II 

109TH CONGRESS 

1ST SESSION S. 3 

To strengthen and protect America in the war on terror. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 24, 2005 

Mr. GREGG (for himself, Mr. FRIST, Mr. SESSIONS, Mr. DEWINE, Mr. 

ALLEN, Mr. SANTORUM, Mr. MCCONNELL, and Mr. DEMINT) introduced 

the following bill; which was read twice and referred to the Committee 

on Finance 

A BILL 

To strengthen and protect America in the war on terror. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

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

5 ‘‘Protecting America in the War on Terror Act of 2005’’. 

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

7 this Act is as follows: 

Sec. 1. Short title. 

TITLE I—BIOPREPAREDNESS 

Sec. 101. Short title. 

Subtitle A—Product Development 
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CHAPTER 1—PARTNERING WITH THE PRIVATE SECTOR

Sec. 111. Expansion of countermeasures covered by BioShield. 

Sec. 112. Enhancing availability of private and international sector financing. 

Sec. 113. Restoration of patent term. 

Sec. 114. International harmonization of regulations. 

Sec. 115. Development of additional animal models. 

Sec. 116. Collaboration and coordination. 

CHAPTER 2—ENSURING REGULATORY EFFICIENCY

Sec. 121. Commission on Countermeasure and Vaccine Regulation. 

Sec. 122. Technical assistance. 

Sec. 123. Requirement to fully inform. 

Sec. 125. Accelerated approval of countermeasures or vaccines. 

Sec. 126. National uniformity for approved products. 

Subtitle B—Litigation Reform 

CHAPTER 1—PROTECTION FOR COUNTERMEASURES AND PRODUCTS

PROTECTING AGAINST PANDEMICS, EPIDEMICS, AND BIOTERRORISM

Sec. 131. Liability protections for pandemics, epidemics, and countermeasures. 

CHAPTER 2—VACCINE INJURY COMPENSATION PROGRAM

Sec. 141. Vaccine injury compensation and vaccine litigation reform. 

Sec. 142. Modifications to vaccines for children program. 

CHAPTER 3—ENCOURAGING VACCINE AND COUNTERMEASURE PRODUCTION

CAPACITY

Sec. 151. Incentives for the construction of vaccine and countermeasure manufacturing facilities. 

Sec. 152. Credit for medical research related to developing vaccines or countermeasures. 

Sec. 153. Grants to construct and improve research and development and manufacturing of countermeasures or vaccines. 

Sec. 154. Revenue recognition for adult and pediatric vaccines and other countermeasures against potential acts of terrorism. 

Subtitle C—Public Health Preparedness 

CHAPTER 1—CAPACITY TO RESPOND

Sec. 171. Pandemic influenza preparedness and response plan. 

Sec. 172. National Notifiable Disease Surveillance Program. 

Sec. 173. Enhancing critical capacity for illness detection. 

Sec. 174. Evaluation of public health capacity outcomes. 

Sec. 175. Nonimmigrant health screening. 

Sec. 176. Inspection, screening, and quarantining of live animals. 

Sec. 177. Authority to procure aircraft. 

CHAPTER 2—PUBLIC HEALTH WORKFORCE

Sec. 181. Public health workforce scholarship and loan repayment program. 

CHAPTER 3—PREPAREDNESS UPDATES
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Sec. 191. Report on preparedness. 

Sec. 192. Enhancing global response capabilities. 

TITLE II—INCREASED BENEFITS FOR FAMILIES OF DECEASED 

MEMBERS OF THE ARMED FORCES. 

Sec. 201. Increase in death gratuity payable with respect to deaths of members 

of the armed forces from combat-related causes or from service 

in operation Enduring Freedom or Iraqi Freedom. 

Sec. 202. Increase in automatic maximum coverage under servicemembers’ 

group life insurance and veterans’ group life insurance. 

Sec. 203. Increased period of continued Tricare coverage of children of members of the uniformed services who die while serving on active 

duty for a period of more than 30 days. 

TITLE III—HOMELAND SECURITY TECHNOLOGY IMPROVEMENT 

Sec. 301. Short title. 

Sec. 302. Homeland security transfer program. 

TITLE IV—ANTITERRORISM IMPROVEMENTS 

Subtitle A—Denial of Federal Benefits to Convicted Terrorists 

Sec. 401. Denial of Federal benefits to convicted terrorists. 

Subtitle B—Streamlined Information Sharing 

Sec. 411. Uniform standards for information sharing across Federal agencies. 

Sec. 412. Authorization to share national-security information with State and 

local governments. 

Subtitle C—Protecting Critical Infrastructure 

Sec. 421. Attacks against railroad carriers, passenger vessels, and mass transportation systems. 

Sec. 422. Entry by false pretenses to any seaport. 

Sec. 423. Criminal sanctions for failure to heave to, obstruction of boarding, or 

providing false information. 

Sec. 424. Criminal sanctions for violence against maritime navigation, placement of destructive devices, and malicious dumping. 

Sec. 425. Transportation of dangerous materials and terrorists. 

Sec. 426. Destruction or interference with vessels or maritime facilities. 

Sec. 427. Theft of interstate or foreign shipments or vessels. 

Sec. 428. Increased penalties for noncompliance with manifest requirements. 

Sec. 429. Stowaways on vessels or aircraft. 

Sec. 430. Bribery affecting port security.

1 TITLE I—BIOPREPAREDNESS 

2 SEC. 101. SHORT TITLE. 

3 This title may be cited as the ‘‘Biopreparedness Act 

4 of 2005’’. 
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1 Subtitle A—Product Development 

2 CHAPTER 1—PARTNERING WITH THE 

3 PRIVATE SECTOR 

4 SEC. 111. EXPANSION OF COUNTERMEASURES COVERED BY 

5 BIOSHIELD. 

6 Section 319F–1(a) of the Public Health Service Act 

7 (42 U.S.C. 247d–6a(a))is amended by striking paragraph 

8 (2) and inserting the following: 

9 ‘‘(2) DEFINITIONS.—In this section: 

10 ‘‘(A) QUALIFIED COUNTERMEASURE.—The 

11 term ‘qualified countermeasure’ means a drug 

12 (as that term is defined by section 201(g)(1) of 

13 the Federal Food, Drug, and Cosmetic Act (21 

14 U.S.C. 321(g)(1))), biological product (as that 

15 term is defined by section 351(i) of this Act (42 

16 U.S.C. 262(i))), device (as that term is defined 

17 by section 201(h) of the Federal Food, Drug, 

18 and Cosmetic Act (21 U.S.C. 321(h))), detec19 tion technology, or research tool that the Sec20 retary determines to be a priority (consistent 

21 with sections 302(2) and 304(a) of the Home22 land Security Act of 2002) to—

23 ‘‘(i) treat, identify, detect or prevent 

24 harm from any biological (including an in25 fectious disease), chemical, radiological, or 
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1 nuclear agent that may cause a public 

2 health emergency affecting national secu3 rity; or 

4 ‘‘(ii) treat, identify, detect or prevent 

5 harm from a condition that may result in 

6 adverse health consequences or death and 

7 may be caused by administering a drug, bi8 ological product, device, detection tech9 nology or research tool that is used as de10 scribed in this subparagraph. 

11 ‘‘(B) DETECTION TECHNOLOGY.—The 

12 term ‘detection technology’ means a technology 

13 device and its use for the detection of the pres14 ence, concentration, or characteristics of a bio15 logical (including an infectious disease), chem16 ical, or radiological agent in environmental or 

17 field samples. 

18 ‘‘(C) RESEARCH TOOL.—The term ‘re19 search tool’ includes the full range of tools that 

20 scientists may use in the laboratory to enable 

21 the rapid and effective development of counter22 measures, including diagnostics, vaccines, and 

23 drugs. 

24 ‘‘(D) INFECTIOUS DISEASE.—
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1 ‘‘(i) IN GENERAL.—The term ‘infec2 tious disease’ means a disease in humans 

3 caused by a pathogenic organism (includ4 ing a bacteria, virus, fungus, or parasite) 

5 that is acquired by a person and that re6 produces in that person. 

7 (ii) CLARIFICATION.—The term ‘infec8 tious disease’ includes a pathogenic orga9 nism whether or not such pathogenic orga10 nism is acquired by an individual through 

11 human-to-human contact or if the indi12 vidual is initially symptomatic of the dis13 ease.’’. 

14 SEC. 112. ENHANCING AVAILABILITY OF PRIVATE AND 

15 INTERNATIONAL SECTOR FINANCING. 

16 Not later than 12 months after the date of enactment 

17 of this Act, the Secretary of Health and Human Services 

18 shall submit to the appropriate committees of Congress 

19 recommendations concerning the necessity and feasibility 

20 of establishing mechanisms through which the United 

21 States may accept contributions or guarantees from pri22 vate organizations, international health agencies, and non23 governmental organizations to enhance the procurement 

24 or development of qualified countermeasures (as such 
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1 term is defined in section 319F–1 of the Public Health 

2 Service Act (42 U.S.C. 247d–6a(a)). 

3 SEC. 113. RESTORATION OF PATENT TERM. 

4 (a) PURPOSE.—The purpose of this section is to pro5 vide patent incentives to certain entities to protect inven6 tions from expropriation by competitors and to provide an 

7 incentive for capital formation to fund countermeasures 

8 and vaccine research. 

9 (b) LIMITATION.—A private entity may utilize the 

10 patent term protection and exclusive marketing provisions 

11 described in this title for countermeasures if such private 

12 entity is an entity certified under section 1812(d) of the 

13 Homeland Security Act of 2002. 

14 (c) RESTORATION OF PATENT TERMS RELATING TO

15 COUNTERMEASURES AND VACCINES.—

16 (1) IN GENERAL.—Chapter 14 of title 35, 

17 United States Code, is amended by inserting after 

18 section 156 the following: 

19 ‘‘§ 156a. Restoration of patent terms relating to coun20 termeasures and vaccines 

21 ‘‘(a) DEFINITIONS.—In this section, the term—

22 ‘‘(1) ‘countermeasure product’ means a counter23 measure, as that term is defined in section 319F–

24 1 of the Public Health Service Act, that is also a 

25 new drug, antibiotic drug, human biological product 
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1 or medical device, as those terms are used in the 

2 Federal Food, Drug, and Cosmetic Act (21 U.S.C. 

3 301 et seq.) and the Public Health Service Act (42 

4 U.S.C. 201 et seq.)); 

5 ‘‘(2) ‘regulatory review period’ means the period 

6 of time that—

7 ‘‘(A) starts on the date that is the later 

8 of—

9 ‘‘(i) the date that an eligible patent 

10 sought to be extended under this section is 

11 issued; 

12 ‘‘(ii) the date that an exemption under 

13 section 505(i) of the Federal Food, Drug, 

14 and Cosmetic Act (21 U.S.C. 355(i)) be15 came effective for the product; or 

16 ‘‘(iii) the date on which an investiga17 tional device exemption is approved pursu18 ant to section 501 of the Federal Food, 

19 Drug and Cosmetic Act; 

20 ‘‘(B) ends on the date that is—

21 ‘‘(i) in the case of a drug or antibiotic 

22 drug, the date on which an application 

23 submitted for such drug or antibiotic 

24 under section 505(b) of the Federal Food, 
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1 Drug, and Cosmetic Act (21 U.S.C. 

2 355(b)) is approved; 

3 ‘‘(ii) in the case of a biologic, the date 

4 on which an application submitted under 

5 section 351 of the Public Health Service 

6 Act (42 U.S.C. 262) is approved; or 

7 ‘‘(iii) in the case of a medical device, 

8 the date on which an application submitted 

9 for such device under section 513 of the 

10 Federal Food, Drug, and Cosmetic Act (21 

11 U.S.C. 360c) is approved; and 

12 ‘‘(3) ‘eligible patent’ means a patent that—

13 ‘‘(A)(i) claims a countermeasure product 

14 that has been successfully developed as specified 

15 by section 1812(e) of the Homeland Security 

16 Act of 2002, or claims an active ingredient of 

17 such countermeasure product, or a process of 

18 making or using the countermeasure product or 

19 an active ingredient of such countermeasure 

20 product, and 

21 ‘‘(ii) is owned by or licensed to an entity 

22 that has successfully developed the counter23 measure and has been certified under section 

24 1812(d) of the Homeland Security Act of 2002, 

25 or 
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1 ‘‘(B) claims a vaccine that has been suc2 cessfully developed. 

3 ‘‘(b) PATENT TERM EXTENSION.—The term of an el4 igible patent shall be extended by a period equal to the 

5 number of days in the regulatory review period if: 

6 ‘‘(1) An application in conformance with the re7 quirements of section (c) is submitted to the Direc8 tor by either the owner of record of the patent or 

9 its agent on or before the date specified in sub10 section (c)(3), or within 45 days from the date of 

11 issuance of the patent, whichever date is later. 

12 ‘‘(2) The patent that is the basis of the applica13 tion has not been previously extended under this sec14 tion, or under sections 156 or 158 of this title. 

15 ‘‘(3) The term of the patent that is the basis 

16 of the application has not expired before the date 

17 that the application is submitted under section (c). 

18 ‘‘(4) The regulatory review period for the coun19 termeasure product or vaccine has not been relied 

20 upon to support an application to extend the term 

21 of another patent under this section or under section 

22 156 of this title. 

23 ‘‘(c) ADMINISTRATIVE PROVISIONS.—

24 ‘‘(1) IN GENERAL.—To obtain an extension of 

25 the term of a patent under this section, the assigner 
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1 of record and licensee of record of the patent or the 

2 agent of the assigner of record and licensee shall 

3 submit an application to the Director. 

4 ‘‘(2) CONTENT.—The application shall con5 tain—

6 ‘‘(A) a description of the approved counter7 measure product or vaccine and the Federal 

8 statute under which regulatory review occurred; 

9 ‘‘(B) the identity of the patent for which 

10 an extension is sought under this section; and 

11 ‘‘(C) such other information as the Direc12 tor may require including to establish that the 

13 applicant meets the requirements of this sec14 tion. 

15 ‘‘(3) SUBMISSION OF APPLICATION FOR A

16 COUNTERMEASURE.—An application for a counter17 measure under this section shall be submitted to the 

18 Director within the 60-day period beginning on the 

19 date the product became eligible for purchase under 

20 a contract for procurement under section 319F–1 or 

21 319F–2 of the Public Health Service Act. 

22 ‘‘(4) IRREVOCABLE ELECTION.—The submis23 sion of an application under this section is an irrev24 ocable election of the application of this section to 

25 the patent that is the basis of the application. A pat-
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1 ent that has been the basis of an application made 

2 under this section may not be the subject of an ap3 plication made under sections 156 or 158 of this 

4 title. 

5 ‘‘(5) RULE OF CONSTRUCTION.—Nothing in 

6 this section shall be construed to prohibit an exten7 sion of the term of a patent relating to a counter8 measure product that, before the effective date of 

9 this section was approved for commercial marketing 

10 for non-countermeasure uses. 

11 ‘‘(d) LIMITATION.—A patent may not be extended 

12 under this section where—

13 ‘‘(1) the regulatory review period for the coun14 termeasure product was concluded before the date of 

15 enactment of the Biological, Chemical, and Radio16 logical Weapons Countermeasures Research Act; or 

17 ‘‘(2) the patent that is the basis of the applica18 tion under this section expired before the date of en19 actment of the Biological, Chemical, and Radio20 logical Weapons Countermeasures Research Act.’’. 

21 (2) TECHNICAL AND CONFORMING AMEND22 MENT.—The table of sections for chapter 14 of title 

23 35, United States Code, is amended by inserting 

24 after the item relating to section 156 the following:

‘‘156a. Restoration of patent terms relating to countermeasures for certain biological or chemical agents or toxins.’’.
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1 (d) GENERAL EXTENSION OF CERTAIN PATENT

2 TERMS FOR PATENTS HELD BY ENTITIES THAT HAVE

3 SUCCESSFULLY DEVELOPED COUNTERMEASURES.—

4 (1) IN GENERAL.—Chapter 14 of title 35, 

5 United States Code, is amended by adding at the 

6 end the following: 

7 ‘‘§ 158. Patent term for patents held by entities with 

8 certain research certifications 

9 ‘‘(a) DEFINITIONS.—In this section, the term—

10 ‘‘(1) ‘countermeasure product’ means a counter11 measure, as that term is defined in section 319F–

12 1 of the Public Health Service Act, that is also a 

13 new drug, antibiotic drug, human biological product 

14 or medical device, as those terms are used in the 

15 Federal Food, Drug, and Cosmetic Act (21 U.S.C. 

16 301 et seq.) and the Public Health Service Act (42 

17 U.S.C. 201 et seq.); 

18 ‘‘(2) ‘eligible patent’ means an issued patent 

19 that, at least 1 year before the date on which an eli20 gible entity was certified under section 1812(d) of 

21 the Homeland Security Act of 2002, was owned by 

22 or licensed to that eligible entity; and 

23 ‘‘(3) ‘eligible entity’ means a natural or legal 

24 person that has—
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1 ‘‘(A) alone or with others, successfully de2 veloped a countermeasure product; 

3 ‘‘(B) been certified under section 1812(d) 

4 of the Homeland Security Act of 2002; 

5 ‘‘(C) entered into a contract for the sale of 

6 the countermeasure product under section 

7 319F–1 or section 319F–2 of the Public Health 

8 Service Act; 

9 ‘‘(4) ‘Research Act’ means the Biological, 

10 Chemical, and Radiological Weapons Counter11 measures Research Act. 

12 ‘‘(b) SPECIAL PATENT TERM EXTENSION.—The 

13 term of a eligible patent shall be extended for a period 

14 as specified by regulations to be promulgated by the Sec15 retary of Health and Human Services, in addition to the 

16 term which would otherwise apply except for this section, 

17 if: 

18 ‘‘(1) An application in conformance with the re19 quirements of subsection (c) is submitted to the Di20 rector by either the owner of record of the patent or 

21 its agent on or before the date specified in sub22 section (c)(3). 

23 ‘‘(2) The patent that is the basis of the applica24 tion has not been previously extended under this sec25 tion, or under sections 156 or 156a of this title. 
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1 ‘‘(3) The term of the patent that is the basis 

2 of the application has not expired before the date 

3 that the application is submitted under subsection 

4 (c). 

5 ‘‘(4) The term of no other patent has been ex6 tended based on the certification under section 

7 1812(d) of the Homeland Security Act of 2002 of 

8 the eligible entity. 

9 ‘‘(c) ADMINISTRATIVE PROVISIONS.—

10 ‘‘(1) IN GENERAL.—To obtain an extension of 

11 the term of a patent under this section, the owner 

12 of record of the patent or the agent of the owner 

13 shall submit an application to the Director. 

14 ‘‘(2) CONTENT.—An application under this sec15 tion shall contain—

16 ‘‘(A) a description of the approved counter17 measure product and the Federal statute under 

18 which regulatory review occurred; 

19 ‘‘(B) the identity of the patent for which 

20 an extension is sought under this section; 

21 ‘‘(C) the identity of the eligible entity and 

22 the applicant; and 

23 ‘‘(D) such other information as the Direc24 tor may require including to establish that the 
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1 applicant meets the requirements of this sec2 tion. 

3 ‘‘(3) SUBMISSION OF APPLICATION.—An appli4 cation under this section shall be submitted to the 

5 Director within the 60-day period beginning on the 

6 date the countermeasure product became eligible for 

7 purchase under a contract for procurement under 

8 section 319F–1 or 3199F–2 of the Public Health 

9 Service Act. 

10 ‘‘(d) LIMITATIONS AND CONDITIONS.—

11 ‘‘(1) PERIOD OF EXTENSION.—The Secretary of 

12 Health and Human Services shall promulgate regu13 lations specifying the duration of extensions to be 

14 granted under the authority of this section. The ex15 tension to be granted to an application shall be that 

16 specified by such regulations in effect on the date 

17 that an application for certification under section 

18 1812(d) of the Homeland Security Act of 2005 is 

19 made by the eligible entity. In no case, shall any ex20 tension granted under this section exceed 2 years, or 

21 be less than 6 months. 

22 ‘‘(2) CRITERIA FOR EXTENSION.—The Sec23 retary of Health and Human Services, in deter24 mining the period of extensions to be granted under 

25 the authority of this section, shall consider—
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1 ‘‘(A) the nature of the threat to be coun2 tered and the importance of developing counter3 measures to respond to such threat; 

4 ‘‘(B) the difficulty, risk, and expense likely 

5 to be associated with the development of such 

6 countermeasure; and 

7 ‘‘(C) the impact of the patent extension on 

8 consumers and healthcare providers. 

9 ‘‘(3) LIMITATION.—No patent may be extended 

10 under the authority of this subsection more than 

11 once. 

12 ‘‘(4) IRREVOCABLE ELECTION.—The submis13 sion of an application under this section is an irrev14 ocable election of the application of this section to 

15 the patent that is the basis of the application. A pat16 ent that has been the basis of an application made 

17 under this section may not be the subject of an ap18 plication made under sections 156 or 156a of this 

19 title.’’

20 (2) TECHNICAL AND CONFORMING AMEND21 MENT.—The table of sections for chapter 14 of title 

22 35, United States Code, is amended by adding at 

23 the end the following:

‘‘158. Patent term for patents held by entities with certain research certifications.’’.

24 (e) LICENSING.—
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1 (1) DISCRETION TO WAIVE MARCH-IN

2 RIGHTS.—Notwithstanding sections 200, 203, and 

3 209 of title 35, United States Code, an entity that 

4 holds a certification under section 1812(d) of the 

5 Homeland Security Act of 2002 with respect to a 

6 product that is a countermeasure, detection equip7 ment, diagnostic, research tool, or drug intended to 

8 prevent or treat an infectious disease may license 

9 such patented product. 

10 (2) FEDERALLY OWNED INVENTIONS.—Section 

11 209 of title 35, United States Code, is amended—

12 (A) by redesignating subsections (e) and 

13 (f) as subsections (f) and (g), respectively; and 

14 (B) by inserting after subsection (d) the 

15 following: 

16 ‘‘(e) TERMS AND CONDITIONS OF LICENSE.—Each 

17 license granted under section 207(a)(2) shall include a 

18 provision that, at the discretion of the licensee, the li19 censee may act as the agent for the licensor with respect 

20 to any patent for the licensed invention for purposes of 

21 extending a patent under section 156a or 158.’’. 

22 (3) COOPERATIVE RESEARCH AND DEVELOP23 MENT AGREEMENTS.—Section 12(b) of the Steven24 son-Wydler Technology Innovation Act of 1980 (15 
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1 U.S.C. 3710a(b)) is amended by adding at the end 

2 the following: 

3 ‘‘(7) Each license for a patent granted under an 

4 agreement entered into under subsection (a)(1) shall 

5 include a provision that, at the discretion of the li6 censee, the licensee may act as the agent for the li7 censor with respect to that patent for purposes of 

8 extending a patent under section 156a or 158 of 

9 title 35, United States Code.’’. 

10 (4) APPLICABLE LICENSES.—The amendments 

11 made by paragraphs (2) and (3) shall apply only to 

12 licenses granted on or after 60 days after the date 

13 of enactment of this Act. 

14 (f) ADDITIONAL INTELLECTUAL PROPERTY PROTEC15 TIONS.—Not later than 12 months after the date of enact16 ment of this Act, the Secretary of Commerce in consulta17 tion with the Secretary of Health and Human Services 

18 shall submit to the appropriate committees of Congress 

19 recommendations concerning additional intellectual prop20 erty incentives and protections that may be necessary to 

21 accelerate efforts to develop or enhance qualified counter22 measures (as defined in section 319F–1 of the Public 

23 Health Service Act (42 U.S.C. 247d–6a(a)) or prepared24 ness pools. 
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1 SEC. 114. INTERNATIONAL HARMONIZATION OF REGULA2 TIONS. 

3 The Secretary of Health and Human Services shall 

4 provide an annual report to the appropriate committees 

5 of Congress describing the activities undertaken, progress 

6 made, and barriers to the implementation by the Depart7 ment of Health and Human Services with respect to the 

8 international harmonization of regulations, including the 

9 International Conference on Harmonization, the Global 

10 Harmonization Task Force, and efforts to establish inter11 national standards for data exclusivity. 

12 SEC. 115. DEVELOPMENT OF ADDITIONAL ANIMAL MODELS. 

13 Part B of title III of the Public Health Service Act 

14 (42 U.S.C. 243 et seq.) is amended by inserting after sec15 tion 319J the following: 

16 ‘‘SEC. 319K. ANIMAL MODELS FOR CERTAIN DISEASES. 

17 ‘‘(a) IN GENERAL.—The Secretary, in coordination 

18 with the Director of the National Institute on Allergy and 

19 Infectious Diseases and the Director of the Centers for 

20 Disease Control and Prevention, shall establish and award 

21 grants under this section to eligible entities to study the 

22 physiological responses of certain animal species to bioter23 rorism agents and other infectious agents. 

24 ‘‘(b) ELIGIBILITY.—To be eligible to receive a grant 

25 under this section, an entity shall—
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1 ‘‘(1) provide assurances to the Secretary that 

2 the entity has access to a biosafety level 3 or 4 facil3 ity; 

4 ‘‘(2) submit to the Secretary an application at 

5 such time, in such manner, and containing such in6 formation as the Secretary may require; and 

7 ‘‘(3) agree to submit the results of the research 

8 funded under the grant to the Director of the Na9 tional Institute on Allergy and Infectious Diseases.’’. 

10 SEC. 116. COLLABORATION AND COORDINATION. 

11 Section 2 of the Clayton Act (15 U.S.C. 13) is 

12 amended by adding at the end the following: 

13 ‘‘(g) LIMITED ANTITRUST EXEMPTION.—

14 ‘‘(1) COUNTERMEASURES DEVELOPMENT MEET15 INGS AND CONSULTATIONS.—

16 ‘‘(A) COUNTERMEASURES DEVELOPMENT

17 MEETING AND CONSULTATIONS.—The Sec18 retary may conduct meetings and consultations 

19 with parties involved in the development of pri20 ority countermeasures for the purpose of the 

21 development, manufacture, distribution, pur22 chase, or sale of priority countermeasures con23 sistent with the purposes of this title. The Sec24 retary shall give notice of such meetings and 

25 consultations to the Attorney General and the 
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1 Chairperson of the Federal Trade Commission 

2 (referred to in this subsection as the ‘Chair3 person’). 

4 ‘‘(B) MEETING AND CONSULTATION CON5 DITIONS.—A meeting or consultation conducted 

6 under subparagraph (A) shall—

7 ‘‘(i) be chaired or, in the case of a 

8 consultation, facilitated by the Secretary; 

9 ‘‘(ii) be open to parties involved in the 

10 development, manufacture, distribution, 

11 purchase, or sale of priority counter12 measures, as determined by the Secretary; 

13 ‘‘(iii) be open to the Attorney General 

14 and the Chairperson; 

15 ‘‘(iv) be limited to discussions involv16 ing the development, manufacture, dis17 tribution, or sale of priority counter18 measures, consistent with the purposes of 

19 this title; and 

20 ‘‘(v) be conducted in such manner as 

21 to ensure that national security, confiden22 tial, and proprietary information is not dis23 closed outside the meeting or consultation. 

24 ‘‘(C) MINUTES.—The Secretary shall 

25 maintain minutes of meetings and consultations 
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1 under this subsection, which shall not be dis2 closed under section 552 of title 5, United 

3 States Code. 

4 ‘‘(D) EXEMPTION.—The antitrust laws 

5 shall not apply to meetings and consultations 

6 under this paragraph, except that any agree7 ment or conduct that results from a meeting or 

8 consultation and that does not receive an ex9 emption pursuant to this subsection shall be 

10 subject to the antitrust laws. 

11 ‘‘(2) WRITTEN AGREEMENTS.—The Secretary 

12 shall file a written agreement regarding covered ac13 tivities, made pursuant to meetings or consultations 

14 conducted under paragraph (1) and that is con15 sistent with this paragraph, with the Attorney Gen16 eral and the Chairperson for a determination of the 

17 compliance of such agreement with antitrust laws. 

18 In addition to the proposed agreement itself, any 

19 such filing shall include—

20 ‘‘(A) an explanation of the intended pur21 pose of the agreement; 

22 ‘‘(B) a specific statement of the substance 

23 of the agreement; 
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1 ‘‘(C) a description of the methods that will 

2 be utilized to achieve the objectives of the 

3 agreement; 

4 ‘‘(D) an explanation of the necessity of a 

5 cooperative effort among the particular partici6 pating parties to achieve the objectives of the 

7 agreement; and 

8 ‘‘(E) any other relevant information deter9 mined necessary by the Secretary in consulta10 tion with the Attorney General and the Chair11 person. 

12 ‘‘(3) DETERMINATION.—The Attorney General, 

13 in consultation with the Chairperson, shall determine 

14 whether an agreement regarding covered activities 

15 referred to in paragraph (2) would likely—

16 ‘‘(A) be in compliance with the antitrust 

17 laws, and so inform the Secretary and the par18 ticipating parties; or 

19 ‘‘(B) violate the antitrust laws, in which 

20 case, the filing shall be deemed to be a request 

21 for an exemption from the antitrust laws, lim22 ited to the performance of the agreement con23 sistent with the purposes of this title. 

24 ‘‘(4) ACTION ON REQUEST FOR EXEMPTION.—
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1 ‘‘(A) IN GENERAL.—The Attorney General, 

2 in consultation with the Chairperson, shall 

3 grant, deny, grant in part and deny in part, or 

4 propose modifications to a request for exemp5 tion from the antitrust laws under paragraph 

6 (3) within 15 days of the receipt of such re7 quest. 

8 ‘‘(B) EXTENSION.—The Attorney General 

9 may extend the 15-day period referred to in 

10 subparagraph (A) for an additional period of 

11 not to exceed 10 days. Such additional period 

12 may be further extended only by the United 

13 States district court, upon an application by the 

14 Attorney General after notice to the Secretary 

15 and the parties involved. 

16 ‘‘(C) DETERMINATION.—In granting an 

17 exemption under this paragraph, the Attorney 

18 General, in consultation with the Chairperson 

19 and the Secretary—

20 ‘‘(i) must find—

21 ‘‘(I) that the agreement involved 

22 is necessary to ensure the availability 

23 of priority countermeasures; 
26

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1 ‘‘(II) that the exemption from 

2 the antitrust laws would promote the 

3 public interest; and 

4 ‘‘(III) that there is no substantial 

5 competitive impact to areas not di6 rectly related to the purposes of the 

7 agreement; and 

8 ‘‘(ii) may consider any other factors 

9 determined relevant by the Attorney Gen10 eral and the Chairperson. 

11 ‘‘(5) LIMITATION ON AND RENEWAL OF EXEMP12 TIONS.—An exemption granted under paragraph (4) 

13 shall be limited to covered activities, and shall expire 

14 on the date that is 3 years after the date on which 

15 the exemption becomes effective (and at 3 year in16 tervals thereafter, if renewed) unless the Attorney 

17 General in consultation with the Chairperson deter18 mines that the exemption should be renewed (with 

19 modifications, as appropriate) considering the fac20 tors described in paragraph (4). 

21 ‘‘(6) LIMITATION ON PARTIES.—The use of any 

22 information acquired under an exempted agreement 

23 by the parties to such an agreement for any pur24 poses other than those specified in the antitrust ex25 emption granted by the Attorney General shall be 
27

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1 subject to the antitrust laws and any other applica2 ble laws. 

3 ‘‘(7) GUIDELINES.—The Attorney General and 

4 the Chairperson may develop and issue guidelines to 

5 implement this subsection. 

6 ‘‘(8) REPORT.—Not later than 1 year after the 

7 date of enactment of the Biopreparedness Act of 

8 2005, and annually thereafter, the Attorney General 

9 and the Chairperson shall report to Congress on the 

10 use and continuing need for the exemption from the 

11 antitrust laws provided by this subsection. 

12 ‘‘(9) SUNSET.—The authority of the Attorney 

13 General to grant or renew a limited antitrust exemp14 tion under this subsection shall expire at the end of 

15 the 6-year period that begins on the date of enact16 ment of the Biopreparedness Act of 2005. 

17 ‘‘(h) DEFINITIONS.—In this section and title XXVIII 

18 of the Public Health Service Act: 

19 ‘‘(1) ANTITRUST LAWS.—The term ‘antitrust 

20 laws’—

21 ‘‘(A) has the meaning given such term in 

22 subsection (a) of the first section of the Clayton 

23 Act (15 U.S.C. 12(a)), except that such term 

24 includes the Act of June 19, 1936 (15 U.S.C. 

25 13 et seq.) commonly known as the Robinson-
28

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1 Patman Act), and section 5 of the Federal 

2 Trade Commission Act (15 U.S.C. 45) to the 

3 extent such section 5 applies to unfair methods 

4 of competition; and 

5 ‘‘(B) includes any State law similar to the 

6 laws referred to in subparagraph (A). 

7 ‘‘(2) COVERED ACTIVITIES.—

8 ‘‘(A) IN GENERAL.—Except as provided in 

9 subparagraph (B), the term ‘covered activities’ 

10 means any group of activities or conduct, in11 cluding attempting to make, making, or per12 forming a contract or agreement or engaging in 

13 other conduct, for the purpose of—

14 ‘‘(i) theoretical analysis, experimen15 tation, or the systematic study of phe16 nomena or observable facts necessary to 

17 the development of priority counter18 measures; 

19 ‘‘(ii) the development or testing of 

20 basic engineering techniques necessary to 

21 the development of priority counter22 measures; 

23 ‘‘(iii) the extension of investigative 

24 findings or theory of a scientific or tech25 nical nature into practical application for 
29

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1 experimental and demonstration purposes, 

2 including the experimental production and 

3 testing of models, prototypes, equipment, 

4 materials, and processes necessary to the 

5 development of priority countermeasures; 

6 ‘‘(iv) the production, distribution, or 

7 marketing of a product, process, or service 

8 that is a priority countermeasures; 

9 ‘‘(v) the testing in connection with the 

10 production of a product, process, or serv11 ices necessary to the development of pri12 ority countermeasures; 

13 ‘‘(vi) the collection, exchange, and 

14 analysis of research or production informa15 tion necessary to the development of pri16 ority countermeasures; or 

17 ‘‘(vii) any combination of the purposes 

18 described in clauses (i) through (vi); 

19 and such term may include the establishment 

20 and operation of facilities for the conduct of 

21 covered activities described in clauses (i) 

22 through (vi), the conduct of such covered activi23 ties on a protracted and proprietary basis, and 

24 the processing of applications for patents and 
30

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1 the granting of licenses for the results of such 

2 covered activities. 

3 ‘‘(B) EXCEPTION.—The term ‘covered ac4 tivities’ shall not include the following activities 

5 involving 2 or more persons: 

6 ‘‘(i) Exchanging information among 

7 competitors relating to costs, sales, profit8 ability, prices, marketing, or distribution of 

9 any product, process, or service if such in10 formation is not reasonably necessary to 

11 carry out the purposes of covered activi12 ties. 

13 ‘‘(ii) Entering into any agreement or 

14 engaging in any other conduct—

15 ‘‘(I) to restrict or require the 

16 sale, licensing, or sharing of inven17 tions, developments, products, proc18 esses, or services not developed 

19 through, produced by, or distributed 

20 or sold through such covered activi21 ties; or 

22 ‘‘(II) to restrict or require par23 ticipation by any person who is a 

24 party to such covered activities in 

25 other research and development activi-
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1 ties, that is not reasonably necessary 

2 to prevent the misappropriation of 

3 proprietary information contributed 

4 by any person who is a party to such 

5 covered activities or of the results of 

6 such covered activities. 

7 ‘‘(iii) Entering into any agreement or 

8 engaging in any other conduct allocating a 

9 market with a competitor that is not ex10 pressly exempted from the antitrust laws 

11 by a determination under subsection (i)(4). 

12 ‘‘(iv) Exchanging information among 

13 competitors relating to production (other 

14 than production by such covered activities) 

15 of a product, process, or service if such in16 formation is not reasonably necessary to 

17 carry out the purpose of such covered ac18 tivities. 

19 ‘‘(v) Entering into any agreement or 

20 engaging in any other conduct restricting, 

21 requiring, or otherwise involving the pro22 duction of a product, process, or service 

23 that is not so expressly exempted from the 

24 antitrust laws by a determination under 

25 subsection (i)(4). 
32

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1 ‘‘(vi) Except as otherwise provided in 

2 this subsection, entering into any agree3 ment or engaging in any other conduct to 

4 restrict or require participation by any per5 son who is a party to such activities, in 

6 any unilateral or joint activity that is not 

7 reasonably necessary to carry out the pur8 pose of such covered activities. 

9 ‘‘(3) DEVELOPMENT.—The term ‘development’ 

10 includes the identification of suitable compounds or 

11 biological materials, the conduct of preclinical and 

12 clinical studies, the preparation of an application for 

13 marketing approval, and any other actions related to 

14 preparation of a countermeasure. 

15 ‘‘(4) PERSON.—The term ‘person’ has the 

16 meaning given such term in subsection (a) of the 

17 first section of the Clayton Act (15 U.S.C. 12(a)). 

18 ‘‘(5) PRIORITY COUNTERMEASURES.—The term 

19 ‘priority countermeasure’ means a countermeasure, 

20 including a drug, medical device, biological product, 

21 or diagnostic test to treat, identify, or prevent infec22 tion by a biological agent or toxin on the list devel23 oped under section 351A(a)(1) of the Public Health 

24 Service Act and prioritized under subsection 

25 (a)(1).’’. 
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1 CHAPTER 2—ENSURING REGULATORY 

2 EFFICIENCY 

3 SEC. 121. COMMISSION ON COUNTERMEASURE AND VAC4 CINE REGULATION. 

5 (a) ESTABLISHMENT.—There shall be established a 

6 commission to be known as the Commission on Counter7 measure and Vaccine Regulation (referred to in this sec8 tion referred to as the ‘‘Commission’’). 

9 (b) MEMBERSHIP.—

10 (1) COMPOSITION.—The Commission shall be 

11 composed of 7 members to be appointed by the Sec12 retary of Health and Human Services in accordance 

13 with this subsection. 

14 (2) EXPERTISE REQUIREMENT.—The members 

15 of the Commission shall consist of individuals with 

16 expertise and experience in the manufacture, regula17 tion, distribution, and use of vaccines, of which—

18 (A) at least 2 members of the Commission 

19 shall have experience qualified by training and 

20 experience to inspect vaccine manufacturing fa21 cilities and may be employees of the Depart22 ment of Health and Human Services; 

23 (B) at least 2 members of the Commission 

24 shall represent manufacturers of vaccine prod25 ucts; and 
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1 (C) at least 1 member of the Commission 

2 shall be a representative of vaccine consumers. 

3 (3) CHAIRPERSON.—The Secretary shall ap4 point an individual to serve as the Chairperson of 

5 the Commission. Such individual shall not be an em6 ployee of the Department of Health and Human 

7 Services. 

8 (c) FUNCTIONS.—The Commission shall conduct a 

9 study of the statutes, regulations, guidelines, and compli10 ance, inspection, and enforcement practices and policies 

11 of the Department of Health and Human Services and of 

12 the Food and Drug Administration that are applicable to 

13 vaccines intended for human use that are in periodic short 

14 supply in the United States. 

15 (d) REQUIREMENTS.—The study under subsection 

16 (c) shall include a review of the regulatory requirements, 

17 guidelines, practices, and policies—

18 (1) for the development and licensing of vac19 cines and the licensing of vaccine manufacturing fa20 cilities; 

21 (2) for inspections and other activities for main22 taining compliance and enforcement of the require23 ments applicable to such vaccines and facilities: and 

24 (3) that may have contributed to temporary or 

25 long-term shortages of vaccines. 
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1 (e) REPORT AND RECOMMENDATIONS.—Not later 

2 than 6 months after the date of enactment of this Act, 

3 the Commission shall submit to the Secretary of Health 

4 and Human Services, the Committee on Health, Edu5 cation, Labor and Pensions of the Senate and the Com6 mittee on Energy and Commerce of the House of Rep7 resentatives a report that contains—

8 (1) the results of the study conducted under 

9 subsection (a); and 

10 (2) recommendations for modifications to the 

11 regulatory requirements, guidelines and practices, 

12 and policies described in subsection (b) to reduce 

13 waste, increase efficiency, and ensure the rapid 

14 availability of safe and effective products. 

15 SEC. 122. TECHNICAL ASSISTANCE. 

16 Subchapter E of chapter V of the Federal Food, 

17 Drug, and Cosmetic Act (21 U.S.C. 360bbb et seq.) is 

18 amended by adding at the end the following: 

19 ‘‘SEC. 565. TECHNICAL ASSISTANCE. 

20 ‘‘The Secretary, in consultation with the Commis21 sioner of Food and Drugs, shall establish within the Food 

22 and Drug Administration a team of experts on manufac23 turing and regulatory activities (including compliance with 

24 current Good Manufacturing Practices) to provide both 

25 off-site and on-site technical assistance, at the request of 
36

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1 the manufacturer, to the manufacturers of vaccines or 

2 other biological products regulated under this act or sec3 tion 351 of the Public Health Service Act if the Secretary 

4 determines that a shortage or potential shortage may 

5 occur in the United States in the supply of such vaccines 

6 or products and that the provision of such assistance 

7 would be beneficial in helping alleviate or avert such short8 age.’’. 

9 SEC. 123. REQUIREMENT TO FULLY INFORM. 

10 (a) IN GENERAL.—Subchapter E of Chapter V of the 

11 Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb 

12 et seq.), as amended by section 122, is further amended 

13 by adding at the end the following: 

14 ‘‘SEC. 566. REQUIREMENT TO FULLY INFORM. 

15 ‘‘Notwithstanding any other provision of law, a man16 ufacturer of a drug that is subject to Food and Drug Ad17 ministration regulation shall promptly submit to the Food 

18 and Drug Administration all communications between the 

19 manufacturer and the regulatory body of a foreign govern20 ment if the content of such communications may impact 

21 the introduction of a drug into the interstate commerce 

22 of the United States.’’. 

23 (b) CONFORMING AMENDMENT.—Section 301 of the 

24 Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331) 

25 is amended by adding at the end the following: 
37

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1 ‘‘(hh) The knowing failure or refusal by a manufac2 turer of a drug or vaccine to provide any communication 

3 required by this chapter.’’. 

4 SEC. 125. ACCELERATED APPROVAL OF COUNTER5 MEASURES OR VACCINES. 

6 (a) IN GENERAL.—The Secretary of Health and 

7 Human Services may designate a countermeasure or vac8 cine as a fast-track product pursuant to section 506 of 

9 the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 

10 356). Such a designation may be made for counter11 measures or vaccines that demonstrate the potential to im12 prove upon countermeasures or vaccines available at the 

13 time of such declaration. Such a designation may be made 

14 prior to the submission of—

15 (1) a request for designation by the sponsor or 

16 applicant; or 

17 (2) an application for the investigation of the 

18 drug under section 505(i) of such Act or section 

19 351(a)(3) of the Public Health Service Act. 

20 (b) RULE OF CONSTRUCTION.—Nothing in this sec21 tion shall be construed to prohibit a sponsor or applicant 

22 from declining a designation under subsection (a). 
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1 SEC. 126. NATIONAL UNIFORMITY FOR APPROVED PROD2 UCTS. 

3 (b) OTHER PRODUCTS.—Chapter VII of the Federal 

4 Food, Drug, and Cosmetic Act (21 U.S.C. 371 et seq.) 

5 is amended by adding at the end the following: 

6 ‘‘Subchapter H—National Uniformity for 

7 Approved Products 

8 ‘‘SEC. 761. NATIONAL UNIFORMITY FOR DRUGS, VACCINES, 

9 AND OTHER BIOLOGICAL PRODUCTS. 

10 ‘‘(a) IN GENERAL.—Except as provided in section 

11 763, no State, political subdivision of a State, or judicial 

12 system of a State may establish or continue in effect any 

13 requirement—

14 ‘‘(1) that relates to the regulation of a drug in15 tended for use by humans (including a vaccine or 

16 other biological product); and 

17 ‘‘(2) that is different from or in addition to, or 

18 that is otherwise not identical with, a requirement of 

19 this Act, section 351 of the Public Health Service 

20 Act (42 U.S.C. 262), the Fair Packaging and Label21 ing Act (15 U.S.C. 1451 et seq.), and the adminis22 trative implementation of such Acts. 

23 ‘‘(b) REQUIREMENT RELATING TO REGULATIONS.—

24 For purposes of this section, a requirement relating to the 

25 regulation of a drug, vaccine, or other biological product 

26 shall be deemed to include any requirement relating to the 
39

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1 subject matter in any provision of this Act, section 351 

2 of the Public Health Service Act (42 U.S.C. 262), or the 

3 Fair Packaging and Labeling Act (15 U.S.C. 1451 et 

4 seq.), but shall not include any requirement relating to 

5 the practice of pharmacy or any requirement that a drug 

6 be dispensed only upon the prescription of a practitioner 

7 licensed by law to administer such drug. 

8 ‘‘SEC. 762. WARNING UNIFORMITY. 

9 ‘‘(a) IN GENERAL.—Except as provided in this sec10 tion, no State or political subdivision of a State may, di11 rectly or indirectly, establish or continue in effect under 

12 any authority any notification requirement for a drug, vac13 cine, or other biological product intended for use by hu14 mans that provides for a warning concerning the safety 

15 of the drug, vaccine, or biological product or any compo16 nent or package thereof, unless such notification require17 ment has been prescribed under the authority of this Act 

18 and the State or political subdivision notification require19 ment is identical to the notification requirement prescribed 

20 under the authority of this Act. 

21 ‘‘(b) DEFINITIONS.—In this section: 

22 ‘‘(1) NOTIFICATION REQUIREMENT.—The term 

23 ‘notification requirement’ includes any mandatory 

24 disclosure requirement relating to the dissemination 

25 of information about a drug, vaccine, or biological 
40

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1 product in any manner, such as labels, labeling, 

2 posters, public notices, advertising, or any other 

3 means of communication. 

4 ‘‘(2) WARNING.—The term ‘warning’ with re5 spect to a drug, vaccine, or other biological product 

6 means any statement, vignette, or other representa7 tion which indicates, directly or by implication, that 

8 the drug, vaccine or biological product presents or 

9 may present a hazard to human health or safety. 

10 ‘‘SEC. 763. EXEMPTIONS FROM UNIFORMITY. 

11 ‘‘Upon application of a State, the Secretary may by 

12 regulation, after notice and opportunity for written and 

13 oral presentation of views, exempt from section 761 or 

14 762, under such conditions as the Secretary may impose, 

15 a State requirement that—

16 ‘‘(1) is justified by compelling and unique local 

17 conditions; 

18 ‘‘(2) protects an important public interest that 

19 would otherwise be unprotected; 

20 ‘‘(3) would not cause any drug, vaccine, or 

21 other biological product to be in violation of any ap22 plicable requirement or prohibition under Federal 

23 law; and 

24 ‘‘(4) would not unduly burden interstate com25 merce.’’. 
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1 Subtitle B—Litigation Reform 

2 CHAPTER 1—PROTECTION FOR COUNTER3 MEASURES AND PRODUCTS PRO4 TECTING AGAINST PANDEMICS, 

5 EPIDEMICS, AND BIOTERRORISM 

6 SEC. 131. LIABILITY PROTECTIONS FOR PANDEMICS, 

7 EPIDEMICS, AND COUNTERMEASURES. 

8 Part B of title III of the Public Health Service Act 

9 is amended by inserting after section 319F–2 (42 U.S.C. 

10 247d–6b) the following: 

11 ‘‘SEC. 319F–3. LIABILITY PROTECTIONS FOR PANDEMICS, 

12 EPIDEMICS, AND COUNTERMEASURES. 

13 ‘‘(a) AUTHORITY.—The Secretary shall be respon14 sible for the administration of this section. This section 

15 shall apply with respect to both Federal and non-Federal 

16 sales and purchases of qualified countermeasures within 

17 the meaning of section 319F–1 of the Public Health Serv18 ice Act, or qualified pandemic or epidemic technologies. 

19 ‘‘(b) LITIGATION MANAGEMENT.—

20 ‘‘(1) FEDERAL CAUSE OF ACTION.—

21 ‘‘(A) IN GENERAL.—There shall exist an 

22 exclusive Federal cause of action for claims 

23 arising out of, relating to, or resulting from the 

24 use of a qualified pandemic or epidemic tech25 nology or qualified countermeasure. The sub-
42

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1 stantive law for decision in any such action 

2 shall be derived from the law, including choice 

3 of law principles, of the State in which such 

4 cases of pandemic occur, unless such law is in5 consistent with or preempted by Federal law. 

6 Such Federal cause of action shall be brought 

7 only for claims for injuries that are proximately 

8 caused by manufacturers, distributors, or health 

9 care providers that provide qualified pandemic 

10 or epidemic technology or qualified counter11 measure to Federal and non-Federal Govern12 ment customers. 

13 ‘‘(B) JURISDICTION.—Such appropriate 

14 district court of the United States shall have 

15 original and exclusive jurisdiction over all ac16 tions for any claim for loss of property, per17 sonal injury, or death arising out of, relating to, 

18 or resulting from when a qualified pandemic 

19 technology has been deployed in defense against 

20 or response or recovery and such claims result 

21 or may result in loss to the manufacturer, dis22 tributor, or health care provider. 

23 ‘‘(2) SPECIAL RULES.—In an action brought 

24 under this section for damages the following provi25 sions shall apply: 
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1 ‘‘(A) PUNITIVE DAMAGES.—No punitive 

2 damages intended to punish or deter, exemplary 

3 damages, or other damages not intended to 

4 compensate a plaintiff for actual losses may be 

5 awarded, nor shall any party be liable for inter6 est prior to the judgment. 

7 ‘‘(B) NONECONOMIC DAMAGES.—

8 ‘‘(i) IN GENERAL.—Noneconomic 

9 damages may be awarded in an amount 

10 not to exceed $250,000 against a defend11 ant only in an amount directly proportional 

12 to the percentage of responsibility of such 

13 defendant for the harm to the plaintiff, 

14 and no plaintiff may recover noneconomic 

15 damages unless the plaintiff suffered phys16 ical harm. 

17 ‘‘(ii) DEFINITION.—For purposes of 

18 clause (i), the term ‘noneconomic damages’ 

19 means damages for losses for physical and 

20 emotional pain, suffering, inconvenience, 

21 physical impairment, mental anguish, dis22 figurement, loss of enjoyment of life, loss 

23 of society and companionship, loss of con24 sortium, hedonic damages, injury to rep-
44

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1 utation, and any other nonpecuniary 

2 losses. 

3 ‘‘(3) COLLATERAL SOURCES.—Any recovery by 

4 a plaintiff in an action under this section shall be re5 duced by the amount of collateral source compensa6 tion, if any, that the plaintiff has received or is enti7 tled to receive that result or may result in loss to 

8 the manufacturer, distributor, or health care pro9 vider. 

10 ‘‘(4) GOVERNMENT CONTRACTOR DEFENSE.—

11 ‘‘(A) IN GENERAL.—Should a product li12 ability or other lawsuit be filed for claims aris13 ing out of, relating to, or resulting from the use 

14 of a qualified countermeasure, or qualified pan15 demic or epidemic technology in anticipation of 

16 and preparation for, in defense against or re17 sponse or recovery and such claims result or 

18 may result in loss to the manufacturer, dis19 tributor, or health care provider there shall be 

20 a rebuttable presumption that the government 

21 contractor defense applies in such lawsuit. This 

22 presumption shall only be overcome by evidence 

23 showing that the manufacturer, distributor or 

24 health care provider acted fraudulently or with 

25 willful misconduct. This presumption of the 
45

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1 government contractor defense shall apply re2 gardless of whether the claim against the manu3 facturer, distributor or health care provider 

4 arises from a sale of the product to Federal 

5 Government or non-Federal Government cus6 tomers. 

7 ‘‘(B) PRODUCT APPROVAL.—A defendant 

8 may assert the defense under subparagraph 

9 (A), if the qualified countermeasure or qualified 

10 pandemic or epidemic technology involved—

11 ‘‘(i) is approved or cleared under 

12 chapter V of the Federal Food, Drug, and 

13 Cosmetic Act or licensed under section 351 

14 of this Act; 

15 ‘‘(ii) is a countermeasure for which 

16 the Secretary determines that sufficient 

17 and satisfactory clinical experience or re18 search data (including data, if available, 

19 from pre-clinical and clinical trials) sup20 port a reasonable conclusion that the coun21 termeasure will qualify for approval or li22 censing within 8 years after the date of a 

23 determination under section 319F–2; or 
46

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1 ‘‘(iii) is authorized for emergency use 

2 under section 564 of the Federal Food, 

3 Drug, and Cosmetic Act. 

4 ‘‘(c) DEFINITIONS.—In this section: 

5 ‘‘(1) QUALIFIED PANDEMIC OR EPIDEMIC

6 TECHNOLOGY.—The term ‘qualified pandemic or epi7 demic technology’ means any product (including 

8 drugs, vaccines, and other biologics), equipment, 

9 service (including support services), device, or tech10 nology (including information technology) designed, 

11 developed, modified, or procured for the specific pur12 pose of preventing, detecting, identifying, or pre13 venting a pandemic or epidemic or limiting the harm 

14 such pandemic or epidemic might otherwise cause, 

15 that is designated as such by the Secretary after the 

16 Secretary declares a public health emergency as de17 scribed in section 319. 

18 ‘‘(2) HEALTH CARE PROVIDER.—The term 

19 ‘health care provider’ means a person who lawfully 

20 prescribes, administers, or provide a facility to ad21 minister a qualified countermeasure or a qualified 

22 pandemic or epidemic technology. 

23 ‘‘(3) LOSS.—The term ‘loss’ means death, bod24 ily injury, or loss of or damage to property, includ25 ing business interruption loss. 
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1 ‘‘(4) NON-FEDERAL GOVERNMENT CUS2 TOMERS.—The term ‘non-Federal Government cus3 tomers’ means any customer of a manufacturer that 

4 is not an agency or instrumentality of the United 

5 States Government with authority under Public Law 

6 85–804 to provide for indemnification under certain 

7 circumstances for third-party claims against its con8 tractors, including but not limited to State and local 

9 authorities and private entities.’’. 

10 CHAPTER 2—VACCINE INJURY 

11 COMPENSATION PROGRAM 

12 SEC. 141. VACCINE INJURY COMPENSATION AND VACCINE 

13 LITIGATION REFORM. 

14 (a) FINDINGS.—Congress finds that—

15 (1) there are shortcomings in the Vaccine In16 jury Compensation Program and loopholes in that 

17 program that have been exploited in a manner that 

18 has contributed to a decline in the availability of 

19 vaccines generally in the United States and a decline 

20 in the number of manufacturers able to supply vac21 cines; and 

22 (2) the condition described in paragraph (1) 

23 presents a barrier to the development of vaccines 

24 needed for bioterror countermeasures. 
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1 (b) RECOMMENDATIONS.—After considering recent 

2 changes in the litigation environment with respect to vac3 cines as well as recent scientific evidence and reports by 

4 the Institute of Medicine and others with respect to the 

5 safety of vaccines and their components and ingredients, 

6 the Secretary of Health and Human Services and the At7 torney General shall, not later than 6 months after the 

8 date of enactment of this Act, jointly submit recommenda9 tions to the appropriate committees of Congress con10 cerning necessary modifications to the Vaccine Injury 

11 Compensation Program and Federal rules regarding liti12 gation involving vaccines. 

13 SEC. 142. MODIFICATIONS TO VACCINES FOR CHILDREN 

14 PROGRAM. 

15 (a) EXPANSION OF DEFINITION OF FEDERALLY VAC16 CINE-ELIGIBLE CHILD.—Section 1928(b)(2)(A)(iii) of the 

17 Social Security Act (42 U.S.C.1396s(b)(2)(A)(iii)) is 

18 amended to read as follows: 

19 ‘‘(iii) A child who (I) is administered 

20 a qualified pediatric vaccine by a federally21 qualified health center (as defined in sec22 tion 1905(l)(2)(B)), a rural health clinic 

23 (as defined in section 1905(l)(1)), or a 

24 State or local public health clinic, and (II) 
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1 is not insured with respect to the vac2 cine.’’. 

3 (b) REPEAL OF PRICE CAP FOR PRE-1983 VAC4 CINES.—

5 (1) IN GENERAL.—Section 1928(d)(3)(E) of 

6 such Act (42 U.S.C.1396s(d)(3)(B)) is repealed. 

7 (2) CONFORMING AMENDMENT.—Section 

8 1928(d)(3) of such Act (42 U.S.C. 1396s(d)(3)) is 

9 amended by re-designating subparagraph (C) as sub10 paragraph (B). 

11 (c) SIMPLIFIED ADMINISTRATION OF VACCINE SUP12 PLY.—Section 1928(d)(6) of such Act (42 U.S.C. 

13 1396s(d)(6)) is amended by inserting before the last sen14 tence the following: ‘‘The Secretary may sell such quan15 tities of vaccines from such supply as the Secretary deter16 mines appropriate. Proceeds received from such sales shall 

17 be available to the Secretary only for the purposes of pro18 curing pediatric vaccine stockpiles under this section and 

19 shall remain available until expended.’’. 
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1 CHAPTER 3—ENCOURAGING VACCINE 

2 AND COUNTERMEASURE PRODUCTION 

3 CAPACITY 

4 SEC. 151. INCENTIVES FOR THE CONSTRUCTION OF VAC5 CINE AND COUNTERMEASURE MANUFAC6 TURING FACILITIES. 

7 (a) VACCINE AND COUNTERMEASURES MANUFAC8 TURING FACILITIES INVESTMENT TAX CREDIT.—

9 (1) ALLOWANCE OF CREDIT.—Section 46 of the 

10 Internal Revenue Code of 1986 (relating to amount 

11 of investment credit) is amended by striking ‘‘and’’ 

12 at the end of paragraph (1), by striking the period 

13 at the end of paragraph (2) and inserting ‘‘, and’’, 

14 and by adding at the end the following new para15 graph: 

16 ‘‘(3) the vaccine and countermeasures manufac17 turing facilities investment credit.’’. 

18 (2) AMOUNT OF CREDIT.—Section 48 of such 

19 Code is amended by adding at the end the following 

20 new subsection: 

21 ‘‘(c) VACCINE AND COUNTERMEASURES MANUFAC22 TURING FACILITIES INVESTMENT CREDIT.—

23 ‘‘(1) IN GENERAL.—For purposes of section 46, 

24 the vaccine and countermeasures manufacturing fa25 cilities investment credit for any taxable year is an 
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1 amount equal to 20 percent of the qualified invest2 ment for such taxable year. 

3 ‘‘(2) QUALIFIED INVESTMENT.—For purposes 

4 of paragraph (1), the qualified investment for any 

5 taxable year is the basis of each vaccine manufac6 turing facilities property placed in service by the tax7 payer during such taxable year. 

8 ‘‘(3) VACCINE OR COUNTERMEASURES MANU9 FACTURING FACILITIES PROPERTY.—For purposes 

10 of this subsection, the term ‘vaccine or counter11 measures manufacturing facilities property’ means 

12 real and tangible personal property—

13 ‘‘(A)(i) the original use of which com14 mences with the taxpayer, or 

15 ‘‘(ii) which is acquired through purchase 

16 (as defined by section 179(d)(2)), 

17 ‘‘(B) which is depreciable under section 

18 167, 

19 ‘‘(C) which is used for the manufacture, 

20 distribution, or research and development of 

21 vaccines or qualified countermeasures (as such 

22 term is defined in section 319F–1 of the Public 

23 Health Service Act), and 

24 ‘‘(D) which is in compliance with any 

25 standards and regulations which are promul-
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1 gated by the Food and Drug Administration, 

2 the Occupational Safety and Health Adminis3 tration, or the Environmental Protection Agen4 cy and which are applicable to such property. 

5 ‘‘(4) CERTAIN PROGRESS EXPENDITURE RULES

6 MADE APPLICABLE.—Rules similar to rules of sub7 sections (c)(4) and (d) of section 46 (as in effect on 

8 the day before the date of the enactment of the Rev9 enue Reconciliation Act of 1990) shall apply for pur10 poses of this subsection. 

11 ‘‘(5) TERMINATION.—This subsection shall not 

12 apply to any property placed in service after Decem13 ber 31, 2009.’’. 

14 (b) TECHNICAL AMENDMENTS.—

15 (1) Subparagraph (C) of section 49(a)(1) of 

16 such Code is amended by striking ‘‘and’’ at the end 

17 of clause (ii), by striking the period at the end of 

18 clause (iii) and inserting ‘‘, and’’, and by adding at 

19 the end the following new clause: 

20 ‘‘(iv) the basis of any vaccine or coun21 termeasures manufacturing facilities prop22 erty.’’. 

23 (2) Subparagraph (E) of section 50(a)(2) of 

24 such Code is amended by inserting ‘‘or 48(c)(4)’’ be25 fore the period. 
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1 (3)(A) The section heading for section 48 of 

2 such Code is amended to read as follows: 

3 ‘‘SEC. 48. OTHER CREDITS.’’. 

4 (B) The table of sections for subpart E of part 

5 IV of subchapter A of chapter 1 of such Code is 

6 amended by striking the item relating to section 48 

7 and inserting the following:

‘‘Sec. 48. Other credits.’’.

8 (c) EFFECTIVE DATE.—The amendments made by 

9 this section shall apply to property placed in service after 

10 December 31, 2004, under rules similar to the rules of 

11 section 48(m) of the Internal Revenue Code of 1986 (as 

12 in effect on the day before the date of enactment of the 

13 Revenue Reconciliation Act of 1990). 

14 SEC. 152. CREDIT FOR MEDICAL RESEARCH RELATED TO 

15 DEVELOPING VACCINES OR COUNTER16 MEASURES. 

17 (a) IN GENERAL.—Subpart D of part IV of sub18 chapter A of chapter 1 of the Internal Revenue Code of 

19 1986 (relating to business-related credits), as amended by 

20 this Act, is amended by adding at the end the following 

21 new section: 
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•S 3 IS 

1 ‘‘SEC. 45L. CREDIT FOR MEDICAL RESEARCH RELATED TO 

2 DEVELOPING VACCINES OR COUNTER3 MEASURES. 

4 ‘‘(a) GENERAL RULE.—For purposes of section 38, 

5 the vaccine research credit determined under this section 

6 for the taxable year is an amount equal to 35 percent of 

7 the qualified vaccine or countermeasures research ex8 penses for the taxable year. 

9 ‘‘(b) QUALIFIED VACCINE OR COUNTERMEASURES

10 RESEARCH EXPENSES.—For purposes of this section—

11 ‘‘(1) QUALIFIED VACCINE OR COUNTER12 MEASURES RESEARCH EXPENSES.—Except as other13 wise provided in this subsection, the term ‘qualified 

14 vaccine or countermeasures research expenses’ 

15 means the amounts which are paid or incurred by 

16 the taxpayer during the taxable year with respect to 

17 any research and development of vaccines or quali18 fied countermeasures (as such term is defined in sec19 tion 319F–1 of the Public Health Service Act) which 

20 would be described in subsection (b) of section 41 if 

21 such subsection were applied with the modifications 

22 set forth in paragraph (2). 

23 ‘‘(2) MODIFICATIONS; INCREASED INCENTIVE

24 FOR CONTRACT RESEARCH PAYMENTS.—For pur25 poses of paragraph (1), subsection (b) of section 41 

26 shall be applied—
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•S 3 IS 

1 ‘‘(A) by substituting ‘qualified vaccine re2 search’ for ‘qualified research’ each place it ap3 pears in paragraphs (2) and (3) of such sub4 section, 

5 ‘‘(B) by substituting ‘100 percent’ for ‘65 

6 percent’ in paragraph (3)(A) of such sub7 section, and 

8 ‘‘(C) in a manner so that qualified re9 search and development expenses include ex10 penses related to re-formulating existing vac11 cines. 

12 ‘‘(3) EXCLUSION FOR AMOUNTS FUNDED BY

13 GRANTS, ETC.—The term ‘qualified vaccine research 

14 expenses’ shall not include any amount to the extent 

15 such amount is funded by any grant, contract, or 

16 otherwise by another person (or any governmental 

17 entity). 

18 ‘‘(c) COORDINATION WITH CREDIT FOR INCREASING

19 RESEARCH EXPENDITURES.—

20 ‘‘(1) IN GENERAL.—Except as provided in para21 graph (2), any qualified vaccine or countermeasures 

22 research expenses for a taxable year to which an 

23 election under this section applies shall not be taken 

24 into account for purposes of determining the credit 

25 allowable under section 41 for such taxable year. 
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1 ‘‘(2) EXPENSES INCLUDED IN DETERMINING

2 BASE PERIOD RESEARCH EXPENSES.—Any qualified 

3 vaccine or countermeasures research expenses for 

4 any taxable year which are qualified research ex5 penses (within the meaning of section 41(b)) shall be 

6 taken into account in determining base period re7 search expenses for purposes of applying section 41 

8 to subsequent taxable years. 

9 ‘‘(d) SPECIAL RULES.—

10 ‘‘(1) CERTAIN RULES MADE APPLICABLE.—

11 Rules similar to the rules of paragraphs (1) and (2) 

12 of section 41(f) shall apply for purposes of this sec13 tion. 

14 ‘‘(2) COORDINATION WITH CREDIT FOR CLIN15 ICAL TESTING EXPENSES FOR CERTAIN DRUGS FOR

16 RARE DISEASES.—Any qualified vaccine or counter17 measures research expense for a taxable year shall 

18 not be taken into account for purposes of deter19 mining the credit allowable under section 45C for 

20 such taxable year. 

21 ‘‘(3) COORDINATION WITH CREDIT FOR COUN22 TERMEASURES RESEARCH.—Any qualified vaccine or 

23 countermeasures research expense for a taxable year 

24 shall not be taken into account for purposes of de-
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1 termining the credit allowable under section 45K for 

2 such taxable year.’’. 

3 (b) INCLUSION IN GENERAL BUSINESS CREDIT.—

4 Section 38(b) of the Internal Revenue Code of 1986, as 

5 amended by this Act, is amended by striking ‘‘plus’’ at 

6 the end of paragraph (21), by striking the period at the 

7 end of paragraph (22) and inserting ‘‘, plus’’, and by add8 ing at the end the following new paragraph: 

9 ‘‘(23) the vaccine or countermeasures research 

10 credit determined under section 45L.’’.

11 (c) DENIAL OF DOUBLE BENEFIT.—Section 280C of 

12 the Internal Revenue Code of 1986 (relating to certain 

13 expenses for which credits are allowable), as amended by 

14 this Act, is amended by adding at the end the following 

15 new subsection: 

16 ‘‘(g) CREDIT FOR QUALIFIED VACCINE OR COUNTER17 MEASURES RESEARCH EXPENSES.—

18 ‘‘(1) IN GENERAL.—No deduction shall be al19 lowed for that portion of the qualified vaccine or 

20 countermeasures research expenses (as defined in 

21 section 45L(b)) otherwise allowable as a deduction 

22 for the taxable year which is equal to the amount of 

23 the credit determined for such taxable year under 

24 section 45L(a). 
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1 ‘‘(2) CERTAIN RULES TO APPLY.—Rules similar 

2 to the rules of paragraphs (2), (3), and (4) of sub3 section (c) shall apply for purposes of this sub4 section.’’. 

5 (d) DEDUCTION FOR UNUSED PORTION OF CRED6 IT.—Section 196(c) of the Internal Revenue Code of 1986 

7 (defining qualified business credits), as amended by this 

8 Act, is amended by striking ‘‘and’’ at the end of paragraph 

9 (14), by striking the period at the end of paragraph (15) 

10 and inserting ‘‘, and’’, and by adding at the end the fol11 lowing new paragraph: 

12 ‘‘(16) the vaccine or countermeasures research 

13 credit determined under section 45L(a) (other than 

14 such credit determined under the rules of section 

15 280C(g)(2)).’’. 

16 (e) TECHNICAL AMENDMENT.—The table of sections 

17 for subpart D of part IV of subchapter A of chapter 1 

18 of the Internal Revenue Code of 1986, as amended by this 

19 Act, is amended by adding at the end the following new 

20 item:

‘‘Sec. 45L. Credit for medical research related to developing vaccines or countermeasures.’’.

21 (f) EFFECTIVE DATE.—The amendments made by 

22 this section shall apply to taxable years beginning after 

23 December 31, 2004. 
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1 SEC. 153. GRANTS TO CONSTRUCT AND IMPROVE RE2 SEARCH AND DEVELOPMENT AND MANUFAC3 TURING OF COUNTERMEASURES OR VAC4 CINES. 

5 Part B of title III of the Public Health Service Act 

6 is amended by inserting after section 519K (as added by 

7 section 115) the following: 

8 ‘‘SEC. 319L. GRANTS TO CONSTRUCT AND IMPROVE RE9 SEARCH AND DEVELOPMENT AND MANUFAC10 TURING OF COUNTERMEASURES OR VAC11 CINES. 

12 ‘‘(a) IN GENERAL.—The Secretary may award grants 

13 to a manufacturer to purchase or improve real property 

14 and tangible personal property used in the research and 

15 development, manufacture, or distribution of a counter16 measure or vaccine. 

17 ‘‘(b) ELIGIBILITY.—To be eligible to receive a grant 

18 under subsection (a), a manufacturer shall submit to the 

19 Secretary an application at such time, in such manner, 

20 and containing such information as the Secretary may re21 quire, including—

22 ‘‘(1) a detailed description of the equipment, fa23 cility, or property involved; 

24 ‘‘(2) a detailed description of the counter25 measure or vaccine involved; 
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1 ‘‘(3) a detailed description of the research and 

2 development, manufacturer, or distribution involved; 

3 ‘‘(4) a description of how such equipment, facil4 ity, or property is to be used; 

5 ‘‘(5) a description of whether such equipment, 

6 facility, or property can be used for the research and 

7 development, manufacture, or distribution of a drug, 

8 biological product, vaccine, medical device or other 

9 countermeasure not described in paragraph (2); and 

10 ‘‘(6) a certification that the equipment, facility, 

11 or property involved complies with all applicable 

12 Federal, State, and local laws. 

13 ‘‘(c) RECAPTURE.—If, at any time prior to the expi14 ration of the 20-year period beginning on the date on 

15 which a grant is awarded under this section, the equip16 ment, facility, or property involved shall cease to be used 

17 for the purposes for which the grant was awarded, the 

18 United States shall be entitled to recover from the manu19 facturer an amount bearing the same ratio to the current 

20 value of the facility (at the time of the determination) as 

21 the amount the grant bore to the total cost of the purchase 

22 or improvement involved. Such current value may be de23 termined by agreement of the manufacturer and the Sec24 retary or by order of the United States District Court for 

25 the district in which such facility is situated. The Sec-
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1 retary may not recapture the equipment, facility, or prop2 erty, in accordance with regulations, if the Secretary de3 termines there is good cause for the failure of proper use. 

4 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 

5 is authorized to be appropriated, such sums as may be 

6 necessary to carry out this section.’’. 

7 SEC. 154. REVENUE RECOGNITION FOR ADULT AND PEDI8 ATRIC VACCINES AND OTHER COUNTER9 MEASURES AGAINST POTENTIAL ACTS OF 

10 TERRORISM. 

11 Notwithstanding any other Federal or State law (in12 cluding general accounting guidelines of the Securities and 

13 Exchange Commission), the revenue derived under a Fed14 eral Government contract from the stockpiling, holding, 

15 storing, rotating, or other management of an inventory of 

16 vaccines or countermeasures shall be deemed as income 

17 to the manufacturer or other legal entity at the time such 

18 manufacturer or entity receives such revenue, except for 

19 any revenue credited back or returned to such agency or 

20 for inventories subsequently sold by such manufacturer or 

21 entity to a third party. 
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1 Subtitle C—Public Health 

2 Preparedness 

3 CHAPTER 1—CAPACITY TO RESPOND 

4 SEC. 171. PANDEMIC INFLUENZA PREPAREDNESS AND RE5 SPONSE PLAN. 

6 (a) IN GENERAL.—In implementing out the Pan7 demic Influenza Preparedness and Response Plan of the 

8 Centers for Disease Control and Prevention, the Secretary 

9 of Health and Human Services (referred to in this section 

10 as the ‘‘Secretary’’) shall ensure funding for the following 

11 activities: 

12 (1) RESEARCH.—The Secretary shall provide 

13 funding to carry out research to develop improved 

14 influenza vaccines. 

15 (2) EDUCATION AND OUTREACH.—The Sec16 retary shall carry out activities to increase public 

17 awareness on the need to be vaccinated, particularly 

18 in priority or high-risk populations. 

19 (3) SURVEILLANCE.—The Secretary shall—

20 (A) carry out activities to improve inter21 national and State influenza surveillance capac22 ity; 

23 (B) conduct influenza vaccine safety and 

24 efficacy data collection; and 
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1 (C) provide for the conduct of epidemiolog2 ical studies and research concerning novel influ3 enza viruses. 

4 (4) IMPROVE COMMUNICATION.—In the case of 

5 a vaccine production delay or shortage or an influ6 enza pandemic or epidemic, the Secretary shall—

7 (A) identify those priority sub-groups that 

8 should be vaccinated first; 

9 (B) provide the information determined 

10 under subparagraph (A) to State and local 

11 health department; and 

12 (C) identify which priority sub-group each 

13 State or local health department should have 

14 responsibility for vaccinating. 

15 (b) DIRECT DISTRIBUTION.—Notwithstanding any 

16 other provision of law, if the Secretary determines that 

17 an influence pandemic or epidemic has occurred, or is im18 minent, the Secretary shall have the authority to—

19 (1) determine which health care providers 

20 should receive priority in the allotment of influenza 

21 vaccine; and 

22 (2) require manufactures or distributors of such 

23 vaccine to provide such vaccine to the providers 

24 identified under paragraph (1). 
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1 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated to carry out this section, 

3 $100,000,000 for fiscal year 2006, and such sums as may 

4 be necessary for each of fiscal years 2007 through 2011. 

5 SEC. 172. NATIONAL NOTIFIABLE DISEASE SURVEILLANCE 

6 PROGRAM. 

7 Part B of title III of the Public Health Service Act 

8 (42 U.S.C. 243 et seq.) is amended—

9 (1) by striking section 314; and 

10 (2) by inserting after section 311, the following: 

11 ‘‘SEC. 311A. NATIONAL NOTIFIABLE DISEASE SURVEIL12 LANCE PROGRAM. 

13 ‘‘(a) IN GENERAL.—The Secretary is authorized to 

14 develop a real-time surveillance program for collecting and 

15 reporting information on notifiable diseases and condi16 tions. 

17 ‘‘(b) NOTIFIABLE DISEASES.—Not later than 180 

18 days after the date of enactment of the Public Health Se19 curity Act of 2005, and annually thereafter, the Secretary, 

20 in consultation with State and local health authorities and 

21 appropriate private professional societies, shall certify a 

22 list of infectious diseases, environmental exposures or poi23 sons, and other conditions, the real-time surveillance and 

24 control of which, in each State and territory of the United 

25 States, constitute a critical public health need. For pur-
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1 poses of this part, the term ‘notifiable disease’ means a 

2 disease, exposures or poison, or other condition that ap3 pears on the list under this section. 

4 ‘‘(c) FEDERAL INFORMATICS ACTIVITIES.—

5 ‘‘(1) IN GENERAL.—In order to meet the urgent 

6 need for critical electronic surveillance of notifiable 

7 diseases, the Director of the Centers for Disease 

8 Control and Prevention, in consultation with State 

9 and local health authorities, shall, not later than 1 

10 year after the date of enactment of the Public 

11 Health Security Act of 2005, establish and maintain 

12 a national electronic surveillance program that in13 cludes the following components: 

14 ‘‘(A) Procedures to provide for the collec15 tion (in a standardized form) and analysis of 

16 data on all notifiable diseases and on certain 

17 other conditions that States or regions elect to 

18 report to the program. 

19 ‘‘(B) A procedure to enable all major pub20 lic and private clinical laboratories to automati21 cally report data, in compliance with the regula22 tions promulgated under section 264(c) of the 

23 Health Insurance Portability and Accountability 

24 Act of 1996, to the program concerning 

25 notifiable diseases, antimicrobial resistance test-
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1 ing, and other data determined appropriate by 

2 the Director. 

3 ‘‘(C) A procedure to provide for syndromic 

4 and disease-specific surveillance by monitoring, 

5 in compliance with the regulations promulgated 

6 under section 264(c) of the Health Insurance 

7 Portability and Accountability Act of 1996, of 

8 private sector health-related electronic data 

9 (such as pharmaceutical purchase data and 

10 health insurance claims data). 

11 ‘‘(D) A procedure to enable States to re12 port data on suspicious cases of conditions that 

13 are not on the notifiable disease list but that 

14 may warrant further investigation. 

15 ‘‘(E) A procedure to enable the program to 

16 automatically identify certain trends and sus17 picious patterns with respect to data reported 

18 to the program. 

19 ‘‘(F) A procedure to enable the program to 

20 provide regular reports to regional, State, and 

21 local government entities concerning disease 

22 trends, suspicious disease patterns, incidence 

23 and prevalence of diseases, laboratory data, and 

24 other information determined appropriate. Such 
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1 information shall include data on comparative 

2 national disease trends. 

3 ‘‘(G) A procedure to enable the program to 

4 collect and analyze data from certain seminal 

5 veterinary and environmental sources where ap6 propriate. 

7 ‘‘(H) A procedure to enable the program to 

8 export data in a form appropriate for aggrega9 tion, statistical analysis, and reporting. 

10 ‘‘(I) A procedure to enable the program to 

11 receive and report data relating to non12 notifiable diseases, including vital records, reg13 istries, chronic disease, and maternal and child 

14 health data. 

15 ‘‘(2) TIMELINESS OF REPORTING.—The proce16 dures developed under paragraph (1) for the report17 ing of data shall ensure that such data are reported 

18 in a timely manner. 

19 ‘‘(3) PRIVATE SECTOR RESOURCES.—To meet 

20 the deadline described in paragraph (1), the Director 

21 of the Centers for Disease Control and Prevention 

22 may, on a temporary or permanent basis, implement 

23 systems or products developed by the private sector. 

24 ‘‘(4) AUTHORITY FOR CONTRACTS.—In carrying 

25 out this subsection, the Director of the Centers for 
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1 Disease Control and Prevention may enter into con2 tracts with public and private entities. 

3 ‘‘(d) NATIONAL BIOINTELLIGENCE UNIT.—The Di4 rector of the Centers for Disease Control and Prevention 

5 shall analyze data maintained by the national electronic 

6 surveillance program under subsection (b), and data from 

7 other sources, to report on the prevalence and incidence 

8 of notifiable diseases and conditions, trends and patterns 

9 in public health, emerging health problems, regional dif10 ferences, and other analyses determined appropriate by 

11 the Director of the Centers for Disease Control and Pre12 vention. 

13 ‘‘(e) FEDERAL TECHNICAL ASSISTANCE, COMMU14 NICATION, AND COORDINATION.—

15 ‘‘(1) IN GENERAL.—In carrying out this sec16 tion, the Secretary shall provide technical assistance 

17 to, and provide for appropriate communications to 

18 the public, scientific, public health and medical com19 munities, and other key stakeholders, and to provide 

20 for the coordination of the activities of—

21 ‘‘(A) State and local health authorities to 

22 integrate State and local surveillance activities 

23 and systems with the national notifiable disease 

24 surveillance program developed under this sec25 tion and to generally improve State and local 
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1 notifiable disease reporting and communica2 tions; and 

3 ‘‘(B) private corporations, professional as4 sociations, or other entities that may have 

5 sources of surveillance data or access to health 

6 care providers, health officials, or other individ7 uals who would need to participate in a surveil8 lance program. 

9 ‘‘(2) FINANCIAL ASSISTANCE.—Assistance pro10 vided under paragraph (1)(B) may include financial 

11 assistance for the purpose of formatting or trans12 lating data into a form that is most compatible and 

13 appropriate for use in the national notifiable disease 

14 surveillance program developed under this section. 

15 ‘‘(3) HEALTH ALERT REGISTRATION AND IN16 FORMATION.—

17 ‘‘(A) REGISTRATION.—Each health care 

18 provider and facility that receives funds under 

19 title XVIII of the Social Security Act (42 

20 U.S.C. 1395 et seq.) or that receives funds 

21 under a State program under title XIX of such 

22 Act (42 U.S.C. 1396 et seq.) shall annually 

23 submit to the Secretary a registration that con24 tains the e-mail address or fax number of the 

25 provider or facility for purposes of enabling the 
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1 Secretary to provide health alerts in the case of 

2 a public health emergency or other cir3 cumstance requiring active surveillance. 

4 ‘‘(B) ESTABLISHMENT OF SYSTEM.—The 

5 Secretary shall establish a system to maintain 

6 the information provided by providers and fa7 cilities under subparagraph (A). Such system 

8 shall be designed—

9 ‘‘(i) to enable providers and facili10 ties—

11 ‘‘(I) to provide and update infor12 mation contained in the system; and 

13 ‘‘(II) to request information or to 

14 elect to receive additional types of 

15 non-emergency health alerts or com16 munications; and 

17 ‘‘(ii) to enable the Director of the 

18 Centers for Disease Control and Preven19 tion to provide updated contact informa20 tion for providers and facilities to State 

21 and local health authorities for the purpose 

22 of emergency health communications. 

23 ‘‘(f) GRANTS TO STATES FOR DISEASE REPORT24 ING.—
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1 ‘‘(1) GRANTS.—The Secretary shall award 

2 grants to States to enable such States to conduct 

3 passive, active, and when appropriate syndromic sur4 veillance, and timely reporting activities with respect 

5 to notifiable diseases. 

6 ‘‘(2) ELIGIBILITY.—To be eligible to receive a 

7 grant under paragraph (1), a State shall prepare 

8 and submit to the Secretary an application at such 

9 time, in such manner, and containing such informa10 tion as the Secretary may require, including—

11 ‘‘(A) a description of the manner in which 

12 grants funds will be used to enhance the timeli13 ness and comprehensiveness of the State’s ef14 fort to report notifiable diseases to the program 

15 under subsection (c); and 

16 ‘‘(B) a plan for identifying and reporting 

17 to the Secretary the identity of health care pro18 viders and facilities that consistently fail to re19 port to the State instances of notifiable diseases 

20 in a timely manner. 

21 ‘‘(3) ENHANCED GRANT.—In the case of a 

22 State that submits a plan, as part of the application 

23 under paragraph (2), to transition State and local 

24 reporting of notifiable diseases to an electronic sys25 tem that is compatible with the program under sub-
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1 section (c), the amount of the grant awarded to a 

2 State under paragraph (1) shall be increased by an 

3 amount determined by the Secretary to be necessary 

4 to complete such transition. 

5 ‘‘(4) SUPPLEMENT NOT SUPPLANT FUNDS FOR

6 ACTIVITIES.—A State shall use amounts received 

7 under a grant under this subsection to supplement 

8 and not supplant other funds made available by the 

9 State for the conduct of reporting activities with re10 spect to notifiable diseases. 

11 ‘‘(5) REDUCTION IN BLOCK GRANT FUNDING.—

12 For fiscal year beginning with fiscal year 2008, if 

13 the Secretary determines that a State is not report14 ing all notifiable diseases to the program established 

15 under subsection (c) in a timely manner through the 

16 use of an electronic system that is compatible with 

17 the program, the State shall not be eligible to receive 

18 a grant under part A of title XIX for such fiscal 

19 year. 

20 ‘‘(6) FAILURE TO REPORT.—A health care pro21 vider or facility shall not be eligible to receive funds 

22 under title XVIII of the Social Security Act (42 

23 U.S.C. 1395 et seq.) or under a State program 

24 under title XIX of such Act (42 U.S.C. 1396 et 

25 seq.) if the Secretary determines, based on a State 
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1 notification received under the plan described in 

2 paragraph (2)(B), that such provider or facility has 

3 consistently failed to report, in a timely manner, in4 stances of notifiable diseases to the State for sub5 mission to the program under subsection (c). 

6 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 

7 are authorized to be appropriated such sums as may be 

8 necessary to carry out this section.’’. 

9 SEC. 173. ENHANCING CRITICAL CAPACITY FOR ILLNESS 

10 DETECTION. 

11 Section 319C(c) of the Public Health Service Act (42 

12 U.S.C. 247d–3(c)) is amended—

13 (1) in paragraph (3), by striking ‘‘and’’ at the 

14 end; 

15 (2) in paragraph (4), by striking the period and 

16 inserting ‘‘; and’’; and 

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

18 ‘‘(5) develop benchmarks for meeting critical 

19 capacity for food or water borne disease detection 

20 and response.’’. 

21 SEC. 174. EVALUATION OF PUBLIC HEALTH CAPACITY OUT22 COMES. 

23 Section 319C–1(b) of the Public Health Service Act 

24 (42 U.S.C. 247d–3a(b)) is amended by adding at the end 

25 the following: 
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1 ‘‘(3) EVALUATION OF PUBLIC HEALTH CAPAC2 ITY OUTCOMES.—The Director of the Centers for 

3 Disease Control and Prevention shall enter into con4 tracts with independent entities for the periodic eval5 uation of the progress made by State and local gov6 ernments in meeting the benchmarks established in 

7 the plan under paragraph (1)(A)(ii)(V).’’. 

8 SEC. 175. NONIMMIGRANT HEALTH SCREENING. 

9 (a) PARITY IN SCREENING FOR NON-IMMIGRANTS.—

10 Section 212(a)(1) of the Immigration and Nationality Act 

11 (8 U.S.C. 1182(a)(1)) is amended by adding at the end 

12 the following: 

13 ‘‘(D) APPLICATION OF REGULATIONS.—

14 Determinations under subparagraph (A) shall 

15 be made based upon regulations promulgated by 

16 the Secretary of Health and Human Services 

17 under clause (i) of such subparagraph regard18 less of whether the alien involved is applying for 

19 permanent admission or for a visa for a stay of 

20 6 months or longer (including aliens seeking a 

21 temporary work visa or student visa). The 

22 health-related requirements under such regula23 tions shall be applied in the same manner to all 

24 such aliens.’’. 
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1 (b) PANEL PHYSICIAN QUALITY CONTROL.—Section 

2 361 of the Public Health Service Act (42 U.S.C. 264) is 

3 amended by adding at the end the following: 

4 ‘‘(f) Where the United States enters into agreements 

5 or contracts (or other arrangements) with physicians or 

6 other health care providers and laboratories in foreign na7 tions for the purpose of conducting health screening of 

8 aliens seeking temporary or permanent residence in the 

9 United States, the Secretary shall evaluate each such phy10 sician or provider on an annual basis to determine (and 

11 certify) that the physician or provider adequately complies 

12 with applicable regulations governing the medical screen13 ing of applicants for entry into the United States.’’. 

14 SEC. 176. INSPECTION, SCREENING, AND QUARANTINING 

15 OF LIVE ANIMALS. 

16 Section 362 of the Public Health Service Act (42 

17 U.S.C. 265) is amended by adding at the end the fol18 lowing: The Secretary shall establish procedures for the 

19 appropriate inspection, screening, and quarantine of live 

20 animals entering the United States for commercial pur21 poses, including procedures to protect domestic animal 

22 and human populations from diseases carried by imported 

23 live animals.’’. 
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1 SEC. 177. AUTHORITY TO PROCURE AIRCRAFT. 

2 Section 301 of the Public Health Service Act (42 

3 U.S.C. 241 et seq.) is amended by adding at the end the 

4 following: 

5 ‘‘(e) The Secretary may procure and maintain air6 craft for the purpose of transporting personnel, equip7 ment, biological or environmental specimens, or humans 

8 or animals requiring advanced biohazard protection in a 

9 timely fashion in the event of an outbreak of infectious 

10 disease or another public health emergency. In lieu of pro11 curing an aircraft under the preceding sentence, the Sec12 retary may enter into a contract for air transportation 

13 that achieves the purpose described in such sentence.’’. 

14 CHAPTER 2—PUBLIC HEALTH 

15 WORKFORCE 

16 SEC. 181. PUBLIC HEALTH WORKFORCE SCHOLARSHIP AND 

17 LOAN REPAYMENT PROGRAM. 

18 Part E of title VII of the Public Health Service Act 

19 (42 U.S.C. 294n et seq.) is amended by adding at the end 

20 the following: 

21 ‘‘Subpart 3—Public Health Workforce Scholarship 

22 and Loan Repayment Program 

23 ‘‘SEC. 780. PUBLIC HEALTH WORKFORCE LOAN REPAYMENT 

24 PROGRAM. 

25 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab26 lish the Public Health Workforce Loan Repayment Pro-
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1 gram (referred to in this section as the ‘Program’) to as2 sure an adequate supply of public health professionals to 

3 eliminate critical public health preparedness workforce 

4 shortages in Federal, State, local, and tribal public health 

5 agencies. 

6 ‘‘(b) ELIGIBILITY.—To be eligible to participate in 

7 the Program, an individual shall—

8 ‘‘(1)(A) be accepted for enrollment, or be en9 rolled, as a full-time or part-time student in an ac10 credited academic educational institution in a State 

11 or territory in the final year of a course of study or 

12 program offered by that institution leading to a 

13 health professions or medical degree or certificate, 

14 which may include a degree (graduate, under15 graduate, or associate) or certificate relating to pub16 lic health, laboratory sciences, or epidemiology; or 

17 ‘‘(B) have graduated, within 5 years, from an 

18 accredited educational institution in a State or terri19 tory and received a health professions or medical de20 gree (graduate, undergraduate, or associate) or cer21 tificate, which may include a degree (graduate, un22 dergraduate, or associate) or certificate relating, but 

23 not limited, to public health laboratory sciences, or 

24 epidemiology; 
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1 ‘‘(2)(A) in the case of an individual described in 

2 paragraph (1)(A)—

3 ‘‘(i) maintain satisfactory academic 

4 progress, as determined by the Secretary; and 

5 ‘‘(ii) have accepted employment with the 

6 National Institutes of Health, the Food and 

7 Drug Administration, the Centers for Disease 

8 Control and Prevention, or a State, local, or 

9 tribal public health agency, in a priority service 

10 area, as recognized by the Secretary, to com11 mence upon graduation; or 

12 ‘‘(B) in the case of an individual described in 

13 paragraph (1)(B), be employed by, or have accepted 

14 employment with, the National Institutes of Health, 

15 the Food and Drug Administration, the Centers for 

16 Disease Control and Prevention, or a State, local, or 

17 tribal public health agency, as recognized by the Sec18 retary; 

19 ‘‘(3) be a United States citizen; 

20 ‘‘(4) submit an application to the Secretary to 

21 participate in the Program; and 

22 ‘‘(5) sign and submit to the Secretary, at the 

23 time of the submittal of such application, a written 

24 contract (described in subsection (d)) to serve for 

25 the applicable period of obligated service in the full-
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1 time employment of the National Institutes of 

2 Health, the Food and Drug Administration, the 

3 Centers for Disease Control and Prevention, or a 

4 State, local, or tribal public health agency. 

5 ‘‘(c) DISSEMINATION OF INFORMATION.—

6 ‘‘(1) APPLICATION AND CONTRACT FORMS.—

7 The Secretary shall disseminate application forms 

8 and contract forms to individuals desiring to partici9 pate in the Program. The Secretary shall include 

10 with such forms—

11 ‘‘(A) a summary of the rights and obliga12 tions of an individual whose application is ap13 proved (and whose contract is accepted) by the 

14 Secretary, including in the summary a clear ex15 planation of the damages to which the United 

16 States is entitled to recover in the case of the 

17 individual’s breach of the contract; and 

18 ‘‘(B) information relating to the service ob19 ligation and such other information as may be 

20 necessary for the individual to understand the 

21 individual’s prospective participation in the Pro22 gram. 

23 ‘‘(2) INFORMATION FOR SCHOOLS.—The Sec24 retary shall distribute to health professions and 

25 medical schools and the National Institutes of 
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1 Health, the Food and Drug Administration, the 

2 Centers for Disease Control and Prevention, and rel3 evant State, local, and tribal public health agencies, 

4 materials providing information on the Program and 

5 shall encourage such schools, and agencies to dis6 seminate such materials to potentially eligible stu7 dents. 

8 ‘‘(d) CONTRACT.—The written contract (referred to 

9 in this section) between the Secretary and an individual 

10 shall contain—

11 ‘‘(1) an agreement on the part of the Secretary 

12 that the Secretary will repay on behalf of the indi13 vidual loans incurred by the individual in the pursuit 

14 of the relevant public health preparedness workforce 

15 educational degree or certificate in accordance with 

16 the terms of the contract; 

17 ‘‘(2) an agreement on the part of the individual 

18 that the individual will serve, immediately upon 

19 graduation in the case of an individual described in 

20 subsection (b)(1)(A) service, or in the case of an in21 dividual described in subsection (b)(1)(B) continue 

22 to serve, in the full-time employment of the National 

23 Institutes of Health, the Food and Drug Adminis24 tration, the Centers for Disease Control and Preven25 tion, or a State, local, or tribal public health agency 
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1 in a position related to the course of study or pro2 gram for which the contract was awarded for a pe3 riod of time (referred to in this section as the ‘period 

4 of obligated service’) equal to the greater of—

5 ‘‘(i) 3 years; or 

6 ‘‘(ii) such longer period of time as de7 termined appropriate by the Secretary and 

8 the individual; 

9 ‘‘(3) in the case of an individual described in 

10 subsection (b)(1)(A) who is in the final year of study 

11 and who has accepted employment with the National 

12 Institutes of Health, the Food and Drug Adminis13 tration, the Centers for Disease Control and Preven14 tion, or a State, local, or tribal public health agency 

15 upon graduation, an agreement on the part of the 

16 individual to complete the education or training, 

17 maintain a satisfactory acceptable level of academic 

18 standing (as determined by the Secretary), and 

19 agree to the period of obligated service; 

20 ‘‘(4) a provision that any financial obligation of 

21 the United States arising out of a contract entered 

22 into under this section and any obligation of the in23 dividual that is conditioned thereon, is contingent on 

24 funds being appropriated for loan repayments under 

25 this section; 
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1 ‘‘(5) a statement of the damages to which the 

2 United States is entitled, under this section for the 

3 individual’s breach of the contract; and 

4 ‘‘(6) such other statements of the rights and 

5 obligations of the Secretary and of the individual, 

6 not inconsistent with this section. 

7 ‘‘(e) PAYMENTS.—

8 ‘‘(1) IN GENERAL.—A loan repayment provided 

9 for an individual under a written contract under the 

10 Program shall consist of payment, in accordance 

11 with paragraph (2), on behalf of the individual of 

12 the principal, interest, and related expenses on gov13 ernment and commercial loans received by the indi14 vidual regarding the undergraduate or graduate edu15 cation of the individual (or both), which loans were 

16 made for—

17 ‘‘(A) tuition expenses; or 

18 ‘‘(B) all other reasonable educational ex19 penses, including fees, books, and laboratory ex20 penses, incurred by the individual. 

21 ‘‘(2) PAYMENTS FOR YEARS SERVED.—

22 ‘‘(A) IN GENERAL.—For each year of obli23 gated service that an individual contracts to 

24 serve under subsection (d) the Secretary may 

25 pay up to $35,000 on behalf of the individual 
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1 for loans described in paragraph (1). With re2 spect to participants under the Program whose 

3 total eligible loans are less than $105,000, the 

4 Secretary shall pay an amount that does not exceed 1 5 ⁄3 of the eligible loan balance for each 

6 year of obligated service of the individual. 

7 ‘‘(B) REPAYMENT SCHEDULE.—Any ar8 rangement made by the Secretary for the mak9 ing of loan repayments in accordance with this 

10 subsection shall provide that any repayments 

11 for a year of obligated service shall be made no 

12 later than the end of the fiscal year in which 

13 the individual completes such year of service. 

14 ‘‘(3) TAX LIABILITY.—For the purpose of pro15 viding reimbursements for tax liability resulting 

16 from payments under paragraph (2) on behalf of an 

17 individual—

18 ‘‘(A) the Secretary shall, in addition to 

19 such payments, make payments to the indi20 vidual in an amount not to exceed 39 percent 

21 of the total amount of loan repayments made 

22 for the taxable year involved; and 

23 ‘‘(B) may make such additional payments 

24 as the Secretary determines to be appropriate 

25 with respect to such purpose. 
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1 ‘‘(4) PAYMENT SCHEDULE.—The Secretary 

2 may enter into an agreement with the holder of any 

3 loan for which payments are made under the Pro4 gram to establish a schedule for the making of such 

5 payments. 

6 ‘‘(f) POSTPONING OBLIGATED SERVICE.—With re7 spect to an individual receiving a degree or certificate that 

8 may require an internship, residency, or other relevant 

9 public health preparedness advance training program, the 

10 date of the initiation of the period of obligated service may 

11 be postponed, upon the submission by the individual of 

12 a petition for such postponement and approval by the Sec13 retary, to the date on which the individual completes an 

14 approved internship, residency, or other relevant public 

15 health preparedness advanced training program. 

16 ‘‘(g) ADMINISTRATIVE PROVISIONS.—

17 ‘‘(1) HIRING PRIORITY.—Notwithstanding any 

18 other provision of law, Federal, State, local, and 

19 tribal public health agencies may give hiring priority 

20 to any individual who has qualified for and is willing 

21 to execute a contract to participate in the Program. 

22 ‘‘(2) EMPLOYMENT CEILINGS.—Notwith23 standing any other provision of law, individuals who 

24 have entered into written contracts with the Sec25 retary under this section, who are serving as full-
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1 time employees of a State or local public health 

2 agency, or who are in the last year of public health

3 workforce academic preparation, shall not be count4 ed against any employment ceiling affecting the De5 partment or any other Federal agency. 

6 ‘‘(h) BREACH OF CONTRACT.—An individual who 

7 fails to comply with the contract entered into under sub8 section (d) shall be subject to the same financial penalties 

9 as provided for under section 338E for breaches of loan 

10 repayment contracts under section 338B. 

11 ‘‘SEC. 781. AUTHORIZATION OF APPROPRIATIONS. 

12 ‘‘For the purpose of carrying out section 780, there 

13 is authorized to be appropriated such sums as may be nec14 essary for each of fiscal years 2006 through 2010.’’. 

15 CHAPTER 3—PREPAREDNESS UPDATES 

16 SEC. 191. REPORT ON PREPAREDNESS. 

17 (a) IN GENERAL.—Not later than 3 months after the 

18 date of enactment of this Act, the Comptroller General 

19 of the United States shall provide for the conduct of a 

20 study to—

21 (1) review existing processes for determining 

22 and purchasing the appropriate drugs, vaccines and 

23 other biological products, medical devices, and other 

24 supplies of the strategic national stockpile, the main25 tenance of such drugs, vaccines and other biological 
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•S 3 IS 

1 products, medical devices, and other supplies, and 

2 the ability to deploy such drugs, vaccines and other 

3 biological products, medical devices, and other sup4 plies (including the distribution of the drugs, vac5 cines and other biological products, medical devices, 

6 and other supplies at the local level) in an emer7 gency situation; 

8 (2) review and assess the adequacy of existing 

9 State and local processes for disease monitoring and 

10 control (including activities related to monitoring 

11 diseases under BioWatch, BioSense, and other pro12 grams that have been initiated or expanded within 

13 the last 3 years); 

14 (3) review the existing ability of the health care 

15 community and its response to a mass casualty inci16 dents and other public health emergencies, including 

17 interactions between public health, health care, and 

18 law enforcement, knowledge and training, surge ca19 pacity, influence of the health care community in an 

20 urban versus rural setting, and other key compo21 nents of readiness of the health care community; 

22 (4) determine whether and to what extent ac23 tivities undertaken within the 3-year period ending 

24 on the date of the study have enhanced supply chain 

25 management of drugs, vaccines and other biological 
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•S 3 IS 

1 products, medical devices, and other supplies that 

2 are not included within the strategic national stock3 pile, including a specific review of supply chain man4 agement issues for the influenza vaccine as it relates 

5 to the 2004–2005 influenza season; 

6 (5) evaluate Federal activities primarily re7 lated—

8 (A) to research on, preparedness for, and 

9 the management of the public health and med10 ical consequences of a bioterrorist attack 

11 against the civilian population; and 

12 (B) the coordination of the activities de13 scribed in paragraph (1); 

14 (6) assess the progress of States in preparing 

15 for the public health and medical consequences of a 

16 potential bioterrorist attack against the civilian pop17 ulation; and 

18 (7) review the progress on the implementation 

19 of the National Preparedness Plan, as outlined in 

20 section 2801 of the Public Health Service Act, as 

21 well as the development of preparedness goals as 

22 outlined by such section. 

23 (b) REPORT.—Not later than 1 year after the date 

24 of enactment of this Act, the Comptroller General of the 

25 United States shall prepare and submit to the appropriate 
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1 committees of Congress, a report concerning the results 

2 of the study conducted under subsection (a). Such report 

3 shall include recommendations—

4 (1) to improve the activities described in sub5 section (a)(1); 

6 (2) to improve the effectiveness of the activities 

7 described in subsection (a)(2); 

8 (3) to improve the capacity of the health care 

9 community to respond under the circumstances de10 scribed in subsection (a)(3) to enhance the protec11 tion of the public health; 

12 (4) to improve the ability of the Secretary of 

13 Health and Human Services to carry out the activi14 ties described in subsection (a)(4) in the future. 

15 (5) to improve the effectiveness of the activities 

16 described in subsection (a)(5); 

17 (6) to improve the effectiveness of the activities 

18 described in subsection (a)(6), including potentials 

19 for and barriers to interstate collaborations; and 

20 (7) to improve the activities described in sub21 section (a)(7). 

22 SEC. 192. ENHANCING GLOBAL RESPONSE CAPABILITIES. 

23 It is the sense of the Senate that, in order to effec24 tively combat bioterrorism and prevent against the spread 

25 of deadly infectious disease, the United States should en-
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•S 3 IS 

1 hance cooperation with global and regional organizations, 

2 as well as cooperation with other countries, and should 

3 establish, enhance, and intensify a wide range of global 

4 activities to help prevent, detect, and contain infectious 

5 disease outbreaks and bioterrorism attacks. 

6 TITLE II—INCREASED BENEFITS 

7 FOR FAMILIES OF DECEASED 

8 MEMBERS OF THE ARMED 

9 FORCES. 

10 SEC. 201. INCREASE IN DEATH GRATUITY PAYABLE WITH 

11 RESPECT TO DEATHS OF MEMBERS OF THE 

12 ARMED FORCES FROM COMBAT-RELATED 

13 CAUSES OR FROM SERVICE IN OPERATION 

14 ENDURING FREEDOM OR IRAQI FREEDOM. 

15 (a) INCREASED AMOUNT.—Section 1478 of title 10, 

16 United States Code, is amended—

17 (1) in subsection (a), by inserting ‘‘, except as 

18 provided in subsection (c)’’ after ‘‘$12,000’’; 

19 (2) by redesignating subsection (c) as sub20 section (d); and 

21 (3) by inserting after subsection (b) the fol22 lowing new subsection (c): 

23 ‘‘(c) The death gratuity payable under sections 1475 

24 through 1477 of this title is $100,000 (as adjusted under 
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1 subsection (d)) in the case of a death resulting from 

2 wounds, injuries, or illnesses that are incurred—

3 ‘‘(1) as described in section 1413a(e)(2) of this 

4 title; or 

5 ‘‘(2) in the theater of operations for Operation 

6 Enduring Freedom or Operation Iraqi Freedom.’’. 

7 (b) INCREASES CONSISTENT WITH INCREASES IN

8 RATES OF BASIC PAY.—Subsection (d) of such section, 

9 as redesignated by paragraph (1)(B), is amended by strik10 ing ‘‘amount of the death gratuity in effect under sub11 section (a)’’ and inserting ‘‘amounts of the death gratu12 ities in effect under subsections (a) and (c)’’. 

13 (c) CONFORMING AMENDMENT.—Subsection (a) of 

14 such section, as amended by subsection (a) of this section, 

15 is further amended by striking ‘‘(as adjusted under sub16 section (c))’’ and inserting ‘‘(as adjusted under subsection 

17 (d))’’. 

18 (d) EFFECTIVE DATE.—This section and the amend19 ments made by this section shall take effect as of October 

20 7, 2001, and shall apply with respect to deaths occurring 

21 on or after such date. 
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1 SEC. 202. INCREASE IN AUTOMATIC MAXIMUM COVERAGE 

2 UNDER SERVICEMEMBERS’ GROUP LIFE IN3 SURANCE AND VETERANS’ GROUP LIFE IN4 SURANCE. 

5 (a) MAXIMUM UNDER SERVICEMEMBERS’ GROUP

6 LIFE INSURANCE.—Section 1967 of title 38, United 

7 States Code, is amended in subsections (a) and (d) by 

8 striking ‘‘$250,000’’ each place it appears and inserting 

9 ‘‘$300,000’’. 

10 (b) MAXIMUM UNDER VETERANS’ GROUP LIFE IN11 SURANCE.—Section 1977(a) of title 38, United States 

12 Code, is amended by striking ‘‘$250,000’’ each place it 

13 appears and inserting ‘‘$300,000’’. 

14 (c) EFFECTIVE DATE.—This section and the amend15 ments made by this section shall take effect on the first 

16 day of the first month that begins on or after the date 

17 of the enactment of this Act. 

18 SEC. 203. INCREASED PERIOD OF CONTINUED TRICARE 

19 COVERAGE OF CHILDREN OF MEMBERS OF 

20 THE UNIFORMED SERVICES WHO DIE WHILE 

21 SERVING ON ACTIVE DUTY FOR A PERIOD OF 

22 MORE THAN 30 DAYS. 

23 (a) PERIOD OF ELIGIBILITY.—Section 1079(g) of 

24 title 10, United States Code, is amended—

25 (1) by inserting ‘‘(1)’’ after ‘‘(g)’’; 
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1 (2) by striking the second sentence and insert2 ing the following: 

3 ‘‘(2) In addition to any continuation of eligibility for 

4 benefits under paragraph (1), when a member dies while 

5 on active duty for a period of more than 30 days, the 

6 member’s dependents who are receiving benefits under a 

7 plan covered by subsection (a) shall continue to be eligible 

8 for health benefits under TRICARE Prime for the fol9 lowing period: 

10 ‘‘(A) In the case of a dependent who is a child 

11 of the deceased described in subparagraph (D) of 

12 section 1072(2) of this title, for the period during 

13 which the dependent continues to qualify as a de14 pendent under any of clauses (i), (ii), and (iii) of 

15 such subparagraph. 

16 ‘‘(B) In the case of a person who, on the day 

17 before the date of the member’s death, is a depend18 ent of the member described in subparagraph (I) of 

19 section 1072(2) of this title, for the period during 

20 which that person continues to meet the conditions 

21 set forth in any of subclauses (I), (II), and (III) of 

22 clause (ii) of such subparagraph. 

23 ‘‘(C) In the case of other dependents, for the 

24 three-year period beginning on the date of the mem25 ber’s death. 
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1 ‘‘(3) The terms and conditions under which health 

2 benefits are provided under this chapter to a dependent 

3 of a deceased member under paragraph (2)(A) shall be 

4 the same as those that would apply to the dependent under 

5 this chapter if the member were living and serving on ac6 tive duty for a period of more than 30 days. 

7 ‘‘(4) In this subsection, the term ‘TRICARE Prime’ 

8 means the managed care option of the TRICARE pro9 gram.’’. 

10 (b) EFFECTIVE DATE.—This section and the amend11 ments made by this section shall take effect as of October 

12 7, 2001, and shall apply with respect to deaths occurring 

13 on or after such date. 

14 TITLE III—HOMELAND SECU15 RITY TECHNOLOGY IMPROVE16 MENT 

17 SEC. 301. SHORT TITLE. 

18 This title may be cited as the ‘‘Homeland Security 

19 Technology Improvement Act of 2005’’. 

20 SEC. 302. HOMELAND SECURITY TRANSFER PROGRAM. 

21 (a) IN GENERAL.—Section 430 of the Homeland Se22 curity Act of 2002 (6 U.S.C. 238) is amended—

23 (1) by redesignating subsection (d) as sub24 section (e); 

25 (2) in subsection (c)—
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1 (A) in paragraph (7), by striking ‘‘and’’ at 

2 the end; 

3 (B) in paragraph (8), by striking the pe4 riod and inserting ‘‘; and’’; and 

5 (C) by adding at the end the following: 

6 ‘‘(9) overseeing and coordinating a multi-agency 

7 homeland security technology, equipment, and infor8 mation transfer program to allow for the transfer of 

9 technology, equipment, and information to State and 

10 local law enforcement agencies.’’; and 

11 (3) by inserting after subsection (c) the fol12 lowing: 

13 ‘‘(d) TECHNOLOGY, EQUIPMENT, AND INFORMATION

14 TRANSFER PROGRAM.—

15 ‘‘(1) IN GENERAL.—The Director shall—

16 ‘‘(A) identify counterterrorism tech17 nologies, equipment, and information developed 

18 or proven to be effective by—

19 ‘‘(i) consulting with the Undersecre20 tary for Science and Technology; 

21 ‘‘(ii) establishing an advisory com22 mittee comprised of retired and active-duty 

23 law enforcement officials from geographi24 cally diverse regions; 
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1 ‘‘(iii) consulting with State and local 

2 law enforcement agencies; and 

3 ‘‘(iv) entering into agreements and co4 ordinating with other Federal agencies to 

5 maximize the effectiveness of the tech6 nologies, equipment, and information avail7 able to law enforcement agencies; 

8 ‘‘(B) make these technologies, equipment, 

9 and information available to State and local law 

10 enforcement agencies on an annual basis; 

11 ‘‘(C) accept applications from the head of 

12 State and local law enforcement agencies that 

13 wish to acquire such technologies, equipment, 

14 and information to improve the homeland secu15 rity capabilities of those agencies, and review 

16 such applications in coordination with the advi17 sory committee established under subparagraph 

18 (A)(ii); and 

19 ‘‘(D) transfer the approved technology, 

20 equipment, and information, and provide the 

21 appropriate training to the State or local law 

22 enforcement agency pending the approval of the 

23 application of the State or local law enforce24 ment agency under subparagraph (C). 
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1 ‘‘(2) LIMITATION ON ADMINISTRATION EXPEND2 ITURE.—No more than 10 percent of the budget of 

3 the technology, equipment, and information transfer 

4 program under this subsection may be used for ad5 ministrative expenses. 

6 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—

7 There are authorized to be appropriated 

8 $50,000,000 for each of fiscal years 2006 through 

9 2016 to carry out this subsection.’’. 

10 TITLE IV—ANTITERRORISM 

11 IMPROVEMENTS 

12 Subtitle A—Denial of Federal 

13 Benefits to Convicted Terrorists 

14 SEC. 401. DENIAL OF FEDERAL BENEFITS TO CONVICTED 

15 TERRORISTS. 

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

17 States Code, is amended by adding at the end the fol18 lowing: 

19 ‘‘§ 2339E. Denial of Federal benefits to terrorists 

20 ‘‘(a) IN GENERAL.—Any individual who is convicted 

21 of a Federal crime of terrorism (as defined in section 

22 2332b(g)) shall, as provided by the court on motion of 

23 the Government, be ineligible for any or all Federal bene24 fits for any term of years or for life. 
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1 ‘‘(b) FEDERAL BENEFIT DEFINED.—As used in this 

2 section, the term ‘Federal benefit’ has the meaning given 

3 the term in section 421(d) of the Controlled Substances 

4 Act (21 U.S.C. 862(d)).’’. 

5 (b) CHAPTER ANALYSIS.—The table of sections of 

6 chapter 113B of title 18, United States Code, is amended 

7 by inserting at the end the following:

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

8 Subtitle B—Streamlined 

9 Information Sharing 

10 SEC. 411. UNIFORM STANDARDS FOR INFORMATION SHAR11 ING ACROSS FEDERAL AGENCIES. 

12 (a) TELEPHONE RECORDS.—Section 2709(d) of title 

13 18, United States Code, is amended by striking ‘‘for for14 eign’’ and all that follows through ‘‘such agency’’. 

15 (b) CONSUMER INFORMATION UNDER 15 U.S.C. 

16 1681u.—Section 625(f) of the Fair Credit Reporting Act 

17 (15 U.S.C. 1681u(f)) is amended to read as follows: 

18 ‘‘(f) DISSEMINATION OF INFORMATION.—The Fed19 eral Bureau of Investigation may disseminate information 

20 obtained pursuant to this section only as provided in 

21 guidelines approved by the Attorney General.’’. 

22 (c) CONSUMER INFORMATION UNDER 15 U.S.C. 

23 1681v.—Section 626 of the Fair Credit Reporting Act (15 

24 U.S.C. 1681v) is amended— 
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1 (1) by redesignating subsections (d) and (e) as 

2 subsections (e) and (f), respectively; and 

3 (2) by inserting after subsection (c) the fol4 lowing: 

5 ‘‘(d) DISSEMINATION OF INFORMATION.—The Fed6 eral Bureau of Investigation may disseminate information 

7 obtained pursuant to this section only as provided in 

8 guidelines approved by the Attorney General.’’. 

9 (d) FINANCIAL RECORDS.—Section 1114(a)(5)(B) of 

10 the Right to Financial Privacy Act (12 U.S.C. 

11 3414(a)(5)(B)) is amended by striking ‘‘for foreign’’ and 

12 all that follows through ‘‘such agency’’. 

13 (e) RECORDS CONCERNING CERTAIN GOVERNMENT

14 EMPLOYEES.—Section 802(e) of the National Security 

15 Act of 1947 (50 U.S.C. 436(e)) is amended— 

16 (1) by striking ‘‘An agency’’ and inserting the 

17 following: ‘‘The Federal Bureau of Investigation 

18 may disseminate records or information received 

19 pursuant to a request under this section only as pro20 vided in guidelines approved by the Attorney Gen21 eral. Any other agency’’; and 

22 (2) in paragraph (3), by striking ‘‘clearly’’. 
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1 SEC. 412. AUTHORIZATION TO SHARE NATIONAL-SECURITY 

2 INFORMATION WITH STATE AND LOCAL GOV3 ERNMENTS. 

4 (a) INFORMATION OBTAINED IN NATIONAL SECU5 RITY INVESTIGATIONS.—Section 203(d) of the USA PA6 TRIOT ACT (50 U.S.C. 403–5d) is amended— 

7 (1) in paragraph (1), by striking ‘‘criminal in8 vestigation’’ each place it appears and inserting 

9 ‘‘criminal or national security investigation’’; and 

10 (2) by amending paragraph (2) to read as fol11 lows: 

12 ‘‘(2) DEFINITIONS.—As used in this sub13 section— 

14 ‘‘(A) the term ‘foreign intelligence informa15 tion’ means— 

16 ‘‘(i) information, whether or not con17 cerning a United States person, that re18 lates to the ability of the United States to 

19 protect against— 

20 ‘‘(I) actual or potential attack or 

21 other grave hostile acts of a foreign 

22 power or an agent of a foreign power; 

23 ‘‘(II) sabotage or international 

24 terrorism by a foreign power or an 

25 agent of a foreign power; or 
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1 ‘‘(III) clandestine intelligence ac2 tivities by an intelligence service or 

3 network of a foreign power or by an 

4 agent of a foreign power; or 

5 ‘‘(ii) information, whether or not con6 cerning a United States person, with re7 spect to a foreign power or foreign terri8 tory that relates to— 

9 ‘‘(I) the national defense or the 

10 security of the United States; or 

11 ‘‘(II) the conduct of the foreign 

12 affairs of the United States; and 

13 ‘‘(B) the term ‘national security investiga14 tion’— 

15 ‘‘(i) means any investigative activity 

16 to protect the national security; and 

17 ‘‘(ii) includes— 

18 ‘‘(I) counterintelligence and the 

19 collection of intelligence (as defined in 

20 section 3 of the National Security Act 

21 of 1947 (50 U.S.C. 401a)); and 

22 ‘‘(II) the collection of foreign in23 telligence information.’’. 

24 (b) CONFORMING AMENDMENT.—Section 203(c) of 

25 the USA PATRIOT ACT (18 U.S.C. 2517 note) is 
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1 amended by striking ‘‘Rule 6(e)(3)(C)(i)(V) and (VI)’’ and 

2 inserting ‘‘Rule 6(e)(3)(D)’’. 

3 Subtitle C—Protecting Critical 

4 Infrastructure 

5 SEC. 421. ATTACKS AGAINST RAILROAD CARRIERS, PAS6 SENGER VESSELS, AND MASS TRANSPOR7 TATION SYSTEMS. 

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

9 States Code, is amended by striking sections 1992 through 

10 1993 and inserting the following:

11 ‘‘§ 1992. Terrorist attacks and other violence against 

12 railroad carriers, passenger vessels, and 

13 against mass transportation systems on 

14 land, on water, or through the air 

15 ‘‘(a) GENERAL PROHIBITIONS.—Whoever, in a cir16 cumstance described in subsection (c), knowingly—

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

18 railroad on-track equipment, a passenger vessel, or 

19 a mass transportation vehicle; 

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

21 passenger or employee of a railroad carrier, pas22 senger vessel, or mass transportation provider, or 

23 with a reckless disregard for the safety of human 

24 life, and without previously obtaining the permission 
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1 of the railroad carrier, mass transportation provider, 

2 or owner of the passenger vessel—

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

4 destructive substance, or destructive device in, 

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

6 passenger vessel, or a mass transportation vehi7 cle; or 

8 ‘‘(B) releases a hazardous material or a bi9 ological agent or toxin on or near the property 

10 of a railroad carrier, owner of a passenger ves11 sel, or mass transportation provider; 

12 ‘‘(3) sets fire to, undermines, makes unwork13 able, unusable, or hazardous to work on or use, or 

14 places any biological agent or toxin, destructive sub15 stance, or destructive device in, upon, or near any—

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

17 electromagnetic guideway, signal, station, depot, 

18 warehouse, terminal, or any other way, struc19 ture, property, or appurtenance used in the op20 eration of, or in support of the operation of, a 

21 railroad carrier, without previously obtaining 

22 the permission of the railroad carrier, and with 

23 intent to, or knowing or having reason to know 

24 such activity would likely, derail, disable, or 

25 wreck railroad on-track equipment; 
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•S 3 IS 

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

2 electromagnetic guideway, supply, or facility 

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

4 operation of, a mass transportation vehicle, 

5 without previously obtaining the permission of 

6 the mass transportation provider, and with in7 tent to, or knowing or having reason to know 

8 such activity would likely, derail, disable, or 

9 wreck a mass transportation vehicle used, oper10 ated, or employed by a mass transportation pro11 vider; or 

12 ‘‘(C) structure, supply, or facility used in 

13 the operation of, or in the support of the oper14 ation of, a passenger vessel, without previously 

15 obtaining the permission of the owner of the 

16 passenger vessel, and with intent to, or knowing 

17 or having reason to know that such activity 

18 would likely disable or wreck a passenger vessel; 

19 ‘‘(4) removes an appurtenance from, damages, 

20 or otherwise impairs the operation of a railroad sig21 nal system or mass transportation signal or dis22 patching system, including a train control system, 

23 centralized dispatching system, or highway-railroad 

24 grade crossing warning signal, without authorization 
104

•S 3 IS 

1 from the rail carrier or mass transportation pro2 vider; 

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

4 passenger or employee of a railroad carrier, owner of 

5 a passenger vessel, or mass transportation provider 

6 or with a reckless disregard for the safety of human 

7 life, interferes with, disables, or incapacitates any 

8 dispatcher, driver, captain, locomotive engineer, rail9 road conductor, or other person while the person is 

10 employed in dispatching, operating, or maintaining 

11 railroad on-track equipment, a passenger vessel, or 

12 a mass transportation vehicle; 

13 ‘‘(6) engages in conduct, including the use of a 

14 dangerous weapon, with the intent to cause death or 

15 serious bodily injury to any person who is on the 

16 property of a railroad carrier, owner of a passenger 

17 vessel, or mass transportation provider that is used 

18 for railroad or mass transportation purposes; 

19 ‘‘(7) conveys false information, knowing the in20 formation to be false, concerning an attempt or al21 leged attempt that was made, is being made, or is 

22 to be made, to engage in a violation of this sub23 section; or 
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•S 3 IS 

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

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

3 (7), 

4 shall be fined under this title, imprisoned not more than 

5 20 years, or both. 

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

7 offense under subsection (a) in a circumstance in which—

8 ‘‘(1) the railroad on-track equipment, passenger 

9 vessel, or mass transportation vehicle was carrying a 

10 passenger or employee at the time of the offense; 

11 ‘‘(2) the railroad on-track equipment, passenger 

12 vessel, or mass transportation vehicle was carrying 

13 high-level radioactive waste or spent nuclear fuel at 

14 the time of the offense; 

15 ‘‘(3) the railroad on-track equipment, passenger 

16 vessel, or mass transportation vehicle was carrying a 

17 hazardous material at the time of the offense that—

18 ‘‘(A) was required to be placarded under 

19 subpart F of part 172 of title 49, Code of Fed20 eral Regulations; and 

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

22 6.1, or 8 and packing group I or packing group 

23 II, or class number 1, 2, or 7 under the haz24 ardous materials table of section 172.101 of 

25 title 49, Code of Federal Regulations; or 
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•S 3 IS 

1 ‘‘(4) the offense results in the death of any per2 son, 

3 shall be fined under this title, imprisoned for any term 

4 of years or life, or both. The term of imprisonment for 

5 a violation described in paragraph (2) shall be not less 

6 than 30 years. In the case of a violation described in para7 graph (4), the offender shall be fined under this title and 

8 imprisoned for life and be subject to the death penalty. 

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

10 circumstance described in this subsection is any of the fol11 lowing: 

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

13 is, or, in the case of an attempt, threat, or con14 spiracy to engage in conduct, the conduct required 

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

16 against, or affecting a mass transportation provider, 

17 owner of a passenger vessel, or railroad carrier en18 gaged in or affecting interstate or foreign commerce. 

19 ‘‘(2) Any person who travels or communicates 

20 across a State line in order to commit the offense, 

21 or transports materials across a State line in aid of 

22 the commission of the offense. 

23 ‘‘(d) NONAPPLICABILITY.—Subsection (a) does not 

24 apply to the conduct with respect to a destructive sub25 stance or destructive device that is also classified under 
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•S 3 IS 

1 chapter 51 of title 49 as a hazardous material in com2 merce if the conduct—

3 ‘‘(1) complies with chapter 51 of title 49 and 

4 regulations, exemptions, approvals, and orders 

5 issued under that chapter; or 

6 ‘‘(2) constitutes a violation, other than a crimi7 nal violation, of chapter 51 of title 49 or a regula8 tion or order issued under that chapter. 

9 ‘‘(e) DEFINITIONS.—In this section—

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

11 given the term in section 178(1); 

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

13 weapon, device, instrument, material, or substance, 

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

15 capable of, causing death or serious bodily injury, including a pocket knife with a blade of less than 21 16 ⁄2

17 inches in length and a box cutter; 

18 ‘‘(3) the term ‘destructive device’ has the mean19 ing given the term in section 921(a)(4); 

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

21 explosive substance, flammable material, infernal 

22 machine, or other chemical, mechanical, or radio23 active device or material, or matter of a combustible, 

24 contaminative, corrosive, or explosive nature, except 

25 that the term ‘radioactive device’ does not include 
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•S 3 IS 

1 any radioactive device or material used solely for 

2 medical, industrial, research, or other peaceful pur3 poses; 

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

5 meaning given the term in section 5102(2) of title 

6 49; 

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

8 the meaning given the term in section 2(12) of the 

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

10 10101(12)); 

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

12 meaning given the term in section 5302(a)(7) of title 

13 49, except that the term includes school bus, char14 ter, and sightseeing transportation; 

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

16 carriage or other contrivance that runs on rails or 

17 electromagnetic guideways; 

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

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

20 freight or passenger car, or other on-track equip21 ment used, operated, or employed by a railroad car22 rier; 

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

24 the term in section 20102(1) of title 49; 
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•S 3 IS 

1 ‘‘(11) the term ‘railroad carrier’ has the mean2 ing given the term in section 20102(2) of title 49; 

3 ‘‘(12) the term ‘serious bodily injury’ has the 

4 meaning given the term in section 1365(h)(3); 

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

6 meaning given the term in section 2(23) of the Nu7 clear Waste Policy Act of 1982 (42 U.S.C. 

8 10101(23)); 

9 ‘‘(14) the term ‘State’ has the meaning given 

10 the term in section 2266(8); 

11 ‘‘(15) the term ‘toxin’ has the meaning given 

12 the term in section 178(2); 

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

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

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

16 through the air; and 

17 ‘‘(17) the term ‘passenger vessel’ has the mean18 ing given the term in section 2101(22) of title 46, 

19 United States Code, and includes a small passenger 

20 vessel (as defined under section 2101(35) of that 

21 title).’’. 

22 (b) CONFORMING AMENDMENTS.—

23 (1) TABLE OF SECTIONS.—The table of sections 

24 at the beginning of chapter 97 of title 18, United 

25 States Code, is amended—
110

•S 3 IS 

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

2 chapter heading and inserting ‘‘RAILROAD 

3 CARRIERS AND MASS TRANSPOR4 TATION SYSTEMS ON LAND, ON 

5 WATER, OR THROUGH THE AIR’’; 

6 (B) by striking the items relating to sec7 tions 1992 and 1993; and 

8 (C) by inserting after the item relating to 

9 section 1991 the following:

‘‘1992. Terrorist attacks and other violence against railroad carriers, passenger 

vessels, and against mass transportation systems on land, on 

water, or through the air.’’.

10 (2) TABLE OF CHAPTERS.—The table of chap11 ters at the beginning of part I of title 18, United 

12 States Code, is amended by striking the item relat13 ing to chapter 97 and inserting the following:

‘‘97. Railroad carriers and mass transportation systems 

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

14 (3) CONFORMING AMENDMENTS.—Title 18, 

15 United States Code, is amended—

16 (A) in section 2332b(g)(5)(B)(i), by strik17 ing ‘‘1992 (relating to wrecking trains), 1993 

18 (relating to terrorist attacks and other acts of 

19 violence against mass transportation systems),’’ 

20 and inserting ‘‘1992 (relating to terrorist at21 tacks and other acts of violence against railroad 
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•S 3 IS 

1 carriers and against mass transportation sys2 tems on land, on water, or through the air),’’; 

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

4 and 

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

6 ‘‘1992 (relating to wrecking trains),’’ and in7 serting ‘‘1992 (relating to terrorist attacks and 

8 other acts of violence against railroad carriers 

9 and against mass transportation systems on 

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

11 SEC. 422. ENTRY BY FALSE PRETENSES TO ANY SEAPORT. 

12 (a) IN GENERAL.—Section 1036 of title 18, United 

13 States Code, is amended—

14 (1) in subsection (a)—

15 (A) in paragraph (2), by striking ‘‘or’’ at 

16 the end; 

17 (B) by redesignating paragraph (3) as 

18 paragraph (4); and 

19 (C) by inserting after paragraph (2) the 

20 following: 

21 ‘‘(3) any secure or restricted area (as that term 

22 is defined under section 2285(c)) of any seaport; 

23 or’’;

24 (2) in subsection (b)(1), by striking ‘‘5’’ and in25 serting ‘‘10’’; 
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•S 3 IS 

1 (3) in subsection (c)(1), by inserting ‘‘, captain 

2 of the seaport,’’ after ‘‘airport authority’’; and 

3 (4) in the section heading, by inserting ‘‘or sea4 port’’ after ‘‘airport’’. 

5 (b) TECHNICAL AND CONFORMING AMENDMENT.—

6 The table of sections for chapter 47 of title 18 is amended 

7 by striking the matter relating to section 1036 and insert8 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.’’.

9 (c) DEFINITION OF SEAPORT.—Chapter 1 of title 18, 

10 United States Code, is amended by adding at the end the 

11 following: 

12 ‘‘§ 26. Definition of seaport 

13 ‘‘As used in this title, the term ‘seaport’ means all 

14 piers, wharves, docks, and similar structures to which a 

15 vessel may be secured, areas of land, water, or land and 

16 water under and in immediate proximity to such struc17 tures, and buildings on or contiguous to such structures, 

18 and the equipment and materials on such structures or 

19 in such buildings.’’. 

20 (d) TECHNICAL AND CONFORMING AMENDMENT.—

21 The table of sections for chapter 1 of title 18 is amended 

22 by inserting after the matter relating to section 25 the 

23 following:

‘‘26. Definition of seaport.’’.
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•S 3 IS 

1 SEC. 423. CRIMINAL SANCTIONS FOR FAILURE TO HEAVE 

2 TO, OBSTRUCTION OF BOARDING, OR PRO3 VIDING FALSE INFORMATION. 

4 (a) OFFENSE.—Chapter 109 of title 18, United 

5 States Code, is amended by adding at the end the fol6 lowing: 

7 ‘‘§ 2237. Criminal sanctions for failure to heave to, ob8 struction of boarding, or providing false 

9 information 

10 ‘‘(a)(1) It shall be unlawful for the master, operator, 

11 or person in charge of a vessel of the United States, or 

12 a vessel subject to the jurisdiction of the United States, 

13 to knowingly fail to obey an order by an authorized Fed14 eral law enforcement officer to heave to that vessel. 

15 ‘‘(2) It shall be unlawful for any person on board a 

16 vessel of the United States, or a vessel subject to the juris17 diction of the United States, to—

18 ‘‘(A) forcibly resist, oppose, prevent, impede, in19 timidate, or interfere with a boarding or other law 

20 enforcement action authorized by any Federal law, 

21 or to resist a lawful arrest; or 

22 ‘‘(B) provide information to a Federal law en23 forcement officer during a boarding of a vessel re24 garding the vessel’s destination, origin, ownership, 

25 registration, nationality, cargo, or crew, which that 

26 person knows is false. 
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•S 3 IS 

1 ‘‘(b) This section does not limit the authority of a 

2 customs officer under section 581 of the Tariff Act of 

3 1930 (19 U.S.C. 1581), or any other provision of law en4 forced or administered by the Secretary of the Treasury 

5 or the Undersecretary for Border and Transportation Se6 curity of the Department of Homeland Security, or the 

7 authority of any Federal law enforcement officer under 

8 any law of the United States, to order a vessel to stop 

9 or heave to. 

10 ‘‘(c) A foreign nation may consent or waive objection 

11 to the enforcement of United States law by the United 

12 States under this section by radio, telephone, or similar 

13 oral or electronic means. Consent or waiver may be proven 

14 by certification of the Secretary of State or the designee 

15 of the Secretary of State. 

16 ‘‘(d) In this section—

17 ‘‘(1) the term ‘Federal law enforcement officer’ 

18 has the meaning given the term in section 115(c); 

19 ‘‘(2) the term ‘heave to’ means to cause a vessel 

20 to slow, come to a stop, or adjust its course or speed 

21 to account for the weather conditions and sea state 

22 to facilitate a law enforcement boarding; 

23 ‘‘(3) the term ‘vessel subject to the jurisdiction 

24 of the United States’ has the meaning given the 
115

•S 3 IS 

1 term in section 2(c) of the Maritime Drug Law En2 forcement Act (46 App. U.S.C. 1903(b)); and 

3 ‘‘(4) the term ‘vessel of the United States’ has 

4 the meaning given the term in section 2(c) of the 

5 Maritime Drug Law Enforcement Act (46 App. 

6 U.S.C. 1903(b)). 

7 ‘‘(e) Any person who intentionally violates the provi8 sions of this section shall be fined under this title, impris9 oned for not more than 5 years, or both.’’. 

10 (b) TECHNICAL AND CONFORMING AMENDMENT.—

11 The table of sections for chapter 109, title 18, United 

12 States Code, is amended by inserting after the item for 

13 section 2236 the following:

‘‘2237. Criminal sanctions for failure to heave to, obstruction of boarding, or 

providing false information.’’.

14 SEC. 424. CRIMINAL SANCTIONS FOR VIOLENCE AGAINST 

15 MARITIME NAVIGATION, PLACEMENT OF DE16 STRUCTIVE DEVICES, AND MALICIOUS DUMP17 ING. 

18 (a) VIOLENCE AGAINST MARITIME NAVIGATION.—

19 Section 2280(a) of title 18, United States Code, is amend20 ed—

21 (1) in paragraph (1)—

22 (A) in subparagraph (H), by striking 

23 ‘‘(G)’’ and inserting ‘‘(H)’’; 
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•S 3 IS 

1 (B) by redesignating subparagraphs (F), 

2 (G), and (H) as subparagraphs (G), (H), and 

3 (I), respectively; and 

4 (C) by inserting after subparagraph (E) 

5 the following: 

6 ‘‘(F) destroys, seriously damages, alters, 

7 moves, or tampers with any aid to maritime 

8 navigation maintained by the Saint Lawrence 

9 Seaway Development Corporation under the au10 thority of section 4 of the Act of May 13, 1954 

11 (33 U.S.C. 984), by the Coast Guard pursuant 

12 to section 81 of title 14, United States Code, or 

13 lawfully maintained under authority granted by 

14 the Coast Guard pursuant to section 83 of title 

15 14, United States Code, if such act endangers 

16 or is likely to endanger the safe navigation of 

17 a ship;’’; and 

18 (2) in paragraph (2), by striking ‘‘(C) or (E)’’ 

19 and inserting ‘‘(C), (E), or (F)’’. 

20 (b) PLACEMENT OF DESTRUCTIVE DEVICES.—

21 (1) IN GENERAL.—Chapter 111 of title 18, 

22 United States Code, is amended by adding after sec23 tion 2280 the following: 
117

•S 3 IS 

1 ‘‘§ 2280A. Devices or substances in waters of the 

2 United States likely to destroy or damage 

3 ships or to interfere with maritime com4 merce 

5 ‘‘(a) A person who knowingly places, or causes to be 

6 placed, in navigable waters of the United States, by any 

7 means, a device or substance which is likely to destroy or 

8 cause damage to a vessel or its cargo, or cause interference 

9 with the safe navigation of vessels, or interference with 

10 maritime commerce, such as by damaging or destroying 

11 marine terminals, facilities, and any other marine struc12 ture or entity used in maritime commerce, with the intent 

13 of causing such destruction or damage, or interference 

14 with the safe navigation of vessels or with maritime com15 merce, shall be fined under this title, imprisoned for any 

16 term of years or for life, or both; and if the death of any 

17 person results from conduct prohibited under this sub18 section, may be punished by death. 

19 ‘‘(b) Nothing in this section shall be construed to 

20 apply to otherwise lawfully authorized and conducted ac21 tivities of the United States Government.’’. 

22 (2) TECHNICAL AND CONFORMING AMEND23 MENT.—The table of sections for chapter 111 of 

24 title 18, United States Code, is amended by adding 

25 after the item related to section 2280 the following:
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•S 3 IS 

‘‘2280A. Devices or substances in waters of the United States likely to destroy 

or damage ships or to interfere with maritime commerce.’’.

1 (c) MALICIOUS DUMPING.—

2 (1) IN GENERAL.—Chapter 111 of title 18, 

3 United States Code, is amended by adding at the 

4 end the following: 

5 ‘‘§ 2282. Knowing discharge or release 

6 ‘‘(a) ENDANGERMENT OF HUMAN LIFE.—Any per7 son who knowingly discharges or releases oil, a hazardous 

8 material, a noxious liquid substance, or any other dan9 gerous substance into the navigable waters of the United 

10 States or the adjoining shoreline with the intent to endan11 ger human life, health, or welfare shall be fined under this 

12 title and imprisoned for any term of years or for life. 

13 ‘‘(b) ENDANGERMENT OF MARINE ENVIRONMENT.—

14 Any person who knowingly discharges or releases oil, a 

15 hazardous material, a noxious liquid substance, or any 

16 other dangerous substance into the navigable waters of the 

17 United States or the adjacent shoreline with the intent 

18 to endanger the marine environment shall be fined under 

19 this title, imprisoned not more than 30 years, or both. 

20 ‘‘(c) DEFINITIONS.—In this section: 

21 ‘‘(1) DISCHARGE.—The term ‘discharge’ means 

22 any spilling, leaking, pumping, pouring, emitting, 

23 emptying, or dumping. 
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•S 3 IS 

1 ‘‘(2) HAZARDOUS MATERIAL.—The term ‘haz2 ardous material’ has the meaning given the term in 

3 section 2101(14) of title 46, United States Code. 

4 ‘‘(3) MARINE ENVIRONMENT.—The term ‘ma5 rine environment’ has the meaning given the term in 

6 section 2101(15) of title 46, United States Code.

7 ‘‘(4) NAVIGABLE WATERS.—The term ‘navi8 gable waters’ has the meaning given the term in sec9 tion 1362(7) of title 33, and also includes the terri10 torial sea of the United States as described in Presi11 dential Proclamation 5928 of December 27, 1988. 

12 ‘‘(5) NOXIOUS LIQUID SUBSTANCE.—The term 

13 ‘noxious liquid substance’ has the meaning given the 

14 term in the MARPOL Protocol defined in section 

15 2(1) of the Act to Prevent Pollution from Ships (33 

16 U.S.C. 1901(a)(3)).’’. 

17 (2) TECHNICAL AND CONFORMING AMEND18 MENT.—The table of sections for chapter 111 of 

19 title 18, United States Code, is amended by adding 

20 at the end the following:

‘‘2282. Knowing discharge or release.’’.

21 SEC. 425. TRANSPORTATION OF DANGEROUS MATERIALS 

22 AND TERRORISTS. 

23 (a) TRANSPORTATION OF DANGEROUS MATERIALS

24 AND TERRORISTS.—Chapter 111 of title 18, as amended 

25 by this Act, is amended by adding at the end the following: 
120

•S 3 IS 

1 ‘‘§ 2283. Transportation of explosive, biological, chem2 ical, or radioactive or nuclear materials 

3 ‘‘(a) IN GENERAL.—Any person who knowingly and 

4 willfully transports aboard any vessel within the United 

5 States, on the high seas, or having United States nation6 ality, an explosive or incendiary device, biological agent, 

7 chemical weapon, or radioactive or nuclear material, know8 ing that any such item is intended to be used to commit 

9 an offense listed under section 2332b(g)(5)(B), shall be 

10 fined under this title, imprisoned for any term of years 

11 or for life, or both; and if the death of any person results 

12 from conduct prohibited by this subsection, may be pun13 ished by death. 

14 ‘‘(b) DEFINITIONS.—In this section: 

15 ‘‘(1) BIOLOGICAL AGENT.—The term ‘biological 

16 agent’ means any biological agent, toxin, or vector 

17 (as those terms are defined in section 178). 

18 ‘‘(2) BY-PRODUCT MATERIAL.—The term ‘by19 product material’ has the meaning given that term 

20 in section 11(e) of the Atomic Energy Act of 1954 

21 (42 U.S.C. 2014(e)). 

22 ‘‘(3) CHEMICAL WEAPON.—The term ‘chemical 

23 weapon’ has the meaning given that term in section 

24 229F. 
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•S 3 IS 

1 ‘‘(4) EXPLOSIVE OR INCENDIARY DEVICE.—The 

2 term ‘explosive or incendiary device’ has the mean3 ing given the term in section 232(5). 

4 ‘‘(5) NUCLEAR MATERIAL.—The term ‘nuclear 

5 material’ has the meaning given that term in section 

6 831(f)(1). 

7 ‘‘(6) RADIOACTIVE MATERIAL.—The term ‘ra8 dioactive material’ means—

9 ‘‘(A) source material and special nuclear 

10 material, but does not include natural or de11 pleted uranium; 

12 ‘‘(B) nuclear by-product material; 

13 ‘‘(C) material made radioactive by bom14 bardment in an accelerator; or 

15 ‘‘(D) all refined isotopes of radium. 

16 ‘‘(7) SOURCE MATERIAL.—The term ‘source 

17 material’ has the meaning given that term in section 

18 11(z) of the Atomic Energy Act of 1954 (42 U.S.C. 

19 2014(z)). 

20 ‘‘(8) SPECIAL NUCLEAR MATERIAL.—The term 

21 ‘special nuclear material’ has the meaning given that 

22 term in section 11(aa) of the Atomic Energy Act of 

23 1954 (42 U.S.C. 2014(aa)). 
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•S 3 IS 

1 ‘‘§ 2284. Transportation of terrorists 

2 ‘‘(a) IN GENERAL.—Any person who knowingly and 

3 willfully transports any terrorist aboard any vessel within 

4 the United States, on the high seas, or having United 

5 States nationality, knowing that the transported person 

6 is a terrorist, shall be fined under this title, imprisoned 

7 for any term of years or for life, or both. 

8 ‘‘(b) DEFINED TERM.—In this section, the term ‘ter9 rorist’ means any person who intends to commit, or is 

10 avoiding apprehension after having committed, an offense 

11 listed under section 2332b(g)(5)(B).’’. 

12 (b) TECHNICAL AND CONFORMING AMENDMENT.—

13 The table of sections for chapter 111 of title 18, United 

14 States Code, as amended by this Act, is amended by add15 ing at the end the following:

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

‘‘2284. Transportation of terrorists.’’.

16 SEC. 426. DESTRUCTION OR INTERFERENCE WITH VESSELS 

17 OR MARITIME FACILITIES. 

18 (a) IN GENERAL.—Part 1 of title 18, United States 

19 Code, is amended by inserting after chapter 111 the fol20 lowing:
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•S 3 IS 

1 ‘‘CHAPTER 111A—DESTRUCTION OF, OR 

2 INTERFERENCE WITH, VESSELS OR 

3 MARITIME FACILITIES

‘‘Sec. 

‘‘2291. Jurisdiction and scope. 

‘‘2292. Destruction of vessel or maritime facility. 

‘‘2293. Imparting or conveying false information. 

‘‘2294. Bar to prosecution.

4 ‘‘§ 2291. Jurisdiction and scope 

5 ‘‘(a) JURISDICTION.—There is jurisdiction over an of6 fense under this chapter if the prohibited activity takes 

7 place—

8 ‘‘(1) within the United States or within waters 

9 subject to the jurisdiction of the United States; or 

10 ‘‘(2) outside United States and—

11 ‘‘(A) an offender or a victim is a national 

12 of the United States (as that term is defined 

13 under section 101(a)(22) of the Immigration 

14 and Nationality Act (8 U.S.C. 1101(a)(22)); 

15 ‘‘(B) the activity involves a vessel in which 

16 a national of the United States was on board; 

17 or 

18 ‘‘(C) the activity involves a vessel of the 

19 United States (as that term is defined under 

20 section 2(c) of the Maritime Drug Law En21 forcement Act (42 App. U.S.C. 1903(c)). 
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•S 3 IS 

1 ‘‘(b) SCOPE.—Nothing in this chapter shall apply to 

2 otherwise lawful activities carried out by or at the direc3 tion of the United States Government. 

4 ‘‘§ 2292. Destruction of vessel or maritime facility 

5 ‘‘(a) OFFENSE.—Whoever willfully—

6 ‘‘(1) sets fire to, damages, destroys, disables, or 

7 wrecks any vessel; 

8 ‘‘(2) places or causes to be placed a destructive 

9 device (as defined in section 921(a)(4)) or destruc10 tive substance (as defined in section 13) in, upon, or 

11 in proximity to, or otherwise makes or causes to be 

12 made unworkable or unusable or hazardous to work 

13 or use, any vessel, or any part or other materials 

14 used or intended to be used in connection with the 

15 operation of a vessel; 

16 ‘‘(3) sets fire to, damages, destroys, or disables 

17 or places a destructive device or substance in, upon, 

18 or in proximity to, any maritime facility, including 

19 but not limited to, any aid to navigation, lock, canal, 

20 or vessel traffic service facility or equipment, or 

21 interferes by force or violence with the operation of 

22 such facility, if such action is likely to endanger the 

23 safety of any vessel in navigation; 

24 ‘‘(4) sets fire to, damages, destroys, or disables 

25 or places a destructive device or substance in, upon, 
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•S 3 IS 

1 or in proximity to any appliance, structure, property, 

2 machine, or apparatus, or any facility or other mate3 rial used, or intended to be used, in connection with 

4 the operation, maintenance, loading, unloading, or 

5 storage of any vessel or any passenger or cargo car6 ried or intended to be carried on any vessel; 

7 ‘‘(5) performs an act of violence against or in8 capacitates any individual on any vessel, if such act 

9 of violence or incapacitation is likely to endanger the 

10 safety of the vessel or those on board; 

11 ‘‘(6) performs an act of violence against a per12 son that causes or is likely to cause serious bodily 

13 injury (as defined in section 1365) in, upon, or in 

14 proximity to any appliance, structure, property, ma15 chine, or apparatus, or any facility or other material 

16 used, or intended to be used, in connection with the 

17 operation, maintenance, loading, unloading, or stor18 age of any vessel or any passenger or cargo carried 

19 or intended to be carried on any vessel; 

20 ‘‘(7) communicates information, knowing the 

21 information to be false and under circumstances in 

22 which such information may reasonably be believed, 

23 thereby endangering the safety of any vessel in navi24 gation; or 
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1 ‘‘(8) attempts or conspires to do anything pro2 hibited under paragraphs (1) through (7), 

3 shall be fined under this title, imprisoned not more than 

4 20 years, or both. 

5 ‘‘(b) LIMITATION.—Subsection (a) shall not apply to 

6 any person that is engaging in otherwise lawful activity, 

7 such as normal repair and salvage activities, and the law8 ful transportation of hazardous materials. 

9 ‘‘(c) PENALTY.—Whoever is fined or imprisoned 

10 under subsection (a) as a result of an act involving a vessel 

11 that, at the time of the violation, carried high-level radio12 active waste (as that term is defined in section 2(12) of 

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

14 10101(12)) or spent nuclear fuel (as that term is defined 

15 in section 2(23) of the Nuclear Waste Policy Act of 1982 

16 (42 U.S.C. 10101(23)), shall be fined under title 18, im17 prisoned for a term up to life, or both. 

18 ‘‘(d) PENALTY WHEN DEATH RESULTS.—Whoever is 

19 convicted of any crime prohibited by subsection (a), which 

20 has resulted in the death of any person, shall be subject 

21 also to the death penalty or to imprisonment for life. 

22 ‘‘(e) THREATS.—Whoever willfully imparts or con23 veys any threat to do an act which would violate this chap24 ter, with an apparent determination and will to carry the 

25 threat into execution, shall be fined under this title, im-
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1 prisoned not more than 5 years, or both, and is liable for 

2 all costs incurred as a result of such threat. 

3 ‘‘§ 2293. Imparting or conveying false information 

4 ‘‘(a) IN GENERAL.—Whoever imparts or conveys or 

5 causes to be imparted or conveyed false information, 

6 knowing the information to be false, concerning an at7 tempt or alleged attempt being made or to be made, to 

8 do any act which would be a crime prohibited by this chap9 ter or by chapter 111, shall be subject to a civil penalty 

10 of not more than $5,000, which shall be recoverable in 

11 a civil action brought in the name of the United States. 

12 ‘‘(b) MALICIOUS CONDUCT.—Whoever willfully and 

13 maliciously, or with reckless disregard for the safety of 

14 human life, imparts or conveys or causes to be imparted 

15 or conveyed false information, knowing the information to 

16 be false, concerning an attempt or alleged attempt to do 

17 any act which would be a crime prohibited by this chapter 

18 or by chapter 111 of this title, shall be fined under this 

19 title, imprisoned not more than 5 years, or both. 

20 ‘‘(c) JURISDICTION.—

21 ‘‘(1) IN GENERAL.—Except as provided under 

22 paragraph (2), section 2291(a) shall not apply to 

23 any offense under this section. 

24 ‘‘(2) JURISDICTION.—Jurisdiction over an of25 fense under this section shall be determined in ac-
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1 cordance with the provisions applicable to the crime 

2 prohibited by this chapter, or by chapter 2, 97, or 

3 111 of this title, to which the imparted or conveyed 

4 false information relates, as applicable. 

5 ‘‘§ 2294. Bar to prosecution 

6 ‘‘(a) IN GENERAL.—It is a bar to prosecution under 

7 this chapter if— 

8 ‘‘(1) the conduct in question occurred within 

9 the United States in relation to a labor dispute, and 

10 such conduct is prohibited as a felony under the law 

11 of the State in which it was committed; or 

12 ‘‘(2) such conduct is prohibited as a mis13 demeanor under the law of the State in which it was 

14 committed. 

15 ‘‘(b) DEFINITIONS.—In this section: 

16 ‘‘(1) LABOR DISPUTE.—The term ‘labor dis17 pute’ has the same meaning given that term in sec18 tion 113(c) of the Norris-LaGuardia Act (29 U.S.C. 

19 113(c)). 

20 ‘‘(2) STATE.—The term ‘State’ means a State 

21 of the United States, the District of Columbia, and 

22 any commonwealth, territory, or possession of the 

23 United States.’’. 

24 (b) TECHNICAL AND CONFORMING AMENDMENT.—

25 The table of chapters at the beginning of title 18, United 
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1 States Code, is amended by inserting after the item for 

2 chapter 111 the following:

‘‘111A. Destruction of, or interference with, vessels or maritime facilities ................................................................................. 2290’’.

3 SEC. 427. THEFT OF INTERSTATE OR FOREIGN SHIPMENTS 

4 OR VESSELS. 

5 (a) THEFT OF INTERSTATE OR FOREIGN SHIP6 MENTS.—Section 659 of title 18, United States Code, is 

7 amended—

8 (1) in the first undesignated paragraph—

9 (A) by inserting ‘‘trailer,’’ after 

10 ‘‘motortruck,’’; 

11 (B) by inserting ‘‘air cargo container,’’ 

12 after ‘‘aircraft,’’; and 

13 (C) by inserting ‘‘, or from any intermodal 

14 container, trailer, container freight station, 

15 warehouse, or freight consolidation facility,’’ 

16 after ‘‘air navigation facility’’; 

17 (2) in the fifth undesignated paragraph, by 

18 striking ‘‘one year’’ and inserting ‘‘3 years’’; and 

19 (3) by inserting after the first sentence in the 

20 eighth undesignated paragraph the following: ‘‘For 

21 purposes of this section, goods and chattel shall be 

22 construed to be moving as an interstate or foreign 

23 shipment at all points between the point of origin 

24 and the final destination (as evidenced by the waybill 
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1 or other shipping document of the shipment), re2 gardless of any temporary stop while awaiting trans3 shipment or otherwise.’’. 

4 (b) STOLEN VESSELS.—

5 (1) IN GENERAL.—Section 2311 of title 18, 

6 United States Code, is amended by adding at the 

7 end the following: 

8 ‘‘ ‘Vessel’ means any watercraft or other contrivance 

9 used or designed for transportation or navigation on, 

10 under, or immediately above, water.’’. 

11 (2) TRANSPORTATION AND SALE OF STOLEN

12 VESSELS.—Sections 2312 and 2313 of title 18, 

13 United States Code, are each amended by striking 

14 ‘‘motor vehicle or aircraft’’ and inserting ‘‘motor ve15 hicle, vessel, or aircraft’’. 

16 (c) REVIEW OF SENTENCING GUIDELINES.—Pursu17 ant to section 994 of title 28, United States Code, the 

18 United States Sentencing Commission shall review the 

19 Federal Sentencing Guidelines to determine whether sen20 tencing enhancement is appropriate for any offense under 

21 section 659 or 2311 of title 18, United States Code. 

22 (d) ANNUAL REPORT OF LAW ENFORCEMENT AC23 TIVITIES.—The Attorney General shall annually submit to 

24 Congress a report, which shall include an evaluation of 

25 law enforcement activities relating to the investigation and 
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1 prosecution of offenses under section 659 of title 18, 

2 United States Code. 

3 (e) REPORTING OF CARGO THEFT.—The Attorney 

4 General shall take the steps necessary to ensure that re5 ports of cargo theft collected by Federal, State, and local 

6 officials are reflected as a separate category in the Uni7 form Crime Reporting System, or any successor system, 

8 by not later than December 31, 2005. 

9 SEC. 428. INCREASED PENALTIES FOR NONCOMPLIANCE 

10 WITH MANIFEST REQUIREMENTS. 

11 (a) REPORTING, ENTRY, CLEARANCE REQUIRE12 MENTS.—Section 436(b) of the Tariff Act of 1930 (19 

13 U.S.C. 1436(b)) is amended by—

14 (1) striking ‘‘or aircraft pilot’’ and inserting ‘‘, 

15 aircraft pilot, operator, owner of such vessel, vehicle 

16 or aircraft or any other responsible party (including 

17 non-vessel operating common carriers)’’; 

18 (2) striking ‘‘$5,000’’ and inserting ‘‘$10,000’’; 

19 and 

20 (3) striking ‘‘$10,000’’ and inserting 

21 ‘‘$25,000’’. 

22 (b) CRIMINAL PENALTY.—Section 436(c) of the Tar23 iff Act of 1930 (19 U.S.C. 1436(c)) is amended by strik24 ing ‘‘$2,000’’ and inserting ‘‘$10,000’’. 
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1 (c) FALSITY OR LACK OF MANIFEST.—Section 

2 584(a)(1) of the Tariff Act of 1930 (19 U.S.C. 

3 1584(a)(1)) is amended by striking ‘‘$1,000’’ each place 

4 it occurs and inserting ‘‘$10,000’’.

5 SEC. 429. STOWAWAYS ON VESSELS OR AIRCRAFT. 

6 Section 2199 of title 18, United States Code, is 

7 amended by striking ‘‘Shall be fined under this title or 

8 imprisoned not more than one year, or both.’’ and insert9 ing the following: 

10 ‘‘(1) shall be fined under this title, imprisoned 

11 not more than 5 years, or both; 

12 ‘‘(2) if the person commits an act proscribed by 

13 this section, with the intent to commit serious bodily 

14 injury, and serious bodily injury occurs (as defined 

15 in section 1365, including any conduct that, if the 

16 conduct occurred in the special maritime and terri17 torial jurisdiction of the United States, would violate 

18 section 2241 or 2242) to any person other than a 

19 participant as a result of a violation of this section, 

20 shall be fined under this title, imprisoned not more 

21 than 20 years, or both; and 

22 ‘‘(3) if an individual commits an act proscribed 

23 by this section, with the intent to cause death, and 

24 if the death of any person other than a participant 

25 occurs as a result of a violation of this section, shall 
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1 be fined under this title, imprisoned for any number 

2 of years or for life, or both.’’. 

3 SEC. 430. BRIBERY AFFECTING PORT SECURITY. 

4 (a) IN GENERAL.—Chapter 11 of title 18, United 

5 States Code, is amended by adding at the end the fol6 lowing: 

7 ‘‘§ 226. Bribery affecting port security 

8 ‘‘(a) IN GENERAL.—Any person who knowingly—

9 ‘‘(1) directly or indirectly, corruptly gives, of10 fers, or promises anything of value to any public or 

11 private person, with intent—

12 ‘‘(A) to commit international or domestic 

13 terrorism (as that term is defined under section 

14 2331); 

15 ‘‘(B) to influence any action or any person 

16 to commit or aid in committing, or collude in, 

17 or allow, any fraud, or make opportunity for 

18 the commission of any fraud affecting any se19 cure or restricted area or seaport; or 

20 ‘‘(C) to induce any official or person to do 

21 or omit to do any act in violation of the fidu22 ciary duty of such official or person which af23 fects any secure or restricted area or seaport; 

24 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, imprisoned not more than 

12 15 years, or both. 

13 ‘‘(b) DEFINITION.—In this section, the term ‘secure 

14 or restricted area’ has the meaning given that term in sec15 tion 2285(c).’’. 

16 (b) TECHNICAL AND CONFORMING AMENDMENT.—

17 The table of sections for chapter 11 of title 18, United 

18 States Code, is amended by adding at the end the fol19 lowing:

‘‘226. Bribery affecting port security.’’.

Æ