109TH CONGRESS 

1ST SESSION H. R. 3199

AN ACT

To extend and modify authorities needed to combat 

terrorism, and for other purposes. 

109TH CONGRESS 

1ST SESSION H. R. 3199

AN ACT

To extend and modify authorities needed to combat 

terrorism, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘USA PATRIOT and Terrorism Prevention Reauthoriza4 tion Act of 2005’’. 

5 (b) TABLE OF CONTENTS.—The table of contents for 

6 this Act is as follows:

Sec. 1. Short title; table of contents. 

TITLE I—USA PATRIOT AND TERRORISM PREVENTION 

REAUTHORIZATION ACT 

Sec. 101. References to USA Patriot Act. 

Sec. 102. USA Patriot Act sunset provisions. 

Sec. 103. Repeal of sunset provision relating to individual terrorists as agents 

of foreign powers. 

Sec. 104. Repeal of sunset provision relating to section 2332b and the material 

support sections of title 18, United States Code. 

Sec. 105. Sharing of electronic, wire, and oral interception information under 

section 203(b) of the USA Patriot Act. 

Sec. 106. Duration of FISA surveillance of non-United States persons under 

section 207 of the USA Patriot Act. 

Sec. 107. Access to certain business records under section 215 of the USA Patriot Act. 

Sec. 108. Report on emergency disclosures under section 212 of the USA Patriot Act. 

Sec. 109. Specificity and notification for roving surveillance authority under 

section 206 of the USA Patriot Act. 

Sec. 110. Prohibition on planning terrorist attacks on mass transportation. 

Sec. 111. Forfeiture. 

Sec. 112. Adding offenses to the definition of Federal crime of terrorism. 

Sec. 113. Amendments to section 2516(1) of title 18, United States Code. 

Sec. 114. Definition of period of reasonable delay under section 213 of the USA 

Patriot Act. 

Sec. 115. Attacks against railroad carriers and mass transportation systems. 

Sec. 116. Judicial review of national security letters. 

Sec. 117. Confidentiality of national security letters. 

Sec. 118. Violations of nondisclosure provisions of national security letters. 

Sec. 119. Reports. 

Sec. 120. Definition for forfeiture provisions under section 806 of the USA Patriot Act. 

Sec. 121. Limitation on authority to delay notice. 

Sec. 122. Interception of communications. 

Sec. 123. Penal provisions regarding trafficking in contraband cigarettes or 

smokeless tobacco. 

Sec. 124. Prohibition of narco-terrorism. 

Sec. 125. Interfering with the operation of an aircraft. 

Sec. 126. Sense of Congress relating to lawful political activity. 

Sec. 127. Repeal of first responder grant program. 

Sec. 128. Faster and smarter funding for first responders. 
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Sec. 129. Oversight. 

Sec. 130. GAO report on an inventory and status of homeland security first responder training. 

Sec. 131. Removal of civil liability barriers that discourage the donation of fire 

equipment to volunteer fire companies. 

Sec. 132. Report by Attorney General. 

Sec. 133. Sense of Congress. 

TITLE II—TERRORIST DEATH PENALTY ENHANCEMENT 

Sec. 201. Short title. 

Subtitle A—Terrorist Penalties Enhancement Act 

Sec. 211. Terrorist offense resulting in death. 

Sec. 212. Denial of Federal benefits to terrorists. 

Sec. 213. Death penalty procedures for certain air piracy cases occurring before 

enactment of the Federal Death Penalty Act of 1994. 

Sec. 214. Ensuring death penalty for terrorist offenses which create grave risk 

of death. 

Sec. 215. Postrelease supervision of terrorists. 

Subtitle B—Prevention of Terrorist Access to Destructive Weapons Act 

Sec. 221. Death penalty for certain terror related crimes. 

Subtitle C—Federal Death Penalty Procedures 

Sec. 231. Modification of death penalty provisions. 

TITLE III—REDUCING CRIME AND TERRORISM AT AMERICA’S 

SEAPORTS 

Sec. 301. Short title. 

Sec. 302. Entry by false pretenses to any seaport. 

Sec. 303. Criminal sanctions for failure to heave to, obstruction of boarding, or 

providing false information. 

Sec. 304. Use of a dangerous weapon or explosive on a passenger vessel. 

Sec. 305. Criminal sanctions for violence against maritime navigation, placement of destructive devices. 

Sec. 306. Transportation of dangerous materials and terrorists. 

Sec. 307. Destruction of, or interference with, vessels or maritime facilities. 

Sec. 308. Theft of interstate or foreign shipments or vessels. 

Sec. 309. Increased penalties for noncompliance with manifest requirements. 

Sec. 310. Stowaways on vessels or aircraft. 

Sec. 311. Bribery affecting port security. 

Sec. 312. Penalties for smuggling goods into the United States. 

Sec. 313. Smuggling goods from the United States. 

TITLE IV—COMBATING TERRORISM FINANCING 

Sec. 401. Short title. 

Sec. 402. Increased penalties for terrorism financing. 

Sec. 403. Terrorism-related specified activities for money laundering. 

Sec. 404. Assets of persons committing terrorist acts against foreign countries 

or international organizations. 

Sec. 405. Money laundering through Hawalas. 
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Sec. 406. Technical and conforming amendments relating to the USA Patriot 

Act. 

Sec. 407. Technical corrections to financing of terrorism statute. 

Sec. 408. Cross reference correction. 

Sec. 409. Amendment to amendatory language. 

Sec. 410. Designation of additional money laundering predicate.

1 TITLE I—USA PATRIOT AND TER2 RORISM PREVENTION REAU3 THORIZATION ACT 

4 SEC. 101. REFERENCES TO USA PATRIOT ACT. 

5 A reference in this Act to the USA PATRIOT ACT 

6 shall be deemed a reference to the Uniting and Strength7 ening America by Providing Appropriate Tools Required 

8 to Intercept and Obstruct Terrorism (USA PATRIOT 

9 ACT) Act of 2001. 

10 SEC. 102. USA PATRIOT ACT SUNSET PROVISIONS. 

11 (a) IN GENERAL.—Section 224 of the USA PA12 TRIOT ACT is repealed. 

13 (b) SECTIONS 206 AND 215 SUNSET.—Effective De14 cember 31, 2015, the Foreign Intelligence Surveillance 

15 Act of 1978 is amended so that sections 501, 502, and 

16 105(c)(2) read as they read on October 25, 2001. 

17 SEC. 103. REPEAL OF SUNSET PROVISION RELATING TO IN18 DIVIDUAL TERRORISTS AS AGENTS OF FOR19 EIGN POWERS. 

20 Section 6001 of the Intelligence Reform and Ter21 rorism Prevention Act of 2004 (Public Law 108–458; 118 

22 Stat. 3742) is amended by—
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1 (1) striking subsection (b); and 

2 (2) striking ‘‘(a)’’ and all that follows through 

3 ‘‘Section’’ and inserting ‘‘Section’’. 

4 SEC. 104. REPEAL OF SUNSET PROVISION RELATING TO 

5 SECTION 2332B AND THE MATERIAL SUPPORT 

6 SECTIONS OF TITLE 18, UNITED STATES 

7 CODE. 

8 Section 6603 of the Intelligence Reform and Ter9 rorism Prevention Act of 2004 (Public Law 108–458; 118 

10 Stat. 3762) is amended by striking subsection (g). 

11 SEC. 105. SHARING OF ELECTRONIC, WIRE, AND ORAL 

12 INTERCEPTION INFORMATION UNDER SEC13 TION 203(B) OF THE USA PATRIOT ACT. 

14 Section 2517(6) of title 18, United States Code, is 

15 amended by adding at the end the following: ‘‘Within a 

16 reasonable time after a disclosure of the contents of a 

17 communication under this subsection, an attorney for the 

18 Government shall file, under seal, a notice with a judge 

19 whose order authorized or approved the interception of 

20 that communication, stating the fact that such contents 

21 were disclosed and the departments, agencies, or entities 

22 to which the disclosure was made.’’. 
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1 SEC. 106. DURATION OF FISA SURVEILLANCE OF NON2 UNITED STATES PERSONS UNDER SECTION 

3 207 OF THE USA PATRIOT ACT. 

4 (a) ELECTRONIC SURVEILLANCE.—Section 105(e) of 

5 the Foreign Intelligence Surveillance Act of 1978 (50 

6 U.S.C. 1805(e)) is amended—

7 (1) in paragraph (1)(B), by striking ‘‘, as de8 fined in section 101(b)(1)(A)’’ and inserting ‘‘who is 

9 not a United States person’’; and 

10 (2) in subsection (2)(B), by striking ‘‘as defined 

11 in section 101(b)(1)(A)’’ and inserting ‘‘who is not 

12 a United States person’’. 

13 (b) PHYSICAL SEARCH.—Section 304(d) of such Act 

14 (50 U.S.C. 1824(d)) is amended—

15 (1) in paragraph (1)(B), by striking ‘‘as defined 

16 in section 101(b)(1)(A)’’ and inserting ‘‘who is not 

17 a United States person’’; and 

18 (2) in paragraph (2), by striking ‘‘as defined in 

19 section 101(b)(1)(A)’’ and inserting ‘‘who is not a 

20 United States person’’. 

21 (c) PEN REGISTERS, TRAP AND TRACE DEVICES.—

22 Section 402(e) of such Act (50 U.S.C. 1842(e)) is amend23 ed—

24 (1) by striking ‘‘(e) An’’ and inserting ‘‘(e)(1) 

25 Except as provided in paragraph (2), an’’; and 
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1 (2) by adding at the end the following new 

2 paragraph: 

3 ‘‘(2) In the case of an application under subsection 

4 (c) where the applicant has certified that the information 

5 likely to be obtained is foreign intelligence information not 

6 concerning a United States person, an order, or an exten7 sion of an order, under this section may be for a period 

8 not to exceed one year.’’. 

9 SEC. 107. ACCESS TO CERTAIN BUSINESS RECORDS UNDER 

10 SECTION 215 OF THE USA PATRIOT ACT. 

11 (a) ESTABLISHMENT OF RELEVANCE STANDARD.—

12 Subsection (b)(2) of section 501 of the Foreign Intel13 ligence Surveillance Act of 1978 (50 U.S.C. 1861) is 

14 amended by striking ‘‘to obtain’’ and all that follows and 

15 inserting ‘‘and that the information likely to be obtained 

16 from the tangible things is reasonably expected to be (A) 

17 foreign intelligence information not concerning a United 

18 States person, or (B) relevant to an ongoing investigation 

19 to protect against international terrorism or clandestine 

20 intelligence activities.’’. 

21 (b) CLARIFICATION OF JUDICIAL DISCRETION.—

22 Subsection (c)(1) of such section is amended to read as 

23 follows: 

24 ‘‘(c)(1) Upon an application made pursuant to this 

25 section, if the judge finds that the application meets the 
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1 requirements of subsections (a) and (b), the judge shall 

2 enter an ex parte order as requested, or as modified, ap3 proving the release of records.’’. 

4 (c) AUTHORITY TO DISCLOSE TO ATTORNEY.—Sub5 section (d) of such section is amended to read as follows: 

6 ‘‘(d)(1) No person shall disclose to any person (other 

7 than a qualified person) that the United States has sought 

8 or obtained tangible things under this section. 

9 ‘‘(2) An order under this section shall notify the per10 son to whom the order is directed of the nondisclosure re11 quirement under paragraph (1). 

12 ‘‘(3) Any person to whom an order is directed under 

13 this section who discloses that the United States has 

14 sought to obtain tangible things under this section to a 

15 qualified person with respect to the order shall inform 

16 such qualified person of the nondisclosure requirement 

17 under paragraph (1) and that such qualified person is also 

18 subject to such nondisclosure requirement. 

19 ‘‘(4) A qualified person shall be subject to any non20 disclosure requirement applicable to a person to whom an 

21 order is directed under this section in the same manner 

22 as such person. 

23 ‘‘(5) In this subsection, the term ‘qualified person’ 

24 means—
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1 ‘‘(A) any person necessary to produce the tan2 gible things pursuant to an order under this section; 

3 or 

4 ‘‘(B) an attorney to obtain legal advice with re5 spect to an order under this section.’’. 

6 (d) JUDICIAL REVIEW.—

7 (1) PETITION REVIEW PANEL.—Section 103 of 

8 the Foreign Intelligence Surveillance Act of 1978 

9 (50 U.S.C. 1803) is amended by adding at the end 

10 the following new subsection: 

11 ‘‘(e)(1) Three judges designated under subsection (a) 

12 who reside within 20 miles of the District of Columbia, 

13 or if all of such judges are unavailable, other judges of 

14 the court established under subsection (a) as may be des15 ignated by the Presiding Judge of such court (who is des16 ignated by the Chief Justice of the United States from 

17 among the judges of the court), shall comprise a petition 

18 review panel which shall have jurisdiction to review peti19 tions filed pursuant to section 501(f)(1). 

20 ‘‘(2) Not later than 60 days after the date of the en21 actment of the USA PATRIOT and Terrorism Prevention 

22 Reauthorization Act of 2005, the court established under 

23 subsection (a) shall develop and issue procedures for the 

24 review of petitions filed pursuant to section 501(f)(1) by 

25 the panel established under paragraph (1). Such proce-
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1 dures shall provide that review of a petition shall be con2 ducted ex parte and in camera and shall also provide for 

3 the designation of an Acting Presiding Judge.’’. 

4 (2) PROCEEDINGS.—Section 501 of the Foreign 

5 Intelligence Surveillance Act of 1978 (50 U.S.C. 

6 1861) is further amended by adding at the end the 

7 following new subsection: 

8 ‘‘(f)(1) A person receiving an order to produce any 

9 tangible thing under this section may challenge the legal10 ity of that order by filing a petition in the panel estab11 lished by section 103(e)(1). The Presiding Judge shall 

12 conduct an initial review of the petition. If the Presiding 

13 Judge determines that the petition is frivolous, the Pre14 siding Judge shall immediately deny the petition and 

15 promptly provide a written statement of the reasons for 

16 the determination for the record. If the Presiding Judge 

17 determines that the petition is not frivolous, the Presiding 

18 Judge shall immediately assign the petition to one of the 

19 judges serving on such panel. The assigned judge shall 

20 promptly consider the petition in accordance with proce21 dures developed and issued pursuant to section 103(e)(2). 

22 The judge considering the petition may modify or set aside 

23 the order only if the judge finds that the order does not 

24 meet the requirements of this section or is otherwise un25 lawful. If the judge does not modify or set aside the order, 
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1 the judge shall immediately affirm the order and order the 

2 recipient to comply therewith. A petition for review of a 

3 decision to affirm, modify, or set aside an order by the 

4 United States or any person receiving such order shall be 

5 to the court of review established under section 103(b), 

6 which shall have jurisdiction to consider such petitions. 

7 The court of review shall immediately provide for the 

8 record a written statement of the reasons for its decision 

9 and, on petition of the United States or any person receiv10 ing such order for writ of certiorari, the record shall be 

11 transmitted under seal to the Supreme Court, which shall 

12 have jurisdiction to review such decision. 

13 ‘‘(2) Judicial proceedings under this subsection shall 

14 be concluded as expeditiously as possible. The judge con15 sidering a petition filed under this subsection shall provide 

16 for the record a written statement of the reasons for the 

17 decision. The record of proceedings, including petitions 

18 filed, orders granted, and statements of reasons for deci19 sion, shall be maintained under security measures estab20 lished by the Chief Justice of the United States in con21 sultation with the Attorney General and the Director of 

22 National Intelligence. 

23 ‘‘(3) All petitions under this subsection shall be filed 

24 under seal, and the court, upon the government’s request, 

25 shall review any government submission, which may in-
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1 clude classified information, as well as the government’s 

2 application and related materials, ex parte and in cam3 era.’’. 

4 (e) FBI DIRECTOR REQUIRED TO APPLY FOR ORDER

5 OF PRODUCTION OF RECORDS FROM LIBRARY OR BOOK6 STORE.—Section 501(a) of the Foreign Intelligence Sur7 veillance Act of 1978 (50 U.S.C. 1861(a)) is amended—

8 (1) in paragraph (1), by striking ‘‘The Direc9 tor’’ and inserting ‘‘Subject to paragraph (3), the 

10 Director’’; and 

11 (2) by adding at the end the following new 

12 paragraph: 

13 ‘‘(3) In the case of an application for an order requir14 ing the production of tangible things described in para15 graph (1) from a library or bookstore, the Director of the 

16 Federal Bureau of Investigation shall not delegate the au17 thority to make such application to a designee.’’. 

18 SEC. 108. REPORT ON EMERGENCY DISCLOSURES UNDER 

19 SECTION 212 OF THE USA PATRIOT ACT. 

20 Section 2702 of title 18, United States Code, is 

21 amended by adding at the end the following: 

22 ‘‘(d) REPORT.—On an annual basis, the Attorney 

23 General shall submit to the Committees on the Judiciary 

24 of the House and the Senate a report containing—
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1 ‘‘(1) the number of accounts from which the 

2 Department of Justice has received voluntary disclo3 sures under subsection (b)(8); and 

4 ‘‘(2) a summary of the basis for disclosure in 

5 those instances where—

6 ‘‘(A) voluntary disclosure under subsection 

7 (b)(8) was made to the Department of Justice; 

8 and 

9 ‘‘(B) the investigation pertaining to those 

10 disclosures was closed without the filing of 

11 criminal charges.’’. 

12 SEC. 109. SPECIFICITY AND NOTIFICATION FOR ROVING 

13 SURVEILLANCE AUTHORITY UNDER SECTION 

14 206 OF THE USA PATRIOT ACT. 

15 (a) INCLUSION OF SPECIFIC FACTS IN APPLICA16 TION.—Section 105(c)(2)(B) of the Foreign Intelligence 

17 Surveillance Act of 1978 (50 U.S.C. 1805(c)(2)(B)) is 

18 amended by striking ‘‘where the Court finds’’ and insert19 ing ‘‘where the Court finds, based upon specific facts pro20 vided in the application,’’. 

21 (b) NOTIFICATION OF SURVEILLANCE OF NEW FA22 CILITY OR PLACE.—Section 105(c)(2) of such Act is 

23 amended—

24 (1) in subparagraph (C), by striking ‘‘and’’ at 

25 the end; 
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1 (2) in subparagraph (D), by striking the period 

2 at the end and inserting ‘‘; and’’; and 

3 (3) by adding at the end the following new sub4 paragraph: 

5 ‘‘(E) that, in the case of electronic surveil6 lance directed at a facility or place that is not 

7 known at the time the order is issued, the appli8 cant shall notify a judge having jurisdiction 

9 under section 103 at the earliest reasonable 

10 time as determined by the court, but in no case 

11 later than 15 days, after electronic surveillance 

12 begins to be directed at a new facility or place, 

13 and such notice shall contain a statement of the 

14 facts and circumstances relied upon by the ap15 plicant to justify the belief that the facility or 

16 place at which the electronic surveillance is or 

17 was directed is being used, or is about to be 

18 used, by the target of electronic surveillance 

19 and shall specify the total number of electronic 

20 surveillances that have been or are being con21 ducted under the authority of the order.’’. 

22 SEC. 110. PROHIBITION ON PLANNING TERRORIST AT23 TACKS ON MASS TRANSPORTATION. 

24 Section 1993(a) of title 18, United States Code, is 

25 amended—
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1 (1) by striking ‘‘or’’ at the of paragraph (7); 

2 (2) by redesignating paragraph (8) as para3 graph (9); and 

4 (3) by inserting after paragraph (7) the fol5 lowing: 

6 ‘‘(8) surveils, photographs, videotapes, dia7 grams, or otherwise collects information with the in8 tent to plan or assist in planning any of the acts de9 scribed in the paragraphs (1) through (7); or’’. 

10 SEC. 111. FORFEITURE. 

11 Section 981(a)(1)(B)(i) of title 18, United States 

12 Code, is amended by inserting ‘‘trafficking in nuclear, 

13 chemical, biological, or radiological weapons technology or 

14 material, or’’ after ‘‘involves’’. 

15 SEC. 112. ADDING OFFENSES TO THE DEFINITION OF FED16 ERAL CRIME OF TERRORISM. 

17 Section 2332b)(g)(5)(B)(i) of title 18, United States 

18 Code, is amended—

19 (1) by inserting ‘‘, 2339D (relating to military20 type training from a foreign terrorist organization)’’ 

21 before ‘‘, or 2340A’’; and 

22 (2) by inserting ‘‘832 (relating to nuclear and 

23 weapons of mass destruction threats),’’ after ‘‘831 

24 (relating to nuclear materials),’’. 
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1 SEC. 113. AMENDMENTS TO SECTION 2516(1) OF TITLE 18, 

2 UNITED STATES CODE. 

3 (a) PARAGRAPH (c) AMENDMENT.—Section 

4 2516(1)(c) of title 18, United States Code, is amended—

5 (1) by inserting ‘‘section 37 (relating to violence 

6 at international airports), section 175b (relating to 

7 biological agents or toxins)’’ after ‘‘the following sec8 tions of this title:’’; 

9 (2) by inserting ‘‘section 832 (relating to nu10 clear and weapons of mass destruction threats), sec11 tion 842 (relating to explosive materials), section 

12 930 (relating to possession of weapons in Federal fa13 cilities),’’ after ‘‘section 751 (relating to escape),’’; 

14 (3) by inserting ‘‘section 1114 (relating to offi15 cers and employees of the United States), section 

16 1116 (relating to protection of foreign officials), sec17 tions 1361–1363 (relating to damage to government 

18 buildings and communications), section 1366 (relat19 ing to destruction of an energy facility), ’’ after 

20 ‘‘section 1014 (relating to loans and credit applica21 tions generally; renewals and discounts),’’; 

22 (4) by inserting ‘‘section 1993 (relating to ter23 rorist attacks against mass transportation), sections 

24 2155 and 2156 (relating to national-defense utili25 ties), sections 2280 and 2281 (relating to violence 
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1 against maritime navigation),’’ after ‘‘section 1344 

2 (relating to bank fraud),’’; and 

3 (5) by inserting ‘‘section 2340A (relating to tor4 ture),’’ after ‘‘section 2321 (relating to trafficking in 

5 certain motor vehicles or motor vehicle parts),’’. 

6 (b) PARAGRAPH (p) AMENDMENT.—Section 

7 2516(1)(p) is amended by inserting ‘‘, section 1028A (re8 lating to aggravated identity theft)’’ after ‘‘other docu9 ments’’. 

10 (c) PARAGRAPH (q) AMENDMENT.—Section 

11 2516(1)(q) of title 18 United States Code is amended—

12 (1) by inserting ‘‘2339’’ after ‘‘2232h’’; and 

13 (2) by inserting ‘‘2339D’’ after ‘‘2339C’’. 

14 SEC. 114. DEFINITION OF PERIOD OF REASONABLE DELAY 

15 UNDER SECTION 213 OF THE USA PATRIOT 

16 ACT. 

17 Section 3103a(b)(3) of title 18, United States Code, 

18 is amended—

19 (1) by striking ‘‘of its’’ and inserting ‘‘, which 

20 shall not be more than 180 days, after its’’; and 

21 (2) by inserting ‘‘for additional periods of not 

22 more than 90 days each’’ after ‘‘may be extended’’. 
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1 SEC. 115. ATTACKS AGAINST RAILROAD CARRIERS AND 

2 MASS TRANSPORTATION SYSTEMS. 

3 (a) IN GENERAL.—Chapter 97 of title 18, United 

4 States Code, is amended by striking sections 1992 through 

5 1993 and inserting the following: 

6 ‘‘§ 1992. Terrorist attacks and other violence against 

7 railroad carriers and against mass trans8 portation systems on land, on water, or 

9 through the air 

10 ‘‘(a) GENERAL PROHIBITIONS.—Whoever, in a cir11 cumstance described in subsection (c), knowingly—

12 ‘‘(1) wrecks, derails, sets fire to, or disables 

13 railroad on-track equipment or a mass transpor14 tation vehicle; 

15 ‘‘(2) with intent to endanger the safety of any 

16 person, or with a reckless disregard for the safety of 

17 human life, and without the authorization of the 

18 railroad carrier or mass transportation provider—

19 ‘‘(A) places any biological agent or toxin, 

20 destructive substance, or destructive device in, 

21 upon, or near railroad on-track equipment or a 

22 mass transportation vehicle; or 

23 ‘‘(B) releases a hazardous material or a bi24 ological agent or toxin on or near any property 

25 described in subparagraph (A) or (B) of para26 graph (3); 
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1 ‘‘(3) sets fire to, undermines, makes unwork2 able, unusable, or hazardous to work on or use, or 

3 places any biological agent or toxin, destructive sub4 stance, or destructive device in, upon, or near any—

5 ‘‘(A) tunnel, bridge, viaduct, trestle, track, 

6 electromagnetic guideway, signal, station, depot, 

7 warehouse, terminal, or any other way, struc8 ture, property, or appurtenance used in the op9 eration of, or in support of the operation of, a 

10 railroad carrier, without the authorization of 

11 the railroad carrier, and with intent to, or 

12 knowing or having reason to know such activity 

13 would likely, derail, disable, or wreck railroad 

14 on-track equipment; 

15 ‘‘(B) garage, terminal, structure, track, 

16 electromagnetic guideway, supply, or facility 

17 used in the operation of, or in support of the 

18 operation of, a mass transportation vehicle, 

19 without the authorization of the mass transpor20 tation provider, and with intent to, or knowing 

21 or having reason to know such activity would 

22 likely, derail, disable, or wreck a mass transpor23 tation vehicle used, operated, or employed by a 

24 mass transportation provider; or 
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1 ‘‘(4) removes an appurtenance from, damages, 

2 or otherwise impairs the operation of a railroad sig3 nal system or mass transportation signal or dis4 patching system, including a train control system, 

5 centralized dispatching system, or highway-railroad 

6 grade crossing warning signal, without authorization 

7 from the railroad carrier or mass transportation pro8 vider; 

9 ‘‘(5) with intent to endanger the safety of any 

10 person, or with a reckless disregard for the safety of 

11 human life, interferes with, disables, or incapacitates 

12 any dispatcher, driver, captain, locomotive engineer, 

13 railroad conductor, or other person while the person 

14 is employed in dispatching, operating, or maintain15 ing railroad on-track equipment or a mass transpor16 tation vehicle; 

17 ‘‘(6) commits an act, including the use of a 

18 dangerous weapon, with the intent to cause death or 

19 serious bodily injury to any person who is on prop20 erty described in subparagraph (A) or (B) of para21 graph (3), except that this subparagraph shall not 

22 apply to rail police officers acting in the course of 

23 their law enforcement duties under section 28101 of 

24 title 49, United States Code; 
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1 ‘‘(7) conveys false information, knowing the in2 formation to be false, concerning an attempt or al3 leged attempt that was made, is being made, or is 

4 to be made, to engage in a violation of this sub5 section; or 

6 ‘‘(8) attempts, threatens, or conspires to engage 

7 in any violation of any of paragraphs (1) through 

8 (7), 

9 shall be fined under this title or imprisoned not more than 

10 20 years, or both. 

11 ‘‘(b) AGGRAVATED OFFENSE.—Whoever commits an 

12 offense under subsection (a) of this section in a cir13 cumstance in which—

14 ‘‘(1) the railroad on-track equipment or mass 

15 transportation vehicle was carrying a passenger or 

16 employee at the time of the offense; 

17 ‘‘(2) the railroad on-track equipment or mass 

18 transportation vehicle was carrying high-level radio19 active waste or spent nuclear fuel at the time of the 

20 offense; 

21 ‘‘(3) the railroad on-track equipment or mass 

22 transportation vehicle was carrying a hazardous ma23 terial at the time of the offense that—
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1 ‘‘(A) was required to be placarded under 

2 subpart F of part 172 of title 49, Code of Fed3 eral Regulations; and 

4 ‘‘(B) is identified as class number 3, 4, 5, 

5 6.1, or 8 and packing group I or packing group 

6 II, or class number 1, 2, or 7 under the haz7 ardous materials table of section 172.101 of 

8 title 49, Code of Federal Regulations; or 

9 ‘‘(4) the offense results in the death of any per10 son, 

11 shall be fined under this title or imprisoned for any term 

12 of years or life, or both. In the case of a violation described 

13 in paragraph (2) of this subsection, the term of imprison14 ment shall be not less than 30 years; and, in the case of 

15 a violation described in paragraph (4) of this subsection, 

16 the offender shall be fined under this title and imprisoned 

17 for life and be subject to the death penalty. 

18 ‘‘(c) CIRCUMSTANCES REQUIRED FOR OFFENSE.—A 

19 circumstance referred to in subsection (a) is any of the 

20 following: 

21 ‘‘(1) Any of the conduct required for the offense 

22 is, or, in the case of an attempt, threat, or con23 spiracy to engage in conduct, the conduct required 

24 for the completed offense would be, engaged in, on, 

25 against, or affecting a mass transportation provider 
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1 or railroad carrier engaged in or affecting interstate 

2 or foreign commerce. 

3 ‘‘(2) Any person travels or communicates across 

4 a State line in order to commit the offense, or trans5 ports materials across a State line in aid of the com6 mission of the offense. 

7 ‘‘(d) DEFINITIONS.—In this section—

8 ‘‘(1) the term ‘biological agent’ has the meaning 

9 given to that term in section 178(1); 

10 ‘‘(2) the term ‘dangerous weapon’ means a 

11 weapon, device, instrument, material, or substance, 

12 animate or inanimate, that is used for, or is readily 

13 capable of, causing death or serious bodily injury, including a pocket knife with a blade of more than 21 14 ⁄2

15 inches in length and a box cutter; 

16 ‘‘(3) the term ‘destructive device’ has the mean17 ing given to that term in section 921(a)(4); 

18 ‘‘(4) the term ‘destructive substance’ means an 

19 explosive substance, flammable material, infernal 

20 machine, or other chemical, mechanical, or radio21 active device or material, or matter of a combustible, 

22 contaminative, corrosive, or explosive nature, except 

23 that the term ‘radioactive device’ does not include 

24 any radioactive device or material used solely for 
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1 medical, industrial, research, or other peaceful pur2 poses; 

3 ‘‘(5) the term ‘hazardous material’ has the 

4 meaning given to that term in chapter 51 of title 49; 

5 ‘‘(6) the term ‘high-level radioactive waste’ has 

6 the meaning given to that term in section 2(12) of 

7 the Nuclear Waste Policy Act of 1982 (42 U.S.C. 

8 10101(12)); 

9 ‘‘(7) the term ‘mass transportation’ has the 

10 meaning given to that term in section 5302(a)(7) of 

11 title 49, except that the term includes school bus, 

12 charter, and sightseeing transportation; 

13 ‘‘(8) the term ‘on-track equipment’ means a 

14 carriage or other contrivance that runs on rails or 

15 electromagnetic guideways; 

16 ‘‘(9) the term ‘railroad on-track equipment’ 

17 means a train, locomotive, tender, motor unit, 

18 freight or passenger car, or other on-track equip19 ment used, operated, or employed by a railroad car20 rier; 

21 ‘‘(10) the term ‘railroad’ has the meaning given 

22 to that term in chapter 201 of title 49; 

23 ‘‘(11) the term ‘railroad carrier’ has the mean24 ing given to that term in chapter 201 of title 49; 
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1 ‘‘(12) the term ‘serious bodily injury’ has the 

2 meaning given to that term in section 1365; 

3 ‘‘(13) the term ‘spent nuclear fuel’ has the 

4 meaning given to that term in section 2(23) of the 

5 Nuclear Waste Policy Act of 1982 (42 U.S.C. 

6 10101(23)); 

7 ‘‘(14) the term ‘State’ has the meaning given to 

8 that term in section 2266; 

9 ‘‘(15) the term ‘toxin’ has the meaning given to 

10 that term in section 178(2); and 

11 ‘‘(16) the term ‘vehicle’ means any carriage or 

12 other contrivance used, or capable of being used, as 

13 a means of transportation on land, on water, or 

14 through the air.’’. 

15 (b) CONFORMING AMENDMENTS.—

16 (1) The table of sections at the beginning of 

17 chapter 97 of title 18, United States Code, is 

18 amended—

19 (A) by striking ‘‘RAILROADS’’ in the 

20 chapter heading and inserting ‘‘RAILROAD 

21 CARRIERS AND MASS TRANSPOR22 TATION SYSTEMS ON LAND, ON 

23 WATER, OR THROUGH THE AIR’’; 

24 (B) by striking the items relating to sec25 tions 1992 and 1993; and 
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1 (C) by inserting after the item relating to 

2 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.’’.

3 (2) The table of chapters at the beginning of 

4 part I of title 18, United States Code, is amended 

5 by striking the item relating to chapter 97 and in6 serting the following:

‘‘97. Railroad carriers and mass transportation systems 

on land, on water, or through the air ............ 1991’’.

7 (3) Title 18, United States Code, is amended—

8 (A) in section 2332b(g)(5)(B)(i), by strik9 ing ‘‘1992 (relating to wrecking trains), 1993 

10 (relating to terrorist attacks and other acts of 

11 violence against mass transportation systems),’’ 

12 and inserting ‘‘1992 (relating to terrorist at13 tacks and other acts of violence against railroad 

14 carriers and against mass transportation sys15 tems on land, on water, or through the air),’’; 

16 (B) in section 2339A, by striking ‘‘1993,’’; 

17 and 

18 (C) in section 2516(1)(c) by striking 

19 ‘‘1992 (relating to wrecking trains),’’ and in20 serting ‘‘1992 (relating to terrorist attacks and 

21 other acts of violence against railroad carriers 
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1 and against mass transportation systems on 

2 land, on water, or through the air),’’. 

3 SEC. 116. JUDICIAL REVIEW OF NATIONAL SECURITY LET4 TERS. 

5 Chapter 223 of title 18, United States Code, is 

6 amended—

7 (1) by inserting at the end of the table of sec8 tions the following new item:

‘‘3511. Judicial review of requests for information.’’;

9 and 

10 (2) by inserting after section 3510 the fol11 lowing: 

12 ‘‘§ 3511. Judicial review of requests for information 

13 ‘‘(a) The recipient of a request for records, a report, 

14 or other information under section 2709(b) of this title, 

15 section 625(a) or (b) or 626(a) of the Fair Credit Report16 ing Act, section 1114(a)(5)(A) of the Right to Financial 

17 Privacy Act, or section 802(a) of the National Security 

18 Act of 1947 may, in the United States district court for 

19 the district in which that person or entity does business 

20 or resides, petition for an order modifying or setting aside 

21 the request. The court may modify or set aside the request 

22 if compliance would be unreasonable or oppressive. 

23 ‘‘(b) The recipient of a request for records, a report, 

24 or other information under section 2709(b) of this title, 

25 section 625(a) or (b) or 626(a) of the Fair Credit Report-
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1 ing Act, section 1114(a)(5)A) of the Right to Financial 

2 Privacy Act, or section 802(a) of the National Security 

3 Act of 1947, may petition any court described in sub4 section (a) for an order modifying or setting aside a non5 disclosure requirement imposed in connection with such a 

6 request. 

7 ‘‘(1) If the petition is filed within one year of 

8 the request for records, a report, or other informa9 tion under section 2709(b) of this title, section 

10 625(a) or (b) or 626(a) of the Fair Credit Reporting 

11 Act, section 1114(a)(5)(A) of the Right to Financial 

12 Privacy Act, or section 802(a) of the National Secu13 rity Act of 1947, the court may modify or set aside 

14 such a nondisclosure requirement if it finds that 

15 there is no reason to believe that disclosure may en16 danger the national security of the United States, 

17 interfere with a criminal, counterterrorism, or coun18 terintelligence investigation, interfere with diplo19 matic relations, or endanger the life or physical safe20 ty of any person. The certification made at the time 

21 of the request that disclosure may endanger of the 

22 national security of the United States or interfere 

23 with diplomatic relations shall be treated as conclu24 sive unless the court finds that the certification was 

25 made in bad faith. 
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1 ‘‘(2) If the petition is filed one year or more 

2 after the request for records, a report, or other in3 formation under section 2709(b) of this title, section 

4 625(a) or (b) or 626(a) of the Fair Credit Reporting 

5 Act, section 1114 (a)(5)(A) of the Right to Finan6 cial Privacy Act, or section 802(a) of the National 

7 Security Act of 1947, the issuing officer, within 

8 ninety days of the filing of the petition, shall either 

9 terminate the nondisclosure requirement or re-certify 

10 that disclosure may result a danger to the national 

11 security of the United States, interference with a 

12 criminal, counterterrorism, or counterintelligence in13 vestigation, interference with diplomatic relations, or 

14 danger to the life or physical safety of any person. 

15 In the event or re-certification, the court may modify 

16 or set aside such a nondisclosure requirement if it 

17 finds that there is no reason to believe that disclo18 sure may endanger the national security of the 

19 United States, interfere with a criminal, 

20 counterterrorism, or counterintelligence investiga21 tion, interfere with diplomatic relations, or endanger 

22 the life or physical safety of any person. The re-cer23 tification that disclosure may endanger of the na24 tional security of the United States or interfere with 

25 diplomatic relations shall be treated as conclusive 
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1 unless the court finds that the re-certification was 

2 made in bad faith. If the court denies a petition for 

3 an order modifying or setting aside a nondisclosure 

4 requirement under this paragraph, the recipient 

5 shall be precluded for a period of one year from fil6 ing another petition to modify or set aside such non7 disclosure requirement. 

8 ‘‘(c) In the case of a failure to comply with a request 

9 for records, a report, or other information made to any 

10 person or entity under section 2709(b) of this title, section 

11 625(a) or (b) or 626(a) of the Fair Credit Reporting Act, 

12 section 1114(a)(5)(A) of the Right to Financial Privacy 

13 Act, or section 802(a) of the National Security Act of 

14 1947, the Attorney General may invoke the aid of any 

15 court of the United States within the jurisdiction in which 

16 the investigation is carried on or the person or entity re17 sides, carries on business, or may be found, to compel 

18 compliance with the request. The court may issue an order 

19 requiring the person or entity to comply with the request. 

20 Any failure to obey the order of the court may be punished 

21 by the court as contempt thereof. Any process under this 

22 section may be served in any judicial district in which the 

23 person or entity may be found. 

24 ‘‘(d) In all proceedings under this section, subject to 

25 any right to an open hearing in a contempt proceeding, 
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1 the court must close any hearing to the extent necessary 

2 to prevent an unauthorized disclosure of a request for 

3 records, a report, or other information made to any person 

4 or entity under section 2709(b) of this title, section 625(a) 

5 or (b) or 626(a) of the Fair Credit Reporting Act, section 

6 1114(a)(5)(A) of the Right to Financial Privacy Act, or 

7 section 802(a) of the National Security Act of 1947. Peti8 tions, filings, records, orders, and subpoenas must also be 

9 kept under seal to the extent and as long as necessary 

10 to prevent the unauthorized disclosure of a request for 

11 records, a report, or other information made to any person 

12 or entity under section 2709(b) of this title, section 625(a) 

13 or (b) or 626(a) of the Fair Credit Reporting Act, section 

14 1114(a)(5)(A) of the Right to Financial Privacy Act, or 

15 section 802(a) of the National Security Act of 1947. 

16 ‘‘(e) In all proceedings under this section, the court 

17 shall, upon the Federal Government’s request, review the 

18 submission of the Government, which may include classi19 fied information, ex parte and in camera.’’. 

20 SEC. 117. CONFIDENTIALITY OF NATIONAL SECURITY LET21 TERS. 

22 (a) Section 2709(c) of title 18, United States Code, 

23 is amended to read: 

24 ‘‘(c) PROHIBITION OF CERTAIN DISCLOSURE.—
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1 ‘‘(1) If the Director of the Federal Bureau of 

2 Investigation, or his designee in a position not lower 

3 than Deputy Assistant Director at Bureau head4 quarters or a Special Agent in Charge in a Bureau 

5 field office designated by the Director, certifies that 

6 otherwise there may result a danger to the national 

7 security of the United States, interference with a 

8 criminal, counterterrorism, or counterintelligence in9 vestigation, interference with diplomatic relations, or 

10 danger to the life or physical safety of any person, 

11 no wire or electronic communications service pro12 vider, or officer, employee, or agent thereof, shall 

13 disclose to any person (other than those to whom 

14 such disclosure is necessary in order to comply with 

15 the request or an attorney to obtain legal advice 

16 with respect to the request) that the Federal Bureau 

17 of Investigation has sought or obtained access to in18 formation or records under this section. 

19 ‘‘(2) The request shall notify the person or enti20 ty to whom the request is directed of the nondisclo21 sure requirement under paragraph (1). 

22 ‘‘(3) Any recipient disclosing to those persons 

23 necessary to comply with the request or to an attor24 ney to obtain legal advice with respect to the request 

25 shall inform such person of any applicable nondisclo-
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1 sure requirement. Any person who receives a disclo2 sure under this subsection shall be subject to the 

3 same prohibitions on disclosure under paragraph 

4 (1).’’. 

5 (b) Section 625(d) of the Fair Credit Reporting Act 

6 (15 U.S.C. 1681u(d)) is amended to read: 

7 ‘‘(d) CONFIDENTIALITY.—

8 ‘‘(1) If the Director of the Federal Bureau of 

9 Investigation, or his designee in a position not lower 

10 than Deputy Assistant Director at Bureau head11 quarters or a Special Agent in Charge in a Bureau 

12 field office designated by the Director, certifies that 

13 otherwise there may result a danger to the national 

14 security of the United States, interference with a 

15 criminal, counterterrorism, or counterintelligence in16 vestigation, interference with diplomatic relations, or 

17 danger to the life or physical safety of any person, 

18 no consumer reporting agency or officer, employee, 

19 or agent of a consumer reporting agency shall dis20 close to any person (other than those to whom such 

21 disclosure is necessary in order to comply with the 

22 request or an attorney to obtain legal advice with re23 spect to the request) that the Federal Bureau of In24 vestigation has sought or obtained the identity of fi25 nancial institutions or a consumer report respecting 
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1 any consumer under subsection (a), (b), or (c), and 

2 no consumer reporting agency or officer, employee, 

3 or agent of a consumer reporting agency shall in4 clude in any consumer report any information that 

5 would indicate that the Federal Bureau of Investiga6 tion has sought or obtained such information on a 

7 consumer report. 

8 ‘‘(2) The request shall notify the person or enti9 ty to whom the request is directed of the nondisclo10 sure requirement under paragraph (1). 

11 ‘‘(3) Any recipient disclosing to those persons 

12 necessary to comply with the request or to an attor13 ney to obtain legal advice with respect to the request 

14 shall inform such persons of any applicable non15 disclosure requirement. Any person who receives a 

16 disclosure under this subsection shall be subject to 

17 the same prohibitions on disclosure under paragraph 

18 (1).’’. 

19 (c) Section 626(c) of the Fair Credit Reporting Act 

20 (15 U.S.C. 1681v(c)) is amended to read: 

21 ‘‘(c) CONFIDENTIALITY.—

22 ‘‘(1) If the head of a government agency au23 thorized to conduct investigations or, or intelligence 

24 or counterintelligence activities or analysis related 

25 to, international terrorism, or his designee, certifies 
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1 that otherwise there may result a danger to the na2 tional security of the United States, interference 

3 with a criminal, counterterrorism, or counterintel4 ligence investigation, interference with diplomatic re5 lations, or danger to the life or physical safety of 

6 any person, no consumer reporting agency or officer, 

7 employee, or agent of such consumer reporting agen8 cy, shall disclose to any person (other than those to 

9 whom such disclosure is necessary in order to com10 ply with the request or an attorney to obtain legal 

11 advice with respect to the request), or specify in any 

12 consumer report, that a government agency has 

13 sought or obtained access to information under sub14 section (a). 

15 ‘‘(2) The request shall notify the person or enti16 ty to whom the request is directed of the nondisclo17 sure requirement under paragraph (1). 

18 ‘‘(3) Any recipient disclosing to those persons 

19 necessary to comply with the request or to any attor20 ney to obtain legal advice with respect to the request 

21 shall inform such persons of any applicable non22 disclosure requirement. Any person who receives a 

23 disclosure under this subsection shall be subject to 

24 the same prohibitions on disclosure under paragraph 

25 (1).’’. 
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1 (d) Section 1114(a)(5)(D) of the Right to Financial 

2 Privacy Act (12 U.S.C. 3414(a)(5)(D)) is amended to 

3 read: 

4 ‘‘(D) PROHIBITION OF CERTAIN DISCLO5 SURE.—

6 ‘‘(i) If the Director of the Federal Bu7 reau of Investigation, or his designee in a 

8 position not lower than Deputy Assistant 

9 Director at Bureau headquarters or a Spe10 cial Agent in Charge in a Bureau field of11 fice designated by the Director, certifies 

12 that otherwise there may result a danger 

13 to the national security of the United 

14 States, interference with a criminal, 

15 counterterrorism, or counterintelligence in16 vestigation, interference with diplomatic re17 lations, or danger to the life or physical 

18 safety of any person, no financial institu19 tion, or officer, employee, or agent of such 

20 institution, shall disclose to any person 

21 (other than those to whom such disclosure 

22 is necessary in order to comply with the re23 quest or an attorney to obtain legal advice 

24 with respect to the request) that the Fed25 eral Bureau of Investigation has sought or 
37

•HR 3199 EH 

1 obtained access to a customer’s or entity’s 

2 financial records under paragraph (5). 

3 ‘‘(ii) The request shall notify the per4 son or entity to whom the request is di5 rected of the nondisclosure requirement 

6 under paragraph (1). 

7 ‘‘(iii) Any recipient disclosing to those 

8 persons necessary to comply with the re9 quest or to an attorney to obtain legal ad10 vice with respect to the request shall in11 form such persons of any applicable non12 disclosure requirement. Any person who re13 ceives a disclosure under this subsection 

14 shall be subject to the same prohibitions on 

15 disclosure under paragraph (1).’’. 

16 (e) Section 802(b) of the National Security Act of 

17 1947 (50 U.S.C. 436(b)) is amended to read as follows: 

18 ‘‘(b) PROHIBITION OF CERTAIN DISCLOSURE.—

19 ‘‘(1) If an authorized investigative agency de20 scribed in subsection (a) certifies that otherwise 

21 there may result a danger to the national security of 

22 the United States, interference with a criminal, 

23 counterterrorism, or counterintelligence investiga24 tion, interference with diplomatic relations, or dan25 ger to the life or physical safety of any person, no 
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1 governmental or private entity, or officer, employee, 

2 or agent of such entity, may disclose to any person 

3 (other than those to whom such disclosure is nec4 essary in order to comply with the request or an at5 torney to obtain legal advice with respect to the re6 quest) that such entity has received or satisfied a re7 quest made by an authorized investigative agency 

8 under this section. 

9 ‘‘(2) The request shall notify the person or enti10 ty to whom the request is directed of the nondisclo11 sure requirement under paragraph (1). 

12 ‘‘(3) Any recipient disclosing to those persons 

13 necessary to comply with the request or to an attor14 ney to obtain legal advice with respect to the request 

15 shall inform such persons of any applicable non16 disclosure requirement. Any person who receives a 

17 disclosure under this subsection shall be subject to 

18 the same prohibitions on disclosure under paragraph 

19 (1).’’. 

20 SEC. 118. VIOLATIONS OF NONDISCLOSURE PROVISIONS OF 

21 NATIONAL SECURITY LETTERS. 

22 Section 1510 of title 18, United States Code, is 

23 amended by adding at the end the following: 

24 ‘‘(e) Whoever knowingly violates section 2709(c)(1) 

25 of this title, sections 625(d) or 626(c) of the Fair Credit 
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1 Reporting Act (15 U.S.C. 1681u(d) or 1681v(c)), section 

2 1114(a)(3) or 1114(a)(5)(D) of the Right to Financial 

3 Privacy Act (12 U.S.C. 3414(a)(3) or 3414(a)(5)(D)), or 

4 section 802(b) of the National Security Act of 1947 (50 

5 U.S.C. 436(b)) shall be imprisoned for not more than one 

6 year, and if the violation is committed with the intent to 

7 obstruct an investigation or judicial proceeding, shall be 

8 imprisoned for not more than five years.’’. 

9 SEC. 119. REPORTS. 

10 Any report made to a committee of Congress regard11 ing national security letters under section 2709(c)(1) of 

12 title 18, United States Code, sections 625(d) or 626(c) 

13 of the Fair Credit Reporting Act (15 U.S.C. 1681u(d) or 

14 1681v(c)), section 1114(a)(3) or 1114(a)(5)(D) of the 

15 Right to Financial Privacy Act (12 U.S.C. 3414(a)(3) or 

16 3414(a)(5)(D)), or section 802(b) of the National Security 

17 Act of 1947 (50 U.S.C. 436(b)) shall also be made to the 

18 Committees on the Judiciary of the House of Representa19 tives and the Senate. 

20 SEC. 120. DEFINITION FOR FORFEITURE PROVISIONS 

21 UNDER SECTION 806 OF THE USA PATRIOT 

22 ACT. 

23 Section 981(a)(1)(G) of title 18, United States Code, 

24 is amended by striking ‘‘section 2331’’ each place it ap25 pears and inserting ‘‘2332b(g)(5)(B)’’. 
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1 SEC. 121. LIMITATION ON AUTHORITY TO DELAY NOTICE. 

2 (a) IN GENERAL.—Section 3103a(b)(1) of title 18, 

3 United States Code, is amended by inserting ‘‘, except if 

4 the adverse results consists only of unduly delaying a 

5 trial’’ after ‘‘2705’’. 

6 (b) REPORTING REQUIREMENT.—Section 3103a of 

7 title 18, United States Code, is amended by adding at the 

8 end the following: 

9 ‘‘(c) REPORTS.—On an annual basis, the Administra10 tive Office of the United States Courts shall report to the 

11 Committees on the Judiciary of the House of Representa12 tives and the Senate the number of search warrants grant13 ed during the reporting period, and the number of delayed 

14 notices authorized during that period, indicating the ad15 verse result that occasioned that delay.’’. 

16 SEC. 122. INTERCEPTION OF COMMUNICATIONS. 

17 Section 2516(1) of title 18, United States Code, is 

18 amended—

19 (1) in paragraph (c)—

20 (A) by inserting before ‘‘section 201 (brib21 ery of public officials and witnesses)’’ the fol22 lowing: ‘‘section 81 (arson within special mari23 time and territorial jurisdiction),’’; 

24 (B) by inserting before ‘‘subsection (d), 

25 (e), (f), (g), (h), or (i) of section 844 (unlawful 

26 use of explosives)’’ the following: ‘‘subsections 
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1 (m) or (n) of section 842 (relating to plastic ex2 plosives),’’; and 

3 (C) by inserting before ‘‘section 1992 (re4 lating to wrecking trains)’’ the following: ‘‘, sec5 tion 930(c) (relating to attack on federal facil6 ity with firearm), section 956 (conspiracy to 

7 harm persons or property overseas),’’; and 

8 (2) in paragraph (j)—

9 (A) by striking ‘‘or’’ before ‘‘section 46502 

10 (relating to aircraft piracy)’’ and inserting a 

11 comma after ‘‘section 60123(b) (relating to the 

12 destruction of a natural gas pipeline’’; and 

13 (B) by inserting ‘‘, the second sentence of 

14 section 46504 (relating to assault on a flight 

15 crew with dangerous weapon), or section 

16 46505(b)(3) or (c) (relating to explosive or in17 cendiary devices, or endangerment of human 

18 life, by means of weapons on aircraft)’’ before 

19 of ‘‘title 49’’. 

20 SEC. 123. PENAL PROVISIONS REGARDING TRAFFICKING IN 

21 CONTRABAND CIGARETTES OR SMOKELESS 

22 TOBACCO. 

23 (a) THRESHOLD QUANTITY FOR TREATMENT AS

24 CONTRABAND CIGARETTES.—(1) Section 2341(2) of title 
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1 18, United States Code, is amended by striking ‘‘60,000 

2 cigarettes’’ and inserting ‘‘10,000 cigarettes’’. 

3 (2) Section 2342(b) of that title is amended by strik4 ing ‘‘60,000’’ and inserting ‘‘10,000’’. 

5 (3) Section 2343 of that title is amended—

6 (A) in subsection (a), by striking ‘‘60,000’’ and 

7 inserting ‘‘10,000’’; and 

8 (B) in subsection (b), by striking ‘‘60,000’’ and 

9 inserting ‘‘10,000’’. 

10 (b) CONTRABAND SMOKELESS TOBACCO.—(1) Sec11 tion 2341 of that title is amended—

12 (A) in paragraph (4), by striking ‘‘and’’ at the 

13 end; 

14 (B) in paragraph (5), by striking the period at 

15 the end and inserting a semicolon; and 

16 (C) by adding at the end the following new 

17 paragraphs: 

18 ‘‘(6) the term ‘smokeless tobacco’ means any 

19 finely cut, ground, powdered, or leaf tobacco that is 

20 intended to be placed in the oral or nasal cavity or 

21 otherwise consumed without being combusted; 

22 ‘‘(7) the term ‘contraband smokeless tobacco’ 

23 means a quantity in excess of 500 single-unit con24 sumer-sized cans or packages of smokeless tobacco, 
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1 or their equivalent, that are in the possession of any 

2 person other than—

3 ‘‘(A) a person holding a permit issued pur4 suant to chapter 52 of the Internal Revenue 

5 Code of 1986 as manufacturer of tobacco prod6 ucts or as an export warehouse proprietor, a 

7 person operating a customs bonded warehouse 

8 pursuant to section 311 or 555 of the Tariff 

9 Act of 1930 (19 U.S.C. 1311, 1555), or an 

10 agent of such person; 

11 ‘‘(B) a common carrier transporting such 

12 smokeless tobacco under a proper bill of lading 

13 or freight bill which states the quantity, source, 

14 and designation of such smokeless tobacco; 

15 ‘‘(C) a person who—

16 ‘‘(i) is licensed or otherwise author17 ized by the State where such smokeless to18 bacco is found to engage in the business of 

19 selling or distributing tobacco products; 

20 and 

21 ‘‘(ii) has complied with the account22 ing, tax, and payment requirements relat23 ing to such license or authorization with 

24 respect to such smokeless tobacco; or 
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1 ‘‘(D) an officer, employee, or agent of the 

2 United States or a State, or any department, 

3 agency, or instrumentality of the United States 

4 or a State (including any political subdivision of 

5 a State), having possession of such smokeless 

6 tobacco in connection with the performance of 

7 official duties;’’. 

8 (2) Section 2342(a) of that title is amended by insert9 ing ‘‘or contraband smokeless tobacco’’ after ‘‘contraband 

10 cigarettes’’. 

11 (3) Section 2343(a) of that title is amended by insert12 ing ‘‘, or any quantity of smokeless tobacco in excess of 

13 500 single-unit consumer-sized cans or packages,’’ before 

14 ‘‘in a single transaction’’. 

15 (4) Section 2344(c) of that title is amended by insert16 ing ‘‘or contraband smokeless tobacco’’ after ‘‘contraband 

17 cigarettes’’. 

18 (5) Section 2345 of that title is amended by inserting 

19 ‘‘or smokeless tobacco’’ after ‘‘cigarettes’’ each place it ap20 pears. 

21 (6) Section 2341 of that title is further amended in 

22 paragraph (2), as amended by subsection (a)(1) of this 

23 section, in the matter preceding subparagraph (A), by 

24 striking ‘‘State cigarette taxes in the State where such 

25 cigarettes are found, if the State’’ and inserting ‘‘State 
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1 or local cigarette taxes in the State or locality where such 

2 cigarettes are found, if the State or local government’’. 

3 (c) RECORDKEEPING, REPORTING, AND INSPEC4 TION.—Section 2343 of that title, as amended by this sec5 tion, is further amended—

6 (1) in subsection (a)—

7 (A) in the matter preceding paragraph (1), 

8 by striking ‘‘only—’’ and inserting ‘‘such infor9 mation as the Attorney General considers ap10 propriate for purposes of enforcement of this 

11 chapter, including—’’; and 

12 (B) in the flush matter following para13 graph (3), by striking the second sentence; 

14 (2) by redesignating subsection (b) as sub15 section (c); 

16 (3) by inserting after subsection (a) the fol17 lowing new subsection (b): 

18 ‘‘(b) Any person, except for a tribal government, who 

19 engages in a delivery sale, and who ships, sells, or distrib20 utes any quantity in excess of 10,000 cigarettes, or any 

21 quantity in excess of 500 single-unit consumer-sized cans 

22 or packages of smokeless tobacco, or their equivalent, 

23 within a single month, shall submit to the Attorney Gen24 eral, pursuant to rules or regulations prescribed by the 

25 Attorney General, a report that sets forth the following: 
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1 ‘‘(1) The person’s beginning and ending inven2 tory of cigarettes and cans or packages of smokeless 

3 tobacco (in total) for such month. 

4 ‘‘(2) The total quantity of cigarettes and cans 

5 or packages of smokeless tobacco that the person re6 ceived within such month from each other person 

7 (itemized by name and address). 

8 ‘‘(3) The total quantity of cigarettes and cans 

9 or packages of smokeless tobacco that the person 

10 distributed within such month to each person 

11 (itemized by name and address) other than a retail 

12 purchaser.’’; and 

13 (4) by adding at the end the following new sub14 sections: 

15 ‘‘(d) Any report required to be submitted under this 

16 chapter to the Attorney General shall also be submitted 

17 to the Secretary of the Treasury and to the attorneys gen18 eral and the tax administrators of the States from where 

19 the shipments, deliveries, or distributions both originated 

20 and concluded. 

21 ‘‘(e) In this section, the term ‘delivery sale’ means 

22 any sale of cigarettes or smokeless tobacco in interstate 

23 commerce to a consumer if—

24 ‘‘(1) the consumer submits the order for such 

25 sale by means of a telephone or other method of 
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1 voice transmission, the mails, or the Internet or 

2 other online service, or by any other means where 

3 the consumer is not in the same physical location as 

4 the seller when the purchase or offer of sale is made; 

5 or 

6 ‘‘(2) the cigarettes or smokeless tobacco are de7 livered by use of the mails, common carrier, private 

8 delivery service, or any other means where the con9 sumer is not in the same physical location as the 

10 seller when the consumer obtains physical possession 

11 of the cigarettes or smokeless tobacco. 

12 ‘‘(f) In this section, the term ‘interstate commerce’ 

13 means commerce between a State and any place outside 

14 the State, or commerce between points in the same State 

15 but through any place outside the State.’’. 

16 (d) DISPOSAL OR USE OF FORFEITED CIGARETTES

17 AND SMOKELESS TOBACCO.—Section 2344(c) of that 

18 title, as amended by this section, is further amended by 

19 striking ‘‘seizure and forfeiture,’’ and all that follows and 

20 inserting ‘‘seizure and forfeiture, and any cigarettes or 

21 smokeless tobacco so seized and forfeited shall be either—

22 ‘‘(1) destroyed and not resold; or 

23 ‘‘(2) used for undercover investigative oper24 ations for the detection and prosecution of crimes, 

25 and then destroyed and not resold.’’. 
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1 (e) EFFECT ON STATE AND LOCAL LAW.—Section 

2 2345 of that title is amended—

3 (1) in subsection (a), by striking ‘‘a State to 

4 enact and enforce’’ and inserting ‘‘a State or local 

5 government to enact and enforce its own’’; and 

6 (2) in subsection (b), by striking ‘‘of States, 

7 through interstate compact or otherwise, to provide 

8 for the administration of State’’ and inserting ‘‘of 

9 State or local governments, through interstate com10 pact or otherwise, to provide for the administration 

11 of State or local’’. 

12 (f) ENFORCEMENT.—Section 2346 of that title is 

13 amended—

14 (1) by inserting ‘‘(a)’’ before ‘‘The Attorney 

15 General’’; and 

16 (2) by adding at the end the following new sub17 section: 

18 ‘‘(b)(1) A State, through its attorney general, a local 

19 government, through its chief law enforcement officer (or 

20 a designee thereof), or any person who holds a permit 

21 under chapter 52 of the Internal Revenue Code of 1986, 

22 may bring an action in the United States district courts 

23 to prevent and restrain violations of this chapter by any 

24 person (or by any person controlling such person), except 

25 that any person who holds a permit under chapter 52 of 
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•HR 3199 EH 

1 the Internal Revenue Code of 1986 may not bring such 

2 an action against a State or local government. No civil 

3 action may be commenced under this paragraph against 

4 an Indian tribe or an Indian in Indian country (as defined 

5 in section 1151). 

6 ‘‘(2) A State, through its attorney general, or a local 

7 government, through its chief law enforcement officer (or 

8 a designee thereof), may in a civil action under paragraph 

9 (1) also obtain any other appropriate relief for violations 

10 of this chapter from any person (or by any person control11 ling such person), including civil penalties, money dam12 ages, and injunctive or other equitable relief. Nothing in 

13 this chapter shall be deemed to abrogate or constitute a 

14 waiver of any sovereign immunity of a State or local gov15 ernment, or an Indian tribe against any unconsented law16 suit under this chapter, or otherwise to restrict, expand, 

17 or modify any sovereign immunity of a State or local gov18 ernment, or an Indian tribe. 

19 ‘‘(3) The remedies under paragraphs (1) and (2) are 

20 in addition to any other remedies under Federal, State, 

21 local, or other law. 

22 ‘‘(4) Nothing in this chapter shall be construed to 

23 expand, restrict, or otherwise modify any right of an au24 thorized State official to proceed in State court, or take 
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•HR 3199 EH 

1 other enforcement actions, on the basis of an alleged viola2 tion of State or other law. 

3 ‘‘(5) Nothing in this chapter shall be construed to 

4 expand, restrict, or otherwise modify any right of an au5 thorized local government official to proceed in State 

6 court, or take other enforcement actions, on the basis of 

7 an alleged violation of local or other law.’’. 

8 (g) CONFORMING AND CLERICAL AMENDMENTS.—

9 (1) The section heading for section 2343 of that title is 

10 amended to read as follows: 

11 ‘‘§ 2343. Recordkeeping, reporting, and inspection’’. 

12 (2) The section heading for section 2345 of such title 

13 is amended to read as follows: 

14 ‘‘§ 2345. Effect on State and local law’’. 

15 (3) The table of sections at the beginning of chapter 

16 114 of that title is amended—

17 (A) by striking the item relating to section 

18 2343 and inserting the following new item:

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

19 and 

20 (B) by striking the item relating to section 

21 2345 and insert the following new item:

‘‘2345. Effect on State and local law.’’.

22 (4)(A) The heading for chapter 114 of that title is 

23 amended to read as follows: 
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1 ‘‘CHAPTER 114—TRAFFICKING IN CONTRA2 BAND CIGARETTES AND SMOKELESS 

3 TOBACCO’’. 

4 (B) The table of chapters at the beginning of part 

5 I of that title is amended by striking the item relating 

6 to section 114 and inserting the following new item:

‘‘114. Trafficking in contraband cigarettes and smokeless 

tobacco ....................................................................... 2341’’.

7 SEC. 124. PROHIBITION OF NARCO-TERRORISM. 

8 Part A of the Controlled Substance Import and Ex9 port Act (21 U.S.C. 951 et seq.) is amended by inserting 

10 after section 1010 the following: 

11 ‘‘NARCO-TERRORISTS WHO AID AND SUPPORT

12 TERRORISTS OR FOREIGN TERRORIST ORGANIZATIONS

13 ‘‘SEC. 1010A. (a) PROHIBITED ACTS.—Whoever, in 

14 a circumstance described in subsection (c), manufactures, 

15 distributes, imports, exports, or possesses with intent to 

16 distribute or manufacture a controlled substance, 

17 flunitrazepam, or listed chemical, or attempts or conspires 

18 to do so, knowing or intending that such activity, directly 

19 or indirectly, aids or provides support, resources, or any20 thing of pecuniary value to—

21 ‘‘(1) a foreign terrorist organization; or 

22 ‘‘(2) any person or group involved in the plan23 ning, preparation for, or carrying out of, a terrorist 
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1 offense, shall be punished as provided under sub2 section (b). 

3 ‘‘(b) PENALTIES.—Whoever violates subsection (a) 

4 shall be fined under this title, imprisoned for not less than 

5 20 years and not more than life and shall be sentenced 

6 to a term of supervised release of not less than 5 years. 

7 ‘‘(c) JURISDICTION.—There is jurisdiction over an of8 fense under this section if—

9 ‘‘(1) the prohibited drug activity or the terrorist 

10 offense is in violation of the criminal laws of the 

11 United States; 

12 ‘‘(2) the offense or the prohibited drug activity 

13 occurs in or affects interstate or foreign commerce; 

14 ‘‘(3) the offense, the prohibited drug activity or 

15 the terrorist offense involves the use of the mails or 

16 a facility of interstate or foreign commerce; 

17 ‘‘(4) the terrorist offense occurs in or affects 

18 interstate or foreign commerce or would have oc19 curred in or affected interstate or foreign commerce 

20 had it been consummated; 

21 ‘‘(5) an offender provides anything of pecuniary 

22 value to a foreign terrorist organization; 

23 ‘‘(6) an offender provides anything of pecuniary 

24 value for a terrorist offense that is designed to influ-
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1 ence the policy or affect the conduct of the United 

2 States government; 

3 ‘‘(7) an offender provides anything of pecuniary 

4 value for a terrorist offense that occurs in part with5 in the United States and is designed to influence the 

6 policy or affect the conduct of a foreign government; 

7 ‘‘(8) an offender provides anything of pecuniary 

8 value for a terrorist offense that causes or is de9 signed to cause death or serious bodily injury to a 

10 national of the United States while that national is 

11 outside the United States, or substantial damage to 

12 the property of a legal entity organized under the 

13 laws of the United States (including any of its 

14 States, districts, commonwealths, territories, or pos15 sessions) while that property is outside of the United 

16 States; 

17 ‘‘(9) the offense occurs in whole or in part with18 in the United States, and an offender provides any19 thing of pecuniary value for a terrorist offense that 

20 is designed to influence the policy or affect the con21 duct of a foreign government; 

22 ‘‘(10) the offense or the prohibited drug activity 

23 occurs in whole or in part outside of the United 

24 States (including on the high seas), and a perpe25 trator of the offense or the prohibited drug activity 
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1 is a national of the United States or a legal entity 

2 organized under the laws of the United States (in3 cluding any of its States, districts, commonwealths, 

4 territories, or possessions); or 

5 ‘‘(11) after the conduct required for the offense 

6 occurs an offender is brought into or found in the 

7 United States, even if the conduct required for the 

8 offense occurs outside the United States. 

9 ‘‘(d) PROOF REQUIREMENTS.—The prosecution shall 

10 not be required to prove that any defendant knew that 

11 an organization was designated as a ‘foreign terrorist or12 ganization’ under the Immigration and Nationality Act. 

13 ‘‘(e) DEFINITIONS.—In this section, the following 

14 definitions shall apply: 

15 ‘‘(1) ANYTHING OF PECUNIARY VALUE.—The 

16 term ‘anything of pecuniary value’ has the meaning 

17 given the term in section 1958(b)(1) of title 18, 

18 United States Code. 

19 ‘‘(2) TERRORIST OFFENSE.—The term ‘ter20 rorist offense’ means—

21 ‘‘(A) an act which constitutes an offense 

22 within the scope of a treaty, as defined under 

23 section 2339C(e)(7) of title 18, United States 

24 Code, which has been implemented by the 

25 United States; 
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1 ‘‘(B) any other act intended to cause death 

2 or serious bodily injury to a civilian, or to any 

3 other person not taking an active part in the 

4 hostilities in a situation of armed conflict, when 

5 the purpose of such act, by its nature or con6 text, is to intimidate a population, or to compel 

7 a government or an international organization 

8 to do or to abstain from doing any act. 

9 ‘‘(3) TERRORIST ORGANIZATION.—The term 

10 ‘terrorist organization’ has the meaning given the 

11 term in section 212(a)(3)(B)(vi) of the Immigration 

12 and Nationality Act (8 U.S.C. 1182(a)(3)(B)(vi)).’’. 

13 SEC. 125. INTERFERING WITH THE OPERATION OF AN AIR14 CRAFT. 

15 Section 32 of title 18, United States Code, is amend16 ed—

17 (1) in subsection (a), by redesignating para18 graphs (5), (6), and (7) as paragraphs (6), (7), and 

19 (8) respectively; 

20 (2) by inserting after paragraph (4) of sub21 section (a), the following: 

22 ‘‘(5) interferes with or disables, with intent to 

23 endanger the safety of any person or with a reckless 

24 disregard for the safety of human life, anyone en25 gaged in the authorized operation of such aircraft or 
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1 any air navigation facility aiding in the navigation of 

2 any such aircraft;’’; 

3 (3) in subsection (a)(8), by striking ‘‘para4 graphs (1) through (6)’’ and inserting‘‘paragraphs 

5 (1) through (7)’’; and 

6 (4) in subsection (c), by striking ‘‘paragraphs 

7 (1) through (5)’’ and inserting ‘‘paragraphs (1) 

8 through (6)’’. 

9 SEC. 126. SENSE OF CONGRESS RELATING TO LAWFUL PO10 LITICAL ACTIVITY. 

11 It is the sense of Congress that the Federal Govern12 ment should not investigate an American citizen for al13 leged criminal conduct solely on the basis of the citizen’s 

14 membership in a non-violent political organization or the 

15 fact that the citizen was engaging in other lawful political 

16 activity. 

17 SEC. 127. REPEAL OF FIRST RESPONDER GRANT PROGRAM. 

18 Section 1014 of the USA PATRIOT ACT is amended 

19 by striking subsection (c). 

20 SEC. 128. FASTER AND SMARTER FUNDING FOR FIRST RE21 SPONDERS. 

22 (a) IN GENERAL.—The Homeland Security Act of 

23 2002 (Public Law 107–296; 6 U.S.C. 361 et seq.) is 

24 amended—
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1 (1) in section 1(b) in the table of contents by 

2 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.’’.

3 (2) by adding at the end the following: 

4 ‘‘TITLE XVIII—FUNDING FOR 

5 FIRST RESPONDERS 

6 ‘‘SEC. 1801. DEFINITIONS. 

7 ‘‘In this title: 

8 ‘‘(1) BOARD.—The term ‘Board’ means the 

9 First Responder Grants Board established under 

10 section 1804. 

11 ‘‘(2) COVERED GRANT.—The term ‘covered 

12 grant’ means any grant to which this title applies 

13 under section 1802. 

14 ‘‘(3) DIRECTLY ELIGIBLE TRIBE.—The term 

15 ‘directly eligible tribe’ means any Indian tribe or 

16 consortium of Indian tribes that—

17 ‘‘(A) meets the criteria for inclusion in the 

18 qualified applicant pool for Self-Governance 

19 that are set forth in section 402(c) of the In20 dian Self-Determination and Education Assist21 ance Act (25 U.S.C. 458bb(c)); 
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1 ‘‘(B) employs at least 10 full-time per2 sonnel in a law enforcement or emergency re3 sponse agency with the capacity to respond to 

4 calls for law enforcement or emergency services; 

5 and 

6 ‘‘(C)(i) is located on, or within 5 miles of, 

7 an international border or waterway; 

8 ‘‘(ii) is located within 5 miles of a facility 

9 designated as high-risk critical infrastructure 

10 by the Secretary; 

11 ‘‘(iii) is located within or contiguous to one 

12 of the 50 largest metropolitan statistical areas 

13 in the United States; or 

14 ‘‘(iv) has more than 1,000 square miles of 

15 Indian country, as that term is defined in sec16 tion 1151 of title 18, United States Code. 

17 ‘‘(4) ELEVATIONS IN THE THREAT ALERT

18 LEVEL.—The term ‘elevations in the threat alert 

19 level’ means any designation (including those that 

20 are less than national in scope) that raises the 

21 homeland security threat level to either the highest 

22 or second highest threat level under the Homeland 

23 Security Advisory System referred to in section 

24 201(d)(7). 
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1 ‘‘(5) EMERGENCY PREPAREDNESS.—The term 

2 ‘emergency preparedness’ shall have the same mean3 ing that term has under section 602 of the Robert 

4 T. Stafford Disaster Relief and Emergency Assist5 ance Act (42 U.S.C. 5195a). 

6 ‘‘(6) ESSENTIAL CAPABILITIES.—The term ‘es7 sential capabilities’ means the levels, availability, 

8 and competence of emergency personnel, planning, 

9 training, and equipment across a variety of dis10 ciplines needed to effectively and efficiently prevent, 

11 prepare for, respond to, and recover from acts of 

12 terrorism consistent with established practices. 

13 ‘‘(7) FIRST RESPONDER.—The term ‘first re14 sponder’ shall have the same meaning as the term 

15 ‘emergency response provider’. 

16 ‘‘(8) INDIAN TRIBE.—The term ‘Indian tribe’ 

17 means any Indian tribe, band, nation, or other orga18 nized group or community, including any Alaskan 

19 Native village or regional or village corporation as 

20 defined in or established pursuant to the Alaskan 

21 Native Claims Settlement Act (43 U.S.C. 1601 et 

22 seq.), which is recognized as eligible for the special 

23 programs and services provided by the United States 

24 to Indians because of their status as Indians. 

25 ‘‘(9) REGION.—The term ‘region’ means—
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1 ‘‘(A) any geographic area consisting of all 

2 or parts of 2 or more contiguous States, coun3 ties, municipalities, or other local governments 

4 that have a combined population of at least 

5 1,650,000 or have an area of not less than 

6 20,000 square miles, and that, for purposes of 

7 an application for a covered grant, is rep8 resented by 1 or more governments or govern9 mental agencies within such geographic area, 

10 and that is established by law or by agreement 

11 of 2 or more such governments or governmental 

12 agencies in a mutual aid agreement; or 

13 ‘‘(B) any other combination of contiguous 

14 local government units (including such a com15 bination established by law or agreement of two 

16 or more governments or governmental agencies 

17 in a mutual aid agreement) that is formally cer18 tified by the Secretary as a region for purposes 

19 of this Act with the consent of—

20 ‘‘(i) the State or States in which they 

21 are located, including a multi-State entity 

22 established by a compact between two or 

23 more States; and 
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1 ‘‘(ii) the incorporated municipalities, 

2 counties, and parishes that they encom3 pass. 

4 ‘‘(10) TASK FORCE.—The term ‘Task Force’ 

5 means the Task Force on Terrorism Preparedness 

6 for First Responders established under section 1805. 

7 ‘‘(11) TERRORISM PREPAREDNESS.—The term 

8 ‘terrorism preparedness’ means any activity designed 

9 to improve the ability to prevent, prepare for, re10 spond to, mitigate against, or recover from threat11 ened or actual terrorist attacks. 

12 ‘‘SEC. 1802. FASTER AND SMARTER FUNDING FOR FIRST RE13 SPONDERS. 

14 ‘‘(a) COVERED GRANTS.—This title applies to grants 

15 provided by the Department to States, regions, or directly 

16 eligible tribes for the primary purpose of improving the 

17 ability of first responders to prevent, prepare for, respond 

18 to, mitigate against, or recover from threatened or actual 

19 terrorist attacks, especially those involving weapons of 

20 mass destruction, administered under the following: 

21 ‘‘(1) STATE HOMELAND SECURITY GRANT PRO22 GRAM.—The State Homeland Security Grant Pro23 gram of the Department, or any successor to such 

24 grant program. 
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1 ‘‘(2) URBAN AREA SECURITY INITIATIVE.—The 

2 Urban Area Security Initiative of the Department, 

3 or any successor to such grant program. 

4 ‘‘(3) LAW ENFORCEMENT TERRORISM PREVEN5 TION PROGRAM.—The Law Enforcement Terrorism 

6 Prevention Program of the Department, or any suc7 cessor to such grant program. 

8 ‘‘(b) EXCLUDED PROGRAMS.—This title does not 

9 apply to or otherwise affect the following Federal grant 

10 programs or any grant under such a program: 

11 ‘‘(1) NONDEPARTMENT PROGRAMS.—Any Fed12 eral grant program that is not administered by the 

13 Department. 

14 ‘‘(2) FIRE GRANT PROGRAMS.—The fire grant 

15 programs authorized by sections 33 and 34 of the 

16 Federal Fire Prevention and Control Act of 1974 

17 (15 U.S.C. 2229, 2229a). 

18 ‘‘(3) EMERGENCY MANAGEMENT PLANNING

19 AND ASSISTANCE ACCOUNT GRANTS.—The Emer20 gency Management Performance Grant program and 

21 the Urban Search and Rescue Grants program au22 thorized by title VI of the Robert T. Stafford Dis23 aster Relief and Emergency Assistance Act (42 

24 U.S.C. 5195 et seq.); the Departments of Veterans 

25 Affairs and Housing and Urban Development, and 
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1 Independent Agencies Appropriations Act, 2000 

2 (113 Stat. 1047 et seq.); and the Earthquake Haz3 ards Reduction Act of 1977 (42 U.S.C. 7701 et 

4 seq.). 

5 ‘‘SEC. 1803. COVERED GRANT ELIGIBILITY AND CRITERIA. 

6 ‘‘(a) GRANT ELIGIBILITY.—Any State, region, or di7 rectly eligible tribe shall be eligible to apply for a covered 

8 grant. 

9 ‘‘(b) GRANT CRITERIA.—The Secretary shall award 

10 covered grants to assist States and local governments in 

11 achieving, maintaining, and enhancing the essential capa12 bilities for terrorism preparedness established by the Sec13 retary. 

14 ‘‘(c) STATE HOMELAND SECURITY PLANS.—

15 ‘‘(1) SUBMISSION OF PLANS.—The Secretary 

16 shall require that any State applying to the Sec17 retary for a covered grant must submit to the Sec18 retary a 3-year State homeland security plan that—

19 ‘‘(A) describes the essential capabilities 

20 that communities within the State should pos21 sess, or to which they should have access, based 

22 upon the terrorism risk factors relevant to such 

23 communities, in order to meet the Department’s 

24 goals for terrorism preparedness; 
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1 ‘‘(B) demonstrates the extent to which the 

2 State has achieved the essential capabilities 

3 that apply to the State; 

4 ‘‘(C) demonstrates the needs of the State 

5 necessary to achieve, maintain, or enhance the 

6 essential capabilities that apply to the State; 

7 ‘‘(D) includes a prioritization of such needs 

8 based on threat, vulnerability, and consequence 

9 assessment factors applicable to the State; 

10 ‘‘(E) describes how the State intends—

11 ‘‘(i) to address such needs at the city, 

12 county, regional, tribal, State, and inter13 state level, including a precise description 

14 of any regional structure the State has es15 tablished for the purpose of organizing 

16 homeland security preparedness activities 

17 funded by covered grants; 

18 ‘‘(ii) to use all Federal, State, and 

19 local resources available for the purpose of 

20 addressing such needs; and 

21 ‘‘(iii) to give particular emphasis to 

22 regional planning and cooperation, includ23 ing the activities of multijurisdictional 

24 planning agencies governed by local offi-
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1 cials, both within its jurisdictional borders 

2 and with neighboring States; 

3 ‘‘(F) with respect to the emergency pre4 paredness of first responders, addresses the 

5 unique aspects of terrorism as part of a com6 prehensive State emergency management plan; 

7 and 

8 ‘‘(G) provides for coordination of response 

9 and recovery efforts at the local level, including 

10 procedures for effective incident command in 

11 conformance with the National Incident Man12 agement System. 

13 ‘‘(2) CONSULTATION.—The State plan sub14 mitted under paragraph (1) shall be developed in 

15 consultation with and subject to appropriate com16 ment by local governments and first responders 

17 within the State. 

18 ‘‘(3) APPROVAL BY SECRETARY.—The Sec19 retary may not award any covered grant to a State 

20 unless the Secretary has approved the applicable 

21 State homeland security plan. 

22 ‘‘(4) REVISIONS.—A State may revise the appli23 cable State homeland security plan approved by the 

24 Secretary under this subsection, subject to approval 

25 of the revision by the Secretary. 
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1 ‘‘(d) CONSISTENCY WITH STATE PLANS.—The Sec2 retary shall ensure that each covered grant is used to sup3 plement and support, in a consistent and coordinated 

4 manner, the applicable State homeland security plan or 

5 plans. 

6 ‘‘(e) APPLICATION FOR GRANT.—

7 ‘‘(1) IN GENERAL.—Except as otherwise pro8 vided in this subsection, any State, region, or di9 rectly eligible tribe may apply for a covered grant by 

10 submitting to the Secretary an application at such 

11 time, in such manner, and containing such informa12 tion as is required under this subsection, or as the 

13 Secretary may reasonably require. 

14 ‘‘(2) DEADLINES FOR APPLICATIONS AND

15 AWARDS.—All applications for covered grants must 

16 be submitted at such time as the Secretary may rea17 sonably require for the fiscal year for which they are 

18 submitted. The Secretary shall award covered grants 

19 pursuant to all approved applications for such fiscal 

20 year as soon as practicable, but not later than 

21 March 1 of such year. 

22 ‘‘(3) AVAILABILITY OF FUNDS.—All funds 

23 awarded by the Secretary under covered grants in a 

24 fiscal year shall be available for obligation through 

25 the end of the subsequent fiscal year. 
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1 ‘‘(4) MINIMUM CONTENTS OF APPLICATION.—

2 The Secretary shall require that each applicant in3 clude in its application, at a minimum—

4 ‘‘(A) the purpose for which the applicant 

5 seeks covered grant funds and the reasons why 

6 the applicant needs the covered grant to meet 

7 the essential capabilities for terrorism prepared8 ness within the State, region, or directly eligible 

9 tribe to which the application pertains; 

10 ‘‘(B) a description of how, by reference to 

11 the applicable State homeland security plan or 

12 plans under subsection (c), the allocation of 

13 grant funding proposed in the application, in14 cluding, where applicable, the amount not 

15 passed through under section 1806(g)(1), would 

16 assist in fulfilling the essential capabilities for 

17 terrorism preparedness specified in such plan or 

18 plans; 

19 ‘‘(C) a statement of whether a mutual aid 

20 agreement applies to the use of all or any por21 tion of the covered grant funds; 

22 ‘‘(D) if the applicant is a State, a descrip23 tion of how the State plans to allocate the cov24 ered grant funds to regions, local governments, 

25 and Indian tribes; 
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1 ‘‘(E) if the applicant is a region—

2 ‘‘(i) a precise geographical description 

3 of the region and a specification of all par4 ticipating and nonparticipating local gov5 ernments within the geographical area 

6 comprising that region; 

7 ‘‘(ii) a specification of what govern8 mental entity within the region will admin9 ister the expenditure of funds under the 

10 covered grant; and 

11 ‘‘(iii) a designation of a specific indi12 vidual to serve as regional liaison; 

13 ‘‘(F) a capital budget showing how the ap14 plicant intends to allocate and expend the cov15 ered grant funds; 

16 ‘‘(G) if the applicant is a directly eligible 

17 tribe, a designation of a specific individual to 

18 serve as the tribal liaison; and 

19 ‘‘(H) a statement of how the applicant in20 tends to meet the matching requirement, if any, 

21 that applies under section 1806(g)(2). 

22 ‘‘(5) REGIONAL APPLICATIONS.—

23 ‘‘(A) RELATIONSHIP TO STATE APPLICA24 TIONS.—A regional application—
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1 ‘‘(i) shall be coordinated with an ap2 plication submitted by the State or States 

3 of which such region is a part; 

4 ‘‘(ii) shall supplement and avoid dupli5 cation with such State application; and 

6 ‘‘(iii) shall address the unique regional 

7 aspects of such region’s terrorism pre8 paredness needs beyond those provided for 

9 in the application of such State or States. 

10 ‘‘(B) STATE REVIEW AND SUBMISSION.—

11 To ensure the consistency required under sub12 section (d) and the coordination required under 

13 subparagraph (A) of this paragraph, an appli14 cant that is a region must submit its applica15 tion to each State of which any part is included 

16 in the region for review and concurrence prior 

17 to the submission of such application to the 

18 Secretary. The regional application shall be 

19 transmitted to the Secretary through each such 

20 State within 30 days of its receipt, unless the 

21 Governor of such a State notifies the Secretary, 

22 in writing, that such regional application is in23 consistent with the State’s homeland security 

24 plan and provides an explanation of the reasons 

25 therefor. 
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1 ‘‘(C) DISTRIBUTION OF REGIONAL

2 AWARDS.—If the Secretary approves a regional 

3 application, then the Secretary shall distribute 

4 a regional award to the State or States submit5 ting the applicable regional application under 

6 subparagraph (B), and each such State shall, 

7 not later than the end of the 45-day period be8 ginning on the date after receiving a regional 

9 award, pass through to the region all covered 

10 grant funds or resources purchased with such 

11 funds, except those funds necessary for the 

12 State to carry out its responsibilities with re13 spect to such regional application: Provided, 

14 That in no such case shall the State or States 

15 pass through to the region less than 80 percent 

16 of the regional award. 

17 ‘‘(D) CERTIFICATIONS REGARDING DIS18 TRIBUTION OF GRANT FUNDS TO REGIONS.—

19 Any State that receives a regional award under 

20 subparagraph (C) shall certify to the Secretary, 

21 by not later than 30 days after the expiration 

22 of the period described in subparagraph (C) 

23 with respect to the grant, that the State has 

24 made available to the region the required funds 
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1 and resources in accordance with subparagraph 

2 (C). 

3 ‘‘(E) DIRECT PAYMENTS TO REGIONS.—If 

4 any State fails to pass through a regional 

5 award to a region as required by subparagraph 

6 (C) within 45 days after receiving such award 

7 and does not request or receive an extension of 

8 such period under section 1806(h)(2), the re9 gion may petition the Secretary to receive di10 rectly the portion of the regional award that is 

11 required to be passed through to such region 

12 under subparagraph (C). 

13 ‘‘(F) REGIONAL LIAISONS.—A regional li14 aison designated under paragraph (4)(E)(iii) 

15 shall—

16 ‘‘(i) coordinate with Federal, State, 

17 local, regional, and private officials within 

18 the region concerning terrorism prepared19 ness; 

20 ‘‘(ii) develop a process for receiving 

21 input from Federal, State, local, regional, 

22 and private sector officials within the re23 gion to assist in the development of the re24 gional application and to improve the re25 gion’s access to covered grants; and 
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1 ‘‘(iii) administer, in consultation with 

2 State, local, regional, and private officials 

3 within the region, covered grants awarded 

4 to the region. 

5 ‘‘(6) TRIBAL APPLICATIONS.—

6 ‘‘(A) SUBMISSION TO THE STATE OR

7 STATES.—To ensure the consistency required 

8 under subsection (d), an applicant that is a di9 rectly eligible tribe must submit its application 

10 to each State within the boundaries of which 

11 any part of such tribe is located for direct sub12 mission to the Department along with the appli13 cation of such State or States. 

14 ‘‘(B) OPPORTUNITY FOR STATE COM15 MENT.—Before awarding any covered grant to 

16 a directly eligible tribe, the Secretary shall pro17 vide an opportunity to each State within the 

18 boundaries of which any part of such tribe is lo19 cated to comment to the Secretary on the con20 sistency of the tribe’s application with the 

21 State’s homeland security plan. Any such com22 ments shall be submitted to the Secretary con23 currently with the submission of the State and 

24 tribal applications. 
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1 ‘‘(C) FINAL AUTHORITY.—The Secretary 

2 shall have final authority to determine the con3 sistency of any application of a directly eligible 

4 tribe with the applicable State homeland secu5 rity plan or plans, and to approve any applica6 tion of such tribe. The Secretary shall notify 

7 each State within the boundaries of which any 

8 part of such tribe is located of the approval of 

9 an application by such tribe. 

10 ‘‘(D) TRIBAL LIAISON.—A tribal liaison 

11 designated under paragraph (4)(G) shall—

12 ‘‘(i) coordinate with Federal, State, 

13 local, regional, and private officials con14 cerning terrorism preparedness; 

15 ‘‘(ii) develop a process for receiving 

16 input from Federal, State, local, regional, 

17 and private sector officials to assist in the 

18 development of the application of such 

19 tribe and to improve the tribe’s access to 

20 covered grants; and 

21 ‘‘(iii) administer, in consultation with 

22 State, local, regional, and private officials, 

23 covered grants awarded to such tribe. 

24 ‘‘(E) LIMITATION ON THE NUMBER OF DI25 RECT GRANTS.—The Secretary may make cov-
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1 ered grants directly to not more than 20 di2 rectly eligible tribes per fiscal year. 

3 ‘‘(F) TRIBES NOT RECEIVING DIRECT

4 GRANTS.—An Indian tribe that does not receive 

5 a grant directly under this section is eligible to 

6 receive funds under a covered grant from the 

7 State or States within the boundaries of which 

8 any part of such tribe is located, consistent with 

9 the homeland security plan of the State as de10 scribed in subsection (c). If a State fails to 

11 comply with section 1806(g)(1), the tribe may 

12 request payment under section 1806(h)(3) in 

13 the same manner as a local government. 

14 ‘‘(7) EQUIPMENT STANDARDS.—If an applicant 

15 for a covered grant proposes to upgrade or purchase, 

16 with assistance provided under the grant, new equip17 ment or systems that do not meet or exceed any ap18 plicable national voluntary consensus standards es19 tablished by the Secretary, the applicant shall in20 clude in the application an explanation of why such 

21 equipment or systems will serve the needs of the ap22 plicant better than equipment or systems that meet 

23 or exceed such standards. 
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1 ‘‘SEC. 1804. RISK-BASED EVALUATION AND 

2 PRIORITIZATION. 

3 ‘‘(a) FIRST RESPONDER GRANTS BOARD.—

4 ‘‘(1) ESTABLISHMENT OF BOARD.—The Sec5 retary shall establish a First Responder Grants 

6 Board, consisting of—

7 ‘‘(A) the Secretary; 

8 ‘‘(B) the Under Secretary for Emergency 

9 Preparedness and Response; 

10 ‘‘(C) the Under Secretary for Border and 

11 Transportation Security; 

12 ‘‘(D) the Under Secretary for Information 

13 Analysis and Infrastructure Protection; 

14 ‘‘(E) the Under Secretary for Science and 

15 Technology; 

16 ‘‘(F) the Director of the Office for Domes17 tic Preparedness; 

18 ‘‘(G) the Administrator of the United 

19 States Fire Administration; and 

20 ‘‘(H) the Administrator of the Animal and 

21 Plant Health Inspection Service. 

22 ‘‘(2) CHAIRMAN.—

23 ‘‘(A) IN GENERAL.—The Secretary shall be 

24 the Chairman of the Board. 

25 ‘‘(B) EXERCISE OF AUTHORITIES BY DEP26 UTY SECRETARY.—The Deputy Secretary of 
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1 Homeland Security may exercise the authorities 

2 of the Chairman, if the Secretary so directs. 

3 ‘‘(b) FUNCTIONS OF UNDER SECRETARIES.—The 

4 Under Secretaries referred to in subsection (a)(1) shall 

5 seek to ensure that the relevant expertise and input of the 

6 staff of their directorates are available to and considered 

7 by the Board. 

8 ‘‘(c) PRIORITIZATION OF GRANT APPLICATIONS.—

9 ‘‘(1) FACTORS TO BE CONSIDERED.—The 

10 Board shall evaluate and annually prioritize all 

11 pending applications for covered grants based upon 

12 the degree to which they would, by achieving, main13 taining, or enhancing the essential capabilities of the 

14 applicants on a nationwide basis, lessen the threat 

15 to, vulnerability of, and consequences for persons 

16 (including transient commuting and tourist popu17 lations) and critical infrastructure. Such evaluation 

18 and prioritization shall be based upon the most cur19 rent risk assessment available by the Directorate for 

20 Information Analysis and Infrastructure Protection 

21 of the threats of terrorism against the United 

22 States. The Board shall coordinate with State, local, 

23 regional, and tribal officials in establishing criteria 

24 for evaluating and prioritizing applications for cov25 ered grants. 
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1 ‘‘(2) CRITICAL INFRASTRUCTURE SECTORS.—

2 The Board specifically shall consider threats of ter3 rorism against the following critical infrastructure 

4 sectors in all areas of the United States, urban and 

5 rural: 

6 ‘‘(A) Agriculture and food. 

7 ‘‘(B) Banking and finance. 

8 ‘‘(C) Chemical industries. 

9 ‘‘(D) The defense industrial base. 

10 ‘‘(E) Emergency services. 

11 ‘‘(F) Energy. 

12 ‘‘(G) Government facilities. 

13 ‘‘(H) Postal and shipping. 

14 ‘‘(I) Public health and health care. 

15 ‘‘(J) Information technology. 

16 ‘‘(K) Telecommunications. 

17 ‘‘(L) Transportation systems. 

18 ‘‘(M) Water. 

19 ‘‘(N) Dams. 

20 ‘‘(O) Commercial facilities. 

21 ‘‘(P) National monuments and icons. 

22 The order in which the critical infrastructure sectors 

23 are listed in this paragraph shall not be construed 

24 as an order of priority for consideration of the im25 portance of such sectors. 
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1 ‘‘(3) TYPES OF THREAT.—The Board specifi2 cally shall consider the following types of threat to 

3 the critical infrastructure sectors described in para4 graph (2), and to populations in all areas of the 

5 United States, urban and rural: 

6 ‘‘(A) Biological threats. 

7 ‘‘(B) Nuclear threats. 

8 ‘‘(C) Radiological threats. 

9 ‘‘(D) Incendiary threats. 

10 ‘‘(E) Chemical threats. 

11 ‘‘(F) Explosives. 

12 ‘‘(G) Suicide bombers. 

13 ‘‘(H) Cyber threats. 

14 ‘‘(I) Any other threats based on proximity 

15 to specific past acts of terrorism or the known 

16 activity of any terrorist group. 

17 The order in which the types of threat are listed in 

18 this paragraph shall not be construed as an order of 

19 priority for consideration of the importance of such 

20 threats. 

21 ‘‘(4) CONSIDERATION OF ADDITIONAL FAC22 TORS.—The Board shall take into account any other 

23 specific threat to a population (including a transient 

24 commuting or tourist population) or critical infra25 structure sector that the Board has determined to 
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1 exist. In evaluating the threat to a population or 

2 critical infrastructure sector, the Board shall give 

3 greater weight to threats of terrorism based upon 

4 their specificity and credibility, including any pat5 tern of repetition. 

6 ‘‘(5) MINIMUM AMOUNTS.—After evaluating 

7 and prioritizing grant applications under paragraph 

8 (1), the Board shall ensure that, for each fiscal 

9 year—

10 ‘‘(A) each of the States, other than the 

11 Virgin Islands, American Samoa, Guam, and 

12 the Northern Mariana Islands, that has an ap13 proved State homeland security plan receives no 

14 less than 0.25 percent of the funds available for 

15 covered grants for that fiscal year for purposes 

16 of implementing its homeland security plan in 

17 accordance with the prioritization of needs 

18 under section 1803(c)(1)(D); 

19 ‘‘(B) each of the States, other than the 

20 Virgin Islands, American Samoa, Guam, and 

21 the Northern Mariana Islands, that has an ap22 proved State homeland security plan and that 

23 meets one or both of the additional high-risk 

24 qualifying criteria under paragraph (6) receives 

25 no less than 0.45 percent of the funds available 
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1 for covered grants for that fiscal year for pur2 poses of implementing its homeland security 

3 plan in accordance with the prioritization of 

4 needs under section 1803(c)(1)(D); 

5 ‘‘(C) the Virgin Islands, American Samoa, 

6 Guam, and the Northern Mariana Islands each 

7 receives no less than 0.08 percent of the funds 

8 available for covered grants for that fiscal year 

9 for purposes of implementing its approved State 

10 homeland security plan in accordance with the 

11 prioritization of needs under section 

12 1803(c)(1)(D); and 

13 ‘‘(D) directly eligible tribes collectively re14 ceive no less than 0.08 percent of the funds 

15 available for covered grants for such fiscal year 

16 for purposes of addressing the needs identified 

17 in the applications of such tribes, consistent 

18 with the homeland security plan of each State 

19 within the boundaries of which any part of any 

20 such tribe is located, except that this clause 

21 shall not apply with respect to funds available 

22 for a fiscal year if the Secretary receives less 

23 than 5 applications for such fiscal year from 

24 such tribes under section 1803(e)(6)(A) or does 

25 not approve at least one such application. 
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1 ‘‘(6) ADDITIONAL HIGH-RISK QUALIFYING CRI2 TERIA.—For purposes of paragraph (5)(B), addi3 tional high-risk qualifying criteria consist of—

4 ‘‘(A) having a significant international 

5 land border; or 

6 ‘‘(B) adjoining a body of water within 

7 North America through which an international 

8 boundary line extends. 

9 ‘‘(d) EFFECT OF REGIONAL AWARDS ON STATE MIN10 IMUM.—Any regional award, or portion thereof, provided 

11 to a State under section 1803(e)(5)(C) shall not be consid12 ered in calculating the minimum State award under sub13 section (c)(5) of this section. 

14 ‘‘SEC. 1805. TASK FORCE ON TERRORISM PREPAREDNESS 

15 FOR FIRST RESPONDERS. 

16 ‘‘(a) ESTABLISHMENT.—To assist the Secretary in 

17 updating, revising, or replacing essential capabilities for 

18 terrorism preparedness, the Secretary shall establish an 

19 advisory body pursuant to section 871(a) not later than 

20 60 days after the date of the enactment of this section, 

21 which shall be known as the Task Force on Terrorism Pre22 paredness for First Responders. 

23 ‘‘(b) UPDATE, REVISE, OR REPLACE.—The Secretary 

24 shall regularly update, revise, or replace the essential ca-
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1 pabilities for terrorism preparedness as necessary, but not 

2 less than every 3 years. 

3 ‘‘(c) REPORT.—

4 ‘‘(1) IN GENERAL.—The Task Force shall sub5 mit to the Secretary, by not later than 12 months 

6 after its establishment by the Secretary under sub7 section (a) and not later than every 2 years there8 after, a report on its recommendations for essential 

9 capabilities for terrorism preparedness. 

10 ‘‘(2) CONTENTS.—Each report shall—

11 ‘‘(A) include a priority ranking of essential 

12 capabilities in order to provide guidance to the 

13 Secretary and to the Congress on determining 

14 the appropriate allocation of, and funding levels 

15 for, first responder needs; 

16 ‘‘(B) set forth a methodology by which any 

17 State or local government will be able to deter18 mine the extent to which it possesses or has ac19 cess to the essential capabilities that States and 

20 local governments having similar risks should 

21 obtain; 

22 ‘‘(C) describe the availability of national 

23 voluntary consensus standards, and whether 

24 there is a need for new national voluntary con-
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1 sensus standards, with respect to first re2 sponder training and equipment; 

3 ‘‘(D) include such additional matters as 

4 the Secretary may specify in order to further 

5 the terrorism preparedness capabilities of first 

6 responders; and 

7 ‘‘(E) include such revisions to the contents 

8 of previous reports as are necessary to take into 

9 account changes in the most current risk as10 sessment available by the Directorate for Infor11 mation Analysis and Infrastructure Protection 

12 or other relevant information as determined by 

13 the Secretary. 

14 ‘‘(3) CONSISTENCY WITH FEDERAL WORKING

15 GROUP.—The Task Force shall ensure that its rec16 ommendations for essential capabilities for terrorism 

17 preparedness are, to the extent feasible, consistent 

18 with any preparedness goals or recommendations of 

19 the Federal working group established under section 

20 319F(a) of the Public Health Service Act (42 U.S.C. 

21 247d–6(a)). 

22 ‘‘(4) COMPREHENSIVENESS.—The Task Force 

23 shall ensure that its recommendations regarding es24 sential capabilities for terrorism preparedness are 
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1 made within the context of a comprehensive State 

2 emergency management system. 

3 ‘‘(5) PRIOR MEASURES.—The Task Force shall 

4 ensure that its recommendations regarding essential 

5 capabilities for terrorism preparedness take into ac6 count any capabilities that State or local officials 

7 have determined to be essential and have undertaken 

8 since September 11, 2001, to prevent, prepare for, 

9 respond to, or recover from terrorist attacks. 

10 ‘‘(d) MEMBERSHIP.—

11 ‘‘(1) IN GENERAL.—The Task Force shall con12 sist of 25 members appointed by the Secretary, and 

13 shall, to the extent practicable, represent a geo14 graphic (including urban and rural) and substantive 

15 cross section of governmental and nongovernmental 

16 first responder disciplines from the State and local 

17 levels, including as appropriate—

18 ‘‘(A) members selected from the emergency 

19 response field, including fire service and law en20 forcement, hazardous materials response, emer21 gency medical services, and emergency manage22 ment personnel (including public works per23 sonnel routinely engaged in emergency re24 sponse); 
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1 ‘‘(B) health scientists, emergency and in2 patient medical providers, and public health 

3 professionals, including experts in emergency 

4 health care response to chemical, biological, ra5 diological, and nuclear terrorism, and experts in 

6 providing mental health care during emergency 

7 response operations; 

8 ‘‘(C) experts from Federal, State, and local 

9 governments, and the private sector, rep10 resenting standards-setting organizations, in11 cluding representation from the voluntary con12 sensus codes and standards development com13 munity, particularly those with expertise in first 

14 responder disciplines; and 

15 ‘‘(D) State and local officials with exper16 tise in terrorism preparedness, subject to the 

17 condition that if any such official is an elected 

18 official representing one of the two major polit19 ical parties, an equal number of elected officials 

20 shall be selected from each such party. 

21 ‘‘(2) COORDINATION WITH THE DEPARTMENT

22 OF HEALTH AND HEALTH SERVICES.—In the selec23 tion of members of the Task Force who are health 

24 professionals, including emergency medical profes-
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1 sionals, the Secretary shall coordinate such selection 

2 with the Secretary of Health and Human Services. 

3 ‘‘(3) EX OFFICIO MEMBERS.—The Secretary 

4 and the Secretary of Health and Human Services 

5 shall each designate one or more officers of their re6 spective Departments to serve as ex officio members 

7 of the Task Force. One of the ex officio members 

8 from the Department of Homeland Security shall be 

9 the designated officer of the Federal Government for 

10 purposes of subsection (e) of section 10 of the Fed11 eral Advisory Committee Act (5 U.S.C. App.). 

12 ‘‘(e) APPLICABILITY OF FEDERAL ADVISORY COM13 MITTEE ACT.—Notwithstanding section 871(a), the Fed14 eral Advisory Committee Act (5 U.S.C. App.), including 

15 subsections (a), (b), and (d) of section 10 of such Act, 

16 and section 552b(c) of title 5, United States Code, shall 

17 apply to the Task Force. 

18 ‘‘SEC. 1806. USE OF FUNDS AND ACCOUNTABILITY RE19 QUIREMENTS. 

20 ‘‘(a) IN GENERAL.—A covered grant may be used 

21 for—

22 ‘‘(1) purchasing or upgrading equipment, in23 cluding computer software, to enhance terrorism 

24 preparedness; 
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1 ‘‘(2) exercises to strengthen terrorism prepared2 ness; 

3 ‘‘(3) training for prevention (including detec4 tion) of, preparedness for, response to, or recovery 

5 from attacks involving weapons of mass destruction, 

6 including training in the use of equipment and com7 puter software; 

8 ‘‘(4) developing or updating State homeland se9 curity plans, risk assessments, mutual aid agree10 ments, and emergency management plans to enhance 

11 terrorism preparedness; 

12 ‘‘(5) establishing or enhancing mechanisms for 

13 sharing terrorism threat information; 

14 ‘‘(6) systems architecture and engineering, pro15 gram planning and management, strategy formula16 tion and strategic planning, life-cycle systems de17 sign, product and technology evaluation, and proto18 type development for terrorism preparedness pur19 poses; 

20 ‘‘(7) additional personnel costs resulting from—

21 ‘‘(A) elevations in the threat alert level of 

22 the Homeland Security Advisory System by the 

23 Secretary, or a similar elevation in threat alert 

24 level issued by a State, region, or local govern25 ment with the approval of the Secretary; 
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1 ‘‘(B) travel to and participation in exer2 cises and training in the use of equipment and 

3 on prevention activities; and 

4 ‘‘(C) the temporary replacement of per5 sonnel during any period of travel to and par6 ticipation in exercises and training in the use of 

7 equipment and on prevention activities; 

8 ‘‘(8) the costs of equipment (including software) 

9 required to receive, transmit, handle, and store clas10 sified information; 

11 ‘‘(9) protecting critical infrastructure against 

12 potential attack by the addition of barriers, fences, 

13 gates, and other such devices, except that the cost 

14 of such measures may not exceed the greater of—

15 ‘‘(A) $1,000,000 per project; or 

16 ‘‘(B) such greater amount as may be ap17 proved by the Secretary, which may not exceed 

18 10 percent of the total amount of the covered 

19 grant; 

20 ‘‘(10) the costs of commercially available inter21 operable communications equipment (which, where 

22 applicable, is based on national, voluntary consensus 

23 standards) that the Secretary, in consultation with 

24 the Chairman of the Federal Communications Com25 mission, deems best suited to facilitate interoper-
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1 ability, coordination, and integration between and 

2 among emergency communications systems, and that 

3 complies with prevailing grant guidance of the De4 partment for interoperable communications; 

5 ‘‘(11) educational curricula development for 

6 first responders to ensure that they are prepared for 

7 terrorist attacks; 

8 ‘‘(12) training and exercises to assist public ele9 mentary and secondary schools in developing and 

10 implementing programs to instruct students regard11 ing age-appropriate skills to prevent, prepare for, re12 spond to, mitigate against, or recover from an act of 

13 terrorism; 

14 ‘‘(13) paying of administrative expenses directly 

15 related to administration of the grant, except that 

16 such expenses may not exceed 3 percent of the 

17 amount of the grant; 

18 ‘‘(14) paying for the conduct of any activity 

19 permitted under the Law Enforcement Terrorism 

20 Prevention Program, or any such successor to such 

21 program; and 

22 ‘‘(15) other appropriate activities as determined 

23 by the Secretary. 

24 ‘‘(b) PROHIBITED USES.—Funds provided as a cov25 ered grant may not be used—
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1 ‘‘(1) to supplant State or local funds; 

2 ‘‘(2) to construct buildings or other physical fa3 cilities; 

4 ‘‘(3) to acquire land; or 

5 ‘‘(4) for any State or local government cost 

6 sharing contribution. 

7 ‘‘(c) MULTIPLE-PURPOSE FUNDS.—Nothing in this 

8 section shall be construed to preclude State and local gov9 ernments from using covered grant funds in a manner 

10 that also enhances first responder preparedness for emer11 gencies and disasters unrelated to acts of terrorism, if 

12 such use assists such governments in achieving essential 

13 capabilities for terrorism preparedness established by the 

14 Secretary. 

15 ‘‘(d) REIMBURSEMENT OF COSTS.—(1) In addition 

16 to the activities described in subsection (a), a covered 

17 grant may be used to provide a reasonable stipend to paid18 on-call or volunteer first responders who are not otherwise 

19 compensated for travel to or participation in training cov20 ered by this section. Any such reimbursement shall not 

21 be considered compensation for purposes of rendering 

22 such a first responder an employee under the Fair Labor 

23 Standards Act of 1938 (29 U.S.C. 201 et seq.). 

24 ‘‘(2) An applicant for a covered grant may petition 

25 the Secretary for the reimbursement of the cost of any 
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1 activity relating to prevention (including detection) of, pre2 paredness for, response to, or recovery from acts of ter3 rorism that is a Federal duty and usually performed by 

4 a Federal agency, and that is being performed by a State 

5 or local government (or both) under agreement with a 

6 Federal agency. 

7 ‘‘(e) ASSISTANCE REQUIREMENT.—The Secretary 

8 may not require that equipment paid for, wholly or in part, 

9 with funds provided as a covered grant be made available 

10 for responding to emergencies in surrounding States, re11 gions, and localities, unless the Secretary undertakes to 

12 pay the costs directly attributable to transporting and op13 erating such equipment during such response. 

14 ‘‘(f) FLEXIBILITY IN UNSPENT HOMELAND SECU15 RITY GRANT FUNDS.—Upon request by the recipient of 

16 a covered grant, the Secretary may authorize the grantee 

17 to transfer all or part of funds provided as the covered 

18 grant from uses specified in the grant agreement to other 

19 uses authorized under this section, if the Secretary deter20 mines that such transfer is in the interests of homeland 

21 security. 

22 ‘‘(g) STATE, REGIONAL, AND TRIBAL RESPONSIBIL23 ITIES.—

24 ‘‘(1) PASS-THROUGH.—The Secretary shall re25 quire a recipient of a covered grant that is a State 
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1 to obligate or otherwise make available to local gov2 ernments, first responders, and other local groups, 

3 to the extent required under the State homeland se4 curity plan or plans specified in the application for 

5 the grant, not less than 80 percent of the grant 

6 funds, resources purchased with the grant funds 

7 having a value equal to at least 80 percent of the 

8 amount of the grant, or a combination thereof, by 

9 not later than the end of the 45-day period begin10 ning on the date the grant recipient receives the 

11 grant funds. 

12 ‘‘(2) COST SHARING.—

13 ‘‘(A) IN GENERAL.—The Federal share of 

14 the costs of an activity carried out with a cov15 ered grant to a State, region, or directly eligible 

16 tribe awarded after the 2-year period beginning 

17 on the date of the enactment of this section 

18 shall not exceed 75 percent. 

19 ‘‘(B) INTERIM RULE.—The Federal share 

20 of the costs of an activity carried out with a 

21 covered grant awarded before the end of the 2-

22 year period beginning on the date of the enact23 ment of this section shall be 100 percent. 

24 ‘‘(C) IN-KIND MATCHING.—Each recipient 

25 of a covered grant may meet the matching re-
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1 quirement under subparagraph (A) by making 

2 in-kind contributions of goods or services that 

3 are directly linked with the purpose for which 

4 the grant is made, including, but not limited to, 

5 any necessary personnel overtime, contractor 

6 services, administrative costs, equipment fuel 

7 and maintenance, and rental space. 

8 ‘‘(3) CERTIFICATIONS REGARDING DISTRIBU9 TION OF GRANT FUNDS TO LOCAL GOVERNMENTS.—

10 Any State that receives a covered grant shall certify 

11 to the Secretary, by not later than 30 days after the 

12 expiration of the period described in paragraph (1) 

13 with respect to the grant, that the State has made 

14 available for expenditure by local governments, first 

15 responders, and other local groups the required 

16 amount of grant funds pursuant to paragraph (1). 

17 ‘‘(4) QUARTERLY REPORT ON HOMELAND SECU18 RITY SPENDING.—The Federal share described in 

19 paragraph (2)(A) may be increased by up to 2 per20 cent for any State, region, or directly eligible tribe 

21 that, not later than 30 days after the end of each 

22 fiscal quarter, submits to the Secretary a report on 

23 that fiscal quarter. Each such report must include, 

24 for each recipient of a covered grant or a pass25 through under paragraph (1)—
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1 ‘‘(A) the amount obligated to that recipient 

2 in that quarter; 

3 ‘‘(B) the amount expended by that recipi4 ent in that quarter; and 

5 ‘‘(C) a summary description of the items 

6 purchased by such recipient with such amount. 

7 ‘‘(5) ANNUAL REPORT ON HOMELAND SECU8 RITY SPENDING.—Each recipient of a covered grant 

9 shall submit an annual report to the Secretary not 

10 later than 60 days after the end of each Federal fis11 cal year. Each recipient of a covered grant that is 

12 a region must simultaneously submit its report to 

13 each State of which any part is included in the re14 gion. Each recipient of a covered grant that is a di15 rectly eligible tribe must simultaneously submit its 

16 report to each State within the boundaries of which 

17 any part of such tribe is located. Each report must 

18 include the following: 

19 ‘‘(A) The amount, ultimate recipients, and 

20 dates of receipt of all funds received under the 

21 grant during the previous fiscal year. 

22 ‘‘(B) The amount and the dates of dis23 bursements of all such funds expended in com24 pliance with paragraph (1) or pursuant to mu25 tual aid agreements or other sharing arrange-
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1 ments that apply within the State, region, or di2 rectly eligible tribe, as applicable, during the 

3 previous fiscal year. 

4 ‘‘(C) How the funds were utilized by each 

5 ultimate recipient or beneficiary during the pre6 ceding fiscal year. 

7 ‘‘(D) The extent to which essential capa8 bilities identified in the applicable State home9 land security plan or plans were achieved, main10 tained, or enhanced as the result of the expend11 iture of grant funds during the preceding fiscal 

12 year. 

13 ‘‘(E) The extent to which essential capa14 bilities identified in the applicable State home15 land security plan or plans remain unmet. 

16 ‘‘(6) INCLUSION OF RESTRICTED ANNEXES.—A 

17 recipient of a covered grant may submit to the Sec18 retary an annex to the annual report under para19 graph (5) that is subject to appropriate handling re20 strictions, if the recipient believes that discussion in 

21 the report of unmet needs would reveal sensitive but 

22 unclassified information. 

23 ‘‘(7) PROVISION OF REPORTS.—The Secretary 

24 shall ensure that each annual report under para25 graph (5) is provided to the Under Secretary for 
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1 Emergency Preparedness and Response and the Di2 rector of the Office for Domestic Preparedness. 

3 ‘‘(h) INCENTIVES TO EFFICIENT ADMINISTRATION

4 OF HOMELAND SECURITY GRANTS.—

5 ‘‘(1) PENALTIES FOR DELAY IN PASSING

6 THROUGH LOCAL SHARE.—If a recipient of a cov7 ered grant that is a State fails to pass through to 

8 local governments, first responders, and other local 

9 groups funds or resources required by subsection 

10 (g)(1) within 45 days after receiving funds under 

11 the grant, the Secretary may—

12 ‘‘(A) reduce grant payments to the grant 

13 recipient from the portion of grant funds that 

14 is not required to be passed through under sub15 section (g)(1); 

16 ‘‘(B) terminate payment of funds under 

17 the grant to the recipient, and transfer the ap18 propriate portion of those funds directly to local 

19 first responders that were intended to receive 

20 funding under that grant; or 

21 ‘‘(C) impose additional restrictions or bur22 dens on the recipient’s use of funds under the 

23 grant, which may include—
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1 ‘‘(i) prohibiting use of such funds to 

2 pay the grant recipient’s grant-related 

3 overtime or other expenses; 

4 ‘‘(ii) requiring the grant recipient to 

5 distribute to local government beneficiaries 

6 all or a portion of grant funds that are not 

7 required to be passed through under sub8 section (g)(1); or 

9 ‘‘(iii) for each day that the grant re10 cipient fails to pass through funds or re11 sources in accordance with subsection 

12 (g)(1), reducing grant payments to the 

13 grant recipient from the portion of grant 

14 funds that is not required to be passed 

15 through under subsection (g)(1), except 

16 that the total amount of such reduction 

17 may not exceed 20 percent of the total 

18 amount of the grant. 

19 ‘‘(2) EXTENSION OF PERIOD.—The Governor of 

20 a State may request in writing that the Secretary 

21 extend the 45-day period under section 

22 1803(e)(5)(E) or paragraph (1) for an additional 

23 15-day period. The Secretary may approve such a 

24 request, and may extend such period for additional 

25 15-day periods, if the Secretary determines that the 
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1 resulting delay in providing grant funding to the 

2 local government entities that will receive funding 

3 under the grant will not have a significant detri4 mental impact on such entities’ terrorism prepared5 ness efforts. 

6 ‘‘(3) PROVISION OF NON-LOCAL SHARE TO

7 LOCAL GOVERNMENT.—

8 ‘‘(A) IN GENERAL.—The Secretary may 

9 upon request by a local government pay to the 

10 local government a portion of the amount of a 

11 covered grant awarded to a State in which the 

12 local government is located, if—

13 ‘‘(i) the local government will use the 

14 amount paid to expedite planned enhance15 ments to its terrorism preparedness as de16 scribed in any applicable State homeland 

17 security plan or plans; 

18 ‘‘(ii) the State has failed to pass 

19 through funds or resources in accordance 

20 with subsection (g)(1); and 

21 ‘‘(iii) the local government complies 

22 with subparagraphs (B) and (C). 

23 ‘‘(B) SHOWING REQUIRED.—To receive a 

24 payment under this paragraph, a local govern25 ment must demonstrate that—
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1 ‘‘(i) it is identified explicitly as an ul2 timate recipient or intended beneficiary in 

3 the approved grant application; 

4 ‘‘(ii) it was intended by the grantee to 

5 receive a severable portion of the overall 

6 grant for a specific purpose that is identi7 fied in the grant application; 

8 ‘‘(iii) it petitioned the grantee for the 

9 funds or resources after expiration of the 

10 period within which the funds or resources 

11 were required to be passed through under 

12 subsection (g)(1); and 

13 ‘‘(iv) it did not receive the portion of 

14 the overall grant that was earmarked or 

15 designated for its use or benefit. 

16 ‘‘(C) EFFECT OF PAYMENT.—Payment of 

17 grant funds to a local government under this 

18 paragraph—

19 ‘‘(i) shall not affect any payment to 

20 another local government under this para21 graph; and 

22 ‘‘(ii) shall not prejudice consideration 

23 of a request for payment under this para24 graph that is submitted by another local 

25 government. 
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1 ‘‘(D) DEADLINE FOR ACTION BY SEC2 RETARY.—The Secretary shall approve or dis3 approve each request for payment under this 

4 paragraph by not later than 15 days after the 

5 date the request is received by the Department. 

6 ‘‘(i) REPORTS TO CONGRESS.—The Secretary shall 

7 submit an annual report to the Congress by January 31 

8 of each year covering the preceding fiscal year—

9 ‘‘(1) describing in detail the amount of Federal 

10 funds provided as covered grants that were directed 

11 to each State, region, and directly eligible tribe in 

12 the preceding fiscal year; 

13 ‘‘(2) containing information on the use of such 

14 grant funds by grantees; and 

15 ‘‘(3) describing—

16 ‘‘(A) the Nation’s progress in achieving, 

17 maintaining, and enhancing the essential capa18 bilities established by the Secretary as a result 

19 of the expenditure of covered grant funds dur20 ing the preceding fiscal year; and 

21 ‘‘(B) an estimate of the amount of expend22 itures required to attain across the United 

23 States the essential capabilities established by 

24 the Secretary. 
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1 ‘‘SEC. 1807. NATIONAL STANDARDS FOR FIRST RESPONDER 

2 EQUIPMENT AND TRAINING. 

3 ‘‘(a) EQUIPMENT STANDARDS.—

4 ‘‘(1) IN GENERAL.—The Secretary, in consulta5 tion with the Under Secretaries for Emergency Pre6 paredness and Response and Science and Tech7 nology and the Director of the Office for Domestic 

8 Preparedness, shall, not later than 6 months after 

9 the date of enactment of this section, support the 

10 development of, promulgate, and update as nec11 essary national voluntary consensus standards for 

12 the performance, use, and validation of first re13 sponder equipment for purposes of section 

14 1805(e)(7). Such standards—

15 ‘‘(A) shall be, to the maximum extent prac16 ticable, consistent with any existing voluntary 

17 consensus standards; 

18 ‘‘(B) shall take into account, as appro19 priate, new types of terrorism threats that may 

20 not have been contemplated when such existing 

21 standards were developed; 

22 ‘‘(C) shall be focused on maximizing inter23 operability, interchangeability, durability, flexi24 bility, efficiency, efficacy, portability, sustain25 ability, and safety; and 
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1 ‘‘(D) shall cover all appropriate uses of the 

2 equipment. 

3 ‘‘(2) REQUIRED CATEGORIES.—In carrying out 

4 paragraph (1), the Secretary shall specifically con5 sider the following categories of first responder 

6 equipment: 

7 ‘‘(A) Thermal imaging equipment. 

8 ‘‘(B) Radiation detection and analysis 

9 equipment. 

10 ‘‘(C) Biological detection and analysis 

11 equipment. 

12 ‘‘(D) Chemical detection and analysis 

13 equipment. 

14 ‘‘(E) Decontamination and sterilization 

15 equipment. 

16 ‘‘(F) Personal protective equipment, in17 cluding garments, boots, gloves, and hoods and 

18 other protective clothing. 

19 ‘‘(G) Respiratory protection equipment. 

20 ‘‘(H) Interoperable communications, in21 cluding wireless and wireline voice, video, and 

22 data networks. 

23 ‘‘(I) Explosive mitigation devices and ex24 plosive detection and analysis equipment. 

25 ‘‘(J) Containment vessels. 
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1 ‘‘(K) Contaminant-resistant vehicles. 

2 ‘‘(L) Such other equipment for which the 

3 Secretary determines that national voluntary 

4 consensus standards would be appropriate. 

5 ‘‘(b) TRAINING STANDARDS.—

6 ‘‘(1) IN GENERAL.—The Secretary, in consulta7 tion with the Under Secretaries for Emergency Pre8 paredness and Response and Science and Tech9 nology and the Director of the Office for Domestic 

10 Preparedness, shall support the development of, pro11 mulgate, and regularly update as necessary national 

12 voluntary consensus standards for first responder 

13 training carried out with amounts provided under 

14 covered grant programs, that will enable State and 

15 local government first responders to achieve optimal 

16 levels of terrorism preparedness as quickly as prac17 ticable. Such standards shall give priority to pro18 viding training to—

19 ‘‘(A) enable first responders to prevent, 

20 prepare for, respond to, mitigate against, and 

21 recover from terrorist threats, including threats 

22 from chemical, biological, nuclear, and radio23 logical weapons and explosive devices capable of 

24 inflicting significant human casualties; and 
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1 ‘‘(B) familiarize first responders with the 

2 proper use of equipment, including software, 

3 developed pursuant to the standards established 

4 under subsection (a). 

5 ‘‘(2) REQUIRED CATEGORIES.—In carrying out 

6 paragraph (1), the Secretary specifically shall in7 clude the following categories of first responder ac8 tivities: 

9 ‘‘(A) Regional planning. 

10 ‘‘(B) Joint exercises. 

11 ‘‘(C) Intelligence collection, analysis, and 

12 sharing. 

13 ‘‘(D) Emergency notification of affected 

14 populations. 

15 ‘‘(E) Detection of biological, nuclear, radi16 ological, and chemical weapons of mass destruc17 tion. 

18 ‘‘(F) Such other activities for which the 

19 Secretary determines that national voluntary 

20 consensus training standards would be appro21 priate. 

22 ‘‘(3) CONSISTENCY.—In carrying out this sub23 section, the Secretary shall ensure that such training 

24 standards are consistent with the principles of emer25 gency preparedness for all hazards. 
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1 ‘‘(c) CONSULTATION WITH STANDARDS ORGANIZA2 TIONS.—In establishing national voluntary consensus 

3 standards for first responder equipment and training 

4 under this section, the Secretary shall consult with rel5 evant public and private sector groups, including—

6 ‘‘(1) the National Institute of Standards and 

7 Technology; 

8 ‘‘(2) the National Fire Protection Association; 

9 ‘‘(3) the National Association of County and 

10 City Health Officials; 

11 ‘‘(4) the Association of State and Territorial 

12 Health Officials; 

13 ‘‘(5) the American National Standards Insti14 tute; 

15 ‘‘(6) the National Institute of Justice; 

16 ‘‘(7) the Inter-Agency Board for Equipment 

17 Standardization and Interoperability; 

18 ‘‘(8) the National Public Health Performance 

19 Standards Program; 

20 ‘‘(9) the National Institute for Occupational 

21 Safety and Health; 

22 ‘‘(10) ASTM International; 

23 ‘‘(11) the International Safety Equipment Asso24 ciation; 
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1 ‘‘(12) the Emergency Management Accredita2 tion Program; and 

3 ‘‘(13) to the extent the Secretary considers ap4 propriate, other national voluntary consensus stand5 ards development organizations, other interested 

6 Federal, State, and local agencies, and other inter7 ested persons. 

8 ‘‘(d) COORDINATION WITH SECRETARY OF HHS.—

9 In establishing any national voluntary consensus stand10 ards under this section for first responder equipment or 

11 training that involve or relate to health professionals, in12 cluding emergency medical professionals, the Secretary 

13 shall coordinate activities under this section with the Sec14 retary of Health and Human Services.’’. 

15 (b) DEFINITION OF EMERGENCY RESPONSE PRO16 VIDERS.—Paragraph (6) of section 2 of the Homeland Se17 curity Act of 2002 (Public Law 107–296; 6 U.S.C. 

18 101(6)) is amended by striking ‘‘includes’’ and all that 

19 follows and inserting ‘‘includes Federal, State, and local 

20 governmental and nongovernmental emergency public 

21 safety, law enforcement, fire, emergency response, emer22 gency medical (including hospital emergency facilities), 

23 and related personnel, organizations, agencies, and au24 thorities.’’. 
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1 SEC. 129. OVERSIGHT. 

2 The Secretary of Homeland Security shall establish 

3 within the Office for Domestic Preparedness an Office of 

4 the Comptroller to oversee the grants distribution process 

5 and the financial management of the Office for Domestic 

6 Preparedness. 

7 SEC. 130. GAO REPORT ON AN INVENTORY AND STATUS OF 

8 HOMELAND SECURITY FIRST RESPONDER 

9 TRAINING. 

10 (a) IN GENERAL.—The Comptroller General of the 

11 United States shall report to the Congress in accordance 

12 with this section—

13 (1) on the overall inventory and status of first 

14 responder training programs of the Department of 

15 Homeland Security and other departments and 

16 agencies of the Federal Government; and 

17 (2) the extent to which such programs are co18 ordinated. 

19 (b) CONTENTS OF REPORTS.—The reports under this 

20 section shall include—

21 (1) an assessment of the effectiveness of the 

22 structure and organization of such training pro23 grams; 

24 (2) recommendations to—
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1 (A) improve the coordination, structure, 

2 and organization of such training programs; 

3 and 

4 (B) increase the availability of training to 

5 first responders who are not able to attend cen6 tralized training programs; 

7 (3) the structure and organizational effective8 ness of such programs for first responders in rural 

9 communities; 

10 (4) identification of any duplication or redun11 dancy among such programs; 

12 (5) a description of the use of State and local 

13 training institutions, universities, centers, and the 

14 National Domestic Preparedness Consortium in de15 signing and providing training; 

16 (6) a cost-benefit analysis of the costs and time 

17 required for first responders to participate in train18 ing courses at Federal institutions; 

19 (7) an assessment of the approval process for 

20 certifying non-Department of Homeland Security 

21 training courses that are useful for anti-terrorism 

22 purposes as eligible for grants awarded by the De23 partment; 
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1 (8) a description of the use of Department of 

2 Homeland Security grant funds by States and local 

3 governments to acquire training; 

4 (9) an analysis of the feasibility of Federal, 

5 State, and local personnel to receive the training 

6 that is necessary to adopt the National Response 

7 Plan and the National Incident Management Sys8 tem; and 

9 (10) the role of each first responder training in10 stitution within the Department of Homeland Secu11 rity in the design and implementation of terrorism 

12 preparedness and related training courses for first 

13 responders. 

14 (c) DEADLINES.—The Comptroller General shall—

15 (1) submit a report under subsection (a)(1) by 

16 not later than 60 days after the date of the enact17 ment of this Act; and 

18 (2) submit a report on the remainder of the 

19 topics required by this section by not later than 120 

20 days after the date of the enactment of this Act. 

21 SEC. 131. REMOVAL OF CIVIL LIABILITY BARRIERS THAT 

22 DISCOURAGE THE DONATION OF FIRE EQUIP23 MENT TO VOLUNTEER FIRE COMPANIES. 

24 (a) LIABILITY PROTECTION.—A person who donates 

25 fire control or fire rescue equipment to a volunteer fire 
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1 company shall not be liable for civil damages under any 

2 State or Federal law for personal injuries, property dam3 age or loss, or death caused by the equipment after the 

4 donation. 

5 (b) EXCEPTIONS.—Subsection (a) does not apply to 

6 a person if—

7 (1) the person’s act or omission causing the in8 jury, damage, loss, or death constitutes gross neg9 ligence or intentional misconduct; or 

10 (2) the person is the manufacturer of the fire 

11 control or fire rescue equipment. 

12 (c) PREEMPTION.—This section preempts the laws of 

13 any State to the extent that such laws are inconsistent 

14 with this section, except that notwithstanding subsection 

15 (b) this section shall not preempt any State law that pro16 vides additional protection from liability for a person who 

17 donates fire control or fire rescue equipment to a volunteer 

18 fire company. 

19 (d) DEFINITIONS.—In this section: 

20 (1) PERSON.—The term ‘‘person’’ includes any 

21 governmental or other entity. 

22 (2) FIRE CONTROL OR RESCUE EQUIPMENT.—

23 The term ‘‘fire control or fire rescue equipment’’ in24 cludes any fire vehicle, fire fighting tool, communica-
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1 tions equipment, protective gear, fire hose, or 

2 breathing apparatus. 

3 (3) STATE.—The term ‘‘State’’ includes the 

4 several States, the District of Columbia, the Com5 monwealth of Puerto Rico, the Commonwealth of the 

6 Northern Mariana Islands, American Samoa, Guam, 

7 the Virgin Islands, any other territory or possession 

8 of the United States, and any political subdivision of 

9 any such State, territory, or possession. 

10 (4) VOLUNTEER FIRE COMPANY.—The term 

11 ‘‘volunteer fire company’’ means an association of 

12 individuals who provide fire protection and other 

13 emergency services, where at least 30 percent of the 

14 individuals receive little or no compensation com15 pared with an entry level full-time paid individual in 

16 that association or in the nearest such association 

17 with an entry level full-time paid individual. 

18 (e) EFFECTIVE DATE.—This section applies only to 

19 liability for injury, damage, loss, or death caused by equip20 ment that, for purposes of subsection (a), is donated on 

21 or after the date that is 30 days after the date of the 

22 enactment of this section. 

23 SEC. 132. REPORT BY ATTORNEY GENERAL. 

24 (a) REPORTS ON DATA-MINING ACTIVITIES.—
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1 (1) REQUIREMENT FOR REPORT.—The Attor2 ney General shall collect the information described 

3 in paragraph (2) from the head of each department 

4 or agency of the Federal Government that is en5 gaged in any activity to use or develop data-mining 

6 technology and shall report to Congress on all such 

7 activities. 

8 (2) CONTENT OF REPORT.—A report submitted 

9 under paragraph (1) shall include, for each activity 

10 to use or develop data-mining technology that is re11 quired to be covered by the report, the following in12 formation: 

13 (A) A thorough description of the data14 mining technology and the data that will be 

15 used. 

16 (B) A thorough discussion of the plans for 

17 the use of such technology and the target dates 

18 for the deployment of the data-mining tech19 nology. 

20 (C) An assessment of the likely efficacy of 

21 the data-mining technology in providing accu22 rate and valuable information consistent with 

23 the stated plans for the use of the technology. 
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1 (D) An assessment of the likely impact of 

2 the implementation of the data-mining tech3 nology on privacy and civil liberties. 

4 (E) A list and analysis of the laws and 

5 regulations that govern the information to be 

6 collected, reviewed, gathered, and analyzed with 

7 the data-mining technology and a description of 

8 any modifications of such laws that will be re9 quired to use the information in the manner 

10 proposed under such program. 

11 (F) A thorough discussion of the policies, 

12 procedures, and guidelines that are to be devel13 oped and applied in the use of such technology 

14 for data-mining in order to—

15 (i) protect the privacy and due process 

16 rights of individuals; and 

17 (ii) ensure that only accurate informa18 tion is collected and used. 

19 (G) A thorough discussion of the proce20 dures allowing individuals whose personal infor21 mation will be used in the data-mining tech22 nology to be informed of the use of their per23 sonal information and what procedures are in 

24 place to allow for individuals to opt out of the 
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1 technology. If no such procedures are in place, 

2 a thorough explanation as to why not. 

3 (H) Any necessary classified information in 

4 an annex that shall be available to the Com5 mittee on the Judiciary of both the Senate and 

6 the House of Representatives. 

7 (3) TIME FOR REPORT.—The report required 

8 under paragraph (1) shall be—

9 (A) submitted not later than 180 days 

10 after the date of enactment of this Act; and 

11 (B) updated once a year to include any 

12 new data-mining technologies. 

13 (b) DEFINITIONS.—In this section: 

14 (1) DATA-MINING.—The term ‘‘data-mining’’ 

15 means a query or search or other analysis of 1 or 

16 more electronic databases, where—

17 (A) at least 1 of the databases was ob18 tained from or remains under the control of a 

19 non-Federal entity, or the information was ac20 quired initially by another department or agen21 cy of the Federal Government for purposes 

22 other than intelligence or law enforcement; 

23 (B) the search does not use a specific indi24 vidual’s personal identifiers to acquire informa25 tion concerning that individual; and 
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1 (C) a department or agency of the Federal 

2 Government is conducting the query or search 

3 or other analysis to find a pattern indicating 

4 terrorist or other criminal activity. 

5 (2) DATABASE.—The term ‘‘database’’ does not 

6 include telephone directories, information publicly 

7 available via the Internet or available by any other 

8 means to any member of the public without payment 

9 of a fee, or databases of judicial and administrative 

10 opinions. 

11 SEC. 133. SENSE OF CONGRESS. 

12 It is the sense of Congress that under section 981 

13 of title 18, United States Code, victims of terrorists at14 tacks should have access to the assets forfeited. 

15 TITLE II—TERRORIST DEATH 

16 PENALTY ENHANCEMENT 

17 SEC. 201. SHORT TITLE. 

18 This title may be cited as the ‘‘Terrorist Death Pen19 alty Enhancement Act of 2005’’. 

20 Subtitle A—Terrorist Penalties 

21 Enhancement Act 

22 SEC. 211. TERRORIST OFFENSE RESULTING IN DEATH. 

23 (a) NEW OFFENSE.—Chapter 113B of title 18, 

24 United States Code, is amended by adding at the end the 

25 following: 
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1 ‘‘§ 2339E. Terrorist offenses resulting in death 

2 ‘‘(a) Whoever, in the course of committing a terrorist 

3 offense, engages in conduct that results in the death of 

4 a person, shall be punished by death or imprisoned for 

5 any term of years or for life. 

6 ‘‘(b) As used in this section, the term ‘terrorist of7 fense’ means—

8 ‘‘(1) a Federal felony offense that is—

9 ‘‘(A) a Federal crime of terrorism as de10 fined in section 2332b(g) except to the extent 

11 such crime is an offense under section 1363; or 

12 ‘‘(B) an offense under this chapter, section 

13 175, 175b, 229, or 831, or section 236 of the 

14 Atomic Energy Act of 1954; or 

15 ‘‘(2) a Federal offense that is an attempt or 

16 conspiracy to commit an offense described in para17 graph (1).’’. 

18 (b) CLERICAL AMENDMENT.—The table of sections 

19 at the beginning of chapter 113B of title 18, United 

20 States Code, is amended by adding at the end the fol21 lowing new item:

‘‘2339E. Terrorist offenses resulting in death.’’.

22 SEC. 212. DENIAL OF FEDERAL BENEFITS TO TERRORISTS. 

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

24 States Code, as amended by section 211 of this subtitle, 

25 is further amended by adding at the end the following: 
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1 ‘‘§ 2339F. Denial of Federal benefits to terrorists 

2 ‘‘(a) An individual or corporation who is convicted of 

3 a terrorist offense (as defined in section 2339E) shall, as 

4 provided by the court on motion of the Government, be 

5 ineligible for any or all Federal benefits for any term of 

6 years or for life. 

7 ‘‘(b) As used in this section, the term ‘Federal ben8 efit’ has the meaning given that term in section 421(d) 

9 of the Controlled Substances Act, and also includes any 

10 assistance or benefit described in section 115(a) of the 

11 Personal Responsibility and Work Opportunity Reconcili12 ation Act of 1996, with the same limitations and to the 

13 same extent as provided in section 115 of that Act with 

14 respect to denials of benefits and assistance to which that 

15 section applies.’’. 

16 (b) CLERICAL AMENDMENT.—The table of sections 

17 at the beginning of the chapter 113B of title 18, United 

18 States Code, as amended by section 211 of this subtitle, 

19 is further amended by adding at the end the following new 

20 item:

‘‘2339E. Denial of federal benefits to terrorists.’’.
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1 SEC. 213. DEATH PENALTY PROCEDURES FOR CERTAIN AIR 

2 PIRACY CASES OCCURRING BEFORE ENACT3 MENT OF THE FEDERAL DEATH PENALTY 

4 ACT OF 1994. 

5 Section 60003 of the Violent Crime Control and Law 

6 Enforcement Act of 1994, (Public Law 103–322), is 

7 amended, as of the time of its enactment, by adding at 

8 the end the following: 

9 ‘‘(c) DEATH PENALTY PROCEDURES FOR CERTAIN

10 PREVIOUS AIRCRAFT PIRACY VIOLATIONS.—An individual 

11 convicted of violating section 46502 of title 49, United 

12 States Code, or its predecessor, may be sentenced to death 

13 in accordance with the procedures established in chapter 

14 228 of title 18, United States Code, if for any offense com15 mitted before the enactment of the Violent Crime Control 

16 and Law Enforcement Act of 1994 (Public Law 103–322), 

17 but after the enactment of the Antihijacking Act of 1974 

18 (Public Law 93–366), it is determined by the finder of 

19 fact, before consideration of the factors set forth in sec20 tions 3591(a)(2) and 3592(a) and (c) of title 18, United 

21 States Code, that one or more of the factors set forth in 

22 former section 46503(c)(2) of title 49, United States 

23 Code, or its predecessor, has been proven by the Govern24 ment to exist, beyond a reasonable doubt, and that none 

25 of the factors set forth in former section 46503(c)(1) of 

26 title 49, United States Code, or its predecessor, has been 
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1 proven by the defendant to exist, by a preponderance of 

2 the information. The meaning of the term ‘especially hei3 nous, cruel, or depraved’, as used in the factor set forth 

4 in former section 46503(c)(2)(B)(iv) of title 49, United 

5 States Code, or its predecessor, shall be narrowed by add6 ing the limiting language ‘in that it involved torture or 

7 serious physical abuse to the victim’, and shall be con8 strued as when that term is used in section 3592(c)(6) 

9 of title 18, United States Code.’’. 

10 SEC. 214. ENSURING DEATH PENALTY FOR TERRORIST OF11 FENSES WHICH CREATE GRAVE RISK OF 

12 DEATH. 

13 (a) ADDITION OF TERRORISM TO DEATH PENALTY

14 OFFENSES NOT RESULTING IN DEATH.—Section 

15 3591(a)(1) of title 18, United States Code, is amended 

16 by inserting ‘‘, section 2339E,’’ after ‘‘section 794’’. 

17 (b) MODIFICATION OF AGGRAVATING FACTORS FOR

18 TERRORISM OFFENSES.—Section 3592(b) of title 18, 

19 United States Code, is amended—

20 (1) in the heading, by inserting ‘‘, terrorism,’’ 

21 after ‘‘espionage’’; and 

22 (2) by inserting immediately after paragraph 

23 (3) the following: 

24 ‘‘(4) SUBSTANTIAL PLANNING.—The defendant 

25 committed the offense after substantial planning.’’. 
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1 SEC. 215. POSTRELEASE SUPERVISION OF TERRORISTS. 

2 Section 3583(j) of title 18, United States Code, is 

3 amended in subsection (j), by striking ‘‘, the commission’’ 

4 and all that follows through ‘‘person,’’ . 

5 Subtitle B—Prevention of Terrorist 

6 Access to Destructive Weapons Act 

7 SEC. 221. DEATH PENALTY FOR CERTAIN TERROR RE8 LATED CRIMES. 

9 (a) PARTICIPATION IN NUCLEAR AND WEAPONS OF

10 MASS DESTRUCTION THREATS TO THE UNITED

11 STATES.—Section 832(c) of title 18, United States Code, 

12 is amended by inserting ‘‘punished by death or’’ after 

13 ‘‘shall be’’. 

14 (b) MISSILE SYSTEMS TO DESTROY AIRCRAFT.—Sec15 tion 2332g(c)(3) of title 18, United States Code, is 

16 amended by inserting ‘‘punished by death or’’ after ‘‘shall 

17 be’’. 

18 (c) ATOMIC WEAPONS.—Section 222b.of the Atomic 

19 Energy Act of 1954 (42 U.S.C. 2272) is amended by in20 serting ‘‘death or’’ before ‘‘imprisonment for life’’. 

21 (d) RADIOLOGICAL DISPERSAL DEVICES.—Section 

22 2332h(c)(3) of title 18, United States Code, is amended 

23 by inserting ‘‘death or’’ before ‘‘imprisonment for life’’. 

24 (e) VARIOLA VIRUS.—Section 175c(c)(3) of title 18, 

25 United States Code, is amended by inserting ‘‘death or’’ 

26 before ‘‘imprisonment for life’’. 
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1 Subtitle C—Federal Death Penalty 

2 Procedures 

3 SEC. 231. MODIFICATION OF DEATH PENALTY PROVISIONS. 

4 (a) ELIMINATION OF PROCEDURES APPLICABLE

5 ONLY TO CERTAIN CONTROLLED SUBSTANCES ACT

6 CASES.—Section 408 of the Controlled Substances Act 

7 (21 U.S.C. 848) is amended—

8 (1) in subsection (e)(2), by striking ‘‘(1)(b)’’ 

9 and inserting (1)(B); 

10 (2) by striking subsection (g) and all that fol11 lows through subsection (p); 

12 (3) by striking subsection (r); and 

13 (4) in subsection (q), by striking paragraphs 

14 (1) through (3). 

15 (b) MODIFICATION OF MITIGATING FACTORS.—Sec16 tion 3592(a)(4) of title 18, United States Code, is amend17 ed—

18 (1) by striking ‘‘Another’’ and inserting ‘‘The 

19 Government could have, but has not, sought the 

20 death penalty against another’’; and 

21 (2) by striking ‘‘, will not be punished by 

22 death’’. 

23 (c) MODIFICATION OF AGGRAVATING FACTORS FOR

24 OFFENSES RESULTING IN DEATH.—Section 3592(c) of 

25 title 18, United States Code, is amended—
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1 (1) in paragraph (7), by inserting ‘‘or by cre2 ating the expectation of payment,’’ after ‘‘or promise 

3 of payment,’’; 

4 (2) in paragraph (1), by inserting ‘‘section 

5 2339E (terrorist offenses resulting in death),’’ after 

6 ‘‘destruction),’’; 

7 (3) by inserting immediately after paragraph 

8 (16) the following: 

9 ‘‘(17) OBSTRUCTION OF JUSTICE.—The defend10 ant engaged in any conduct resulting in the death of 

11 another person in order to obstruct investigation or 

12 prosecution of any offense.’’. 

13 (d) ADDITIONAL GROUND FOR IMPANELING NEW

14 JURY.—Section 3593(b)(2) of title 18, United States 

15 Code, is amended—

16 (1) by striking ‘‘or’’ at the end of subparagraph 

17 (C); 

18 (2) by inserting after subparagraph (D) the fol19 lowing: 

20 ‘‘(E) a new penalty hearing is necessary 

21 due to the inability of the jury to reach a unan22 imous penalty verdict as required by section 

23 3593(e); or’’. 

24 (e) JURIES OF LESS THAN 12 MEMBERS.—Sub25 section (b) of section 3593 of title 18, United States Code, 
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1 is amended by striking ‘‘unless’’ and all that follows 

2 through the end of the subsection and inserting ‘‘unless 

3 the court finds good cause, or the parties stipulate, with 

4 the approval of the court, a lesser number.’’. 

5 (f) IMPANELING OF NEW JURY WHEN UNANIMOUS

6 RECOMMENDATION CANNOT BE REACHED.—Section 

7 3594 of title 18, United States Code, is amended by in8 serting after the first sentence the following: ‘‘If the jury 

9 is unable to reach any unanimous recommendation under 

10 section 3593(e), the court, upon motion by the Govern11 ment, may impanel a jury under section 3593(b)(2)(E) for 

12 a new sentencing hearing.’’. 

13 (g) PEREMPTORY CHALLENGES.—Rule 24(c) of the 

14 Federal Rules of Criminal Procedure is amended—

15 (1) in paragraph (1), by striking ‘‘6’’ and in16 serting ‘‘9’’; and 

17 (2) in paragraph (4), by adding at the end the 

18 following: 

19 ‘‘(C) SEVEN, EIGHT OR NINE ALTER20 NATES.—Four additional peremptory challenges 

21 are permitted when seven, eight, or nine alter22 nates are impaneled.’’. 
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1 TITLE III—REDUCING CRIME 

2 AND TERRORISM AT AMER3 ICA’S SEAPORTS 

4 SEC. 301. SHORT TITLE. 

5 This title may be cited as the ‘‘Reducing Crime and 

6 Terrorism at America’s Seaports Act of 2005’’. 

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

8 (a) IN GENERAL.—Section 1036 of title 18, United 

9 States Code, is amended—

10 (1) in subsection (a)—

11 (A) in paragraph (2), by striking ‘‘or’’ at 

12 the end; 

13 (B) by redesignating paragraph (3) as 

14 paragraph (4); and 

15 (C) by inserting after paragraph (2) the 

16 following: 

17 ‘‘(3) any secure or restricted area of any sea18 port, designated as secure in an approved security 

19 plan, as required under section 70103 of title 46, 

20 United States Code, and the rules and regulations 

21 promulgated under that section; or’’; 

22 (2) in subsection (b)(1), by striking ‘‘5 years’’ 

23 and inserting ‘‘10 years’’; 

24 (3) in subsection (c)(1), by inserting ‘‘, captain 

25 of the seaport,’’ after ‘‘airport authority’’; and 
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1 (4) by striking the section heading and insert2 ing the following: 

3 ‘‘§ 1036. Entry by false pretenses to any real property, 

4 vessel, or aircraft of the United States or 

5 secure area of any airport or seaport’’. 

6 (b) TECHNICAL AND CONFORMING AMENDMENT.—

7 The table of sections for chapter 47 of title 18 is amended 

8 by striking the matter relating to section 1036 and insert9 ing 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.’’.

10 (c) DEFINITION OF SEAPORT.—Chapter 1 of title 18, 

11 United States Code, is amended by adding at the end the 

12 following: 

13 ‘‘§ 26. Definition of seaport 

14 ‘‘As used in this title, the term ‘seaport’ means all 

15 piers, wharves, docks, and similar structures, adjacent to 

16 any waters subject to the jurisdiction of the United States, 

17 to which a vessel may be secured, including areas of land, 

18 water, or land and water under and in immediate prox19 imity to such structures, buildings on or contiguous to 

20 such structures, and the equipment and materials on such 

21 structures or in such buildings.’’. 

22 (d) TECHNICAL AND CONFORMING AMENDMENT.—

23 The table of sections for chapter 1 of title 18 is amended 
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1 by inserting after the matter relating to section 25 the 

2 following:

‘‘26. Definition of seaport.’’.

3 SEC. 303. CRIMINAL SANCTIONS FOR FAILURE TO HEAVE 

4 TO, OBSTRUCTION OF BOARDING, OR PRO5 VIDING FALSE INFORMATION. 

6 (a) OFFENSE.—Chapter 109 of title 18, United 

7 States Code, is amended by adding at the end the fol8 lowing: 

9 ‘‘§ 2237. Criminal sanctions for failure to heave to, ob10 struction of boarding, or providing false 

11 information 

12 ‘‘(a)(1) It shall be unlawful for the master, operator, 

13 or person in charge of a vessel of the United States, or 

14 a vessel subject to the jurisdiction of the United States, 

15 to knowingly fail to obey an order by an authorized Fed16 eral law enforcement officer to heave to that vessel. 

17 ‘‘(2) It shall be unlawful for any person on board a 

18 vessel of the United States, or a vessel subject to the juris19 diction of the United States, to—

20 ‘‘(A) forcibly resist, oppose, prevent, impede, in21 timidate, or interfere with a boarding or other law 

22 enforcement action authorized by any Federal law or 

23 to resist a lawful arrest; or 

24 ‘‘(B) intentionally provide materially false infor25 mation to a Federal law enforcement officer during 
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1 a boarding of a vessel regarding the vessel’s destina2 tion, origin, ownership, registration, nationality, 

3 cargo, or crew. 

4 ‘‘(b) Whoever violates this section shall be fined 

5 under this title or imprisoned for not more than 5 years, 

6 or both. 

7 ‘‘(c) This section does not limit the authority of a 

8 customs officer under section 581 of the Tariff Act of 

9 1930 (19 U.S.C. 1581), or any other provision of law en10 forced or administered by the Secretary of the Treasury 

11 or the Secretary of Homeland Security, or the authority 

12 of any Federal law enforcement officer under any law of 

13 the United States, to order a vessel to stop or heave to. 

14 ‘‘(d) A foreign nation may consent or waive objection 

15 to the enforcement of United States law by the United 

16 States under this section by radio, telephone, or similar 

17 oral or electronic means. Consent or waiver may be proven 

18 by certification of the Secretary of State or the designee 

19 of the Secretary of State. 

20 ‘‘(e) In this section—

21 ‘‘(1) the term ‘Federal law enforcement officer’ 

22 has the meaning given the term in section 115(c); 

23 ‘‘(2) the term ‘heave to’ means to cause a vessel 

24 to slow, come to a stop, or adjust its course or speed 
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1 to account for the weather conditions and sea state 

2 to facilitate a law enforcement boarding; 

3 ‘‘(3) the term ‘vessel subject to the jurisdiction 

4 of the United States’ has the meaning given the 

5 term in section 2 of the Maritime Drug Law En6 forcement Act (46 U.S.C. App. 1903); and 

7 ‘‘(4) the term ‘vessel of the United States’ has 

8 the meaning given the term in section 2 of the Mari9 time Drug Law Enforcement Act (46 U.S.C. App. 

10 1903).’’. 

11 (b) CONFORMING AMENDMENT.—The table of sec12 tions for chapter 109, title 18, United States Code, is 

13 amended by inserting after the item for section 2236 the 

14 following:

‘‘2237. Criminal sanctions for failure to heave to, obstruction of boarding, or 

providing false information.’’.

15 SEC. 304. USE OF A DANGEROUS WEAPON OR EXPLOSIVE 

16 ON A PASSENGER VESSEL. 

17 Section 1993 of title 18, United States Code, is 

18 amended—

19 (1) in subsection (a)—

20 (A) in paragraph (1), by inserting ‘‘, pas21 senger vessel,’’ after ‘‘transportation vehicle’’; 

22 (B) in paragraphs (2)—

23 (i) by inserting ‘‘, passenger vessel,’’ 

24 after ‘‘transportation vehicle’’; and 
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1 (ii) by inserting ‘‘or owner of the pas2 senger vessel’’ after ‘‘transportation pro3 vider’’ each place that term appears; 

4 (C) in paragraph (3)—

5 (i) by inserting ‘‘, passenger vessel,’’ 

6 after ‘‘transportation vehicle’’ each place 

7 that term appears; and 

8 (ii) by inserting ‘‘or owner of the pas9 senger vessel’’ after ‘‘transportation pro10 vider’’ each place that term appears; 

11 (D) in paragraph (5)—

12 (i) by inserting ‘‘, passenger vessel,’’ 

13 after ‘‘transportation vehicle’’; and 

14 (ii) by inserting ‘‘or owner of the pas15 senger vessel’’ after ‘‘transportation pro16 vider’’; and 

17 (E) in paragraph (6), by inserting ‘‘or 

18 owner of a passenger vessel’’ after ‘‘transpor19 tation provider’’ each place that term appears; 

20 (2) in subsection (b)(1), by inserting ‘‘, pas21 senger vessel,’’ after ‘‘transportation vehicle’’; and 

22 (3) in subsection (c)—

23 (A) by redesignating paragraph (6) 

24 through (8) as paragraphs (7) through (9); and 
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1 (B) by inserting after paragraph (5) the 

2 following: 

3 ‘‘(6) the term ‘passenger vessel’ has the mean4 ing given that term in section 2101(22) of title 46, 

5 United States Code, and includes a small passenger 

6 vessel, as that term is defined under section 

7 2101(35) of that title.’’. 

8 SEC. 305. CRIMINAL SANCTIONS FOR VIOLENCE AGAINST 

9 MARITIME NAVIGATION, PLACEMENT OF DE10 STRUCTIVE DEVICES. 

11 (a) PLACEMENT OF DESTRUCTIVE DEVICES.—Chap12 ter 111 of title 18, United States Code, as amended by 

13 subsection (a), is further amended by adding at the end 

14 the following: 

15 ‘‘§ 2282A. Devices or dangerous substances in waters 

16 of the United States likely to destroy or 

17 damage Ships or to interfere with mari18 time commerce 

19 ‘‘(a) A person who knowingly places, or causes to be 

20 placed, in navigable waters of the United States, by any 

21 means, a device or dangerous substance which is likely to 

22 destroy or cause damage to a vessel or its cargo, cause 

23 interference with the safe navigation of vessels, or inter24 ference with maritime commerce (such as by damaging or 

25 destroying marine terminals, facilities, or any other ma-
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1 rine structure or entity used in maritime commerce) with 

2 the intent of causing such destruction or damage, inter3 ference with the safe navigation of vessels, or interference 

4 with maritime commerce shall be fined under this title or 

5 imprisoned for any term of years, or for life; or both. 

6 ‘‘(b) A person who causes the death of any person 

7 by engaging in conduct prohibited under subsection (a) 

8 may be punished by death. 

9 ‘‘(c) Nothing in this section shall be construed to 

10 apply to otherwise lawfully authorized and conducted ac11 tivities of the United States Government. 

12 ‘‘(d) In this section: 

13 ‘‘(1) The term ‘dangerous substance’ means 

14 any solid, liquid, or gaseous material that has the 

15 capacity to cause damage to a vessel or its cargo, or 

16 cause interference with the safe navigation of a ves17 sel. 

18 ‘‘(2) The term ‘device’ means any object that, 

19 because of its physical, mechanical, structural, or 

20 chemical properties, has the capacity to cause dam21 age to a vessel or its cargo, or cause interference 

22 with the safe navigation of a vessel.’’. 

23 (2) CONFORMING AMENDMENT.—The table of 

24 sections for chapter 111 of title 18, United States 

25 Code, as amended by subsection (b), is further 
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1 amended by adding after the item related to section 

2 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.’’.

3 (b) VIOLENCE AGAINST MARITIME NAVIGATION.—

4 (1) IN GENERAL.—Chapter 111 of title 18, 

5 United States Code as amended by subsections (a) 

6 and (c), is further amended by adding at the end the 

7 following: 

8 ‘‘§ 2282B. Violence against aids to maritime naviga9 tion 

10 ‘‘Whoever intentionally destroys, seriously damages, 

11 alters, moves, or tampers with any aid to maritime naviga12 tion maintained by the Saint Lawrence Seaway Develop13 ment Corporation under the authority of section 4 of the 

14 Act of May 13, 1954 (33 U.S.C. 984), by the Coast Guard 

15 pursuant to section 81 of title 14, United States Code, 

16 or lawfully maintained under authority granted by the 

17 Coast Guard pursuant to section 83 of title 14, United 

18 States Code, if such act endangers or is likely to endanger 

19 the safe navigation of a ship, shall be fined under this 

20 title or imprisoned for not more than 20 years.’’. 

21 (2) CONFORMING AMENDMENT.—The table of 

22 sections for chapter 111 of title 18, United States 

23 Code, as amended by subsections (b) and (d) is fur-
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1 ther amended by adding after the item related to 

2 section 2282A the following:

‘‘2282B. Violence against aids to maritime navigation.’’.

3 SEC. 306. TRANSPORTATION OF DANGEROUS MATERIALS 

4 AND TERRORISTS. 

5 (a) TRANSPORTATION OF DANGEROUS MATERIALS

6 AND TERRORISTS.—Chapter 111 of title 18, as amended 

7 by section 305, is further amended by adding at the end 

8 the following: 

9 ‘‘§ 2283. Transportation of explosive, biological, chem10 ical, or radioactive or nuclear materials 

11 ‘‘(a) IN GENERAL.—Whoever knowingly transports 

12 aboard any vessel within the United States and on waters 

13 subject to the jurisdiction of the United States or any ves14 sel outside the United States and on the high seas or hav15 ing United States nationality an explosive or incendiary 

16 device, biological agent, chemical weapon, or radioactive 

17 or nuclear material, knowing or having reason to believe 

18 that any such item is intended to be used to commit an 

19 offense listed under section 2332b(g)(5)(B), shall be fined 

20 under this title or imprisoned for any term of years or 

21 for life, or both. 

22 ‘‘(b) DEATH PENALTY.—If the death of any indi23 vidual results from an offense under subsection (a) the 

24 offender may be punished by death. 

25 ‘‘(c) DEFINITIONS.—In this section: 
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1 ‘‘(1) BIOLOGICAL AGENT.—The term ‘biological 

2 agent’ means any biological agent, toxin, or vector 

3 (as those terms are defined in section 178). 

4 ‘‘(2) BY-PRODUCT MATERIAL.—The term ‘by5 product material’ has the meaning given that term 

6 in section 11(e) of the Atomic Energy Act of 1954 

7 (42 U.S.C. 2014(e)). 

8 ‘‘(3) CHEMICAL WEAPON.—The term ‘chemical 

9 weapon’ has the meaning given that term in section 

10 229F(1). 

11 ‘‘(4) EXPLOSIVE OR INCENDIARY DEVICE.—The 

12 term ‘explosive or incendiary device’ has the mean13 ing given the term in section 232(5) and includes ex14 plosive materials, as that term is defined in section 

15 841(c) and explosive as defined in section 844(j). 

16 ‘‘(5) NUCLEAR MATERIAL.—The term ‘nuclear 

17 material’ has the meaning given that term in section 

18 831(f)(1). 

19 ‘‘(6) RADIOACTIVE MATERIAL.—The term ‘ra20 dioactive material’ means—

21 ‘‘(A) source material and special nuclear 

22 material, but does not include natural or de23 pleted uranium; 

24 ‘‘(B) nuclear by-product material; 
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1 ‘‘(C) material made radioactive by bom2 bardment in an accelerator; or 

3 ‘‘(D) all refined isotopes of radium. 

4 ‘‘(8) SOURCE MATERIAL.—The term ‘source 

5 material’ has the meaning given that term in section 

6 11(z) of the Atomic Energy Act of 1954 (42 U.S.C. 

7 2014(z)). 

8 ‘‘(9) SPECIAL NUCLEAR MATERIAL.—The term 

9 ‘special nuclear material’ has the meaning given that 

10 term in section 11(aa) of the Atomic Energy Act of 

11 1954 (42 U.S.C. 2014(aa)). 

12 ‘‘§ 2284. Transportation of terrorists 

13 ‘‘(a) IN GENERAL.—Whoever knowingly transports 

14 any terrorist aboard any vessel within the United States 

15 and on waters subject to the jurisdiction of the United 

16 States or any vessel outside the United States and on the 

17 high seas or having United States nationality, knowing or 

18 having reason to believe that the transported person is a 

19 terrorist, shall be fined under this title or imprisoned for 

20 any term of years or for life, or both. 

21 ‘‘(b) DEFINED TERM.—In this section, the term ‘ter22 rorist’ means any person who intends to commit, or is 

23 avoiding apprehension after having committed, an offense 

24 listed under section 2332b(g)(5)(B).’’. 
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1 (b) CONFORMING AMENDMENT.—The table of sec2 tions for chapter 111 of title 18, United States Code, as 

3 amended by section 305, is further amended by adding 

4 at the end the following:

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

‘‘2284. Transportation of terrorists.’’.

5 SEC. 307. DESTRUCTION OF, OR INTERFERENCE WITH, VES6 SELS OR MARITIME FACILITIES. 

7 (a) IN GENERAL.—Title 18, United States Code, is 

8 amended by inserting after chapter 111 the following: 

9 ‘‘CHAPTER 111A—DESTRUCTION OF, OR 

10 INTERFERENCE WITH, VESSELS OR 

11 MARITIME FACILITIES

‘‘Sec. 

‘‘2290. Jurisdiction and scope. 

‘‘2291. Destruction of vessel or maritime facility. 

‘‘2292. Imparting or conveying false information.

12 ‘‘§ 2290. Jurisdiction and scope 

13 ‘‘(a) JURISDICTION.—There is jurisdiction, including 

14 extraterritorial jurisdiction, over an offense under this 

15 chapter if the prohibited activity takes place—

16 ‘‘(1) within the United States and within waters 

17 subject to the jurisdiction of the United States; or 

18 ‘‘(2) outside United States and—

19 ‘‘(A) an offender or a victim is a national 

20 of the United States (as that term is defined 
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1 under section 101(a)(22) of the Immigration 

2 and Nationality Act (8 U.S.C. 1101(a)(22)); or 

3 ‘‘(B) the activity involves a vessel of the 

4 United States (as that term is defined under 

5 section 2 of the Maritime Drug Law Enforce6 ment Act (46 U.S.C. App. 1903). 

7 ‘‘(b) SCOPE.—Nothing in this chapter shall apply to 

8 otherwise lawful activities carried out by or at the direc9 tion of the United States Government. 

10 ‘‘§ 2291. Destruction of vessel or maritime facility 

11 ‘‘(a) OFFENSE.—Whoever intentionally—

12 ‘‘(1) sets fire to, damages, destroys, disables, or 

13 wrecks any vessel; 

14 ‘‘(2) places or causes to be placed a destructive 

15 device, as defined in section 921(a)(4), destructive 

16 substance, as defined in section 31(a)(3), or an ex17 plosive, as defined in section 844(j) in, upon, or 

18 near, or otherwise makes or causes to be made un19 workable or unusable or hazardous to work or use, 

20 any vessel, or any part or other materials used or in21 tended to be used in connection with the operation 

22 of a vessel; 

23 ‘‘(3) sets fire to, damages, destroys, or disables 

24 or places a destructive device or substance in, upon, 

25 or near, any maritime facility, including any aid to 
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1 navigation, lock, canal, or vessel traffic service facil2 ity or equipment; 

3 ‘‘(4) interferes by force or violence with the op4 eration of any maritime facility, including any aid to 

5 navigation, lock, canal, or vessel traffic service facil6 ity or equipment, if such action is likely to endanger 

7 the safety of any vessel in navigation; 

8 ‘‘(5) sets fire to, damages, destroys, or disables 

9 or places a destructive device or substance in, upon, 

10 or near, any appliance, structure, property, machine, 

11 or apparatus, or any facility or other material used, 

12 or intended to be used, in connection with the oper13 ation, maintenance, loading, unloading, or storage of 

14 any vessel or any passenger or cargo carried or in15 tended to be carried on any vessel; 

16 ‘‘(6) performs an act of violence against or in17 capacitates any individual on any vessel, if such act 

18 of violence or incapacitation is likely to endanger the 

19 safety of the vessel or those on board; 

20 ‘‘(7) performs an act of violence against a per21 son that causes or is likely to cause serious bodily 

22 injury, as defined in section 1365(h)(3), in, upon, or 

23 near, any appliance, structure, property, machine, or 

24 apparatus, or any facility or other material used, or 

25 intended to be used, in connection with the oper-
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1 ation, maintenance, loading, unloading, or storage of 

2 any vessel or any passenger or cargo carried or in3 tended to be carried on any vessel; 

4 ‘‘(8) communicates information, knowing the 

5 information to be false and under circumstances in 

6 which such information may reasonably be believed, 

7 thereby endangering the safety of any vessel in navi8 gation; or 

9 ‘‘(9) attempts or conspires to do anything pro10 hibited under paragraphs (1) through (8), 

11 shall be fined under this title or imprisoned not more than 

12 30 years, or both. 

13 ‘‘(b) LIMITATION.—Subsection (a) shall not apply to 

14 any person that is engaging in otherwise lawful activity, 

15 such as normal repair and salvage activities, and the 

16 transportation of hazardous materials regulated and al17 lowed to be transported under chapter 51 of title 49. 

18 ‘‘(c) PENALTY.—Whoever is fined or imprisoned 

19 under subsection (a) as a result of an act involving a vessel 

20 that, at the time of the violation, carried high-level radio21 active waste (as that term is defined in section 2(12) of 

22 the Nuclear Waste Policy Act of 1982 (42 U.S.C. 

23 10101(12)) or spent nuclear fuel (as that term is defined 

24 in section 2(23) of the Nuclear Waste Policy Act of 1982 
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1 (42 U.S.C. 10101(23)), shall be fined under this title, im2 prisoned for a term up to life, or both. 

3 ‘‘(d) DEATH PENALTY.—If the death of any indi4 vidual results from an offense under subsection (a) the 

5 offender shall be punished by death or imprisonment for 

6 any term or years or for life. 

7 ‘‘(e) THREATS.—Whoever knowingly imparts or con8 veys any threat to do an act which would violate this chap9 ter, with an apparent determination and will to carry the 

10 threat into execution, shall be fined under this title or im11 prisoned not more than 5 years, or both, and is liable for 

12 all costs incurred as a result of such threat. 

13 ‘‘§ 2292. Imparting or conveying false information 

14 ‘‘(a) IN GENERAL.—Whoever imparts or conveys or 

15 causes to be imparted or conveyed false information, 

16 knowing the information to be false, concerning an at17 tempt or alleged attempt being made or to be made, to 

18 do any act that would be a crime prohibited by this chap19 ter or by chapter 111 of this title, shall be subject to a 

20 civil penalty of not more than $5,000, which shall be re21 coverable in a civil action brought in the name of the 

22 United States. 

23 ‘‘(b) MALICIOUS CONDUCT.—Whoever knowingly, or 

24 with reckless disregard for the safety of human life, im25 parts or conveys or causes to be imparted or conveyed 
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1 false information, knowing the information to be false, 

2 concerning an attempt or alleged attempt to do any act 

3 which would be a crime prohibited by this chapter or by 

4 chapter 111 of this title, shall be fined under this title 

5 or imprisoned not more than 5 years.’’. 

6 (c) CONFORMING AMENDMENT.—The table of chap7 ters at the beginning of title 18, United States Code, is 

8 amended by inserting after the item for chapter 111 the 

9 following:

‘‘111A. Destruction of, or interference with, vessels or 

maritime facilities ................................................. 2290’’.

10 SEC. 308. THEFT OF INTERSTATE OR FOREIGN SHIPMENTS 

11 OR VESSELS. 

12 (a) THEFT OF INTERSTATE OR FOREIGN SHIP13 MENTS.—Section 659 of title 18, United States Code, is 

14 amended—

15 (1) in the first undesignated paragraph—

16 (A) by inserting ‘‘trailer,’’ after 

17 ‘‘motortruck,’’; 

18 (B) by inserting ‘‘air cargo container,’’ 

19 after ‘‘aircraft,’’; and 

20 (C) by inserting ‘‘, or from any intermodal 

21 container, trailer, container freight station, 

22 warehouse, or freight consolidation facility,’’ 

23 after ‘‘air navigation facility’’; 
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1 (2) in the fifth undesignated paragraph, by 

2 striking ‘‘in each case’’ and all that follows through 

3 ‘‘or both’’ the second place it appears and inserting 

4 ‘‘be fined under this title or imprisoned not more 

5 than 15 years, or both, but if the amount or value 

6 of such money, baggage, goods, or chattels is less 

7 than $1,000, shall be fined under this title or im8 prisoned for not more than 5 years, or both’’; and 

9 (3) by inserting after the first sentence in the 

10 eighth undesignated paragraph the following: ‘‘For 

11 purposes of this section, goods and chattel shall be 

12 construed to be moving as an interstate or foreign 

13 shipment at all points between the point of origin 

14 and the final destination (as evidenced by the waybill 

15 or other shipping document of the shipment), re16 gardless of any temporary stop while awaiting trans17 shipment or otherwise.’’. 

18 (b) STOLEN VESSELS.—

19 (1) IN GENERAL.—Section 2311 of title 18, 

20 United States Code, is amended by adding at the 

21 end the following: 

22 ‘‘ ‘Vessel’ means any watercraft or other contrivance used 

23 or designed for transportation or navigation on, under, or 

24 immediately above, water.’’. 
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1 (2) TRANSPORTATION AND SALE OF STOLEN

2 VESSELS.—

3 (A) TRANSPORTATION.—Section 2312 of 

4 title 18, United States Code, is amended—

5 (i) by striking ‘‘motor vehicle or air6 craft’’ and inserting ‘‘motor vehicle, vessel, 

7 or aircraft’’; and 

8 (ii) by striking ‘‘10 years’’ and insert9 ing ‘‘15 years’’. 

10 (B) SALE.—Section 2313(a) of title 18, 

11 United States Code, is amended—

12 (i) by striking ‘‘motor vehicle or air13 craft’’ and inserting ‘‘motor vehicle, vessel, 

14 or aircraft’’; and 

15 (ii) by striking ‘‘10 years’’ and insert16 ing ‘‘15 years’’. 

17 (c) REVIEW OF SENTENCING GUIDELINES.—Pursu18 ant to section 994 of title 28, United States Code, the 

19 United States Sentencing Commission shall review the 

20 Federal Sentencing Guidelines to determine whether sen21 tencing enhancement is appropriate for any offense under 

22 section 659 or 2311 of title 18, United States Code, as 

23 amended by this title. 

24 (d) ANNUAL REPORT OF LAW ENFORCEMENT AC25 TIVITIES.—The Attorney General shall annually submit to 
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1 Congress a report, which shall include an evaluation of 

2 law enforcement activities relating to the investigation and 

3 prosecution of offenses under section 659 of title 18, 

4 United States Code, as amended by this title. 

5 (e) REPORTING OF CARGO THEFT.—The Attorney 

6 General shall take the steps necessary to ensure that re7 ports of cargo theft collected by Federal, State, and local 

8 officials are reflected as a separate category in the Uni9 form Crime Reporting System, or any successor system, 

10 by no later than December 31, 2006. 

11 SEC. 309. INCREASED PENALTIES FOR NONCOMPLIANCE 

12 WITH MANIFEST REQUIREMENTS. 

13 (a) REPORTING, ENTRY, CLEARANCE REQUIRE14 MENTS.—Section 436(b) of the Tariff Act of 1930 (19 

15 U.S.C. 1436(b)) is amended by—

16 (1) striking ‘‘or aircraft pilot’’ and inserting 

17 ‘‘aircraft pilot, operator, owner of such vessel, vehi18 cle or aircraft, or any other responsible party (in19 cluding non-vessel operating common carriers)’’; 

20 (2) striking ‘‘$5,000’’ and inserting ‘‘$10,000’’; 

21 and 

22 (3) striking ‘‘$10,000’’ and inserting 

23 ‘‘$25,000’’. 

24 (b) CRIMINAL PENALTY.—Section 436(c) of the Tar25 iff Act of 1930 (19 U.S.C. 1436(c)) is amended—
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1 (1) by striking ‘‘or aircraft pilot’’ and inserting 

2 ‘‘aircraft pilot, operator, owner of such vessel, vehi3 cle, or aircraft, or any other responsible party (in4 cluding non-vessel operating common carriers)’’; and 

5 (2) by striking ‘‘$2,000’’ and inserting 

6 ‘‘$10,000’’. 

7 (c) FALSITY OR LACK OF MANIFEST.—Section 

8 584(a)(1) of the Tariff Act of 1930 (19 U.S.C. 

9 1584(a)(1)) is amended by striking ‘‘$1,000’’ in each 

10 place it occurs and inserting ‘‘$10,000’’. 

11 SEC. 310. STOWAWAYS ON VESSELS OR AIRCRAFT. 

12 Section 2199 of title 18, United States Code, is 

13 amended by striking ‘‘Shall be fined under this title or 

14 imprisoned not more than one year, or both.’’ and insert15 ing the following: 

16 ‘‘(1) shall be fined under this title, imprisoned 

17 not more than 5 years, or both; 

18 ‘‘(2) if the person commits an act proscribed by 

19 this section, with the intent to commit serious bodily 

20 injury, and serious bodily injury occurs (as defined 

21 under section 1365, including any conduct that, if 

22 the conduct occurred in the special maritime and 

23 territorial jurisdiction of the United States, would 

24 violate section 2241 or 2242) to any person other 

25 than a participant as a result of a violation of this 
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1 section, shall be fined under this title or imprisoned 

2 not more than 20 years, or both; and 

3 ‘‘(3) if death results from an offense under this 

4 section, shall be subject to the death penalty or to 

5 imprisonment for any term or years or for life.’’. 

6 SEC. 311. BRIBERY AFFECTING PORT SECURITY. 

7 (a) IN GENERAL.—Chapter 11 of title 18, United 

8 States Code, is amended by adding at the end the fol9 lowing: 

10 ‘‘§ 226. Bribery affecting port security 

11 ‘‘(a) IN GENERAL.—Whoever knowingly—

12 ‘‘(1) directly or indirectly, corruptly gives, of13 fers, or promises anything of value to any public or 

14 private person, with intent to commit international 

15 terrorism or domestic terrorism (as those terms are 

16 defined under section 2331), to—

17 ‘‘(A) influence any action or any person to 

18 commit or aid in committing, or collude in, or 

19 allow, any fraud, or make opportunity for the 

20 commission of any fraud affecting any secure or 

21 restricted area or seaport; or 

22 ‘‘(B) induce any official or person to do or 

23 omit to do any act in violation of the lawful 

24 duty of such official or person that affects any 

25 secure or restricted area or seaport; or 
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1 ‘‘(2) directly or indirectly, corruptly demands, 

2 seeks, receives, accepts, or agrees to receive or ac3 cept anything of value personally or for any other 

4 person or entity in return for—

5 ‘‘(A) being influenced in the performance 

6 of any official act affecting any secure or re7 stricted area or seaport; and 

8 ‘‘(B) knowing that such influence will be 

9 used to commit, or plan to commit, inter10 national or domestic terrorism, 

11 shall be fined under this title or imprisoned not more than 

12 20 years, or both. 

13 ‘‘(b) DEFINITION.—In this section, the term ‘secure 

14 or restricted area’ means an area of a vessel or facility 

15 designated as secure in an approved security plan, as re16 quired under section 70103 of title 46, United States 

17 Code, and the rules and regulations promulgated under 

18 that section.’’. 

19 (b) CONFORMING AMENDMENT.—The table of sec20 tions for chapter 11 of title 18, United States Code, is 

21 amended by adding at the end the following:

‘‘226. Bribery affecting port security.’’.
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1 SEC. 312. PENALTIES FOR SMUGGLING GOODS INTO THE 

2 UNITED STATES. 

3 The third undesignated paragraph of section 545 of 

4 title 18, United States Code, is amended by striking ‘‘5 

5 years’’ and inserting ‘‘20 years’’. 

6 SEC. 313. SMUGGLING GOODS FROM THE UNITED STATES. 

7 (a) IN GENERAL.—Chapter 27 of title 18, United 

8 States Code, is amended by adding at the end the fol9 lowing: 

10 ‘‘§ 554. Smuggling goods from the United States 

11 ‘‘(a) IN GENERAL.—Whoever fraudulently or know12 ingly exports or sends from the United States, or attempts 

13 to export or send from the United States, any merchan14 dise, article, or object contrary to any law or regulation 

15 of the United States, or receives, conceals, buys, sells, or 

16 in any manner facilitates the transportation, concealment, 

17 or sale of such merchandise, article or object, prior to ex18 portation, knowing the same to be intended for expor19 tation contrary to any law or regulation of the United 

20 States, shall be fined under this title, imprisoned not more 

21 than 10 years, or both. 

22 ‘‘(b) DEFINITION.—In this section, the term ‘United 

23 States’ has the meaning given that term in section 545.’’. 
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1 (b) CONFORMING AMENDMENT.—The chapter anal2 ysis for chapter 27 of title 18, United States Code, is 

3 amended by adding at the end the following:

‘‘554. Smuggling goods from the United States.’’.

4 (c) SPECIFIED UNLAWFUL ACTIVITY.—Section 

5 1956(c)(7)(D) of title 18, United States Code, is amended 

6 by inserting ‘‘section 554 (relating to smuggling goods 

7 from the United States),’’ before ‘‘section 641 (relating 

8 to public money, property, or records),’’. 

9 (d) TARIFF ACT OF 1990.—Section 596 of the Tariff 

10 Act of 1930 (19 U.S.C. 1595a) is amended by adding at 

11 the end the following: 

12 ‘‘(d) Merchandise exported or sent from the United 

13 States or attempted to be exported or sent from the 

14 United States contrary to law, or the proceeds or value 

15 thereof, and property used to facilitate the receipt, pur16 chase, transportation, concealment, or sale of such mer17 chandise prior to exportation shall be forfeited to the 

18 United States.’’. 

19 (e) REMOVING GOODS FROM CUSTOMS CUSTODY.—

20 Section 549 of title 18, United States Code, is amended 

21 in the 5th paragraph by striking ‘‘two years’’ and insert22 ing ‘‘10 years’’. 
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1 TITLE IV—COMBATING 

2 TERRORISM FINANCING 

3 SEC. 401. SHORT TITLE. 

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

5 Financing Act of 2005’’. 

6 SEC. 402. INCREASED PENALTIES FOR TERRORISM FINANC7 ING. 

8 Section 206 of the International Emergency Eco9 nomic Powers Act (50 U.S.C. 1705) is amended—

10 (1) in subsection (a), by deleting ‘‘$10,000’’ 

11 and inserting ‘‘$50,000’’. 

12 (2) in subsection (b), by deleting ‘‘ten years’’ 

13 and inserting ‘‘twenty years’’. 

14 SEC. 403. TERRORISM-RELATED SPECIFIED ACTIVITIES 

15 FOR MONEY LAUNDERING. 

16 (a) AMENDMENTS TO RICO.—Section 1961(1) of 

17 title 18, United States Code, is amended—

18 (1) in subparagraph (B), by inserting ‘‘section 

19 1960 (relating to illegal money transmitters),’’ be20 fore ‘‘sections 2251’’; and 

21 (2) in subparagraph (F), by inserting ‘‘section 

22 274A (relating to unlawful employment of aliens),’’ 

23 before ‘‘section 277’’. 
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1 (b) AMENDMENTS TO SECTION 1956(c)(7).—Section 

2 1956(c)(7)(D) of title 18, United States Code, is amended 

3 by—

4 (1) inserting ‘‘, or section 2339C (relating to fi5 nancing of terrorism)’’ before ‘‘of this title’’; and 

6 (2) striking ‘‘or any felony violation of the For7 eign Corrupt Practices Act’’ and inserting ‘‘any fel8 ony violation of the Foreign Corrupt Practices Act, 

9 or any violation of section 208 of the Social Security 

10 Act (relating to obtaining funds through misuse of 

11 a social security number)’’. 

12 (c) CONFORMING AMENDMENTS TO SECTIONS

13 1956(e) AND 1957(e).—

14 (1) Section 1956(e) of title 18, United States 

15 Code, is amended to read as follows: 

16 ‘‘(e) Violations of this section may be investigated by 

17 such components of the Department of Justice as the At18 torney General may direct, and by such components of the 

19 Department of the Treasury as the Secretary of the Treas20 ury may direct, as appropriate, and, with respect to of21 fenses over which the Department of Homeland Security 

22 has jurisdiction, by such components of the Department 

23 of Homeland Security as the Secretary of Homeland Secu24 rity may direct, and, with respect to offenses over which 

25 the United States Postal Service has jurisdiction, by the 
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1 Postal Service. Such authority of the Secretary of the 

2 Treasury, the Secretary of Homeland Security, and the 

3 Postal Service shall be exercised in accordance with an 

4 agreement which shall be entered into by the Secretary 

5 of the Treasury, the Secretary of Homeland Security, the 

6 Postal Service, and the Attorney General. Violations of 

7 this section involving offenses described in paragraph 

8 (c)(7)(E) may be investigated by such components of the 

9 Department of Justice as the Attorney General may di10 rect, and the National Enforcement Investigations Center 

11 of the Environmental Protection Agency.’’. 

12 (2) Section 1957(e) of title 18, United States 

13 Code, is amended to read as follows: 

14 ‘‘(e) Violations of this section may be investigated by 

15 such components of the Department of Justice as the At16 torney General may direct, and by such components of the 

17 Department of the Treasury as the Secretary of the Treas18 ury may direct, as appropriate, and, with respect to of19 fenses over which the Department of Homeland Security 

20 has jurisdiction, by such components of the Department 

21 of Homeland Security as the Secretary of Homeland Secu22 rity may direct, and, with respect to offenses over which 

23 the United States Postal Service has jurisdiction, by the 

24 Postal Service. Such authority of the Secretary of the 

25 Treasury, the Secretary of Homeland Security, and the 
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1 Postal Service shall be exercised in accordance with an 

2 agreement which shall be entered into by the Secretary 

3 of the Treasury, the Secretary of Homeland Security, the 

4 Postal Service, and the Attorney General.’’. 

5 SEC. 404. ASSETS OF PERSONS COMMITTING TERRORIST 

6 ACTS AGAINST FOREIGN COUNTRIES OR 

7 INTERNATIONAL ORGANIZATIONS. 

8 Section 981(a)(1)(G) of title 18, United States Code, 

9 is amended—

10 (1) by striking ‘‘or’’ at the end of clause (ii); 

11 (2) by striking the period at the end of clause 

12 (iii) and inserting ‘‘; or’’; and 

13 (3) by inserting the following after clause (iii): 

14 ‘‘(iv) of any individual, entity, or or15 ganization engaged in planning or perpe16 trating any act of international terrorism 

17 (as defined in section 2331) against any 

18 international organization (as defined in 

19 section 209 of the State Department Basic 

20 Authorities Act of 1956 (22 U.S.C. 

21 4309(b)) or against any foreign Govern22 ment. Where the property sought for for23 feiture is located beyond the territorial 

24 boundaries of the United States, an act in 

25 furtherance of such planning or perpetra-
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1 tion must have occurred within the juris2 diction of the United States.’’. 

3 SEC. 405. MONEY LAUNDERING THROUGH HAWALAS. 

4 Section 1956 of title 18, United States Code, is 

5 amended by adding at the end the following: 

6 ‘‘(j)(1) For the purposes of subsections (a)(1) and 

7 (a)(2), a transaction, transportation, transmission, or 

8 transfer of funds shall be considered to be one involving 

9 the proceeds of specified unlawful activity, if the trans10 action, transportation, transmission, or transfer is part of 

11 a set of parallel or dependent transactions, any one of 

12 which involves the proceeds of specified unlawful activity. 

13 ‘‘(2) As used in this section, a ‘dependent trans14 action’ is one that completes or complements another 

15 transaction or one that would not have occurred but for 

16 another transaction.’’. 

17 SEC. 406. TECHNICAL AND CONFORMING AMENDMENTS RE18 LATING TO THE USA PATRIOT ACT. 

19 (a) TECHNICAL CORRECTIONS.—

20 (1) Section 322 of Public Law 107–56 is 

21 amended by striking ‘‘title 18’’ and inserting ‘‘title 

22 28’’. 

23 (2) Section 5332(a)(1) of title 31, United 

24 States Code, is amended by striking ‘‘article of lug25 gage’’ and inserting ‘‘article of luggage or mail’’. 
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1 (3) Section 1956(b)(3) and (4) of title 18, 

2 United States Code, are amended by striking ‘‘de3 scribed in paragraph (2)’’ each time it appears; and 

4 (4) Section 981(k) of title 18, United States 

5 Code, is amended by striking ‘‘foreign bank’’ each 

6 time it appears and inserting ‘‘foreign bank or fi7 nancial institution’’. 

8 (b) CODIFICATION OF SECTION 316 OF THE USA 

9 PATRIOT ACT.—

10 (1) Chapter 46 of title 18, United States Code, 

11 is amended—

12 (A) by inserting at the end the following: 

13 ‘‘§ 987. Anti-terrorist forfeiture protection 

14 ‘‘(a) RIGHT TO CONTEST.—An owner of property 

15 that is confiscated under this chapter or any other provi16 sion of law relating to the confiscation of assets of sus17 pected international terrorists, may contest that confisca18 tion by filing a claim in the manner set forth in the Fed19 eral Rules of Civil Procedure (Supplemental Rules for Cer20 tain Admiralty and Maritime Claims), and asserting as an 

21 affirmative defense that—

22 ‘‘(1) the property is not subject to confiscation 

23 under such provision of law; or 

24 ‘‘(2) the innocent owner provisions of section 

25 983(d) apply to the case. 
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1 ‘‘(b) EVIDENCE.—In considering a claim filed under 

2 this section, a court may admit evidence that is otherwise 

3 inadmissible under the Federal Rules of Evidence, if the 

4 court determines that the evidence is reliable, and that 

5 compliance with the Federal Rules of Evidence may jeop6 ardize the national security interests of the United States. 

7 ‘‘(c) CLARIFICATIONS.—

8 ‘‘(1) PROTECTION OF RIGHTS.—The exclusion 

9 of certain provisions of Federal law from the defini10 tion of the term ‘civil forfeiture statute’ in section 

11 983(i) shall not be construed to deny an owner of 

12 property the right to contest the confiscation of as13 sets of suspected international terrorists under—

14 ‘‘(A) subsection (a) of this section; 

15 ‘‘(B) the Constitution; or 

16 ‘‘(C) subchapter II of chapter 5 of title 5, 

17 United States Code (commonly known as the 

18 ‘Administrative Procedure Act’). 

19 ‘‘(2) SAVINGS CLAUSE.—Nothing in this section 

20 shall limit or otherwise affect any other remedies 

21 that may be available to an owner of property under 

22 section 983 or any other provision of law.’’; and 

23 (B) in the chapter analysis, by inserting at 

24 the end the following:

‘‘987. Anti-terrorist forfeiture protection.’’.
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1 (2) Subsections (a), (b), and (c) of section 316 

2 of Public Law 107–56 are repealed. 

3 (c) CONFORMING AMENDMENTS CONCERNING CON4 SPIRACIES.—

5 (1) Section 33(a) of title 18, United States 

6 Code is amended by inserting ‘‘or conspires’’ before 

7 ‘‘to do any of the aforesaid acts’’. 

8 (2) Section 1366(a) of title 18, United States 

9 Code, is amended—

10 (A) by striking ‘‘attempts’’ each time it ap11 pears and inserting ‘‘attempts or conspires’’; 

12 and 

13 (B) by inserting ‘‘, or if the object of the 

14 conspiracy had been achieved,’’ after ‘‘the at15 tempted offense had been completed’’. 

16 SEC. 407. TECHNICAL CORRECTIONS TO FINANCING OF 

17 TERRORISM STATUTE. 

18 Section 2332b(g)(5)(B) of title 18, United States 

19 Code, is amended by inserting ‘‘)’’ after ‘‘2339C (relating 

20 to financing of terrorism’’. 

21 SEC. 408. CROSS REFERENCE CORRECTION. 

22 Section 5318(n)(4)(A) of title 31, United States 

23 Code, is amended by striking ‘‘National Intelligence Re24 form Act of 2004’’ and inserting ‘‘Intelligence Reform and 

25 Terrorism Prevention Act of 2004’’. 
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1 SEC. 409. AMENDMENT TO AMENDATORY LANGUAGE. 

2 Section 6604 of the Intelligence Reform and Ter3 rorism Prevention Act of 2004 is amended (effective on 

4 the date of the enactment of that Act)—

5 (1) by striking ‘‘Section 2339c(c)(2)’’ and in6 serting ‘‘Section 2339C(c)(2)’’; and 

7 (2) by striking ‘‘Section 2339c(e)’’ and insert8 ing ‘‘Section 2339C(e)’’. 

9 SEC. 410. DESIGNATION OF ADDITIONAL MONEY LAUN10 DERING PREDICATE. 

11 Section 1956(c)(7)(D) of title 18, United States 

12 Code, is amended—

13 (1) by inserting ‘‘, or section 2339D (relating 

14 to receiving military-type training from a foreign 

15 terrorist organization)’’ after ‘‘section 2339A or 

16 2339B (relating to providing material support to 

17 terrorists)’’; and 

18 (2) by striking ‘‘or’’ before ‘‘section 2339A or 

19 2339B’’.

Passed the House of Representatives July 21, 2005. 

Attest:

Clerk.