Congressional Record publishes “USA PATRIOT AND TERRORISM PREVENTION REAUTHORIZATION ACT OF 2005” on July 29, 2005

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Volume 151, No. 106 covering the 1st Session of the 109th Congress (2005 - 2006) was published by the Congressional Record.

The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.

“USA PATRIOT AND TERRORISM PREVENTION REAUTHORIZATION ACT OF 2005” mentioning the Environmental Protection Agency was published in the Senate section on pages S9558-S9579 on July 29, 2005.

The publication is reproduced in full below:

USA PATRIOT AND TERRORISM PREVENTION REAUTHORIZATION ACT OF 2005

Mr. FRIST. Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of H.R. 3199, the House-passed PATRIOT Act reauthorization bill. I further ask unanimous consent that all after the enacting clause be stricken, the text of the committee-

reported substitute to Calendar No. 171, S. 1389 be inserted, the bill, as amended, be read a third time and passed, and the Senate insist on its amendment and request a conference with the House with a ratio of six to four.

The PRESIDING OFFICER. Is there objection?

Mr. WYDEN. Reserving the right to object.

The PRESIDING OFFICER. The Senator from Oregon.

Mr. WYDEN. Mr. President, I intend to be very brief. Tonight the Senate is passing the renewal of the USA PATRIOT Act by unanimous consent. It is certainly not often that such a procedure would be used for a statute of such extraordinary importance. I believe that it is possible to fight terrorism ferociously without sacrificing civil liberties. Tonight I remain concerned that there will be an effort in the conference between the House and the Senate to authorize what are known as administrative subpoenas for the FBI under the law. These administrative subpoenas are warrants that FBI field offices can write themselves without having to make an application to a judge.

Under an administrative subpoena, an FBI field office could get records secretly for just about anything from just about anybody. Here is an example of how intrusive these administrative subpoenas could be. There are 56 field offices, one in almost every major city. The head of a field office could issue an administrative subpoena to a hospital director and ask for all of the hospital's medical records simply by claiming they were relevant to an investigation, the hospital director was busy or didn't have the resources to make a challenge. No judge would ever see the subpoena. The patients would not know their records had been seized. They would be totally in the dark. Your mother's, your husband's, your own medical records could move into the Government's hands, and you would be none the wiser.

Despite the very aggressive efforts in the Senate to include this power to conduct these what I believe are fishing expeditions, it is not in the version of the PATRIOT Act that is being passed tonight, since it is not in the House bill either. My view is that under rule XXVIII, it would be outside the scope of the conference to include these administrative subpoenas in any form in the PATRIOT Act. If I am informed later that it is in the conference report in some form, I will make a point of order at that time and the conference report would fall.

Finally, I want to state that I commend our leader, Senator Reid and Senator Leahy, for their handling of this. I know Senator Durbin has been very involved in these issues for years as well. I also want to commend Chairman Specter who has talked with me about the PATRIOT Act on a number of occasions. We can strike a balance. We can ensure that we pull out all the stops to fight the terrorists without throwing our civil liberties into the ash can. If these administrative subpoenas show up in that conference report, that will skew the balance that is so important to make sure we can win the war on terrorism but also to protect the rights that we have brave men and women fighting for.

I yield the floor.

Mr. REID. Mr. President, last week, after negotiations that went late into the night and early morning, the Judiciary Committee unanimously approved S. 1389, a bipartisan, compromise bill to build on the PATRIOT Act.

This bill, entitled the USA PATRIOT Improvement and Reauthorization Act of 2005, is not perfect. Like all compromises, it includes provisions that are not supported by everyone in this body. However, Democratic and Republican members of the Judiciary Committee came together in a spirit of cooperation and compromise to agree on this bill, and I strongly support it.

I am very pleased that we have also been able to bring Republicans and Democrats together in the full Senate to pass this bill by unanimous consent. Given the divisions we have seen over this legislation in the years since it was passed, I believe it is very important for our Nation and for the American people that we have been able to compromise and to come together in a spirit of bipartisanship to pass this legislation unanimously.

This bill preserves the vital tools the Government needs to protect our national security. At the same time, it puts in place some important checks on the expanded authorities granted the government by the original PATRIOT Act.

Although Members of both parties may feel there are additional improvements that can be made to this bill, Senate Democrats have agreed to join our colleagues on the other side of the aisle to take up and pass the compromise legislation approved unanimously by the Judiciary Committee with no amendments in order.

The President and other officials in his administration have repeatedly called upon Congress to renew the PATRIOT Act as quickly as possible. Senate Democrats agree with the President that we should reauthorize the PATRIOT Act and do so quickly. We are pleased to be able to pass this bill today.

I only hope the spirit of bipartisanship and cooperation we have witnessed to this point continues throughout the rest of the legislative process. The next step in this process is a conference with the House. The Senate is passing a very good bill, and I urge Senate conferees--Democratic and Republican--to do everything they can to defend its provisions in the conference report. If they do so, I am confident the bipartisanship and cooperation we see today will continue and we will get a conference report that will be strongly supported by Members on both sides of the aisle.

Mr. SPECTER. Mr. President, I seek recognition to comment on the Senate's passage of the USA PATRIOT Improvement and Reauthorization Act of 2005. When I introduced this legislation just 2 weeks ago with my colleagues Senator Feinstein and Senator Kyl, I did not expect to be lauding its passage so soon but I am gratified by what we have accomplished in so short a period of time.

The alacrity of the bill's passage is a testament to the significant work that preceded its introduction and the intense efforts of many in the days that followed. The bill has been refined and improved to address the concerns of those on both sides of the political aisle.

The bill has been modified to exclude some provisions that may have had unintended consequences. For example, a provision that would have required criminal investigators to notify a court after sharing the contents of a criminal wiretap with intelligence officers was deleted in response to concerns that it might have discouraged interagency information sharing. Likewise, a provision that increased requirements for pen registers under the Foreign Intelligence Surveillance Act, or FISA, was removed to maintain parity between intelligence-related pen registers and criminal pen registers. And, a provision requiring public reporting of FISA pen register information was removed, in favor of enhanced congressional access to this information.

At the same time, additional safeguards have been added to the bill to ensure that the authorities conferred by the PATRIOT Act are utilized in a manner that preserves civil liberties. For example, for delayed notice or so-called ``sneak and peek'' warrants, the bill now requires notice of the search to be given within seven days of its execution, unless the court finds that the facts of the case justify a later date. This change is consistent with pre-PATRIOT case law in at least two circuits, which favored initial delays of seven days. Nevertheless, the revised bill gives law enforcement the flexibility to obtain longer delays with court approval, if justified by the facts.

We have also modified the relevance standard for court orders to obtain business records and tangible things in intelligence cases, the so-called ``library'' provision. As introduced, the bill required applications for such orders to include ``a statement of facts'' showing ``reasonable grounds to believe that the records or other things sought are relevant to an authorized investigation.'' The revised bill further defines relevant records as those that: (1) pertain to a foreign power or an agent of a foreign power; (2) are relevant to the activities of a suspected agent of a foreign power; or

(3) pertain to an individual in contact with, or known to, a suspected agent of a foreign power. This language addresses concerns about government ``fishing'' expeditions, but maintains substantial latitude for legitimate terrorism investigations.

These changes and similar improvements, many of which were hammered out during late-night negotiations among Judiciary Committee staff, led to a hard-won unanimous vote when the committee considered the legislation last week. Indeed, this compromise secured the support of ardent conservatives and liberals alike, including the one member who voted against the original PATRIOT Act--my colleague from Wisconsin, Senator Feingold.

As I said when I introduced this legislation, the recent attacks in London serve as reminder that the danger of international terrorism remains real, and has not abated in the years since 9/11. So, we must remain vigilant, and we must be cautious not to recreate the legal circumstances that arguably contributed to significant intelligence failures before 9/11. As I have said, reauthorizing the PATRIOT Act, while incorporating improvements designed to safeguard our liberties and enhance oversight, is the right thing to do. So I am very pleased that the Senate has overcome partisan differences to endorse this bill unanimously.

Before I close, I would like to take a moment to thank those who have contributed to this significant achievement. First, I thank my original cosponsors, Senators Feinstein and Kyl, for the leadership they have demonstrated on terrorism matters. I also thank Senator Leahy, the committee's ranking member, for working to secure broad bipartisan support of this measure and contributing substantially to the bill itself. I am also grateful to all of the members of the Judiciary Committee who made important improvements to the final bill and demonstrated a remarkable willingness to work together in a collegial fashion.

I offer a special thanks to the distinguished chairman of the Select Committee on Intelligence, Senator Roberts. Together with the vice chairman, Senator Rockefeller, he held several oversight hearings on the PATRIOT Act, and reported a separate reauthorization bill. His bill, and his expertise, will continue to inform our review of the PATRIOT Act's intelligence provisions.

I am also grateful to my predecessor as chairman of the Judiciary Committee, Senator Hatch, who played a leading role in passage of the original PATRIOT Act and has been a strong advocate for the act in the years since it was enacted.

I also thank our majority and minority leaders, Senators Frist and Reid, for the personal attention that they and their staffs have devoted to this legislation and the efforts to secure unanimous consent for its passage.

Finally, I thank my own staff who have worked tirelessly on this bill. Those who have assisted with this measure are too numerous to mention, but I would like to acknowledge the steady leadership of the Judiciary Committee's chief counsel, Michael O'Neill, chief of staff and staff director, David Brog, and deputy chief counsel, Joe Jacquot. I also thank chief crime counsel Brett Tolman and counsel Nick Rossi for spearheading this effort. They were greatly aided by my general counsel, Carolyn Short, counsels Hannibal Kemerer and Evan Kelly, and staff members Adam Turner, Lisa Owings, Kim Aytes, Viana Cabral, Diane Paulitz and Lissa Camacho. We all know that our work is supported by a large cast of talented staff, and I am very grateful to my staff, and the entire staff of the Judiciary Committee, for their efforts on this important legislation.

With regard to the staff of other Members, I extend my personal thanks to Steven Cash with Senator Feinstein; Joe Matal and Stephen Higgins with Senator Kyl; Bruce Cohen, Julie Katzman and Tara Magner with Senator Leahy; Bruce Artim and Ken Valentine with Senator Hatch; Joe Zogby with Senator Durbin; Rita Lari and Chad Groover with Senator Grassley; Reed O'Connor with Senator Cornyn; Neil McBride and Eric Rosen with Senator Biden; Ajit Pai with Senator Brownback; Preet Bahara with Senator Schumer; Paul Thompson with Senator DeWine; Lara Flint with Senator Feingold; Cindy Hayden and Amy Blankenship with Senator Sessions; Mary Chesser with Senator Coburn; Mark Blumberg and Christine Leonard with Senator Kennedy; Nate Jones and Patricia Curran with Senator Kohl; and James Galyean with Senator Graham. Their willingness to work closely with my staff under sometimes difficult circumstances was much appreciated.

This bill heeds President Bush's call to renew the PATRIOT Act. All of the act's provisions have been renewed, and all but two provisions have been made permanent. At the same time, we have made responsible changes to safeguard civil liberties. Now we must move forward to a conference with the House in the hopes of quickly presenting President Bush with a bill he can sign into law. I am proud of what we have accomplished thus far, and I look forward to our conference with the other body.

Mr. LEAHY. Mr. President, last week, the Committee on the Judiciary did something that the administration has been urging us to do all year--we reported a bill that reauthorizes every expiring provision of the USA PATRIOT Act. This achievement was particularly notable for its bipartisanship. Following months of intense negotiations involving members from both sides of the aisle, we produced a consensus bill that won the support of every member of the committee. I commend Chairman Specter and all members of the committee for their work on this important legislation. We made possible something that many of us would have thought impossible just a few weeks ago: a PATRIOT Act improvement and reauthorization package approved by every Member of the U.S. Senate.

The bill we pass today--S. 1389, as reported--has three key elements.

First, the bill protects the privacy interests of Americans. It requires the Government to convince a judge that a person is connected to terrorism or espionage before obtaining their library records, medical records or other sensitive personal information. It also requires the Government to notify the target of a ``sneak and peek'' search within 7 days, instead of the undefined delay that is currently permitted by the PATRIOT Act.

Second, the bill enhances judicial oversight and protects free speech rights. It gives the recipient of an order for sensitive personal information the right to challenge the order in court on the same grounds as they could challenge a grand jury subpoena. It also provides a right to challenge the gag order that currently prevents people who receive a request for records from speaking out even if they feel the Government is violating their rights.

Third, the bill increases transparency and ensures accountability. One of my principal objectives in this reauthorization process has been to introduce more sunshine into the PATRIOT Act. The reported bill requires increased reporting by the Department of Justice on its use of several PATRIOT Act powers, including roving wiretaps, business record orders, and ``sneak and peak'' search warrants. It also sets a 4-year

``sunset'' on three domestic surveillance powers with great potential to affect civil liberties.

Like the PATRIOT Act itself, S. 1389 is not the bill that I, or any Member, would have written if compromise were unnecessary. I would have liked the bill to include additional checks and balances on certain Government surveillance powers granted or expanded by the PATRIOT Act. I would have liked the bill to include more sunshine provisions, as well as additional sunsets. I regret that the bill repeals a sunset provision that Congress enacted last year and that is not due to expire until the end of 2006.

While far from perfect, S. 1389 is a good bill, which moves the law in what I believe is the right direction. The bill is also substantially better, from a civil liberties perspective, than either the House bill, H.R. 3199, or the bill reported by the Senate Select Committee on Intelligence, S. 1266. And as the product of true bipartisanship--an 18-to-0 vote is something you do not see every day in the Senate Judiciary Committee--it is a bill in which the American people can and should have confidence. I hope that the bipartisan effort that got us to this point will carry over to the conference and speed this bill to final passage.

Mr. FEINGOLD. Mr. President, I want to say a few words about the version of S. 1389, the USA PATRIOT Act Improvement and Reauthorization Act, that the Judiciary Committee unanimously reported last week. I am pleased that the Senate is about to pass it without modification.

The compromise that the Judiciary Committee worked out addresses a number of the concerns that I have been talking about since October 2001 when the Senate first considered the PATRIOT Act on the floor. We have come a long way since that night, and I am grateful for the efforts of my colleagues to try to deal with the civil liberties concerns that have been raised both here in the Senate and around the country. This is not a perfect bill, but it is a good bill.

This bill does not address all of the problems with the PATRIOT Act. But the compromise does deal with the core concerns that I and others have had about the standard for section 215 orders, sneak and peek search warrants, and meaningful judicial review of section 215 orders and National Security Letters, including judicial review of the gag rule. It does not go as far on any of these issues as the SAFE Act, but it does make meaningful changes to current law.

I want to be clear that this will not be the end of my efforts to further fix the PATRIOT Act. This bipartisan compromise takes a big step in the right direction, and I am pleased that I can support it, but I will continue to push for additional changes to the law.

I also want to caution that the conference process must not be allowed to dilute the safeguards in this bill. This Senate bill goes much further than the House version in ensuring that Americans' civil liberties will be protected. I urge the Senate conferees to fight--and fight hard--for this bill.

Mrs. FEINSTEIN. Mr. President, I am pleased to rise today in support of the USA PATRIOT Improvement and Reauthorization Act of 2005.

I understand that the Senate will shortly pass this legislation by unanimous consent, and I want to take this opportunity to thank Chairman Specter and Ranking Member Leahy for the efforts to move this bill forward in a careful, collegial and effective matter. I believe the bill we pass today strikes a good balance between our nations need to defend against terrorism, and maintaining our deeply held civil liberties.

The USA PATRIOT Act is one of the most consequential laws that has ever been passed by Congress. It made wide ranging, and necessary changes to our intelligence and law-enforcement communities, giving them the tools they need to defeat this Nation's most dangerous and insidious enemies.

When we passed the PATRIOT Act shortly after September 11, 2001, we recognized that this was very significant legislation, providing new authorities to the Government. That's why we committed ourselves to vigorous and in-depth oversight of the implementation of the Act. In fact, sixteen of the most controversial provisions came with ``sunset clauses,'' which would cause them to expire in December of this year.

Since 2001, I have worked, along with my colleagues on both the Judiciary and Intelligence Committees to carry out that oversight. The result has been literally hundreds of hours of hearings, briefings, and document reviews. We asked tough questions, and got answers. We did extensive research, and consulted with a wide array of experts.

As part of my effort to oversee the implementation of the USA PATRIOT Act, I asked the ACLU, in a letter dated March 25, 2005, to provide an update of their October 2003 statement that they did not know of any abuses of the USA PATRIOT Act.

On April 4, 2005, the ACLU published a reply to my letter, in which they listed what they described as `abuses and misuses' of the Act. I carefully reviewed each of the examples provided in the letter. I also reviewed information provided to me by the Department of Justice about each of the examples. And while I understand the concerns raised by the ACLU, it does not appear that these charges rose to the level of

`abuse' of the PATRIOT Act.

This conclusion has been borne out by numerous inquiries, hearings and briefings. Simply put, there have been no sustainable allegations of serious abuse of the Act.

That said, I believe that we can, and should, make some changes to the PATRIOT Act to ensure it is less likely to be abused in the future.

Furthermore, I am confident that the expiring USA PATRIOT Act provisions should be retained. The sixteen sunsetted provisions are generally working and should be reauthorized with some of the modifications reflected in the bill we take up today.

The bottom line is that the Judiciary Committee was able to do its work, and reach appropriate compromises. This allowed the cmmittee to favorably report this bill by a vote of 18-0. This type of consensus and bipartisanship is welcome and bodes well for our continued work on these critical issues.

This Nation faces difficult times. We know that there are those already in our country or trying to enter our country who would do us grievous injury and harm unless we can stop them--and to stop them, we must find them first--before they act, not after they act. Therefore, this bill is necessary and prudent.

This legislation would permanently reauthorize 14 of the 16 provisions scheduled to sunset in December 2005 and extend two other provisions, multi-point, roving wiretaps, and the acquisition of business record, until December 2009.

I believe it was important to extend, rather than eliminate, the sunsets on these two most controversial provisions--they warrant continued scrutiny.

But this legislation does not merely extend the sunsets. It makes improvements to key portions of the act. The bill approved by Committee, and which take up today, went even further in strengthening the USA PATRIOT Act and protecting the civil liberties of Americans. It included the following modifications:

Clarifying the rules governing multipoint wiretaps as well as regulating the acquisition of business records in the course of foreign intelligence investigations by requiring that a judge determine that the request is relevant to a national security intelligence investigation, and increases the amount of information that must be provided to Congress to ensure adequate and effective oversight.

Changing Section 215 of the USA PATRIOT Act FISA Tangible Item Orders or the so-called ``library provision,'' tightening the requirement to make it clear that investigators must not only show relevance but also that the request pertains to a known or suspected agent of a foreign power or their associates.

Changing Section 213 of the USA PATRIOT Act, Delayed Notification of Search Warrants or ``Sneak and Peak,'' to include a ``7-day default'' for delayed notice search warrants. Extension of this delay is permitted to dates certain, limited to 90 days or less unless the facts of the case justify a longer period of delay, but only upon showing of facts supporting that request.

Changing Section 212 of the USA PATRIOT Act, so that electronic service provider, Verizon, Comcast, etc., are authorized to voluntarily, i.e., without a warrant, disclose customer records and the content of communications in an emergency situation--where delay could be harmful, but without a need to show ``immediacy.''

Changing Section 214 of the USA PATRIOT Act, FISA Pen Registers/Trap and Trace Devices, in a way that makes them consistent with those used in criminal cases.

Changing Section 505 of the USA PATRIOT Act, National Security Letter Protection, c1arifying that any person contesting an order to produce a tangible thing, can not only challenge the order, but also any gag-

order accompanying it.

Taken as a whole, these changes help ensure that these key provisions are used responsibly, in a focused and effective manner and against our Nation's enemies, not against ordinary Americans. They provide critical additional civil liberties protections, without sacrificing the safety of Americans. I strongly believe that Congress's responsibility does not end when it passes a law. We have an obligation to carry out vigorous oversight. We have an obligation to adjust and fine-tune laws to fit changing circumstances. We have an obligation to see that the law accomplishes its aims and remains balanced and appropriate.

I believe the bill before us represents the result of fulfilling those obligations, strikes a careful balance and should be approved.

The PRESIDING OFFICER. The Senator from Illinois is recognized.

Mr. DURBIN. Mr. President, reserving the right to object to the unanimous consent request pending, I will make a brief statement regarding the PATRIOT Act, which is now being considered.

I rise in support of the compromise legislation. It is an amazing legislative achievement. This revision of the PATRIOT Act was enacted by the Senate Judiciary Committee, on which I am privileged to serve, by a vote of 18 to 0--a bipartisan vote--which indicated that both sides of the table came together in an effort to make meaningful revisions to the PATRIOT Act which will protect our freedom but not compromise our security.

We all remember the PATRIOT Act was passed shortly after 9/11, when we were the most engaged in the emotions of the moment. We worried that we might have another attack, and we needed to give our Government powers to protect us. But we worried as well that we might go too far in our emotion in the moment, so we included sunset provisions in the PATRIOT Act which forced us to revisit it. Those sunset provisions turned out to be exceedingly wise. They brought us back in the last few weeks to take another close look at that PATRIOT Act.

In the meantime, many people stepped forward with criticism of the original PATRIOT Act. One of those was my colleague, Senator Larry Craig of Idaho. He and I probably have the most different voting records of any Senators you might find on the Senate floor--he being on the Republican side and my being on the Democratic side--yet we sat down and looked at the PATRIOT Act and found we had many concerns. We put together a bipartisan revision of the act, called the SAFE Act, which suggested some changes in the bill. We attracted support from across the political spectrum--from the American Conservative Union and the American Civil Liberties Union, from a wide range of different groups, right and left and center, who raised serious and important questions about whether the PATRIOT Act should be changed.

We brought that conversation to the Judiciary Committee while they were deliberating on this version of the PATRIOT Act. I am happy to report that many of the principles that Senator Craig and I were urging were included in this final revision of the act which now comes before us on the floor of the Senate.

There were some who worried that we might not reach that point because an early version of the SAFE Act had been threatened with a veto by the Bush White House. Nevertheless, we found that when we could come together and reason together, we could produce a work product that we believe will be acceptable not only to the Senate but we hope to the House and to the President.

Like the SAFE Act, the Senate bill retains all of the new powers created by the PATRIOT Act. That is an important thing to say and underline. Like the SAFE Act, it enhances judicial oversight and requires the Government to report to the Congress and the American people on the use of the PATRIOT Act.

Like the SAFE Act, it protects the privacy and free speech rights of innocent Americans. Here is one example: The bill would require the Government to convince a judge that a person is connected to terrorism or espionage before obtaining their library records, medical records, financial data, or other sensitive personal information. That is the right thing to do. The bill isn't perfect, but it moves us in the right direction.

Let me say a word as I close. One of the most unlikely groups became so important in this debate--the American Library Association. I cannot recall a time in recent memory when this organization showed such leadership. Time and again, they came forward to tell us that they wanted to protect the privacy of their patrons at libraries across America who might come in and take out a magazine or book, and they certainly didn't want to do that with the knowledge that the Government could sweep up all of the library records and sift through them to see if anybody had checked out a suspicious book. They sent us petitions gathered from libraries across the Nation, and I think they really did good work on behalf of our Constitution and our rights and liberties guaranteed under the Bill of Rights.

I wish to dedicate any success we have with this revision of the PATRIOT Act to the American Library Association and all those who stood with them in asking that we make meaningful changes to the act without eliminating the important provisions that continue to make America safe.

This bill today is not perfect. That's the nature of a compromise. But it does significantly improve the Patriot Act, and it extends the sunset for several controversial provisions so Congress will have another opportunity to review them in four years.

In contrast, the House of Representatives last week passed a flawed bill that would extend the Patriot Act's expiring provisions, but not fix its fundamental problems. Many Republicans and Democrats voted against the bill because it doesn't protect our constitutional rights.

The Senate bill should serve as a model for how Republicans and Democrats can come together to protect our fundamental constitutional rights and give the government the powers it needs. This legislation shows that we can fight terrorism without changing the nature of our free and open society. It shows that we can be safe and free.

I urge my colleagues to support this legislation and to maintain this approach and balance in the Conference Committee.

I withdraw any reservation and accept the unanimous consent pending before the Senate.

The PRESIDING OFFICER. Without objection, the request is agreed to.

The bill (H.R. 3199), as amended, was read the third time and passed, as follows:

H.R. 3199

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ``USA PATRIOT and Terrorism Prevention Reauthorization Act of 2005''.

(b) Table of Contents.--The table of contents for this Act is as follows:

Sec. 1. Short title; table of contents.

TITLE I--USA PATRIOT AND TERRORISM PREVENTION REAUTHORIZATION ACT

Sec. 101. References to USA Patriot Act.

Sec. 102. USA Patriot Act sunset provisions.

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

Sec. 104. Repeal of sunset provision relating to section 2332b and the material support sections of title 18, United States

Code.

Sec. 105. Sharing of electronic, wire, and oral interception information under section 203(b) of the USA Patriot Act.

Sec. 106. Duration of FISA surveillance of non-United States persons under section 207 of the USA Patriot Act.

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

USA Patriot Act.

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

Patriot Act.

Sec. 109. Specificity and notification for roving surveillance authority under section 206 of the USA Patriot Act.

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

Sec. 111. Forfeiture.

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

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

Code.

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

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

Sec. 116. Judicial review of national security letters.

Sec. 117. Confidentiality of national security letters.

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

Sec. 119. Reports.

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

USA Patriot Act.

Sec. 121. Limitation on authority to delay notice.

Sec. 122. Interception of communications.

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

Sec. 124. Prohibition of narco-terrorism.

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

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

Sec. 127. Repeal of first responder grant program.

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

Sec. 129. Oversight.

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

Sec. 131. Removal of civil liability barriers that discourage the donation of fire equipment to volunteer fire companies.

Sec. 132. Report by Attorney General.

Sec. 133. Sense of Congress.

TITLE II--TERRORIST DEATH PENALTY ENHANCEMENT

Sec. 201. Short title.

Subtitle A--Terrorist Penalties Enhancement Act

Sec. 211. Terrorist offense resulting in death.

Sec. 212. Denial of Federal benefits to terrorists.

Sec. 213. Death penalty procedures for certain air piracy cases occurring before enactment of the Federal Death Penalty

Act of 1994.

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

Sec. 215. Postrelease supervision of terrorists.

Subtitle B--Prevention of Terrorist Access to Destructive Weapons Act

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

Subtitle C--Federal Death Penalty Procedures

Sec. 231. Modification of death penalty provisions.

TITLE III--REDUCING CRIME AND TERRORISM AT AMERICA'S SEAPORTS

Sec. 301. Short title.

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

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

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

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

Sec. 306. Transportation of dangerous materials and terrorists.

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

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

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

Sec. 310. Stowaways on vessels or aircraft.

Sec. 311. Bribery affecting port security.

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

Sec. 313. Smuggling goods from the United States.

TITLE IV--COMBATING TERRORISM FINANCING

Sec. 401. Short title.

Sec. 402. Increased penalties for terrorism financing.

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

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

Sec. 405. Money laundering through Hawalas.

Sec. 406. Technical and conforming amendments relating to the USA

Patriot Act.

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

Sec. 408. Cross reference correction.

Sec. 409. Amendment to amendatory language.

Sec. 410. Designation of additional money laundering predicate.

TITLE I--USA PATRIOT AND TERRORISM PREVENTION REAUTHORIZATION ACT

SEC. 101. REFERENCES TO USA PATRIOT ACT.

A reference in this Act to the USA PATRIOT ACT shall be deemed a reference to the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001.

SEC. 102. USA PATRIOT ACT SUNSET PROVISIONS.

(a) In General.--Section 224 of the USA PATRIOT ACT is repealed.

(b) Sections 206 and 215 Sunset.--Effective December 31, 2015, the Foreign Intelligence Surveillance Act of 1978 is amended so that sections 501, 502, and 105(c)(2) read as they read on October 25, 2001.

SEC. 103. REPEAL OF SUNSET PROVISION RELATING TO INDIVIDUAL

TERRORISTS AS AGENTS OF FOREIGN POWERS.

Section 6001 of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3742) is amended by--

(1) striking subsection (b); and

(2) striking ``(a)'' and all that follows through

``Section'' and inserting ``Section''.

SEC. 104. REPEAL OF SUNSET PROVISION RELATING TO SECTION

2332B AND THE MATERIAL SUPPORT SECTIONS OF

TITLE 18, UNITED STATES CODE.

Section 6603 of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3762) is amended by striking subsection (g).

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

INFORMATION UNDER SECTION 203(B) OF THE USA

PATRIOT ACT.

Section 2517(6) of title 18, United States Code, is amended by adding at the end the following: ``Within a reasonable time after a disclosure of the contents of a communication under this subsection, an attorney for the Government shall file, under seal, a notice with a judge whose order authorized or approved the interception of that communication, stating the fact that such contents were disclosed and the departments, agencies, or entities to which the disclosure was made.''.

SEC. 106. DURATION OF FISA SURVEILLANCE OF NON-UNITED STATES

PERSONS UNDER SECTION 207 OF THE USA PATRIOT

ACT.

(a) Electronic Surveillance.--Section 105(e) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1805(e)) is amended--

(1) in paragraph (1)(B), by striking ``, as defined in section 101(b)(1)(A)'' and inserting ``who is not a United States person''; and

(2) in subsection (2)(B), by striking ``as defined in section 101(b)(1)(A)'' and inserting ``who is not a United States person''.

(b) Physical Search.--Section 304(d) of such Act (50 U.S.C. 1824(d)) is amended--

(1) in paragraph (1)(B), by striking ``as defined in section 101(b)(1)(A)'' and inserting ``who is not a United States person''; and

(2) in paragraph (2), by striking ``as defined in section 101(b)(1)(A)'' and inserting ``who is not a United States person''.

(1) by striking ``(e) An'' and inserting ``(e)(1) Except as provided in paragraph (2), an''; and

(2) by adding at the end the following new paragraph:

``(2) In the case of an application under subsection (c) where the applicant has certified that the information likely to be obtained is foreign intelligence information not concerning a United States person, an order, or an extension of an order, under this section may be for a period not to exceed one year.''.

SEC. 107. ACCESS TO CERTAIN BUSINESS RECORDS UNDER SECTION

215 OF THE USA PATRIOT ACT.

(a) Establishment of Relevance Standard.--Subsection (b)(2) of section 501 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861) is amended by striking ``to obtain'' and all that follows and inserting ``and that the information likely to be obtained from the tangible things is reasonably expected to be (A) foreign intelligence information not concerning a United States person, or (B) relevant to an ongoing investigation to protect against international terrorism or clandestine intelligence activities.''.

(b) Clarification of Judicial Discretion.--Subsection

(c)(1) of such section is amended to read as follows:

``(c)(1) Upon an application made pursuant to this section, if the judge finds that the application meets the requirements of subsections (a) and (b), the judge shall enter an ex parte order as requested, or as modified, approving the release of records.''.

``(d)(1) No person shall disclose to any person (other than a qualified person) that the United States has sought or obtained tangible things under this section.

``(2) An order under this section shall notify the person to whom the order is directed of the nondisclosure requirement under paragraph (1).

``(3) Any person to whom an order is directed under this section who discloses that the United States has sought to obtain tangible things under this section to a qualified person with respect to the order shall inform such qualified person of the nondisclosure requirement under paragraph (1) and that such qualified person is also subject to such nondisclosure requirement.

``(4) A qualified person shall be subject to any nondisclosure requirement applicable to a person to whom an order is directed under this section in the same manner as such person.

``(5) In this subsection, the term `qualified person' means--

``(A) any person necessary to produce the tangible things pursuant to an order under this section; or

``(B) an attorney to obtain legal advice with respect to an order under this section.''.

(d) Judicial Review.--

(1) Petition review panel.--Section 103 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803) is amended by adding at the end the following new subsection:

``(e)(1) Three judges designated under subsection (a) who reside within 20 miles of the District of Columbia, or if all of such judges are unavailable, other judges of the court established under subsection (a) as may be designated by the Presiding Judge of such court (who is designated by the Chief Justice of the United States from among the judges of the court), shall comprise a petition review panel which shall have jurisdiction to review petitions filed pursuant to section 501(f)(1).

``(2) Not later than 60 days after the date of the enactment of the USA PATRIOT and Terrorism Prevention Reauthorization Act of 2005, the court established under subsection (a) shall develop and issue procedures for the review of petitions filed pursuant to section 501(f)(1) by the panel established under paragraph (1). Such procedures shall provide that review of a petition shall be conducted ex parte and in camera and shall also provide for the designation of an Acting Presiding Judge.''.

(2) Proceedings.--Section 501 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861) is further amended by adding at the end the following new subsection:

``(f)(1) A person receiving an order to produce any tangible thing under this section may challenge the legality of that order by filing a petition in the panel established by section 103(e)(1). The Presiding Judge shall conduct an initial review of the petition. If the Presiding Judge determines that the petition is frivolous, the Presiding Judge shall immediately deny the petition and promptly provide a written statement of the reasons for the determination for the record. If the Presiding Judge determines that the petition is not frivolous, the Presiding Judge shall immediately assign the petition to one of the judges serving on such panel. The assigned judge shall promptly consider the petition in accordance with procedures developed and issued pursuant to section 103(e)(2). The judge considering the petition may modify or set aside the order only if the judge finds that the order does not meet the requirements of this section or is otherwise unlawful. If the judge does not modify or set aside the order, the judge shall immediately affirm the order and order the recipient to comply therewith. A petition for review of a decision to affirm, modify, or set aside an order by the United States or any person receiving such order shall be to the court of review established under section 103(b), which shall have jurisdiction to consider such petitions. The court of review shall immediately provide for the record a written statement of the reasons for its decision and, on petition of the United States or any person receiving such order for writ of certiorari, the record shall be transmitted under seal to the Supreme Court, which shall have jurisdiction to review such decision.

``(2) Judicial proceedings under this subsection shall be concluded as expeditiously as possible. The judge considering a petition filed under this subsection shall provide for the record a written statement of the reasons for the decision. The record of proceedings, including petitions filed, orders granted, and statements of reasons for decision, shall be maintained under security measures established by the Chief Justice of the United States in consultation with the Attorney General and the Director of National Intelligence.

``(3) All petitions under this subsection shall be filed under seal, and the court, upon the government's request, shall review any government submission, which may include classified information, as well as the government's application and related materials, ex parte and in camera.''.

(e) FBI Director Required To Apply for Order of Production of Records From Library or Bookstore.--Section 501(a) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861(a)) is amended--

(1) in paragraph (1), by striking ``The Director'' and inserting ``Subject to paragraph (3), the Director''; and

(2) by adding at the end the following new paragraph:

``(3) In the case of an application for an order requiring the production of tangible things described in paragraph (1) from a library or bookstore, the Director of the Federal Bureau of Investigation shall not delegate the authority to make such application to a designee.''.

SEC. 108. REPORT ON EMERGENCY DISCLOSURES UNDER SECTION 212

OF THE USA PATRIOT ACT.

Section 2702 of title 18, United States Code, is amended by adding at the end the following:

``(d) Report.--On an annual basis, the Attorney General shall submit to the Committees on the Judiciary of the House and the Senate a report containing--

``(1) the number of accounts from which the Department of Justice has received voluntary disclosures under subsection

(b)(8); and

``(2) a summary of the basis for disclosure in those instances where--

``(A) voluntary disclosure under subsection (b)(8) was made to the Department of Justice; and

``(B) the investigation pertaining to those disclosures was closed without the filing of criminal charges.''.

SEC. 109. SPECIFICITY AND NOTIFICATION FOR ROVING

SURVEILLANCE AUTHORITY UNDER SECTION 206 OF THE

USA PATRIOT ACT.

(a) Inclusion of Specific Facts in Application.--Section 105(c)(2)(B) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1805(c)(2)(B)) is amended by striking ``where the Court finds'' and inserting ``where the Court finds, based upon specific facts provided in the application,''.

(b) Notification of Surveillance of New Facility or Place.--Section 105(c)(2) of such Act is amended--

(1) in subparagraph (C), by striking ``and'' at the end;

(2) in subparagraph (D), by striking the period at the end and inserting ``; and''; and

(3) by adding at the end the following new subparagraph:

``(E) that, in the case of electronic surveillance directed at a facility or place that is not known at the time the order is issued, the applicant shall notify a judge having jurisdiction under section 103 at the earliest reasonable time as determined by the court, but in no case later than 15 days, after electronic surveillance begins to be directed at a new facility or place, and such notice shall contain a statement of the facts and circumstances relied upon by the applicant to justify the belief that the facility or place at which the electronic surveillance is or was directed is being used, or is about to be used, by the target of electronic surveillance and shall specify the total number of electronic surveillances that have been or are being conducted under the authority of the order.''.

SEC. 110. PROHIBITION ON PLANNING TERRORIST ATTACKS ON MASS

TRANSPORTATION.

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

(1) by striking ``or'' at the of paragraph (7);

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

(3) by inserting after paragraph (7) the following:

``(8) surveils, photographs, videotapes, diagrams, or otherwise collects information with the intent to plan or assist in planning any of the acts described in the paragraphs (1) through (7); or''.

SEC. 111. FORFEITURE.

Section 981(a)(1)(B)(i) of title 18, United States Code, is amended by inserting ``trafficking in nuclear, chemical, biological, or radiological weapons technology or material, or'' after ``involves''.

SEC. 112. ADDING OFFENSES TO THE DEFINITION OF FEDERAL CRIME

OF TERRORISM.

Section 2332b)(g)(5)(B)(i) of title 18, United States Code, is amended--

(1) by inserting ``, 2339D (relating to military-type training from a foreign terrorist organization)'' before ``, or 2340A''; and

(2) by inserting ``832 (relating to nuclear and weapons of mass destruction threats),'' after ``831 (relating to nuclear materials),''.

SEC. 113. AMENDMENTS TO SECTION 2516(1) OF TITLE 18, UNITED

STATES CODE.

(a) Paragraph (c) Amendment.--Section 2516(1)(c) of title 18, United States Code, is amended--

(1) by inserting ``section 37 (relating to violence at international airports), section 175b (relating to biological agents or toxins)'' after ``the following sections of this title:'';

(2) by inserting ``section 832 (relating to nuclear and weapons of mass destruction threats), section 842 (relating to explosive materials), section 930 (relating to possession of weapons in Federal facilities),'' after ``section 751

(relating to escape),'';

(3) by inserting ``section 1114 (relating to officers and employees of the United States), section 1116 (relating to protection of foreign officials), sections 1361-1363

(relating to damage to government buildings and communications), section 1366 (relating to destruction of an energy facility), '' after ``section 1014 (relating to loans and credit applications generally; renewals and discounts),'';

(4) by inserting ``section 1993 (relating to terrorist attacks against mass transportation), sections 2155 and 2156

(relating to national-defense utilities), sections 2280 and 2281 (relating to violence against maritime navigation),'' after ``section 1344 (relating to bank fraud),''; and

(5) by inserting ``section 2340A (relating to torture),'' 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 (relating to aggravated identity theft)'' after ``other documents''.

(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''.

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:

``Sec. 1992. Terrorist attacks and other violence against railroad carriers and against mass transportation systems on land, on water, or through the air

``(a) General Prohibitions.--Whoever, in a circumstance described in subsection (c), knowingly--

``(1) wrecks, derails, sets fire to, or disables railroad on-track equipment or a mass transportation 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 biological agent or toxin on or near any property described in subparagraph

(A) or (B) of paragraph (3);

``(3) sets fire to, undermines, makes unworkable, unusable, or hazardous to work on or use, or places any biological agent or toxin, destructive substance, or destructive device in, upon, or near any--

``(A) tunnel, bridge, viaduct, trestle, track, electromagnetic guideway, signal, station, depot, warehouse, terminal, or any other way, structure, property, or appurtenance used in the operation 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 transportation provider, and with intent to, or knowing or having reason to know such activity would likely, derail, disable, or wreck a mass transportation vehicle used, operated, or employed by a mass transportation provider; or

``(4) removes an appurtenance from, damages, or otherwise impairs the operation of a railroad signal system or mass transportation signal or dispatching system, including a train control system, centralized dispatching system, or highway-railroad grade crossing warning signal, without authorization from the railroad carrier or mass transportation provider;

``(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 maintaining railroad on-track equipment or a mass transportation 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 property described in subparagraph (A) or (B) of paragraph (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;

``(7) conveys false information, knowing the information to be false, concerning an attempt or alleged attempt that was made, is being made, or is to be made, to engage in a violation of this subsection; 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 circumstance 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 radioactive 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 material at the time of the offense that--

``(A) was required to be placarded under subpart F of part 172 of title 49, Code of Federal Regulations; and

``(B) is identified as class number 3, 4, 5, 6.1, or 8 and packing group I or packing group II, or class number 1, 2, or 7 under the hazardous materials table of section 172.101 of title 49, Code of Federal Regulations; or

``(4) the offense results in the death of any person,

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 imprisonment 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 conspiracy to engage in conduct, the conduct required for the completed offense would be, engaged in, on, against, or affecting a mass transportation provider or 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 transports materials across a State line in aid of the commission of the offense.

``(d) Definitions.--In this section--

``(1) the term `biological agent' has the meaning given to that term in section 178(1);

``(2) the term `dangerous weapon' means a weapon, device, instrument, material, or substance, animate or inanimate, that is used for, or is readily capable of, causing death or serious bodily injury, including a pocket knife with a blade of more than 2\1/2\ inches in length and a box cutter;

``(3) the term `destructive device' has the meaning given to that term in section 921(a)(4);

``(4) the term `destructive substance' means an explosive substance, flammable material, infernal machine, or other chemical, mechanical, or radioactive device or material, or matter of a combustible, contaminative, corrosive, or explosive nature, except that the term `radioactive device' does not include any radioactive device or material used solely for medical, industrial, research, or other peaceful purposes;

``(5) the term `hazardous material' has the meaning given to that term in chapter 51 of title 49;

``(6) the term `high-level radioactive waste' has the meaning given to that term in section 2(12) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101(12));

``(7) the term `mass transportation' has the meaning given to that term in section 5302(a)(7) of title 49, except that the 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 equipment used, operated, or employed by a railroad carrier;

``(10) the term `railroad' has the meaning given to that term in chapter 201 of title 49;

``(11) the term `railroad carrier' has the meaning given to that term in chapter 201 of title 49;

``(12) the term `serious bodily injury' has the meaning given to that term in section 1365;

``(13) the term `spent nuclear fuel' has the meaning given to that term in section 2(23) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101(23));

``(14) the term `State' has the meaning given to that term in section 2266;

``(15) the term `toxin' has the meaning given to that term in section 178(2); and

``(16) the term `vehicle' means any carriage or other 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 TRANSPORTATION SYSTEMS ON LAND, ON WATER, OR THROUGH THE AIR'';

(B) by striking the items relating to sections 1992 and 1993; and

``1992. Terrorist attacks and other violence against railroad carriers and against mass transportation systems on land, on water, or through the air.''.

(2) The table of chapters at the beginning of part I of title 18, United States Code, is amended by striking the item relating to chapter 97 and inserting the following:

``97. Railroad carriers and mass transportation systems on land, on water, or through the air...................................1991''.

(3) Title 18, United States Code, is amended--

(A) in section 2332b(g)(5)(B)(i), by striking ``1992

(relating to wrecking trains), 1993 (relating to terrorist attacks and other acts of violence against mass transportation systems),'' and inserting ``1992 (relating to terrorist attacks and other acts of violence against railroad carriers and against mass transportation systems on land, on water, or through the air),'';

(B) in section 2339A, by striking ``1993,''; and

(C) in section 2516(1)(c) by striking ``1992 (relating to wrecking trains),'' and inserting ``1992 (relating to terrorist attacks and other acts of violence against railroad carriers and against mass transportation systems on land, on water, or through the air),''.

SEC. 116. JUDICIAL REVIEW OF NATIONAL SECURITY LETTERS.

Chapter 223 of title 18, United States Code, is amended--

(1) by inserting at the end of the table of sections the following new item:

``3511. Judicial review of requests for information.'';

and

(2) by inserting after section 3510 the following:

``Sec. 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 Reporting Act, section 1114(a)(5)(A) of the Right to Financial Privacy Act, or section 802(a) of the National Security Act of 1947 may, in the United States district court for the district in which that person or entity does business or resides, petition for an order modifying or setting aside the request. The court may modify or set aside the request if compliance would be unreasonable 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 Reporting Act, section 1114(a)(5)A) of the Right to Financial Privacy Act, or section 802(a) of the National Security Act of 1947, may petition any court described in subsection (a) for an order modifying or setting aside a nondisclosure 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 information 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 court may modify or set aside such a nondisclosure requirement if it finds that there is no reason to believe that disclosure may endanger the national security of the United States, interfere with a criminal, counterterrorism, or counterintelligence investigation, interfere with diplomatic relations, or endanger the life or physical safety of any person. 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 conclusive unless the court finds that the certification was made in bad faith.

``(2) If the petition is filed one year or more after the request for records, a report, or other information under section 2709(b) of this title, section 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 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 investigation, 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 disclosure may endanger the national security of the United States, interfere with a criminal, counterterrorism, or counterintelligence investigation, interfere with diplomatic relations, or endanger the life or physical safety of any person. The re-certification that disclosure may endanger of the national security of the United States or interfere with diplomatic relations shall be treated as conclusive 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 filing another petition to modify or set aside such nondisclosure requirement.

``(c) In the case of a failure to comply with a request for records, a report, or other information made to any person or entity under section 2709(b) of this title, section 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 resides, carries on business, or may be found, to compel compliance with the request. The court may issue an order requiring the person or entity to comply with the request. Any failure to obey the order of the court may be punished by the court as contempt thereof. Any process under this section may be served in any judicial district in which the person or entity may be found.

``(d) In all proceedings under this section, subject to any right to an open hearing in a contempt proceeding, the court must close any hearing to the extent necessary to prevent an unauthorized disclosure of a request for records, a report, or other information made to any person or entity under section 2709(b) of this title, section 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. Petitions, filings, records, orders, and subpoenas must also be kept under seal to the extent and as long as necessary to prevent the unauthorized disclosure of a request for records, a report, or other information made to any person or entity under section 2709(b) of this title, section 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 classified information, ex parte and in camera.''.

SEC. 117. CONFIDENTIALITY OF NATIONAL SECURITY LETTERS.

(a) Section 2709(c) of title 18, United States Code, is amended to read:

``(c) Prohibition of Certain Disclosure.--

(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 information or records under this section.

``(2) The request shall notify the person or entity to whom the request is directed of the nondisclosure requirement under paragraph (1).

``(3) Any recipient disclosing to those persons necessary to comply with the request or to an attorney to obtain legal advice with respect to the request shall inform such person of any applicable nondisclosure requirement. Any person who receives a disclosure 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 headquarters or a Special Agent in Charge in a Bureau field office designated by the Director, certifies that otherwise there may result a danger to the national security of the United States, interference with a criminal, counterterrorism, or counterintelligence investigation, interference with diplomatic relations, or danger to the life or physical safety of any person, no consumer reporting agency or officer, employee, or agent of a consumer reporting agency shall disclose to any person (other than those to whom such disclosure is necessary 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 the identity of financial institutions or a consumer report respecting any consumer under subsection (a),

(b), or (c), and no consumer reporting agency or officer, employee, or agent of a consumer reporting agency shall include in any consumer report any information that would indicate that the Federal Bureau of Investigation has sought or obtained such information on a consumer report.

``(2) The request shall notify the person or entity to whom the request is directed of the nondisclosure requirement under paragraph (1).

``(3) Any recipient disclosing to those persons necessary to comply with the request or to an attorney to obtain legal advice with respect to the request shall inform such persons of any applicable nondisclosure requirement. Any person who receives a disclosure under this subsection shall be subject to the same prohibitions on disclosure under paragraph

(1).''.

``(c) Confidentiality.--

``(1) If the head of a government agency authorized to conduct investigations or, or intelligence or counterintelligence activities or analysis related to, international terrorism, or his designee, certifies that otherwise there may result a danger to the national security of the United States, interference with a criminal, counterterrorism, or counterintelligence investigation, interference with diplomatic relations, or danger to the life or physical safety of any person, no consumer reporting agency or officer, employee, or agent of such consumer reporting agency, shall disclose to any person (other than those to whom such disclosure is necessary in order to comply 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 subsection (a).

``(2) The request shall notify the person or entity to whom the request is directed of the nondisclosure requirement under paragraph (1).

``(3) Any recipient disclosing to those persons necessary to comply with the request or to any attorney to obtain legal advice with respect to the request shall inform such persons of any applicable nondisclosure requirement. Any person who receives a disclosure under this subsection shall be subject to the same prohibitions on disclosure under paragraph

(1).''.

(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 disclosure.--

``(i) If the Director of the Federal Bureau of Investigation, or his designee in a position not lower than Deputy Assistant Director at Bureau headquarters or a Special Agent in Charge in a Bureau field office designated by the Director, certifies that otherwise there may result a danger to the national security of the United States, interference with a criminal, counterterrorism, or counterintelligence investigation, interference with diplomatic relations, or danger to the life or physical safety of any person, no financial institution, or officer, employee, or agent of such institution, shall disclose to any person (other than those to whom such disclosure is necessary 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 a customer's or entity's financial records under paragraph (5).

``(ii) The request shall notify the person or entity to whom the request is directed of the nondisclosure requirement under paragraph (1).

``(iii) Any recipient disclosing to those persons necessary to comply with the request or to an attorney to obtain legal advice with respect to the request shall inform such persons of any applicable nondisclosure requirement. Any person who receives a disclosure under this subsection shall be subject to the same prohibitions on disclosure under 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 described 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 investigation, interference with diplomatic relations, or danger to the life or physical safety of any person, no governmental or private entity, or officer, employee, or agent of such entity, may disclose to any person (other than those to whom such disclosure is necessary in order to comply with the request or an attorney to obtain legal advice with respect to the request) that such entity has received or satisfied a request made by an authorized investigative agency under this section.

``(2) The request shall notify the person or entity to whom the request is directed of the nondisclosure requirement under paragraph (1).

(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 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 regarding 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 Representatives 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 appears and inserting ``2332b(g)(5)(B)''.

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 Administrative Office of the United States Courts shall report to the Committees on the Judiciary of the House of Representatives and the Senate the number of search warrants granted during the reporting period, and the number of delayed notices authorized during that period, indicating the adverse 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 (bribery of public officials and witnesses)'' the following: ``section 81 (arson within special maritime 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 (m) or (n) of section 842 (relating to plastic explosives),''; and

(relating to attack on federal facility 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 incendiary 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 18, United States Code, is amended by striking ``60,000 cigarettes'' and inserting ``10,000 cigarettes''.

(2) Section 2342(b) of that title is amended by striking

``60,000'' and inserting ``10,000''.

(3) Section 2343 of that title is amended--

(A) in subsection (a), by striking ``60,000'' and inserting

``10,000''; and

(B) in subsection (b), by striking ``60,000'' and inserting

``10,000''.

(b) Contraband Smokeless Tobacco.--(1) Section 2341 of that title is amended--

(A) in paragraph (4), by striking ``and'' at the end;

(B) in paragraph (5), by striking the period at the end and inserting a semicolon; and

``(6) the term `smokeless tobacco' means any finely cut, ground, powdered, or leaf tobacco that is intended to be placed in the oral or nasal cavity or otherwise consumed without being combusted;

``(7) the term `contraband smokeless tobacco' means a quantity in excess of 500 single-unit consumer-sized cans or packages of smokeless tobacco, or their equivalent, that are in the possession of any person other than--

``(A) a person holding a permit issued pursuant to chapter 52 of the Internal Revenue Code of 1986 as manufacturer of tobacco products or as an export warehouse proprietor, a person operating a customs bonded warehouse pursuant to section 311 or 555 of the Tariff Act of 1930 (19 U.S.C. 1311, 1555), or an agent of such person;

``(B) a common carrier transporting such smokeless tobacco under a proper bill of lading or freight bill which states the quantity, source, and designation of such smokeless tobacco;

``(C) a person who--

``(i) is licensed or otherwise authorized by the State where such smokeless tobacco is found to engage in the business of selling or distributing tobacco products; and

``(ii) has complied with the accounting, tax, and payment requirements relating to such license or authorization with respect to such smokeless tobacco; or

``(D) an officer, employee, or agent of the United States or a State, or any department, agency, or instrumentality of the United States or a State (including any political subdivision of a State), having possession of such smokeless tobacco in connection with the performance of official duties;''.

(2) Section 2342(a) of that title is amended by inserting

``or contraband smokeless tobacco'' after ``contraband cigarettes''.

(3) Section 2343(a) of that title is amended by inserting

``, or any quantity of smokeless tobacco in excess of 500 single-unit consumer-sized cans or packages,'' before ``in a single transaction''.

(4) Section 2344(c) of that title is amended by inserting

``or contraband smokeless tobacco'' after ``contraband cigarettes''.

(5) Section 2345 of that title is amended by inserting ``or smokeless tobacco'' after ``cigarettes'' each place it appears.

(6) Section 2341 of that title is further amended in paragraph (2), as amended by subsection (a)(1) of this section, in the matter preceding subparagraph (A), by striking ``State cigarette taxes in the State where such cigarettes are found, if the State'' and inserting ``State or local cigarette taxes in the State or locality where such cigarettes are found, if the State or local government''.

(c) Recordkeeping, Reporting, and Inspection.--Section 2343 of that title, as amended by this section, is further amended--

(1) in subsection (a)--

(A) in the matter preceding paragraph (1), by striking

``only--'' and inserting ``such information as the Attorney General considers appropriate for purposes of enforcement of this chapter, including--''; and

(B) in the flush matter following paragraph (3), by striking the second sentence;

(2) by redesignating subsection (b) as subsection (c);

(3) by inserting after subsection (a) the following new subsection (b):

``(b) Any person, except for a tribal government, who engages in a delivery sale, and who ships, sells, or distributes any quantity in excess of 10,000 cigarettes, or any quantity in excess of 500 single-unit consumer-sized cans or packages of smokeless tobacco, or their equivalent, within a single month, shall submit to the Attorney General, pursuant to rules or regulations prescribed by the Attorney General, a report that sets forth the following:

``(1) The person's beginning and ending inventory of 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 received within such month from each other person (itemized by name and address).

``(3) The total quantity of cigarettes and cans or packages of smokeless tobacco that the person distributed within such month to each person (itemized by name and address) other than a retail purchaser.''; and

(4) by adding at the end the following new subsections:

``(d) Any report required to be submitted under this chapter to the Attorney General shall also be submitted to the Secretary of the Treasury and to the attorneys general and the tax 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 voice transmission, the mails, or the Internet or other online service, or by any other means where the consumer is not in the same physical location as the seller when the purchase or offer of sale is made; or

``(2) the cigarettes or smokeless tobacco are delivered by use of the mails, common carrier, private delivery service, or any other means where the consumer is not in the same 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 operations for the detection and prosecution of crimes, and then destroyed and not resold.''.

(e) Effect on State and Local Law.--Section 2345 of that title is amended--

(1) in subsection (a), by striking ``a State to enact and enforce'' and inserting ``a State or local government to enact and enforce its own''; and

(2) in subsection (b), by striking ``of States, through interstate compact or otherwise, to provide for the administration of State'' and inserting ``of State or local governments, through interstate compact or otherwise, to provide for the 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 subsection:

``(b)(1) A State, through its attorney general, a local government, through its chief law enforcement officer (or a designee thereof), or any person who holds a permit under chapter 52 of the Internal Revenue Code of 1986, may bring an action in the United States district courts to prevent and restrain violations of this chapter by any person (or by any person controlling such person), except that any person who holds a permit under chapter 52 of the Internal Revenue Code of 1986 may not bring such an action against a State or local government. No civil action may be commenced under this paragraph against an Indian tribe or an Indian in Indian country (as defined in section 1151).

``(2) A State, through its attorney general, or a local government, through its chief law enforcement officer (or a designee thereof), may in a civil action under paragraph (1) also obtain any other appropriate relief for violations of this chapter from any person (or by any person controlling such person), including civil penalties, money damages, and injunctive or other equitable relief. Nothing in this chapter shall be deemed to abrogate or constitute a waiver of any sovereign immunity of a State or local government, or an Indian tribe against any unconsented lawsuit under this chapter, or otherwise to restrict, expand, or modify any sovereign immunity of a State or local government, or an Indian tribe.

``(3) The remedies under paragraphs (1) and (2) are in addition to any other remedies under Federal, State, local, or other law.

``(4) Nothing in this chapter shall be construed to expand, restrict, or otherwise modify any right of an authorized State official to proceed in State court, or take other enforcement actions, on the basis of an alleged violation of State or other law.

``(5) Nothing in this chapter shall be construed to expand, restrict, or otherwise modify any right of an authorized local 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:

``Sec. 2343. Recordkeeping, reporting, and inspection''.

(2) The section heading for section 2345 of such title is amended to read as follows:

``Sec. 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:

``CHAPTER 114--TRAFFICKING IN CONTRABAND CIGARETTES AND SMOKELESS

TOBACCO''.

(B) The table of chapters at the beginning of part I of that title is amended by striking the item relating to section 114 and inserting the following new item:

``114. Trafficking in contraband cigarettes and smokeless tobacc2341''.

SEC. 124. PROHIBITION OF NARCO-TERRORISM.

Part A of the Controlled Substance Import and Export Act

(21 U.S.C. 951 et seq.) is amended by inserting after section 1010 the following:

``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 anything of pecuniary value to--

``(1) a foreign terrorist organization; or

``(2) any person or group involved in the planning, preparation for, or carrying out of, a terrorist offense, shall be punished as provided under subsection (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 offense under this section if--

``(1) the prohibited drug activity or the terrorist offense is in violation of the criminal laws of the United States;

``(2) the offense 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 occurred 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 influence 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 within 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 designed to cause death or serious bodily injury to a national of the United States while that national is outside the United States, or substantial damage to the property of a legal entity organized under the laws of the United States (including any of its States, districts, commonwealths, territories, or possessions) while that property is outside of the United States;

``(9) the offense occurs in whole or in part within the United States, and an offender provides anything of pecuniary value for a terrorist offense that is designed to influence the policy or affect the conduct 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 perpetrator of the offense or the prohibited drug activity is a national of the United States or a legal entity organized under the laws of the United States (including any of its States, districts, commonwealths, territories, or possessions); or

``(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 organization' 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 `terrorist 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;

``(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 context, 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 AIRCRAFT.

Section 32 of title 18, United States Code, is amended--

(1) in subsection (a), by redesignating paragraphs (5),

(6), and (7) as paragraphs (6), (7), and (8) respectively;

(2) by inserting after paragraph (4) of subsection (a), the following:

``(5) interferes with or disables, with intent to endanger the safety of any person or with a reckless disregard for the safety of human life, anyone engaged in the authorized operation of such aircraft or any air navigation facility aiding in the navigation of any such aircraft;'';

(3) in subsection (a)(8), by striking ``paragraphs (1) through (6)'' and inserting ``paragraphs (1) through (7)''; and

(4) in subsection (c), by striking ``paragraphs (1) through

(5)'' and inserting ``paragraphs (1) through (6)''.

SEC. 126. SENSE OF CONGRESS RELATING TO LAWFUL POLITICAL

ACTIVITY.

It is the sense of Congress that the Federal Government should not investigate an American citizen for alleged 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 RESPONDERS.

(a) In General.--The Homeland Security Act of 2002 (Public Law 107-296; 6 U.S.C. 361 et seq.) is amended--

(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 Indian Self-Determination and Education Assistance Act (25 U.S.C. 458bb(c));

``(B) employs at least 10 full-time personnel in a law enforcement or emergency response 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 section 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).

``(5) Emergency preparedness.--The term `emergency preparedness' shall have the same meaning that term has under section 602 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5195a).

``(6) Essential capabilities.--The term `essential capabilities' means the levels, availability, and competence of emergency personnel, planning, training, and equipment across a variety of disciplines 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 responder' 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 organized 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--

``(A) any geographic area consisting of all or parts of 2 or more contiguous States, counties, 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 represented by 1 or more governments or governmental 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 combination established by law or agreement of two or more governments or governmental agencies in a mutual aid agreement) that is formally certified 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

``(ii) the incorporated municipalities, counties, and parishes that they encompass.

``(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, respond to, mitigate against, or recover from threatened or actual terrorist attacks.

``SEC. 1802. FASTER AND SMARTER FUNDING FOR FIRST RESPONDERS.

``(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 program.--The State Homeland Security Grant Program of the Department, or any successor to such grant program.

``(2) Urban area security initiative.--The Urban Area Security Initiative of the Department, or any successor to such grant program.

``(3) Law enforcement terrorism prevention program.--The Law Enforcement Terrorism Prevention Program of the Department, or any successor 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 Federal 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 Emergency Management Performance Grant program and the Urban Search and Rescue Grants program authorized by title VI of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5195 et seq.); the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 2000 (113 Stat. 1047 et seq.); and the Earthquake Hazards 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 directly 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 capabilities for terrorism preparedness established by the Secretary.

``(c) State Homeland Security Plans.--

``(1) Submission of plans.--The Secretary shall require that any State applying to the Secretary for a covered grant must submit to the Secretary a 3-year State homeland security plan that--

``(A) describes the essential capabilities that communities within the State should possess, 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;

``(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 interstate level, including a precise description of any regional structure the State has established 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, including the activities of multijurisdictional planning agencies governed by local officials, both within its jurisdictional borders and with neighboring States;

``(F) with respect to the emergency preparedness of first responders, addresses the unique aspects of terrorism as part of a comprehensive 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 Management System.

``(2) Consultation.--The State plan submitted under paragraph (1) shall be developed in consultation with and subject to appropriate comment by local governments and first responders within the State.

``(3) Approval by secretary.--The Secretary 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 applicable State homeland security plan approved by the Secretary under this subsection, subject to approval of the revision by the Secretary.

``(d) Consistency With State Plans.--The Secretary shall ensure that each covered grant is used to supplement 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 provided in this subsection, any State, region, or directly eligible tribe may apply for a covered grant by submitting to the Secretary an application at such time, in such manner, and containing such information 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 reasonably 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.

``(4) Minimum contents of application.--The Secretary shall require that each applicant include 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 preparedness 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, including, 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 portion of the covered grant funds;

``(D) if the applicant is a State, a description of how the State plans to allocate the covered grant funds to regions, local governments, and Indian tribes;

``(E) if the applicant is a region--

``(i) a precise geographical description of the region and a specification of all participating and nonparticipating local governments within the geographical area comprising that region;

``(ii) a specification of what governmental entity within the region will administer the expenditure of funds under the covered grant; and

``(iii) a designation of a specific individual to serve as regional liaison;

``(F) a capital budget showing how the applicant intends to allocate and expend the covered 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 intends to meet the matching requirement, if any, that applies under section 1806(g)(2).

``(5) Regional applications.--

``(A) Relationship to state applications.--A regional application--

``(i) shall be coordinated with an application submitted by the State or States of which such region is a part;

``(ii) shall supplement and avoid duplication with such State application; and

``(iii) shall address the unique regional aspects of such region's terrorism preparedness needs beyond those provided for in the application of such State or States.

``(B) State review and submission.--To ensure the consistency required under subsection (d) and the coordination required under subparagraph (A) of this paragraph, an applicant that is a region must submit its application 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 inconsistent with the State's homeland security plan and provides an explanation of the reasons therefor.

``(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 submitting the applicable regional application under subparagraph (B), and each such State shall, not later than the end of the 45-day period beginning 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 respect 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 distribution 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 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 region may petition the Secretary to receive directly the portion of the regional award that is required to be passed through to such region under subparagraph (C).

``(F) Regional liaisons.--A regional liaison designated under paragraph (4)(E)(iii) shall--

``(i) coordinate with Federal, State, local, regional, and private officials within the region concerning terrorism preparedness;

``(ii) develop a process for receiving input from Federal, State, local, regional, and private sector officials within the region to assist in the development of the regional application and to improve the region's access to covered grants; and

``(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 directly eligible tribe must submit its application to each State within the boundaries of which any part of such tribe is located for direct submission to the Department along with the application of such State or States.

``(B) Opportunity for state comment.--Before awarding any covered grant to a directly eligible tribe, the Secretary shall provide an opportunity to each State within the boundaries of which any part of such tribe is located to comment to the Secretary on the consistency of the tribe's application with the State's homeland security plan. Any such comments shall be submitted to the Secretary concurrently with the submission of the State and tribal applications.

``(C) Final authority.--The Secretary shall have final authority to determine the consistency of any application of a directly eligible tribe with the applicable State homeland security plan or plans, and to approve any application 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 concerning 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 direct grants.--The Secretary may make covered grants directly to not more than 20 directly 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 described 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 equipment or systems that do not meet or exceed any applicable national voluntary consensus standards established by the Secretary, the applicant shall include in the application an explanation of why such equipment or systems will serve the needs of the applicant better than equipment or systems that meet or exceed such standards.

``SEC. 1804. RISK-BASED EVALUATION AND PRIORITIZATION.

``(a) First Responder Grants Board.--

``(1) Establishment of board.--The Secretary 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 Domestic 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 deputy secretary.--The Deputy Secretary of 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, maintaining, 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 populations) and critical infrastructure. Such evaluation and prioritization shall be based upon the most current 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 covered grants.

``(2) Critical infrastructure sectors.--The Board specifically shall consider threats of terrorism 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 importance of such sectors.

``(3) Types of threat.--The Board specifically shall consider the following types of threat to the critical infrastructure sectors described in paragraph (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 factors.--The Board shall take into account any other specific threat to a population

(including a transient commuting or tourist population) or critical infrastructure sector that the Board has determined to 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 pattern 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 approved 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 approved 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 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);

``(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 receive 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.

``(6) Additional high-risk qualifying criteria.--For purposes of paragraph (5)(B), additional 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 Minimum.--Any regional award, or portion thereof, provided to a State under section 1803(e)(5)(C) shall not be considered in calculating the minimum State award under subsection (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 Preparedness for First Responders.

``(b) Update, Revise, or Replace.--The Secretary shall regularly update, revise, or replace the essential capabilities for terrorism preparedness as necessary, but not less than every 3 years.

``(c) Report.--

``(1) In general.--The Task Force shall submit to the Secretary, by not later than 12 months after its establishment by the Secretary under subsection (a) and not later than every 2 years thereafter, 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 determine the extent to which it possesses or has access 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 consensus standards, with respect to first responder 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 assessment available by the Directorate for Information 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 recommendations 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 essential capabilities for terrorism preparedness are 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 account 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 consist of 25 members appointed by the Secretary, and shall, to the extent practicable, represent a geographic (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 enforcement, hazardous materials response, emergency medical services, and emergency management personnel (including public works personnel routinely engaged in emergency response);

``(B) health scientists, emergency and inpatient medical providers, and public health professionals, including experts in emergency health care response to chemical, biological, radiological, 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, representing standards-setting organizations, including representation from the voluntary consensus codes and standards development community, particularly those with expertise in first responder disciplines; and

``(D) State and local officials with expertise in terrorism preparedness, subject to the condition that if any such official is an elected official representing one of the two major political 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 selection of members of the Task Force who are health professionals, including emergency medical professionals, 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 respective 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 Federal Advisory Committee Act (5 U.S.C. App.).

``(e) Applicability of Federal Advisory Committee Act.--Notwithstanding section 871(a), the Federal 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 REQUIREMENTS.

``(a) In General.--A covered grant may be used for--

``(1) purchasing or upgrading equipment, including computer software, to enhance terrorism preparedness;

``(2) exercises to strengthen terrorism preparedness;

``(3) training for prevention (including detection) of, preparedness for, response to, or recovery from attacks involving weapons of mass destruction, including training in the use of equipment and computer software;

``(4) developing or updating State homeland security plans, risk assessments, mutual aid agreements, and emergency management plans to enhance terrorism preparedness;

``(5) establishing or enhancing mechanisms for sharing terrorism threat information;

``(6) systems architecture and engineering, program planning and management, strategy formulation and strategic planning, life-cycle systems design, product and technology evaluation, and prototype development for terrorism preparedness purposes;

``(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 government with the approval of the Secretary;

``(B) travel to and participation in exercises and training in the use of equipment and on prevention activities; and

``(C) the temporary replacement of personnel during any period of travel to and participation 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 classified 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 approved by the Secretary, which may not exceed 10 percent of the total amount of the covered grant;

``(10) the costs of commercially available interoperable communications equipment (which, where applicable, is based on national, voluntary consensus standards) that the Secretary, in consultation with the Chairman of the Federal Communications Commission, deems best suited to facilitate interoperability, coordination, and integration between and among emergency communications systems, and that complies with prevailing grant guidance of the Department 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 elementary and secondary schools in developing and implementing programs to instruct students regarding age-appropriate skills to prevent, prepare for, respond 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 covered grant may not be used--

``(1) to supplant State or local funds;

``(2) to construct buildings or other physical facilities;

``(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 governments from using covered grant funds in a manner that also enhances first responder preparedness for emergencies 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 covered 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 activity relating to prevention (including detection) of, preparedness for, response to, or recovery from acts of terrorism 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, regions, and localities, unless the Secretary undertakes to pay the costs directly attributable to transporting and operating such equipment during such response.

``(f) Flexibility in Unspent Homeland Security 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 determines that such transfer is in the interests of homeland security.

``(g) State, Regional, and Tribal Responsibilities.--

``(1) Pass-through.--The Secretary shall require a recipient of a covered grant that is a State to obligate or otherwise make available to local governments, first responders, and other local groups, to the extent required under the State homeland security 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 beginning 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 covered 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 enactment of this section shall be 100 percent.

``(C) In-kind matching.--Each recipient of a covered grant may meet the matching requirement 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 distribution 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 security spending.--The Federal share described in paragraph (2)(A) may be increased by up to 2 percent 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)--

``(A) the amount obligated to that recipient in that quarter;

``(B) the amount expended by that recipient in that quarter; and

``(C) a summary description of the items purchased by such recipient with such amount.

``(5) Annual report on homeland security 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 fiscal 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 region. Each recipient of a covered grant that is a directly 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 disbursements of all such funds expended in compliance with paragraph (1) or pursuant to mutual aid agreements or other sharing arrangements that apply within the State, region, or directly eligible tribe, as applicable, during the previous fiscal year.

``(C) How the funds were utilized by each ultimate recipient or beneficiary during the preceding fiscal year.

``(D) The extent to which essential capabilities identified in the applicable State homeland security plan or plans were achieved, maintained, or enhanced as the result of the expenditure of grant funds during the preceding fiscal year.

``(E) The extent to which essential capabilities identified in the applicable State homeland security plan or plans remain unmet.

``(6) Inclusion of restricted annexes.--A recipient of a covered grant may submit to the Secretary an annex to the annual report under paragraph (5) that is subject to appropriate handling restrictions, 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 paragraph (5) is provided to the Under Secretary for Emergency Preparedness and Response and the Director 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 covered 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 subsection (g)(1);

``(B) terminate payment of funds under the grant to the recipient, and transfer the appropriate portion of those funds directly to local first responders that were intended to receive funding under that grant; or

``(C) impose additional restrictions or burdens on the recipient's use of funds under the grant, which may include--

``(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 subsection

(g)(1); or

``(iii) for each day that the grant recipient fails to pass through funds or resources 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 resulting delay in providing grant funding to the local government entities that will receive funding under the grant will not have a significant detrimental impact on such entities' terrorism preparedness 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 enhancements to its terrorism preparedness as described 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 government must demonstrate that--

``(i) it is identified explicitly as an ultimate 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 identified 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 paragraph; and

``(ii) shall not prejudice consideration of a request for payment under this paragraph that is submitted by another local government.

``(D) Deadline for action by secretary.--The Secretary shall approve or disapprove each request for payment under this paragraph by not later than 15 days after the date the request is received by the Department.

``(i) Reports to Congress.--The Secretary shall submit an annual report to the Congress by January 31 of each year covering the preceding fiscal year--

``(1) describing in detail the amount of Federal funds provided as covered grants that were directed to each State, region, and directly eligible tribe in the preceding fiscal year;

``(2) containing information on the use of such grant funds by grantees; and

``(3) describing--

``(A) the Nation's progress in achieving, maintaining, and enhancing the essential capabilities established by the Secretary as a result of the expenditure of covered grant funds during the preceding fiscal year; and

``(B) an estimate of the amount of expenditures required to attain across the United States the essential capabilities established by the Secretary.

``SEC. 1807. NATIONAL STANDARDS FOR FIRST RESPONDER EQUIPMENT

AND TRAINING.

``(a) Equipment Standards.--

``(1) In general.--The Secretary, in consultation with the Under Secretaries for Emergency Preparedness and Response and Science and Technology and the Director of the Office for Domestic Preparedness, shall, not later than 6 months after the date of enactment of this section, support the development of, promulgate, and update as necessary national voluntary consensus standards for the performance, use, and validation of first responder equipment for purposes of section 1805(e)(7). Such standards--

``(A) shall be, to the maximum extent practicable, consistent with any existing voluntary consensus standards;

``(B) shall take into account, as appropriate, new types of terrorism threats that may not have been contemplated when such existing standards were developed;

``(C) shall be focused on maximizing interoperability, interchangeability, durability, flexibility, efficiency, efficacy, portability, sustainability, and safety; and

``(D) shall cover all appropriate uses of the equipment.

``(2) Required categories.--In carrying out paragraph (1), the Secretary shall specifically consider the following categories of first responder equipment:

``(A) Thermal imaging equipment.

``(B) Radiation detection and analysis equipment.

``(C) Biological detection and analysis equipment.

``(D) Chemical detection and analysis equipment.

``(E) Decontamination and sterilization equipment.

``(F) Personal protective equipment, including garments, boots, gloves, and hoods and other protective clothing.

``(G) Respiratory protection equipment.

``(H) Interoperable communications, including wireless and wireline voice, video, and data networks.

``(I) Explosive mitigation devices and explosive detection and analysis equipment.

``(J) Containment vessels.

``(K) Contaminant-resistant vehicles.

``(L) Such other equipment for which the Secretary determines that national voluntary consensus standards would be appropriate.

``(b) Training Standards.--

``(1) In general.--The Secretary, in consultation with the Under Secretaries for Emergency Preparedness and Response and Science and Technology and the Director of the Office for Domestic Preparedness, shall support the development of, promulgate, and regularly update as necessary national voluntary consensus standards for first responder training carried out with amounts provided under covered grant programs, that will enable State and local government first responders to achieve optimal levels of terrorism preparedness as quickly as practicable. Such standards shall give priority to providing training to--

``(A) enable first responders to prevent, prepare for, respond to, mitigate against, and recover from terrorist threats, including threats from chemical, biological, nuclear, and radiological weapons and explosive devices capable of inflicting significant human casualties; and

``(B) familiarize first responders with the proper use of equipment, including software, developed pursuant to the standards established under subsection (a).

``(2) Required categories.--In carrying out paragraph (1), the Secretary specifically shall include the following categories of first responder activities:

``(A) Regional planning.

``(B) Joint exercises.

``(C) Intelligence collection, analysis, and sharing.

``(D) Emergency notification of affected populations.

``(E) Detection of biological, nuclear, radiological, and chemical weapons of mass destruction.

``(F) Such other activities for which the Secretary determines that national voluntary consensus training standards would be appropriate.

``(3) Consistency.--In carrying out this subsection, the Secretary shall ensure that such training standards are consistent with the principles of emergency preparedness for all hazards.

``(c) Consultation With Standards Organizations.--In establishing national voluntary consensus standards for first responder equipment and training under this section, the Secretary shall consult with relevant public and private sector groups, including--

``(1) the National Institute of Standards and Technology;

``(2) the National Fire Protection Association;

``(3) the National Association of County and City Health Officials;

``(4) the Association of State and Territorial Health Officials;

``(5) the American National Standards Institute;

``(6) the National Institute of Justice;

``(7) the Inter-Agency Board for Equipment Standardization and Interoperability;

``(8) the National Public Health Performance Standards Program;

``(9) the National Institute for Occupational Safety and Health;

``(10) ASTM International;

``(11) the International Safety Equipment Association;

``(12) the Emergency Management Accreditation Program; and

``(13) to the extent the Secretary considers appropriate, other national voluntary consensus standards development organizations, other interested Federal, State, and local agencies, and other interested persons.

``(d) Coordination With Secretary of HHS.--In establishing any national voluntary consensus standards under this section for first responder equipment or training that involve or relate to health professionals, including emergency medical professionals, the Secretary shall coordinate activities under this section with the Secretary of Health and Human Services.''.

(b) Definition of Emergency Response Providers.--Paragraph

(6) of section 2 of the Homeland Security Act of 2002 (Public Law 107-296; 6 U.S.C. 101(6)) is amended by striking

``includes'' and all that follows and inserting ``includes Federal, State, and local governmental and nongovernmental emergency public safety, law enforcement, fire, emergency response, emergency medical (including hospital emergency facilities), and related personnel, organizations, agencies, and authorities.''.

SEC. 129. OVERSIGHT.

The Secretary of Homeland Security shall establish within the Office for Domestic Preparedness an Office of the Comptroller to oversee the grants distribution process and the financial management of the Office for Domestic Preparedness.

SEC. 130. GAO REPORT ON AN INVENTORY AND STATUS OF HOMELAND

SECURITY FIRST RESPONDER TRAINING.

(a) In General.--The Comptroller General of the United States shall report to the Congress in accordance with this section--

(1) on the overall inventory and status of first responder training programs of the Department of Homeland Security and other departments and agencies of the Federal Government; and

(2) the extent to which such programs are coordinated.

(b) Contents of Reports.--The reports under this section shall include--

(1) an assessment of the effectiveness of the structure and organization of such training programs;

(2) recommendations to--

(A) improve the coordination, structure, and organization of such training programs; and

(B) increase the availability of training to first responders who are not able to attend centralized training programs;

(3) the structure and organizational effectiveness of such programs for first responders in rural communities;

(4) identification of any duplication or redundancy among such programs;

(5) a description of the use of State and local training institutions, universities, centers, and the National Domestic Preparedness Consortium in designing and providing training;

(6) a cost-benefit analysis of the costs and time required for first responders to participate in training courses at Federal institutions;

(7) an assessment of the approval process for certifying non-Department of Homeland Security training courses that are useful for anti-terrorism purposes as eligible for grants awarded by the Department;

(8) a description of the use of Department of Homeland Security grant funds by States and local governments to acquire training;

(9) an analysis of the feasibility of Federal, State, and local personnel to receive the training that is necessary to adopt the National Response Plan and the National Incident Management System; and

(10) the role of each first responder training institution within the Department of Homeland Security in the design and implementation of terrorism preparedness and related training courses for first responders.

(1) submit a report under subsection (a)(1) by not later than 60 days after the date of the enactment of this Act; and

(2) submit a report on the remainder of the topics required by this section by not later than 120 days after the date of the enactment of this Act.

SEC. 131. REMOVAL OF CIVIL LIABILITY BARRIERS THAT DISCOURAGE

THE DONATION OF FIRE EQUIPMENT TO VOLUNTEER

FIRE COMPANIES.

(a) Liability Protection.--A person who donates fire control or fire rescue equipment to a volunteer fire company shall not be liable for civil damages under any State or Federal law for personal injuries, property damage or loss, or death caused by the equipment after the donation.

(b) Exceptions.--Subsection (a) does not apply to a person if--

(1) the person's act or omission causing the injury, damage, loss, or death constitutes gross negligence or intentional misconduct; or

(2) the person is the manufacturer of the fire control or fire rescue equipment.

(c) Preemption.--This section preempts the laws of any State to the extent that such laws are inconsistent with this section, except that notwithstanding subsection (b) this section shall not preempt any State law that provides additional protection from liability for a person who donates fire control or fire rescue equipment to a volunteer fire company.

(d) Definitions.--In this section:

(1) Person.--The term ``person'' includes any governmental or other entity.

(2) Fire control or rescue equipment.--The term ``fire control or fire rescue equipment'' includes any fire vehicle, fire fighting tool, communications equipment, protective gear, fire hose, or breathing apparatus.

(3) State.--The term ``State'' includes the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the Virgin Islands, any other territory or possession of the United States, and any political subdivision of any such State, territory, or possession.

(4) Volunteer fire company.--The term ``volunteer fire company'' means an association of individuals who provide fire protection and other emergency services, where at least 30 percent of the individuals receive little or no compensation compared with an entry level full-time paid individual in that association or in the nearest such association with an entry level full-time paid individual.

(e) Effective Date.--This section applies only to liability for injury, damage, loss, or death caused by equipment that, for purposes of subsection (a), is donated on or after the date that is 30 days after the date of the enactment of this section.

SEC. 132. REPORT BY ATTORNEY GENERAL.

(a) Reports on Data-Mining Activities.--

(1) Requirement for report.--The Attorney General shall collect the information described in paragraph (2) from the head of each department or agency of the Federal Government that is engaged in any activity to use or develop data-mining technology and shall report to Congress on all such activities.

(2) Content of report.--A report submitted under paragraph

(1) shall include, for each activity to use or develop data-mining technology that is required to be covered by the report, the following information:

(A) A thorough description of the data-mining technology and the data that will be used.

(B) A thorough discussion of the plans for the use of such technology and the target dates for the deployment of the data-mining technology.

(C) An assessment of the likely efficacy of the data-mining technology in providing accurate and valuable information consistent with the stated plans for the use of the technology.

(D) An assessment of the likely impact of the implementation of the data-mining technology on privacy and civil liberties.

(E) A list and analysis of the laws and regulations that govern the information to be collected, reviewed, gathered, and analyzed with the data-mining technology and a description of any modifications of such laws that will be required to use the information in the manner proposed under such program.

(F) A thorough discussion of the policies, procedures, and guidelines that are to be developed and applied in the use of such technology for data-mining in order to--

(i) protect the privacy and due process rights of individuals; and

(ii) ensure that only accurate information is collected and used.

(G) A thorough discussion of the procedures allowing individuals whose personal information will be used in the data-mining technology to be informed of the use of their personal information and what procedures are in place to allow for individuals to opt out of the technology. If no such procedures are in place, a thorough explanation as to why not.

(H) Any necessary classified information in an annex that shall be available to the Committee on the Judiciary of both the Senate and the House of Representatives.

(3) Time for report.--The report required under paragraph

(1) shall be--

(A) submitted not later than 180 days after the date of enactment of this Act; and

(B) updated once a year to include any new data-mining technologies.

(b) Definitions.--In this section:

(1) Data-mining.--The term ``data-mining'' means a query or search or other analysis of 1 or more electronic databases, where--

(A) at least 1 of the databases was obtained from or remains under the control of a non-Federal entity, or the information was acquired initially by another department or agency of the Federal Government for purposes other than intelligence or law enforcement;

(B) the search does not use a specific individual's personal identifiers to acquire information concerning that individual; and

(C) a department or agency of the Federal Government is conducting the query or search or other analysis to find a pattern indicating terrorist or other criminal activity.

(2) Database.--The term ``database'' does not include telephone directories, information publicly available via the Internet or available by any other means to any member of the public without payment of a fee, or databases of judicial and administrative opinions.

SEC. 133. SENSE OF CONGRESS.

It is the sense of Congress that under section 981 of title 18, United States Code, victims of terrorists attacks should have access to the assets forfeited.

TITLE II--TERRORIST DEATH PENALTY ENHANCEMENT

SEC. 201. SHORT TITLE.

This title may be cited as the ``Terrorist Death Penalty Enhancement Act of 2005''.

Subtitle A--Terrorist Penalties Enhancement Act

SEC. 211. TERRORIST OFFENSE RESULTING IN DEATH.

(a) New Offense.--Chapter 113B of title 18, United States Code, is amended by adding at the end the following:

``Sec. 2339E. Terrorist offenses resulting in death

``(a) Whoever, in the course of committing a terrorist offense, engages in conduct that results in the death of a person, shall be punished by death or imprisoned for any term of years or for life.

``(b) As used in this section, the term `terrorist offense' means--

``(1) a Federal felony offense that is--

``(A) a Federal crime of terrorism as defined in section 2332b(g) except to the extent such crime is an offense under section 1363; or

``(B) an offense under this chapter, section 175, 175b, 229, or 831, or section 236 of the Atomic Energy Act of 1954; or

``(2) a Federal offense that is an attempt or conspiracy to commit an offense described in paragraph (1).''.

(b) Clerical Amendment.--The table of sections at the beginning of chapter 113B of title 18, United States Code, is amended by adding at the end the following new item:

``2339E. Terrorist offenses resulting in death.''.

SEC. 212. DENIAL OF FEDERAL BENEFITS TO TERRORISTS.

(a) In General.--Chapter 113B of title 18, United States Code, as amended by section 211 of this subtitle, is further amended by adding at the end the following:

``Sec. 2339F. Denial of Federal benefits to terrorists

``(a) An individual or corporation who is convicted of a terrorist offense (as defined in section 2339E) shall, as provided by the court on motion of the Government, be ineligible for any or all Federal benefits for any term of years or for life.

``(b) As used in this section, the term `Federal benefit' has the meaning given that term in section 421(d) of the Controlled Substances Act, and also includes any assistance or benefit described in section 115(a) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, with the same limitations and to the same extent as provided in section 115 of that Act with respect to denials of benefits and assistance to which that section applies.''.

(b) Clerical Amendment.--The table of sections at the beginning of the chapter 113B of title 18, United States Code, as amended by section 211 of this subtitle, is further amended by adding at the end the following new item:

``2339E. Denial of federal benefits to terrorists.''.

SEC. 213. DEATH PENALTY PROCEDURES FOR CERTAIN AIR PIRACY

CASES OCCURRING BEFORE ENACTMENT OF THE FEDERAL

DEATH PENALTY ACT OF 1994.

Section 60003 of the Violent Crime Control and Law Enforcement Act of 1994, (Public Law 103-322), is amended, as of the time of its enactment, by adding at the end the following:

``(c) Death Penalty Procedures for Certain Previous Aircraft Piracy Violations.--An individual convicted of violating section 46502 of title 49, United States Code, or its predecessor, may be sentenced to death in accordance with the procedures established in chapter 228 of title 18, United States Code, if for any offense committed before the enactment of the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103-322), but after the enactment of the Antihijacking Act of 1974 (Public Law 93-366), it is determined by the finder of fact, before consideration of the factors set forth in sections 3591(a)(2) and 3592(a) and (c) of title 18, United States Code, that one or more of the factors set forth in former section 46503(c)(2) of title 49, United States Code, or its predecessor, has been proven by the Government to exist, beyond a reasonable doubt, and that none of the factors set forth in former section 46503(c)(1) of title 49, United States Code, or its predecessor, has been proven by the defendant to exist, by a preponderance of the information. The meaning of the term `especially heinous, cruel, or depraved', as used in the factor set forth in former section 46503(c)(2)(B)(iv) of title 49, United States Code, or its predecessor, shall be narrowed by adding the limiting language `in that it involved torture or serious physical abuse to the victim', and shall be construed as when that term is used in section 3592(c)(6) of title 18, United States Code.''.

SEC. 214. ENSURING DEATH PENALTY FOR TERRORIST OFFENSES WHICH

CREATE GRAVE RISK OF DEATH.

(a) Addition of Terrorism to Death Penalty Offenses not Resulting in Death.--Section 3591(a)(1) of title 18, United States Code, is amended by inserting ``, section 2339E,'' after ``section 794''.

(b) Modification of Aggravating Factors for Terrorism Offenses.--Section 3592(b) of title 18, United States Code, is amended--

(1) in the heading, by inserting ``, terrorism,'' after

``espionage''; and

(2) by inserting immediately after paragraph (3) the following:

``(4) Substantial planning.--The defendant committed the offense after substantial planning.''.

SEC. 215. POSTRELEASE SUPERVISION OF TERRORISTS.

Section 3583(j) of title 18, United States Code, is amended in subsection (j), by striking ``, the commission'' and all that follows through ``person,'' .

Subtitle B--Prevention of Terrorist Access to Destructive Weapons Act

SEC. 221. DEATH PENALTY FOR CERTAIN TERROR RELATED CRIMES.

(a) Participation in Nuclear and Weapons of Mass Destruction Threats to the United States.--Section 832(c) of title 18, United States Code, is amended by inserting

``punished by death or'' after ``shall be''.

(b) Missile Systems to Destroy Aircraft.--Section 2332g(c)(3) of title 18, United States Code, is amended by inserting ``punished by death or'' after ``shall be''.

(c) Atomic Weapons.--Section 222b.of the Atomic Energy Act of 1954 (42 U.S.C. 2272) is amended by inserting ``death or'' before ``imprisonment for life''.

(d) Radiological Dispersal Devices.--Section 2332h(c)(3) of title 18, United States Code, is amended by inserting ``death or'' before ``imprisonment for life''.

(e) Variola Virus.--Section 175c(c)(3) of title 18, United States Code, is amended by inserting ``death or'' before

``imprisonment for life''.

Subtitle C--Federal Death Penalty Procedures

SEC. 231. MODIFICATION OF DEATH PENALTY PROVISIONS.

(a) Elimination of Procedures Applicable Only to Certain Controlled Substances Act Cases.--Section 408 of the Controlled Substances Act (21 U.S.C. 848) is amended--

(1) in subsection (e)(2), by striking ``(1)(b)'' and inserting (1)(B);

(2) by striking subsection (g) and all that follows through subsection (p);

(3) by striking subsection (r); and

(4) in subsection (q), by striking paragraphs (1) through

(3).

(b) Modification of Mitigating Factors.--Section 3592(a)(4) of title 18, United States Code, is amended--

(1) by striking ``Another'' and inserting ``The Government could have, but has not, sought the death penalty against another''; and

(2) by striking ``, will not be punished by death''.

(c) Modification of Aggravating Factors for Offenses Resulting in Death.--Section 3592(c) of title 18, United States Code, is amended--

(1) in paragraph (7), by inserting ``or by creating the expectation of payment,'' after ``or promise of payment,'';

(2) in paragraph (1), by inserting ``section 2339E

(terrorist offenses resulting in death),'' after

``destruction),'';

(3) by inserting immediately after paragraph (16) the following:

``(17) Obstruction of justice.--The defendant engaged in any conduct resulting in the death of another person in order to obstruct investigation or prosecution of any offense.''.

(d) Additional Ground for Impaneling New Jury.--Section 3593(b)(2) of title 18, United States Code, is amended--

(1) by striking ``or'' at the end of subparagraph (C);

(2) by inserting after subparagraph (D) the following:

``(E) a new penalty hearing is necessary due to the inability of the jury to reach a unanimous penalty verdict as required by section 3593(e); or''.

(e) Juries of Less Than 12 Members.--Subsection (b) of section 3593 of title 18, United States Code, is amended by striking ``unless'' and all that follows through the end of the subsection and inserting ``unless the court finds good cause, or the parties stipulate, with the approval of the court, a lesser number.''.

(f) Impaneling of New Jury When Unanimous Recommendation Cannot Be Reached.--Section 3594 of title 18, United States Code, is amended by inserting after the first sentence the following: ``If the jury is unable to reach any unanimous recommendation under section 3593(e), the court, upon motion by the Government, may impanel a jury under section 3593(b)(2)(E) for a new sentencing hearing.''.

(g) Peremptory Challenges.--Rule 24(c) of the Federal Rules of Criminal Procedure is amended--

(1) in paragraph (1), by striking ``6'' and inserting

``9''; and

(2) in paragraph (4), by adding at the end the following:

``(C) Seven, eight or nine alternates.--Four additional peremptory challenges are permitted when seven, eight, or nine alternates are impaneled.''.

TITLE III--REDUCING CRIME AND TERRORISM AT AMERICA'S SEAPORTS

SEC. 301. SHORT TITLE.

This title may be cited as the ``Reducing Crime and Terrorism at America's Seaports Act of 2005''.

SEC. 302. ENTRY BY FALSE PRETENSES TO ANY SEAPORT.

(a) In General.--Section 1036 of title 18, United States Code, is amended--

(1) in subsection (a)--

(A) in paragraph (2), by striking ``or'' at the end;

(B) by redesignating paragraph (3) as paragraph (4); and

``(3) any secure or restricted area of any seaport, designated as secure in an approved security plan, as required under section 70103 of title 46, United States Code, and the rules and regulations promulgated under that section; or'';

(2) in subsection (b)(1), by striking ``5 years'' and inserting ``10 years'';

(3) in subsection (c)(1), by inserting ``, captain of the seaport,'' after ``airport authority''; and

(4) by striking the section heading and inserting the following:

``Sec. 1036. Entry by false pretenses to any real property, vessel, or aircraft of the United States or secure area of any airport or seaport''.

(b) Technical and Conforming Amendment.--The table of sections for chapter 47 of title 18 is amended by striking the matter relating to section 1036 and inserting the following:

``1036. Entry by false pretenses to any real property, vessel, or aircraft of the United States or secure area of any airport or seaport.''.

``Sec. 26. Definition of seaport

``As used in this title, the term `seaport' means all piers, wharves, docks, and similar structures, adjacent to any waters subject to the jurisdiction of the United States, to which a vessel may be secured, including areas of land, water, or land and water under and in immediate proximity to such structures, buildings on or contiguous to such structures, and the equipment and materials on such structures or in such buildings.''.

(d) Technical and Conforming Amendment.--The table of sections for chapter 1 of title 18 is amended by inserting after the matter relating to section 25 the following:

``26. Definition of seaport.''.

SEC. 303. CRIMINAL SANCTIONS FOR FAILURE TO HEAVE TO,

OBSTRUCTION OF BOARDING, OR PROVIDING FALSE

INFORMATION.

(a) Offense.--Chapter 109 of title 18, United States Code, is amended by adding at the end the following:

``Sec. 2237. Criminal sanctions for failure to heave to, obstruction of boarding, or providing false information

``(a)(1) It shall be unlawful for the master, operator, or person in charge of a vessel of the United States, or a vessel subject to the jurisdiction of the United States, to knowingly fail to obey an order by an authorized Federal law enforcement officer to heave to that vessel.

``(2) It shall be unlawful for any person on board a vessel of the United States, or a vessel subject to the jurisdiction of the United States, to--

``(A) forcibly resist, oppose, prevent, impede, intimidate, or interfere with a boarding or other law enforcement action authorized by any Federal law or to resist a lawful arrest; or

``(B) intentionally provide materially false information to a Federal law enforcement officer during a boarding of a vessel regarding the vessel's destination, origin, ownership, registration, nationality, cargo, or crew.

``(b) Whoever violates this section shall be fined under this title or imprisoned for not more than 5 years, or both.

``(c) This section does not limit the authority of a customs officer under section 581 of the Tariff Act of 1930

(19 U.S.C. 1581), or any other provision of law enforced or administered by the Secretary of the Treasury or the Secretary of Homeland Security, or the authority of any Federal law enforcement officer under any law of the United States, to order a vessel to stop or heave to.

``(d) A foreign nation may consent or waive objection to the enforcement of United States law by the United States under this section by radio, telephone, or similar oral or electronic means. Consent or waiver may be proven by certification of the Secretary of State or the designee of the Secretary of State.

``(e) In this section--

``(1) the term `Federal law enforcement officer' has the meaning given the term in section 115(c);

``(2) the term `heave to' means to cause a vessel to slow, come to a stop, or adjust its course or speed to account for the weather conditions and sea state to facilitate a law enforcement boarding;

``(3) the term `vessel subject to the jurisdiction of the United States' has the meaning given the term in section 2 of the Maritime Drug Law Enforcement Act (46 U.S.C. App. 1903); and

``(4) the term `vessel of the United States' has the meaning given the term in section 2 of the Maritime Drug Law Enforcement Act (46 U.S.C. App. 1903).''.

(b) Conforming Amendment.--The table of sections for chapter 109, title 18, United States Code, is amended by inserting after the item for section 2236 the following:

``2237. Criminal sanctions for failure to heave to, obstruction of boarding, or providing false information.''. SEC. 304. USE OF A DANGEROUS WEAPON OR EXPLOSIVE ON A

PASSENGER VESSEL.

Section 1993 of title 18, United States Code, is amended--

(1) in subsection (a)--

(A) in paragraph (1), by inserting ``, passenger vessel,'' after ``transportation vehicle'';

(B) in paragraphs (2)--

(i) by inserting ``, passenger vessel,'' after

``transportation vehicle''; and

(ii) by inserting ``or owner of the passenger vessel'' after ``transportation provider'' each place that term appears;

(i) by inserting ``, passenger vessel,'' after

``transportation vehicle'' each place that term appears; and

(ii) by inserting ``or owner of the passenger vessel'' after ``transportation provider'' each place that term appears;

(D) in paragraph (5)--

(i) by inserting ``, passenger vessel,'' after

``transportation vehicle''; and

(ii) by inserting ``or owner of the passenger vessel'' after ``transportation provider''; and

(E) in paragraph (6), by inserting ``or owner of a passenger vessel'' after ``transportation provider'' each place that term appears;

(2) in subsection (b)(1), by inserting ``, passenger vessel,'' after ``transportation vehicle''; and

(3) in subsection (c)--

(A) by redesignating paragraph (6) through (8) as paragraphs (7) through (9); and

(B) by inserting after paragraph (5) the following:

``(6) the term `passenger vessel' has the meaning given that term in section 2101(22) of title 46, United States Code, and includes a small passenger vessel, as that term is defined under section 2101(35) of that title.''.

SEC. 305. CRIMINAL SANCTIONS FOR VIOLENCE AGAINST MARITIME

NAVIGATION, PLACEMENT OF DESTRUCTIVE DEVICES.

(a) Placement of Destructive Devices.--Chapter 111 of title 18, United States Code, as amended by subsection (a), is further amended by adding at the end the following:

``Sec. 2282A. Devices or dangerous substances in waters of the United States likely to destroy or damage Ships or to interfere with maritime commerce

``(a) A person who knowingly places, or causes to be placed, in navigable waters of the United States, by any means, a device or dangerous substance which is likely to destroy or cause damage to a vessel or its cargo, cause interference with the safe navigation of vessels, or interference with maritime commerce (such as by damaging or destroying marine terminals, facilities, or any other marine structure or entity used in maritime commerce) with the intent of causing such destruction or damage, interference with the safe navigation of vessels, or interference with maritime commerce shall be fined under this title or imprisoned for any term of years, or for life; or both.

``(b) A person who causes the death of any person by engaging in conduct prohibited under subsection (a) may be punished by death.

``(c) Nothing in this section shall be construed to apply to otherwise lawfully authorized and conducted activities of the United States Government.

``(d) In this section:

``(1) The term `dangerous substance' means any solid, liquid, or gaseous material that has the capacity to cause damage to a vessel or its cargo, or cause interference with the safe navigation of a vessel.

``(2) The term `device' means any object that, because of its physical, mechanical, structural, or chemical properties, has the capacity to cause damage to a vessel or its cargo, or cause interference with the safe navigation of a vessel.''.

(2) Conforming amendment.--The table of sections for chapter 111 of title 18, United States Code, as amended by subsection (b), is further amended by adding after the item related to section 2282 the following:

``2282A. Devices or dangerous substances in waters of the United States likely to destroy or damage ships or to interfere with maritime commerce.''.

(b) Violence Against Maritime Navigation.--

(1) In general.--Chapter 111 of title 18, United States Code as amended by subsections (a) and (c), is further amended by adding at the end the following:

``Sec. 2282B. Violence against aids to maritime navigation

``Whoever intentionally destroys, seriously damages, alters, moves, or tampers with any aid to maritime navigation maintained by the Saint Lawrence Seaway Development Corporation under the authority of section 4 of the Act of May 13, 1954 (33 U.S.C. 984), by the Coast Guard pursuant to section 81 of title 14, United States Code, or lawfully maintained under authority granted by the Coast Guard pursuant to section 83 of title 14, United States Code, if such act endangers or is likely to endanger the safe navigation of a ship, shall be fined under this title or imprisoned for not more than 20 years.''.

(2) Conforming amendment.--The table of sections for chapter 111 of title 18, United States Code, as amended by subsections (b) and (d) is further amended by adding after the item related to section 2282A the following:

``2282B. Violence against aids to maritime navigation.''.

SEC. 306. TRANSPORTATION OF DANGEROUS MATERIALS AND

TERRORISTS.

(a) Transportation of Dangerous Materials and Terrorists.--Chapter 111 of title 18, as amended by section 305, is further amended by adding at the end the following:

``Sec. 2283. Transportation of explosive, biological, chemical, or radioactive or nuclear materials

``(a) In General.--Whoever knowingly transports aboard any vessel within the United States and on waters subject to the jurisdiction of the United States or any vessel outside the United States and on the high seas or having United States nationality an explosive or incendiary device, biological agent, chemical weapon, or radioactive or nuclear material, knowing or having reason to believe that any such item is intended to be used to commit an offense listed under section 2332b(g)(5)(B), shall be fined under this title or imprisoned for any term of years or for life, or both.

``(b) Death Penalty.--If the death of any individual results from an offense under subsection (a) the offender may be punished by death.

``(c) Definitions.--In this section:

``(1) Biological agent.--The term `biological agent' means any biological agent, toxin, or vector (as those terms are defined in section 178).

``(2) By-product material.--The term `by-product material' has the meaning given that term in section 11(e) of the Atomic Energy Act of 1954 (42 U.S.C. 2014(e)).

``(3) Chemical weapon.--The term `chemical weapon' has the meaning given that term in section 229F(1).

``(4) Explosive or incendiary device.--The term `explosive or incendiary device' has the meaning given the term in section 232(5) and includes explosive materials, as that term is defined in section 841(c) and explosive as defined in section 844(j).

``(5) Nuclear material.--The term `nuclear material' has the meaning given that term in section 831(f)(1).

``(6) Radioactive material.--The term `radioactive material' means--

``(A) source material and special nuclear material, but does not include natural or depleted uranium;

``(B) nuclear by-product material;

``(C) material made radioactive by bombardment in an accelerator; or

``(D) all refined isotopes of radium.

``(8) Source material.--The term `source material' has the meaning given that term in section 11(z) of the Atomic Energy Act of 1954 (42 U.S.C. 2014(z)).

``(9) Special nuclear material.--The term `special nuclear material' has the meaning given that term in section 11(aa) of the Atomic Energy Act of 1954 (42 U.S.C. 2014(aa)).

``Sec. 2284. Transportation of terrorists

``(a) In General.--Whoever knowingly transports any terrorist aboard any vessel within the United States and on waters subject to the jurisdiction of the United States or any vessel outside the United States and on the high seas or having United States nationality, knowing or having reason to believe that the transported person is a terrorist, shall be fined under this title or imprisoned for any term of years or for life, or both.

``(b) Defined Term.--In this section, the term `terrorist' means any person who intends to commit, or is avoiding apprehension after having committed, an offense listed under section 2332b(g)(5)(B).''.

(b) Conforming Amendment.--The table of sections for chapter 111 of title 18, United States Code, as amended by section 305, is further amended by adding at the end the following:

``2283. Transportation of explosive, chemical, biological, or radioactive or nuclear materials.

``2284. Transportation of terrorists.''.

SEC. 307. DESTRUCTION OF, OR INTERFERENCE WITH, VESSELS OR

MARITIME FACILITIES.

(a) In General.--Title 18, United States Code, is amended by inserting after chapter 111 the following:

``CHAPTER 111A--DESTRUCTION OF, OR INTERFERENCE WITH, VESSELS OR

MARITIME FACILITIES

``Sec.

``2290. Jurisdiction and scope.

``2291. Destruction of vessel or maritime facility.

``2292. Imparting or conveying false information.

``Sec. 2290. Jurisdiction and scope

``(a) Jurisdiction.--There is jurisdiction, including extraterritorial jurisdiction, over an offense under this chapter if the prohibited activity takes place--

``(1) within the United States and within waters subject to the jurisdiction of the United States; or

``(2) outside United States and--

``(A) an offender or a victim is a national of the United States (as that term is defined under section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)); or

``(B) the activity involves a vessel of the United States

(as that term is defined under section 2 of the Maritime Drug Law Enforcement Act (46 U.S.C. App. 1903).

``(b) Scope.--Nothing in this chapter shall apply to otherwise lawful activities carried out by or at the direction of the United States Government.

``Sec. 2291. Destruction of vessel or maritime facility

``(a) Offense.--Whoever intentionally--

``(1) sets fire to, damages, destroys, disables, or wrecks any vessel;

``(2) places or causes to be placed a destructive device, as defined in section 921(a)(4), destructive substance, as defined in section 31(a)(3), or an explosive, as defined in section 844(j) in, upon, or near, or otherwise makes or causes to be made unworkable or unusable or hazardous to work or use, any vessel, or any part or other materials used or intended to be used in connection with the operation of a vessel;

``(3) sets fire to, damages, destroys, or disables or places a destructive device or substance in, upon, or near, any maritime facility, including any aid to navigation, lock, canal, or vessel traffic service facility or equipment;

``(4) interferes by force or violence with the operation of any maritime facility, including any aid to navigation, lock, canal, or vessel traffic service facility or equipment, if such action is likely to endanger the safety of any vessel in navigation;

``(5) sets fire to, damages, destroys, or disables or places a destructive device or substance in, upon, or near, any appliance, structure, property, machine, or apparatus, or any facility or other material used, or intended to be used, in connection with the operation, maintenance, loading, unloading, or storage of any vessel or any passenger or cargo carried or intended to be carried on any vessel;

``(6) performs an act of violence against or incapacitates any individual on any vessel, if such act of violence or incapacitation is likely to endanger the safety of the vessel or those on board;

``(7) performs an act of violence against a person that causes or is likely to cause serious bodily injury, as defined in section 1365(h)(3), in, upon, or near, any appliance, structure, property, machine, or apparatus, or any facility or other material used, or intended to be used, in connection with the operation, maintenance, loading, unloading, or storage of any vessel or any passenger or cargo carried or intended to be carried on any vessel;

``(8) communicates information, knowing the information to be false and under circumstances in which such information may reasonably be believed, thereby endangering the safety of any vessel in navigation; or

``(9) attempts or conspires to do anything prohibited under paragraphs (1) through (8),shall be fined under this title or imprisoned not more than 30 years, or both.

``(b) Limitation.--Subsection (a) shall not apply to any person that is engaging in otherwise lawful activity, such as normal repair and salvage activities, and the transportation of hazardous materials regulated and allowed to be transported under chapter 51 of title 49.

``(c) Penalty.--Whoever is fined or imprisoned under subsection (a) as a result of an act involving a vessel that, at the time of the violation, carried high-level radioactive waste (as that term is defined in section 2(12) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101(12)) or spent nuclear fuel (as that term is defined in section 2(23) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101(23)), shall be fined under this title, imprisoned for a term up to life, or both.

``(d) Death Penalty.--If the death of any individual results from an offense under subsection (a) the offender shall be punished by death or imprisonment for any term or years or for life.

``(e) Threats.--Whoever knowingly imparts or conveys any threat to do an act which would violate this chapter, with an apparent determination and will to carry the threat into execution, shall be fined under this title or imprisoned not more than 5 years, or both, and is liable for all costs incurred as a result of such threat.

``Sec. 2292. Imparting or conveying false information

``(a) In General.--Whoever imparts or conveys or causes to be imparted or conveyed false information, knowing the information to be false, concerning an attempt or alleged attempt being made or to be made, to do any act that would be a crime prohibited by this chapter or by chapter 111 of this title, shall be subject to a civil penalty of not more than

$5,000, which shall be recoverable in a civil action brought in the name of the United States.

``(b) Malicious Conduct.--Whoever knowingly, or with reckless disregard for the safety of human life, imparts or conveys or causes to be imparted or conveyed false information, knowing the information to be false, concerning an attempt or alleged attempt to do any act which would be a crime prohibited by this chapter or by chapter 111 of this title, shall be fined under this title or imprisoned not more than 5 years.''.

(c) Conforming Amendment.--The table of chapters at the beginning of title 18, United States Code, is amended by inserting after the item for chapter 111 the following:

``111A. Destruction of, or interference with, vessels or maritime facilities..................................................2290''.

SEC. 308. THEFT OF INTERSTATE OR FOREIGN SHIPMENTS OR

VESSELS.

(a) Theft of Interstate or Foreign Shipments.--Section 659 of title 18, United States Code, is amended--

(1) in the first undesignated paragraph--

(A) by inserting ``trailer,'' after ``motortruck,'';

(B) by inserting ``air cargo container,'' after

``aircraft,''; and

(C) by inserting ``, or from any intermodal container, trailer, container freight station, warehouse, or freight consolidation facility,'' after ``air navigation facility'';

(2) in the fifth undesignated paragraph, by striking ``in each case'' and all that follows through ``or both'' the second place it appears and inserting ``be fined under this title or imprisoned not more than 15 years, or both, but if the amount or value of such money, baggage, goods, or chattels is less than $1,000, shall be fined under this title or imprisoned for not more than 5 years, or both''; and

(3) by inserting after the first sentence in the eighth undesignated paragraph the following: ``For purposes of this section, goods and chattel shall be construed to be moving as an interstate or foreign shipment at all points between the point of origin and the final destination (as evidenced by the waybill or other shipping document of the shipment), regardless of any temporary stop while awaiting transshipment or otherwise.''.

(b) Stolen Vessels.--

(1) In general.--Section 2311 of title 18, United States Code, is amended by adding at the end the following:

`` `Vessel' means any watercraft or other contrivance used or designed for transportation or navigation on, under, or immediately above, water.''.

(2) Transportation and sale of stolen vessels.--

(A) Transportation.--Section 2312 of title 18, United States Code, is amended--

(i) by striking ``motor vehicle or aircraft'' and inserting

``motor vehicle, vessel, or aircraft''; and

(ii) by striking ``10 years'' and inserting ``15 years''.

(B) Sale.--Section 2313(a) of title 18, United States Code, is amended--

(i) by striking ``motor vehicle or aircraft'' and inserting

``motor vehicle, vessel, or aircraft''; and

(ii) by striking ``10 years'' and inserting ``15 years''.

(c) Review of Sentencing Guidelines.--Pursuant to section 994 of title 28, United States Code, the United States Sentencing Commission shall review the Federal Sentencing Guidelines to determine whether sentencing enhancement is appropriate for any offense under section 659 or 2311 of title 18, United States Code, as amended by this title.

(d) Annual Report of Law Enforcement Activities.--The Attorney General shall annually submit to Congress a report, which shall include an evaluation of law enforcement activities relating to the investigation and prosecution of offenses under section 659 of title 18, United States Code, as amended by this title.

(e) Reporting of Cargo Theft.--The Attorney General shall take the steps necessary to ensure that reports of cargo theft collected by Federal, State, and local officials are reflected as a separate category in the Uniform Crime Reporting System, or any successor system, by no later than December 31, 2006.

SEC. 309. INCREASED PENALTIES FOR NONCOMPLIANCE WITH MANIFEST

REQUIREMENTS.

(a) Reporting, Entry, Clearance Requirements.--Section 436(b) of the Tariff Act of 1930 (19 U.S.C. 1436(b)) is amended by--

(1) striking ``or aircraft pilot'' and inserting ``aircraft pilot, operator, owner of such vessel, vehicle or aircraft, or any other responsible party (including non-vessel operating common carriers)'';

(2) striking ``$5,000'' and inserting ``$10,000''; and

(3) striking ``$10,000'' and inserting ``$25,000''.

(b) Criminal Penalty.--Section 436(c) of the Tariff Act of 1930 (19 U.S.C. 1436(c)) is amended--

(1) by striking ``or aircraft pilot'' and inserting

``aircraft pilot, operator, owner of such vessel, vehicle, or aircraft, or any other responsible party (including non-vessel operating common carriers)''; and

(2) by striking ``$2,000'' and inserting ``$10,000''.

(c) Falsity or Lack of Manifest.--Section 584(a)(1) of the Tariff Act of 1930 (19 U.S.C. 1584(a)(1)) is amended by striking ``$1,000'' in each place it occurs and inserting

``$10,000''.

SEC. 310. STOWAWAYS ON VESSELS OR AIRCRAFT.

Section 2199 of title 18, United States Code, is amended by striking ``Shall be fined under this title or imprisoned not more than one year, or both.'' and inserting the following:

``(1) shall be fined under this title, imprisoned not more than 5 years, or both;

``(2) if the person commits an act proscribed by this section, with the intent to commit serious bodily injury, and serious bodily injury occurs (as defined under section 1365, including any conduct that, if the conduct occurred in the special maritime and territorial jurisdiction of the United States, would violate section 2241 or 2242) to any person other than a participant as a result of a violation of this section, shall be fined under this title or imprisoned not more than 20 years, or both; and

``(3) if death results from an offense under this section, shall be subject to the death penalty or to imprisonment for any term or years or for life.''.

SEC. 311. BRIBERY AFFECTING PORT SECURITY.

(a) In General.--Chapter 11 of title 18, United States Code, is amended by adding at the end the following:

``Sec. 226. Bribery affecting port security

``(a) In General.--Whoever knowingly--

``(1) directly or indirectly, corruptly gives, offers, or promises anything of value to any public or private person, with intent to commit international terrorism or domestic terrorism (as those terms are defined under section 2331), to--

``(A) influence any action or any person to commit or aid in committing, or collude in, or allow, any fraud, or make opportunity for the commission of any fraud affecting any secure or restricted area or seaport; or

``(B) induce any official or person to do or omit to do any act in violation of the lawful duty of such official or person that affects any secure or restricted area or seaport; or

``(2) directly or indirectly, corruptly demands, seeks, receives, accepts, or agrees to receive or accept anything of value personally or for any other person or entity in return for--

``(A) being influenced in the performance of any official act affecting any secure or restricted area or seaport; and

``(B) knowing that such influence will be used to commit, or plan to commit, international or domestic terrorism,shall be fined under this title or imprisoned not more than 20 years, or both.

``(b) Definition.--In this section, the term `secure or restricted area' means an area of a vessel or facility designated as secure in an approved security plan, as required under section 70103 of title 46, United States Code, and the rules and regulations promulgated under that section.''.

(b) Conforming Amendment.--The table of sections for chapter 11 of title 18, United States Code, is amended by adding at the end the following:

``226. Bribery affecting port security.''.

SEC. 312. PENALTIES FOR SMUGGLING GOODS INTO THE UNITED

STATES.

The third undesignated paragraph of section 545 of title 18, United States Code, is amended by striking ``5 years'' and inserting ``20 years''.

SEC. 313. SMUGGLING GOODS FROM THE UNITED STATES.

(a) In General.--Chapter 27 of title 18, United States Code, is amended by adding at the end the following:

``Sec. 554. Smuggling goods from the United States

``(a) In General.--Whoever fraudulently or knowingly exports or sends from the United States, or attempts to export or send from the United States, any merchandise, article, or object contrary to any law or regulation of the United States, or receives, conceals, buys, sells, or in any manner facilitates the transportation, concealment, or sale of such merchandise, article or object, prior to exportation, knowing the same to be intended for exportation contrary to any law or regulation of the United States, shall be fined under this title, imprisoned not more than 10 years, or both.

``(b) Definition.--In this section, the term `United States' has the meaning given that term in section 545.''.

(b) Conforming Amendment.--The chapter analysis for chapter 27 of title 18, United States Code, is amended by adding at the end the following:

``554. Smuggling goods from the United States.''.

``section 554 (relating to smuggling goods from the United States),'' before ``section 641 (relating to public money, property, or records),''.

(d) Tariff Act of 1990.--Section 596 of the Tariff Act of 1930 (19 U.S.C. 1595a) is amended by adding at the end the following:

``(d) Merchandise exported or sent from the United States or attempted to be exported or sent from the United States contrary to law, or the proceeds or value thereof, and property used to facilitate the receipt, purchase, transportation, concealment, or sale of such merchandise prior to exportation shall be forfeited to the United States.''.

(e) Removing Goods From Customs Custody.--Section 549 of title 18, United States Code, is amended in the 5th paragraph by striking ``two years'' and inserting ``10 years''.

TITLE IV--COMBATING TERRORISM FINANCING

SEC. 401. SHORT TITLE.

This title may be cited as the ``Combating Terrorism Financing Act of 2005''.

SEC. 402. INCREASED PENALTIES FOR TERRORISM FINANCING.

Section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) is amended--

(1) in subsection (a), by deleting ``$10,000'' and inserting ``$50,000''.

(2) in subsection (b), by deleting ``ten years'' and inserting ``twenty years''.

SEC. 403. TERRORISM-RELATED SPECIFIED ACTIVITIES FOR MONEY

LAUNDERING.

(a) Amendments to RICO.--Section 1961(1) of title 18, United States Code, is amended--

(1) in subparagraph (B), by inserting ``section 1960

(relating to illegal money transmitters),'' before ``sections 2251''; and

(2) in subparagraph (F), by inserting ``section 274A

(relating to unlawful employment of aliens),'' before

``section 277''.

(b) Amendments to Section 1956(c)(7).--Section 1956(c)(7)(D) of title 18, United States Code, is amended by--

(1) inserting ``, or section 2339C (relating to financing of terrorism)'' before ``of this title''; and

(2) striking ``or any felony violation of the Foreign Corrupt Practices Act'' and inserting ``any felony violation of the Foreign Corrupt Practices Act, or any violation of section 208 of the Social Security Act (relating to obtaining funds through misuse of a social security number)''.

(1) Section 1956(e) of title 18, United States Code, is amended to read as follows:

``(e) Violations of this section may be investigated by such components of the Department of Justice as the Attorney General may direct, and by such components of the Department of the Treasury as the Secretary of the Treasury may direct, as appropriate, and, with respect to offenses over which the Department of Homeland Security has jurisdiction, by such components of the Department of Homeland Security as the Secretary of Homeland Security may direct, and, with respect to offenses over which the United States Postal Service has jurisdiction, by the Postal Service. Such authority of the Secretary of the Treasury, the Secretary of Homeland Security, and the Postal Service shall be exercised in accordance with an agreement which shall be entered into by the Secretary of the Treasury, the Secretary of Homeland Security, the Postal Service, and the Attorney General. Violations of this section involving offenses described in paragraph (c)(7)(E) may be investigated by such components of the Department of Justice as the Attorney General may direct, and the National Enforcement Investigations Center of the Environmental Protection Agency.''.

(2) Section 1957(e) of title 18, United States Code, is amended to read as follows:

SEC. 404. ASSETS OF PERSONS COMMITTING TERRORIST ACTS AGAINST

FOREIGN COUNTRIES OR INTERNATIONAL

ORGANIZATIONS.

Section 981(a)(1)(G) of title 18, United States Code, is amended--

(1) by striking ``or'' at the end of clause (ii);

(2) by striking the period at the end of clause (iii) and inserting ``; or''; and

(3) by inserting the following after clause (iii):

``(iv) of any individual, entity, or organization engaged in planning or perpetrating any act of international terrorism (as defined in section 2331) against any international organization (as defined in section 209 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 4309(b)) or against any foreign Government. Where the property sought for forfeiture is located beyond the territorial boundaries of the United States, an act in furtherance of such planning or perpetration must have occurred within the jurisdiction of the United States.''.

SEC. 405. MONEY LAUNDERING THROUGH HAWALAS.

Section 1956 of title 18, United States Code, is amended by adding at the end the following:

``(j)(1) For the purposes of subsections (a)(1) and (a)(2), a transaction, transportation, transmission, or transfer of funds shall be considered to be one involving the proceeds of specified unlawful activity, if the transaction, transportation, transmission, or transfer is part of a set of parallel or dependent transactions, any one of which involves the proceeds of specified unlawful activity.

``(2) As used in this section, a `dependent transaction' is one that completes or complements another transaction or one that would not have occurred but for another transaction.''.

SEC. 406. TECHNICAL AND CONFORMING AMENDMENTS RELATING TO THE

USA PATRIOT ACT.

(a) Technical Corrections.--

(1) Section 322 of Public Law 107-56 is amended by striking

``title 18'' and inserting ``title 28''.

(2) Section 5332(a)(1) of title 31, United States Code, is amended by striking ``article of luggage'' and inserting

``article of luggage or mail''.

(3) Section 1956(b)(3) and (4) of title 18, United States Code, are amended by striking ``described in paragraph (2)'' each time it appears; and

(4) Section 981(k) of title 18, United States Code, is amended by striking ``foreign bank'' each time it appears and inserting ``foreign bank or financial institution''.

(b) Codification of Section 316 of the USA PATRIOT Act.--

(1) Chapter 46 of title 18, United States Code, is amended--

(A) by inserting at the end the following:

``Sec. 987. Anti-terrorist forfeiture protection

``(a) Right to Contest.--An owner of property that is confiscated under this chapter or any other provision of law relating to the confiscation of assets of suspected international terrorists, may contest that confiscation by filing a claim in the manner set forth in the Federal Rules of Civil Procedure (Supplemental Rules for Certain Admiralty and Maritime Claims), and asserting as an affirmative defense that--

``(1) the property is not subject to confiscation under such provision of law; or

``(2) the innocent owner provisions of section 983(d) apply to the case.

``(b) Evidence.--In considering a claim filed under this section, a court may admit evidence that is otherwise inadmissible under the Federal Rules of Evidence, if the court determines that the evidence is reliable, and that compliance with the Federal Rules of Evidence may jeopardize the national security interests of the United States.

``(c) Clarifications.--

``(1) Protection of rights.--The exclusion of certain provisions of Federal law from the definition of the term

`civil forfeiture statute' in section 983(i) shall not be construed to deny an owner of property the right to contest the confiscation of assets of suspected international terrorists under--

``(A) subsection (a) of this section;

``(B) the Constitution; or

``(C) subchapter II of chapter 5 of title 5, United States Code (commonly known as the `Administrative Procedure Act').

``(2) Savings clause.--Nothing in this section shall limit or otherwise affect any other remedies that may be available to an owner of property under section 983 or any other provision of law.''; and

(B) in the chapter analysis, by inserting at the end the following:

``987. Anti-terrorist forfeiture protection.''.

(2) Subsections (a), (b), and (c) of section 316 of Public Law 107-56 are repealed.

(1) Section 33(a) of title 18, United States Code is amended by inserting ``or conspires'' before ``to do any of the aforesaid acts''.

(2) Section 1366(a) of title 18, United States Code, is amended--

(A) by striking ``attempts'' each time it appears and inserting ``attempts or conspires''; and

(B) by inserting ``, or if the object of the conspiracy had been achieved,'' after ``the attempted offense had been completed''.

SEC. 407. TECHNICAL CORRECTIONS TO FINANCING OF TERRORISM

STATUTE.

Section 2332b(g)(5)(B) of title 18, United States Code, is amended by inserting ``)'' after ``2339C (relating to financing of terrorism''.

SEC. 408. CROSS REFERENCE CORRECTION.

Section 5318(n)(4)(A) of title 31, United States Code, is amended by striking ``National Intelligence Reform Act of 2004'' and inserting ``Intelligence Reform and Terrorism Prevention Act of 2004''.

SEC. 409. AMENDMENT TO AMENDATORY LANGUAGE.

Section 6604 of the Intelligence Reform and Terrorism Prevention Act of 2004 is amended (effective on the date of the enactment of that Act)--

(1) by striking ``Section 2339c(c)(2)'' and inserting

``Section 2339C(c)(2)''; and

(2) by striking ``Section 2339c(e)'' and inserting

``Section 2339C(e)''.

SEC. 410. DESIGNATION OF ADDITIONAL MONEY LAUNDERING

PREDICATE.

Section 1956(c)(7)(D) of title 18, United States Code, is amended--

(1) by inserting ``, or section 2339D (relating to receiving military-type training from a foreign terrorist organization)'' after ``section 2339A or 2339B (relating to providing material support to terrorists)''; and

(2) by striking ``or'' before ``section 2339A or 2339B''.

The PRESIDING OFFICER appointed Mr. Specter, Mr. Hatch, Mr. Kyl, Mr. DeWine, Mr. Sessions, Mr. Roberts, Mr. Leahy, Mr. Kennedy, Mr. Rockefeller, and Mr. Levin conferees on the part of the Senate.

Mr. FRIST. Mr. President, I thank our colleagues on this very important piece of legislation--both those who have reservations and those who support this very important act. I talked to the Attorney General a short while ago, and he expressed his appreciation to this body.

____________________

SOURCE: Congressional Record Vol. 151, No. 106

Congressional Record publishes “USA PATRIOT AND TERRORISM PREVENTION REAUTHORIZATION ACT OF 2005” on July 29, 2005

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