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against maritime navigation),’’ after ‘‘section 1344 
(relating to bank fraud),’’; and 
(5) by inserting ‘‘section 2340A (relating to tor-
ture),’’ after ‘‘section 2321 (relating to trafficking in 
certain motor vehicles or motor vehicle parts),’’. 
(b) 
PARAGRAPH
(p) 
AMENDMENT.—Section 
2516(1)(p) is amended by inserting ‘‘, section 1028A (re-
lating to aggravated identity theft)’’ after ‘‘other docu-
ments’’. 
(c) 
PARAGRAPH
(q) 
AMENDMENT.—Section 
2516(1)(q) of title 18 United States Code is amended—
(1) by inserting ‘‘2339’’ after ‘‘2232h’’; and 
(2) by inserting ‘‘2339D’’ after ‘‘2339C’’. 
SEC. 114. DEFINITION OF PERIOD OF REASONABLE DELAY 
UNDER SECTION 213 OF THE USA PATRIOT 
ACT. 
Section 3103a(b)(3) of title 18, United States Code, 
is amended—
(1) by striking ‘‘of its’’ and inserting ‘‘, which 
shall not be more than 180 days, after its’’; and 
(2) by inserting ‘‘for additional periods of not 
more than 90 days each’’ after ‘‘may be extended’’.
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SEC. 115. 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 trans-
portation systems on land, on water, or 
through the air 
‘‘(a) GENERAL PROHIBITIONS.—Whoever, in a cir-
cumstance described in subsection (c), knowingly—
‘‘(1) wrecks, derails, sets fire to, or disables 
railroad on-track equipment or a mass transpor-
tation vehicle; 
‘‘(2) with intent to endanger the safety of any 
person, or with a reckless disregard for the safety of 
human life, and without the authorization of the 
railroad carrier or mass transportation provider—
‘‘(A) places any biological agent or toxin, 
destructive substance, or destructive device in, 
upon, or near railroad on-track equipment or a 
mass transportation vehicle; or 
‘‘(B) releases a hazardous material or a bi-
ological agent or toxin on or near any property 
described in subparagraph (A) or (B) of para-
graph (3);
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‘‘(3) sets fire to, undermines, makes unwork-
able, unusable, or hazardous to work on or use, or 
places any biological agent or toxin, destructive sub-
stance, or destructive device in, upon, or near any—
‘‘(A) tunnel, bridge, viaduct, trestle, track, 
electromagnetic guideway, signal, station, depot, 
warehouse, terminal, or any other way, struc-
ture, property, or appurtenance used in the op-
eration of, or in support of the operation of, a 
railroad carrier, without the authorization of 
the railroad carrier, and with intent to, or 
knowing or having reason to know such activity 
would likely, derail, disable, or wreck railroad 
on-track equipment; 
‘‘(B) garage, terminal, structure, track, 
electromagnetic guideway, supply, or facility 
used in the operation of, or in support of the 
operation of, a mass transportation vehicle, 
without the authorization of the mass transpor-
tation provider, and with intent to, or knowing 
or having reason to know such activity would 
likely, derail, disable, or wreck a mass transpor-
tation vehicle used, operated, or employed by a 
mass transportation provider; or
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‘‘(4) removes an appurtenance from, damages, 
or otherwise impairs the operation of a railroad sig-
nal system or mass transportation signal or dis-
patching system, including a train control system, 
centralized dispatching system, or highway-railroad 
grade crossing warning signal, without authorization 
from the railroad carrier or mass transportation pro-
vider; 
‘‘(5) with intent to endanger the safety of any 
person, or with a reckless disregard for the safety of 
human life, interferes with, disables, or incapacitates 
any dispatcher, driver, captain, locomotive engineer, 
railroad conductor, or other person while the person 
is employed in dispatching, operating, or maintain-
ing railroad on-track equipment or a mass transpor-
tation vehicle; 
‘‘(6) commits an act, including the use of a 
dangerous weapon, with the intent to cause death or 
serious bodily injury to any person who is on prop-
erty described in subparagraph (A) or (B) of para-
graph (3), except that this subparagraph shall not 
apply to rail police officers acting in the course of 
their law enforcement duties under section 28101 of 
title 49, United States Code;
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‘‘(7) conveys false information, knowing the in-
formation to be false, concerning an attempt or al-
leged attempt that was made, is being made, or is 
to be made, to engage in a violation of this sub-
section; or 
‘‘(8) attempts, threatens, or conspires to engage 
in any violation of any of paragraphs (1) through 
(7), 
shall be fined under this title or imprisoned not more than 
20 years, or both. 
‘‘(b) AGGRAVATED OFFENSE.—Whoever commits an 
offense under subsection (a) of this section in a cir-
cumstance in which—
‘‘(1) the railroad on-track equipment or mass 
transportation vehicle was carrying a passenger or 
employee at the time of the offense; 
‘‘(2) the railroad on-track equipment or mass 
transportation vehicle was carrying high-level radio-
active waste or spent nuclear fuel at the time of the 
offense; 
‘‘(3) the railroad on-track equipment or mass 
transportation vehicle was carrying a hazardous ma-
terial at the time of the offense that—
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‘‘(A) was required to be placarded under 
subpart F of part 172 of title 49, Code of Fed-
eral 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 haz-
ardous materials table of section 172.101 of 
title 49, Code of Federal Regulations; or 
‘‘(4) the offense results in the death of any per-
son, 
shall be fined under this title or imprisoned for any term 
of years or life, or both. In the case of a violation described 
in paragraph (2) of this subsection, the term of imprison-
ment shall be not less than 30 years; and, in the case of 
a violation described in paragraph (4) of this subsection, 
the offender shall be fined under this title and imprisoned 
for life and be subject to the death penalty. 
‘‘(c) CIRCUMSTANCES REQUIRED FOR OFFENSE.—A 
circumstance referred to in subsection (a) is any of the 
following: 
‘‘(1) Any of the conduct required for the offense 
is, or, in the case of an attempt, threat, or con-
spiracy to engage in conduct, the conduct required 
for the completed offense would be, engaged in, on, 
against, or affecting a mass transportation provider
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or railroad carrier engaged in or affecting interstate 
or foreign commerce. 
‘‘(2) Any person travels or communicates across 
a State line in order to commit the offense, or trans-
ports materials across a State line in aid of the com-
mission 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, in-
cluding a pocket knife with a blade of more than 21⁄2 
inches in length and a box cutter; 
‘‘(3) the term ‘destructive device’ has the mean-
ing 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 radio-
active 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
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medical, industrial, research, or other peaceful pur-
poses; 
‘‘(5) the term ‘hazardous material’ has the 
meaning given to that term in chapter 51 of title 49; 
‘‘(6) the term ‘high-level radioactive waste’ has 
the meaning given to that term in section 2(12) of 
the Nuclear Waste Policy Act of 1982 (42 U.S.C. 
10101(12)); 
‘‘(7) the term ‘mass transportation’ has the 
meaning given to that term in section 5302(a)(7) of 
title 49, except that the term includes school bus, 
charter, and sightseeing transportation; 
‘‘(8) the term ‘on-track equipment’ means a 
carriage or other contrivance that runs on rails or 
electromagnetic guideways; 
‘‘(9) the term ‘railroad on-track equipment’ 
means a train, locomotive, tender, motor unit, 
freight or passenger car, or other on-track equip-
ment used, operated, or employed by a railroad car-
rier; 
‘‘(10) the term ‘railroad’ has the meaning given 
to that term in chapter 201 of title 49; 
‘‘(11) the term ‘railroad carrier’ has the mean-
ing given to that term in chapter 201 of title 49;
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‘‘(12) the term ‘serious bodily injury’ has the 
meaning given to that term in section 1365; 
‘‘(13) the term ‘spent nuclear fuel’ has the 
meaning given to that term in section 2(23) of the 
Nuclear Waste Policy Act of 1982 (42 U.S.C. 
10101(23)); 
‘‘(14) the term ‘State’ has the meaning given to 
that term in section 2266; 
‘‘(15) the term ‘toxin’ has the meaning given to 
that term in section 178(2); and 
‘‘(16) the term ‘vehicle’ means any carriage or 
other contrivance used, or capable of being used, as 
a means of transportation on land, on water, or 
through the air.’’. 
(b) CONFORMING AMENDMENTS.—
(1) The table of sections at the beginning of 
chapter 97 of title 18, United States Code, is 
amended—
(A) by striking ‘‘RAILROADS’’ in the 
chapter heading and inserting ‘‘RAILROAD 
CARRIERS AND MASS TRANSPOR-
TATION SYSTEMS ON LAND, ON 
WATER, OR THROUGH THE AIR’’; 
(B) by striking the items relating to sec-
tions 1992 and 1993; and
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(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 in-
serting 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 strik-
ing ‘‘1992 (relating to wrecking trains), 1993 
(relating to terrorist attacks and other acts of 
violence against mass transportation systems),’’ 
and inserting ‘‘1992 (relating to terrorist at-
tacks and other acts of violence against railroad 
carriers and against mass transportation sys-
tems on land, on water, or through the air),’’; 
(B) in section 2339A, by striking ‘‘1993,’’; 
and 
(C) in section 2516(1)(c) by striking 
‘‘1992 (relating to wrecking trains),’’ and in-
serting ‘‘1992 (relating to terrorist attacks and 
other acts of violence against railroad carriers
HR 3199 RDS 
and against mass transportation systems on 
land, on water, or through the air),’’. 
SEC. 116. JUDICIAL REVIEW OF NATIONAL SECURITY LET-
TERS. 
Chapter 223 of title 18, United States Code, is 
amended—
(1) by inserting at the end of the table of sec-
tions the following new item:
‘‘3511. Judicial review of requests for information.’’;
and 
(2) by inserting after section 3510 the fol-
lowing: 
‘‘§ 3511. Judicial review of requests for information 
‘‘(a) The recipient of a request for records, a report, 
or other information under section 2709(b) of this title, 
section 625(a) or (b) or 626(a) of the Fair Credit Report-
ing Act, section 1114(a)(5)(A) of the Right to Financial 
Privacy Act, or section 802(a) of the National Security 
Act of 1947 may, in the United States district court for 
the district in which that person or entity does business 
or resides, petition for an order modifying or setting aside 
the request. The court may modify or set aside the request 
if compliance would be unreasonable or oppressive. 
‘‘(b) The recipient of a request for records, a report, 
or other information under section 2709(b) of this title, 
section 625(a) or (b) or 626(a) of the Fair Credit Report-
HR 3199 RDS 
ing 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 sub-
section (a) for an order modifying or setting aside a non-
disclosure requirement imposed in connection with such a 
request. 
‘‘(1) If the petition is filed within one year of 
the request for records, a report, or other informa-
tion under section 2709(b) of this title, section 
625(a) or (b) or 626(a) of the Fair Credit Reporting 
Act, section 1114(a)(5)(A) of the Right to Financial 
Privacy Act, or section 802(a) of the National Secu-
rity Act of 1947, the court may modify or set aside 
such a nondisclosure requirement if it finds that 
there is no reason to believe that disclosure may en-
danger the national security of the United States, 
interfere with a criminal, counterterrorism, or coun-
terintelligence investigation, interfere with diplo-
matic relations, or endanger the life or physical safe-
ty of any person. The certification made at the time 
of the request that disclosure may endanger of the 
national security of the United States or interfere 
with diplomatic relations shall be treated as conclu-
sive unless the court finds that the certification was 
made in bad faith.
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‘‘(2) If the petition is filed one year or more 
after the request for records, a report, or other in-
formation under section 2709(b) of this title, section 
625(a) or (b) or 626(a) of the Fair Credit Reporting 
Act, section 1114 (a)(5)(A) of the Right to Finan-
cial Privacy Act, or section 802(a) of the National 
Security Act of 1947, the issuing officer, within 
ninety days of the filing of the petition, shall either 
terminate the nondisclosure requirement or re-certify 
that disclosure may result a danger to the national 
security of the United States, interference with a 
criminal, counterterrorism, or counterintelligence in-
vestigation, interference with diplomatic relations, or 
danger to the life or physical safety of any person. 
In the event or re-certification, the court may modify 
or set aside such a nondisclosure requirement if it 
finds that there is no reason to believe that disclo-
sure may endanger the national security of the 
United 
States, 
interfere 
with 
a 
criminal, 
counterterrorism, or counterintelligence investiga-
tion, interfere with diplomatic relations, or endanger 
the life or physical safety of any person. The re-cer-
tification that disclosure may endanger of the na-
tional security of the United States or interfere with 
diplomatic relations shall be treated as conclusive
HR 3199 RDS 
unless the court finds that the re-certification was 
made in bad faith. If the court denies a petition for 
an order modifying or setting aside a nondisclosure 
requirement under this paragraph, the recipient 
shall be precluded for a period of one year from fil-
ing another petition to modify or set aside such non-
disclosure requirement. 
‘‘(c) In the case of a failure to comply with a request 
for records, a report, or other information made to any 
person or entity under section 2709(b) of this title, section 
625(a) or (b) or 626(a) of the Fair Credit Reporting Act, 
section 1114(a)(5)(A) of the Right to Financial Privacy 
Act, or section 802(a) of the National Security Act of 
1947, the Attorney General may invoke the aid of any 
court of the United States within the jurisdiction in which 
the investigation is carried on or the person or entity re-
sides, 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,
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the court must close any hearing to the extent necessary 
to prevent an unauthorized disclosure of a request for 
records, a report, or other information made to any person 
or entity under section 2709(b) of this title, section 625(a) 
or (b) or 626(a) of the Fair Credit Reporting Act, section 
1114(a)(5)(A) of the Right to Financial Privacy Act, or 
section 802(a) of the National Security Act of 1947. Peti-
tions, 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 625(a) 
or (b) or 626(a) of the Fair Credit Reporting Act, section 
1114(a)(5)(A) of the Right to Financial Privacy Act, or 
section 802(a) of the National Security Act of 1947. 
‘‘(e) In all proceedings under this section, the court 
shall, upon the Federal Government’s request, review the 
submission of the Government, which may include classi-
fied information, ex parte and in camera.’’. 
SEC. 117. CONFIDENTIALITY OF NATIONAL SECURITY LET-
TERS. 
(a) Section 2709(c) of title 18, United States Code, 
is amended to read: 
‘‘(c) PROHIBITION OF CERTAIN DISCLOSURE.—
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‘‘(1) If the Director of the Federal Bureau of 
Investigation, or his designee in a position not lower 
than Deputy Assistant Director at Bureau head-
quarters 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 in-
vestigation, interference with diplomatic relations, or 
danger to the life or physical safety of any person, 
no wire or electronic communications service pro-
vider, or officer, employee, or agent thereof, shall 
disclose to any person (other than those to whom 
such disclosure is necessary in order to comply with 
the request or an attorney to obtain legal advice 
with respect to the request) that the Federal Bureau 
of Investigation has sought or obtained access to in-
formation or records under this section. 
‘‘(2) The request shall notify the person or enti-
ty to whom the request is directed of the nondisclo-
sure requirement under paragraph (1). 
‘‘(3) Any recipient disclosing to those persons 
necessary to comply with the request or to an attor-
ney to obtain legal advice with respect to the request 
shall inform such person of any applicable nondisclo-
HR 3199 RDS 
sure requirement. Any person who receives a disclo-
sure under this subsection shall be subject to the 
same prohibitions on disclosure under paragraph 
(1).’’. 
(b) Section 625(d) of the Fair Credit Reporting Act 
(15 U.S.C. 1681u(d)) is amended to read: 
‘‘(d) CONFIDENTIALITY.—
‘‘(1) If the Director of the Federal Bureau of 
Investigation, or his designee in a position not lower 
than Deputy Assistant Director at Bureau head-
quarters 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 in-
vestigation, interference with diplomatic relations, or 
danger to the life or physical safety of any person, 
no consumer reporting agency or officer, employee, 
or agent of a consumer reporting agency shall dis-
close to any person (other than those to whom such 
disclosure is necessary in order to comply with the 
request or an attorney to obtain legal advice with re-
spect to the request) that the Federal Bureau of In-
vestigation has sought or obtained the identity of fi-
nancial institutions or a consumer report respecting
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any consumer under subsection (a), (b), or (c), and 
no consumer reporting agency or officer, employee, 
or agent of a consumer reporting agency shall in-
clude in any consumer report any information that 
would indicate that the Federal Bureau of Investiga-
tion has sought or obtained such information on a 
consumer report. 
‘‘(2) The request shall notify the person or enti-
ty to whom the request is directed of the nondisclo-
sure requirement under paragraph (1). 
‘‘(3) Any recipient disclosing to those persons 
necessary to comply with the request or to an attor-
ney to obtain legal advice with respect to the request 
shall inform such persons of any applicable non-
disclosure requirement. Any person who receives a 
disclosure under this subsection shall be subject to 
the same prohibitions on disclosure under paragraph 
(1).’’. 
(c) Section 626(c) of the Fair Credit Reporting Act 
(15 U.S.C. 1681v(c)) is amended to read: 
‘‘(c) CONFIDENTIALITY.—
‘‘(1) If the head of a government agency au-
thorized to conduct investigations or, or intelligence 
or counterintelligence activities or analysis related 
to, international terrorism, or his designee, certifies
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that otherwise there may result a danger to the na-
tional security of the United States, interference 
with a criminal, counterterrorism, or counterintel-
ligence investigation, interference with diplomatic re-
lations, or danger to the life or physical safety of 
any person, no consumer reporting agency or officer, 
employee, or agent of such consumer reporting agen-
cy, shall disclose to any person (other than those to 
whom such disclosure is necessary in order to com-
ply with the request or an attorney to obtain legal 
advice with respect to the request), or specify in any 
consumer report, that a government agency has 
sought or obtained access to information under sub-
section (a). 
‘‘(2) The request shall notify the person or enti-
ty to whom the request is directed of the nondisclo-
sure requirement under paragraph (1). 
‘‘(3) Any recipient disclosing to those persons 
necessary to comply with the request or to any attor-
ney to obtain legal advice with respect to the request 
shall inform such persons of any applicable non-
disclosure requirement. Any person who receives a 
disclosure under this subsection shall be subject to 
the same prohibitions on disclosure under paragraph 
(1).’’.
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(d) Section 1114(a)(5)(D) of the Right to Financial 
Privacy Act (12 U.S.C. 3414(a)(5)(D)) is amended to 
read: 
‘‘(D) PROHIBITION
OF
CERTAIN
DISCLO-
SURE.—
‘‘(i) If the Director of the Federal Bu-
reau of Investigation, or his designee in a 
position not lower than Deputy Assistant 
Director at Bureau headquarters or a Spe-
cial Agent in Charge in a Bureau field of-
fice 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 in-
vestigation, interference with diplomatic re-
lations, or danger to the life or physical 
safety of any person, no financial institu-
tion, or officer, employee, or agent of such 
institution, shall disclose to any person 
(other than those to whom such disclosure 
is necessary in order to comply with the re-
quest or an attorney to obtain legal advice 
with respect to the request) that the Fed-
eral Bureau of Investigation has sought or
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obtained access to a customer’s or entity’s 
financial records under paragraph (5). 
‘‘(ii) The request shall notify the per-
son or entity to whom the request is di-
rected of the nondisclosure requirement 
under paragraph (1). 
‘‘(iii) Any recipient disclosing to those 
persons necessary to comply with the re-
quest or to an attorney to obtain legal ad-
vice with respect to the request shall in-
form such persons of any applicable non-
disclosure requirement. Any person who re-
ceives a disclosure under this subsection 
shall be subject to the same prohibitions on 
disclosure under paragraph (1).’’. 
(e) Section 802(b) of the National Security Act of 
1947 (50 U.S.C. 436(b)) is amended to read as follows: 
‘‘(b) PROHIBITION OF CERTAIN DISCLOSURE.—
‘‘(1) If an authorized investigative agency de-
scribed in subsection (a) certifies that otherwise 
there may result a danger to the national security of 
the United States, interference with a criminal, 
counterterrorism, or counterintelligence investiga-
tion, interference with diplomatic relations, or dan-
ger to the life or physical safety of any person, no
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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 nec-
essary in order to comply with the request or an at-
torney to obtain legal advice with respect to the re-
quest) that such entity has received or satisfied a re-
quest made by an authorized investigative agency 
under this section. 
‘‘(2) The request shall notify the person or enti-
ty to whom the request is directed of the nondisclo-
sure requirement under paragraph (1). 
‘‘(3) Any recipient disclosing to those persons 
necessary to comply with the request or to an attor-
ney to obtain legal advice with respect to the request 
shall inform such persons of any applicable non-
disclosure requirement. Any person who receives a 
disclosure under this subsection shall be subject to 
the same prohibitions on disclosure under paragraph 
(1).’’. 
SEC. 118. VIOLATIONS OF NONDISCLOSURE PROVISIONS OF 
NATIONAL SECURITY LETTERS. 
Section 1510 of title 18, United States Code, is 
amended by adding at the end the following: 
‘‘(e) Whoever knowingly violates section 2709(c)(1) 
of this title, sections 625(d) or 626(c) of the Fair Credit
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Reporting Act (15 U.S.C. 1681u(d) or 1681v(c)), section 
1114(a)(3) or 1114(a)(5)(D) of the Right to Financial 
Privacy Act (12 U.S.C. 3414(a)(3) or 3414(a)(5)(D)), or 
section 802(b) of the National Security Act of 1947 (50 
U.S.C. 436(b)) shall be imprisoned for not more than one 
year, and if the violation is committed with the intent to 
obstruct an investigation or judicial proceeding, shall be 
imprisoned for not more than five years.’’. 
SEC. 119. REPORTS. 
Any report made to a committee of Congress regard-
ing national security letters under section 2709(c)(1) of 
title 18, United States Code, sections 625(d) or 626(c) 
of the Fair Credit Reporting Act (15 U.S.C. 1681u(d) or 
1681v(c)), section 1114(a)(3) or 1114(a)(5)(D) of the 
Right to Financial Privacy Act (12 U.S.C. 3414(a)(3) or 
3414(a)(5)(D)), or section 802(b) of the National Security 
Act of 1947 (50 U.S.C. 436(b)) shall also be made to the 
Committees on the Judiciary of the House of Representa-
tives and the Senate. 
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 by striking ‘‘section 2331’’ each place it ap-
pears and inserting ‘‘2332b(g)(5)(B)’’.
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SEC. 121. LIMITATION ON AUTHORITY TO DELAY NOTICE. 
(a) IN GENERAL.—Section 3103a(b)(1) of title 18, 
United States Code, is amended by inserting ‘‘, except if 
the adverse results consists only of unduly delaying a 
trial’’ after ‘‘2705’’. 
(b) REPORTING REQUIREMENT.—Section 3103a of 
title 18, United States Code, is amended by adding at the 
end the following: 
‘‘(c) REPORTS.—On an annual basis, the Administra-
tive Office of the United States Courts shall report to the 
Committees on the Judiciary of the House of Representa-
tives and the Senate the number of search warrants grant-
ed during the reporting period, and the number of delayed 
notices authorized during that period, indicating the ad-
verse result that occasioned that delay.’’. 
SEC. 122. INTERCEPTION OF COMMUNICATIONS. 
Section 2516(1) of title 18, United States Code, is 
amended—
(1) in paragraph (c)—
(A) by inserting before ‘‘section 201 (brib-
ery of public officials and witnesses)’’ the fol-
lowing: ‘‘section 81 (arson within special mari-
time and territorial jurisdiction),’’; 
(B) by inserting before ‘‘subsection (d), 
(e), (f), (g), (h), or (i) of section 844 (unlawful 
use of explosives)’’ the following: ‘‘subsections
HR 3199 RDS 
(m) or (n) of section 842 (relating to plastic ex-
plosives),’’; and 
(C) by inserting before ‘‘section 1992 (re-
lating to wrecking trains)’’ the following: ‘‘, sec-
tion 930(c) (relating to attack on federal facil-
ity with firearm), section 956 (conspiracy to 
harm persons or property overseas),’’; and 
(2) in paragraph (j)—
(A) by striking ‘‘or’’ before ‘‘section 46502 
(relating to aircraft piracy)’’ and inserting a 
comma after ‘‘section 60123(b) (relating to the 
destruction of a natural gas pipeline’’; and 
(B) by inserting ‘‘, the second sentence of 
section 46504 (relating to assault on a flight 
crew with dangerous weapon), or section 
46505(b)(3) or (c) (relating to explosive or in-
cendiary devices, or endangerment of human 
life, by means of weapons on aircraft)’’ before 
of ‘‘title 49’’. 
SEC. 123. PENAL PROVISIONS REGARDING TRAFFICKING IN 
CONTRABAND CIGARETTES OR SMOKELESS 
TOBACCO. 
(a) THRESHOLD QUANTITY
FOR TREATMENT
AS 
CONTRABAND CIGARETTES.—(1) Section 2341(2) of title
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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 strik-
ing ‘‘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) Sec-
tion 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 con-
sumer-sized cans or packages of smokeless tobacco,
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or their equivalent, that are in the possession of any 
person other than—
‘‘(A) a person holding a permit issued pur-
suant to chapter 52 of the Internal Revenue 
Code of 1986 as manufacturer of tobacco prod-
ucts or as an export warehouse proprietor, a 
person operating a customs bonded warehouse 
pursuant to section 311 or 555 of the Tariff 
Act of 1930 (19 U.S.C. 1311, 1555), or an 
agent of such person; 
‘‘(B) a common carrier transporting such 
smokeless tobacco under a proper bill of lading 
or freight bill which states the quantity, source, 
and designation of such smokeless tobacco; 
‘‘(C) a person who—
‘‘(i) is licensed or otherwise author-
ized by the State where such smokeless to-
bacco is found to engage in the business of 
selling or distributing tobacco products; 
and 
‘‘(ii) has complied with the account-
ing, tax, and payment requirements relat-
ing to such license or authorization with 
respect to such smokeless tobacco; or
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‘‘(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 insert-
ing ‘‘or contraband smokeless tobacco’’ after ‘‘contraband 
cigarettes’’. 
(3) Section 2343(a) of that title is amended by insert-
ing ‘‘, 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 insert-
ing ‘‘or contraband smokeless tobacco’’ after ‘‘contraband 
cigarettes’’. 
(5) Section 2345 of that title is amended by inserting 
‘‘or smokeless tobacco’’ after ‘‘cigarettes’’ each place it ap-
pears. 
(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
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or local cigarette taxes in the State or locality where such 
cigarettes are found, if the State or local government’’. 
(c) RECORDKEEPING, REPORTING, AND
INSPEC-
TION.—Section 2343 of that title, as amended by this sec-
tion, is further amended—
(1) in subsection (a)—
(A) in the matter preceding paragraph (1), 
by striking ‘‘only—’’ and inserting ‘‘such infor-
mation as the Attorney General considers ap-
propriate for purposes of enforcement of this 
chapter, including—’’; and 
(B) in the flush matter following para-
graph (3), by striking the second sentence; 
(2) by redesignating subsection (b) as sub-
section (c); 
(3) by inserting after subsection (a) the fol-
lowing new subsection (b): 
‘‘(b) Any person, except for a tribal government, who 
engages in a delivery sale, and who ships, sells, or distrib-
utes 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 Gen-
eral, pursuant to rules or regulations prescribed by the 
Attorney General, a report that sets forth the following:
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‘‘(1) The person’s beginning and ending inven-
tory of cigarettes and cans or packages of smokeless 
tobacco (in total) for such month. 
‘‘(2) The total quantity of cigarettes and cans 
or packages of smokeless tobacco that the person re-
ceived within such month from each other person 
(itemized by name and address). 
‘‘(3) The total quantity of cigarettes and cans 
or packages of smokeless tobacco that the person 
distributed within such month to each person 
(itemized by name and address) other than a retail 
purchaser.’’; and 
(4) by adding at the end the following new sub-
sections: 
‘‘(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 gen-
eral and the tax administrators of the States from where 
the shipments, deliveries, or distributions both originated 
and concluded. 
‘‘(e) In this section, the term ‘delivery sale’ means 
any sale of cigarettes or smokeless tobacco in interstate 
commerce to a consumer if—
‘‘(1) the consumer submits the order for such 
sale by means of a telephone or other method of
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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 de-
livered by use of the mails, common carrier, private 
delivery service, or any other means where the con-
sumer is not in the same physical location as the 
seller when the consumer obtains physical possession 
of the cigarettes or smokeless tobacco. 
‘‘(f) In this section, the term ‘interstate commerce’ 
means commerce between a State and any place outside 
the State, or commerce between points in the same State 
but through any place outside the State.’’. 
(d) DISPOSAL OR USE OF FORFEITED CIGARETTES 
AND SMOKELESS TOBACCO.—Section 2344(c) of that 
title, as amended by this section, is further amended by 
striking ‘‘seizure and forfeiture,’’ and all that follows and 
inserting ‘‘seizure and forfeiture, and any cigarettes or 
smokeless tobacco so seized and forfeited shall be either—
‘‘(1) destroyed and not resold; or 
‘‘(2) used for undercover investigative oper-
ations for the detection and prosecution of crimes, 
and then destroyed and not resold.’’.
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(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 interstate compact or otherwise, to provide 
for the administration of State’’ and inserting ‘‘of 
State or local governments, through interstate com-
pact or otherwise, to provide for the administration 
of State or local’’. 
(f) ENFORCEMENT.—Section 2346 of that title is 
amended—
(1) by inserting ‘‘(a)’’ before ‘‘The Attorney 
General’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(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
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the Internal 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 control-
ling such person), including civil penalties, money dam-
ages, 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 gov-
ernment, or an Indian tribe against any unconsented law-
suit under this chapter, or otherwise to restrict, expand, 
or modify any sovereign immunity of a State or local gov-
ernment, 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 au-
thorized State official to proceed in State court, or take
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other enforcement actions, on the basis of an alleged viola-
tion of State or other law. 
‘‘(5) Nothing in this chapter shall be construed to 
expand, restrict, or otherwise modify any right of an au-
thorized local government official to proceed in State 
court, or take other enforcement actions, on the basis of 
an alleged violation of local or other law.’’. 
(g) CONFORMING AND CLERICAL AMENDMENTS.—
(1) The section heading for section 2343 of that title is 
amended to read as follows: 
‘‘§ 2343. Recordkeeping, reporting, and inspection’’. 
(2) The section heading for section 2345 of such title 
is amended to read as follows: 
‘‘§ 2345. Effect on State and local law’’. 
(3) The table of sections at the beginning of chapter 
114 of that title is amended—
(A) by striking the item relating to section 
2343 and inserting the following new item:
‘‘2343. Recordkeeping, reporting, and inspection.’’;
and 
(B) by striking the item relating to section 
2345 and insert the following new item:
‘‘2345. Effect on State and local law.’’.
(4)(A) The heading for chapter 114 of that title is 
amended to read as follows:
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‘‘CHAPTER 114—TRAFFICKING IN CONTRA-
BAND 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’’.
SEC. 124. PROHIBITION OF NARCO-TERRORISM. 
Part A of the Controlled Substance Import and Ex-
port Act (21 U.S.C. 951 et seq.) is amended by inserting 
after section 1010 the following: 
‘‘NARCO-TERRORISTS WHO AID AND SUPPORT 
TERRORISTS OR FOREIGN TERRORIST ORGANIZATIONS 
‘‘SEC. 1010A. (a) PROHIBITED ACTS.—Whoever, in 
a circumstance described in subsection (c), manufactures, 
distributes, imports, exports, or possesses with intent to 
distribute or manufacture a controlled substance, 
flunitrazepam, or listed chemical, or attempts or conspires 
to do so, knowing or intending that such activity, directly 
or indirectly, aids or provides support, resources, or any-
thing of pecuniary value to—
‘‘(1) a foreign terrorist organization; or 
‘‘(2) any person or group involved in the plan-
ning, preparation for, or carrying out of, a terrorist
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offense, shall be punished as provided under sub-
section (b). 
‘‘(b) PENALTIES.—Whoever violates subsection (a) 
shall be fined under this title, imprisoned for not less than 
20 years and not more than life and shall be sentenced 
to a term of supervised release of not less than 5 years. 
‘‘(c) JURISDICTION.—There is jurisdiction over an of-
fense under this section if—
‘‘(1) the prohibited drug activity or the terrorist 
offense is in violation of the criminal laws of the 
United States; 
‘‘(2) the offense or the prohibited drug activity 
occurs in or affects interstate or foreign commerce; 
‘‘(3) the offense, the prohibited drug activity or 
the terrorist offense involves the use of the mails or 
a facility of interstate or foreign commerce; 
‘‘(4) the terrorist offense occurs in or affects 
interstate or foreign commerce or would have oc-
curred in or affected interstate or foreign commerce 
had it been consummated; 
‘‘(5) an offender provides anything of pecuniary 
value to a foreign terrorist organization; 
‘‘(6) an offender provides anything of pecuniary 
value for a terrorist offense that is designed to influ-
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ence the policy or affect the conduct of the United 
States government; 
‘‘(7) an offender provides anything of pecuniary 
value for a terrorist offense that occurs in part with-
in the United States and is designed to influence the 
policy or affect the conduct of a foreign government; 
‘‘(8) an offender provides anything of pecuniary 
value for a terrorist offense that causes or is de-
signed 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 pos-
sessions) while that property is outside of the United 
States; 
‘‘(9) the offense occurs in whole or in part with-
in the United States, and an offender provides any-
thing of pecuniary value for a terrorist offense that 
is designed to influence the policy or affect the con-
duct of a foreign government; 
‘‘(10) the offense or the prohibited drug activity 
occurs in whole or in part outside of the United 
States (including on the high seas), and a perpe-
trator of the offense or the prohibited drug activity
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is a national of the United States or a legal entity 
organized under the laws of the United States (in-
cluding any of its States, districts, commonwealths, 
territories, or possessions); or 
‘‘(11) after the conduct required for the offense 
occurs an offender is brought into or found in the 
United States, even if the conduct required for the 
offense occurs outside the United States. 
‘‘(d) PROOF REQUIREMENTS.—The prosecution shall 
not be required to prove that any defendant knew that 
an organization was designated as a ‘foreign terrorist or-
ganization’ under the Immigration and Nationality Act. 
‘‘(e) DEFINITIONS.—In this section, the following 
definitions shall apply: 
‘‘(1) ANYTHING
OF
PECUNIARY
VALUE.—The 
term ‘anything of pecuniary value’ has the meaning 
given the term in section 1958(b)(1) of title 18, 
United States Code. 
‘‘(2) TERRORIST
OFFENSE.—The term ‘ter-
rorist offense’ means—
‘‘(A) an act which constitutes an offense 
within the scope of a treaty, as defined under 
section 2339C(e)(7) of title 18, United States 
Code, which has been implemented by the 
United States;
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‘‘(B) any other act intended to cause death 
or serious bodily injury to a civilian, or to any 
other person not taking an active part in the 
hostilities in a situation of armed conflict, when 
the purpose of such act, by its nature or con-
text, is to intimidate a population, or to compel 
a government or an international organization 
to do or to abstain from doing any act. 
‘‘(3) TERRORIST
ORGANIZATION.—The term 
‘terrorist organization’ has the meaning given the 
term in section 212(a)(3)(B)(vi) of the Immigration 
and Nationality Act (8 U.S.C. 1182(a)(3)(B)(vi)).’’. 
SEC. 125. INTERFERING WITH THE OPERATION OF AN AIR-
CRAFT. 
Section 32 of title 18, United States Code, is amend-
ed—
(1) in subsection (a), by redesignating para-
graphs (5), (6), and (7) as paragraphs (6), (7), and 
(8) respectively; 
(2) by inserting after paragraph (4) of sub-
section (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 en-
gaged in the authorized operation of such aircraft or
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any air navigation facility aiding in the navigation of 
any such aircraft;’’; 
(3) in subsection (a)(8), by striking ‘‘para-
graphs (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. 126. SENSE OF CONGRESS RELATING TO LAWFUL PO-
LITICAL ACTIVITY. 
It is the sense of Congress that the Federal Govern-
ment should not investigate an American citizen for al-
leged criminal conduct solely on the basis of the citizen’s 
membership in a non-violent political organization or the 
fact that the citizen was engaging in other lawful political 
activity. 
SEC. 127. REPEAL OF FIRST RESPONDER GRANT PROGRAM. 
Section 1014 of the USA PATRIOT ACT is amended 
by striking subsection (c). 
SEC. 128. FASTER AND SMARTER FUNDING FOR FIRST RE-
SPONDERS. 
(a) IN GENERAL.—The Homeland Security Act of 
2002 (Public Law 107–296; 6 U.S.C. 361 et seq.) is 
amended—
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(1) in section 1(b) in the table of contents by 
adding at the end the following:
‘‘TITLE XVIII—FUNDING FOR FIRST RESPONDERS 
‘‘1801. Definitions. 
‘‘1802. Faster and Smarter Funding for First Responders. 
‘‘1803. Covered grant eligibility and criteria. 
‘‘1804. Risk-based evaluation and prioritization. 
‘‘1805. Task Force on Terrorism Preparedness for First Responders. 
‘‘1806. Use of funds and accountability requirements. 
‘‘1807. National standards for first responder equipment and training.’’.
(2) by adding at the end the following: 
‘‘TITLE XVIII—FUNDING FOR 
FIRST RESPONDERS 
‘‘SEC. 1801. DEFINITIONS. 
‘‘In this title: 
‘‘(1) BOARD.—The term ‘Board’ means the 
First Responder Grants Board established under 
section 1804. 
‘‘(2) COVERED
GRANT.—The term ‘covered 
grant’ means any grant to which this title applies 
under section 1802. 
‘‘(3) DIRECTLY
ELIGIBLE
TRIBE.—The term 
‘directly eligible tribe’ means any Indian tribe or 
consortium of Indian tribes that—
‘‘(A) meets the criteria for inclusion in the 
qualified applicant pool for Self-Governance 
that are set forth in section 402(c) of the In-
dian Self-Determination and Education Assist-
ance Act (25 U.S.C. 458bb(c));
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‘‘(B) employs at least 10 full-time per-
sonnel in a law enforcement or emergency re-
sponse agency with the capacity to respond to 
calls for law enforcement or emergency services; 
and 
‘‘(C)(i) is located on, or within 5 miles of, 
an international border or waterway; 
‘‘(ii) is located within 5 miles of a facility 
designated as high-risk critical infrastructure 
by the Secretary; 
‘‘(iii) is located within or contiguous to one 
of the 50 largest metropolitan statistical areas 
in the United States; or 
‘‘(iv) has more than 1,000 square miles of 
Indian country, as that term is defined in sec-
tion 1151 of title 18, United States Code. 
‘‘(4) ELEVATIONS
IN
THE
THREAT
ALERT 
LEVEL.—The term ‘elevations in the threat alert 
level’ means any designation (including those that 
are less than national in scope) that raises the 
homeland security threat level to either the highest 
or second highest threat level under the Homeland 
Security Advisory System referred to in section 
201(d)(7).
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‘‘(5) EMERGENCY PREPAREDNESS.—The term 
‘emergency preparedness’ shall have the same mean-
ing that term has under section 602 of the Robert 
T. Stafford Disaster Relief and Emergency Assist-
ance Act (42 U.S.C. 5195a). 
‘‘(6) ESSENTIAL CAPABILITIES.—The term ‘es-
sential capabilities’ means the levels, availability, 
and competence of emergency personnel, planning, 
training, and equipment across a variety of dis-
ciplines needed to effectively and efficiently prevent, 
prepare for, respond to, and recover from acts of 
terrorism consistent with established practices. 
‘‘(7) FIRST RESPONDER.—The term ‘first re-
sponder’ shall have the same meaning as the term 
‘emergency response provider’. 
‘‘(8) INDIAN TRIBE.—The term ‘Indian tribe’ 
means any Indian tribe, band, nation, or other orga-
nized group or community, including any Alaskan 
Native village or regional or village corporation as 
defined in or established pursuant to the Alaskan 
Native Claims Settlement Act (43 U.S.C. 1601 et 
seq.), which is recognized as eligible for the special 
programs and services provided by the United States 
to Indians because of their status as Indians. 
‘‘(9) REGION.—The term ‘region’ means—
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‘‘(A) any geographic area consisting of all 
or parts of 2 or more contiguous States, coun-
ties, municipalities, or other local governments 
that have a combined population of at least 
1,650,000 or have an area of not less than 
20,000 square miles, and that, for purposes of 
an application for a covered grant, is rep-
resented by 1 or more governments or govern-
mental agencies within such geographic area, 
and that is established by law or by agreement 
of 2 or more such governments or governmental 
agencies in a mutual aid agreement; or 
‘‘(B) any other combination of contiguous 
local government units (including such a com-
bination established by law or agreement of two 
or more governments or governmental agencies 
in a mutual aid agreement) that is formally cer-
tified by the Secretary as a region for purposes 
of this Act with the consent of—
‘‘(i) the State or States in which they 
are located, including a multi-State entity 
established by a compact between two or 
more States; and
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‘‘(ii) the incorporated municipalities, 
counties, and parishes that they encom-
pass. 
‘‘(10) TASK FORCE.—The term ‘Task Force’ 
means the Task Force on Terrorism Preparedness 
for First Responders established under section 1805. 
‘‘(11) TERRORISM PREPAREDNESS.—The term 
‘terrorism preparedness’ means any activity designed 
to improve the ability to prevent, prepare for, re-
spond to, mitigate against, or recover from threat-
ened or actual terrorist attacks. 
‘‘SEC. 1802. FASTER AND SMARTER FUNDING FOR FIRST RE-
SPONDERS. 
‘‘(a) COVERED GRANTS.—This title applies to grants 
provided by the Department to States, regions, or directly 
eligible tribes for the primary purpose of improving the 
ability of first responders to prevent, prepare for, respond 
to, mitigate against, or recover from threatened or actual 
terrorist attacks, especially those involving weapons of 
mass destruction, administered under the following: 
‘‘(1) STATE HOMELAND SECURITY GRANT PRO-
GRAM.—The State Homeland Security Grant Pro-
gram of the Department, or any successor to such 
grant program.
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‘‘(2) URBAN AREA SECURITY INITIATIVE.—The 
Urban Area Security Initiative of the Department, 
or any successor to such grant program. 
‘‘(3) LAW ENFORCEMENT TERRORISM PREVEN-
TION PROGRAM.—The Law Enforcement Terrorism 
Prevention Program of the Department, or any suc-
cessor to such grant program. 
‘‘(b) EXCLUDED PROGRAMS.—This title does not 
apply to or otherwise affect the following Federal grant 
programs or any grant under such a program: 
‘‘(1) NONDEPARTMENT PROGRAMS.—Any Fed-
eral grant program that is not administered by the 
Department. 
‘‘(2) FIRE GRANT PROGRAMS.—The fire grant 
programs authorized by sections 33 and 34 of the 
Federal Fire Prevention and Control Act of 1974 
(15 U.S.C. 2229, 2229a). 
‘‘(3) EMERGENCY
MANAGEMENT
PLANNING 
AND
ASSISTANCE
ACCOUNT
GRANTS.—The Emer-
gency Management Performance Grant program and 
the Urban Search and Rescue Grants program au-
thorized by title VI of the Robert T. Stafford Dis-
aster Relief and Emergency Assistance Act (42 
U.S.C. 5195 et seq.); the Departments of Veterans 
Affairs and Housing and Urban Development, and
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Independent Agencies Appropriations Act, 2000 
(113 Stat. 1047 et seq.); and the Earthquake Haz-
ards Reduction Act of 1977 (42 U.S.C. 7701 et 
seq.). 
‘‘SEC. 1803. COVERED GRANT ELIGIBILITY AND CRITERIA. 
‘‘(a) GRANT ELIGIBILITY.—Any State, region, or di-
rectly eligible tribe shall be eligible to apply for a covered 
grant. 
‘‘(b) GRANT CRITERIA.—The Secretary shall award 
covered grants to assist States and local governments in 
achieving, maintaining, and enhancing the essential capa-
bilities for terrorism preparedness established by the Sec-
retary. 
‘‘(c) STATE HOMELAND SECURITY PLANS.—
‘‘(1) SUBMISSION
OF
PLANS.—The Secretary 
shall require that any State applying to the Sec-
retary for a covered grant must submit to the Sec-
retary a 3-year State homeland security plan that—
‘‘(A) describes the essential capabilities 
that communities within the State should pos-
sess, or to which they should have access, based 
upon the terrorism risk factors relevant to such 
communities, in order to meet the Department’s 
goals for terrorism preparedness;
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‘‘(B) demonstrates the extent to which the 
State has achieved the essential capabilities 
that apply to the State; 
‘‘(C) demonstrates the needs of the State 
necessary to achieve, maintain, or enhance the 
essential capabilities that apply to the State; 
‘‘(D) includes a prioritization of such needs 
based on threat, vulnerability, and consequence 
assessment factors applicable to the State; 
‘‘(E) describes how the State intends—
‘‘(i) to address such needs at the city, 
county, regional, tribal, State, and inter-
state level, including a precise description 
of any regional structure the State has es-
tablished for the purpose of organizing 
homeland security preparedness activities 
funded by covered grants; 
‘‘(ii) to use all Federal, State, and 
local resources available for the purpose of 
addressing such needs; and 
‘‘(iii) to give particular emphasis to 
regional planning and cooperation, includ-
ing the activities of multijurisdictional 
planning agencies governed by local offi-
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cials, both within its jurisdictional borders 
and with neighboring States; 
‘‘(F) with respect to the emergency pre-
paredness of first responders, addresses the 
unique aspects of terrorism as part of a com-
prehensive State emergency management plan; 
and 
‘‘(G) provides for coordination of response 
and recovery efforts at the local level, including 
procedures for effective incident command in 
conformance with the National Incident Man-
agement System. 
‘‘(2) CONSULTATION.—The State plan sub-
mitted under paragraph (1) shall be developed in 
consultation with and subject to appropriate com-
ment by local governments and first responders 
within the State. 
‘‘(3) APPROVAL
BY
SECRETARY.—The Sec-
retary may not award any covered grant to a State 
unless the Secretary has approved the applicable 
State homeland security plan. 
‘‘(4) REVISIONS.—A State may revise the appli-
cable State homeland security plan approved by the 
Secretary under this subsection, subject to approval 
of the revision by the Secretary.
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‘‘(d) CONSISTENCY WITH STATE PLANS.—The Sec-
retary shall ensure that each covered grant is used to sup-
plement and support, in a consistent and coordinated 
manner, the applicable State homeland security plan or 
plans. 
‘‘(e) APPLICATION FOR GRANT.—
‘‘(1) IN GENERAL.—Except as otherwise pro-
vided in this subsection, any State, region, or di-
rectly eligible tribe may apply for a covered grant by 
submitting to the Secretary an application at such 
time, in such manner, and containing such informa-
tion as is required under this subsection, or as the 
Secretary may reasonably require. 
‘‘(2) DEADLINES
FOR
APPLICATIONS
AND 
AWARDS.—All applications for covered grants must 
be submitted at such time as the Secretary may rea-
sonably require for the fiscal year for which they are 
submitted. The Secretary shall award covered grants 
pursuant to all approved applications for such fiscal 
year as soon as practicable, but not later than 
March 1 of such year. 
‘‘(3) AVAILABILITY
OF
FUNDS.—All funds 
awarded by the Secretary under covered grants in a 
fiscal year shall be available for obligation through 
the end of the subsequent fiscal year.
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‘‘(4) MINIMUM CONTENTS OF APPLICATION.—
The Secretary shall require that each applicant in-
clude in its application, at a minimum—
‘‘(A) the purpose for which the applicant 
seeks covered grant funds and the reasons why 
the applicant needs the covered grant to meet 
the essential capabilities for terrorism prepared-
ness within the State, region, or directly eligible 
tribe to which the application pertains; 
‘‘(B) a description of how, by reference to 
the applicable State homeland security plan or 
plans under subsection (c), the allocation of 
grant funding proposed in the application, in-
cluding, where applicable, the amount not 
passed through under section 1806(g)(1), would 
assist in fulfilling the essential capabilities for 
terrorism preparedness specified in such plan or 
plans; 
‘‘(C) a statement of whether a mutual aid 
agreement applies to the use of all or any por-
tion of the covered grant funds; 
‘‘(D) if the applicant is a State, a descrip-
tion of how the State plans to allocate the cov-
ered grant funds to regions, local governments, 
and Indian tribes;
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‘‘(E) if the applicant is a region—
‘‘(i) a precise geographical description 
of the region and a specification of all par-
ticipating and nonparticipating local gov-
ernments within the geographical area 
comprising that region; 
‘‘(ii) a specification of what govern-
mental entity within the region will admin-
ister the expenditure of funds under the 
covered grant; and 
‘‘(iii) a designation of a specific indi-
vidual to serve as regional liaison; 
‘‘(F) a capital budget showing how the ap-
plicant intends to allocate and expend the cov-
ered grant funds; 
‘‘(G) if the applicant is a directly eligible 
tribe, a designation of a specific individual to 
serve as the tribal liaison; and 
‘‘(H) a statement of how the applicant in-
tends to meet the matching requirement, if any, 
that applies under section 1806(g)(2). 
‘‘(5) REGIONAL APPLICATIONS.—
‘‘(A) RELATIONSHIP TO STATE APPLICA-
TIONS.—A regional application—
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‘‘(i) shall be coordinated with an ap-
plication submitted by the State or States 
of which such region is a part; 
‘‘(ii) shall supplement and avoid dupli-
cation with such State application; and 
‘‘(iii) shall address the unique regional 
aspects of such region’s terrorism pre-
paredness needs beyond those provided for 
in the application of such State or States. 
‘‘(B) STATE REVIEW AND SUBMISSION.—
To ensure the consistency required under sub-
section (d) and the coordination required under 
subparagraph (A) of this paragraph, an appli-
cant that is a region must submit its applica-
tion to each State of which any part is included 
in the region for review and concurrence prior 
to the submission of such application to the 
Secretary. The regional application shall be 
transmitted to the Secretary through each such 
State within 30 days of its receipt, unless the 
Governor of such a State notifies the Secretary, 
in writing, that such regional application is in-
consistent with the State’s homeland security 
plan and provides an explanation of the reasons 
therefor.
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‘‘(C) 
DISTRIBUTION
OF
REGIONAL 
AWARDS.—If the Secretary approves a regional 
application, then the Secretary shall distribute 
a regional award to the State or States submit-
ting the applicable regional application under 
subparagraph (B), and each such State shall, 
not later than the end of the 45-day period be-
ginning on the date after receiving a regional 
award, pass through to the region all covered 
grant funds or resources purchased with such 
funds, except those funds necessary for the 
State to carry out its responsibilities with re-
spect to such regional application: Provided, 
That in no such case shall the State or States 
pass through to the region less than 80 percent 
of the regional award. 
‘‘(D) CERTIFICATIONS
REGARDING
DIS-
TRIBUTION OF GRANT FUNDS TO REGIONS.—
Any State that receives a regional award under 
subparagraph (C) shall certify to the Secretary, 
by not later than 30 days after the expiration 
of the period described in subparagraph (C) 
with respect to the grant, that the State has 
made available to the region the required funds
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and resources in accordance with subparagraph 
(C). 
‘‘(E) DIRECT PAYMENTS TO REGIONS.—If 
any State fails to pass through a regional 
award to a region as required by subparagraph 
(C) within 45 days after receiving such award 
and does not request or receive an extension of 
such period under section 1806(h)(2), the re-
gion may petition the Secretary to receive di-
rectly the portion of the regional award that is 
required to be passed through to such region 
under subparagraph (C). 
‘‘(F) REGIONAL LIAISONS.—A regional li-
aison designated under paragraph (4)(E)(iii) 
shall—
‘‘(i) coordinate with Federal, State, 
local, regional, and private officials within 
the region concerning terrorism prepared-
ness; 
‘‘(ii) develop a process for receiving 
input from Federal, State, local, regional, 
and private sector officials within the re-
gion to assist in the development of the re-
gional application and to improve the re-
gion’s access to covered grants; and
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‘‘(iii) administer, in consultation with 
State, local, regional, and private officials 
within the region, covered grants awarded 
to the region. 
‘‘(6) TRIBAL APPLICATIONS.—
‘‘(A) SUBMISSION
TO
THE
STATE
OR 
STATES.—To ensure the consistency required 
under subsection (d), an applicant that is a di-
rectly eligible tribe must submit its application 
to each State within the boundaries of which 
any part of such tribe is located for direct sub-
mission to the Department along with the appli-
cation of such State or States. 
‘‘(B) OPPORTUNITY
FOR
STATE
COM-
MENT.—Before awarding any covered grant to 
a directly eligible tribe, the Secretary shall pro-
vide an opportunity to each State within the 
boundaries of which any part of such tribe is lo-
cated to comment to the Secretary on the con-
sistency of the tribe’s application with the 
State’s homeland security plan. Any such com-
ments shall be submitted to the Secretary con-
currently with the submission of the State and 
tribal applications.
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‘‘(C) FINAL
AUTHORITY.—The Secretary 
shall have final authority to determine the con-
sistency of any application of a directly eligible 
tribe with the applicable State homeland secu-
rity plan or plans, and to approve any applica-
tion of such tribe. The Secretary shall notify 
each State within the boundaries of which any 
part of such tribe is located of the approval of 
an application by such tribe. 
‘‘(D) TRIBAL
LIAISON.—A tribal liaison 
designated under paragraph (4)(G) shall—
‘‘(i) coordinate with Federal, State, 
local, regional, and private officials con-
cerning terrorism preparedness; 
‘‘(ii) develop a process for receiving 
input from Federal, State, local, regional, 
and private sector officials to assist in the 
development of the application of such 
tribe and to improve the tribe’s access to 
covered grants; and 
‘‘(iii) administer, in consultation with 
State, local, regional, and private officials, 
covered grants awarded to such tribe. 
‘‘(E) LIMITATION ON THE NUMBER OF DI-
RECT GRANTS.—The Secretary may make cov-
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ered grants directly to not more than 20 di-
rectly eligible tribes per fiscal year. 
‘‘(F) TRIBES
NOT
RECEIVING
DIRECT 
GRANTS.—An Indian tribe that does not receive 
a grant directly under this section is eligible to 
receive funds under a covered grant from the 
State or States within the boundaries of which 
any part of such tribe is located, consistent with 
the homeland security plan of the State as de-
scribed in subsection (c). If a State fails to 
comply with section 1806(g)(1), the tribe may 
request payment under section 1806(h)(3) in 
the same manner as a local government. 
‘‘(7) EQUIPMENT STANDARDS.—If an applicant 
for a covered grant proposes to upgrade or purchase, 
with assistance provided under the grant, new equip-
ment or systems that do not meet or exceed any ap-
plicable national voluntary consensus standards es-
tablished by the Secretary, the applicant shall in-
clude in the application an explanation of why such 
equipment or systems will serve the needs of the ap-
plicant better than equipment or systems that meet 
or exceed such standards.
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‘‘SEC. 
1804. 
RISK-BASED 
EVALUATION 
AND 
PRIORITIZATION. 
‘‘(a) FIRST RESPONDER GRANTS BOARD.—
‘‘(1) ESTABLISHMENT
OF
BOARD.—The Sec-
retary shall establish a First Responder Grants 
Board, consisting of—
‘‘(A) the Secretary; 
‘‘(B) the Under Secretary for Emergency 
Preparedness and Response; 
‘‘(C) the Under Secretary for Border and 
Transportation Security; 
‘‘(D) the Under Secretary for Information 
Analysis and Infrastructure Protection; 
‘‘(E) the Under Secretary for Science and 
Technology; 
‘‘(F) the Director of the Office for Domes-
tic Preparedness; 
‘‘(G) the Administrator of the United 
States Fire Administration; and 
‘‘(H) the Administrator of the Animal and 
Plant Health Inspection Service. 
‘‘(2) CHAIRMAN.—
‘‘(A) IN GENERAL.—The Secretary shall be 
the Chairman of the Board. 
‘‘(B) EXERCISE OF AUTHORITIES BY DEP-
UTY
SECRETARY.—The Deputy Secretary of
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Homeland Security may exercise the authorities 
of the Chairman, if the Secretary so directs. 
‘‘(b) FUNCTIONS
OF UNDER SECRETARIES.—The 
Under Secretaries referred to in subsection (a)(1) shall 
seek to ensure that the relevant expertise and input of the 
staff of their directorates are available to and considered 
by the Board. 
‘‘(c) PRIORITIZATION OF GRANT APPLICATIONS.—
‘‘(1) FACTORS
TO
BE
CONSIDERED.—The 
Board shall evaluate and annually prioritize all 
pending applications for covered grants based upon 
the degree to which they would, by achieving, main-
taining, or enhancing the essential capabilities of the 
applicants on a nationwide basis, lessen the threat 
to, vulnerability of, and consequences for persons 
(including transient commuting and tourist popu-
lations) and critical infrastructure. Such evaluation 
and prioritization shall be based upon the most cur-
rent risk assessment available by the Directorate for 
Information Analysis and Infrastructure Protection 
of the threats of terrorism against the United 
States. The Board shall coordinate with State, local, 
regional, and tribal officials in establishing criteria 
for evaluating and prioritizing applications for cov-
ered grants.
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‘‘(2) CRITICAL
INFRASTRUCTURE
SECTORS.—
The Board specifically shall consider threats of ter-
rorism against the following critical infrastructure 
sectors in all areas of the United States, urban and 
rural: 
‘‘(A) Agriculture and food. 
‘‘(B) Banking and finance. 
‘‘(C) Chemical industries. 
‘‘(D) The defense industrial base. 
‘‘(E) Emergency services. 
‘‘(F) Energy. 
‘‘(G) Government facilities. 
‘‘(H) Postal and shipping. 
‘‘(I) Public health and health care. 
‘‘(J) Information technology. 
‘‘(K) Telecommunications. 
‘‘(L) Transportation systems. 
‘‘(M) Water. 
‘‘(N) Dams. 
‘‘(O) Commercial facilities. 
‘‘(P) National monuments and icons. 
The order in which the critical infrastructure sectors 
are listed in this paragraph shall not be construed 
as an order of priority for consideration of the im-
portance of such sectors.
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‘‘(3) TYPES OF THREAT.—The Board specifi-
cally shall consider the following types of threat to 
the critical infrastructure sectors described in para-
graph (2), and to populations in all areas of the 
United States, urban and rural: 
‘‘(A) Biological threats. 
‘‘(B) Nuclear threats. 
‘‘(C) Radiological threats. 
‘‘(D) Incendiary threats. 
‘‘(E) Chemical threats. 
‘‘(F) Explosives. 
‘‘(G) Suicide bombers. 
‘‘(H) Cyber threats. 
‘‘(I) Any other threats based on proximity 
to specific past acts of terrorism or the known 
activity of any terrorist group. 
The order in which the types of threat are listed in 
this paragraph shall not be construed as an order of 
priority for consideration of the importance of such 
threats. 
‘‘(4) CONSIDERATION
OF
ADDITIONAL
FAC-
TORS.—The Board shall take into account any other 
specific threat to a population (including a transient 
commuting or tourist population) or critical infra-
structure sector that the Board has determined to
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exist. In evaluating the threat to a population or 
critical infrastructure sector, the Board shall give 
greater weight to threats of terrorism based upon 
their specificity and credibility, including any pat-
tern of repetition. 
‘‘(5) MINIMUM
AMOUNTS.—After evaluating 
and prioritizing grant applications under paragraph 
(1), the Board shall ensure that, for each fiscal 
year—
‘‘(A) each of the States, other than the 
Virgin Islands, American Samoa, Guam, and 
the Northern Mariana Islands, that has an ap-
proved State homeland security plan receives no 
less than 0.25 percent of the funds available for 
covered grants for that fiscal year for purposes 
of implementing its homeland security plan in 
accordance with the prioritization of needs 
under section 1803(c)(1)(D); 
‘‘(B) each of the States, other than the 
Virgin Islands, American Samoa, Guam, and 
the Northern Mariana Islands, that has an ap-
proved State homeland security plan and that 
meets one or both of the additional high-risk 
qualifying criteria under paragraph (6) receives 
no less than 0.45 percent of the funds available
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for covered grants for that fiscal year for pur-
poses of implementing its homeland security 
plan in accordance with the prioritization of 
needs under section 1803(c)(1)(D); 
‘‘(C) the Virgin Islands, American Samoa, 
Guam, and the Northern Mariana Islands each 
receives no less than 0.08 percent of the funds 
available for covered grants for that fiscal year 
for purposes of implementing its approved State 
homeland security plan in accordance with the 
prioritization 
of 
needs 
under 
section 
1803(c)(1)(D); and 
‘‘(D) directly eligible tribes collectively re-
ceive no less than 0.08 percent of the funds 
available for covered grants for such fiscal year 
for purposes of addressing the needs identified 
in the applications of such tribes, consistent 
with the homeland security plan of each State 
within the boundaries of which any part of any 
such tribe is located, except that this clause 
shall not apply with respect to funds available 
for a fiscal year if the Secretary receives less 
than 5 applications for such fiscal year from 
such tribes under section 1803(e)(6)(A) or does 
not approve at least one such application.
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‘‘(6) ADDITIONAL HIGH-RISK QUALIFYING CRI-
TERIA.—For purposes of paragraph (5)(B), addi-
tional high-risk qualifying criteria consist of—
‘‘(A) having a significant international 
land border; or 
‘‘(B) adjoining a body of water within 
North America through which an international 
boundary line extends. 
‘‘(d) EFFECT OF REGIONAL AWARDS ON STATE MIN-
IMUM.—Any regional award, or portion thereof, provided 
to a State under section 1803(e)(5)(C) shall not be consid-
ered in calculating the minimum State award under sub-
section (c)(5) of this section. 
‘‘SEC. 1805. TASK FORCE ON TERRORISM PREPAREDNESS 
FOR FIRST RESPONDERS. 
‘‘(a) ESTABLISHMENT.—To assist the Secretary in 
updating, revising, or replacing essential capabilities for 
terrorism preparedness, the Secretary shall establish an 
advisory body pursuant to section 871(a) not later than 
60 days after the date of the enactment of this section, 
which shall be known as the Task Force on Terrorism Pre-
paredness for First Responders. 
‘‘(b) UPDATE, REVISE, OR REPLACE.—The Secretary 
shall regularly update, revise, or replace the essential ca-
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pabilities for terrorism preparedness as necessary, but not 
less than every 3 years. 
‘‘(c) REPORT.—
‘‘(1) IN GENERAL.—The Task Force shall sub-
mit to the Secretary, by not later than 12 months 
after its establishment by the Secretary under sub-
section (a) and not later than every 2 years there-
after, a report on its recommendations for essential 
capabilities for terrorism preparedness. 
‘‘(2) CONTENTS.—Each report shall—
‘‘(A) include a priority ranking of essential 
capabilities in order to provide guidance to the 
Secretary and to the Congress on determining 
the appropriate allocation of, and funding levels 
for, first responder needs; 
‘‘(B) set forth a methodology by which any 
State or local government will be able to deter-
mine the extent to which it possesses or has ac-
cess to the essential capabilities that States and 
local governments having similar risks should 
obtain; 
‘‘(C) describe the availability of national 
voluntary consensus standards, and whether 
there is a need for new national voluntary con-
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sensus standards, with respect to first re-
sponder training and equipment; 
‘‘(D) include such additional matters as 
the Secretary may specify in order to further 
the terrorism preparedness capabilities of first 
responders; and 
‘‘(E) include such revisions to the contents 
of previous reports as are necessary to take into 
account changes in the most current risk as-
sessment available by the Directorate for Infor-
mation Analysis and Infrastructure Protection 
or other relevant information as determined by 
the Secretary. 
‘‘(3) CONSISTENCY
WITH
FEDERAL
WORKING 
GROUP.—The Task Force shall ensure that its rec-
ommendations for essential capabilities for terrorism 
preparedness are, to the extent feasible, consistent 
with any preparedness goals or recommendations of 
the Federal working group established under section 
319F(a) of the Public Health Service Act (42 U.S.C. 
247d–6(a)). 
‘‘(4) COMPREHENSIVENESS.—The Task Force 
shall ensure that its recommendations regarding es-
sential capabilities for terrorism preparedness are
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made within the context of a comprehensive State 
emergency management system. 
‘‘(5) PRIOR MEASURES.—The Task Force shall 
ensure that its recommendations regarding essential 
capabilities for terrorism preparedness take into ac-
count any capabilities that State or local officials 
have determined to be essential and have undertaken 
since September 11, 2001, to prevent, prepare for, 
respond to, or recover from terrorist attacks. 
‘‘(d) MEMBERSHIP.—
‘‘(1) IN GENERAL.—The Task Force shall con-
sist of 25 members appointed by the Secretary, and 
shall, to the extent practicable, represent a geo-
graphic (including urban and rural) and substantive 
cross section of governmental and nongovernmental 
first responder disciplines from the State and local 
levels, including as appropriate—
‘‘(A) members selected from the emergency 
response field, including fire service and law en-
forcement, hazardous materials response, emer-
gency medical services, and emergency manage-
ment personnel (including public works per-
sonnel routinely engaged in emergency re-
sponse);
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‘‘(B) health scientists, emergency and in-
patient medical providers, and public health 
professionals, including experts in emergency 
health care response to chemical, biological, ra-
diological, and nuclear terrorism, and experts in 
providing mental health care during emergency 
response operations; 
‘‘(C) experts from Federal, State, and local 
governments, and the private sector, rep-
resenting standards-setting organizations, in-
cluding representation from the voluntary con-
sensus codes and standards development com-
munity, particularly those with expertise in first 
responder disciplines; and 
‘‘(D) State and local officials with exper-
tise in terrorism preparedness, subject to the 
condition that if any such official is an elected 
official representing one of the two major polit-
ical parties, an equal number of elected officials 
shall be selected from each such party. 
‘‘(2) COORDINATION WITH THE DEPARTMENT 
OF HEALTH AND HEALTH SERVICES.—In the selec-
tion of members of the Task Force who are health 
professionals, including emergency medical profes-
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sionals, the Secretary shall coordinate such selection 
with the Secretary of Health and Human Services. 
‘‘(3) EX
OFFICIO
MEMBERS.—The Secretary 
and the Secretary of Health and Human Services 
shall each designate one or more officers of their re-
spective Departments to serve as ex officio members 
of the Task Force. One of the ex officio members 
from the Department of Homeland Security shall be 
the designated officer of the Federal Government for 
purposes of subsection (e) of section 10 of the Fed-
eral Advisory Committee Act (5 U.S.C. App.). 
‘‘(e) APPLICABILITY OF FEDERAL ADVISORY COM-
MITTEE ACT.—Notwithstanding section 871(a), the Fed-
eral Advisory Committee Act (5 U.S.C. App.), including 
subsections (a), (b), and (d) of section 10 of such Act, 
and section 552b(c) of title 5, United States Code, shall 
apply to the Task Force. 
‘‘SEC. 1806. USE OF FUNDS AND ACCOUNTABILITY RE-
QUIREMENTS. 
‘‘(a) IN GENERAL.—A covered grant may be used 
for—
‘‘(1) purchasing or upgrading equipment, in-
cluding computer software, to enhance terrorism 
preparedness;
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‘‘(2) exercises to strengthen terrorism prepared-
ness; 
‘‘(3) training for prevention (including detec-
tion) of, preparedness for, response to, or recovery 
from attacks involving weapons of mass destruction, 
including training in the use of equipment and com-
puter software; 
‘‘(4) developing or updating State homeland se-
curity plans, risk assessments, mutual aid agree-
ments, and emergency management plans to enhance 
terrorism preparedness; 
‘‘(5) establishing or enhancing mechanisms for 
sharing terrorism threat information; 
‘‘(6) systems architecture and engineering, pro-
gram planning and management, strategy formula-
tion and strategic planning, life-cycle systems de-
sign, product and technology evaluation, and proto-
type development for terrorism preparedness pur-
poses; 
‘‘(7) additional personnel costs resulting from—
‘‘(A) elevations in the threat alert level of 
the Homeland Security Advisory System by the 
Secretary, or a similar elevation in threat alert 
level issued by a State, region, or local govern-
ment with the approval of the Secretary;
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‘‘(B) travel to and participation in exer-
cises and training in the use of equipment and 
on prevention activities; and 
‘‘(C) the temporary replacement of per-
sonnel during any period of travel to and par-
ticipation in exercises and training in the use of 
equipment and on prevention activities; 
‘‘(8) the costs of equipment (including software) 
required to receive, transmit, handle, and store clas-
sified information; 
‘‘(9) protecting critical infrastructure against 
potential attack by the addition of barriers, fences, 
gates, and other such devices, except that the cost 
of such measures may not exceed the greater of—
‘‘(A) $1,000,000 per project; or 
‘‘(B) such greater amount as may be ap-
proved by the Secretary, which may not exceed 
10 percent of the total amount of the covered 
grant; 
‘‘(10) the costs of commercially available inter-
operable communications equipment (which, where 
applicable, is based on national, voluntary consensus 
standards) that the Secretary, in consultation with 
the Chairman of the Federal Communications Com-
mission, deems best suited to facilitate interoper-
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ability, coordination, and integration between and 
among emergency communications systems, and that 
complies with prevailing grant guidance of the De-
partment for interoperable communications; 
‘‘(11) educational curricula development for 
first responders to ensure that they are prepared for 
terrorist attacks; 
‘‘(12) training and exercises to assist public ele-
mentary and secondary schools in developing and 
implementing programs to instruct students regard-
ing age-appropriate skills to prevent, prepare for, re-
spond to, mitigate against, or recover from an act of 
terrorism; 
‘‘(13) paying of administrative expenses directly 
related to administration of the grant, except that 
such expenses may not exceed 3 percent of the 
amount of the grant; 
‘‘(14) paying for the conduct of any activity 
permitted under the Law Enforcement Terrorism 
Prevention Program, or any such successor to such 
program; and 
‘‘(15) other appropriate activities as determined 
by the Secretary. 
‘‘(b) PROHIBITED USES.—Funds provided as a cov-
ered grant may not be used—
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‘‘(1) to supplant State or local funds; 
‘‘(2) to construct buildings or other physical fa-
cilities; 
‘‘(3) to acquire land; or 
‘‘(4) for any State or local government cost 
sharing contribution. 
‘‘(c) MULTIPLE-PURPOSE FUNDS.—Nothing in this 
section shall be construed to preclude State and local gov-
ernments from using covered grant funds in a manner 
that also enhances first responder preparedness for emer-
gencies and disasters unrelated to acts of terrorism, if 
such use assists such governments in achieving essential 
capabilities for terrorism preparedness established by the 
Secretary. 
‘‘(d) REIMBURSEMENT OF COSTS.—(1) In addition 
to the activities described in subsection (a), a covered 
grant may be used to provide a reasonable stipend to paid-
on-call or volunteer first responders who are not otherwise 
compensated for travel to or participation in training cov-
ered by this section. Any such reimbursement shall not 
be considered compensation for purposes of rendering 
such a first responder an employee under the Fair Labor 
Standards Act of 1938 (29 U.S.C. 201 et seq.). 
‘‘(2) An applicant for a covered grant may petition 
the Secretary for the reimbursement of the cost of any
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activity relating to prevention (including detection) of, pre-
paredness for, response to, or recovery from acts of ter-
rorism that is a Federal duty and usually performed by 
a Federal agency, and that is being performed by a State 
or local government (or both) under agreement with a 
Federal agency. 
‘‘(e) ASSISTANCE REQUIREMENT.—The Secretary 
may not require that equipment paid for, wholly or in part, 
with funds provided as a covered grant be made available 
for responding to emergencies in surrounding States, re-
gions, and localities, unless the Secretary undertakes to 
pay the costs directly attributable to transporting and op-
erating such equipment during such response. 
‘‘(f) FLEXIBILITY IN UNSPENT HOMELAND SECU-
RITY GRANT FUNDS.—Upon request by the recipient of 
a covered grant, the Secretary may authorize the grantee 
to transfer all or part of funds provided as the covered 
grant from uses specified in the grant agreement to other 
uses authorized under this section, if the Secretary deter-
mines that such transfer is in the interests of homeland 
security. 
‘‘(g) STATE, REGIONAL, AND TRIBAL RESPONSIBIL-
ITIES.—
‘‘(1) PASS-THROUGH.—The Secretary shall re-
quire a recipient of a covered grant that is a State
HR 3199 RDS 
to obligate or otherwise make available to local gov-
ernments, first responders, and other local groups, 
to the extent required under the State homeland se-
curity plan or plans specified in the application for 
the grant, not less than 80 percent of the grant 
funds, resources purchased with the grant funds 
having a value equal to at least 80 percent of the 
amount of the grant, or a combination thereof, by 
not later than the end of the 45-day period begin-
ning on the date the grant recipient receives the 
grant funds. 
‘‘(2) COST SHARING.—
‘‘(A) IN GENERAL.—The Federal share of 
the costs of an activity carried out with a cov-
ered grant to a State, region, or directly eligible 
tribe awarded after the 2-year period beginning 
on the date of the enactment of this section 
shall not exceed 75 percent. 
‘‘(B) INTERIM RULE.—The Federal share 
of the costs of an activity carried out with a 
covered grant awarded before the end of the 2-
year period beginning on the date of the enact-
ment of this section shall be 100 percent. 
‘‘(C) IN-KIND MATCHING.—Each recipient 
of a covered grant may meet the matching re-
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quirement under subparagraph (A) by making 
in-kind contributions of goods or services that 
are directly linked with the purpose for which 
the grant is made, including, but not limited to, 
any necessary personnel overtime, contractor 
services, administrative costs, equipment fuel 
and maintenance, and rental space. 
‘‘(3) CERTIFICATIONS
REGARDING
DISTRIBU-
TION OF GRANT FUNDS TO LOCAL GOVERNMENTS.—
Any State that receives a covered grant shall certify 
to the Secretary, by not later than 30 days after the 
expiration of the period described in paragraph (1) 
with respect to the grant, that the State has made 
available for expenditure by local governments, first 
responders, and other local groups the required 
amount of grant funds pursuant to paragraph (1). 
‘‘(4) QUARTERLY REPORT ON HOMELAND SECU-
RITY SPENDING.—The Federal share described in 
paragraph (2)(A) may be increased by up to 2 per-
cent for any State, region, or directly eligible tribe 
that, not later than 30 days after the end of each 
fiscal quarter, submits to the Secretary a report on 
that fiscal quarter. Each such report must include, 
for each recipient of a covered grant or a pass-
through under paragraph (1)—
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‘‘(A) the amount obligated to that recipient 
in that quarter; 
‘‘(B) the amount expended by that recipi-
ent in that quarter; and 
‘‘(C) a summary description of the items 
purchased by such recipient with such amount. 
‘‘(5) ANNUAL
REPORT
ON
HOMELAND
SECU-
RITY SPENDING.—Each recipient of a covered grant 
shall submit an annual report to the Secretary not 
later than 60 days after the end of each Federal fis-
cal year. Each recipient of a covered grant that is 
a region must simultaneously submit its report to 
each State of which any part is included in the re-
gion. Each recipient of a covered grant that is a di-
rectly eligible tribe must simultaneously submit its 
report to each State within the boundaries of which 
any part of such tribe is located. Each report must 
include the following: 
‘‘(A) The amount, ultimate recipients, and 
dates of receipt of all funds received under the 
grant during the previous fiscal year. 
‘‘(B) The amount and the dates of dis-
bursements of all such funds expended in com-
pliance with paragraph (1) or pursuant to mu-
tual aid agreements or other sharing arrange-
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ments that apply within the State, region, or di-
rectly eligible tribe, as applicable, during the 
previous fiscal year. 
‘‘(C) How the funds were utilized by each 
ultimate recipient or beneficiary during the pre-
ceding fiscal year. 
‘‘(D) The extent to which essential capa-
bilities identified in the applicable State home-
land security plan or plans were achieved, main-
tained, or enhanced as the result of the expend-
iture of grant funds during the preceding fiscal 
year. 
‘‘(E) The extent to which essential capa-
bilities identified in the applicable State home-
land security plan or plans remain unmet. 
‘‘(6) INCLUSION OF RESTRICTED ANNEXES.—A 
recipient of a covered grant may submit to the Sec-
retary an annex to the annual report under para-
graph (5) that is subject to appropriate handling re-
strictions, if the recipient believes that discussion in 
the report of unmet needs would reveal sensitive but 
unclassified information. 
‘‘(7) PROVISION OF REPORTS.—The Secretary 
shall ensure that each annual report under para-
graph (5) is provided to the Under Secretary for
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Emergency Preparedness and Response and the Di-
rector of the Office for Domestic Preparedness. 
‘‘(h) INCENTIVES TO EFFICIENT ADMINISTRATION 
OF HOMELAND SECURITY GRANTS.—
‘‘(1) PENALTIES
FOR
DELAY
IN
PASSING 
THROUGH LOCAL SHARE.—If a recipient of a cov-
ered grant that is a State fails to pass through to 
local governments, first responders, and other local 
groups funds or resources required by subsection 
(g)(1) within 45 days after receiving funds under 
the grant, the Secretary may—
‘‘(A) reduce grant payments to the grant 
recipient from the portion of grant funds that 
is not required to be passed through under sub-
section (g)(1); 
‘‘(B) terminate payment of funds under 
the grant to the recipient, and transfer the ap-
propriate portion of those funds directly to local 
first responders that were intended to receive 
funding under that grant; or 
‘‘(C) impose additional restrictions or bur-
dens on the recipient’s use of funds under the 
grant, which may include—
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‘‘(i) prohibiting use of such funds to 
pay the grant recipient’s grant-related 
overtime or other expenses; 
‘‘(ii) requiring the grant recipient to 
distribute to local government beneficiaries 
all or a portion of grant funds that are not 
required to be passed through under sub-
section (g)(1); or 
‘‘(iii) for each day that the grant re-
cipient fails to pass through funds or re-
sources in accordance with subsection 
(g)(1), reducing grant payments to the 
grant recipient from the portion of grant 
funds that is not required to be passed 
through under subsection (g)(1), except 
that the total amount of such reduction 
may not exceed 20 percent of the total 
amount of the grant. 
‘‘(2) EXTENSION OF PERIOD.—The Governor of 
a State may request in writing that the Secretary 
extend 
the 
45-day 
period 
under 
section 
1803(e)(5)(E) or paragraph (1) for an additional 
15-day period. The Secretary may approve such a 
request, and may extend such period for additional 
15-day periods, if the Secretary determines that the
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resulting delay in providing grant funding to the 
local government entities that will receive funding 
under the grant will not have a significant detri-
mental impact on such entities’ terrorism prepared-
ness efforts. 
‘‘(3) PROVISION
OF
NON-LOCAL
SHARE
TO 
LOCAL GOVERNMENT.—
‘‘(A) IN
GENERAL.—The Secretary may 
upon request by a local government pay to the 
local government a portion of the amount of a 
covered grant awarded to a State in which the 
local government is located, if—
‘‘(i) the local government will use the 
amount paid to expedite planned enhance-
ments to its terrorism preparedness as de-
scribed in any applicable State homeland 
security plan or plans; 
‘‘(ii) the State has failed to pass 
through funds or resources in accordance 
with subsection (g)(1); and 
‘‘(iii) the local government complies 
with subparagraphs (B) and (C). 
‘‘(B) SHOWING REQUIRED.—To receive a 
payment under this paragraph, a local govern-
ment must demonstrate that—
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‘‘(i) it is identified explicitly as an ul-
timate recipient or intended beneficiary in 
the approved grant application; 
‘‘(ii) it was intended by the grantee to 
receive a severable portion of the overall 
grant for a specific purpose that is identi-
fied in the grant application; 
‘‘(iii) it petitioned the grantee for the 
funds or resources after expiration of the 
period within which the funds or resources 
were required to be passed through under 
subsection (g)(1); and 
‘‘(iv) it did not receive the portion of 
the overall grant that was earmarked or 
designated for its use or benefit. 
‘‘(C) EFFECT OF PAYMENT.—Payment of 
grant funds to a local government under this 
paragraph—
‘‘(i) shall not affect any payment to 
another local government under this para-
graph; and 
‘‘(ii) shall not prejudice consideration 
of a request for payment under this para-
graph that is submitted by another local 
government.