[House Report 109-178]
[From the U.S. Government Publishing Office]



109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    109-178

======================================================================
 
  PROVIDING FOR CONSIDERATION OF H.R. 3199, USA PATRIOT AND TERRORISM 
                 PREVENTION REAUTHORIZATION ACT OF 2005

                                _______
                                

   July 20, 2005.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

   Mr. Gingrey, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 369]

    The Committee on Rules, having had under consideration 
House Resolution 369 by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 3199, the 
USA PATRIOT and Terrorism Prevention Reauthorization Act of 
2005, under a structured rule. The rule provides two hours of 
general debate, with one hour and 30 minutes equally divided 
and controlled by the chairman and ranking minority member of 
the Committee on the Judiciary and 30 minutes equally divided 
and controlled by the chairman and ranking minority member of 
the Permanent Select Committee on Intelligence. The rule waives 
all points of order against consideration of the bill.
    The rule provides that in lieu of the amendments reported 
by the Committee on the Judiciary and the Permanent Select 
Committee on Intelligence now printed in the bill, the 
amendment in the nature of a substitute printed in part A of 
this report shall be considered as the original bill for the 
purpose of amendment and shall be considered as read. The rule 
waives all points of order against the amendment in the nature 
of a substitute printed in part A of this report.
    The rule makes in order only those amendments printed in 
part B of this report, which may be offered only in the order 
printed in this report, may be offered only by a Member 
designated in this report, shall be considered as read, shall 
be debatable for the time specified in this report equally 
divided and controlled by the proponent and an opponent, shall 
not be subject to amendment, and shall not be subject to a 
demand for division of the question in the House or in the 
Committee of the Whole. The rule waives all points of order 
against the amendments printed in part B of this report.
    Finally, the rule provides one motion to recommit with or 
without instructions.

                         EXPLANATION OF WAIVERS

    The waiver of points of order is necessary because the 
reports of the committees of jurisdiction have not been 
available for three days as required by clause 4(a)(1) of rule 
XIII; because the performance goals section of the report of 
the Permanent Select Committee on Intelligence does not meet 
the requirements of clause 3(c)( 4) of rule XIII; and because 
of the recording of roll call votes in the report of the 
Committee on the Judiciary does not meet the requirement of 
clause 3(b) of rule XIII.

                            COMMITTEE VOTES

    Pursuant to clause 3(b) of House rule XIII the results of 
each record vote on an amendment or motion to report, together 
with the names of those voting for and against, are printed 
below:

Rules Committee record vote No. 98

    Date: July 20, 2005.
    Measure: H.R. 3199, USA PATRIOT and Terrorism Prevention 
Reauthorization Act of 2005.
    Motion by: Mrs. Slaughter.
    Summary of motion: To make in order and provide the 
appropriate waivers for the amendment offered by Representative 
Conyers which offers a series of grants to the country's public 
transportation, rail, freight and port infrastructure. Provides 
funding for emergency response training for public 
transportation and rail security employees.
    Results: Defeated 4 to 9.
    Vote by Members: Diaz-Balart--Nay; Hastings (WA)--Nay; 
Sessions--Nay; Putnam--Nay; Capito--Nay; Cole--Nay; Bishop--
Nay; Gingrey--Nay; Slaughter--Yea; McGovern--Yea; Hastings 
(FL)--Yea; Matsui--Yea; Dreier--Nay.

Rules Committee record vote No. 99

    Date: July 20, 2005.
    Measure: H.R. 3199, USA PATRIOT and Terrorism Prevention 
Reauthorization Act of 2005.
    Motion by: Mrs. Slaughter.
    Summary of motion: To make in order and provide the 
appropriate waivers for the amendment offered by Representative 
Otter which strikes the provision of Section 213 of the USA 
PATRIOT Act which allows for delayed notification of execution 
of a search warrant if notification would seriously jeopardize 
an investigation or unduly delay a trial. Also permits delayed 
notification for up to seven days, with unlimited 21-day 
extensions possible, rather that the ``reasonable period of 
time'' included in Section 213 of the USA PATRIOT Act or 120 
days included in Section 16 of H.R. 3199. Requires the Attorney 
General to report to Congress semiannually on all requests for 
delays of notice under Section 213 of the USA PATRIOT Act.
    Results: Defeated 4 to 9.
    Vote by Members: Diaz-Balart--Nay; Hastings (WA)--Nay; 
Sessions--Nay; Putnam--Nay; Capito--Nay; Cole--Nay; Bishop--
Nay; Gingrey--Nay; Slaughter--Yea; McGovern--Yea; Hastings 
(FL)--Yea; Matsui--Yea; Dreier--Nay.

Rules Committee record vote No. 100

    Date: July 20, 2005.
    Measure: H.R. 3199, USA PATRIOT and Terrorism Prevention 
Reauthorization Act of 2005.
    Motion by: Mrs. Slaughter.
    Summary of Motion: To make in order and provide the 
appropriate waivers for the amendment offered by Representative 
Ruppersberger which adjusts PATRIOT Act sunsets to December 31, 
2009.
    Results: Defeated 4 to 9.
    Vote by Members: Diaz-Balart--Nay; Hastings (WA)--Nay; 
Sessions--Nay; Putnam--Nay; Capito--Nay; Cole--Nay; Bishop--
Nay; Gingrey--Nay; Slaughter--Yea; McGovern--Yea; Hastings 
(FL)--Yea; Matsui--Yea; Dreier--Nay.

Rules Committee record vote No. 101

    Date: July 20, 2005.
    Measure: H.R. 3199, USA PATRIOT and Terrorism Prevention 
Reauthorization Act of 2005.
    Motion by: Mr. McGovern.
    Summary of Motion: To make in order and provide the 
appropriate waivers for the amendment offered by Representative 
Sanders which prohibits the Justice Department and the FBI from 
using Section 215 of the USA PATRIOT Act to access library and 
bookstore records regarding what books a person has checked out 
of the library and what books a person has purchased at a 
bookstore.
    Results: Defeated 4 to 9.
    Vote by Members: Diaz-Balart--Nay; Hastings (WA)--Nay; 
Sessions--Nay; Putnam--Nay; Capito--Nay; Cole--Nay; Bishop--
Nay; Gingrey--Nay; Slaughter--Yea; McGovern--Yea; Hastings 
(FL)--Yea; Matsui--Yea; Dreier--Nay.

Rules Committee record vote No. 102

    Date: July 20, 2005.
    Measure: H.R. 3199, USA PATRIOT and Terrorism Prevention 
Reauthorization Act of 2005.
    Motion by: Mr. McGovern.
    Summary of Motion: To make in order and provide the 
appropriate waivers for the amendment offered by Representative 
Nadler which institutes a time limit on a gag order imposed 
under a national security letter to an initial period of 180 
days, with the opportunity for 90 day renewals, and give the 
recipient of a national security letter the right to challenge 
the gag order in court.
    Results: Defeated 4 to 9.
    Vote by Members: Diaz-Balart--Nay; Hastings (WA)--Nay; 
Sessions--Nay; Putnam--Nay; Capito--Nay; Cole--Nay; Bishop--
Nay; Gingrey--Nay; Slaughter--Yea; McGovern--Yea; Hastings 
(FL)--Yea; Matsui--Yea; Dreier--Nay.

Rules Committee record vote No. 103

    Date: July 20, 2005.
    Measure: H.R. 3199, USA PATRIOT and Terrorism Prevention 
Reauthorization Act of 2005.
    Motion by: Mr. Hastings of Florida.
    Summary of Motion: To make in order and provide the 
appropriate waivers for the amendment offered by Representative 
Harman which requires ``John Doe'' roving wiretap applications 
under section 206 of the PATRIOT Act to include a sufficiently 
specific description of the target. Limits surveillance to the 
time reasonable to assume target is near phone or computer to 
be tapped.
    Results: Defeated 4 to 9.
    Vote by Members: Diaz-Balart--Nay; Hastings (WA)--Nay; 
Sessions--Nay; Putnam--Nay; Capito--Nay; Cole--Nay; Bishop--
Nay; Gingrey--Nay; Slaughter--Yea; McGovern--Yea; Hastings 
(FL)--Yea; Matsui--Yea; Dreier--Nay.

Rules Committee record vote No. 104

    Date: July 20, 2005.
    Measure: H.R. 3199, USA PATRIOT and Terrorism Prevention 
Reauthorization Act of 2005.
    Motion by: Mr. Hastings of Florida.
    Summary of motion: To make in order and provide the 
appropriate waivers for the amendment offered by Representative 
Hastings of Florida which extends until 2010 the sunset of the 
FISA ``Lone Wolf'' provision (section 6001 of the Intelligence 
Reform and Terrorism Prevention Act (PL 108-458)). Allows 
investigations initiated prior to the date of the sunset to 
continue beyond the sunset date.
    Results: Defeated 4 to 9.
    Vote by Members: Diaz-Balart--Nay; Hastings (WA)--Nay; 
Sessions--Nay; Putnam--Nay; Capito--Nay; Cole--Nay; Bishop--
Nay; Gingrey--Nay; Slaughter--Yea; McGovern--Yea; Hastings 
(FL)--Yea; Matsui--Yea; Dreier--Nay.

Rules Committee record vote No. 105

    Date: July 20, 2005.
    Measure: H.R. 3199, USA PATRIOT and Terrorism Prevention 
Reauthorization Act of2005.
    Motion by: Mrs. Matsui.
    Summary of motion: To make in order and provide the 
appropriate waivers for the amendment offered by Representative 
Berman which clarifies that section 215 of the PATRIOT Act and 
issuance of national security letters should be used for 
records or information pertaining to a foreign power, an agent 
of a foreign power, or an individual in contact with or known 
to an agent of a foreign power.
    Results: Defeated 4 to 9.
    Vote by Members: Diaz-Balart--Nay; Hastings (WA)--Nay; 
Sessions--Nay; Putnam--Nay; Capito--Nay; Cole--Nay; Bishop--
Nay; Gingrey--Nay; Slaughter--Yea; McGovern--Yea; Hastings 
(FL)--Yea; Matsui--Yea; Dreier--Nay.

PART A--SUMMARY OF AMENDMENT TO BE CONSIDERED AS THE ORIGINAL BILL FOR 
                        THE PURPOSE OF AMENDMENT

    Modifies the following provisions of USA PATRIOT Act: (1) 
section 203(b) to allow for notification to a court that 
criminal wiretap information has been shared; (2) section 206 
to clarify when and where law enforcement is authorized to use 
a multi-point or roving wiretap; (3) section 207 to further 
extend the maximum duration of orders for electronic 
surveillance and physical searches targeted against all agents 
of foreign powers who are not U.S. persons; (4) section 212 to 
require an annual report to the House and Senate Judiciary 
Committees by the Attorney General, which sets forth the number 
of accounts subject to a section 212 disclosure and a summary 
of the basis for disclosure in certain circumstances; (5) 
section 215 to clarify that the information likely to be 
obtained is reasonably expected to: be (A) foreign intelligence 
information NOT concerning a U.S. person or (B) relevant to an 
ongoing investigation to protect against international 
terrorism or clandestine intelligence activities; (6) section 
215 to clarify that a Foreign Intelligence Surveillance Act 
(FISA) 215 court order may be challenged; (7) section 215 court 
to clarify that a recipient of a 215 court order may consult 
with a lawyer and the appropriate people necessary to challenge 
and comply with the order; (8) section 215 to clarify that the 
order will only be issued ``if the judge finds that the 
requirements have been met;'' (9) section 215 to set up a 
judicial review process that authorizes the judge to set aside 
or affirm a 215 court order that has been challenged. The bill 
makes permanent sections 201, 202, 203(b) and (d), 204, 207, 
209, 212, 214, 217, 218, 220, 223, and 225, which were 
scheduled to sunset on December 31, 2005, and extends until 
December 31, 2015 the sunset of sections 206 and 215. In 
addition, the bill makes permanent section 6001 of the 
Intelligence Reform and Terrorism Prevention Act (IRTPA), which 
provides an additional definition for ``Agent of a Foreign 
Power,'' to cover the ``lone wolf' under 50 U.S.C. 1801(b)(1). 
The legislation repeals section 6603(g) of the IRTPA, which 
would sunset section 6603, the ``Additions to Offense of 
Providing Material Support to Terrorism''. Finally, H.R. 3199 
would enhance security of mass transportation; Department of 
Justice Inspector General review, and Judicial and 
Congressional oversight.

              PART B--SUMMARY OF AMENDMENTS MADE IN ORDER

    (Summaries derived from information provided by the 
amendment sponsor.)
    1. Kucinich: Repeals section 505 (National Security 
Letters), section 507 (Educational Records), section 508 
(Disclosure of information from NCES surveys), and section 802 
(Definition of Domestic Terrorism) of the USA PATRIOT Act. (20 
minutes)
    2. Flake/Schiff: States that the Director of the FBI must 
personally approve any library or bookstore request for records 
by the FBI under section 215. (20 minutes)
    3. Issa: Increases the oversight over the use of roving 
wiretaps by requiring an applicant to notify the issuing judge 
within a reasonable time, as determined by the court but not 
more than 15 days, of the change of surveillance from the 
initial facility or place to a new one. Also requires the 
applicant to specify the total number of electronic 
surveillances that have been or are being conducted. (20 
minutes)
    4. Capito: Makes standard the penalties for terrorist 
attacks and other violence against railroad carriers and mass 
transportation systems on land, on water, or through the air. 
The amendment includes a sentence of up to 20 years in jail for 
violence against a rail or mass transportation vehicle; a 
sentence of at least 30 years imprisonment if the vehicle is 
carrying spent nuclear fuel or high level radioactive waste; 
and a mandatory life sentence with death penalty eligibility if 
the attack results in the death of a person. (10 minutes)
    5. Flake/Delahunt/Otter/Nadler: Specifies that the 
recipient of a national security letter may consult with an 
attorney, and may also challenge national security letters in 
court. Authorizes a judge to throw out the national security 
letter request by the government ``if compliance would be 
unreasonable or oppressive'' to the recipient of the national 
security letter. Allows the recipient to challenge the non-
disclosure requirement (gag order) of the national security 
letter request. Permits a court to modify or remove the non-
disclosure requirement of the national security letter request 
``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.'' Modifies the non-disclosure requirement so that 
recipients may tell individuals whom they work with about the 
national security letter request in order to comply with the 
national security request. Contains penalties for individuals 
who violate the non-disclosure requirements of a national 
security letter. Requires that reports on national security 
letters by federal agencies to Congress must also be sent to 
the House and Senate Judiciary Committees. (20 minutes)
    6. Waters: Establishes that under section 505 of the USA 
PATRIOT Act, a recipient of a National Security Letter may not 
be penalized for violating the nondisclosure requirement if the 
recipient is mentally incompetent, under undue stress, under 
threat of bodily harm, or a threat of being discharged from 
employment. Recipient must notify the FBI immediately of these 
circumstances. (20 minutes)
    7. Delahunt/Flake/Otter: Changes the reference in the 
forfeiture statute from 2331 (domestic terrorism) to 2332(b) 
and 2332b(g)(5)(B) (the federal crime of terrorism definition). 
The distinction between the two definitions is that one is 
supposed to be applied to criminal offenses and the other to 
administrative processes. Thus, the amendment removes the 
section that refers to seizing peoples' assets for people who 
are considered ``domestic terrorists.'' The amendment replaces 
the term ``domestic terrorism'' with ``federal crime of 
terrorism'' in this section. The federal crime of terrorism is 
a much more focused term which lists all terrorism crimes 
specifically, whereas people have complained that the term 
``domestic terrorism'' is too broad. (20 minutes)
    8. Flake/Otter: Requires reporting by the Administrative 
Office of the Courts on search warrants and also eliminates the 
provision ``unduly delaying trial'' in the delayed notification 
section of the Patriot Act for ``sneak and peak'' searches. (20 
minutes)
    9. Berman/Delahunt: Requires a report to Congress on the 
development and use of data-mining technology by departments 
and agencies of the Federal government. (10 minutes)
    10. Lungren: Adds to the list of offenses that are 
predicates for obtaining electronic surveillance (i.e. a 
wiretap) to include offenses which relate to terrorism. (20 
minutes)
    11. Schiff/Coble/Forbes: Makes it a crime to use a vessel 
to smuggle terrorists or dangerous materials, including nuclear 
material, into the U.S. Imposes stiff criminal penalties for 
providing false information to a federal law enforcement 
officer at a port or on a vessel, and increases penalties for 
anyone who fraudulently gains access to a seaport. Also makes 
it a crime to place a device or dangerous substance in U.S. 
waters that is likely to destroy or damage a vessel or its 
cargo, as well as to damage or alter any aid to maritime 
navigation which endangers the safe navigation of a ship. 
Increases penalties for smugglers who misrepresent illicit 
cargo. Makes it a federal crime for a vessel operator to fail 
to stop when ordered to do so by a federal law enforcement 
officer. (20 minutes)
    12. Coble: Amends the Contraband Cigarette Trafficking Act 
(18 U.S.C. 2341 et seq.) (``CCTA'') which makes it unlawful for 
any person knowingly to ship, possess, sell, distribute or 
purchase contraband cigarettes. The CCTA would be amended by: 
(1) extending its provisions to cover contraband smokeless 
tobacco; (2) reducing the number of cigarettes that trigger 
application of the CCTA from 60,000 to 10,000 cigarettes; (3) 
imposing reporting requirements on persons, except for tribal 
governments, who engage in delivery sales of more than 10,000 
cigarettes or 500 single-unit cans or packages of smokeless 
tobacco in a single month; (4) requiring the destruction of 
cigarettes and smokeless tobacco seized and forfeited under the 
CCTA; and (5) authorizing state and localgovernments, and 
certain persons holding federal tobacco permits, to bring causes of 
action against violators of the CCTA. (10 minutes)
    13. Carter: Amends the Federal criminal code to apply the 
death penalty or life imprisonment for a terrorist offense that 
results in death. (20 minutes)
    14. Hart: Increases the penalties for activities 
constituting terrorism financing from $11,000 to $50,000 per 
unlawful transaction and criminal sentences from 10 to 20 
years. Provides for additional terrorism-financing offenses 
(such as the use of Hawalas) as predicate offenses to money 
laundering statutes. Adds provisions to seize assets of persons 
committing terrorist acts against foreign countries or 
international organizations. Clarifies the law regarding 
transactions involving criminal proceeds and provides for 
technical corrections. (10 minutes)
    15. Jackson-Lee: Allows the attachment of property and the 
enforcement of judgment against a judgment debtor that has 
engaged in planning or perpetrating any act of domestic or 
international terrorism under 18 USC 981. (10 minutes)
    16. Hyde: Establishes a new criminal offense of narco-
terrorism, which prohibits any person from manufacturing, 
distributing or possessing with intent to distribute a 
controlled substance in schedule I or II or flunitrazepam or 
listed chemical, or attempting or conspiring to do so, knowing 
or intending that such activity, directly or indirectly, aids, 
or provides support, resources or anything of value to: (a) a 
foreign terrorist organization; or (b) any person or group 
involved in the planning, preparation for, or carrying out of a 
terrorist offense. The penalty for such an offense is a 
mandatory minimum of 20 years and a maximum of life. The 
provision states Congress' intent to establish broad extra-
territorial jurisdiction to enforce this new criminal offense; 
and makes it clear that the government need not prove that the 
defendant knew that an organization is a designated ``foreign 
terrorist organization.'' The provision also defines the terms 
``anything of pecuniary value,'' ``terrorist offense,'' and 
``terrorist organization.'' (20 minutes)
    17. Meeks (NY): Sense of Congress regarding the 
availability of banking services to money services businesses. 
Encourages banks and money services businesses to follow the 
guidelines offered by FinCEN and the banking agencies to ensure 
that money services businesses have full access to banking 
services. (10 minutes)
    18. Sessions: Provides additional protection to all 
aircraft in the special aircraft jurisdiction of the United 
States--or any civil aircraft used, operated, or employed in 
interstate, overseas, or foreign air commerce--the same 
protection currently provided to passenger aircraft. Prohibits 
interference with or disabling, 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 any such aircraft or air navigation facility. (10 
minutes)
    19. Paul: Expresses the sense of Congress that no American 
citizen should be the target of a federal investigation solely 
as a result of that person's political activities. (10 minutes)
    20. Lowey/Sweeney: Strikes section 1014(c) of PL 107-56 as 
it applies to Homeland Security Grant Funding. Adds H.R. 1544, 
The Faster and Smarter Funding for First Responders Act of 2005 
as it was passed in the House as a new section of the bill. (10 
minutes)

PART A--TEXT OF AMENDMENT TO BE CONSIDERED AS THE ORIGINAL BILL FOR THE 
                          PURPOSE OF AMENDMENT

  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``USA PATRIOT and Terrorism 
Prevention Reauthorization Act of 2005''.

SEC. 2. 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. 3. 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. 4. 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. 5. 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. 6. 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. 7. 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. 8. ACCESS TO CERTAIN BUSINESS RECORDS UNDER SECTION 215 OF THE USA 
                    PATRIOT ACT.

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

SEC. 9. 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. 10. 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 within a 
                reasonable period of time, as determined by the 
                court, 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.''.

SEC. 11. 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. 12. ENHANCED REVIEW OF DETENTIONS.

  Section 1001 of the USA PATRIOT ACT is amended by--
          (1) inserting ``(A)'' after ``(1)''; and
          (2) inserting after ``Department of Justice'' the 
        following: ``, and (B) review detentions of persons 
        under section 3144 of title 18, United States Code, 
        including their length, conditions of access to 
        counsel, frequency of access to counsel, offense at 
        issue, and frequency of appearance before a grand 
        jury''.

SEC. 13. 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. 14. 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. 15. 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. 16. 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''.

                PART B--TEXT OF AMENDMENTS MADE IN ORDER


 1. An Amendment To Be Offered by Representative Kucinich of Ohio, or 
                 His Designee, Debatable for 20 Minutes

  Add at the end of section 3 the following new subsection:

  (c) Sections 505, 507, 508, and 802.--Effective on December 
31, 2005, the provisions of law amended by sections 505, 507, 
508, and 802 of the USA PATRIOT ACT are amended so that they 
read as they read on October 25, 2001.
                              ----------                              


 2. An Amendment To Be Offered by Representative Flake of Arizona, or 
                 His Designee, Debatable for 20 Minutes

  At the end of section 8 add the following new subsection:

  (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.''.
                              ----------                              


3. An Amendment To Be Offered by Representative Issa of California, or 
                 His Designee, Debatable for 20 Minutes

   Page 10, line 23, strike ``within a reasonable period of 
time, as determined by the court,'' and insert ``at the 
earliest reasonable time as determined by the court, but in no 
case later than 15 days,''.
  Page 11, line 6, after ``surveillance'' insert the following: 
``and shall specify the total number of electronic 
surveillances that have been or are being conducted under the 
authority of the order''.
                              ----------                              


    4. An Amendment To Be Offered by Representative Capito of West 
          Virginia, or Her Designee, Debatable for 10 Minutes

  Add at the end the following:

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

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

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

  ``(a) General Prohibitions.--Whoever, in a circumstance 
described in subsection (c), knowingly--
          ``(1) wrecks, derails, sets fire to, or disables 
        railroad on-track equipment or a mass transportation 
        vehicle;
          ``(2) with intent to endanger the safety of any 
        person, or with a reckless disregard for the safety of 
        human life, and without the authorization of the 
        railroad carrier or mass transportation provider--
                  ``(A) places any biological agent or toxin, 
                destructive substance, or destructive device 
                in, upon, or near railroad on-track equipment 
                or a mass transportation vehicle; or
                  ``(B) releases a hazardous material or a 
                biological agent or toxin on or near any 
                property described in subparagraph (A) or (B) 
                of paragraph (3);
          ``(3) sets fire to, undermines, makes unworkable, 
        unusable, or hazardous to work on or use, or places any 
        biological agent or toxin, destructive substance, or 
        destructive device in, upon, or near any--
                  ``(A) tunnel, bridge, viaduct, trestle, 
                track, electromagnetic guideway, signal, 
                station, depot, warehouse, terminal, or any 
                other way, structure, property, or appurtenance 
                used in the operation of, or in support of the 
                operation of, a railroad carrier, without the 
                authorization of the railroad carrier, and with 
                intent to, or knowing or having reason to know 
                such activity would likely, derail, disable, or 
                wreck railroad on-track equipment;
                  ``(B) garage, terminal, structure, track, 
                electromagnetic guideway, supply, or facility 
                used in the operation of, or in support of the 
                operation of, a mass transportation vehicle, 
                without the authorization of the mass 
                transportation provider, and with intent to, or 
                knowing or having reason to know such activity 
                would likely, derail, disable, or wreck a mass 
                transportation vehicle used, operated, or 
                employed by a mass transportation provider; or
          ``(4) removes an appurtenance from, damages, or 
        otherwise impairs the operation of a railroad signal 
        system or mass transportation signal or dispatching 
        system, including a train control system, centralized 
        dispatching system, or highway-railroad grade crossing 
        warning signal, without authorization from the railroad 
        carrier or mass transportation provider;
          ``(5) with intent to endanger the safety of any 
        person, or with a reckless disregard for the safety of 
        human life, interferes with, disables, or incapacitates 
        any dispatcher, driver, captain, locomotive engineer, 
        railroad conductor, or other person while the person is 
        employed in dispatching, operating, or maintaining 
        railroad on-track equipment or a mass transportation 
        vehicle;
          ``(6) commits an act, including the use of a 
        dangerous weapon, with the intent to cause death or 
        serious bodily injury to any person who is on property 
        described in subparagraph (A) or (B) of paragraph (3), 
        except that this subparagraph shall not apply to rail 
        police officers acting in the course of their law 
        enforcement duties under section 28101 of title 49, 
        United States Code;
          ``(7) conveys false information, knowing the 
        information to be false, concerning an attempt or 
        alleged attempt that was made, is being made, or is to 
        be made, to engage in a violation of this subsection; 
        or
          ``(8) attempts, threatens, or conspires to engage in 
        any violation of any of paragraphs (1) through (7);
shall be fined under this title or imprisoned not more than 20 
years, or both.
  ``(b) Aggravated Offense.--Whoever commits an offense under 
subsection (a) of this section in a circumstance in which--
          ``(1) the railroad on-track equipment or mass 
        transportation vehicle was carrying a passenger or 
        employee at the time of the offense;
          ``(2) the railroad on-track equipment or mass 
        transportation vehicle was carrying high-level 
        radioactive waste or spent nuclear fuel at the time of 
        the offense;
          ``(3) the railroad on-track equipment or mass 
        transportation vehicle was carrying a hazardous 
        material at the time of the offense that--
                  ``(A) was required to be placarded under 
                subpart F of part 172 of title 49, Code of 
                Federal Regulations; and
                  ``(B) is identified as class number 3, 4, 5, 
                6.1, or 8 and packing group I or packing group 
                II, or class number 1, 2, or 7 under the 
                hazardous materials table of section 172.101 of 
                title 49, Code of Federal Regulations; or
          ``(4) the offense results in the death of any person;
shall be fined under this title or imprisoned for any term of 
years or life, or both. In the case of a violation described in 
paragraph (2) of this subsection, the term of imprisonment 
shall be not less than 30 years; and, in the case of a 
violation described in paragraph (4) of this subsection, the 
offender shall be fined under this title and imprisoned for 
life and be subject to the death penalty.
  ``(c) Circumstances Required for Offense.--A circumstance 
referred to in subsection (a) is any of the following:
          ``(1) Any of the conduct required for the offense is, 
        or, in the case of an attempt, threat, or conspiracy to 
        engage in conduct, the conduct required for the 
        completed offense would be, engaged in, on, against, or 
        affecting a mass transportation provider or railroad 
        carrier engaged in or affecting interstate or foreign 
        commerce.
          ``(2) Any person travels or communicates across a 
        State line in order to commit the offense, or 
        transports materials across a State line in aid of the 
        commission of the offense.
  ``(d) Definitions.--In this section--
          ``(1) the term `biological agent' has the meaning 
        given to that term in section 178(1);
          ``(2) the term `dangerous weapon' means a weapon, 
        device, instrument, material, or substance, animate or 
        inanimate, that is used for, or is readily capable of, 
        causing death or serious bodily injury, including a 
        pocket knife with a blade of more than 2\1/2\ inches in 
        length and a box cutter;
          ``(3) the term `destructive device' has the meaning 
        given to that term in section 921(a)(4);
          ``(4) the term `destructive substance' means an 
        explosive substance, flammable material, infernal 
        machine, or other chemical, mechanical, or radioactive 
        device or material, or matter of a combustible, 
        contaminative, corrosive, or explosive nature, except 
        that the term `radioactive device' does not include any 
        radioactive device or material used solely for medical, 
        industrial, research, or other peaceful purposes;
          ``(5) the term `hazardous material' has the meaning 
        given to that term in chapter 51 of title 49;
          ``(6) the term `high-level radioactive waste' has the 
        meaning given to that term in section 2(12) of the 
        Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101(12));
          ``(7) the term `mass transportation' has the meaning 
        given to that term in section 5302(a)(7) of title 49, 
        except that the term includes school bus, charter, and 
        sightseeing transportation;
          ``(8) the term `on-track equipment' means a carriage 
        or other contrivance that runs on rails or 
        electromagnetic guideways;
          ``(9) the term `railroad on-track equipment' means a 
        train, locomotive, tender, motor unit, freight or 
        passenger car, or other on-track equipment used, 
        operated, or employed by a railroad carrier;
          ``(10) the term `railroad' has the meaning given to 
        that term in chapter 201 of title 49;
          ``(11) the term `railroad carrier' has the meaning 
        given to that term in chapter 201 of title 49;
          ``(12) the term `serious bodily injury' has the 
        meaning given to that term in section 1365;
          ``(13) the term `spent nuclear fuel' has the meaning 
        given to that term in section 2(23) of the Nuclear 
        Waste Policy Act of 1982 (42 U.S.C. 10101(23));
          ``(14) the term `State' has the meaning given to that 
        term in section 2266;
          ``(15) the term `toxin' has the meaning given to that 
        term in section 178(2); and
          ``(16) the term `vehicle' means any carriage or other 
        contrivance used, or capable of being used, as a means 
        of transportation on land, on water, or through the 
        air.''.
  (b) Conforming Amendments.--
          (1) The table of sections at the beginning of chapter 
        97 of title 18, United States Code, is amended--
                  (A) by striking ``RAILROADS'' in the chapter 
                heading and inserting ``RAILROAD CARRIERS AND 
                MASS TRANSPORTATION SYSTEMS ON LAND, ON WATER, 
                OR THROUGH THE AIR'';
                  (B) by striking the items relating to 
                sections 1992 and 1993; and
                  (C) by inserting after the item relating to 
                section 1991 the following:

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

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

``97. Railroad carriers and mass transportation systems on 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),''.
                              ----------                              


 5. An Amendment To Be Offered by Representative Flake of Arizona, or 
                 His Designee, Debatable for 20 Minutes

  At the end of the bill, insert the following:

SEC. __. JUDICIAL REVIEW OF NATIONAL SECURITY LETTERS.

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

``3511. Judicial review of requests for information.''

; and
          (2) by inserting after section 3510 the following:

``Sec. 3511. Judicial review of requests for information

  ``(a) The recipient of a request for records, a report, or 
other information under section 2709(b) of this title, section 
625(a) or (b) or 626(a) of the Fair Credit Reporting Act, 
section 1114(a)(5)(A) of the Right to Financial Privacy Act, or 
section 802(a) of the National Security Act of 1947 may, in the 
United States district court for the district in which that 
person or entity does business or resides, petition for an 
order modifying or setting aside the request. The court may 
modify or set aside the request if compliance would be 
unreasonable or oppressive.
  ``(b) The recipient of a request for records, a report, or 
other information under section 2709(b) of this title, section 
625(a) or (b) or 626(a) of the Fair Credit Reporting Act, 
section 1114(a)(5)A) of the Right to Financial Privacy Act, or 
section 802(a) of the National Security Act of 1947, may 
petition any court described in subsection (a) for an order 
modifying or setting aside a nondisclosure requirement imposed 
in connection with such a request.
          ``(1) If the petition is filed within one year of the 
        request for records, a report, or other information 
        under section 2709(b) of this title, section 625(a) or 
        (b) or 626(a) of the Fair Credit Reporting Act, section 
        1114(a)(5)(A) of the Right to Financial Privacy Act, or 
        section 802(a) of the National Security Act of 1947, 
        the court may modify or set aside such a nondisclosure 
        requirement if it finds that there is no reason to 
        believe that disclosure may endanger the national 
        security of the United States, interfere with a 
        criminal, counterterrorism, or counterintelligence 
        investigation, interfere with diplomatic relations, or 
        endanger the life or physical safety of any person. The 
        certification made at the time of the request that 
        disclosure may endanger of the national security of the 
        United States or interfere with diplomatic relations 
        shall be treated as conclusive unless the court finds 
        that the certification was made in bad faith.
          ``(2) If the petition is filed one year or more after 
        the request for records, a report, or other information 
        under section 2709(b) of this title, section 625(a) or 
        (b) or 626(a) of the Fair Credit Reporting Act, section 
        1114 (a)(5)(A) of the Right to Financial Privacy Act, 
        or section 802(a) of the National Security Act of 1947, 
        the issuing officer, within ninety days of the filing 
        of the petition, shall either terminate the 
        nondisclosure requirement or re-certify that disclosure 
        may result a danger to the national security of the 
        United States, interference with a criminal, 
        counterterrorism, or counterintelligence investigation, 
        interference with diplomatic relations, or danger to 
        the life or physical safety of any person. In the event 
        or re-certification, the court may modify or set aside 
        such a nondisclosure requirement if it finds that there 
        is no reason to believe that disclosure may endanger 
        the national security of the United States, interfere 
        with a criminal, counterterrorism, or 
        counterintelligence investigation, interfere with 
        diplomatic relations, or endanger the life or physical 
        safety of any person. The re-certification that 
        disclosure may endanger of the national security of the 
        United States or interfere with diplomatic relations 
        shall be treated as conclusive unless the court finds 
        that the re-certification was made in bad faith. If the 
        court denies a petition for an order modifying or 
        setting aside a nondisclosure requirement under this 
        paragraph, the recipient shall be precluded for a 
        period of one year from filing another petition to 
        modify or set aside such nondisclosure requirement.
  ``(c) In the case of a failure to comply with a request for 
records, a report, or other information made to any person or 
entity under section 2709(b) of this title, section 625(a) or 
(b) or 626(a) of the Fair Credit Reporting Act, section 
1114(a)(5)(A) of the Right to Financial Privacy Act, or section 
802(a) of the National Security Act of 1947, the Attorney 
General may invoke the aid of any court of the United States 
within the jurisdiction in which the investigation is carried 
on or the person or entity resides, carries on business, or may 
be found, to compel compliance with the request. The court may 
issue an order requiring the person or entity to comply with 
the request. Any failure to obey the order of the court may be 
punished by the court as contempt thereof. Any process under 
this section may be served in any judicial district in which 
the person or entity may be found.
  ``(d) In all proceedings under this section, subject to any 
right to an open hearing in a contempt proceeding, the court 
must close any hearing to the extent necessary to prevent an 
unauthorized disclosure of a request for records, a report, or 
other information made to any person or entity under section 
2709(b) of this title, section 625(a) or (b) or 626(a) of the 
Fair Credit Reporting Act, section 1114(a)(5)(A) of the Right 
to Financial Privacy Act, or section 802(a) of the National 
Security Act of 1947. Petitions, filings, records, orders, and 
subpoenas must also be kept under seal to the extent and as 
long as necessary to prevent the unauthorized disclosure of a 
request for records, a report, or other information made to any 
person or entity under section 2709(b) of this title, section 
625(a) or (b) or 626(a) of the Fair Credit Reporting Act, 
section 1114(a)(5)(A) of the Right to Financial Privacy Act, or 
section 802(a) of the National Security Act of 1947.
  ``(e) In all proceedings under this section, the court shall, 
upon the Federal Government's request, review the submission of 
the Government, which may include classified information, ex 
parte and in camera.''.

SEC. __. CONFIDENTIALITY OF NATIONAL SECURITY LETTERS.

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

SEC. __. 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. __. 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.
                              ----------                              


 6. An Amendment To Be Offered by Representative Waters of California, 
               or Her Designee, Debatable for 20 Minutes

  Add at the end the following:

SEC. 17. DEFENSE AGAINST GAG ORDERS.

  A person who has received a non-disclosure order in 
connection with records provided under the provisions of law 
amended by sections 215 and 505 of the USA PATRIOT ACT may not 
be penalized for a disclosure if the disclosing person is 
mentally incompetent or under undue stress, or for a disclosure 
made because of a threat of bodily harm or a threat to 
discharge the disclosing person from employment. In order to 
avoid the penalty, the disclosing person must notify the 
Federal Bureau of Investigation immediately of the existence of 
the circumstance constituting the exemption.
                              ----------                              


      7. An Amendment To Be Offered by Representative Delahunt of 
        Massachusetts, or His Designee, Debatable for 20 Minutes

  Add at the end the following:

SEC. 9. 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)''.
                              ----------                              


 8. An Amendment To Be Offered by Representative Flake of Arizona, or 
                 His Designee, Debatable for 20 Minutes

  Add at the end the following:

SEC. 17. 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.''.
                              ----------                              


 9. An Amendment To Be Offered by Representative Berman of California, 
               or His Designee, Debatable for 10 Minutes

  Add at the end the following:

SEC. 17. REPORT BY ATTORNEY GENERAL.

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


10. An Amendment To Be Offered by Representative Lungren of California, 
               or His Designee, Debatable for 20 Minutes

  Add at the end the following:

SEC. ___. 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''.
                              ----------                              


11. An Amendment To Be Offered by Representative Schiff of California, 
               or His Designee, Debatable for 20 Minutes

  Add at the end the following:

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

SEC. _01. SHORT TITLE.

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

SEC. _02. 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. _03. 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. _04. USE OF A DANGEROUS WEAPON OR EXPLOSIVE ON A PASSENGER VESSEL.

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

SEC. _05. 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. _06. TRANSPORTATION OF DANGEROUS MATERIALS AND TERRORISTS.

  (a) Transportation of Dangerous Materials and Terrorists.--
Chapter 111 of title 18, as amended by section _05, 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 _05, 
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. _07. DESTRUCTION OF, OR INTERFERENCE WITH, VESSELS OR MARITIME 
                    FACILITIES.

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

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

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

``Sec. 2290. Jurisdiction and scope

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

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

  ``(a) Offense.--Whoever intentionally--
          ``(1) sets fire to, damages, destroys, disables, or 
        wrecks any vessel;
          ``(2) places or causes to be placed a destructive 
        device, as defined in section 921(a)(4), destructive 
        substance, as defined in section 31(a)(3), or an 
        explosive, as defined in section 844(j) in, upon, or 
        near, or otherwise makes or causes to be made 
        unworkable or unusable or hazardous to work or use, any 
        vessel, or any part or other materials used or intended 
        to be used in connection with the operation of a 
        vessel;
          ``(3) sets fire to, damages, destroys, or disables or 
        places a destructive device or substance in, upon, or 
        near, any maritime facility, including any aid to 
        navigation, lock, canal, or vessel traffic service 
        facility or equipment;
          ``(4) interferes by force or violence with the 
        operation of any maritime facility, including any aid 
        to navigation, lock, canal, or vessel traffic service 
        facility or equipment, if such action is likely to 
        endanger the safety of any vessel in navigation;
          ``(5) sets fire to, damages, destroys, or disables or 
        places a destructive device or substance in, upon, or 
        near, any appliance, structure, property, machine, or 
        apparatus, or any facility or other material used, or 
        intended to be used, in connection with the operation, 
        maintenance, loading, unloading, or storage of any 
        vessel or any passenger or cargo carried or intended to 
        be carried on any vessel;
          ``(6) performs an act of violence against or 
        incapacitates any individual on any vessel, if such act 
        of violence or incapacitation is likely to endanger the 
        safety of the vessel or those on board;
          ``(7) performs an act of violence against a person 
        that causes or is likely to cause serious bodily 
        injury, as defined in section 1365(h)(3), in, upon, or 
        near, any appliance, structure, property, machine, or 
        apparatus, or any facility or other material used, or 
        intended to be used, in connection with the operation, 
        maintenance, loading, unloading, or storage of any 
        vessel or any passenger or cargo carried or intended to 
        be carried on any vessel;
          ``(8) communicates information, knowing the 
        information to be false and under circumstances in 
        which such information may reasonably be believed, 
        thereby endangering the safety of any vessel in 
        navigation; or
          ``(9) attempts or conspires to do anything prohibited 
        under paragraphs (1) through (8),
shall be fined under this title or imprisoned not more than 30 
years, or both.
  ``(b) Limitation.--Subsection (a) shall not apply to any 
person that is engaging in otherwise lawful activity, such as 
normal repair and salvage activities, and the transportation of 
hazardous materials regulated and allowed to be transported 
under chapter 51 of title 49.
  ``(c) Penalty.--Whoever is fined or imprisoned under 
subsection (a) as a result of an act involving a vessel that, 
at the time of the violation, carried high-level radioactive 
waste (as that term is defined in section 2(12) of the Nuclear 
Waste Policy Act of 1982 (42 U.S.C. 10101(12)) or spent nuclear 
fuel (as that term is defined in section 2(23) of the Nuclear 
Waste Policy Act of 1982 (42 U.S.C. 10101(23)), shall be fined 
under this title, imprisoned for a term up to life, or both.
  ``(d) Death Penalty.--If the death of any individual results 
from an offense under subsection (a) the offender shall be 
punished by death or imprisonment for any term or years or for 
life.
  ``(e) Threats.--Whoever knowingly imparts or conveys any 
threat to do an act which would violate this chapter, with an 
apparent determination and will to carry the threat into 
execution, shall be fined under this title or imprisoned not 
more than 5 years, or both, and is liable for all costs 
incurred as a result of such threat.

``Sec. 2292. Imparting or conveying false information

  ``(a) In General.--Whoever imparts or conveys or causes to be 
imparted or conveyed false information, knowing the information 
to be false, concerning an attempt or alleged attempt being 
made or to be made, to do any act that would be a crime 
prohibited by this chapter or by chapter 111 of this title, 
shall be subject to a civil penalty of not more than $5,000, 
which shall be recoverable in a civil action brought in the 
name of the United States.
  ``(b) Malicious Conduct.--Whoever knowingly, or with reckless 
disregard for the safety of human life, imparts or conveys or 
causes to be imparted or conveyed false information, knowing 
the information to be false, concerning an attempt or alleged 
attempt to do any act which would be a crime prohibited by this 
chapter or by chapter 111 of this title, shall be fined under 
this title or imprisoned not more than 5 years.''.
  (c) Conforming Amendment.--The table of chapters at the 
beginning of title 18, United States Code, is amended by 
inserting after the item for chapter 111 the following:

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

SEC. _08. 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''
                          (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. _09. 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. _10. 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. _11. BRIBERY AFFECTING PORT SECURITY.

  (a) In General.--Chapter 11 of title 18, United States Code, 
is amended by adding at the end the following:

``Sec. 226. Bribery affecting port security

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

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

SEC. _11. 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. _12. 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''.
                              ----------                              


    12. An Amendment To Be Offered by Representative Coble of North 
          Carolina, or His Designee, Debatable for 10 Minutes

  Add at the end the following (and make such technical and 
conforming changes as may be appropriate):

SECTION 17. PENAL PROVISIONS REGARDING TRAFFICKING IN CONTRABAND 
                    CIGARETTES OR SMOKELESS TOBACCO.

  (a) Threshold Quantity for Treatment as Contraband 
Cigarettes.--(1) Section 2341(2) of title 18, United States 
Code, is amended by striking ``60,000 cigarettes'' and 
inserting ``10,000 cigarettes''.
  (2) Section 2342(b) of that title is amended by striking 
``60,000'' and inserting ``10,000''.
  (3) Section 2343 of that title is amended--
          (A) in subsection (a), by striking ``60,000'' and 
        inserting ``10,000''; and
          (B) in subsection (b), by striking ``60,000'' and 
        inserting ``10,000''.
  (b) Contraband Smokeless Tobacco.--(1) Section 2341 of that 
title is amended--
          (A) in paragraph (4), by striking ``and'' at the end;
          (B) in paragraph (5), by striking the period at the 
        end and inserting a semicolon; and
          (C) by adding at the end the following new 
        paragraphs:
          ``(6) the term `smokeless tobacco' means any finely 
        cut, ground, powdered, or leaf tobacco that is intended 
        to be placed in the oral or nasal cavity or otherwise 
        consumed without being combusted;
          ``(7) the term `contraband smokeless tobacco' means a 
        quantity in excess of 500 single-unit consumer-sized 
        cans or packages of smokeless tobacco, or their 
        equivalent, that are in the possession of any person 
        other than--
                  ``(A) a person holding a permit issued 
                pursuant to chapter 52 of the Internal Revenue 
                Code of 1986 as manufacturer of tobacco 
                products or as an export warehouse proprietor, 
                a person operating a customs bonded warehouse 
                pursuant to section 311 or 555 of the Tariff 
                Act of 1930 (19 U.S.C. 1311, 1555), or an agent 
                of such person;
                  ``(B) a common carrier transporting such 
                smokeless tobacco under a proper bill of lading 
                or freight bill which states the quantity, 
                source, and designation of such smokeless 
                tobacco;
                  ``(C) a person who--
                          ``(i) is licensed or otherwise 
                        authorized by the State where such 
                        smokeless tobacco is found to engage in 
                        the business of selling or distributing 
                        tobacco products; and
                          ``(ii) has complied with the 
                        accounting, tax, and payment 
                        requirements relating to such license 
                        or authorization with respect to such 
                        smokeless tobacco; or
                  ``(D) an officer, employee, or agent of the 
                United States or a State, or any department, 
                agency, or instrumentality of the United States 
                or a State (including any political subdivision 
                of a State), having possession of such 
                smokeless tobacco in connection with the 
                performance of official duties;''.
  (2) Section 2342(a) of that title is amended by inserting 
``or contraband smokeless tobacco'' after ``contraband 
cigarettes''.
  (3) Section 2343(a) of that title is amended by inserting ``, 
or any quantity of smokeless tobacco in excess of 500 single-
unit consumer-sized cans or packages,'' before ``in a single 
transaction''.
  (4) Section 2344(c) of that title is amended by inserting 
``or contraband smokeless tobacco'' after ``contraband 
cigarettes''.
  (5) Section 2345 of that title is amended by inserting ``or 
smokeless tobacco'' after ``cigarettes'' each place it appears.
  (6) Section 2341 of that title is further amended in 
paragraph (2), as amended by subsection (a)(1) of this section, 
in the matter preceding subparagraph (A), by striking ``State 
cigarette taxes in the State where such cigarettes are found, 
if the State'' and inserting ``State or local cigarette taxes 
in the State or locality where such cigarettes are found, if 
the State or local government'';
  (c) Recordkeeping, Reporting, and Inspection.--Section 2343 
of that title, as amended by this section, is further amended--
          (1) in subsection (a)--
                  (A) in the matter preceding paragraph (1), by 
                striking ``only--'' and inserting ``such 
                information as the Attorney General considers 
                appropriate for purposes of enforcement of this 
                chapter, including--''; and
                  (B) in the flush matter following paragraph 
                (3), by striking the second sentence;
          (2) by redesignating subsection (b) as subsection 
        (c);
          (3) by inserting after subsection (a) the following 
        new subsection (b):
  ``(b) Any person, except for a tribal government, who engages 
in a delivery sale, and who ships, sells, or distributes any 
quantity in excess of 10,000 cigarettes, or any quantity in 
excess of 500 single-unit consumer-sized cans or packages of 
smokeless tobacco, or their equivalent, within a single month, 
shall submit to the Attorney General, pursuant to rules or 
regulations prescribed by the Attorney General, a report that 
sets forth the following:
          ``(1) The person's beginning and ending inventory of 
        cigarettes and cans or packages of smokeless tobacco 
        (in total) for such month.
          ``(2) The total quantity of cigarettes and cans or 
        packages of smokeless tobacco that the person received 
        within such month from each other person (itemized by 
        name and address).
          ``(3) The total quantity of cigarettes and cans or 
        packages of smokeless tobacco that the person 
        distributed within such month to each person (itemized 
        by name and address) other than a retail purchaser.''; 
        and
          (4) by adding at the end the following new 
        subsections:
  ``(d) Any report required to be submitted under this chapter 
to the Attorney General shall also be submitted to the 
Secretary of the Treasury and to the attorneys general and the 
tax administrators of the States from where the shipments, 
deliveries, or distributions both originated and concluded.
  ``(e) In this section, the term `delivery sale' means any 
sale of cigarettes or smokeless tobacco in interstate commerce 
to a consumer if--
          ``(1) the consumer submits the order for such sale by 
        means of a telephone or other method of voice 
        transmission, the mails, or the Internet or other 
        online service, or by any other means where the 
        consumer is not in the same physical location as the 
        seller when the purchase or offer of sale is made; or
          ``(2) the cigarettes or smokeless tobacco are 
        delivered by use of the mails, common carrier, private 
        delivery service, or any other means where the consumer 
        is not in the same physical location as the seller when 
        the consumer obtains physical possession of the 
        cigarettes or smokeless tobacco.
  ``(f) In this section, the term `interstate commerce' means 
commerce between a State and any place outside the State, or 
commerce between points in the same State but through any place 
outside the State.''.
  (d) Disposal or Use of Forfeited Cigarettes and Smokeless 
Tobacco.--Section 2344(c) of that title, as amended by this 
section, is further amended by striking ``seizure and 
forfeiture,'' and all that follows and inserting ``seizure and 
forfeiture, and any cigarettes or smokeless tobacco so seized 
and forfeited shall be either--
          ``(1) destroyed and not resold; or
          ``(2) used for undercover investigative operations 
        for the detection and prosecution of crimes, and then 
        destroyed and not resold.''.
  (e) Effect on State and Local Law.--Section 2345 of that 
title is amended--
          (1) in subsection (a), by striking ``a State to enact 
        and enforce'' and inserting ``a State or local 
        government to enact and enforce its own''; and
          (2) in subsection (b), by striking ``of States, 
        through interstate compact or otherwise, to provide for 
        the administration of State'' and inserting ``of State 
        or local governments, through interstate compact or 
        otherwise, to provide for the administration of State 
        or local''.
  (f) Enforcement.--Section 2346 of that title is amended--
          (1) by inserting ``(a)'' before ``The Attorney 
        General''; and
          (2) by adding at the end the following new 
        subsection:
  ``(b)(1) A State, through its attorney general, a local 
government, through its chief law enforcement officer (or a 
designee thereof), or any person who holds a permit under 
chapter 52 of the Internal Revenue Code of 1986, may bring an 
action in the United States district courts to prevent and 
restrain violations of this chapter by any person (or by any 
person controlling such person), except that any person who 
holds a permit under chapter 52 of the Internal Revenue Code of 
1986 may not bring such an action against a State or local 
government.
  ``(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 against any 
unconsented lawsuit under this chapter, or otherwise to 
restrict, expand, or modify any sovereign immunity of a State 
or local government.
  ``(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 tobacco2341''.
                    ____________________________________________________

 13. An Amendment To Be Offered by Representative Carter of Texas, or 
                 His Designee, Debatable for 20 Minutes

  Add at the end the following:

             TITLE __--TERRORIST DEATH PENALTY ENHANCEMENT

SEC. _01. SHORT TITLE.

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

            Subtitle A--Terrorist Penalties Enhancement Act

SEC. _11. 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. _12. DENIAL OF FEDERAL BENEFITS TO TERRORISTS.

  (a) In General.--Chapter 113B of title 18, United States 
Code, as amended by section _11 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 _11 of this subtitle, is further amended 
by adding at the end the following new item:

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

SEC. _13. 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. _14. 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. _15. 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. _21. 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. _31. MODIFICATION OF DEATH PENALTY PROVISIONS.

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


14. An Amendment To Be Offered by Representative Hart of Pennsylvania, 
               or Her Designee, Debatable for 10 Minutes

  Add at the end the following:

                TITLE __--COMBATING TERRORISM FINANCING

SECTION _01. SHORT TITLE.

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

SEC. _02. 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. _03. 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. _04. 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. _05. 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. _06. TECHNICAL AND CONFORMING AMENDMENTS RELATING TO THE USA 
                    PATRIOT ACT.

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

``Sec. 987. Anti-terrorist forfeiture protection

  ``(a) Right to Contest.--An owner of property that is 
confiscated under this chapter or any other provision of law 
relating to the confiscation of assets of suspected 
international terrorists, may contest that confiscation by 
filing a claim in the manner set forth in the Federal Rules of 
Civil Procedure (Supplemental Rules for Certain Admiralty and 
Maritime Claims), and asserting as an affirmative defense 
that--
          ``(1) the property is not subject to confiscation 
        under such provision of law; or
          ``(2) the innocent owner provisions of section 983(d) 
        apply to the case.
  ``(b) Evidence.--In considering a claim filed under this 
section, a court may admit evidence that is otherwise 
inadmissible under the Federal Rules of Evidence, if the court 
determines that the evidence is reliable, and that compliance 
with the Federal Rules of Evidence may jeopardize the national 
security interests of the United States.
  ``(c) Clarifications.--
          ``(1) Protection of rights.--The exclusion of certain 
        provisions of Federal law from the definition of the 
        term `civil forfeiture statute' in section 983(i) shall 
        not be construed to deny an owner of property the right 
        to contest the confiscation of assets of suspected 
        international terrorists under--
                  ``(A) subsection (a) of this section;
                  ``(B) the Constitution; or
                  ``(C) subchapter II of chapter 5 of title 5, 
                United States Code (commonly known as the 
                `Administrative Procedure Act').
          ``(2) Savings clause.--Nothing in this section shall 
        limit or otherwise affect any other remedies that may 
        be available to an owner of property under section 983 
        or any other provision of law.''; and
                  (B) in the chapter analysis, by inserting at 
                the end the following:

``987. Anti-terrorist forfeiture protection.''.

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

SEC. _07. 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. _08. 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. _09. 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. _10. 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''.
                              ----------                              


15. An Amendment To Be Offered by Representative Jackson-Lee of Texas, 
               or Her Designee, Debatable for 10 Minutes

  Add at the end the following:

SEC. 17. FORFEITURE.

  Section 981(a)(1)(G) of title 18, United States Code, is 
amended by adding at the end the following:
                  ``(iv) notwithstanding any other provision of 
                law, shall be subject to execution or 
                attachment in aid of execution in order to 
                satisfy such judgment to the extent of any 
                compensatory damages for which such terrorist 
                organization has been adjudged liable.''.
                              ----------                              


 16. An Amendment To Be Offered by Representative Hyde of Illinois, or 
                 His Designee, Debatable for 20 Minutes

  Add at the end the following:

SEC. __. 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)).''.
                              ----------                              


17. An Amendment To Be Offered by Representative Meeks of New York, or 
                 His Designee, Debatable for 10 Minutes

  At the end of the bill, insert the following new section:

SEC. 17. PRESERVATION OF MONEY SERVICES BUSINESSES.

  (a) Findings.--The Congress finds as follows:
          (1) Title III of the USA PATRIOT ACT provided United 
        States law enforcement agencies with new tools to 
        combat terrorist financing and money laundering.
          (2) The Financial Crimes Enforcement Network in the 
        Department of the Treasury (hereafter in this section 
        referred to as ``FinCEN'') has defined money services 
        businesses to include the following 5 distinct types of 
        financial services providers as well as the United 
        States Postal Service:
                  (A) Currency dealers or exchanges.
                  (B) Check cashing services.
                  (C) Issuers of travelers' checks, money 
                orders, or stored value cards.
                  (D) Sellers or redeemers of travelers' 
                checks, money orders, or stored value cards.
                  (E) Money transmitters.
          (3) Money services businesses have had more 
        difficulty in obtaining and maintaining banking 
        services since the passage of the USA PATRIOT ACT.
          (4) On March 30, 2005, FinCEN and the Federal banking 
        agencies (as defined in section 3 of the Federal 
        Deposit Insurance Act) issued a joint statement 
        recognizing the importance of ensuring that money 
        services businesses that comply with the law have 
        reasonable access to banking services.
          (5) On April 26, 2005, FinCEN offered guidance to 
        money service businesses on obtaining and maintaining 
        banking services by identifying and explaining to money 
        services businesses the types of information and 
        documentation they are expected to have, and to provide 
        to, depository institutions when conducting banking 
        business.
          (6) At the same time, FinCEN and the Federal banking 
        agencies have issued joint guidance to depository 
        institutions to--
                  (A) clarify the requirements of subchapter II 
                of chapter 53 of title 31, United States Code, 
                and related provisions of law; and
                  (B) set forth the minimum steps that 
                depository institutions should take when 
                providing banking services to money services 
                businesses.
          (7) It is in the interest of the United States and 
        its allies in the wars against terrorism and drugs to 
        make certain that the international transfer of funds 
        is done in a rules-based, formal, and transparent 
        manner and that individuals are not forced into 
        utilizing informal underground methods due to a lack of 
        services.
  (b) Sense of the Congress.--It is the sense of the Congress 
that depository institutions and money services businesses 
should follow the guidance offered by FinCEN for the purpose of 
giving money services businesses full access to banking 
services and ensuring that money services businesses remain in 
the mainstream financial system and can be full players in 
providing important financial services to their customers and 
be fully cooperative in the fight against terrorist financing 
and money laundering.
                              ----------                              


18. An Amendment To Be Offered by Representative Sessions of Texas, or 
                 His Designee, Debatable for 10 Minutes

  Add at the end the following:

SEC. 17. 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)''.
                              ----------                              


19. An Amendment To Be Offered by Representative Paul of Texas, or His 
                   Designee, Debatable for 10 Minutes

  Add at the end the following:

SEC. 17. 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.
                              ----------                              


20. An Amendment To Be Offered by Representative Lowey of New York, or 
                 Her Designee, Debatable for 10 Minutes

  At the end of the bill, insert the following new sections:

SECTION 10. REPEAL OF FIRST RESPONDER GRANT PROGRAM.

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

SEC. 11. FASTER AND SMARTER FUNDING FOR FIRST RESPONDERS.

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

               ``TITLE XVIII--FUNDING FOR FIRST RESPONDERS

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

          (2) by adding at the end the following:

              ``TITLE XVIII--FUNDING FOR FIRST RESPONDERS

``SEC. 1801. DEFINITIONS.

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

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

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

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

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

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

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

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

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

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

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

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

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

SEC. 12. 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. 13. 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. 14. 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.

                                  
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