105
‘‘(c) CONSULTATION WITH STANDARDS ORGANIZA-
TIONS.—In establishing national voluntary consensus 
standards for first responder equipment and training 
under this section, the Secretary shall consult with rel-
evant public and private sector groups, including—
‘‘(1) the National Institute of Standards and 
Technology; 
‘‘(2) the National Fire Protection Association; 
‘‘(3) the National Association of County and 
City Health Officials; 
‘‘(4) the Association of State and Territorial 
Health Officials; 
‘‘(5) the American National Standards Insti-
tute; 
‘‘(6) the National Institute of Justice; 
‘‘(7) the Inter-Agency Board for Equipment 
Standardization and Interoperability; 
‘‘(8) the National Public Health Performance 
Standards Program; 
‘‘(9) the National Institute for Occupational 
Safety and Health; 
‘‘(10) ASTM International; 
‘‘(11) the International Safety Equipment Asso-
ciation;
106
‘‘(12) the Emergency Management Accredita-
tion Program; and 
‘‘(13) to the extent the Secretary considers ap-
propriate, other national voluntary consensus stand-
ards development organizations, other interested 
Federal, State, and local agencies, and other inter-
ested persons. 
‘‘(d) COORDINATION WITH SECRETARY OF HHS.—
In establishing any national voluntary consensus stand-
ards under this section for first responder equipment or 
training that involve or relate to health professionals, in-
cluding emergency medical professionals, the Secretary 
shall coordinate activities under this section with the Sec-
retary of Health and Human Services.’’. 
(b) DEFINITION OF EMERGENCY RESPONSE PRO-
VIDERS.—Paragraph (6) of section 2 of the Homeland Se-
curity Act of 2002 (Public Law 107–296; 6 U.S.C. 
101(6)) is amended by striking ‘‘includes’’ and all that 
follows and inserting ‘‘includes Federal, State, and local 
governmental and nongovernmental emergency public 
safety, law enforcement, fire, emergency response, emer-
gency medical (including hospital emergency facilities), 
and related personnel, organizations, agencies, and au-
thorities.’’.
107
SEC. 129. OVERSIGHT. 
The Secretary of Homeland Security shall establish 
within the Office for Domestic Preparedness an Office of 
the Comptroller to oversee the grants distribution process 
and the financial management of the Office for Domestic 
Preparedness. 
SEC. 130. GAO REPORT ON AN INVENTORY AND STATUS OF 
HOMELAND SECURITY FIRST RESPONDER 
TRAINING. 
(a) IN GENERAL.—The Comptroller General of the 
United States shall report to the Congress in accordance 
with this section—
(1) on the overall inventory and status of first 
responder training programs of the Department of 
Homeland Security and other departments and 
agencies of the Federal Government; and 
(2) the extent to which such programs are co-
ordinated. 
(b) CONTENTS OF REPORTS.—The reports under this 
section shall include—
(1) an assessment of the effectiveness of the 
structure and organization of such training pro-
grams; 
(2) recommendations to—
108
(A) improve the coordination, structure, 
and organization of such training programs; 
and 
(B) increase the availability of training to 
first responders who are not able to attend cen-
tralized training programs; 
(3) the structure and organizational effective-
ness of such programs for first responders in rural 
communities; 
(4) identification of any duplication or redun-
dancy among such programs; 
(5) a description of the use of State and local 
training institutions, universities, centers, and the 
National Domestic Preparedness Consortium in de-
signing and providing training; 
(6) a cost-benefit analysis of the costs and time 
required for first responders to participate in train-
ing courses at Federal institutions; 
(7) an assessment of the approval process for 
certifying non-Department of Homeland Security 
training courses that are useful for anti-terrorism 
purposes as eligible for grants awarded by the De-
partment;
109
(8) a description of the use of Department of 
Homeland Security grant funds by States and local 
governments to acquire training; 
(9) an analysis of the feasibility of Federal, 
State, and local personnel to receive the training 
that is necessary to adopt the National Response 
Plan and the National Incident Management Sys-
tem; and 
(10) the role of each first responder training in-
stitution within the Department of Homeland Secu-
rity in the design and implementation of terrorism 
preparedness and related training courses for first 
responders. 
(c) DEADLINES.—The Comptroller General shall—
(1) submit a report under subsection (a)(1) by 
not later than 60 days after the date of the enact-
ment of this Act; and 
(2) submit a report on the remainder of the 
topics required by this section by not later than 120 
days after the date of the enactment of this Act. 
SEC. 131. REMOVAL OF CIVIL LIABILITY BARRIERS THAT 
DISCOURAGE THE DONATION OF FIRE EQUIP-
MENT TO VOLUNTEER FIRE COMPANIES. 
(a) LIABILITY PROTECTION.—A person who donates 
fire control or fire rescue equipment to a volunteer fire
110
company shall not be liable for civil damages under any 
State or Federal law for personal injuries, property dam-
age 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 in-
jury, damage, loss, or death constitutes gross neg-
ligence or intentional misconduct; or 
(2) the person is the manufacturer of the fire 
control or fire rescue equipment. 
(c) PREEMPTION.—This section preempts the laws of 
any State to the extent that such laws are inconsistent 
with this section, except that notwithstanding subsection 
(b) this section shall not preempt any State law that pro-
vides additional protection from liability for a person who 
donates fire control or fire rescue equipment to a volunteer 
fire company. 
(d) DEFINITIONS.—In this section: 
(1) PERSON.—The term ‘‘person’’ includes any 
governmental or other entity. 
(2) FIRE CONTROL OR RESCUE EQUIPMENT.—
The term ‘‘fire control or fire rescue equipment’’ in-
cludes any fire vehicle, fire fighting tool, communica-
111
tions equipment, protective gear, fire hose, or 
breathing apparatus. 
(3) STATE.—The term ‘‘State’’ includes the 
several States, the District of Columbia, the Com-
monwealth of Puerto Rico, the Commonwealth of the 
Northern Mariana Islands, American Samoa, Guam, 
the Virgin Islands, any other territory or possession 
of the United States, and any political subdivision of 
any such State, territory, or possession. 
(4) VOLUNTEER
FIRE
COMPANY.—The term 
‘‘volunteer fire company’’ means an association of 
individuals who provide fire protection and other 
emergency services, where at least 30 percent of the 
individuals receive little or no compensation com-
pared with an entry level full-time paid individual in 
that association or in the nearest such association 
with an entry level full-time paid individual. 
(e) EFFECTIVE DATE.—This section applies only to 
liability for injury, damage, loss, or death caused by equip-
ment that, for purposes of subsection (a), is donated on 
or after the date that is 30 days after the date of the 
enactment of this section. 
SEC. 132. REPORT BY ATTORNEY GENERAL. 
(a) REPORTS ON DATA-MINING ACTIVITIES.—
112
(1) REQUIREMENT FOR REPORT.—The Attor-
ney General shall collect the information described 
in paragraph (2) from the head of each department 
or agency of the Federal Government that is en-
gaged in any activity to use or develop data-mining 
technology and shall report to Congress on all such 
activities. 
(2) CONTENT OF REPORT.—A report submitted 
under paragraph (1) shall include, for each activity 
to use or develop data-mining technology that is re-
quired to be covered by the report, the following in-
formation: 
(A) A thorough description of the data-
mining technology and the data that will be 
used. 
(B) A thorough discussion of the plans for 
the use of such technology and the target dates 
for the deployment of the data-mining tech-
nology. 
(C) An assessment of the likely efficacy of 
the data-mining technology in providing accu-
rate and valuable information consistent with 
the stated plans for the use of the technology.
113
(D) An assessment of the likely impact of 
the implementation of the data-mining tech-
nology on privacy and civil liberties. 
(E) A list and analysis of the laws and 
regulations that govern the information to be 
collected, reviewed, gathered, and analyzed with 
the data-mining technology and a description of 
any modifications of such laws that will be re-
quired to use the information in the manner 
proposed under such program. 
(F) A thorough discussion of the policies, 
procedures, and guidelines that are to be devel-
oped and applied in the use of such technology 
for data-mining in order to—
(i) protect the privacy and due process 
rights of individuals; and 
(ii) ensure that only accurate informa-
tion is collected and used. 
(G) A thorough discussion of the proce-
dures allowing individuals whose personal infor-
mation will be used in the data-mining tech-
nology to be informed of the use of their per-
sonal information and what procedures are in 
place to allow for individuals to opt out of the
114
technology. If no such procedures are in place, 
a thorough explanation as to why not. 
(H) Any necessary classified information in 
an annex that shall be available to the Com-
mittee on the Judiciary of both the Senate and 
the House of Representatives. 
(3) TIME FOR REPORT.—The report required 
under paragraph (1) shall be—
(A) submitted not later than 180 days 
after the date of enactment of this Act; and 
(B) updated once a year to include any 
new data-mining technologies. 
(b) DEFINITIONS.—In this section: 
(1) DATA-MINING.—The term ‘‘data-mining’’ 
means a query or search or other analysis of 1 or 
more electronic databases, where—
(A) at least 1 of the databases was ob-
tained from or remains under the control of a 
non-Federal entity, or the information was ac-
quired initially by another department or agen-
cy of the Federal Government for purposes 
other than intelligence or law enforcement; 
(B) the search does not use a specific indi-
vidual’s personal identifiers to acquire informa-
tion concerning that individual; and
115
(C) a department or agency of the Federal 
Government is conducting the query or search 
or other analysis to find a pattern indicating 
terrorist or other criminal activity. 
(2) DATABASE.—The term ‘‘database’’ does not 
include telephone directories, information publicly 
available via the Internet or available by any other 
means to any member of the public without payment 
of a fee, or databases of judicial and administrative 
opinions. 
SEC. 133. SENSE OF CONGRESS. 
It is the sense of Congress that under section 981 
of title 18, United States Code, victims of terrorists at-
tacks should have access to the assets forfeited. 
TITLE II—TERRORIST DEATH 
PENALTY ENHANCEMENT 
SEC. 201. SHORT TITLE. 
This title may be cited as the ‘‘Terrorist Death Pen-
alty Enhancement Act of 2005’’. 
Subtitle A—Terrorist Penalties 
Enhancement Act 
SEC. 211. TERRORIST OFFENSE RESULTING IN DEATH. 
(a) NEW OFFENSE.—Chapter 113B of title 18, 
United States Code, is amended by adding at the end the 
following:
116
‘‘§ 2339E. Terrorist offenses resulting in death 
‘‘(a) Whoever, in the course of committing a terrorist 
offense, engages in conduct that results in the death of 
a person, shall be punished by death or imprisoned for 
any term of years or for life. 
‘‘(b) As used in this section, the term ‘terrorist of-
fense’ means—
‘‘(1) a Federal felony offense that is—
‘‘(A) a Federal crime of terrorism as de-
fined in section 2332b(g) except to the extent 
such crime is an offense under section 1363; or 
‘‘(B) an offense under this chapter, section 
175, 175b, 229, or 831, or section 236 of the 
Atomic Energy Act of 1954; or 
‘‘(2) a Federal offense that is an attempt or 
conspiracy to commit an offense described in para-
graph (1).’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 113B of title 18, United 
States Code, is amended by adding at the end the fol-
lowing new item:
‘‘2339E. Terrorist offenses resulting in death.’’.
SEC. 212. DENIAL OF FEDERAL BENEFITS TO TERRORISTS. 
(a) IN GENERAL.—Chapter 113B of title 18, United 
States Code, as amended by section 211 of this subtitle, 
is further amended by adding at the end the following:
117
‘‘§ 2339F. Denial of Federal benefits to terrorists 
‘‘(a) An individual or corporation who is convicted of 
a terrorist offense (as defined in section 2339E) shall, as 
provided by the court on motion of the Government, be 
ineligible for any or all Federal benefits for any term of 
years or for life. 
‘‘(b) As used in this section, the term ‘Federal ben-
efit’ has the meaning given that term in section 421(d) 
of the Controlled Substances Act, and also includes any 
assistance or benefit described in section 115(a) of the 
Personal Responsibility and Work Opportunity Reconcili-
ation Act of 1996, with the same limitations and to the 
same extent as provided in section 115 of that Act with 
respect to denials of benefits and assistance to which that 
section applies.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of the chapter 113B of title 18, United 
States Code, as amended by section 211 of this subtitle, 
is further amended by adding at the end the following new 
item:
‘‘2339E. Denial of federal benefits to terrorists.’’.
118
SEC. 213. DEATH PENALTY PROCEDURES FOR CERTAIN AIR 
PIRACY CASES OCCURRING BEFORE ENACT-
MENT OF THE FEDERAL DEATH PENALTY 
ACT OF 1994. 
Section 60003 of the Violent Crime Control and Law 
Enforcement Act of 1994, (Public Law 103–322), is 
amended, as of the time of its enactment, by adding at 
the end the following: 
‘‘(c) DEATH PENALTY PROCEDURES FOR CERTAIN 
PREVIOUS AIRCRAFT PIRACY VIOLATIONS.—An individual 
convicted of violating section 46502 of title 49, United 
States Code, or its predecessor, may be sentenced to death 
in accordance with the procedures established in chapter 
228 of title 18, United States Code, if for any offense com-
mitted before the enactment of the Violent Crime Control 
and Law Enforcement Act of 1994 (Public Law 103–322), 
but after the enactment of the Antihijacking Act of 1974 
(Public Law 93–366), it is determined by the finder of 
fact, before consideration of the factors set forth in sec-
tions 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 Govern-
ment 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
119
proven by the defendant to exist, by a preponderance of 
the information. The meaning of the term ‘especially hei-
nous, 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 add-
ing the limiting language ‘in that it involved torture or 
serious physical abuse to the victim’, and shall be con-
strued as when that term is used in section 3592(c)(6) 
of title 18, United States Code.’’. 
SEC. 214. ENSURING DEATH PENALTY FOR TERRORIST OF-
FENSES WHICH CREATE GRAVE RISK OF 
DEATH. 
(a) ADDITION OF TERRORISM TO DEATH PENALTY 
OFFENSES
NOT
RESULTING
IN
DEATH.—Section 
3591(a)(1) of title 18, United States Code, is amended 
by inserting ‘‘, section 2339E,’’ after ‘‘section 794’’. 
(b) MODIFICATION OF AGGRAVATING FACTORS FOR 
TERRORISM OFFENSES.—Section 3592(b) of title 18, 
United States Code, is amended—
(1) in the heading, by inserting ‘‘, terrorism,’’ 
after ‘‘espionage’’; and 
(2) by inserting immediately after paragraph 
(3) the following: 
‘‘(4) SUBSTANTIAL PLANNING.—The defendant 
committed the offense after substantial planning.’’.
120
SEC. 215. POSTRELEASE SUPERVISION OF TERRORISTS. 
Section 3583(j) of title 18, United States Code, is 
amended in subsection (j), by striking ‘‘, the commission’’ 
and all that follows through ‘‘person,’’ . 
Subtitle B—Prevention of Terrorist 
Access to Destructive Weapons Act 
SEC. 221. DEATH PENALTY FOR CERTAIN TERROR RE-
LATED CRIMES. 
(a) PARTICIPATION IN NUCLEAR AND WEAPONS OF 
MASS
DESTRUCTION
THREATS
TO
THE
UNITED 
STATES.—Section 832(c) of title 18, United States Code, 
is amended by inserting ‘‘punished by death or’’ after 
‘‘shall be’’. 
(b) MISSILE SYSTEMS TO DESTROY AIRCRAFT.—Sec-
tion 2332g(c)(3) of title 18, United States Code, is 
amended by inserting ‘‘punished by death or’’ after ‘‘shall 
be’’. 
(c) ATOMIC WEAPONS.—Section 222b.of the Atomic 
Energy Act of 1954 (42 U.S.C. 2272) is amended by in-
serting ‘‘death or’’ before ‘‘imprisonment for life’’. 
(d) RADIOLOGICAL DISPERSAL DEVICES.—Section 
2332h(c)(3) of title 18, United States Code, is amended 
by inserting ‘‘death or’’ before ‘‘imprisonment for life’’. 
(e) VARIOLA VIRUS.—Section 175c(c)(3) of title 18, 
United States Code, is amended by inserting ‘‘death or’’ 
before ‘‘imprisonment for life’’.
121
Subtitle C—Federal Death Penalty 
Procedures 
SEC. 231. MODIFICATION OF DEATH PENALTY PROVISIONS. 
(a) ELIMINATION
OF
PROCEDURES
APPLICABLE 
ONLY
TO
CERTAIN
CONTROLLED
SUBSTANCES
ACT 
CASES.—Section 408 of the Controlled Substances Act 
(21 U.S.C. 848) is amended—
(1) in subsection (e)(2), by striking ‘‘(1)(b)’’ 
and inserting (1)(B); 
(2) by striking subsection (g) and all that fol-
lows through subsection (p); 
(3) by striking subsection (r); and 
(4) in subsection (q), by striking paragraphs 
(1) through (3). 
(b) MODIFICATION OF MITIGATING FACTORS.—Sec-
tion 3592(a)(4) of title 18, United States Code, is amend-
ed—
(1) by striking ‘‘Another’’ and inserting ‘‘The 
Government could have, but has not, sought the 
death penalty against another’’; and 
(2) by striking ‘‘, will not be punished by 
death’’. 
(c) MODIFICATION OF AGGRAVATING FACTORS FOR 
OFFENSES RESULTING IN DEATH.—Section 3592(c) of 
title 18, United States Code, is amended—
122
(1) in paragraph (7), by inserting ‘‘or by cre-
ating the expectation of payment,’’ after ‘‘or promise 
of payment,’’; 
(2) in paragraph (1), by inserting ‘‘section 
2339E (terrorist offenses resulting in death),’’ after 
‘‘destruction),’’; 
(3) by inserting immediately after paragraph 
(16) the following: 
‘‘(17) OBSTRUCTION OF JUSTICE.—The defend-
ant engaged in any conduct resulting in the death of 
another person in order to obstruct investigation or 
prosecution of any offense.’’. 
(d) ADDITIONAL GROUND FOR IMPANELING NEW 
JURY.—Section 3593(b)(2) of title 18, United States 
Code, is amended—
(1) by striking ‘‘or’’ at the end of subparagraph 
(C); 
(2) by inserting after subparagraph (D) the fol-
lowing: 
‘‘(E) a new penalty hearing is necessary 
due to the inability of the jury to reach a unan-
imous penalty verdict as required by section 
3593(e); or’’. 
(e) JURIES
OF LESS THAN 12 MEMBERS.—Sub-
section (b) of section 3593 of title 18, United States Code,