H. R. 3199—10
production of tangible things under such section in a timely 
fashion, including whether such delay harmed national security; 
(3) whether bureaucratic or procedural impediments to the 
use of such requests for production prevent the Federal Bureau 
of Investigation from taking full advantage of the authorities 
provided under section 501 of such Act; 
(4) any noteworthy facts or circumstances relating to orders 
under such section, including any improper or illegal use of 
the authority provided under such section; and 
(5) an examination of the effectiveness of such section 
as an investigative tool, including—
(A) the categories of records obtained and the impor-
tance of the information acquired to the intelligence activi-
ties of the Federal Bureau of Investigation or any other 
Department or agency of the Federal Government; 
(B) the manner in which such information is collected, 
retained, analyzed, and disseminated by the Federal 
Bureau of Investigation, including any direct access to such 
information (such as access to ‘‘raw data’’) provided to 
any other Department, agency, or instrumentality of Fed-
eral, State, local, or tribal governments or any private 
sector entity; 
(C) with respect to calendar year 2006, an examination 
of the minimization procedures adopted by the Attorney 
General under section 501(g) of such Act and whether 
such minimization procedures protect the constitutional 
rights of United States persons; 
(D) whether, and how often, the Federal Bureau of 
Investigation utilized information acquired pursuant to an 
order under section 501 of such Act to produce an analytical 
intelligence product for distribution within the Federal 
Bureau of Investigation, to the intelligence community (as 
such term is defined in section 3(4) of the National Security 
Act of 1947 (50 U.S.C. 401a(4))), or to other Federal, State, 
local, or tribal government Departments, agencies, or 
instrumentalities; and 
(E) whether, and how often, the Federal Bureau of 
Investigation provided such information to law enforcement 
authorities for use in criminal proceedings. 
(c) SUBMISSION DATES.—
(1) PRIOR YEARS.—Not later than one year after the date 
of the enactment of this Act, or upon completion of the audit 
under this section for calendar years 2002, 2003, and 2004, 
whichever is earlier, the Inspector General of the Department 
of Justice shall submit to the Committee on the Judiciary 
and the Permanent Select Committee on Intelligence of the 
House of Representatives and the Committee on the Judiciary 
and the Select Committee on Intelligence of the Senate a report 
containing the results of the audit conducted under this section 
for calendar years 2002, 2003, and 2004. 
(2) CALENDAR
YEARS
2005
AND
2006.—Not later than 
December 31, 2007, or upon completion of the audit under 
this section for calendar years 2005 and 2006, whichever is 
earlier, the Inspector General of the Department of Justice 
shall submit to the Committee on the Judiciary and the Perma-
nent Select Committee on Intelligence of the House of Rep-
resentatives and the Committee on the Judiciary and the Select
H. R. 3199—11
Committee on Intelligence of the Senate a report containing 
the results of the audit conducted under this section for cal-
endar years 2005 and 2006. 
(d) PRIOR NOTICE TO ATTORNEY GENERAL AND DIRECTOR OF 
NATIONAL INTELLIGENCE; COMMENTS.—
(1) NOTICE.—Not less than 30 days before the submission 
of a report under subsection (c)(1) or (c)(2), the Inspector Gen-
eral of the Department of Justice shall provide such report 
to the Attorney General and the Director of National Intel-
ligence. 
(2) COMMENTS.—The Attorney General or the Director of 
National Intelligence may provide comments to be included 
in the reports submitted under subsections (c)(1) and (c)(2) 
as the Attorney General or the Director of National Intelligence 
may consider necessary. 
(e) UNCLASSIFIED FORM.—The reports submitted under sub-
sections (c)(1) and (c)(2) and any comments included under sub-
section (d)(2) shall be in unclassified form, but may include a 
classified annex. 
SEC. 107. ENHANCED OVERSIGHT OF GOOD-FAITH EMERGENCY 
DISCLOSURES UNDER SECTION 212 OF THE USA PATRIOT 
ACT. 
(a) ENHANCED OVERSIGHT.—Section 2702 of title 18, United 
States Code, is amended by adding at the end the following: 
‘‘(d) REPORTING OF EMERGENCY DISCLOSURES.—On an annual 
basis, the Attorney General shall submit to the Committee on 
the Judiciary of the House of Representatives and the Committee 
on the Judiciary of the Senate a report containing—
‘‘(1) the number of accounts from which the Department 
of Justice has received voluntary disclosures under subsection 
(b)(8); and 
‘‘(2) a summary of the basis for disclosure in those instances 
where—
‘‘(A) voluntary disclosures under subsection (b)(8) were 
made to the Department of Justice; and 
‘‘(B) the investigation pertaining to those disclosures 
was closed without the filing of criminal charges.’’. 
(b) TECHNICAL AMENDMENTS
TO CONFORM COMMUNICATIONS 
AND CUSTOMER RECORDS EXCEPTIONS.—
(1) VOLUNTARY
DISCLOSURES.—Section 2702 of title 18, 
United States Code, is amended—
(A) in subsection (b)(8), by striking ‘‘Federal, State, 
or local’’; and 
(B) by striking paragraph (4) of subsection (c) and 
inserting the following: 
‘‘(4) to a governmental entity, if the provider, in good faith, 
believes that an emergency involving danger of death or serious 
physical injury to any person requires disclosure without delay 
of information relating to the emergency;’’. 
(2) DEFINITIONS.—Section 2711 of title 18, United States 
Code, is amended—
(A) in paragraph (2), by striking ‘‘and’’ at the end; 
(B) in paragraph (3), by striking the period at the 
end and inserting ‘‘; and’’; and 
(C) by adding at the end the following:
H. R. 3199—12
‘‘(4) the term ‘governmental entity’ means a department 
or agency of the United States or any State or political subdivi-
sion thereof.’’. 
(c) ADDITIONAL EXCEPTION.—Section 2702(a) of title 18, United 
States Code, is amended by inserting ‘‘or (c)’’ after ‘‘Except as 
provided in subsection (b)’’. 
SEC. 108. MULTIPOINT ELECTRONIC SURVEILLANCE UNDER SECTION 
206 OF THE USA PATRIOT ACT. 
(a) INCLUSION OF SPECIFIC FACTS IN APPLICATION.—
(1) APPLICATION.—Section 104(a)(3) of the Foreign Intel-
ligence Surveillance Act of 1978 (50 U.S.C. 1804(a)(3)) is 
amended by inserting ‘‘specific’’ after ‘‘description of the’’. 
(2) ORDER.—Subsection (c) of section 105 of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1805(c)) is 
amended—
(A) in paragraph (1)(A) by striking ‘‘target of the elec-
tronic surveillance’’ and inserting ‘‘specific target of the 
electronic surveillance identified or described in the 
application pursuant to section 104(a)(3)’’; and 
(B) in paragraph (2)(B), by striking ‘‘where the Court 
finds’’ and inserting ‘‘where the Court finds, based upon 
specific facts provided in the application,’’. 
(b) ADDITIONAL
DIRECTIONS.—Such subsection is further 
amended—
(1) by striking ‘‘An order approving’’ and all that follows 
through ‘‘specify’’ and inserting ‘‘(1) SPECIFICATIONS.—An order 
approving an electronic surveillance under this section shall 
specify’’; 
(2) in paragraph (1)(F), by striking ‘‘; and’’ and inserting 
a period; 
(3) in paragraph (2), by striking ‘‘direct’’ and inserting 
‘‘DIRECTIONS.—An order approving an electronic surveillance 
under this section shall direct’’; and 
(4) by adding at the end the following new paragraph: 
‘‘(3) SPECIAL DIRECTIONS FOR CERTAIN ORDERS.—An order 
approving an electronic surveillance under this section in cir-
cumstances where the nature and location of each of the facili-
ties or places at which the surveillance will be directed is 
unknown shall direct the applicant to provide notice to the 
court within ten days after the date on which surveillance 
begins to be directed at any new facility or place, unless the 
court finds good cause to justify a longer period of up to 60 
days, of—
‘‘(A) the nature and location of each new facility or 
place at which the electronic surveillance is directed; 
‘‘(B) the facts and circumstances relied upon by the 
applicant to justify the applicant’s belief that each new 
facility or place at which the electronic surveillance is 
directed is or was being used, or is about to be used, 
by the target of the surveillance; 
‘‘(C) a statement of any proposed minimization proce-
dures that differ from those contained in the original 
application or order, that may be necessitated by a change 
in the facility or place at which the electronic surveillance 
is directed; and
H. R. 3199—13
‘‘(D) the total number of electronic surveillances that 
have been or are being conducted under the authority 
of the order.’’. 
(c) ENHANCED OVERSIGHT.—
(1) REPORT TO CONGRESS.—Section 108(a)(1) of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1808(a)(1)) 
is amended by inserting ‘‘, and the Committee on the Judiciary 
of the Senate,’’ after ‘‘Senate Select Committee on Intelligence’’. 
(2) MODIFICATION OF SEMIANNUAL REPORT REQUIREMENT 
ON ACTIVITIES UNDER FOREIGN INTELLIGENCE SURVEILLANCE ACT 
OF 1978.—Paragraph (2) of section 108(a) of the Foreign Intel-
ligence Surveillance Act of 1978 (50 U.S.C. 1808(a)) is amended 
to read as follows: 
‘‘(2) Each report under the first sentence of paragraph 
(1) shall include a description of—
‘‘(A) the total number of applications made for orders 
and extensions of orders approving electronic surveillance 
under this title where the nature and location of each 
facility or place at which the electronic surveillance will 
be directed is unknown; 
‘‘(B) each criminal case in which information acquired 
under this Act has been authorized for use at trial during 
the period covered by such report; and 
‘‘(C) the total number of emergency employments of 
electronic surveillance under section 105(f) and the total 
number of subsequent orders approving or denying such 
electronic surveillance.’’. 
SEC. 109. ENHANCED CONGRESSIONAL OVERSIGHT. 
(a) EMERGENCY PHYSICAL SEARCHES.—Section 306 of the For-
eign Intelligence Surveillance Act of 1978 (50 U.S.C. 1826) is 
amended—
(1) in the first sentence, by inserting ‘‘, and the Committee 
on the Judiciary of the Senate,’’ after ‘‘the Senate’’; 
(2) in the second sentence, by striking ‘‘and the Committees 
on the Judiciary of the House of Representatives and the 
Senate’’ and inserting ‘‘and the Committee on the Judiciary 
of the House of Representatives’’; 
(3) in paragraph (2), by striking ‘‘and’’ at the end; 
(4) in paragraph (3), by striking the period at the end 
and inserting ‘‘; and’’; and 
(5) by adding at the end the following: 
‘‘(4) the total number of emergency physical searches 
authorized by the Attorney General under section 304(e) and 
the total number of subsequent orders approving or denying 
such physical searches.’’. 
(b) EMERGENCY
PEN
REGISTERS
AND
TRAP
AND
TRACE 
DEVICES.—Section 406(b) of the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1846(b)) is amended—
(1) in paragraph (1), by striking ‘‘and’’ at the end; 
(2) in paragraph (2), by striking the period at the end 
and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(3) the total number of pen registers and trap and trace 
devices whose installation and use was authorized by the 
Attorney General on an emergency basis under section 403, 
and the total number of subsequent orders approving or denying
H. R. 3199—14
the installation and use of such pen registers and trap and 
trace devices.’’. 
(c) ADDITIONAL REPORT.—At the beginning and midpoint of 
each fiscal year, the Secretary of Homeland Security shall submit 
to the Committees on the Judiciary of the House of Representatives 
and the Senate, a written report providing a description of internal 
affairs operations at U.S. Citizenship and Immigration Services, 
including the general state of such operations and a detailed 
description of investigations that are being conducted (or that were 
conducted during the previous six months) and the resources 
devoted to such investigations. The first such report shall be sub-
mitted not later than April 1, 2006. 
(d) RULES AND PROCEDURES FOR FISA COURTS.—Section 103 
of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
1803) is amended by adding at the end the following: 
‘‘(f)(1) The courts established pursuant to subsections (a) and 
(b) may establish such rules and procedures, and take such actions, 
as are reasonably necessary to administer their responsibilities 
under this Act. 
‘‘(2) The rules and procedures established under paragraph 
(1), and any modifications of such rules and procedures, shall be 
recorded, and shall be transmitted to the following: 
‘‘(A) All of the judges on the court established pursuant 
to subsection (a). 
‘‘(B) All of the judges on the court of review established 
pursuant to subsection (b). 
‘‘(C) The Chief Justice of the United States. 
‘‘(D) The Committee on the Judiciary of the Senate. 
‘‘(E) The Select Committee on Intelligence of the Senate. 
‘‘(F) The Committee on the Judiciary of the House of Rep-
resentatives. 
‘‘(G) The Permanent Select Committee on Intelligence of 
the House of Representatives. 
‘‘(3) The transmissions required by paragraph (2) shall be sub-
mitted in unclassified form, but may include a classified annex.’’. 
SEC. 
110. 
ATTACKS 
AGAINST 
RAILROAD 
CARRIERS 
AND 
MASS 
TRANSPORTATION SYSTEMS. 
(a) IN GENERAL.—Chapter 97 of title 18, United States Code, 
is amended by striking sections 1992 through 1993 and inserting 
the following: 
‘‘§ 1992. Terrorist attacks and other violence against railroad 
carriers and against mass transportation systems 
on land, on water, or through the air 
‘‘(a) GENERAL
PROHIBITIONS.—Whoever, in a circumstance 
described in subsection (c), knowingly and without lawful authority 
or permission—
‘‘(1) wrecks, derails, sets fire to, or disables railroad on-
track equipment or a mass transportation vehicle; 
‘‘(2) places any biological agent or toxin, destructive sub-
stance, or destructive device in, upon, or near railroad on-
track equipment or a mass transportation vehicle with intent 
to endanger the safety of any person, or with a reckless dis-
regard for the safety of human life;
H. R. 3199—15
‘‘(3) places or releases a hazardous material or a biological 
agent or toxin on or near any property described in subpara-
graph (A) or (B) of paragraph (4), with intent to endanger 
the safety of any person, or with reckless disregard for the 
safety of human life; 
‘‘(4) sets fire to, undermines, makes unworkable, unusable, 
or hazardous to work on or use, or places any biological agent 
or toxin, destructive substance, or destructive device in, upon, 
or near any—
‘‘(A) tunnel, bridge, viaduct, trestle, track, electro-
magnetic guideway, signal, station, depot, warehouse, ter-
minal, or any other way, structure, property, or appur-
tenance used in the operation of, or in support of the 
operation of, a railroad carrier, and with intent to, or 
knowing or having reason to know, such activity would 
likely, derail, disable, or wreck railroad on-track equip-
ment; or 
‘‘(B) garage, terminal, structure, track, electromagnetic 
guideway, supply, or facility used in the operation of, or 
in support of the operation of, a mass transportation 
vehicle, and with intent to, or knowing or having reason 
to know, such activity would likely, derail, disable, or wreck 
a mass transportation vehicle used, operated, or employed 
by a mass transportation provider; 
‘‘(5) removes an appurtenance from, damages, or otherwise 
impairs the operation of a railroad signal system or mass 
transportation signal or dispatching system, including a train 
control system, centralized dispatching system, or highway-
railroad grade crossing warning signal; 
‘‘(6) with intent to endanger the safety of any person, 
or with a reckless disregard for the safety of human life, inter-
feres with, disables, or incapacitates any dispatcher, driver, 
captain, locomotive engineer, railroad conductor, or other per-
son while the person is employed in dispatching, operating, 
controlling, or maintaining railroad on-track equipment or a 
mass transportation vehicle; 
‘‘(7) commits an act, including the use of a dangerous 
weapon, with the intent to cause death or serious bodily injury 
to any person who is on property described in subparagraph 
(A) or (B) of paragraph (4); 
‘‘(8) surveils, photographs, videotapes, diagrams, or other-
wise collects information with the intent to plan or assist in 
planning any of the acts described in paragraphs (1) through 
(6); 
‘‘(9) conveys false information, knowing the information 
to be false, concerning an attempt or alleged attempt to engage 
in a violation of this subsection; or 
‘‘(10) attempts, threatens, or conspires to engage in any 
violation of any of paragraphs (1) through (9), 
shall be fined under this title or imprisoned not more than 20 
years, or both, and if the offense results in the death of any 
person, shall be imprisoned for any term of years or for life, or 
subject to death, except in the case of a violation of paragraph 
(8), (9), or (10). 
‘‘(b) AGGRAVATED
OFFENSE.—Whoever commits an offense 
under subsection (a) of this section in a circumstance in which—
H. R. 3199—16
‘‘(1) the railroad on-track equipment or mass transportation 
vehicle was carrying a passenger or employee at the time 
of the offense; 
‘‘(2) the railroad on-track equipment or mass transportation 
vehicle was carrying high-level radioactive waste or spent 
nuclear fuel at the time of the offense; or 
‘‘(3) the offense was committed with the intent to endanger 
the safety of any person, or with a reckless disregard for the 
safety of any person, and the railroad on-track equipment or 
mass transportation vehicle was carrying a hazardous material 
at the time of the offense that—
‘‘(A) was required to be placarded under subpart F 
of part 172 of title 49, Code of Federal Regulations; and 
‘‘(B) is identified as class number 3, 4, 5, 6.1, or 8 
and packing group I or packing group II, or class number 
1, 2, or 7 under the hazardous materials table of section 
172.101 of title 49, Code of Federal Regulations, 
shall be fined under this title or imprisoned for any term of years 
or life, or both, and if the offense resulted in the death of any 
person, the person may be sentenced to death. 
‘‘(c) CIRCUMSTANCES REQUIRED FOR OFFENSE.—A circumstance 
referred to in subsection (a) is any of the following: 
‘‘(1) Any of the conduct required for the offense is, or, 
in the case of an attempt, threat, or conspiracy to engage 
in conduct, the conduct required for the completed offense would 
be, engaged in, on, against, or affecting a mass transportation 
provider, or a railroad carrier engaged in interstate or foreign 
commerce. 
‘‘(2) Any person travels or communicates across a State 
line in order to commit the offense, or transports materials 
across a State line in aid of the commission of the offense. 
‘‘(d) DEFINITIONS.—In this section—
‘‘(1) the term ‘biological agent’ has the meaning given to 
that term in section 178(1); 
‘‘(2) the term ‘dangerous weapon’ means a weapon, device, 
instrument, material, or substance, animate or inanimate, that 
is used for, or is readily capable of, causing death or serious 
bodily injury, including a pocket knife with a blade of less 
than 21⁄2 inches in length and a box cutter; 
‘‘(3) the term ‘destructive device’ has the meaning given 
to that term in section 921(a)(4); 
‘‘(4) the term ‘destructive substance’ means an explosive 
substance, flammable material, infernal machine, or other 
chemical, mechanical, or radioactive device or material, or 
matter of a combustible, contaminative, corrosive, or explosive 
nature, except that the term ‘radioactive device’ does not include 
any radioactive device or material used solely for medical, 
industrial, research, or other peaceful purposes; 
‘‘(5) the term ‘hazardous material’ has the meaning given 
to that term in chapter 51 of title 49; 
‘‘(6) the term ‘high-level radioactive waste’ has the meaning 
given to that term in section 2(12) of the Nuclear Waste Policy 
Act of 1982 (42 U.S.C. 10101(12)); 
‘‘(7) the term ‘mass transportation’ has the meaning given 
to that term in section 5302(a)(7) of title 49, except that the
H. R. 3199—17
term includes school bus, charter, and sightseeing transpor-
tation and passenger vessel as that term is defined in section 
2101(22) of title 46, United States Code; 
‘‘(8) the term ‘on-track equipment’ means a carriage or 
other contrivance that runs on rails or electromagnetic guide-
ways; 
‘‘(9) the term ‘railroad on-track equipment’ means a train, 
locomotive, tender, motor unit, freight or passenger car, or 
other on-track equipment used, operated, or employed by a 
railroad carrier; 
‘‘(10) the term ‘railroad’ has the meaning given to that 
term in chapter 201 of title 49; 
‘‘(11) the term ‘railroad carrier’ has the meaning given 
to that term in chapter 201 of title 49; 
‘‘(12) the term ‘serious bodily injury’ has the meaning given 
to that term in section 1365; 
‘‘(13) the term ‘spent nuclear fuel’ has the meaning given 
to that term in section 2(23) of the Nuclear Waste Policy 
Act of 1982 (42 U.S.C. 10101(23)); 
‘‘(14) the term ‘State’ has the meaning given to that term 
in section 2266; 
‘‘(15) the term ‘toxin’ has the meaning given to that term 
in section 178(2); and 
‘‘(16) the term ‘vehicle’ means any carriage or other contriv-
ance used, or capable of being used, as a means of transpor-
tation on land, on water, or through the air.’’. 
(b) CONFORMING AMENDMENTS.—
(1) The table of sections at the beginning of chapter 97 
of title 18, United States Code, is amended—
(A) by striking ‘‘RAILROADS’’ in the chapter heading 
and inserting ‘‘RAILROAD CARRIERS AND MASS 
TRANSPORTATION 
SYSTEMS 
ON 
LAND, 
ON 
WATER, OR THROUGH THE AIR’’; 
(B) by striking the items relating to sections 1992 
and 1993; and 
(C) by inserting after the item relating to section 1991 
the following:
‘‘1992. Terrorist attacks and other violence against railroad carriers and against 
mass transportation systems on land, on water, or through the air.’’.
(2) The table of chapters at the beginning of part I of 
title 18, United States Code, is amended by striking the item 
relating to chapter 97 and inserting the following:
‘‘97. Railroad carriers and mass transportation systems on land, on 
water, or through the air ................................................................... 1991’’.
(3) Title 18, United States Code, is amended—
(A) in section 2332b(g)(5)(B)(i), by striking ‘‘1992 
(relating to wrecking trains), 1993 (relating to terrorist 
attacks and other acts of violence against mass transpor-
tation systems),’’ and inserting ‘‘1992 (relating to terrorist 
attacks and other acts of violence against railroad carriers 
and against mass transportation systems on land, on water, 
or through the air),’’; 
(B) in section 2339A, by striking ‘‘1993,’’; and 
(C) in section 2516(1)(c) by striking ‘‘1992 (relating 
to wrecking trains),’’.
H. R. 3199—18
SEC. 111. FORFEITURE. 
Section 981(a)(1)(B)(i) of title 18, United States Code, is 
amended by inserting ‘‘trafficking in nuclear, chemical, biological, 
or radiological weapons technology or material, or’’ after ‘‘involves’’. 
SEC. 112. SECTION 2332b(g)(5)(B) AMENDMENTS RELATING TO THE 
DEFINITION OF FEDERAL CRIME OF TERRORISM. 
(a) ADDITIONAL OFFENSES.—Section 2332b(g)(5)(B) of title 18, 
United States Code, is amended—
(1) in clause (i), by inserting ‘‘, 2339D (relating to military-
type training from a foreign terrorist organization)’’ before ‘‘, 
or 2340A’’; 
(2) in clause (ii), by striking ‘‘or’’ after the semicolon; 
(3) in clause (iii), by striking the period and inserting 
‘‘; or’’; and 
(4) by inserting after clause (iii) the following: 
‘‘(iv) section 1010A of the Controlled Substances 
Import and Export Act (relating to narco-terrorism).’’. 
(b) CLERICAL CORRECTION.—Section 2332b(g)(5)(B) of title 18, 
United States Code, is amended by inserting ‘‘)’’ after ‘‘2339C 
(relating to financing of terrorism’’. 
SEC. 113. AMENDMENTS TO SECTION 2516(1) OF TITLE 18, UNITED 
STATES CODE. 
(a) PARAGRAPH (a) AMENDMENT.—Section 2516(1)(a) of title 18, 
United States Code, is amended by inserting ‘‘chapter 10 (relating 
to biological weapons)’’ after ‘‘under the following chapters of this 
title:’’. 
(b) PARAGRAPH (c) AMENDMENT.—Section 2516(1)(c) of title 18, 
United States Code, is amended—
(1) by inserting ‘‘section 37 (relating to violence at inter-
national airports), section 43 (relating to animal enterprise 
terrorism),’’ after ‘‘the following sections of this title:’’; 
(2) by inserting ‘‘section 832 (relating to nuclear and 
weapons of mass destruction threats), section 842 (relating 
to explosive materials), section 930 (relating to possession of 
weapons in Federal facilities),’’ after ‘‘section 751 (relating to 
escape),’’; 
(3) by inserting ‘‘section 1114 (relating to officers and 
employees of the United States), section 1116 (relating to 
protection of foreign officials),’’ after ‘‘section 1014 (relating 
to loans and credit applications generally; renewals and dis-
counts),’’; 
(4) by inserting ‘‘section 1992 (relating to terrorist attacks 
against mass transportation),’’ after ‘‘section 1344 (relating to 
bank fraud),’’; 
(5) by inserting ‘‘section 2340A (relating to torture),’’ after 
‘‘section 2321 (relating to trafficking in certain motor vehicles 
or motor vehicle parts),’’; 
(6) by inserting ‘‘section 81 (arson within special maritime 
and territorial jurisdiction),’’ before ‘‘section 201 (bribery of 
public officials and witnesses)’’; and 
(7) by inserting ‘‘section 956 (conspiracy to harm persons 
or property overseas),’’ after ‘‘section 175c (relating to variola 
virus)’’. 
(c) PARAGRAPH (g) AMENDMENT.—Section 2516(1)(g) of title 18, 
United States Code, is amended by inserting before the semicolon
H. R. 3199—19
‘‘, or section 5324 of title 31, United States Code (relating to struc-
turing transactions to evade reporting requirement prohibited)’’. 
(d) PARAGRAPH (j) AMENDMENT.—Section 2516(1)(j) of title 18, 
United States Code, is amended—
(1) by striking ‘‘or’’ before ‘‘section 46502 (relating to air-
craft piracy)’’ and inserting a comma after ‘‘section 60123(b) 
(relating to the destruction of a natural gas pipeline’’; and 
(2) by inserting ‘‘, the second sentence of section 46504 
(relating to assault on a flight crew with dangerous weapon), 
or section 46505(b)(3) or (c) (relating to explosive or incendiary 
devices, or endangerment of human life, by means of weapons 
on aircraft)’’ before ‘‘of title 49’’. 
(e) PARAGRAPH (p) AMENDMENT.—Section 2516(1)(p) of title 18, 
United States Code, is amended by inserting ‘‘, section 1028A 
(relating to aggravated identity theft)’’ after ‘‘other documents’’. 
(f) PARAGRAPH (q) AMENDMENT.—Section 2516(1)(q) of title 18, 
United States Code, is amended—
(1) by inserting ‘‘2339’’ after ‘‘2232h’’; 
(2) by striking ‘‘or’’ before ‘‘2339C’’; and 
(3) by inserting ‘‘, or 2339D’’ after ‘‘2339C’’. 
(g) AMENDMENT OF PREDICATE CRIMES FOR AUTHORIZATION FOR 
INTERCEPTION
OF
WIRE, ORAL, AND
ELECTRONIC
COMMUNICA-
TIONS.—Section 2516(1) of title 18, United State Code, is amended—
(1) in subparagraph (q), by striking ‘‘or’’ after the semicolon; 
(2) by redesignating subparagraph (r) as subparagraph (s); 
and 
(3) by adding after subparagraph (q) the following: 
‘‘(r) any criminal violation of section 1 (relating to illegal 
restraints of trade or commerce), 2 (relating to illegal monopo-
lizing of trade or commerce), or 3 (relating to illegal restraints 
of trade or commerce in territories or the District of Columbia) 
of the Sherman Act (15 U.S.C. 1, 2, 3); or’’. 
SEC. 114. DELAYED NOTICE SEARCH WARRANTS. 
(a) LIMITATION ON REASONABLE PERIOD FOR DELAY.—Section 
3103a of title 18, United States Code, is amended—
(1) by striking subsection (b)(3) and inserting the following: 
‘‘(3) the warrant provides for the giving of such notice 
within a reasonable period not to exceed 30 days after the 
date of its execution, or on a later date certain if the facts 
of the case justify a longer period of delay.’’. 
(2) by adding at the end the following: 
‘‘(c) EXTENSIONS OF DELAY.—Any period of delay authorized 
by this section may be extended by the court for good cause shown, 
subject to the condition that extensions should only be granted 
upon an updated showing of the need for further delay and that 
each additional delay should be limited to periods of 90 days or 
less, unless the facts of the case justify a longer period of delay.’’. 
(b) LIMITATION
ON AUTHORITY
TO DELAY NOTICE.—Section 
3103a(b)(1) of title 18, United States Code, is amended by inserting 
‘‘, except if the adverse results consist only of unduly delaying 
a trial’’ after ‘‘2705’’. 
(c) ENHANCED OVERSIGHT.—Section 3103a of title 18, United 
States Code, is further amended by adding at the end the following: 
‘‘(d) REPORTS.—
‘‘(1) REPORT BY JUDGE.—Not later than 30 days after the 
expiration of a warrant authorizing delayed notice (including
H. R. 3199—20
any extension thereof) entered under this section, or the denial 
of such warrant (or request for extension), the issuing or 
denying judge shall report to the Administrative Office of the 
United States Courts—
‘‘(A) the fact that a warrant was applied for; 
‘‘(B) the fact that the warrant or any extension thereof 
was granted as applied for, was modified, or was denied; 
‘‘(C) the period of delay in the giving of notice author-
ized by the warrant, and the number and duration of 
any extensions; and 
‘‘(D) the offense specified in the warrant or application. 
‘‘(2) REPORT
BY
ADMINISTRATIVE
OFFICE
OF
THE
UNITED 
STATES COURTS.—Beginning with the fiscal year ending Sep-
tember 30, 2007, the Director of the Administrative Office 
of the United States Courts shall transmit to Congress annually 
a full and complete report summarizing the data required to 
be filed with the Administrative Office by paragraph (1), 
including the number of applications for warrants and exten-
sions of warrants authorizing delayed notice, and the number 
of such warrants and extensions granted or denied during 
the preceding fiscal year. 
‘‘(3) REGULATIONS.—The Director of the Administrative 
Office of the United States Courts, in consultation with the 
Attorney General, is authorized to issue binding regulations 
dealing with the content and form of the reports required 
to be filed under paragraph (1).’’. 
SEC. 115. JUDICIAL REVIEW OF NATIONAL SECURITY LETTERS. 
Chapter 223 of title 18, United States Code, is amended—
(1) by inserting at the end of the table of sections the 
following new item:
‘‘3511. Judicial review of requests for information.’’;
and 
(2) by inserting after section 3510 the following: 
‘‘§ 3511. Judicial review of requests for information 
‘‘(a) The recipient of a request for records, a report, or other 
information under section 2709(b) of this title, section 626(a) or 
(b) or 627(a) of the Fair Credit Reporting Act, section 1114(a)(5)(A) 
of the Right to Financial Privacy Act, or section 802(a) of the 
National Security Act of 1947 may, in the United States district 
court for the district in which that person or entity does business 
or resides, petition for an order modifying or setting aside the 
request. The court may modify or set aside the request if compliance 
would be unreasonable, oppressive, or otherwise unlawful. 
‘‘(b)(1) The recipient of a request for records, a report, or other 
information under section 2709(b) of this title, section 626(a) or 
(b) or 627(a) of the Fair Credit Reporting Act, section 1114(a)(5)(A) 
of the Right to Financial Privacy Act, or section 802(a) of the 
National Security Act of 1947, may petition any court described 
in subsection (a) for an order modifying or setting aside a nondisclo-
sure requirement imposed in connection with such a request. 
‘‘(2) If the petition is filed within one year of the request 
for records, a report, or other information under section 2709(b) 
of this title, section 626(a) or (b) or 627(a) of the Fair Credit 
Reporting Act, section 1114(a)(5)(A) of the Right to Financial Pri-
vacy Act, or section 802(a) of the National Security Act of 1947,
H. R. 3199—21
the court may modify or set aside such a nondisclosure requirement 
if it finds that there is no reason to believe that disclosure may 
endanger the national security of the United States, interfere with 
a criminal, counterterrorism, or counterintelligence investigation, 
interfere with diplomatic relations, or endanger the life or physical 
safety of any person. If, at the time of the petition, the Attorney 
General, Deputy Attorney General, an Assistant Attorney General, 
or the Director of the Federal Bureau of Investigation, or in the 
case of a request by a department, agency, or instrumentality 
of the Federal Government other than the Department of Justice, 
the head or deputy head of such department, agency, or instrumen-
tality, certifies that disclosure may endanger the national security 
of the United States or interfere with diplomatic relations, such 
certification shall be treated as conclusive unless the court finds 
that the certification was made in bad faith. 
‘‘(3) If the petition is filed one year or more after the request 
for records, a report, or other information under section 2709(b) 
of this title, section 626(a) or (b) or 627(a) of the Fair Credit 
Reporting Act, section 1114(a)(5)(A) of the Right to Financial Pri-
vacy Act, or section 802(a) of the National Security Act of 1947, 
the Attorney General, Deputy Attorney General, an Assistant 
Attorney General, or the Director of the Federal Bureau of Inves-
tigation, or his designee in a position not lower than Deputy Assist-
ant Director at Bureau headquarters or a Special Agent in Charge 
in a Bureau field office designated by the Director, or in the case 
of a request by a department, agency, or instrumentality of the 
Federal Government other than the Federal Bureau of Investiga-
tion, the head or deputy head of such department, agency, or 
instrumentality, within ninety days of the filing of the petition, 
shall either terminate the nondisclosure requirement or re-certify 
that disclosure may result in a danger to the national security 
of the United States, interference with a criminal, counterterrorism, 
or counterintelligence investigation, interference with diplomatic 
relations, or danger to the life or physical safety of any person. 
In the event of re-certification, the court may modify or set aside 
such a nondisclosure requirement if it finds that there is no reason 
to believe that disclosure may endanger the national security of 
the United States, interfere with a criminal, counterterrorism, or 
counterintelligence investigation, interfere with diplomatic rela-
tions, or endanger the life or physical safety of any person. If 
the recertification that disclosure may endanger the national secu-
rity of the United States or interfere with diplomatic relations 
is made by the Attorney General, Deputy Attorney General, an 
Assistant Attorney General, or the Director of the Federal Bureau 
of Investigation, such certification shall be treated as conclusive 
unless the court finds that the recertification was made in bad 
faith. If the court denies a petition for an order modifying or 
setting aside a nondisclosure requirement under this paragraph, 
the recipient shall be precluded for a period of one year from 
filing another petition to modify or set aside such nondisclosure 
requirement. 
‘‘(c) In the case of a failure to comply with a request for 
records, a report, or other information made to any person or 
entity under section 2709(b) of this title, section 626(a) or (b) 
or 627(a) of the Fair Credit Reporting Act, section 1114(a)(5)(A) 
of the Right to Financial Privacy Act, or section 802(a) of the 
National Security Act of 1947, the Attorney General may invoke
H. R. 3199—22
the aid of any district court of the United States within the jurisdic-
tion in which the investigation is carried on or the person or 
entity resides, carries on business, or may be found, to compel 
compliance with the request. The court may issue an order requiring 
the person or entity to comply with the request. Any failure to 
obey the order of the court may be punished by the court as 
contempt thereof. Any process under this section may be served 
in any judicial district in which the person or entity may be found. 
‘‘(d) In all proceedings under this section, subject to any right 
to an open hearing in a contempt proceeding, the court must close 
any hearing to the extent necessary to prevent an unauthorized 
disclosure of a request for records, a report, or other information 
made to any person or entity under section 2709(b) of this title, 
section 626(a) or (b) or 627(a) of the Fair Credit Reporting Act, 
section 1114(a)(5)(A) of the Right to Financial Privacy Act, or section 
802(a) of the National Security Act of 1947. Petitions, filings, 
records, orders, and subpoenas must also be kept under seal to 
the extent and as long as necessary to prevent the unauthorized 
disclosure of a request for records, a report, or other information 
made to any person or entity under section 2709(b) of this title, 
section 626(a) or (b) or 627(a) of the Fair Credit Reporting Act, 
section 1114(a)(5)(A) of the Right to Financial Privacy Act, or section 
802(a) of the National Security Act of 1947. 
‘‘(e) In all proceedings under this section, the court shall, upon 
request of the government, review ex parte and in camera any 
government submission or portions thereof, which may include 
classified information.’’. 
SEC. 116. CONFIDENTIALITY OF NATIONAL SECURITY LETTERS. 
(a) Section 2709(c) of title 18, United States Code, is amended 
to read: 
‘‘(c) PROHIBITION OF CERTAIN DISCLOSURE.—
‘‘(1) If the Director of the Federal Bureau of Investigation, 
or his designee in a position not lower than Deputy Assistant 
Director at Bureau headquarters or a Special Agent in Charge 
in a Bureau field office designated by the Director, certifies 
that otherwise there may result a danger to the national secu-
rity of the United States, interference with a criminal, 
counterterrorism, or counterintelligence investigation, inter-
ference with diplomatic relations, or danger to the life or phys-
ical safety of any person, no wire or electronic communications 
service provider, or officer, employee, or agent thereof, shall 
disclose to any person (other than those to whom such disclo-
sure is necessary to comply with the request or an attorney 
to obtain legal advice or legal assistance with respect to the 
request) that the Federal Bureau of Investigation has sought 
or obtained access to information or records under this section. 
‘‘(2) The request shall notify the person or entity to whom 
the request is directed of the nondisclosure requirement under 
paragraph (1). 
‘‘(3) Any recipient disclosing to those persons necessary 
to comply with the request or to an attorney to obtain legal 
advice or legal assistance with respect to the request shall 
inform such person of any applicable nondisclosure require-
ment. Any person who receives a disclosure under this sub-
section shall be subject to the same prohibitions on disclosure 
under paragraph (1).
H. R. 3199—23
‘‘(4) At the request of the Director of the Federal Bureau 
of Investigation or the designee of the Director, any person 
making or intending to make a disclosure under this section 
shall identify to the Director or such designee the person to 
whom such disclosure will be made or to whom such disclosure 
was made prior to the request, but in no circumstance shall 
a person be required to inform the Director or such designee 
that the person intends to consult an attorney to obtain legal 
advice or legal assistance.’’. 
(b) Section 626(d) of the Fair Credit Reporting Act (15 U.S.C. 
1681u(d)) is amended to read: 
‘‘(d) CONFIDENTIALITY.—
‘‘(1) If the Director of the Federal Bureau of Investigation, 
or his designee in a position not lower than Deputy Assistant 
Director at Bureau headquarters or a Special Agent in Charge 
in a Bureau field office designated by the Director, certifies 
that otherwise there may result a danger to the national secu-
rity of the United States, interference with a criminal, 
counterterrorism, or counterintelligence investigation, inter-
ference with diplomatic relations, or danger to the life or phys-
ical safety of any person, no consumer reporting agency or 
officer, employee, or agent of a consumer reporting agency 
shall disclose to any person (other than those to whom such 
disclosure is necessary to comply with the request or an 
attorney to obtain legal advice or legal assistance with respect 
to the request) that the Federal Bureau of Investigation has 
sought or obtained the identity of financial institutions or a 
consumer report respecting any consumer under subsection 
(a), (b), or (c), and no consumer reporting agency or officer, 
employee, or agent of a consumer reporting agency shall include 
in any consumer report any information that would indicate 
that the Federal Bureau of Investigation has sought or obtained 
such information on a consumer report. 
‘‘(2) The request shall notify the person or entity to whom 
the request is directed of the nondisclosure requirement under 
paragraph (1). 
‘‘(3) Any recipient disclosing to those persons necessary 
to comply with the request or to an attorney to obtain legal 
advice or legal assistance with respect to the request shall 
inform such persons of any applicable nondisclosure require-
ment. Any person who receives a disclosure under this sub-
section shall be subject to the same prohibitions on disclosure 
under paragraph (1). 
‘‘(4) At the request of the Director of the Federal Bureau 
of Investigation or the designee of the Director, any person 
making or intending to make a disclosure under this section 
shall identify to the Director or such designee the person to 
whom such disclosure will be made or to whom such disclosure 
was made prior to the request, but in no circumstance shall 
a person be required to inform the Director or such designee 
that the person intends to consult an attorney to obtain legal 
advice or legal assistance.’’. 
(c) Section 627(c) of the Fair Credit Reporting Act (15 U.S.C. 
1681v(c)) is amended to read: 
‘‘(c) CONFIDENTIALITY.—
‘‘(1) If the head of a government agency authorized to 
conduct investigations of intelligence or counterintelligence
H. R. 3199—24
activities or analysis related to international terrorism, or his 
designee, certifies that otherwise there may result a danger 
to the national security of the United States, interference with 
a criminal, counterterrorism, or counterintelligence investiga-
tion, interference with diplomatic relations, or danger to the 
life or physical safety of any person, no consumer reporting 
agency or officer, employee, or agent of such consumer reporting 
agency, shall disclose to any person (other than those to whom 
such disclosure is necessary to comply with the request or 
an attorney to obtain legal advice or legal assistance with 
respect to the request), or specify in any consumer report, 
that a government agency has sought or obtained access to 
information under subsection (a). 
‘‘(2) The request shall notify the person or entity to whom 
the request is directed of the nondisclosure requirement under 
paragraph (1). 
‘‘(3) Any recipient disclosing to those persons necessary 
to comply with the request or to any attorney to obtain legal 
advice or legal assistance with respect to the request shall 
inform such persons of any applicable nondisclosure require-
ment. Any person who receives a disclosure under this sub-
section shall be subject to the same prohibitions on disclosure 
under paragraph (1). 
‘‘(4) At the request of the authorized Government agency, 
any person making or intending to make a disclosure under 
this section shall identify to the requesting official of the author-
ized Government agency the person to whom such disclosure 
will be made or to whom such disclosure was made prior 
to the request, but in no circumstance shall a person be required 
to inform such requesting official that the person intends to 
consult an attorney to obtain legal advice or legal assistance.’’. 
(d) Section 1114(a)(3) of the Right to Financial Privacy Act 
(12 U.S.C. 3414(a)(3)) is amended to read as follows: 
‘‘(3)(A) If the Government authority described in paragraph 
(1) or the Secret Service, as the case may be, certifies that 
otherwise there may result a danger to the national security 
of 
the 
United 
States, 
interference 
with 
a 
criminal, 
counterterrorism, or counterintelligence investigation, inter-
ference with diplomatic relations, or danger to the life or phys-
ical safety of any person, no financial institution, or officer, 
employee, or agent of such institution, shall disclose to any 
person (other than those to whom such disclosure is necessary 
to comply with the request or an attorney to obtain legal 
advice or legal assistance with respect to the request) that 
the Government authority or the Secret Service has sought 
or obtained access to a customer’s financial records. 
‘‘(B) The request shall notify the person or entity to whom 
the request is directed of the nondisclosure requirement under 
subparagraph (A). 
‘‘(C) Any recipient disclosing to those persons necessary 
to comply with the request or to an attorney to obtain legal 
advice or legal assistance with respect to the request shall 
inform such persons of any applicable nondisclosure require-
ment. Any person who receives a disclosure under this sub-
section shall be subject to the same prohibitions on disclosure 
under subparagraph (A).
H. R. 3199—25
‘‘(D) At the request of the authorized Government agency 
or the Secret Service, any person making or intending to make 
a disclosure under this section shall identify to the requesting 
official of the authorized Government agency or the Secret 
Service the person to whom such disclosure will be made or 
to whom such disclosure was made prior to the request, but 
in no circumstance shall a person be required to inform such 
requesting official that the person intends to consult an 
attorney to obtain legal advice or legal assistance.’’. 
(e) Section 1114(a)(5)(D) of the Right to Financial Privacy Act 
(12 U.S.C. 3414(a)(5)(D)) is amended to read: 
‘‘(D) PROHIBITION OF CERTAIN DISCLOSURE.—
‘‘(i) If the Director of the Federal Bureau of Inves-
tigation, or his designee in a position not lower than 
Deputy Assistant Director at Bureau headquarters or 
a Special Agent in Charge in a Bureau field office 
designated by the Director, certifies that otherwise 
there may result a danger to the national security 
of the United States, interference with a criminal, 
counterterrorism, or counterintelligence investigation, 
interference with diplomatic relations, or danger to 
the life or physical safety of any person, no financial 
institution, or officer, employee, or agent of such 
institution, shall disclose to any person (other than 
those to whom such disclosure is necessary to comply 
with the request or an attorney to obtain legal advice 
or legal assistance with respect to the request) that 
the Federal Bureau of Investigation has sought or 
obtained access to a customer’s or entity’s financial 
records under subparagraph (A). 
‘‘(ii) The request shall notify the person or entity 
to whom the request is directed of the nondisclosure 
requirement under clause (i). 
‘‘(iii) Any recipient disclosing to those persons nec-
essary to comply with the request or to an attorney 
to obtain legal advice or legal assistance with respect 
to the request shall inform such persons of any 
applicable nondisclosure requirement. Any person who 
receives a disclosure under this subsection shall be 
subject to the same prohibitions on disclosure under 
clause (i). 
‘‘(iv) At the request of the Director of the Federal 
Bureau of Investigation or the designee of the Director, 
any person making or intending to make a disclosure 
under this section shall identify to the Director or 
such designee the person to whom such disclosure will 
be made or to whom such disclosure was made prior 
to the request, but in no circumstance shall a person 
be required to inform the Director or such designee 
that the person intends to consult an attorney to obtain 
legal advice or legal assistance.’’. 
(f) Section 802(b) of the National Security Act of 1947 (50 
U.S.C. 436(b)) is amended to read as follows: 
‘‘(b) PROHIBITION OF CERTAIN DISCLOSURE.—
‘‘(1) If an authorized investigative agency described in sub-
section (a) certifies that otherwise there may result a danger 
to the national security of the United States, interference with
H. R. 3199—26
a criminal, counterterrorism, or counterintelligence investiga-
tion, interference with diplomatic relations, or danger to the 
life or physical safety of any person, no governmental or private 
entity, or officer, employee, or agent of such entity, may disclose 
to any person (other than those to whom such disclosure is 
necessary to comply with the request or an attorney to obtain 
legal advice or legal assistance with respect to the request) 
that such entity has received or satisfied a request made by 
an authorized investigative agency under this section. 
‘‘(2) The request shall notify the person or entity to whom 
the request is directed of the nondisclosure requirement under 
paragraph (1). 
‘‘(3) Any recipient disclosing to those persons necessary 
to comply with the request or to an attorney to obtain legal 
advice or legal assistance with respect to the request shall 
inform such persons of any applicable nondisclosure require-
ment. Any person who receives a disclosure under this sub-
section shall be subject to the same prohibitions on disclosure 
under paragraph (1). 
‘‘(4) At the request of the authorized investigative agency, 
any person making or intending to make a disclosure under 
this section shall identify to the requesting official of the author-
ized investigative agency the person to whom such disclosure 
will be made or to whom such disclosure was made prior 
to the request, but in no circumstance shall a person be required 
to inform such official that the person intends to consult an 
attorney to obtain legal advice or legal assistance.’’. 
SEC. 117. VIOLATIONS OF NONDISCLOSURE PROVISIONS OF NATIONAL 
SECURITY LETTERS. 
Section 1510 of title 18, United States Code, is amended by 
adding at the end the following: 
‘‘(e) Whoever, having been notified of the applicable disclosure 
prohibitions or confidentiality requirements of section 2709(c)(1) 
of this title, section 626(d)(1) or 627(c)(1) of the Fair Credit 
Reporting Act (15 U.S.C. 1681u(d)(1) or 1681v(c)(1)), section 
1114(a)(3)(A) or 1114(a)(5)(D)(i) of the Right to Financial Privacy 
Act (12 U.S.C. 3414(a)(3)(A) or 3414(a)(5)(D)(i)), or section 802(b)(1) 
of the National Security Act of 1947 (50 U.S.C. 436(b)(1)), knowingly 
and with the intent to obstruct an investigation or judicial pro-
ceeding violates such prohibitions or requirements applicable by 
law to such person shall be imprisoned for not more than five 
years, fined under this title, or both.’’. 
SEC. 118. REPORTS ON NATIONAL SECURITY LETTERS. 
(a) EXISTING REPORTS.—Any report made to a committee of 
Congress regarding national security letters under section 2709(c)(1) 
of title 18, United States Code, section 626(d) or 627(c) of the 
Fair Credit Reporting Act (15 U.S.C. 1681u(d) or 1681v(c)), section 
1114(a)(3) or 1114(a)(5)(D) of the Right to Financial Privacy Act 
(12 U.S.C. 3414(a)(3) or 3414(a)(5)(D)), or section 802(b) of the 
National Security Act of 1947 (50 U.S.C. 436(b)) shall also be 
made to the Committees on the Judiciary of the House of Represent-
atives and the Senate. 
(b) ENHANCED OVERSIGHT
OF FAIR CREDIT REPORTING ACT 
COUNTERTERRORISM NATIONAL SECURITY LETTER.—Section 627 of 
the Fair Credit Reporting Act (15 U.S.C. 1681(v)) is amended by 
inserting at the end the following new subsection:
H. R. 3199—27
‘‘(f) REPORTS TO CONGRESS.—(1) On a semi-annual basis, the 
Attorney General shall fully inform the Committee on the Judiciary, 
the Committee on Financial Services, and the Permanent Select 
Committee on Intelligence of the House of Representatives and 
the Committee on the Judiciary, the Committee on Banking, 
Housing, and Urban Affairs, and the Select Committee on Intel-
ligence of the Senate concerning all requests made pursuant to 
subsection (a). 
‘‘(2) In the case of the semiannual reports required to be sub-
mitted under paragraph (1) to the Permanent Select Committee 
on Intelligence of the House of Representatives and the Select 
Committee on Intelligence of the Senate, the submittal dates for 
such reports shall be as provided in section 507 of the National 
Security Act of 1947 (50 U.S.C. 415b).’’. 
(c) REPORT ON REQUESTS FOR NATIONAL SECURITY LETTERS.—
(1) IN GENERAL.—In April of each year, the Attorney Gen-
eral shall submit to Congress an aggregate report setting forth 
with respect to the preceding year the total number of requests 
made by the Department of Justice for information concerning 
different United States persons under—
(A) section 2709 of title 18, United States Code (to 
access certain communication service provider records), 
excluding the number of requests for subscriber informa-
tion; 
(B) section 1114 of the Right to Financial Privacy Act 
(12 U.S.C. 3414) (to obtain financial institution customer 
records); 
(C) section 802 of the National Security Act of 1947 
(50 U.S.C. 436) (to obtain financial information, records, 
and consumer reports); 
(D) section 626 of the Fair Credit Reporting Act (15 
U.S.C. 1681u) (to obtain certain financial information and 
consumer reports); and 
(E) section 627 of the Fair Credit Reporting Act (15 
U.S.C. 1681v) (to obtain credit agency consumer records 
for counterterrorism investigations). 
(2) UNCLASSIFIED
FORM.—The report under this section 
shall be submitted in unclassified form. 
(d) NATIONAL SECURITY LETTER DEFINED.—In this section, the 
term ‘‘national security letter’’ means a request for information 
under one of the following provisions of law: 
(1) Section 2709(a) of title 18, United States Code (to access 
certain communication service provider records). 
(2) Section 1114(a)(5)(A) of the Right to Financial Privacy 
Act (12 U.S.C. 3414(a)(5)(A)) (to obtain financial institution 
customer records). 
(3) Section 802 of the National Security Act of 1947 (50 
U.S.C. 436) (to obtain financial information, records, and con-
sumer reports). 
(4) Section 626 of the Fair Credit Reporting Act (15 U.S.C. 
1681u) (to obtain certain financial information and consumer 
reports). 
(5) Section 627 of the Fair Credit Reporting Act (15 U.S.C. 
1681v) 
(to 
obtain 
credit 
agency 
consumer 
records 
for 
counterterrorism investigations).
H. R. 3199—28
SEC. 119. AUDIT OF USE OF NATIONAL SECURITY LETTERS. 
(a) AUDIT.—The Inspector General of the Department of Justice 
shall perform an audit of the effectiveness and use, including any 
improper or illegal use, of national security letters issued by the 
Department of Justice. 
(b) REQUIREMENTS.—The audit required under subsection (a) 
shall include—
(1) an examination of the use of national security letters 
by the Department of Justice during calendar years 2003 
through 2006; 
(2) a description of any noteworthy facts or circumstances 
relating to such use, including any improper or illegal use 
of such authority; and 
(3) an examination of the effectiveness of national security 
letters as an investigative tool, including—
(A) the importance of the information acquired by the 
Department of Justice to the intelligence activities of the 
Department of Justice or to any other department or agency 
of the Federal Government; 
(B) the manner in which such information is collected, 
retained, analyzed, and disseminated by the Department 
of Justice, including any direct access to such information 
(such as access to ‘‘raw data’’) provided to any other depart-
ment, agency, or instrumentality of Federal, State, local, 
or tribal governments or any private sector entity; 
(C) whether, and how often, the Department of Justice 
utilized such information to produce an analytical intel-
ligence product for distribution within the Department of 
Justice, to the intelligence community (as such term is 
defined in section 3(4) of the National Security Act of 
1947 (50 U.S.C. 401a(4))), or to other Federal, State, local, 
or tribal government departments, agencies, or instrumen-
talities; 
(D) whether, and how often, the Department of Justice 
provided such information to law enforcement authorities 
for use in criminal proceedings; 
(E) with respect to national security letters issued fol-
lowing the date of the enactment of this Act, an examina-
tion of the number of occasions in which the Department 
of Justice, or an officer or employee of the Department 
of Justice, issued a national security letter without the 
certification necessary to require the recipient of such letter 
to comply with the nondisclosure and confidentiality 
requirements potentially applicable under law; and 
(F) the types of electronic communications and trans-
actional information obtained through requests for informa-
tion under section 2709 of title 18, United States Code, 
including the types of dialing, routing, addressing, or sig-
naling information obtained, and the procedures the 
Department of Justice uses if content information is 
obtained through the use of such authority. 
(c) SUBMISSION DATES.—
(1) PRIOR YEARS.—Not later than one year after the date 
of the enactment of this Act, or upon completion of the audit 
under this section for calendar years 2003 and 2004, whichever 
is earlier, the Inspector General of the Department of Justice
H. R. 3199—29
shall submit to the Committee on the Judiciary and the Perma-
nent Select Committee on Intelligence of the House of Rep-
resentatives and the Committee on the Judiciary and the Select 
Committee on Intelligence of the Senate a report containing 
the results of the audit conducted under this subsection for 
calendar years 2003 and 2004. 
(2) CALENDAR
YEARS
2005
AND
2006.—Not later than 
December 31, 2007, or upon completion of the audit under 
this subsection for calendar years 2005 and 2006, whichever 
is earlier, the Inspector General of the Department of Justice 
shall submit to the Committee on the Judiciary and the Perma-
nent Select Committee on Intelligence of the House of Rep-
resentatives and the Committee on the Judiciary and the Select 
Committee on Intelligence of the Senate a report containing 
the results of the audit conducted under this subsection for 
calendar years 2005 and 2006. 
(d) PRIOR NOTICE TO ATTORNEY GENERAL AND DIRECTOR OF 
NATIONAL INTELLIGENCE; COMMENTS.—
(1) NOTICE.—Not less than 30 days before the submission 
of a report under subsection (c)(1) or (c)(2), the Inspector Gen-
eral of the Department of Justice shall provide such report 
to the Attorney General and the Director of National Intel-
ligence. 
(2) COMMENTS.—The Attorney General or the Director of 
National Intelligence may provide comments to be included 
in the reports submitted under subsection (c)(1) or (c)(2) as 
the Attorney General or the Director of National Intelligence 
may consider necessary. 
(e) UNCLASSIFIED FORM.—The reports submitted under sub-
section (c)(1) or (c)(2) and any comments included under subsection 
(d)(2) shall be in unclassified form, but may include a classified 
annex. 
(f) MINIMIZATION PROCEDURES FEASIBILITY.—Not later than 
February 1, 2007, or upon completion of review of the report sub-
mitted under subsection (c)(1), whichever is earlier, the Attorney 
General and the Director of National Intelligence shall jointly 
submit to the Committee on the Judiciary and the Permanent 
Select Committee on Intelligence of the House of Representatives 
and the Committee on the Judiciary and the Select Committee 
on Intelligence of the Senate a report on the feasibility of applying 
minimization procedures in the context of national security letters 
to ensure the protection of the constitutional rights of United States 
persons. 
(g) NATIONAL SECURITY LETTER DEFINED.—In this section, the 
term ‘‘national security letter’’ means a request for information 
under one of the following provisions of law: 
(1) Section 2709(a) of title 18, United States Code (to access 
certain communication service provider records). 
(2) Section 1114(a)(5)(A) of the Right to Financial Privacy 
Act (12 U.S.C. 3414(a)(5)(A)) (to obtain financial institution 
customer records). 
(3) Section 802 of the National Security Act of 1947 (50 
U.S.C. 436) (to obtain financial information, records, and con-
sumer reports). 
(4) Section 626 of the Fair Credit Reporting Act (15 U.S.C. 
1681u) (to obtain certain financial information and consumer 
reports).
H. R. 3199—30
(5) Section 627 of the Fair Credit Reporting Act (15 U.S.C. 
1681v) 
(to 
obtain 
credit 
agency 
consumer 
records 
for 
counterterrorism investigations). 
SEC. 120. DEFINITION FOR FORFEITURE PROVISIONS UNDER SECTION 
806 OF THE USA PATRIOT ACT. 
Section 981(a)(1)(G) of title 18, United States Code, is 
amended—
(1) in clause (i), by striking ‘‘act of international or domestic 
terrorism (as defined in section 2331)’’ and inserting ‘‘any Fed-
eral crime of terrorism (as defined in section 2332b(g)(5))’’; 
(2) in clause (ii), by striking ‘‘an act of international or 
domestic terrorism (as defined in section 2331)’’ with ‘‘any 
Federal crime of terrorism (as defined in section 2332b(g)(5)’’; 
and 
(3) in clause (iii), by striking ‘‘act of international or 
domestic terrorism (as defined in section 2331)’’ and inserting 
‘‘Federal crime of terrorism (as defined in section 2332b(g)(5))’’. 
SEC. 121. PENAL PROVISIONS REGARDING TRAFFICKING IN CONTRA-
BAND CIGARETTES OR SMOKELESS TOBACCO. 
(a) THRESHOLD QUANTITY
FOR TREATMENT
AS CONTRABAND 
CIGARETTES.—(1) Section 2341(2) of title 18, United States Code, 
is amended by striking ‘‘60,000 cigarettes’’ and inserting ‘‘10,000 
cigarettes’’. 
(2) Section 2342(b) of that title is amended by striking ‘‘60,000’’ 
and inserting ‘‘10,000’’. 
(3) Section 2343 of that title is amended—
(A) in subsection (a), by striking ‘‘60,000’’ and inserting 
‘‘10,000’’; and 
(B) in subsection (b), by striking ‘‘60,000’’ and inserting 
‘‘10,000’’. 
(b) CONTRABAND SMOKELESS TOBACCO.—(1) Section 2341 of that 
title is amended—
(A) in paragraph (4), by striking ‘‘and’’ at the end; 
(B) in paragraph (5), by striking the period at the end 
and inserting a semicolon; and 
(C) by adding at the end the following new paragraphs: 
‘‘(6) the term ‘smokeless tobacco’ means any finely cut, 
ground, powdered, or leaf tobacco that is intended to be placed 
in the oral or nasal cavity or otherwise consumed without 
being combusted; 
‘‘(7) the term ‘contraband smokeless tobacco’ means a 
quantity in excess of 500 single-unit consumer-sized cans or 
packages of smokeless tobacco, or their equivalent, that are 
in the possession of any person other than—
‘‘(A) a person holding a permit issued pursuant to 
chapter 52 of the Internal Revenue Code of 1986 as manu-
facturer of tobacco products or as an export warehouse 
proprietor, a person operating a customs bonded warehouse 
pursuant to section 311 or 555 of the Tariff Act of 1930 
(19 U.S.C. 1311, 1555), or an agent of such person; 
‘‘(B) a common carrier transporting such smokeless 
tobacco under a proper bill of lading or freight bill which 
states the quantity, source, and designation of such smoke-
less tobacco; 
‘‘(C) a person who—
H. R. 3199—31
‘‘(i) is licensed or otherwise authorized by the State 
where such smokeless tobacco is found to engage in 
the business of selling or distributing tobacco products; 
and 
‘‘(ii) has complied with the accounting, tax, and 
payment requirements relating to such license or 
authorization with respect to such smokeless tobacco; 
or 
‘‘(D) an officer, employee, or agent of the United States 
or a State, or any department, agency, or instrumentality 
of the United States or a State (including any political 
subdivision of a State), having possession of such smokeless 
tobacco in connection with the performance of official 
duties;’’. 
(2) Section 2342(a) of that title is amended by inserting ‘‘or 
contraband smokeless tobacco’’ after ‘‘contraband cigarettes’’. 
(3) Section 2343(a) of that title is amended by inserting ‘‘, 
or any quantity of smokeless tobacco in excess of 500 single-unit 
consumer-sized cans or packages,’’ before ‘‘in a single transaction’’. 
(4) Section 2344(c) of that title is amended by inserting ‘‘or 
contraband smokeless tobacco’’ after ‘‘contraband cigarettes’’. 
(5) Section 2345 of that title is amended by inserting ‘‘or smoke-
less tobacco’’ after ‘‘cigarettes’’ each place it appears. 
(6) Section 2341 of that title is further amended in paragraph 
(2), as amended by subsection (a)(1) of this section, in the matter 
preceding subparagraph (A), by striking ‘‘State cigarette taxes in 
the State where such cigarettes are found, if the State’’ and 
inserting ‘‘State or local cigarette taxes in the State or locality 
where such cigarettes are found, if the State or local government’’. 
(c) RECORDKEEPING, REPORTING, AND
INSPECTION.—Section 
2343 of that title, as amended by this section, is further amended—
(1) in subsection (a)—
(A) in the matter preceding paragraph (1), by striking 
‘‘only—’’ and inserting ‘‘such information as the Attorney 
General considers appropriate for purposes of enforcement 
of this chapter, including—’’; and 
(B) in the flush matter following paragraph (3), by 
striking the second sentence; 
(2) by redesignating subsection (b) as subsection (c); 
(3) by inserting after subsection (a) the following new sub-
section (b): 
‘‘(b) Any person, except for a tribal government, who engages 
in a delivery sale, and who ships, sells, or distributes any quantity 
in excess of 10,000 cigarettes, or any quantity in excess of 500 
single-unit consumer-sized cans or packages of smokeless tobacco, 
or their equivalent, within a single month, shall submit to the 
Attorney General, pursuant to rules or regulations prescribed by 
the Attorney General, a report that sets forth the following: 
‘‘(1) The person’s beginning and ending inventory of ciga-
rettes and cans or packages of smokeless tobacco (in total) 
for such month. 
‘‘(2) The total quantity of cigarettes and cans or packages 
of smokeless tobacco that the person received within such 
month from each other person (itemized by name and address). 
‘‘(3) The total quantity of cigarettes and cans or packages 
of smokeless tobacco that the person distributed within such
H. R. 3199—32
month to each person (itemized by name and address) other 
than a retail purchaser.’’; and 
(4) by adding at the end the following new subsections: 
‘‘(d) Any report required to be submitted under this chapter 
to the Attorney General shall also be submitted to the Secretary 
of the Treasury and to the attorneys general and the tax administra-
tors of the States from where the shipments, deliveries, or distribu-
tions both originated and concluded. 
‘‘(e) In this section, the term ‘delivery sale’ means any sale 
of cigarettes or smokeless tobacco in interstate commerce to a 
consumer if—
‘‘(1) the consumer submits the order for such sale by means 
of a telephone or other method of voice transmission, the mails, 
or the Internet or other online service, or by any other means 
where the consumer is not in the same physical location as 
the seller when the purchase or offer of sale is made; or 
‘‘(2) the cigarettes or smokeless tobacco are delivered by 
use of the mails, common carrier, private delivery service, or 
any other means where the consumer is not in the same phys-
ical location as the seller when the consumer obtains physical 
possession of the cigarettes or smokeless tobacco. 
‘‘(f) In this section, the term ‘interstate commerce’ means com-
merce between a State and any place outside the State, or commerce 
between points in the same State but through any place outside 
the State.’’. 
(d) DISPOSAL OR USE OF FORFEITED CIGARETTES AND SMOKE-
LESS TOBACCO.—Section 2344(c) of that title, as amended by this 
section, is further amended by striking ‘‘seizure and forfeiture,’’ 
and all that follows and inserting ‘‘seizure and forfeiture. The 
provisions of chapter 46 of title 18 relating to civil forfeitures 
shall extend to any seizure or civil forfeiture under this section. 
Any cigarettes or smokeless tobacco so seized and forfeited shall 
be either—
‘‘(1) destroyed and not resold; or 
‘‘(2) used for undercover investigative operations for the 
detection and prosecution of crimes, and then destroyed and 
not resold.’’. 
(e) EFFECT ON STATE AND LOCAL LAW.—Section 2345 of that 
title is amended—
(1) in subsection (a), by striking ‘‘a State to enact and 
enforce’’ and inserting ‘‘a State or local government to enact 
and enforce its own’’; and 
(2) in subsection (b), by striking ‘‘of States, through inter-
state compact or otherwise, to provide for the administration 
of State’’ and inserting ‘‘of State or local governments, through 
interstate compact or otherwise, to provide for the administra-
tion of State or local’’. 
(f) ENFORCEMENT.—Section 2346 of that title is amended—
(1) by inserting ‘‘(a)’’ before ‘‘The Attorney General’’; and 
(2) by adding at the end the following new subsection: 
‘‘(b)(1) A State, through its attorney general, a local government, 
through its chief law enforcement officer (or a designee thereof), 
or any person who holds a permit under chapter 52 of the Internal 
Revenue Code of 1986, may bring an action in the United States 
district courts to prevent and restrain violations of this chapter 
by any person (or by any person controlling such person), except 
that any person who holds a permit under chapter 52 of the Internal
H. R. 3199—33
Revenue Code of 1986 may not bring such an action against a 
State or local government. No civil action may be commenced under 
this paragraph against an Indian tribe or an Indian in Indian 
country (as defined in section 1151). 
‘‘(2) A State, through its attorney general, or a local government, 
through its chief law enforcement officer (or a designee thereof), 
may in a civil action under paragraph (1) also obtain any other 
appropriate relief for violations of this chapter from any person 
(or by any person controlling such person), including civil penalties, 
money damages, and injunctive or other equitable relief. Nothing 
in this chapter shall be deemed to abrogate or constitute a waiver 
of any sovereign immunity of a State or local government, or an 
Indian tribe against any unconsented lawsuit under this chapter, 
or otherwise to restrict, expand, or modify any sovereign immunity 
of a State or local government, or an Indian tribe. 
‘‘(3) The remedies under paragraphs (1) and (2) are in addition 
to any other remedies under Federal, State, local, or other law. 
‘‘(4) Nothing in this chapter shall be construed to expand, 
restrict, or otherwise modify any right of an authorized State official 
to proceed in State court, or take other enforcement actions, on 
the basis of an alleged violation of State or other law. 
‘‘(5) Nothing in this chapter shall be construed to expand, 
restrict, or otherwise modify any right of an authorized local govern-
ment official to proceed in State court, or take other enforcement 
actions, on the basis of an alleged violation of local or other law.’’. 
(g) CONFORMING AND CLERICAL AMENDMENTS.—(1) The section 
heading for section 2343 of that title is amended to read as follows: 
‘‘§ 2343. Recordkeeping, reporting, and inspection’’. 
(2) The section heading for section 2345 of such title is amended 
to read as follows: 
‘‘§ 2345. Effect on State and local law’’. 
(3) The table of sections at the beginning of chapter 114 of 
that title is amended—
(A) by striking the item relating to section 2343 and 
inserting the following new item:
‘‘2343. Recordkeeping, reporting, and inspection.’’;
and 
(B) by striking the item relating to section 2345 and 
inserting the following new item:
‘‘2345. Effect on State and local law.’’.
(4)(A) The heading for chapter 114 of that title is amended 
to read as follows: 
‘‘CHAPTER 114—TRAFFICKING IN CONTRABAND 
CIGARETTES AND SMOKELESS TOBACCO’’. 
(B) The table of chapters at the beginning of part I of that 
title is amended by striking the item relating to section 114 and 
inserting the following new item:
‘‘114. Trafficking in contraband cigarettes and smokeless tobacco ......2341.’’.
H. R. 3199—34
SEC. 122. PROHIBITION OF NARCO-TERRORISM. 
Part A of the Controlled Substance Import and Export Act 
(21 U.S.C. 951 et seq.) is amended by inserting after section 1010 
the following: 
‘‘FOREIGN TERRORIST ORGANIZATIONS, TERRORIST PERSONS AND 
GROUPS 
‘‘Prohibited Acts 
‘‘SEC. 1010A. (a) Whoever engages in conduct that would be 
punishable under section 841(a) of this title if committed within 
the jurisdiction of the United States, or attempts or conspires 
to do so, knowing or intending to provide, directly or indirectly, 
anything of pecuniary value to any person or organization that 
has engaged or engages in terrorist activity (as defined in section 
212(a)(3)(B) of the Immigration and Nationality Act) or terrorism 
(as defined in section 140(d)(2) of the Foreign Relations Authoriza-
tion Act, Fiscal Years 1988 and 1989), shall be sentenced to a 
term of imprisonment of not less than twice the minimum punish-
ment under section 841(b)(1), and not more than life, a fine in 
accordance with the provisions of title 18, United States Code, 
or both. Notwithstanding section 3583 of title 18, United States 
Code, any sentence imposed under this subsection shall include 
a term of supervised release of at least 5 years in addition to 
such term of imprisonment. 
‘‘Jurisdiction 
‘‘(b) There is jurisdiction over an offense under this section 
if—
‘‘(1) the prohibited drug activity or the terrorist offense 
is in violation of the criminal laws of the United States; 
‘‘(2) the offense, the prohibited drug activity, or the terrorist 
offense occurs in or affects interstate or foreign commerce; 
‘‘(3) an offender provides anything of pecuniary value for 
a terrorist offense that causes or is designed to cause death 
or serious bodily injury to a national of the United States 
while that national is outside the United States, or substantial 
damage to the property of a legal entity organized under the 
laws of the United States (including any of its States, districts, 
commonwealths, territories, or possessions) while that property 
is outside of the United States; 
‘‘(4) the offense or the prohibited drug activity occurs in 
whole or in part outside of the United States (including on 
the high seas), and a perpetrator of the offense or the prohibited 
drug activity is a national of the United States or a legal 
entity organized under the laws of the United States (including 
any of its States, districts, commonwealths, territories, or 
possessions); or 
‘‘(5) after the conduct required for the offense occurs an 
offender is brought into or found in the United States, even 
if the conduct required for the offense occurs outside the United 
States.
H. R. 3199—35
‘‘Proof Requirements 
‘‘(c) To violate subsection (a), a person must have knowledge 
that the person or organization has engaged or engages in terrorist 
activity (as defined in section 212(a)(3)(B) of the Immigration and 
Nationality Act) or terrorism (as defined in section 140(d)(2) of 
the Foreign Relations Authorization Act, Fiscal Years 1988 and 
1989). 
‘‘Definition 
‘‘(d) As used in this section, the term ‘anything of pecuniary 
value’ has the meaning given the term in section 1958(b)(1) of 
title 18, United States Code.’’. 
SEC. 123. INTERFERING WITH THE OPERATION OF AN AIRCRAFT. 
Section 32 of title 18, United States Code, is amended—
(1) in subsection (a), by redesignating paragraphs (5), (6), 
and (7) as paragraphs (6), (7), and (8) respectively; 
(2) by inserting after paragraph (4) of subsection (a), the 
following: 
‘‘(5) interferes with or disables, with intent to endanger 
the safety of any person or with a reckless disregard for the 
safety of human life, anyone engaged in the authorized oper-
ation of such aircraft or any air navigation facility aiding in 
the navigation of any such aircraft;’’; 
(3) in subsection (a)(8), by striking ‘‘paragraphs (1) through 
(6)’’ and inserting ‘‘paragraphs (1) through (7)’’; and 
(4) in subsection (c), by striking ‘‘paragraphs (1) through 
(5)’’ and inserting ‘‘paragraphs (1) through (6)’’. 
SEC. 124. SENSE OF CONGRESS RELATING TO LAWFUL POLITICAL 
ACTIVITY. 
It is the sense of Congress that government should not inves-
tigate an American citizen solely on the basis of the citizen’s mem-
bership in a non-violent political organization or the fact that the 
citizen was engaging in other lawful political activity. 
SEC. 125. REMOVAL OF CIVIL LIABILITY BARRIERS THAT DISCOURAGE 
THE DONATION OF FIRE EQUIPMENT TO VOLUNTEER 
FIRE COMPANIES. 
(a) LIABILITY PROTECTION.—A person who donates qualified 
fire control or rescue equipment to a volunteer fire company shall 
not be liable for civil damages under any State or Federal law 
for personal injuries, property damage or loss, or death caused 
by the equipment after the donation. 
(b) EXCEPTIONS.—Subsection (a) does not apply to a person 
if—
(1) the person’s act or omission causing the injury, damage, 
loss, or death constitutes gross negligence or intentional mis-
conduct; 
(2) the person is the manufacturer of the qualified fire 
control or rescue equipment; or 
(3) the person or agency modified or altered the equipment 
after it had been recertified by an authorized technician as 
meeting the manufacturer’s specifications. 
(c) PREEMPTION.—This section preempts the laws of any State 
to the extent that such laws are inconsistent with this section,
H. R. 3199—36
except that notwithstanding subsection (b) this section shall not 
preempt any State law that provides additional protection from 
liability for a person who donates fire control or fire rescue equip-
ment to a volunteer fire company. 
(d) DEFINITIONS.—In this section: 
(1) PERSON.—The term ‘‘person’’ includes any governmental 
or other entity. 
(2) FIRE CONTROL OR RESCUE EQUIPMENT.—The term ‘‘fire 
control or fire rescue equipment’’ includes any fire vehicle, 
fire fighting tool, communications equipment, protective gear, 
fire hose, or breathing apparatus. 
(3) QUALIFIED FIRE CONTROL OR RESCUE EQUIPMENT.—The 
term ‘‘qualified fire control or rescue equipment’’ means fire 
control or fire rescue equipment that has been recertified by 
an authorized technician as meeting the manufacturer’s speci-
fications. 
(4) STATE.—The term ‘‘State’’ includes the several States, 
the District of Columbia, the Commonwealth of Puerto Rico, 
the Commonwealth of the Northern Mariana Islands, American 
Samoa, Guam, the Virgin Islands, any other territory or posses-
sion of the United States, and any political subdivision of 
any such State, territory, or possession. 
(5) VOLUNTEER FIRE COMPANY.—The term ‘‘volunteer fire 
company’’ means an association of individuals who provide fire 
protection and other emergency services, where at least 30 
percent of the individuals receive little or no compensation 
compared with an entry level full-time paid individual in that 
association or in the nearest such association with an entry 
level full-time paid individual. 
(6) AUTHORIZED TECHNICIAN.—The term ‘‘authorized techni-
cian’’ means a technician who has been certified by the manu-
facturer of fire control or fire rescue equipment to inspect 
such equipment. The technician need not be employed by the 
State or local agency administering the distribution of the 
fire control or fire rescue equipment. 
(e) EFFECTIVE DATE.—This section applies only to liability for 
injury, damage, loss, or death caused by equipment that, for pur-
poses of subsection (a), is donated on or after the date that is 
30 days after the date of the enactment of this section. 
SEC. 126. REPORT ON DATA-MINING ACTIVITIES. 
(a) REPORT.—Not later than one year after the date of the 
enactment of this Act, the Attorney General shall submit to Con-
gress a report on any initiative of the Department of Justice that 
uses or is intended to develop pattern-based data-mining technology, 
including, for each such initiative, the following information: 
(1) A thorough description of the pattern-based data-mining 
technology consistent with the protection of existing patents, 
proprietary business processes, trade secrets, and intelligence 
sources and methods. 
(2) A thorough discussion of the plans for the use of such 
technology and the target dates for the deployment of the 
pattern-based data-mining technology. 
(3) An assessment of the likely efficacy of the pattern-
based data-mining technology quality assurance controls to be 
used in providing accurate and valuable information consistent 
with the stated plans for the use of the technology.
H. R. 3199—37
(4) An assessment of the likely impact of the implementa-
tion of the pattern-based data-mining technology on privacy 
and civil liberties. 
(5) A list and analysis of the laws and regulations 
applicable to the Department of Justice that govern the applica-
tion of the pattern-based data-mining technology to the informa-
tion to be collected, reviewed, gathered, and analyzed with 
the pattern-based data-mining technology. 
(6) A thorough discussion of the policies, procedures, and 
guidelines of the Department of Justice that are to be developed 
and applied in the use of such technology for pattern-based 
data-mining in order to—
(A) protect the privacy and due process rights of 
individuals; and 
(B) ensure that only accurate information is collected 
and used or account for the possibility of inaccuracy in 
that information and guard against harmful consequences 
of potential inaccuracies. 
(7) Any necessary classified information in an annex that 
shall be available consistent with national security to the Com-
mittee on the Judiciary of both the Senate and the House 
of Representatives. 
(b) DEFINITIONS.—In this section: 
(1) DATA-MINING.—The term ‘‘data-mining’’ means a query 
or search or other analysis of one or more electronic databases, 
where—
(A) at least one of the databases was obtained from 
or remains under the control of a non-Federal entity, or 
the information was acquired initially by another depart-
ment or agency of the Federal Government for purposes 
other than intelligence or law enforcement; 
(B) the search does not use personal identifiers of 
a specific individual or does not utilize inputs that appear 
on their face to identify or be associated with a specified 
individual to acquire information; and 
(C) a department or agency of the Federal Government 
is conducting the query or search or other analysis to 
find a pattern indicating terrorist or other criminal activity. 
(2) DATABASE.—The term ‘‘database’’ does not include tele-
phone directories, information publicly available via the Inter-
net or available by any other means to any member of the 
public, any databases maintained, operated, or controlled by 
a State, local, or tribal government (such as a State motor 
vehicle database), or databases of judicial and administrative 
opinions. 
SEC. 127. SENSE OF CONGRESS. 
It is the sense of Congress that under section 981 of title 
18, United States Code, victims of terrorists attacks should have 
access to the assets forfeited. 
SEC. 128. USA PATRIOT ACT SECTION 214; AUTHORITY FOR DISCLO-
SURE OF ADDITIONAL INFORMATION IN CONNECTION 
WITH ORDERS FOR PEN REGISTER AND TRAP AND TRACE 
AUTHORITY UNDER FISA. 
(a) RECORDS.—Section 402(d)(2) of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1842(d)(2)) is amended—
(1) in subparagraph (A)—
H. R. 3199—38
(A) in clause (ii), by adding ‘‘and’’ at the end; and 
(B) in clause (iii), by striking the period at the end 
and inserting a semicolon; 
(2) in subparagraph (B)(iii), by striking the period at the 
end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(C) shall direct that, upon the request of the applicant, 
the provider of a wire or electronic communication service 
shall disclose to the Federal officer using the pen register 
or trap and trace device covered by the order—
‘‘(i) in the case of the customer or subscriber using 
the service covered by the order (for the period specified 
by the order)—
‘‘(I) the name of the customer or subscriber; 
‘‘(II) the address of the customer or subscriber; 
‘‘(III) the telephone or instrument number, or 
other subscriber number or identifier, of the cus-
tomer or subscriber, including any temporarily 
assigned network address or associated routing 
or transmission information; 
‘‘(IV) the length of the provision of service 
by such provider to the customer or subscriber 
and the types of services utilized by the customer 
or subscriber; 
‘‘(V) in the case of a provider of local or long 
distance telephone service, any local or long dis-
tance telephone records of the customer or sub-
scriber; 
‘‘(VI) if applicable, any records reflecting 
period of usage (or sessions) by the customer or 
subscriber; and 
‘‘(VII) any mechanisms and sources of payment 
for such service, including the number of any credit 
card or bank account utilized for payment for such 
service; and 
‘‘(ii) if available, with respect to any customer or 
subscriber of incoming or outgoing communications to 
or from the service covered by the order—
‘‘(I) the name of such customer or subscriber; 
‘‘(II) the address of such customer or sub-
scriber; 
‘‘(III) the telephone or instrument number, or 
other subscriber number or identifier, of such cus-
tomer or subscriber, including any temporarily 
assigned network address or associated routing 
or transmission information; and 
‘‘(IV) the length of the provision of service 
by such provider to such customer or subscriber 
and the types of services utilized by such customer 
or subscriber.’’. 
(b) ENHANCED OVERSIGHT.—Section 406(a) of the Foreign Intel-
ligence Surveillance Act of 1978 (50 U.S.C. 1846(a)) is amended 
by inserting ‘‘, and the Committee on the Judiciary of the House 
of Representatives and the Committee on the Judiciary of the 
Senate,’’ after ‘‘of the Senate’’.
H. R. 3199—39
TITLE II—TERRORIST DEATH PENALTY 
ENHANCEMENT 
SEC. 201. SHORT TITLE. 
This title may be cited as the ‘‘Terrorist Death Penalty 
Enhancement Act of 2005’’. 
Subtitle A—Terrorist Penalties 
Enhancement Act 
SEC. 211. DEATH PENALTY PROCEDURES FOR CERTAIN AIR PIRACY 
CASES OCCURRING BEFORE ENACTMENT OF THE FED-
ERAL DEATH PENALTY ACT OF 1994. 
(a) IN GENERAL.—Section 60003 of the Violent Crime Control 
and Law Enforcement Act of 1994 (Public Law 103–322), is 
amended, as of the time of its enactment, by adding at the end 
the following: 
‘‘(c) DEATH PENALTY PROCEDURES FOR CERTAIN PREVIOUS AIR-
CRAFT PIRACY VIOLATIONS.—An individual convicted of violating 
section 46502 of title 49, United States Code, or its predecessor, 
may be sentenced to death in accordance with the procedures estab-
lished in chapter 228 of title 18, United States Code, if for any 
offense committed before the enactment of the Violent Crime Con-
trol and Law Enforcement Act of 1994 (Public Law 103–322), but 
after the enactment of the Antihijacking Act of 1974 (Public Law 
93–366), it is determined by the finder of fact, before consideration 
of the factors set forth in sections 3591(a)(2) and 3592(a) and 
(c) of title 18, United States Code, that one or more of the factors 
set forth in former section 46503(c)(2) of title 49, United States 
Code, or its predecessor, has been proven by the Government to 
exist, beyond a reasonable doubt, and that none of the factors 
set forth in former section 46503(c)(1) of title 49, United States 
Code, or its predecessor, has been proven by the defendant to 
exist, by a preponderance of the information. The meaning of the 
term ‘especially heinous, cruel, or depraved’, as used in the factor 
set forth in former section 46503(c)(2)(B)(iv) of title 49, United 
States Code, or its predecessor, shall be narrowed by adding the 
limiting language ‘in that it involved torture or serious physical 
abuse to the victim’, and shall be construed as when that term 
is used in section 3592(c)(6) of title 18, United States Code.’’. 
(b) 
SEVERABILITY
CLAUSE.—If 
any 
provision 
of 
section 
60003(b)(2) of the Violent Crime and Law Enforcement Act of 1994 
(Public Law 103–322), or the application thereof to any person 
or any circumstance is held invalid, the remainder of such section 
and the application of such section to other persons or circumstances 
shall not be affected thereby. 
SEC. 212. POSTRELEASE SUPERVISION OF TERRORISTS. 
Section 3583(j) of title 18, United States Code, is amended 
in subsection (j), by striking ‘‘, the commission’’ and all that follows 
through ‘‘person,’’.
H. R. 3199—40
Subtitle B—Federal Death Penalty 
Procedures 
SEC. 221. ELIMINATION OF PROCEDURES APPLICABLE ONLY TO CER-
TAIN CONTROLLED SUBSTANCES ACT CASES. 
Section 408 of the Controlled Substances Act (21 U.S.C. 848) 
is amended—
(1) in subsection (e)(2), by striking ‘‘(1)(b)’’ and inserting 
‘‘(1)(B)’’; 
(2) by striking subsection (g) and all that follows through 
subsection (p); 
(3) by striking subsection (r); and 
(4) in subsection (q), by striking paragraphs (1) through 
(3). 
SEC. 222. COUNSEL FOR FINANCIALLY UNABLE DEFENDANTS. 
(a) IN GENERAL.—Chapter 228 of title 18, United States Code, 
is amended by adding at the end the following new section: 
‘‘§ 3599. Counsel for financially unable defendants 
‘‘(a)(1) Notwithstanding any other provision of law to the con-
trary, in every criminal action in which a defendant is charged 
with a crime which may be punishable by death, a defendant 
who is or becomes financially unable to obtain adequate representa-
tion or investigative, expert, or other reasonably necessary services 
at any time either—
‘‘(A) before judgment; or 
‘‘(B) after the entry of a judgment imposing a sentence 
of death but before the execution of that judgment; 
shall be entitled to the appointment of one or more attorneys 
and the furnishing of such other services in accordance with sub-
sections (b) through (f). 
‘‘(2) In any post conviction proceeding under section 2254 or 
2255 of title 28, United States Code, seeking to vacate or set 
aside a death sentence, any defendant who is or becomes financially 
unable to obtain adequate representation or investigative, expert, 
or other reasonably necessary services shall be entitled to the 
appointment of one or more attorneys and the furnishing of such 
other services in accordance with subsections (b) through (f). 
‘‘(b) If the appointment is made before judgment, at least one 
attorney so appointed must have been admitted to practice in 
the court in which the prosecution is to be tried for not less 
than five years, and must have had not less than three years 
experience in the actual trial of felony prosecutions in that court. 
‘‘(c) If the appointment is made after judgment, at least one 
attorney so appointed must have been admitted to practice in 
the court of appeals for not less than five years, and must have 
had not less than three years experience in the handling of appeals 
in that court in felony cases. 
‘‘(d) With respect to subsections (b) and (c), the court, for 
good cause, may appoint another attorney whose background, 
knowledge, or experience would otherwise enable him or her to 
properly represent the defendant, with due consideration to the 
seriousness of the possible penalty and to the unique and complex 
nature of the litigation.
H. R. 3199—41
‘‘(e) Unless replaced by similarly qualified counsel upon the 
attorney’s own motion or upon motion of the defendant, each 
attorney so appointed shall represent the defendant throughout 
every subsequent stage of available judicial proceedings, including 
pretrial proceedings, trial, sentencing, motions for new trial, 
appeals, applications for writ of certiorari to the Supreme Court 
of the United States, and all available post-conviction process, 
together with applications for stays of execution and other appro-
priate motions and procedures, and shall also represent the defend-
ant in such competency proceedings and proceedings for executive 
or other clemency as may be available to the defendant. 
‘‘(f) Upon a finding that investigative, expert, or other services 
are reasonably necessary for the representation of the defendant, 
whether in connection with issues relating to guilt or the sentence, 
the court may authorize the defendant’s attorneys to obtain such 
services on behalf of the defendant and, if so authorized, shall 
order the payment of fees and expenses therefor under subsection 
(g). No ex parte proceeding, communication, or request may be 
considered pursuant to this section unless a proper showing is 
made concerning the need for confidentiality. Any such proceeding, 
communication, or request shall be transcribed and made a part 
of the record available for appellate review. 
‘‘(g)(1) Compensation shall be paid to attorneys appointed under 
this subsection at a rate of not more than $125 per hour for 
in-court and out-of-court time. The Judicial Conference is authorized 
to raise the maximum for hourly payment specified in the paragraph 
up to the aggregate of the overall average percentages of the adjust-
ments in the rates of pay for the General Schedule made pursuant 
to section 5305 of title 5 on or after such date. After the rates 
are raised under the preceding sentence, such hourly range may 
be raised at intervals of not less than one year, up to the aggregate 
of the overall average percentages of such adjustments made since 
the last raise under this paragraph. 
‘‘(2) Fees and expenses paid for investigative, expert, and other 
reasonably necessary services authorized under subsection (f) shall 
not exceed $7,500 in any case, unless payment in excess of that 
limit is certified by the court, or by the United States magistrate 
judge, if the services were rendered in connection with the case 
disposed of entirely before such magistrate judge, as necessary 
to provide fair compensation for services of an unusual character 
or duration, and the amount of the excess payment is approved 
by the chief judge of the circuit. The chief judge of the circuit 
may delegate such approval authority to an active circuit judge. 
‘‘(3) The amounts paid under this paragraph for services in 
any case shall be disclosed to the public, after the disposition 
of the petition.’’. 
(b) CONFORMING AMENDMENT.—The table of sections of the 
bill is amended by inserting after the item relating to section 
3598 the following new item:
‘‘3599. Counsel for financially unable defendants.’’.
(c) REPEAL.—Subsection (q) of section 408 of the Controlled 
Substances Act is amended by striking paragraphs (4) through 
(10).
H. R. 3199—42
TITLE III—REDUCING CRIME AND 
TERRORISM AT AMERICA’S SEAPORTS 
SEC. 301. SHORT TITLE. 
This title may be cited as the ‘‘Reducing Crime and Terrorism 
at America’s Seaports Act of 2005’’. 
SEC. 302. ENTRY BY FALSE PRETENSES TO ANY SEAPORT. 
(a) IN GENERAL.—Section 1036 of title 18, United States Code, 
is amended—
(1) in subsection (a)—
(A) in paragraph (2), by striking ‘‘or’’ at the end; 
(B) by redesignating paragraph (3) as paragraph (4); 
and 
(C) by inserting after paragraph (2) the following: 
‘‘(3) any secure or restricted area of any seaport, designated 
as secure in an approved security plan, as required under 
section 70103 of title 46, United States Code, and the rules 
and regulations promulgated under that section; or’’; 
(2) in subsection (b)(1), by striking ‘‘5 years’’ and inserting 
‘‘10 years’’; 
(3) in subsection (c)(1), by inserting ‘‘, captain of the sea-
port,’’ after ‘‘airport authority’’; and 
(4) by striking the section heading and inserting the fol-
lowing: 
‘‘§ 1036. Entry by false pretenses to any real property, vessel, 
or aircraft of the United States or secure area 
of any airport or seaport’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.—The table of 
sections for chapter 47 of title 18 is amended by striking the 
matter relating to section 1036 and inserting the following:
‘‘1036. Entry by false pretenses to any real property, vessel, or aircraft of the 
United States or secure area of any airport or seaport.’’.
(c) DEFINITION
OF SEAPORT.—Chapter 1 of title 18, United 
States Code, is amended by adding at the end the following: 
‘‘§ 26. Definition of seaport 
‘‘As used in this title, the term ‘seaport’ means all piers, 
wharves, docks, and similar structures, adjacent to any waters 
subject to the jurisdiction of the United States, to which a vessel 
may be secured, including areas of land, water, or land and water 
under and in immediate proximity to such structures, buildings 
on or contiguous to such structures, and the equipment and mate-
rials on such structures or in such buildings.’’. 
(d) TECHNICAL AND CONFORMING AMENDMENT.—The table of 
sections for chapter 1 of title 18 is amended by inserting after 
the matter relating to section 25 the following:
‘‘26. Definition of seaport.’’.
SEC. 303. CRIMINAL SANCTIONS FOR FAILURE TO HEAVE TO, OBSTRUC-
TION OF BOARDING, OR PROVIDING FALSE INFORMA-
TION. 
(a) OFFENSE.—Chapter 109 of title 18, United States Code, 
is amended by adding at the end the following:
H. R. 3199—43
‘‘§ 2237. Criminal sanctions for failure to heave to, obstruc-
tion of boarding, or providing false information 
‘‘(a)(1) It shall be unlawful for the master, operator, or person 
in charge of a vessel of the United States, or a vessel subject 
to the jurisdiction of the United States, to knowingly fail to obey 
an order by an authorized Federal law enforcement officer to heave 
to that vessel. 
‘‘(2) It shall be unlawful for any person on board a vessel 
of the United States, or a vessel subject to the jurisdiction of 
the United States, to—
‘‘(A) forcibly resist, oppose, prevent, impede, intimidate, 
or interfere with a boarding or other law enforcement action 
authorized by any Federal law or to resist a lawful arrest; 
or 
‘‘(B) provide materially false information to a Federal law 
enforcement officer during a boarding of a vessel regarding 
the vessel’s destination, origin, ownership, registration, nation-
ality, cargo, or crew. 
‘‘(b) Any person who intentionally violates this section shall 
be fined under this title or imprisoned for not more than 5 years, 
or both. 
‘‘(c) This section does not limit the authority of a customs 
officer under section 581 of the Tariff Act of 1930 (19 U.S.C. 1581), 
or any other provision of law enforced or administered by the 
Secretary of the Treasury or the Secretary of Homeland Security, 
or the authority of any Federal law enforcement officer under 
any law of the United States, to order a vessel to stop or heave 
to. 
‘‘(d) A foreign nation may consent or waive objection to the 
enforcement of United States law by the United States under this 
section by radio, telephone, or similar oral or electronic means. 
Consent or waiver may be proven by certification of the Secretary 
of State or the designee of the Secretary of State. 
‘‘(e) In this section—
‘‘(1) the term ‘Federal law enforcement officer’ has the 
meaning given the term in section 115(c); 
‘‘(2) the term ‘heave to’ means to cause a vessel to slow, 
come to a stop, or adjust its course or speed to account for 
the weather conditions and sea state to facilitate a law enforce-
ment boarding; 
‘‘(3) the term ‘vessel subject to the jurisdiction of the United 
States’ has the meaning given the term in section 2 of the 
Maritime Drug Law Enforcement Act (46 U.S.C. App. 1903); 
and 
‘‘(4) the term ‘vessel of the United States’ has the meaning 
given the term in section 2 of the Maritime Drug Law Enforce-
ment Act (46 U.S.C. App. 1903).’’. 
(b) CONFORMING AMENDMENT.—The table of sections for chapter 
109, title 18, United States Code, is amended by inserting after 
the item for section 2236 the following:
‘‘2237. Criminal sanctions for failure to heave to, obstruction of boarding, or pro-
viding false information.’’.
SEC. 304. CRIMINAL SANCTIONS FOR VIOLENCE AGAINST MARITIME 
NAVIGATION, PLACEMENT OF DESTRUCTIVE DEVICES. 
(a) PLACEMENT OF DESTRUCTIVE DEVICES.—
H. R. 3199—44
(1) IN GENERAL.—Chapter 111 of title 18, United States 
Code, as amended by subsection (a), is further amended by 
adding at the end the following: 
‘‘§ 2282A. Devices or dangerous substances in waters of the 
United States likely to destroy or damage ships 
or to interfere with maritime commerce 
‘‘(a) A person who knowingly places, or causes to be placed, 
in navigable waters of the United States, by any means, a device 
or dangerous substance which is likely to destroy or cause damage 
to a vessel or its cargo, cause interference with the safe navigation 
of vessels, or interference with maritime commerce (such as by 
damaging or destroying marine terminals, facilities, or any other 
marine structure or entity used in maritime commerce) with the 
intent of causing such destruction or damage, interference with 
the safe navigation of vessels, or interference with maritime com-
merce shall be fined under this title or imprisoned for any term 
of years, or for life; or both. 
‘‘(b) A person who causes the death of any person by engaging 
in conduct prohibited under subsection (a) may be punished by 
death. 
‘‘(c) Nothing in this section shall be construed to apply to 
otherwise lawfully authorized and conducted activities of the United 
States Government. 
‘‘(d) In this section: 
‘‘(1) The term ‘dangerous substance’ means any solid, liquid, 
or gaseous material that has the capacity to cause damage 
to a vessel or its cargo, or cause interference with the safe 
navigation of a vessel. 
‘‘(2) The term ‘device’ means any object that, because of 
its physical, mechanical, structural, or chemical properties, has 
the capacity to cause damage to a vessel or its cargo, or cause 
interference with the safe navigation of a vessel.’’. 
(2) CONFORMING AMENDMENT.—The table of sections for 
chapter 111 of title 18, United States Code, as amended by 
subsection (b), is further amended by adding after the item 
related to section 2282 the following:
‘‘2282A. Devices or dangerous substances in waters of the United States likely to 
destroy or damage ships or to interfere with maritime commerce.’’.
(b) VIOLENCE AGAINST MARITIME NAVIGATION.—
(1) IN GENERAL.—Chapter 111 of title 18, United States 
Code as amended by subsections (a) and (c), is further amended 
by adding at the end the following: 
‘‘§ 2282B. Violence against aids to maritime navigation 
‘‘Whoever intentionally destroys, seriously damages, alters, 
moves, or tampers with any aid to maritime navigation maintained 
by the Saint Lawrence Seaway Development Corporation under 
the authority of section 4 of the Act of May 13, 1954 (33 U.S.C. 
984), by the Coast Guard pursuant to section 81 of title 14, United 
States Code, or lawfully maintained under authority granted by 
the Coast Guard pursuant to section 83 of title 14, United States 
Code, if such act endangers or is likely to endanger the safe naviga-
tion of a ship, shall be fined under this title or imprisoned for 
not more than 20 years, or both.’’. 
(2) CONFORMING AMENDMENT.—The table of sections for 
chapter 111 of title 18, United States Code, as amended by
H. R. 3199—45
subsections (b) and (d) is further amended by adding after 
the item related to section 2282A the following:
‘‘2282B. Violence against aids to maritime navigation.’’.
SEC. 
305. 
TRANSPORTATION 
OF 
DANGEROUS 
MATERIALS 
AND 
TERRORISTS. 
(a) TRANSPORTATION OF DANGEROUS MATERIALS AND TERROR-
ISTS.—Chapter 111 of title 18, as amended by section 305, is further 
amended by adding at the end the following: 
‘‘§ 2283. Transportation of explosive, biological, chemical, or 
radioactive or nuclear materials 
‘‘(a) IN GENERAL.—Whoever knowingly transports aboard any 
vessel within the United States and on waters subject to the juris-
diction of the United States or any vessel outside the United States 
and on the high seas or having United States nationality an explo-
sive or incendiary device, biological agent, chemical weapon, or 
radioactive or nuclear material, knowing that any such item is 
intended to be used to commit an offense listed under section 
2332b(g)(5)(B), shall be fined under this title or imprisoned for 
any term of years or for life, or both. 
‘‘(b) CAUSING DEATH.—Any person who causes the death of 
a person by engaging in conduct prohibited by subsection (a) may 
be punished by death. 
‘‘(c) DEFINITIONS.—In this section: 
‘‘(1) BIOLOGICAL AGENT.—The term ‘biological agent’ means 
any biological agent, toxin, or vector (as those terms are defined 
in section 178). 
‘‘(2) BY-PRODUCT MATERIAL.—The term ‘by-product mate-
rial’ has the meaning given that term in section 11(e) of the 
Atomic Energy Act of 1954 (42 U.S.C. 2014(e)). 
‘‘(3) CHEMICAL WEAPON.—The term ‘chemical weapon’ has 
the meaning given that term in section 229F(1). 
‘‘(4) EXPLOSIVE OR INCENDIARY DEVICE.—The term ‘explo-
sive or incendiary device’ has the meaning given the term 
in section 232(5) and includes explosive materials, as that term 
is defined in section 841(c) and explosive as defined in section 
844(j). 
‘‘(5) NUCLEAR MATERIAL.—The term ‘nuclear material’ has 
the meaning given that term in section 831(f)(1). 
‘‘(6) RADIOACTIVE MATERIAL.—The term ‘radioactive mate-
rial’ means—
‘‘(A) source material and special nuclear material, but 
does not include natural or depleted uranium; 
‘‘(B) nuclear by-product material; 
‘‘(C) material made radioactive by bombardment in 
an accelerator; or 
‘‘(D) all refined isotopes of radium. 
‘‘(8) SOURCE
MATERIAL.—The term ‘source material’ has 
the meaning given that term in section 11(z) of the Atomic 
Energy Act of 1954 (42 U.S.C. 2014(z)). 
‘‘(9) SPECIAL NUCLEAR MATERIAL.—The term ‘special nuclear 
material’ has the meaning given that term in section 11(aa) 
of the Atomic Energy Act of 1954 (42 U.S.C. 2014(aa)).
H. R. 3199—46
‘‘§ 2284. Transportation of terrorists 
‘‘(a) IN GENERAL.—Whoever knowingly and intentionally trans-
ports any terrorist aboard any vessel within the United States 
and on waters subject to the jurisdiction of the United States 
or any vessel outside the United States and on the high seas 
or having United States nationality, knowing that the transported 
person is a terrorist, shall be fined under this title or imprisoned 
for any term of years or for life, or both. 
‘‘(b) DEFINED TERM.—In this section, the term ‘terrorist’ means 
any person who intends to commit, or is avoiding apprehension 
after 
having 
committed, 
an 
offense 
listed 
under 
section 
2332b(g)(5)(B).’’. 
(b) CONFORMING AMENDMENT.—The table of sections for chapter 
111 of title 18, United States Code, as amended by section 305, 
is further amended by adding at the end the following:
‘‘2283. Transportation of explosive, chemical, biological, or radioactive or nuclear 
materials. 
‘‘2284. Transportation of terrorists.’’.
SEC. 306. DESTRUCTION OF, OR INTERFERENCE WITH, VESSELS OR 
MARITIME FACILITIES. 
(a) IN GENERAL.—Title 18, United States Code, is amended 
by inserting after chapter 111 the following: 
‘‘CHAPTER 111A—DESTRUCTION OF, OR INTERFERENCE 
WITH, VESSELS OR MARITIME FACILITIES
‘‘Sec. 
‘‘2290. Jurisdiction and scope. 
‘‘2291. Destruction of vessel or maritime facility. 
‘‘2292. Imparting or conveying false information.
‘‘§ 2290. Jurisdiction and scope 
‘‘(a) 
JURISDICTION.—There 
is 
jurisdiction, 
including 
extraterritorial jurisdiction, over an offense under this chapter if 
the prohibited activity takes place—
‘‘(1) within the United States and within waters subject 
to the jurisdiction of the United States; or 
‘‘(2) outside United States and—
‘‘(A) an offender or a victim is a national of the United 
States (as that term is defined under section 101(a)(22) 
of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(22)); 
‘‘(B) the activity involves a vessel in which a national 
of the United States was on board; or 
‘‘(C) the activity involves a vessel of the United States 
(as that term is defined under section 2 of the Maritime 
Drug Law Enforcement Act (46 U.S.C. App. 1903). 
‘‘(b) SCOPE.—Nothing in this chapter shall apply to otherwise 
lawful activities carried out by or at the direction of the United 
States Government. 
‘‘§ 2291. Destruction of vessel or maritime facility 
‘‘(a) OFFENSE.—Whoever knowingly—
‘‘(1) sets fire to, damages, destroys, disables, or wrecks 
any vessel; 
‘‘(2) places or causes to be placed a destructive device, 
as defined in section 921(a)(4), destructive substance, as defined
H. R. 3199—47
in section 31(a)(3), or an explosive, as defined in section 844(j) 
in, upon, or near, or otherwise makes or causes to be made 
unworkable or unusable or hazardous to work or use, any 
vessel, or any part or other materials used or intended to 
be used in connection with the operation of a vessel; 
‘‘(3) sets fire to, damages, destroys, or disables or places 
a destructive device or substance in, upon, or near, any mari-
time facility, including any aid to navigation, lock, canal, or 
vessel traffic service facility or equipment; 
‘‘(4) interferes by force or violence with the operation of 
any maritime facility, including any aid to navigation, lock, 
canal, or vessel traffic service facility or equipment, if such 
action is likely to endanger the safety of any vessel in naviga-
tion; 
‘‘(5) sets fire to, damages, destroys, or disables or places 
a destructive device or substance in, upon, or near, any appli-
ance, structure, property, machine, or apparatus, or any facility 
or other material used, or intended to be used, in connection 
with the operation, maintenance, loading, unloading, or storage 
of any vessel or any passenger or cargo carried or intended 
to be carried on any vessel; 
‘‘(6) performs an act of violence against or incapacitates 
any individual on any vessel, if such act of violence or incapaci-
tation is likely to endanger the safety of the vessel or those 
on board; 
‘‘(7) performs an act of violence against a person that 
causes or is likely to cause serious bodily injury, as defined 
in section 1365(h)(3), in, upon, or near, any appliance, structure, 
property, machine, or apparatus, or any facility or other mate-
rial used, or intended to be used, in connection with the oper-
ation, maintenance, loading, unloading, or storage of any vessel 
or any passenger or cargo carried or intended to be carried 
on any vessel; 
‘‘(8) communicates information, knowing the information 
to be false and under circumstances in which such information 
may reasonably be believed, thereby endangering the safety 
of any vessel in navigation; or 
‘‘(9) attempts or conspires to do anything prohibited under 
paragraphs (1) through (8), 
shall be fined under this title or imprisoned not more than 20 
years, or both. 
‘‘(b) LIMITATION.—Subsection (a) shall not apply to any person 
that is engaging in otherwise lawful activity, such as normal repair 
and salvage activities, and the transportation of hazardous mate-
rials regulated and allowed to be transported under chapter 51 
of title 49. 
‘‘(c) PENALTY.—Whoever is fined or imprisoned under subsection 
(a) as a result of an act involving a vessel that, at the time 
of the violation, carried high-level radioactive waste (as that term 
is defined in section 2(12) of the Nuclear Waste Policy Act of 
1982 (42 U.S.C. 10101(12)) or spent nuclear fuel (as that term 
is defined in section 2(23) of the Nuclear Waste Policy Act of 
1982 (42 U.S.C. 10101(23)), shall be fined under this title, impris-
oned for a term up to life, or both. 
‘‘(d) PENALTY WHEN DEATH RESULTS.—Whoever is convicted 
of any crime prohibited by subsection (a) and intended to cause 
death by the prohibited conduct, if the conduct resulted in the
H. R. 3199—48
death of any person, shall be subject also to the death penalty 
or to a term of imprisonment for a period up to life. 
‘‘(e) THREATS.—Whoever knowingly and intentionally imparts 
or conveys any threat to do an act which would violate this chapter, 
with an apparent determination and will to carry the threat into 
execution, shall be fined under this title or imprisoned not more 
than 5 years, or both, and is liable for all costs incurred as a 
result of such threat. 
‘‘§ 2292. Imparting or conveying false information 
‘‘(a) IN GENERAL.—Whoever imparts or conveys or causes to 
be imparted or conveyed false information, knowing the information 
to be false, concerning an attempt or alleged attempt being made 
or to be made, to do any act that would be a crime prohibited 
by this chapter or by chapter 111 of this title, shall be subject 
to a civil penalty of not more than $5,000, which shall be recoverable 
in a civil action brought in the name of the United States. 
‘‘(b) MALICIOUS CONDUCT.—Whoever knowingly, intentionally, 
maliciously, or with reckless disregard for the safety of human 
life, imparts or conveys or causes to be imparted or conveyed 
false information, knowing the information to be false, concerning 
an attempt or alleged attempt to do any act which would be a 
crime prohibited by this chapter or by chapter 111 of this title, 
shall be fined under this title or imprisoned not more than 5 
years. 
‘‘(c) JURISDICTION.—
‘‘(1) IN
GENERAL.—Except as provided under paragraph 
(2), section 2290(a) shall not apply to any offense under this 
section. 
‘‘(2) JURISDICTION.—Jurisdiction over an offense under this 
section shall be determined in accordance with the provisions 
applicable to the crime prohibited by this chapter, or by chapter 
111 of this title, to which the imparted or conveyed false 
information relates, as applicable. 
‘‘§ 2293. Bar to prosecution 
‘‘(a) IN GENERAL.—It is a bar to prosecution under this chapter 
if—
‘‘(1) the conduct in question occurred within the United 
States in relation to a labor dispute, and such conduct is 
prohibited as a felony under the law of the State in which 
it was committed; or 
‘‘(2) such conduct is prohibited as a misdemeanor, and 
not as a felony, under the law of the State in which it was 
committed. 
‘‘(b) DEFINITIONS.—In this section: 
‘‘(1) LABOR DISPUTE.—The term ‘labor dispute’ has the same 
meaning given that term in section 13(c) of the Act to amend 
the Judicial Code and to define and limit the jurisdiction of 
courts sitting in equity, and for other purposes (29 U.S.C. 
113(c), commonly known as the Norris-LaGuardia Act). 
‘‘(2) STATE.—The term ‘State’ means a State of the United 
States, the District of Columbia, and any commonwealth, terri-
tory, or possession of the United States.’’. 
(b) CONFORMING AMENDMENT.—The table of chapters at the 
beginning of title 18, United States Code, is amended by inserting 
after the item for chapter 111 the following: