39–008 

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 proVerDate Aug 04 2004 09:28 Jul 21, 2005 Jkt 039008 PO 00000 Frm 00001 Fmt 6659 Sfmt 6602 E:\HR\OC\HR178.XXX HR178
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ponent 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 

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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; 

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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. 

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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 

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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 

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‘‘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 local governments, 

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, diVerDate Aug 04 2004 09:28 Jul 21, 2005 Jkt 039008 PO 00000 Frm 00007 Fmt 6659 Sfmt 6602 E:\HR\OC\HR178.XXX HR178
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rectly 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. 

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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.’’. 

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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 

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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— 

12 

‘‘(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’’. 

13 

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’’. 

14 

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 PRODUC- TION 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. ll. 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: 

‘‘§ 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— 

15 

‘‘(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 ontrack 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 highwayrailroad 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, 

16 

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 21⁄2 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, 

17 

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 

18 

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. ll. 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: 

‘‘§ 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 interVerDate Aug 04 2004 09:28 Jul 21, 2005 Jkt 039008 PO 00000 Frm 00018 Fmt 6659 Sfmt 6602 E:\HR\OC\HR178.XXX HR178
19 

fere 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 

20 

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. ll. 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 conVerDate Aug 04 2004 09:28 Jul 21, 2005 Jkt 039008 PO 00000 Frm 00020 Fmt 6659 Sfmt 6602 E:\HR\OC\HR178.XXX HR178
21 

sumer 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 

22 

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. ll. 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.’’. 

23 

SEC. ll. 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.’’. 

24 

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 datamining 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 

25 

(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. lll. 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’’. 

26 

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 ll—REDUCING CRIME AND 

TERRORISM AT AMERICA’S SEAPORTS 

SEC. l01. SHORT TITLE. 

This title may be cited as the ‘‘Reducing Crime and Terrorism at 

America’s Seaports Act of 2005’’. 

SEC. l02. 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: 

‘‘§ 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: 

‘‘§ 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.’’. 

27 

SEC. l03. 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: 

‘‘§ 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.’’. 

28 

SEC. l04. 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. l05. 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: 

‘‘§ 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 

29 

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: 

‘‘§ 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. l06. TRANSPORTATION OF DANGEROUS MATERIALS AND TERRORISTS. 

(a) TRANSPORTATION OF DANGEROUS MATERIALS AND TERRORISTS.—Chapter 111 of title 18, as amended by section l05, is further amended by adding at the end the following: 

‘‘§ 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 jurisVerDate Aug 04 2004 09:28 Jul 21, 2005 Jkt 039008 PO 00000 Frm 00029 Fmt 6659 Sfmt 6602 E:\HR\OC\HR178.XXX HR178
30 

diction 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)). 

‘‘§ 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 l05, 

is further amended by adding at the end the following: 

31 

‘‘2283. Transportation of explosive, chemical, biological, or radioactive or nuclear 

materials. 

‘‘2284. Transportation of terrorists.’’. 

SEC. l07. 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. 

‘‘§ 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. 

‘‘§ 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; 

32 

‘‘(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. 

‘‘§ 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 

33 

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. l08. 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— 

34 

(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. l09. 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. l10. 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 

35 

‘‘(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. l11. BRIBERY AFFECTING PORT SECURITY. 

(a) IN GENERAL.—Chapter 11 of title 18, United States Code, is 

amended by adding at the end the following: 

‘‘§ 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. l11. 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. l12. 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: 

‘‘§ 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 exporVerDate Aug 04 2004 09:28 Jul 21, 2005 Jkt 039008 PO 00000 Frm 00035 Fmt 6659 Sfmt 6602 E:\HR\OC\HR178.XXX HR178
36 

tation, 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; 

37 

‘‘(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): 

38 

‘‘(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 singleunit 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 

39 

(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: 

‘‘§ 2343. Recordkeeping, reporting, and inspection’’. 

(2) The section heading for section 2345 of such title is amended 

to read as follows: 

‘‘§ 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 

40 

(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 tobacco ...... 2341’’. 

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 ll—TERRORIST DEATH 

PENALTY ENHANCEMENT 

SEC. l01. SHORT TITLE. 

This title may be cited as the ‘‘Terrorist Death Penalty Enhancement Act of 2005’’. 

Subtitle A—Terrorist Penalties 

Enhancement Act 

SEC. l11. 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: 

‘‘§ 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).’’. 

41 

(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. l12. DENIAL OF FEDERAL BENEFITS TO TERRORISTS. 

(a) IN GENERAL.—Chapter 113B of title 18, United States Code, 

as amended by section l11 of this subtitle, is further amended by 

adding at the end the following: 

‘‘§ 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 l11 of this subtitle, is further amended by adding 

at the end the following new item: 

‘‘2339E. Denial of federal benefits to terrorists.’’. 

SEC. l13. 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’, 

42 

and shall be construed as when that term is used in section 

3592(c)(6) of title 18, United States Code.’’. 

SEC. l14. 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. l15. 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. l21. 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. l31. 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); 

43 

(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: 

44 

TITLE ll—COMBATING TERRORISM 

FINANCING 

SECTION l01. SHORT TITLE. 

This title may be cited as the ‘‘Combating Terrorism Financing 

Act of 2005’’. 

SEC. l02. 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. l03. 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.’’. 

45 

(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. l04. 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. l05. 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. l06. 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’’. 

46 

(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: 

‘‘§ 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.— 

47 

(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. l07. 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. l08. 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. l09. 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. l10. 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: 

48 

SEC. ll. 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; 

49 

‘‘(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. 

50 

(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: 

51 

‘‘(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. 

52 

‘‘(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 agreeVerDate Aug 04 2004 09:28 Jul 21, 2005 Jkt 039008 PO 00000 Frm 00052 Fmt 6659 Sfmt 6602 E:\HR\OC\HR178.XXX HR178
53 

ment 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.). 

54 

‘‘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. 

55 

‘‘(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; 

56 

‘‘(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). 

57 

‘‘(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 

58 

‘‘(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 

59 

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 

60 

(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. 

61 

‘‘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. 

62 

‘‘(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 

63 

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 

64 

‘‘(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. 

65 

‘‘(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 arVerDate Aug 04 2004 09:28 Jul 21, 2005 Jkt 039008 PO 00000 Frm 00065 Fmt 6659 Sfmt 6602 E:\HR\OC\HR178.XXX HR178
66 

rangements 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. 

67 

‘‘(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— 

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‘‘(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.— 

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‘‘(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 

70 

‘‘(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 nonDepartment of Homeland Security training courses that are 

71 

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 perVerDate Aug 04 2004 09:28 Jul 21, 2005 Jkt 039008 PO 00000 Frm 00071 Fmt 6659 Sfmt 6602 E:\HR\OC\HR178.XXX HR178
72 

cent 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. 

Æ