``includes'' and all that follows and inserting ``includes 
     Federal, State, and local governmental and nongovernmental 
     emergency public safety, law enforcement, fire, emergency 
     response, emergency medical (including hospital emergency 
     facilities), and related personnel, organizations, agencies, 
     and authorities.''.

     SEC. 129. OVERSIGHT.

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

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

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

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

       (a) Liability Protection.--A person who donates fire 
     control or fire rescue equipment to a volunteer fire company 
     shall not be liable for civil damages under any State or 
     Federal law for personal injuries, property damage or loss, 
     or death caused by the equipment after the donation.
       (b) Exceptions.--Subsection (a) does not apply to a person 
     if--
       (1) the person's act or omission causing the injury, 
     damage, loss, or death constitutes gross negligence or 
     intentional misconduct; or
       (2) the person is the manufacturer of the fire control or 
     fire rescue equipment.
       (c) Preemption.--This section preempts the laws of any 
     State to the extent that such laws are inconsistent with this 
     section, except that notwithstanding subsection (b) this 
     section shall not preempt any State law that provides 
     additional protection from liability for a person who donates 
     fire control or fire rescue equipment to a volunteer fire 
     company.
       (d) Definitions.--In this section:
       (1) Person.--The term ``person'' includes any governmental 
     or other entity.
       (2) Fire control or rescue equipment.--The term ``fire 
     control or fire rescue equipment'' includes any fire vehicle, 
     fire fighting tool, communications equipment, protective 
     gear, fire hose, or breathing apparatus.
       (3) State.--The term ``State'' includes the several States, 
     the District of Columbia, the Commonwealth of Puerto Rico, 
     the Commonwealth of the Northern Mariana Islands, American 
     Samoa, Guam, the Virgin Islands, any other territory or 
     possession of the United States, and any political 
     subdivision of any such State, territory, or possession.
       (4) Volunteer fire company.--The term ``volunteer fire 
     company'' means an association of individuals who provide 
     fire protection and other emergency services, where at least 
     30 percent of the individuals receive little or no 
     compensation compared with an entry level full-time paid 
     individual in that association or in the nearest such 
     association with an entry level full-time paid individual.
       (e) Effective Date.--This section applies only to liability 
     for injury, damage, loss, or death caused by equipment that, 
     for purposes of subsection (a), is donated on or after the 
     date that is 30 days after the date of the enactment of this 
     section.

     SEC. 132. REPORT BY ATTORNEY GENERAL.

       (a) Reports on Data-Mining Activities.--
       (1) Requirement for report.--The Attorney General shall 
     collect the information described in paragraph (2) from the 
     head of each department or agency of the Federal Government 
     that is engaged in any activity to use or develop data-mining 
     technology and shall report to Congress on all such 
     activities.
       (2) Content of report.--A report submitted under paragraph 
     (1) shall include, for each activity to use or develop data-
     mining technology that is required to be covered by the 
     report, the following information:
       (A) A thorough description of the data-mining technology 
     and the data that will be used.

[[Page 19323]]

       (B) A thorough discussion of the plans for the use of such 
     technology and the target dates for the deployment of the 
     data-mining technology.
       (C) An assessment of the likely efficacy of the data-mining 
     technology in providing accurate and valuable information 
     consistent with the stated plans for the use of the 
     technology.
       (D) An assessment of the likely impact of the 
     implementation of the data-mining technology on privacy and 
     civil liberties.
       (E) A list and analysis of the laws and regulations that 
     govern the information to be collected, reviewed, gathered, 
     and analyzed with the data-mining technology and a 
     description of any modifications of such laws that will be 
     required to use the information in the manner proposed under 
     such program.
       (F) A thorough discussion of the policies, procedures, and 
     guidelines that are to be developed and applied in the use of 
     such technology for data-mining in order to--
       (i) protect the privacy and due process rights of 
     individuals; and
       (ii) ensure that only accurate information is collected and 
     used.
       (G) A thorough discussion of the procedures allowing 
     individuals whose personal information will be used in the 
     data-mining technology to be informed of the use of their 
     personal information and what procedures are in place to 
     allow for individuals to opt out of the technology. If no 
     such procedures are in place, a thorough explanation as to 
     why not.
       (H) Any necessary classified information in an annex that 
     shall be available to the Committee on the Judiciary of both 
     the Senate and the House of Representatives.
       (3) Time for report.--The report required under paragraph 
     (1) shall be--
       (A) submitted not later than 180 days after the date of 
     enactment of this Act; and
       (B) updated once a year to include any new data-mining 
     technologies.
       (b) Definitions.--In this section:
       (1) Data-mining.--The term ``data-mining'' means a query or 
     search or other analysis of 1 or more electronic databases, 
     where--
       (A) at least 1 of the databases was obtained from or 
     remains under the control of a non-Federal entity, or the 
     information was acquired initially by another department or 
     agency of the Federal Government for purposes other than 
     intelligence or law enforcement;
       (B) the search does not use a specific individual's 
     personal identifiers to acquire information concerning that 
     individual; and
       (C) a department or agency of the Federal Government is 
     conducting the query or search or other analysis to find a 
     pattern indicating terrorist or other criminal activity.
       (2) Database.--The term ``database'' does not include 
     telephone directories, information publicly available via the 
     Internet or available by any other means to any member of the 
     public without payment of a fee, or databases of judicial and 
     administrative opinions.

     SEC. 133. SENSE OF CONGRESS.

       It is the sense of Congress that under section 981 of title 
     18, United States Code, victims of terrorists attacks should 
     have access to the assets forfeited.

             TITLE II--TERRORIST DEATH PENALTY ENHANCEMENT

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``Terrorist Death Penalty 
     Enhancement Act of 2005''.

            Subtitle A--Terrorist Penalties Enhancement Act

     SEC. 211. TERRORIST OFFENSE RESULTING IN DEATH.

       (a) New Offense.--Chapter 113B of title 18, United States 
     Code, is amended by adding at the end the following:

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

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

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

     SEC. 212. DENIAL OF FEDERAL BENEFITS TO TERRORISTS.

       (a) In General.--Chapter 113B of title 18, United States 
     Code, as amended by section 211 of this subtitle, is further 
     amended by adding at the end the following:

     ``Sec. 2339F. Denial of Federal benefits to terrorists

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

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

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

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

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

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

     SEC. 215. POSTRELEASE SUPERVISION OF TERRORISTS.

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

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

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

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

              Subtitle C--Federal Death Penalty Procedures

     SEC. 231. MODIFICATION OF DEATH PENALTY PROVISIONS.

       (a) Elimination of Procedures Applicable Only to Certain 
     Controlled Substances Act Cases.--Section 408 of the 
     Controlled Substances Act (21 U.S.C. 848) is amended--

[[Page 19324]]

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

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

     SEC. 301. SHORT TITLE.

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

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

       (a) In General.--Section 1036 of title 18, United States 
     Code, is amended--
       (1) in subsection (a)--
       (A) in paragraph (2), by striking ``or'' at the end;
       (B) by redesignating paragraph (3) as paragraph (4); and
       (C) by inserting after paragraph (2) the following:
       ``(3) any secure or restricted area of any seaport, 
     designated as secure in an approved security plan, as 
     required under section 70103 of title 46, United States Code, 
     and the rules and regulations promulgated under that section; 
     or'';
       (2) in subsection (b)(1), by striking ``5 years'' and 
     inserting ``10 years'';
       (3) in subsection (c)(1), by inserting ``, captain of the 
     seaport,'' after ``airport authority''; and
       (4) by striking the section heading and inserting the 
     following:

     ``Sec. 1036. Entry by false pretenses to any real property, 
       vessel, or aircraft of the United States or secure area of 
       any airport or seaport''.

       (b) Technical and Conforming Amendment.--The table of 
     sections for chapter 47 of title 18 is amended by striking 
     the matter relating to section 1036 and inserting the 
     following:

``1036. Entry by false pretenses to any real property, vessel, or 
              aircraft of the United States or secure area of any 
              airport or seaport.''.

       (c) Definition of Seaport.--Chapter 1 of title 18, United 
     States Code, is amended by adding at the end the following:

     ``Sec. 26. Definition of seaport

       ``As used in this title, the term `seaport' means all 
     piers, wharves, docks, and similar structures, adjacent to 
     any waters subject to the jurisdiction of the United States, 
     to which a vessel may be secured, including areas of land, 
     water, or land and water under and in immediate proximity to 
     such structures, buildings on or contiguous to such 
     structures, and the equipment and materials on such 
     structures or in such buildings.''.
       (d) Technical and Conforming Amendment.--The table of 
     sections for chapter 1 of title 18 is amended by inserting 
     after the matter relating to section 25 the following:

``26. Definition of seaport.''.

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

       (a) Offense.--Chapter 109 of title 18, United States Code, 
     is amended by adding at the end the following:

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

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

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

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

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

[[Page 19325]]



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

       (a) Placement of Destructive Devices.--Chapter 111 of title 
     18, United States Code, as amended by subsection (a), is 
     further amended by adding at the end the following:

     ``Sec. 2282A. Devices or dangerous substances in waters of 
       the United States likely to destroy or damage Ships or to 
       interfere with maritime commerce

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

``2282A. Devices or dangerous substances in waters of the United States 
              likely to destroy or damage ships or to interfere with 
              maritime commerce.''.

       (b) Violence Against Maritime Navigation.--
       (1) In general.--Chapter 111 of title 18, United States 
     Code as amended by subsections (a) and (c), is further 
     amended by adding at the end the following:

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

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

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

     SEC. 306. TRANSPORTATION OF DANGEROUS MATERIALS AND 
                   TERRORISTS.

       (a) Transportation of Dangerous Materials and Terrorists.--
     Chapter 111 of title 18, as amended by section 305, is 
     further amended by adding at the end the following:

     ``Sec. 2283. Transportation of explosive, biological, 
       chemical, or radioactive or nuclear materials

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

     ``Sec. 2284. Transportation of terrorists

       ``(a) In General.--Whoever knowingly transports any 
     terrorist aboard any vessel within the United States and on 
     waters subject to the jurisdiction of the United States or 
     any vessel outside the United States and on the high seas or 
     having United States nationality, knowing or having reason to 
     believe that the transported person is a terrorist, shall be 
     fined under this title or imprisoned for any term of years or 
     for life, or both.
       ``(b) Defined Term.--In this section, the term `terrorist' 
     means any person who intends to commit, or is avoiding 
     apprehension after having committed, an offense listed under 
     section 2332b(g)(5)(B).''.
       (b) Conforming Amendment.--The table of sections for 
     chapter 111 of title 18, United States Code, as amended by 
     section 305, is further amended by adding at the end the 
     following:

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

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

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

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

``Sec.
``2290. Jurisdiction and scope.
``2291. Destruction of vessel or maritime facility.
``2292. Imparting or conveying false information.

     ``Sec. 2290. Jurisdiction and scope

       ``(a) Jurisdiction.--There is jurisdiction, including 
     extraterritorial jurisdiction, over an offense under this 
     chapter if the prohibited activity takes place--
       ``(1) within the United States and within waters subject to 
     the jurisdiction of the United States; or
       ``(2) outside United States and--
       ``(A) an offender or a victim is a national of the United 
     States (as that term is defined under section 101(a)(22) of 
     the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)); 
     or
       ``(B) the activity involves a vessel of the United States 
     (as that term is defined under section 2 of the Maritime Drug 
     Law Enforcement Act (46 U.S.C. App. 1903).
       ``(b) Scope.--Nothing in this chapter shall apply to 
     otherwise lawful activities carried out by or at the 
     direction of the United States Government.

     ``Sec. 2291. Destruction of vessel or maritime facility

       ``(a) Offense.--Whoever intentionally--
       ``(1) sets fire to, damages, destroys, disables, or wrecks 
     any vessel;
       ``(2) places or causes to be placed a destructive device, 
     as defined in section 921(a)(4), destructive substance, as 
     defined in section 31(a)(3), or an explosive, as defined in 
     section 844(j) in, upon, or near, or otherwise makes or 
     causes to be made unworkable or unusable or hazardous to work 
     or use, any vessel, or any part or other materials used or 
     intended to be used in connection with the operation of a 
     vessel;
       ``(3) sets fire to, damages, destroys, or disables or 
     places a destructive device or substance in, upon, or near, 
     any maritime facility, including any aid to navigation, lock, 
     canal, or vessel traffic service facility or equipment;
       ``(4) interferes by force or violence with the operation of 
     any maritime facility, including any aid to navigation, lock, 
     canal, or vessel traffic service facility or equipment, if 
     such action is likely to endanger the safety of any vessel in 
     navigation;
       ``(5) sets fire to, damages, destroys, or disables or 
     places a destructive device or substance in, upon, or near, 
     any appliance, structure, property, machine, or apparatus, or 
     any facility or other material used, or intended to be used, 
     in connection with the operation, maintenance, loading, 
     unloading, or

[[Page 19326]]

     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:

     ``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--

[[Page 19327]]

       ``(A) being influenced in the performance of any official 
     act affecting any secure or restricted area or seaport; and
       ``(B) knowing that such influence will be used to commit, 
     or plan to commit, international or domestic terrorism,
     shall be fined under this title or imprisoned not more than 
     20 years, or both.
       ``(b) Definition.--In this section, the term `secure or 
     restricted area' means an area of a vessel or facility 
     designated as secure in an approved security plan, as 
     required under section 70103 of title 46, United States Code, 
     and the rules and regulations promulgated under that 
     section.''.
       (b) Conforming Amendment.--The table of sections for 
     chapter 11 of title 18, United States Code, is amended by 
     adding at the end the following:

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

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

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

     SEC. 313. SMUGGLING GOODS FROM THE UNITED STATES.

       (a) In General.--Chapter 27 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 554. Smuggling goods from the United States

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

``554. Smuggling goods from the United States.''.

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

                TITLE IV--COMBATING TERRORISM FINANCING

     SEC. 401. SHORT TITLE.

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

     SEC. 402. INCREASED PENALTIES FOR TERRORISM FINANCING.

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

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

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

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

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

     SEC. 405. MONEY LAUNDERING THROUGH HAWALAS.

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

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

       (a) Technical Corrections.--
       (1) Section 322 of Public Law 107-56 is amended by striking 
     ``title 18'' and inserting ``title 28''.
       (2) Section 5332(a)(1) of title 31, United States Code, is 
     amended by striking ``article of luggage'' and inserting 
     ``article of luggage or mail''.
       (3) Section 1956(b)(3) and (4) of title 18, United States 
     Code, are amended by striking ``described in paragraph (2)'' 
     each time it appears; and
       (4) Section 981(k) of title 18, United States Code, is 
     amended by striking ``foreign bank'' each time it appears and 
     inserting ``foreign bank or financial institution''.
       (b) Codification of Section 316 of the USA PATRIOT Act.--
       (1) Chapter 46 of title 18, United States Code, is 
     amended--
       (A) by inserting at the end the following:

     ``Sec. 987. Anti-terrorist forfeiture protection

       ``(a) Right to Contest.--An owner of property that is 
     confiscated under this chapter or any other provision of law 
     relating to the confiscation of assets of suspected 
     international terrorists, may contest that confiscation by 
     filing a claim in the manner set forth in the Federal Rules 
     of Civil Procedure (Supplemental Rules for Certain Admiralty 
     and Maritime Claims), and asserting as an affirmative defense 
     that--
       ``(1) the property is not subject to confiscation under 
     such provision of law; or
       ``(2) the innocent owner provisions of section 983(d) apply 
     to the case.

[[Page 19328]]

       ``(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.

                          ____________________